Order Code RS21519
Updated November 24, 2008
Legislative Procedures for Adjusting the
Public Debt Limit: A Brief Overview
Bill Heniff Jr.
Analyst on the Congress and the Legislative Process
Government and Finance DivisionMay 2, 2011
Congressional Research Service
7-5700
www.crs.gov
RS21519
CRS Report for Congress
Prepared for Members and Committees of Congress
Legislative Procedures for Adjusting the Public Debt Limit: A Brief Overview
Summary
Almost all borrowing by the federal government is conducted by the Treasury
Department, within
the restrictions established by a single, statutory limit on the total
amount of debt that may be
outstanding at any time. Most adjustments to the debt limit
have been increases, but sometimes
the change has been a reduction.
The annual budget resolution includes recommendedis required to include appropriate levels of the public debt limit
for each
fiscal year covered by the resolution. In some years, the budget resolution includes amounts of
the public debt specifically subject to limit or amounts by which the public debt subject to limit is
recommended to be changed. Because a budget resolution does not
become law, Congress and the
President must enact legislation in order to implement
budget resolution policies. TheUnder current legislative
procedures, the House and Senate may develop and consider legislation
adjusting the debt limit in any
one of threetwo ways: (1) under regular legislative
procedures in both chambers, either as freestanding
legislation or as a part of a measure
dealing with other topics; or (2) as part of the budget
reconciliation process provided for under the Congressional Budget Act of 1974. The House also
has initiated debt limit legislation under its former(2) pursuant to House Rule XXVIIXXVIII (the so-called “Gephardt
rule”); the House repealed the rule at the beginning of the 112th Congress.
); or (3) as part of the budget reconciliation process provided for under the
Congressional Budget Act of 1974. During the period from 1940 to the present,
Congress and the President have enacted a total of 88 91
measures adjusting the public debt
limit — 70 limit—72 under regular legislative procedures in both
chambers, 1415 under the Gephardt
rule, and 4 under reconciliation procedures. The current debt
limit is $11.315 trillion.
This report will be updated as developments warrant.
Almost all borrowing by the federal government is conducted by the Treasury
Department, within the restrictions established by a single, statutory limit on the total
amount of debt that may be outstanding at any time.1 In a few instances, agencies such
as the Tennessee Valley Authority operate within their own borrowing limits established
separately in law. For years, the public debt limit has been codified in Section 3101(b)
of Title 31, United States Code. Periodic adjustments in the debt limit take the form of
1
For a discussion of federal debt, the debt limit, and debt management practices, see the Office
of Management and Budget, Budget of the United States Government, Fiscal Year 2009,
Analytical Perspectives, Chapter 16 — Federal Borrowing and Debt, Feb. 2008, pp. 229-241.
For an additional discussion of issues related to increasing the debt limit, see CRS Report
RL31967, The Debt Limit: History and Recent Increases, by D. Andrew Austin.
CRS-2
amendments to 31 U.S.C. 3101(b), usually by striking the current dollar limitation and
inserting a new one. While most adjustments to the debt limit have been increases, in
some instances the debt limit has been reduced or extended at its current level for a
specified interval.2
The Congressional Budget Act of 1974 (P.L. 93-344, 2 U.S.C. 601-688) requires the
House and Senate to adopt a concurrent resolution on the budget each year before
considering revenue, spending, and debt-limit legislation. In addition to recommending
the appropriate levels of total revenues, spending, and the deficit or surplus, the budget
resolution also specifies the appropriate level of the debt limit for each fiscal year covered
by the measure. Inasmuch as a budget resolution does not become law, Congress and the
President must enact legislation implementing budget resolution policies, including any
needed adjustment in the debt limit. Even if a budget resolution is not adopted by the
House and Senate, as occurred in 1998, 2002, 2004, and 2006, legislation must be enacted
to raise the debt limit whenever it becomes insufficient.
Under current legislative procedures, the House and Senate may develop and
consider legislation adjusting the debt limit in any one of three ways: (1) under regular
legislative procedures in both chambers, either as freestanding legislation or as a part of
a measure dealing with other topics; (2) pursuant to House Rule XXVII (the so-called
Gephardt rule); or (3) as part of the budget reconciliation process provided for under the
Congressional Budget Act of 1974. While the Constitution requires that revenue
measures originate in the House, this requirement is not considered to apply to debt-limit
measures.3 Over the years, however, most debt-limit legislation has originated in the
House. In 2002 and 2004, a Senate-originated bill was the vehicle for the debt-limit
increase. The House Ways and Means Committee and the Senate Finance Committee
exercise jurisdiction over debt-limit legislation.
It is extremely difficult for Congress to effectively influence fiscal and budgetary
policy through action on legislation adjusting the debt limit. The need to raise (or lower)
the limit during a session is driven by many previous decisions regarding revenues and
spending stemming from legislation enacted earlier in the session or in prior years.
Nevertheless, the consideration of debt-limit legislation often is viewed as an opportunity
to reexamine fiscal and budgetary policy and is marked by controversy. Consequently,
House and Senate action on legislation adjusting the debt limit often is complicated,
hindered by political difficulties, and subject to delay.
As shown in Figure 1, a total of 88 debt-limit measures were enacted into law during
the period from 1940 to the present. The number of laws rose steadily from the decade
of the 1950s through the decade of the 1980s, from 6 to 24, but dropped to 13 in the
1990s. Six of the 13 laws enacted in the 1990s were temporary extensions over a three-
2
For example, P.L. 455 of the 79th Congress (60 Stat. 316; June 26, 1946) reduced the debt limit
from $300 billion to $275 billion as budget surpluses reemerged following World War II, and
P.L. 101-461 (104 Stat. 1078; October 25, 1990) extended the current debt limit level of $3.195
trillion for three days (as part of a series of short-term extensions) while a budget summit was
underway.
3
See the discussion on pages 16 and 17 of CRS Report RL31399, The Origination Clause of the
U.S. Constitution: Interpretation and Enforcement, by James V. Saturno.
CRS-3
month period in 1990, enacted largely to accommodate lengthy negotiations during a
budget summit between Congress and the President. Seven debt-limit laws have been
enacted so far in this decade.
Figure 1. Number of Measures Adjusting the Public Debt Limit
Enacted by Decade: 1940s to the Present
Number of Measures Enacted
30
24
25
20
18
15
13
13
10
7
7
6
5
0
1940s
1950s
1960s
1970s
1980s
1990s
2000s
Decade
Sources: Office of Management and Budget, Budget of the United States Government, Fiscal Year 2009,
Historical Tables, Table 7.3, Feb. 2008, pp. 130-133; and the Legislative Information System (LIS) of the
U.S. Congress [www.congress.gov].
As mentioned previously, debt-limit legislation may be considered under regular
legislative procedures in both chambers, pursuant to the House’s so-called Gephardt rule,
or as part of the budget reconciliation process. Of the total 88 debt-limit measures enacted
into law during the period from 1940 to the present, 70 were considered under regular
legislative procedures, 14 were initiated pursuant to the Gephardt rule, and four were
considered as part of omnibus budget reconciliation legislation. Compared to regular
legislative procedures, the Gephardt rule accelerates action in the House (but not the
Senate) and the budget reconciliation process expedites consideration in both chambers.
Table 1, at the end of this report, provides information on the 13 measures adjusting
the public debt limit enacted during the period from 1993 to the present. Of these 13
measures, eight were considered under regular legislative procedures in both chambers,
either as freestanding legislation (three measures) or as part of legislation involving other
matters (five measures), three were initiated pursuant to the Gephardt rule, and two were
considered as part of omnibus budget reconciliation legislation.
The three ways of developing and considering debt-limit legislation are discussed
briefly below.
CRS-4
Regular Legislative Procedures in Both Chambers. The House Ways and
Means Committee and the Senate Finance Committee may originate measures adjusting
the debt limit at any time. The Senate usually acts on legislation originated by the House.
In 2002 and 2004, however, the Senate originated debt-limit bills (S. 2578 and S. 2986,
respectively), which became P.L. 107-199 and P.L. 108-415.
Consideration of debt-limit measures in the House usually is subject to special rules,
reported by the House Rules Committee, that may include debate limitations, restrictions
on the offering of amendments, and other expediting features. In the Senate, consideration
of debt-limit measures generally is not subject to expediting procedures; nongermane
amendments may be offered and the measures may be debated at length, unless cloture is
invoked or other limitations are agreed to by unanimous consent.
The most recent adjustment to the public debt limit (Section 122, Div. A, P.L. 110343), for instance, was considered under the regular legislative process as part of the
economic stabilization legislation. The Senate, on October 1, 2008, added an increase to
the public debt limit, among other provisions related to the proposed troubled assets relief
program, as an amendment to mental health parity legislation (H.R. 1424) under the terms
of a unanimous consent agreement. The House subsequently, under the terms of a special
rule (H.Res. 1525), agreed to the legislation without change on October 3. President
George W. Bush signed the legislation on the same day.
Gephardt Rule Procedures. Debt-limit legislation may be initiated pursuant to
House Rule XXVII, commonly referred to as the Gephardt rule (named after its author,
Representative Richard Gephardt).4 The Gephardt rule was established by P.L. 96-78 (93
Stat. 589-591; September 29, 1979) and first applied in calendar year 1980. It provides
for the automatic engrossment and transmittal to the Senate, upon the adoption of the
budget resolution, of a joint resolution changing the public debt limit by the amount
recommended in the budget resolution. The joint resolution is deemed to have passed the
House by the same vote as the conference report on the budget resolution.
The Gephardt rule originally was designated as House Rule XLIX. The House
recodified the rule as House Rule XXIII at the beginning of the 106th Congress, repealed
it at the beginning of the 107th Congress, and reinstated it, as new Rule XXVII, at the
beginning of the 108th Congress.
Since the rule was established in 1980, the House has originated 19 joint resolutions
under this procedure. The Senate passed 15 of these joint resolutions, passing 10 without
amendment and five with amendments. Of the remaining four joint resolutions, the Senate
began consideration on one but came to no resolution on it and took no action on three.
Of the 19 joint resolutions originated by the House under the Gephardt rule, 14 were
enacted into law. The most recent one enacted into law, H.J.Res. 43, originated in the
House pursuant to the adoption of the FY2008 budget resolution (S.Con.Res. 21) on May
17, 2007. The Senate passed the measure on September 27, 2007, without amendment,
and President Bush signed it into law on September 29 (P.L. 110-91; 121 Stat. 988).
4
For further information, see CRS Report RL31913, Developing Debt-Limit Legislation: The
House’s “Gephardt Rule,” by Bill Heniff Jr.
CRS-5
In 14 years during this period (calendar years 1988, 1990-1991, 1994-2002, 2004,
and 2006), the rule did not apply or was not used due to its suspension or repeal, or a
budget resolution was not finally agreed to. In most cases, the House suspended the rule
because legislation changing the statutory limit was not necessary at the time.
The Senate has no comparable procedure. If the Senate chooses to consider a House
joint resolution originated pursuant to the Gephardt rule, it does so under the regular
legislative process. The Senate sometimes has considered such debt-limit measures for
days and amended them. In 1985, for example, the Senate added extensive budget
enforcement procedures (the Balanced Budget and Emergency Deficit Control Act of
1985, also known as the “Gramm-Rudman-Hollings Act”) to H.J.Res. 372, a measure that
the House had originated under the Gephardt rule.
The Budget Reconciliation Process. The reconciliation process is an optional
procedure that operates as an adjunct to the budget resolution process.5 The chief purpose
of the reconciliation process is to enhance Congress’s ability to change current law in
order to bring revenue, mandatory spending, and debt-limit levels into conformity with the
policies of the budget resolution. Reconciliation legislation is subject to expedited
consideration in both chambers. In the Senate, in particular, debate on reconciliation
legislation is limited, amendments must be germane, and extraneous matter is barred.
While the predominant focus of reconciliation legislation has been to change revenue
and spending levels, four such measures also were used to adjust the debt limit:
!
!
!
!
5
the Omnibus Budget Reconciliation Act of 1986 (P.L. 99-509; October
21, 1986), Section 8201 (100 Stat. 1968);
the Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508;
November 5, 1990), Section 11901 (104 Stat. 1388-560);
the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66; August
10, 1993), Section 13411 (107 Stat. 565); and
the Balanced Budget Act of 1997 (P.L. 105-33; August 5, 1997), Section
5701 (111 Stat. 648).
For more information on the reconciliation process, see CRS Report RL33030, The Budget
Reconciliation Process: House and Senate Procedures, by Robert Keith and Bill Heniff Jr.
CRS-6
Table 1. Legislation Adjusting the Public
Debt Limit Enacted From 1993 to the Present
Bill Number
Procedure
Type of Act
Nature of
Adjustment
Public Law
(Date Enacted)
H.R. 1430
Regular legislative
procedures
Debt-limit increase
Temporary increase
P.L. 103-12
(04-06-1993)
H.R. 2264
Reconciliation
process
Omnibus budget
reconciliation
Permanent increase
P.L. 103-66
(08-10-1993)
H.R. 2924
Regular legislative
procedures
Timely payment of
Temporary
Social Security benefits exemption for
certain borrowing
P.L. 104-103
(02-08-1996)
H.R. 3021
Regular legislative
procedures
Timely payment of
Temporary
Social Security benefits exemption for
certain borrowing
P.L. 104-115
(03-12-1996)
H.R. 3136
Regular legislative
procedures
Contract with America
Advancement Act
Permanent increase
P.L. 104-121
(03-29-1996)
H.R. 2015
Reconciliation
process
Omnibus budget
reconciliation
Permanent increase
P.L. 105-33
(08-05-1997)
Regular legislative
procedures
Debt-limit increase
Permanent increase
P.L. 107-199
(06-28-2002)
Gephardt rule
procedures
Debt-limit increase
Permanent increase
P.L. 108-24
(05-27-2003)
Regular legislative
procedures
Debt-limit increase
Permanent increase
P.L. 108-415
(11-19-2004)
H.J.Res. 47
Gephardt rule
procedures
Debt-limit increase
Permanent increase
P.L. 109-182
(03-20-2006)
H.J.Res. 43
Gephardt rule
procedures
Debt-limit increase
Permanent increase
P.L. 110-91
(09-29-2007)
H.R. 3221
Regular legislative
procedures
Housing and Economic Permanent increase
Recovery Act of 2008
P.L. 110-289
(07-30-2008)
H.R. 1424
Regular legislative
procedures
Emergency Economic
Stabilization Act of
2008
P.L. 110-343
(10-03-2008)
S. 2578
H.J.Res. 51
S. 2986
Permanent increase
Sources: Office of Management and Budget, Budget of the United States Government, Fiscal Year 2009, Historical
Tables, Table 7.3, Feb. 2008, pp. 130-133; and the Legislative Information System (LIS), [http://www.congress.gov].14.294 trillion.
This report will be updated as developments warrant.
Congressional Research Service
Legislative Procedures for Adjusting the Public Debt Limit: A Brief Overview
Contents
Introduction ................................................................................................................................1
Legislative Procedures for Adjusting the Public Debt Limit .........................................................1
Regular Legislative Procedures in Both Chambers ................................................................2
The Budget Reconciliation Process .......................................................................................2
“Gephardt Rule” Procedures .................................................................................................3
Measures Adjusting the Public Debt Limit...................................................................................4
Figures
Figure 1. Number of Measures Adjusting the Public Debt Limit Enacted by Decade:
1940s to the Present .................................................................................................................5
Tables
Table 1. Legislation Adjusting the Public Debt Limit Enacted from 1993 to the Present..............6
Contacts
Author Contact Information ........................................................................................................7
Acknowledgments ......................................................................................................................7
Congressional Research Service
Legislative Procedures for Adjusting the Public Debt Limit: A Brief Overview
Introduction
Almost all borrowing by the federal government is conducted by the Treasury Department, within
the restrictions established by a single, statutory limit on the total amount of debt that may be
outstanding at any time. 1 In a few instances, agencies such as the Tennessee Valley Authority
operate within their own borrowing limits established separately in law. For years, the public debt
limit has been codified in Section 3101(b) of Title 31, United States Code. Periodic adjustments
in the debt limit take the form of amendments to 31 U.S.C. 3101(b), usually by striking the
current dollar limitation and inserting a new one. In the past, such changes to the debt limit have
been either permanent or temporary.
The Congressional Budget Act of 1974 (P.L. 93-344, 2 U.S.C. 601-688) requires the House and
Senate to adopt a concurrent resolution on the budget each year before considering revenue,
spending, and debt limit legislation. In addition to recommending the appropriate levels of total
revenues, spending, and the deficit or surplus, the budget resolution also specifies the appropriate
level of the public debt for each fiscal year covered by the resolution. In some years, the budget
resolution includes amounts of the public debt specifically subject to limit or amounts by which
the public debt subject to limit is recommended to be changed. Inasmuch as a budget resolution
does not become law, Congress and the President must enact legislation implementing budget
resolution policies, including any needed adjustment in the debt limit. Even if a budget resolution
is not adopted by the House and Senate, as occurred in 1998, 2002, 2004, 2006, and 2010,
Congress and the President must enact legislation to change the statutory debt limit.
Legislative Procedures for Adjusting the Public
Debt Limit
Under current legislative procedures, the House and Senate may develop and consider legislation
adjusting the debt limit in one of two ways: (1) under regular legislative procedures in both
chambers, either as freestanding legislation or as a part of a measure dealing with other topics; or
(2) as part of the budget reconciliation process provided for under the Congressional Budget Act
of 1974. The House also has initiated debt limit legislation under its former House Rule XXVIII
(the so-called “Gephardt rule”); the House repealed the rule at the beginning of the 112th
Congress.
Although the Constitution requires that revenue measures originate in the House, this requirement
is not considered to apply to debt limit measures.2 Over the years, however, most debt limit
legislation has originated in the House. In 2002 and 2004, a Senate-originated bill was the vehicle
for the debt limit increase. The House Ways and Means Committee and the Senate Finance
Committee exercise jurisdiction over debt limit legislation.
1
For a discussion of federal debt, the debt limit, and debt management practices, see the Office of Management and
Budget, Budget of the United States Government, Fiscal Year 2012, Analytical Perspectives, Chapter 6—Federal
Borrowing and Debt, pp. 59-74. For an additional discussion of issues related to increasing the debt limit, see CRS
Report RL31967, The Debt Limit: History and Recent Increases, by D. Andrew Austin and Mindy R. Levit.
2
See the discussion under section “Other Legislation and the Origination Clause” of CRS Report RL31399, The
Origination Clause of the U.S. Constitution: Interpretation and Enforcement, by James V. Saturno.
Congressional Research Service
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Legislative Procedures for Adjusting the Public Debt Limit: A Brief Overview
It is extremely difficult for Congress to effectively influence fiscal and budgetary policy through
action on legislation adjusting the debt limit. The need to raise (or lower) the limit during a
session is driven by many previous decisions regarding revenues and spending stemming from
legislation enacted earlier in the session or in prior years. Nevertheless, the consideration of debt
limit legislation often is viewed as an opportunity to reexamine fiscal and budgetary policy and is
marked by controversy. Consequently, House and Senate action on legislation adjusting the debt
limit often is complicated, hindered by political difficulties, and subject to delay.
The three ways the House and Senate has developed and considered debt limit legislation are
discussed briefly below.
Regular Legislative Procedures in Both Chambers
The House and Senate may develop and consider legislation adjusting the debt limit under regular
legislative procedures in both chambers, either as freestanding legislation or as a part of a
measure dealing with other topics. The House Ways and Means Committee and the Senate
Finance Committee may originate measures adjusting the debt limit at any time. The Senate
usually acts on legislation originated by the House. In 2002 and 2004, however, the Senate
originated debt limit bills (S. 2578 and S. 2986, respectively), which became P.L. 107-199 and
P.L. 108-415, respectively.
Consideration of debt limit measures in the House usually is subject to special rules, reported by
the House Rules Committee, that may include debate limitations, restrictions on the offering of
amendments, and other expediting features. In the Senate, consideration of debt limit measures
generally is not subject to expedited procedures; nongermane amendments may be offered and
the measures may be debated at length, unless cloture is invoked or other limitations are agreed to
by unanimous consent.
In 2009, for instance, an adjustment to the public debt limit (Section 1604, Div. B, P.L. 111-5)
was considered under the regular legislative process as part of the economic stimulus legislation
considered in the early part of 2009. The House passed (on January 28) its version of the
economic stimulus legislation (H.R. 1, the American Recovery and Reinvestment Act of 2009)
without any provision increasing the public debt limit. The Senate, however, included an increase
to the public debt limit in its version passed on February 10. The House and Senate subsequently
agreed to the conference report to accompany H.R. 1, which included the Senate’s provision to
increase the public debt limit, on February 13. President Barack Obama signed the legislation on
February 17, 2009 (P.L. 111-5).
The Budget Reconciliation Process
The budget reconciliation process is an optional procedure that operates as an adjunct to the
budget resolution process; the budget reconciliation process may be used only if the House and
Senate agree to a budget resolution that contains reconciliation directives. 3 The chief purpose of
the reconciliation process is to enhance Congress’s ability to change current law to bring revenue,
mandatory spending, and debt limit levels into conformity with the policies of the budget
3
For more information on the budget reconciliation process, see CRS Report RL33030, The Budget Reconciliation
Process: House and Senate Procedures, by Robert Keith and Bill Heniff Jr.
Congressional Research Service
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Legislative Procedures for Adjusting the Public Debt Limit: A Brief Overview
resolution. Reconciliation legislation is subject to expedited consideration in both chambers. In
the Senate, in particular, debate on reconciliation legislation is limited, amendments must be
germane, and extraneous matter is barred.
Although the predominant focus of reconciliation legislation has been to change revenue and
spending levels, four such measures also were used to adjust the debt limit:
•
the Omnibus Budget Reconciliation Act of 1986 (P.L. 99-509; October 21,
1986), Section 8201 (100 Stat. 1968);
•
the Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508; November 5,
1990), Section 11901 (104 Stat. 1388-560);
•
the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66; August 10, 1993),
Section 13411 (107 Stat. 565); and
•
the Balanced Budget Act of 1997 (P.L. 105-33; August 5, 1997), Section 5701
(111 Stat. 648).
“Gephardt Rule” Procedures
The House also has initiated debt limit legislation pursuant to its former House Rule XXVIII,
commonly referred to as the “Gephardt rule” (named after its author, Representative Richard
Gephardt).4 As noted above, the House repealed this rule at the beginning of the 112th Congress.5
The rule provided for the automatic engrossment and transmittal to the Senate, upon the adoption
of the budget resolution, of a joint resolution changing the public debt limit by the amount
recommended in the budget resolution. The joint resolution was deemed to have passed the
House by the same vote as the conference report on the budget resolution.
The Senate has had no comparable procedure. If the Senate chose to consider a House joint
resolution originated pursuant to the Gephardt rule, it did so under the regular legislative process.
As noted above, under the regular legislative process, consideration of debt limit measures, even
those originated by the Gephardt rule, generally is not subject to expedited procedures;
nongermane amendments may be offered and the measures may be debated at length, unless
cloture is invoked or other limitations are agreed to by unanimous consent.
The Senate sometimes has considered such debt limit measures for days and amended them. In
1985, for example, the Senate added extensive budget enforcement procedures (the Balanced
Budget and Emergency Deficit Control Act of 1985, also known as the “Gramm-RudmanHollings Act”) to H.J.Res. 372, a measure that the House had originated under the Gephardt rule.
More recently, in 2010, the Senate added statutory “pay-as-you-go” (PAYGO) enforcement
4
For further information, see CRS Report RL31913, Developing Debt-Limit Legislation: The House’s “Gephardt
Rule”, by Bill Heniff Jr.
5
The “Gephardt rule” was established by P.L. 96-78 (93 Stat. 589-591; September 29, 1979) and first applied in
calendar year 1980. It originally was designated as House Rule XLIX. The House recodified the rule as House Rule
XXIII at the beginning of the 106th Congress, repealed it at the beginning of the 107th Congress, and reinstated it, as
new Rule XXVII, at the beginning of the 108th Congress. The rule was redesignated (without change) as Rule XXVIII
during the 110th Congress upon the enactment of the Honest Leadership and Open Government Act of 2007 (S. 1, P.L.
110-81, September 14, 2007, see Section 301(a)).
Congressional Research Service
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Legislative Procedures for Adjusting the Public Debt Limit: A Brief Overview
procedures to H.J.Res. 45, a measure that the House had originated under the Gephardt rule
pursuant to the adoption of the FY2010 budget resolution (S.Con.Res. 13, 111th Congress) on
April 29, 2009. The Senate passed the measure, as amended, on January 28, 2010, and the House
subsequently passed the measure without further amendment on February 4, 2010.6 In such cases
that the Senate amended the rule-initiated debt limit legislation, the House was required to vote
on the Senate-amended legislation before it was sent to the President.
Overall, from the time the rule was established in 1980 to the end of the 111th Congress, the
House had originated 20 joint resolutions under this procedure. The Senate had passed 16 of these
joint resolutions, passing 10 without amendment and six with amendments.7 Of the 20 joint
resolutions originated by the House under the Gephardt rule, 15 have been enacted into law.
In 14 years (calendar years 1988, 1990-1991, 1994-2002, 2004, and 2006) during this period, the
rule did not apply or was not used due to its suspension or repeal, or a budget resolution was not
finally agreed to. In most cases, the House suspended the rule because legislation changing the
statutory limit was not necessary at the time.
Measures Adjusting the Public Debt Limit
A total of 91 debt limit measures were enacted into law during the period from 1940 to the
present (see Figure 1). The number of laws rose steadily from the decade of the 1950s through
the decade of the 1980s, from 6 to 24, but dropped to 13 in the 1990s. Six of the 13 laws enacted
in the 1990s were temporary extensions over a three-month period in 1990, enacted largely to
accommodate lengthy negotiations during a budget summit between Congress and the President.
Nine debt limit laws were enacted in the 2000s, and one debt limit law has been enacted so far in
this decade.
6
President Obama signed it into law on February 12, 2010 (P.L. 111-139).
Only one of these 16 joint resolutions was not signed into law. (Specifically, during the second session of the 99th
Congress, the Senate passed, as amended, the joint resolution (H.J.Res. 668) automatically engrossed by the House and
requested a conference with the House, but no further action was taken.) Of the remaining four joint resolutions, the
Senate began consideration on one but came to no resolution on it, and took no action on three.
7
Congressional Research Service
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Legislative Procedures for Adjusting the Public Debt Limit: A Brief Overview
Figure 1. Number of Measures Adjusting the Public Debt Limit Enacted by Decade:
1940s to the Present
Number of Measures Enacted
30
24
25
20
18
15
10
13
13
9
7
6
5
1
0
1940s
1950s
1960s
1970s
1980s
1990s
2000s
2010s
Decades
Source: Office of Management and Budget, Budget of the United States Government, Fiscal Year 2012, Historical
Tables, Table 7.3, pp. 142-144.
As mentioned previously, debt limit legislation has been developed and considered under regular
legislative procedures in both chambers, pursuant to the House’s so-called Gephardt rule, or as
part of the budget reconciliation process. Of the total 91 debt limit measures enacted into law
during the period from 1940 to the present, 72 were considered under regular legislative
procedures, 15 were initiated pursuant to the Gephardt rule, and four were considered as part of
omnibus budget reconciliation legislation. Compared with regular legislative procedures, the
Gephardt rule accelerates action in the House (but not the Senate) and the budget reconciliation
process expedites consideration in both chambers.
Table 1 provides information on the 16 measures adjusting the public debt limit enacted during
the period from 1993 to the present. Of these 16 measures, 10 were considered under regular
legislative procedures in both chambers, either as stand-alone legislation (four measures) or as
part of legislation involving other matters (six measures), four were initiated pursuant to the
Gephardt rule, and two were considered as part of omnibus budget reconciliation legislation.
Congressional Research Service
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Legislative Procedures for Adjusting the Public Debt Limit: A Brief Overview
Table 1. Legislation Adjusting the Public Debt Limit Enacted
from 1993 to the Present
Bill Number
Nature of
Adjustment
Public Law
(Date Enacted)
Procedure
Title of Act
H.R. 1430
Regular legislative
procedures
To provide for a
temporary increase in the
public debt limit
Temporary increase
P.L. 103-12
(04-06-1993)
H.R. 2264
Reconciliation
process
Omnibus Budget
Reconciliation Act of 1993
Permanent increase
P.L. 103-66
(08-10-1993)
H.R. 2924
Regular legislative
procedures
To guarantee the timely
payment of social security
benefits in March 1996
Temporary exemption
for certain borrowing
P.L. 104-103
(02-08-1996)
H.R. 3021
Regular legislative
procedures
To guarantee the
continuing full investment
of Social Security and
other Federal funds in
obligations of the United
States
Temporary exemption
for certain borrowing
P.L. 104-115
(03-12-1996)
H.R. 3136
Regular legislative
procedures
Contract with America
Advancement Act of 1996
Permanent increase
P.L. 104-121
(03-29-1996)
H.R. 2015
Reconciliation
process
Balanced Budget Act of
1997
Permanent increase
P.L. 105-33
(08-05-1997)
S. 2578
Regular legislative
procedures
A bill to amend title 31 of
the United States Code to
increase the public debt
limit
Permanent increase
P.L. 107-199
(06-28-2002)
H.J.Res. 51
“Gephardt rule”
procedures
Increasing the statutory
limit on the public debt
Permanent increase
P.L. 108-24
(05-27-2003)
S. 2986
Regular legislative
procedures
A bill to amend title 31 of
the United States Code to
increase the public debt
limit
Permanent increase
P.L. 108-415
(11-19-2004)
H.J.Res. 47
“Gephardt rule”
procedures
Increasing the statutory
limit on the public debt
Permanent increase
P.L. 109-182
(03-20-2006)
H.J.Res. 43
“Gephardt rule”
procedures
Increasing the statutory
limit on the public debt
Permanent increase
P.L. 110-91
(09-29-2007)
H.R. 3221
Regular legislative
procedures
Housing and Economic
Recovery Act of 2008
Permanent increase
P.L. 110-289
(07-30-2008)
H.R. 1424
Regular legislative
procedures
Emergency Economic
Stabilization Act of 2008
Permanent increase
P.L. 110-343
(10-03-2008)
H.R. 1
Regular legislative
procedures
American Recovery and
Reinvestment Act of 2009
Permanent increase
P.L. 111-5
(02-17-2009)
H.R. 4314
Regular legislative
procedures
To permit continued
financing of Government
operations
Permanent increase
P.L. 111-123
(12-28-2009)
H.J.Res. 45
“Gephardt rule”
procedures
Increasing the statutory
limit on the public debt
Permanent increase
P.L. 111-139
(02-12-2010)
Sources: Office of Management and Budget, Budget of the United States Government, Fiscal Year 2012, Historical
Tables, Table 7.3, pp. 142-144; and the Legislative Information System (LIS).
Congressional Research Service
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Legislative Procedures for Adjusting the Public Debt Limit: A Brief Overview
Author Contact Information
Bill Heniff Jr.
Analyst on Congress and the Legislative Process
wheniff@crs.loc.gov, 7-8646
Acknowledgments
This report was originally written with Robert Keith, Specialist in American National Government. The
current author, however, assumes responsibility for its current content.
Congressional Research Service
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