

Congressional Action on FY2014
Appropriations Measures
Jessica Tollestrup
Analyst on Congress and the Legislative Process
December 18, 2013
Congressional Research Service
7-5700
www.crs.gov
R43338
Congressional Action on FY2014 Appropriations Measures
Summary
The annual appropriations process currently anticipates that 12 regular appropriations bills will be
enacted prior to the beginning of the fiscal year (October 1) to provide discretionary spending for
federal government agencies. If all regular appropriations bills are not enacted by that time, one
or more continuing resolutions (CRs) may be enacted to provide interim or full-year funds until
regular appropriations are completed, or the fiscal year ends. Appropriations acts are subject to
budget enforcement mechanisms, both statutory as provided by the Budget Control Act of 2011
(BCA), as well as procedural as provided by the Congressional Budget Act of 1974. This report
provides background and analysis on congressional action relating to the FY2014 appropriations
process.
The FY2014 BCA discretionary spending limits are to be first enforced within 15 calendar days
after the congressional session adjourns sine die. Any necessary reductions to bring
appropriations into compliance with those limits would occur through sequestration. The House-
and Senate-adopted versions of the budget resolution differ as to total discretionary spending, as
well as how it should be distributed between defense and nondefense spending. On December 10,
2013, however, the chairs of the House and Senate Budget Committees announced an agreement
that would provide FY2014 and FY2015 discretionary spending levels (the Bipartisan Budget
Act; Division A, H.J.Res. 59). The House adopted the Bipartisan Budget Act on December 12,
and the Senate adopted it on December 18. The act will next be presented to the President for his
signature.
No regular appropriations have been enacted as of the date of this report. The House
Appropriations Committee has reported all but two regular appropriations bills, while the Senate
Appropriations Committee has reported all but one such bill. The House has considered five
regular appropriations bills on the floor and passed four of them. The Senate began floor
consideration of one regular appropriations bill, but did not complete it. Each chamber’s
appropriations bills reflect the differing assumptions on the levels of FY2014 discretionary
spending that are the House- and Senate-adopted versions of the budget resolution.
A broad CR to provide temporary funding for FY2013 projects and activities did not become law
until October 17, 2013 (The Continuing Appropriations Act, 2014; H.R. 2775; P.L. 113-46),
resulting in a funding gap for affected projects and activities from October 1 until that time. Prior
to the funding gap, a narrow CR was enacted providing funding for FY2014 pay and allowances
for (1) certain members of the Armed Forces, (2) certain Department of Defense (DOD) and
Department of Homeland Security (DHS) civilian personnel, and (3) other specified DOD and
DHS contractors (the Pay Our Military Act; H.R. 3210; P.L. 113-39, 113th Congress). After the
funding gap commenced, only narrow CRs to provide funds for specified projects and activities
received congressional consideration, of which one was enacted (the Department of Defense
Survivor Benefits Continuing Appropriations Resolution, 2014; H.J.Res. 91; P.L. 113-44). The
Continuing Appropriations Act, 2014, provides funds at an annualized rate of $986.3 billion
through January 15, 2014.
This report will be updated when further appropriations are enacted. For up-to-date information
on the status of appropriations measures, see the CRS FY2014 status table, available at
http://www.crs.gov/pages/AppropriationsStatusTable.aspx.
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Congressional Action on FY2014 Appropriations Measures
Contents
Introduction ...................................................................................................................................... 1
Discretionary Spending Budget Enforcement for FY2014 .............................................................. 3
Enforcement of the FY2014 Discretionary Spending Limits .................................................... 4
Enforcement of Discretionary Spending Associated with the Budget Resolution .................... 4
Regular Appropriations .................................................................................................................... 6
House Action ............................................................................................................................. 7
Committee ........................................................................................................................... 7
Floor .................................................................................................................................... 8
Status of Statutory Discretionary Budget Enforcement ...................................................... 9
Senate Action ........................................................................................................................... 10
Committee ......................................................................................................................... 10
Floor .................................................................................................................................. 11
Status of Statutory Discretionary Budget Enforcement .................................................... 12
Continuing Resolutions.................................................................................................................. 12
Action Before October 1 ......................................................................................................... 13
H.J.Res. 59 ........................................................................................................................ 13
H.R. 3210 (P.L. 113-39) .................................................................................................... 14
Action after October 1 ............................................................................................................. 15
Status of Statutory Discretionary Budget Enforcement .................................................... 16
Tables
Table 1. FY2014 Discretionary Spending Limits and Proposed Levels .......................................... 5
Table 2. FY2014 Regular Appropriations Bills: House Appropriations Committee Action ........... 8
Table 3. FY2014 Regular Appropriations Bills: House Initial Consideration ................................. 9
Table 4. FY2014 Regular Appropriations Bills: Senate Appropriations Committee Action ........ 11
Contacts
Author Contact Information........................................................................................................... 17
Congressional Research Service
Congressional Action on FY2014 Appropriations Measures
Introduction
Congress uses an annual appropriations1 process to provide discretionary spending for federal
government agencies.2 The responsibility for drafting legislation to provide for such spending is
currently divided among 12 appropriations subcommittees in each chamber, each of which is
tasked with reporting a regular appropriations bill to cover all programs under its jurisdiction.3
The timetable currently associated with this process requires the enactment of these regular
appropriations bills prior to the beginning of the fiscal year (October 1).4 If regular appropriations
are not enacted by that deadline, one or more continuing resolutions (CRs) may be enacted to
provide funds until all regular appropriations bills are completed, or the fiscal year ends.5
The timing and policy focus of the FY2014 appropriations process has been influenced by at least
two significant factors—the late resolution of FY2013 appropriations and disagreement regarding
the level of funding for FY2014 discretionary spending. First, annual appropriations actions for
FY2013 were not completed until March 26, 2013 (Consolidated and Further Continuing
Appropriations Act, 2013; P.L. 113-6), almost six months into the fiscal year. In addition, on
March 1, 2013, the President issued a sequestration order that reduced non-exempt FY2013
discretionary spending.6 The dollar amount of these reductions was applied to the amounts
subsequently appropriated for FY2013. Despite ongoing congressional concern related to these
reductions,7 efforts to broadly restructure or eliminate them were unsuccessful, and the lower
levels of funding that were available to agencies as a result of the sequester were in effect through
the end of the fiscal year.
1 An appropriation is a type of budget authority. Budget authority is authority provided by federal law to enter into
contracts or other financial obligations that will result in immediate or future expenditures (or outlays) involving
federal government funds. For a further explanation of these terms, see GAO, A Glossary of Terms Used in the Federal
Budget Process, GAO-05-734SP, September 2005, pp. 20-21, http://www.gao.gov/.
2 The congressional budget process distinguishes between discretionary spending, which is controlled through
appropriations acts, and direct (or mandatory) spending, which is controlled through permanent law. In FY2013,
discretionary spending comprised 35.1% of federal government spending (Congressional Budget Office [CBO],
Updated Budget Projections: Fiscal Years 2013 to 2023, Table 1, available at http://www.cbo.gov/publication/44172).
The annual appropriations process is also used to provide appropriations necessary to finance certain direct spending
programs that lack a funding source in the authorizing statute. Such “appropriated mandatory” or “appropriated
entitlement” spending is discussed in CRS Report RS20129, Entitlements and Appropriated Entitlements in the Federal
Budget Process, by Bill Heniff Jr.
3 During the fiscal year, supplemental appropriations may also be enacted to provide funds in addition to those in
regular appropriations acts or CRs.
4 These bills may be considered and enacted separately, or as part of a consolidated or “omnibus” appropriations
measure, where two or more of the regular bills are combined into one legislative vehicle. For further information, see
CRS Report RL32473, Omnibus Appropriations Acts: Overview of Recent Practices, by Jessica Tollestrup.
5 Continuing appropriations acts are often referred to as “continuing resolutions” because they usually provide
continuing appropriations in the form of a joint resolution rather than a bill. Continuing appropriations also are
occasionally provided through a bill.
6 The March 1 sequestration was required under §251A of the Balanced Budget and Emergency Deficit Control Act of
1985 (BBEDCA, Title II of P.L. 99-177, 2 U.S.C. 900-922)
7 For a further discussion with regard to the ongoing controversy within Congress and the executive branch that has
reportedly been generated by the amount of these reductions, see, for example, “Closing Books on 2013, Congress Will
Pivot to Rival 2014 Spending Bills,” CQ News, March 21, 2013; “Pentagon Brass Ratchets Up Warnings About
Sequester Impact,” CQ News, September 18, 2013.
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Second, in addition to the FY2013 factors discussed above, the FY2014 appropriations process
was affected by a lack of agreement between the House and Senate over future constraints on
discretionary spending as required by the Budget Control Act of 2011 (BCA). Unlike the
reductions that occurred in FY2013, the constraints on FY2014 discretionary spending are
implemented through statutory discretionary spending limits.8 Separate limits apply to defense
and nondefense spending. Under current law, the first enforcement of these limits will occur 15
days after Congress adjourns its session sine die. On December 10, 2013, the chairs of the House
and Senate Budget Committees announced an agreement as to the level of FY2014 and FY2015
discretionary spending (the Bipartisan Budget Act; Division A, H.J.Res. 59), that was adopted by
the House on December 12 and the Senate on December 18.9 The act will next be presented to the
President for his signature.
No regular appropriations bills for FY2014 have been enacted. Although the fiscal year began on
October 1, an interim CR to provide budget authority for the projects and activities covered by
those 12 bills was enacted on October 17, 2013 (Continuing Appropriations Act, 2014; P.L. 113-
46).10 As a consequence, a 16-day funding gap occurred between October 1 and October 16,
2013.11 In general, the funding provided by that CR will expire on January 15, 2014.
This report provides background and analysis with regard to the FY2014 appropriations process.
The first section discusses the status of discretionary budget enforcement for FY2014, including
the statutory spending limits and allocations under the congressional budget resolution. The
second section provides information on the consideration of regular appropriations measures and
an overview of their funding levels. Further information with regard to these appropriations bills
is provided in the various CRS reports that analyze and compare the components of the current
House and Senate proposals.12 The third section explains congressional action that has occurred
on CRs before and after October 1.
8 Section 251 of the BBEDCA, as amended by the Budget Control Act of 2011 (BCA, P.L. 112-25), established
statutory discretionary spending limits for each of the fiscal years between FY2012-FY2021. Procedures to further
lower these limits are in §251A of the BBEDCA.
9 The House adopted an amendment to the Senate amendment to H.J.Res. 59, which had previously provided a CR for
FY2014. Division A of that amendment contains the Bipartisan Budget Act of 2013.
10 Temporary funding was provided for FY2014 pay and allowances for (1) certain members of the Armed Forces, (2)
certain DOD and DHS civilian personnel, and (3) other specified DOD and DHS contractors, during any potential
funding gap that might ensue beginning on October 1 (the Pay our Military Act; H.R. 3210; P.L. 113-39, 113th
Congress). Consequently, these programs did not experience a funding gap. This is discussed further in the report
section entitled “Continuing Resolutions.”
11 A funding gap is the interval during the fiscal year when appropriations for a particular project or activity are not
enacted into law, either in the form of a regular appropriations act or a CR. For further information, see CRS Report
RS20348, Federal Funding Gaps: A Brief Overview, by Jessica Tollestrup.
12 These reports include CRS Report R43110, Agriculture and Related Agencies: FY2014 Appropriations, by Jim
Monke; CRS Report R43080, Commerce, Justice, Science, and Related Agencies: FY2014 Appropriations, coordinated
by Nathan James, Jennifer D. Williams, and John F. Sargent Jr.; CRS Report R43323, Defense: FY2014 Authorization
and Appropriations, coordinated by Pat Towell; CRS Report R43121, Energy and Water Development: FY2014
Appropriations, coordinated by Carl E. Behrens; CRS Report R43147, Department of Homeland Security: FY2014
Appropriations, coordinated by William L. Painter; CRS Report R43142, Interior, Environment, and Related Agencies:
FY2013 and FY2014 Appropriations, by Carol Hardy Vincent; CRS Report R43236, Labor, Health and Human
Services, and Education (L-HHS-ED): FY2014 Appropriations, coordinated by Karen E. Lynch; CRS Report R43151,
Legislative Branch: FY2014 Appropriations, by Ida A. Brudnick; CRS Report R43043, State, Foreign Operations, and
Related Programs: FY2014 Budget and Appropriations, by Susan B. Epstein, Alex Tiersky, and Marian L. Lawson;
CRS Report R43156, Transportation, Housing and Urban Development, and Related Agencies (THUD): FY2014
Appropriations, by Libby Perl, David Randall Peterman, and Maggie McCarty; CRS Report R43253, FY2014
(continued...)
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Discretionary Spending Budget Enforcement for
FY2014
The framework for budget enforcement of discretionary spending under the congressional budget
process has both statutory and procedural elements. The statutory elements of budget
enforcement are derived from the Budget Control Act of 2011 (BCA), which imposes separate
limits on “defense” and “nondefense” discretionary spending13 that apply to each of the fiscal
years between FY2012 and FY2021.14 Pursuant to procedures under the BCA, the initial limits
for FY2014 through FY2021 are to be lowered each fiscal year to achieve certain budgetary
savings.15 However, the Bipartisan Budget Act would amend the BCA to set the FY2014 and
FY2015 limits at specific levels.16 If discretionary spending is enacted in excess of these limits,
enforcement will occur through sequestration17 at specified times after appropriations measures
are enacted.
The procedural elements of budget enforcement generally stem from requirements under the
Congressional Budget Act of 1974 (CBA; P.L. 93-344; 88 Stat. 297; 2 USC 60-688).18 Through
this CBA process, the Appropriations Committees in each chamber receive a procedural limit on
the total amount of discretionary budget authority for the upcoming fiscal year, referred to as a
302(a) allocation.19 The Appropriations Committee subsequently divides this allocation amongst
the 12 subcommittees, referred to as a 302(b) suballocation.20 The 302(b) suballocation restricts
the amount of budget authority available to each subcommittee for the projects and activities
(...continued)
Appropriations: District of Columbia, by Eugene Boyd.
13 The defense category includes all discretionary spending under budget function 050 (defense). The nondefense
category includes discretionary spending in all other budget functions. For further information with regard to budget
functions, see CRS Report 98-280, Functional Categories of the Federal Budget, by Bill Heniff Jr..
14 These limits are found in the OMB, Sequestration Preview Report to the President and Congress for Fiscal Year
2014, corrected, May 20, 2013, p. 4, available at http://www.whitehouse.gov/sites/default/files/omb/assets/
legislative_reports/fy14_preview_and_joint_committee_reductions_reports_05202013.pdf [hereinafter, OMB Preview
Report]).
15 The lowering of the limits each fiscal year beginning in FY2014 was triggered when the BCA “joint committee”
process did not result in the enactment of legislation to achieve a targeted level of spending reductions. The procedures
through which these limits are reduced are in §251A of the BBEDCA. For a description of these procedures and how
they were carried out for the FY2014 reductions, see Office of Management and Budget (OMB), OMB Report to
Congress on the Joint Committee Reductions for Fiscal Year 2014, pp. 11-16, available at http://www.whitehouse.gov/
sites/default/files/omb/assets/legislative_reports/
fy14_preview_and_joint_committee_reductions_reports_05202013.pdf.
16 H.J.Res. 59, Division A, §101(a)(1) and (b).
17 Sequestration involves the automatic cancelation of budget authority through largely across-the-board reductions of
non-exempt programs and activities. Procedures for discretionary spending sequestration are provided by the
BBEDCA. For further information about the Budget Control Act, see CRS Report R41965, The Budget Control Act of
2011, by Bill Heniff Jr., Elizabeth Rybicki, and Shannon M. Mahan, pp. 13-14.
18 Procedural budget enforcement may also be established through other methods, such as through provisions in the
congressional budget resolution.
19 Congressional Budget Act, §302(a).
20 Ibid, §302(b).
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under its jurisdiction, and so effectively acts as caps on each of the 12 regular appropriations bills.
Enforcement of the 302(a) allocation and 302(b) suballocations occurs through points of order.21
Enforcement of the FY2014 Discretionary Spending Limits
The BCA requires that enacted discretionary spending for FY2014 that is subject to the defense
and nondefense limits not exceed certain levels,22 and provides for enforcement of the limits
through sequestration. The Office of Management and Budget (OMB) will evaluate enacted
FY2014 discretionary spending relative to the spending limits, and determine if sequestration is
necessary to enforce those limits, within 15 calendar days after the congressional session adjourns
sine die.23 Unless otherwise specified by law, the latest that this adjournment can occur is January
3, 2014.24 Therefore, under current law, the latest that any required sequestration would occur is
January 18, 2014.
As discussed above, the BCA specifies both the level of the spending limits and the process
through which they are to be reduced below their initial levels to achieve a certain amount of
savings each of the fiscal years between FY2014 and FY2021. The revised FY2014 limits were
$552 billion for defense spending and $506 billion for nondefense spending.25 Pursuant to the
BCA requirements, these limits were further revised to about $498.1 billion for defense spending
and about $469.4 billion for nondefense spending.26 The Bipartisan Budget Act would amend
these levels to $520.5 billion in defense spending, and $491.8 billion in nondefense spending, for
FY2014 (about $1.012 trillion total).27
Enforcement of Discretionary Spending Associated with the
Budget Resolution
Both the House and Senate completed initial floor consideration of the FY2014 budget resolution
during the month of March. The House Budget Committee reported H.Con.Res. 25 on March 15,
2013. The House began floor consideration of the resolution on March 19, and passed it on March
21, by a vote of 221-207. The Senate Budget Committee also reported its budget resolution
proposal, S.Con.Res. 8, on March 15. The Senate began floor consideration of the resolution on
21 Primarily, the Appropriations Committee allocations are enforced through points of order under the Congressional
Budget Act §302(f) and 311. Enforcement of the statutory spending caps may occur through points of order that are
raised during House or Senate floor consideration, under the Congressional Budget Act, §314(f) (in the House and
Senate) or 312(b) (in the Senate only). For further information with regard to points of order in the congressional
budget process, see CRS Report 97-865, Points of Order in the Congressional Budget Process, by James V. Saturno.
22 Any budget authority designated as for “Overseas Contingency Operations/Global War on Terrorism”
(OCO/GWOT), “continuing disability reviews and redeterminations,” “health care fraud abuse control,” and “disaster
relief,” is exempt from these limits under Section 251(b) of the BBEDCA. In addition, budget authority may also be
designated pursuant to this section as being for the purposes of “emergency requirements.”
23 BBEDCA, §251(a)(1).
24 For further information with regard to sine die adjournments of a congressional session, see CRS Report R42977,
Sessions, Adjournments, and Recesses of Congress, by Richard S. Beth and Jessica Tollestrup.
25 Prior to the American Taxpayer Relief Act (P.L. 112-240), these limits were each $4 billion higher.
26 The statutory spending limits for FY2014 are in §251(c)(3) of the BBEDCA. These limits were revised by the Office
of Management and Budget pursuant to §251A of the act. For further information, see OMB Preview Report, p. 11.
27 H.J.Res. 59, Division A, §101(a)(1).
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March 21, and passed it on March 23, by a vote of 50-49. As part of the negotiations surrounding
interim continuing appropriations for FY2014, the House and Senate agreed to a conference
committee on S.Con.Res. 8, on October 16. As of the date of this report, no agreement between
the conferees has been reached.
Both the House- and Senate-adopted budget resolutions assumed different levels of discretionary
spending than the further revised BCA limits.28 These assumptions are compared to the revised,
further revised, and amended BCA limits in Table 1. The House-adopted budget resolution
assumed FY2014 discretionary spending subject to the limits to be $552 billion for defense
spending and $414.4 billion for nondefense spending (about $966.4 billion total).29 While this
proposal maintained the same discretionary spending total that exists under the further revised
BCA limits, it increased defense discretionary spending to its revised BCA level and achieved the
offset necessary to keep total consistent with the further revised limits through reductions to
nondefense discretionary spending. The Senate-adopted budget resolution assumed the levels of
FY2014 discretionary spending to be the same as the revised limits—$552 billion for defense
spending and $506 billion for nondefense spending ($1.058 trillion total).30
Table 1. FY2014 Discretionary Spending Limits and Proposed Levels
Defense
Nondefense
Combined Amount
Discretionary
Discretionary
of Discretionary
Spending
Spending
Spending
Revised BCA Discretionary
$552,000,000,000 $506,000,000,000 $1,058,000,000,000
Spending Limits
Reduction to the BCA Limits
$53,918,000,000 $31,609,000,000 $90,527,000,000
Further Revised BCA Limits
$498,082,000,000
$469,391,000,000
$967,473,000,000
Amended BCA Limits
$520,464,000,000
$491,773,000,000
$1,012,237,000,000
House-passed Budget Resolution
$552,000,000,000
$414,375,000,000
$966,375,000,000
Senate-passed Budget Resolution
$552,000,000,000
$506,000,000,000
$1,058,000,000,000
Source: The statutory spending limits for FY2014 are in Section 251(c)(3) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (BBEDCA; Title II of P.L. 99-177, 2 U.S.C. 900-922). These limits were
revised by the Office of Management and Budget pursuant to Section 251A of the act. For further information,
see OMB, Sequestration Preview Report to the President and Congress for Fiscal Year 2014, corrected, May 20,
2013, p. 11, available at http://www.whitehouse.gov/sites/default/files/omb/assets/legislative_reports/
fy14_preview_and_joint_committee_reductions_reports_05202013.pdf [hereinafter, OMB Preview Report]).
The BCA limits would be amended by the Bipartisan Budget Act of 2013 (H.J.Res. 59, Division A, §101(a)(1)).
The House proposed levels of defense and nondefense discretionary spending are in H.Rept. 113-17, p. 13. The
Senate proposed levels of defense and nondefense discretionary spending are in Senate Committee Print 112-13,
p. 160, available at http://www.gpo.gov/fdsys/pkg/CPRT-113SPRT79796/pdf/CPRT-113SPRT79796.pdf.
To provide for procedural budget enforcement during the consideration of FY2014 appropriations
acts, the House Budget Committee report and Senate Budget Committee print accompanying
28 The House and Senate-adopted budget resolutions make assumptions about these levels that are explained in the
accompanying committee report (H.Rept. 113-17), in the case of the House, and the accompanying committee print
(S.Prnt. 113-12, available at http://www.gpo.gov/fdsys/pkg/CPRT-113SPRT79796/pdf/CPRT-113SPRT79796.pdf), in
the case of the Senate.
29 H.Rept. 113-17, p. 13.
30 S.Prnt. 113-12. p. 160.
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each chamber’s version of the budget resolution both contain a 302(a) allocation for the
Appropriations Committee. The House allocation was $966.4 billion for total FY2014
discretionary spending, consistent with the combined amounts of the existing FY2014 statutory
discretionary spending limits, and also with the levels of discretionary spending assumed in the
House budget resolution.31 On July 8, the House Budget Committee revised its 302(a) allocation
to about $966.9 billion.32 The Senate 302(a) allocation was also $966.4 billion,33 consistent with
the total of the existing FY2014 statutory discretionary spending limits, but less than the levels of
discretionary spending assumed in the Senate budget resolution.34 The Bipartisan Budget Act
would enable the House and Senate Budget Committee chairs to provide 302(a) allocations for
discretionary spending that comply with the amended limits for FY2014.35
Even without reaching agreement on a budget resolution, each chamber began to consider
appropriations bills prior to the beginning of FY2014. In the House, the chamber adopted H.Res.
243 to provide for enforcement of the 302(a) allocation associated with the House version of the
budget resolution (H.Con.Res. 25).36 Pursuant to this allocation, the House Appropriations
Committee reported its 302(b) suballocation on June 4, 2013.37 The distribution of defense and
nondefense spending was based upon the assumptions underlying the House-adopted budget
resolution, and not the further revised BCA limits. In the Senate, no action has occurred to
provide for an enforceable 302(a) allocation. The Senate Appropriations Committee has adopted
an FY2014 suballocation that serves as an internal guideline to the subcommittees.38 The total
amount of discretionary spending in this suballocation, as well as the distribution of defense and
nondefense spending, was based on the levels assumed in the Senate-adopted budget resolution.39
Regular Appropriations
The House and Senate currently provide annual appropriations in 12 regular appropriations bills.
These bills provide discretionary spending for the projects and activities of most federal
government agencies. While all of these bills may ultimately be considered and enacted
separately, it is also possible for two or more of them to be combined into an omnibus vehicle for
31 H.Rept. 113-17, p. 147.
32 House debate, Congressional Record, daily edition, vol. 159, part 96 (July 8, 2013), p. H4211. This revision was so
that the allocation and associated adjustments would be consistent with the corrected OMB Preview Report, which was
issued on May 20, 2013.
33 S.Prnt. 113-12, p. 166.
34 §312(b) of the Congressional Budget Act establishes a point of order against Senate consideration of any bill or
resolution that would exceed the statutory discretionary spending limits. As a consequence, the Senate 302(a) allocation
reflects the existing statutory limits and not the assumptions in the budget resolution.
35 H.J.Res. 59, Division A, §111.
36 The House Budget Committee revised this allocation to be consistent with the corrected OMB Preview Report.
37 H.Rept. 113-96. The House Appropriations Committee reported a revised allocation (H.Rept. 113-143) on July 8,
2013 to be consistent with the revised 302(a) allocation and adjustments issued by the House Budget Committee on that
same date.
38 The FY2014 Senate Appropriations Committee advisory suballocation is available at
http://www.appropriations.senate.gov/news.cfm?method=news.view&id=90d2c6ed-7044-462d-8066-d4cf2cce4e68.
39 The CBO provides analysis with regard to the status of discretionary spending for the House and Senate as compared
to the current 302(b) allocations in each chamber. Those “Status of Discretionary Appropriations” reports are available
at http://www.cbo.gov.
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consideration and enactment.40 Alternatively, if some of these bills are not enacted, funding for
the projects and activities therein may be provided through a full-year CR.41 The deadline for
enactment of all regular appropriations bills is October 1, the beginning of the fiscal year.
As of the date of this report, the House Appropriations Committee has reported 10 of the 12
regular appropriations bills, while the Senate Appropriations Committee has reported 11 of the 12
regular bills. The House has considered five regular appropriations bills on the floor and passed
four of them. The Senate began floor consideration of one regular appropriations bill, but did not
complete its consideration. No regular appropriations have been enacted. On August 20, 2013,
OMB projected that both the House and Senate regular appropriations bills would, in total,
exceed one or both of the existing BCA discretionary spending limits.
For up-to-date information on the status of regular appropriations measures, see the CRS FY2014
status table, available at http://www.crs.gov/pages/AppropriationsStatusTable.aspx.
House Action
Committee
The 12 regular appropriations bills, along with the associated date of subcommittee approval, date
reported to the House, and report number, are listed in Table 2. Subcommittee and full committee
action on approving and reporting regular appropriations bills occurred over about an 11-week
period. The first regular appropriations bill to be approved in subcommittee was the Military
Construction and Veterans Affairs and Related Agencies Appropriations bill (H.R. 2216), on May
15, 2013. That same bill was also the first regular appropriations bill to be reported to the House,
on May 28, 2013. In total, two regular appropriations bills were approved by their respective
subcommittees during the month of May, four in June, and five in July. Of these, two each were
reported by the House Appropriations Committee in May and June, and the remaining six were
reported in July. The final bill to be reported to the House was the Department of State, Foreign
Operations, and Related Programs Appropriations bill (H.R. 2855), on July 30, 2013.
40 For further information with regard to omnibus appropriations acts, CRS Report RL32473, Omnibus Appropriations
Acts: Overview of Recent Practices, by Jessica Tollestrup.
41 Full-year CRs provide budget authority through the end of the fiscal year. For background on full-year CRs, see CRS
Report R42647, Continuing Resolutions: Overview of Components and Recent Practices, by Jessica Tollestrup.
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Table 2. FY2014 Regular Appropriations Bills:
House Appropriations Committee Action
Regular Appropriations
Bill Titlea (Bill
Date of Subcommittee
Date Bill Reported to
Number)
Approval
the House
Report No.
MCVA (H.R. 2216)
5/15/2013
5/28/2013
H.Rept. 113-90
HS (H.R. 2217)
5/16/2013
5/29/2013
H.Rept. 113-91
DOD (H.R. 2397)
6/5/2013
6/17/2013
H.Rept. 113-113
AG (H.R. 2410)
6/5/2013
6/18/2013
H.Rept. 113-116
EW (H.R. 2609)
6/18/2013
7/2/2013
H.Rept. 113-135
THUD (H.R. 2610)
6/19/2013
7/2/2013
H.Rept. 113-136
LB (H.R. 2792)
7/9/2013
7/23/2013
H.Rept. 113-173
FS (H.R. 2786)
7/10/2013
7/23/2013
H.Rept. 113-172
CJS (H.R. 2787)
7/10/2013
7/23/2013
H.Rept. 113-171
SFO (H.R. 2855)
7/19/2013
7/30/2013
H.Rept. 113-185
INT (NA)
7/23/2013
—
—
LHHS (NA)
—
—
—
Source: CRS analysis of data available through the Legislative Information System (LIS; lis.gov) and the CRS
FY2014 Appropriations Status Table (http://www.crs.gov/pages/AppropriationsStatusTable.aspx).
a. AG=Agriculture, Rural Development, Food and Drug Administration, and Related Agencies;
CJS=Commerce, Justice, Science, and Related Agencies; DOD=Department of Defense; EW=Energy and
Water Development and Related Agencies; FSGG=Financial Services and General Government;
DHS=Department of Homeland Security; INT=Department of the Interior, Environment, and Related
Agencies; LHHS=Departments of Labor, Health and Human Services, and Education, and Related Agencies;
LB=Legislative Branch; MCVA=Military Construction and Veterans Affairs and Related Agencies;
SFO=Department of State, Foreign Operations, and Related Programs; THUD=Transportation, Housing
and Urban Development, and Related Agencies.
Two of the 12 regular appropriations bills have not been reported to the House. The first, the
Department of the Interior, Environment, and Related Agencies Appropriations bill, was approved
by the subcommittee on July 23, 2013, but consideration was not completed by the full
committee.42 The second, the Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations bill, was neither approved by the subcommittee nor
considered by the full committee.
Floor
The five regular appropriations bills to be considered on the House floor, along with the date
consideration was initiated, date consideration was concluded, and vote on final passage, are
listed in Table 3. Such consideration occurred over about an eight-week period. The first bill to
be considered on the House floor was the Military Construction and Veterans Affairs and Related
Agencies Appropriations bill (H.R. 2216). Consideration was initiated on June 4, 2013, and the
42 The House Appropriations Committee held a markup of the FY2014 Interior appropriations bill on July 31, 2013, but
did not complete consideration at that time.
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bill was passed the following day, by a vote of 421-4. Two bills were considered and passed
during the month of June, and two bills were considered and passed in July. The final bill to be
considered and passed, the Department of Defense Appropriations bill (H.R. 2397), was passed
on July 24, by a vote of 315-109. The House began initial consideration of the Transportation,
Housing and Urban Development, and Related Agencies Appropriations bill (H.R. 2610), on July
30. Although a number of amendments were considered on July 30, no vote on final passage
occurred at that time.43 In total, the House initially considered five regular appropriations bills
during eight days of session.
Table 3. FY2014 Regular Appropriations Bills: House Initial Consideration
Regular Appropriations
Bill Titlea (Bill
Date Consideration
Date Consideration
Number)
Initiatedb
Concluded
Vote on Final Passage
MCVA (H.R. 2216)
6/4/2013
6/4/2013
421-4
HS (H.R. 2217)
6/5/2013
6/6/2013
245-182
EW (H.R. 2609)
7/9/2013
7/10/2013
227-198
DOD (H.R. 2397)
7/23/2013
7/24/2013
315-109
THUD (H.R. 2610)
7/30/2013
—
—
Source: CRS analysis of data available through LIS (lis.gov).
a. AG=Agriculture, Rural Development, Food and Drug Administration, and Related Agencies;
CJS=Commerce, Justice, Science, and Related Agencies; DOD=Department of Defense; EW=Energy and
Water Development and Related Agencies; FSGG=Financial Services and General Government;
DHS=Department of Homeland Security; INT=Department of the Interior, Environment, and Related
Agencies; LHHS=Departments of Labor, Health and Human Services, and Education, and Related Agencies;
LB=Legislative Branch; MCVA=Military Construction and Veterans Affairs and Related Agencies;
SFO=Department of State, Foreign Operations, and Related Programs; THUD=Transportation, Housing
and Urban Development, and Related Agencies.
b. In each instance, consideration was initiated after the adoption of a special rule providing for the terms of
debate and amendment. In all but one instance, consideration was initiated by an open special rule. In the
remaining instance (DOD; H.R. 2397), consideration was initiated by a structured special rule. For further
information on the initial consideration of these appropriations bills on the House floor, see CRS Report
R42933, Regular Appropriations Bills: Terms of Initial Consideration and Amendment in the House, FY1996-FY2013,
by Jessica Tol estrup.
Status of Statutory Discretionary Budget Enforcement
OMB projected the budgetary levels of the House regular appropriations bills on August 20,
2013.44 Defense discretionary spending subject to the BCA limits was projected to be about
43 Some observers claimed that floor consideration of the THUD appropriations bill was terminated prior to a vote on
final passage due to a lack of agreement on nondefense funding levels, while others asserted that the bill was pulled for
timing reasons associated with the pre-August recess floor agenda (see “THUD Bill is Pulled as GOP Budget Frays,”
Politico, July 31, 2013; “Boehner Says Transportation Funding Bill Had Votes to Pass, Defends House’s Record,” CQ
News, August 1, 2013; “Appropriations Setbacks Prompt Calls for New Budget Deal,” CQ News, August 1, 2013;
“Transportation-HUD Bills Stall,” CQ Weekly, August 5, 2013, p. 1382).
44 These calculations were based upon the most recent appropriations action that had occurred in the House as of the
date of that report—the 302(b) allocation, subcommittee-reported bill, the committee-reported bill, or House-passed
bill. OMB Sequestration Update Report to the President and Congress for FY2014, August 20, 2013, p. 16, available at
http://www.whitehouse.gov/sites/default/files/omb/assets/legislative_reports/sequestration/
(continued...)
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$545.9 billion, which was about $47.9 billion in excess of the defense limit at that time. When
defense spending designated under Section 251(b) of the BBEDCA for OCO/GWOT was
accounted for, the total amount of nondefense discretionary spending was projected to be about
$625.4 billion. Nondefense discretionary spending subject to the BCA limits was projected to be
about $420.6 billion, however, which was about $48.8 billion below the nondefense limit at that
time. When nondefense designated as for OCO/GWOT, continuing disability reviews and
redeterminations, health care fraud abuse control, or disaster relief was accounted for, the total
amount of nondefense discretionary spending was projected to be about $431.5 billion.
Senate Action
Committee
The 12 regular appropriations bills, along with the associated date of subcommittee approval, date
reported to the Senate, and report number, are listed in Table 4. Subcommittee and full committee
action on approving and reporting regular appropriations occurred over about a seven week
period. The first regular appropriations bill to be approved by a subcommittee was Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies Appropriations bill (S.
1244), on June 18, 2013. On June 27, the first four bills were all reported to the Senate—
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies
Appropriations bill (S. 1244), the Military Construction and Veterans Affairs and Related
Agencies Appropriations bill (H.R. 2216), Transportation, Housing and Urban Development, and
Related Agencies Appropriations bill (S. 1243), and the Energy and Water Development and
Related Agencies Appropriations bill (S. 1245). In total, four regular appropriations bills were
approved by their respective subcommittees during the month of June, and the remaining six in
the month of July; four regular appropriations bills were reported to the Senate during the month
of June, six in July, and one in August. The final bill to be approved in subcommittee and reported
to the Senate was the Department of Defense Appropriations bill (S. 1429), on August 1, 2013.
One of the 12 regular appropriations bills was not reported to the Senate. The Department of the
Interior, Environment, and Related Agencies Appropriations bill, was neither approved by the
subcommittee, nor considered by the full committee.
(...continued)
sequestration_update_august2013.pdf.
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Table 4. FY2014 Regular Appropriations Bills:
Senate Appropriations Committee Action
Regular Appropriations
Bill Titlea (Bill
Date of Subcommittee
Date Bill Reported to
Number)
Approval
the Senate
Report No.
AG (S. 1244)
6/18/2013
6/27/2013
S.Rept. 113-46
MCVA (H.R. 2216)
6/18/2013
6/27/2013
S.Rept. 113-48
THUD (S. 1243)
6/25/2013
6/27/2013
S.Rept. 113-45
EW (S. 1245)
6/25/2013
6/27/2013
S.Rept. 113-47
LHHS (S. 1284)
7/9/2013
7/11/2013
S.Rept. 113-70
LB (S. 1243)
—b 7/11/2013
S.Rept.
113-71
HS (H.R. 2217)
7/16/2013
7/18/2013
S.Rept. 113-77
CJS (S. 1329)
7/16/2013
7/18/2013
S.Rept. 113-78
FS (S. 1371)
7/23/2013
7/25/2013
S.Rept. 113-80
SFO (S. 1372)
7/23/2013
7/25/2013
S.Rept. 113-81
DOD (S. 1429)
7/30/2013
8/1/2013
S.Rept. 113-85
INT (NA)
—
—
—
Source: CRS analysis of data available through LIS (lis.gov) and the CRS FY2014 Appropriations Status Table
(http://www.crs.gov/pages/AppropriationsStatusTable.aspx).
a. AG=Agriculture, Rural Development, Food and Drug Administration, and Related Agencies;
CJS=Commerce, Justice, Science, and Related Agencies; DOD=Department of Defense; EW=Energy and
Water Development and Related Agencies; FSGG=Financial Services and General Government;
DHS=Department of Homeland Security; INT=Department of the Interior, Environment, and Related
Agencies; LHHS=Departments of Labor, Health and Human Services, and Education, and Related Agencies;
LB=Legislative Branch; MCVA=Military Construction and Veterans Affairs and Related Agencies;
SFO=Department of State, Foreign Operations, and Related Programs; THUD=Transportation, Housing
and Urban Development, and Related Agencies.
b. In recent years, the markup of the Legislative Branch Appropriations bill has typically occurred at the full
committee level. For further information, see CRS Report R43151, Legislative Branch: FY2014 Appropriations,
by Ida A. Brudnick.
Floor
The only regular appropriations bill to receive floor consideration in the Senate was the
Transportation, Housing and Urban Development, and Related Agencies Appropriations bill (S.
1243). On July 18, 2013, the motion to proceed was made in the Senate, and cloture was filed on
that motion. Cloture was invoked on the motion to proceed on July 23, by a vote of 73-26, and the
motion to proceed was agreed to by a voice vote on that same day. Between July 23 and August 1,
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the Senate considered the bill, disposing of a number of amendments thereto.45 The Senate
attempted to close debate by invoking cloture, but was unsuccessful.46
Status of Statutory Discretionary Budget Enforcement
OMB projected the budgetary levels of the Senate regular appropriations bills on August 20,
2013.47 Defense discretionary spending subject to the BCA limits was projected to be about
$552.2 billion, which is about $54.1 billion in excess of the defense limit. When defense spending
designated under Section 251(b) of the BBEDCA for OCO/GWOT was accounted for, the total
amount of defense discretionary spending was projected to be about $631.6 billion. Similarly,
nondefense discretionary spending subject to the BCA limits was projected to be about $503.7
billion, which was about $34.3 billion in excess of the nondefense limit. When nondefense
spending designated as for OCO/GWOT, continuing disability reviews and redeterminations,
health care fraud abuse control, or disaster relief was accounted for, the total amount of
nondefense discretionary spending was projected to be about $514.5 billion.
Continuing Resolutions
Because neither regular appropriations nor a broad continuing resolution (CR) to provide
temporary funding for the previous fiscal year’s projects and activities was law on October 1, a
funding gap commenced on that date for affected projects and activities.48 One day before that
funding gap, a narrow CR was enacted that funded FY2014 pay and allowances for (1) certain
members of the Armed Forces, (2) certain DOD and DHS civilian personnel, and (3) other
specified DOD and DHS contractors (the Pay Our Military Act; H.R. 3210; P.L. 113-39, 113th
45 For proceedings on S. 1243 during this period, see Senate debate, Congressional Record, daily edition, vol. 159, no.
106 (July 23, 2013), pp. S5818-S5828; no. 107 (July 24, 2013), pp. S5856-S5863; no. 108 (July 25, 2013), pp. S5937-
S5945; no. 110 (July 29, 2013), pp. S5996-S5997; no. 111 (July 30, 2013), pp. S6051-S6052; no. 112 (July 31, 2013),
pp. S6088-S6098; no. 113 (August 1, 2013), pp. S6154-S6155.
46 Cloture was filed on the bill on July 30, and the vote on the motion occurred on August 1. Cloture was not invoked,
by a vote of 54-43, and no further proceedings occurred at that time. Reportedly, the issues associated with cloture in
the Senate were tied to a dispute over the discretionary spending targets that were being assumed by the Senate
Appropriations Committee (see “Senate Faces Test on Transportation-HUD Bill After House Effort Derails,” CQ
News, July 31, 2013; “Transportation-HUD Spending Bill Snags on Procedural Vote,” CQ News, August 1, 2013;
“Appropriations Setbacks Prompt Calls for New Budget Deal,” CQ News, August 1, 2013; “Senate GOP Stymies
Transportation-Housing Bill,” Politico, August 1, 2013; “Transportation-HUD Bills Stall,” CQ Weekly, August 5,
2013, p. 1382).
47 These calculations were based upon the most recent appropriations action that had occurred in the Senate as of the
date of that report—the subcommittee draft or the committee-reported bill. OMB Sequestration Update Report to the
President and Congress for FY2014, August 20, 2013, p. 16, available at http://www.whitehouse.gov/sites/default/files/
omb/assets/legislative_reports/sequestration/sequestration_update_august2013.pdf.
48 A funding gap is the interval during the fiscal year when appropriations for a particular project or activity are not
enacted into law, either in the form of a regular appropriations act or a CR. Although funding gaps may occur at the
start of the fiscal year, they also may occur any time a CR expires, and another CR (or the relevant regular
appropriations bill) is not enacted immediately thereafter. Under current practice, when a funding gap occurs, agencies
are generally required to begin a shutdown of the affected projects and activities, which includes the prompt furlough of
non-excepted personnel. Although a shutdown may be the result of a funding gap, the two events should be
distinguished because a funding gap may result in a shutdown of all affected projects or activities in some instances,
but not in others. For further information with regard to funding gaps, see CRS Report RS20348, Federal Funding
Gaps: A Brief Overview, by Jessica Tollestrup. For further information with regard to shutdowns, see CRS Report
RL34680, Shutdown of the Federal Government: Causes, Processes, and Effects, coordinated by Clinton T. Brass.
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Congress). During the funding gap, consideration of appropriations was limited to a number of
narrow CRs to provide funds for specified projects and activities, of which only one was enacted
(the Department of Defense Survivor Benefits Continuing Appropriations Resolution, 2014;
H.J.Res. 91; P.L. 113-44). The funding gap terminated with the enactment of a broad CR covering
FY2013 projects and activities at an annualized rate of $986.3 billion (The Continuing
Appropriations Act, 2014; H.R. 2775; P.L. 113-46). This CR expires on January 15, 2014.
Action Before October 1
H.J.Res. 59
Prior to the beginning of the fiscal year, congressional action with regard to continuing
appropriations was primarily focused on the Continuing Appropriations Resolution, 2014
(H.J.Res. 59), which was introduced on September 10, 2013. As introduced, this measure would
have provided appropriations to broadly cover the previous fiscal year’s projects and activities
through December 15, 2013. At that time, the Congressional Budget Office (CBO) projected the
annualized level of total regular appropriations that would be provided under this proposal to be
$986.3 billion.49
The House considered H.J.Res. 59 on September 20, 2013. Such consideration occurred under the
terms of a special rule (H.Res. 352)50 that provided for the automatic adoption of an amendment
containing provisions to prohibit the use of any federal funds to carry out the Patient Protection
and Affordable Care Act (ACA).51 After adopting the special rule, the House considered and
passed H.J.Res. 59, by a vote of 230-189.
Senate floor consideration of H.J.Res. 59 occurred between September 23 and September 27.
Cloture on the motion to proceed was filed in the Senate on September 23, and invoked on
September 25, by a vote of 100-0. The motion to proceed was subsequently agreed to by a voice
vote. Cloture was filed on the bill that same day, and invoked on September 27, by a vote of 79-
19. Prior to final action on the bill, the Senate adopted an amendment to H.J.Res. 59, which
proposed that a number of changes be made to the bill, including moving up the expiration date
for the funding to November 15, 2013, and removed the House ACA provisions.52 The Senate
passed H.J.Res. 59, by a vote of 54-44.
49 This total does not include spending that is exempt from the statutory discretionary limits, such as for overseas
contingency operations, disaster funding, or program integrity initiatives. This CBO cost estimate is available at
http://www.cbo.gov/sites/default/files/cbofiles/attachments/hjres59amendment.pdf.
50 A special rule is a simple resolution reported by the House Rules Committee that sets the procedural terms for
considering a measure.
51 P.L. 111-148, 124 Stat. 119. For an overview of the provisions in ACA, see CRS Report R41664, ACA: A Brief
Overview of the Law, Implementation, and Legal Challenges, coordinated by C. Stephen Redhead. For an analysis of
issues associated with the ACA, and repealing or defunding it in an appropriations act, see CRS Report R43246,
Affordable Care Act (ACA) and the Appropriations Process: FAQs Regarding Potential Legislative Changes and
Effects of a Government Shutdown, coordinated by C. Stephen Redhead.
52 The amendment, S.Amdt. 1974, was agreed to in the Senate, by a vote of 54-44 The Senate also agreed to waive all
applicable budget points of order with respect to the measure and S.Amdt. 1974, by a vote of 69-30.
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Congressional action on resolving House and Senate differences with regard to H.J.Res. 59
occurred between September 28 and October 1.53 On September 29, the House voted to concur
with the Senate amendment with two additional House amendments. Both of these amendments
related to the ACA, and the motions with regard to each House amendment were agreed to by
votes of 248-174 and 231-192, respectively.54 The morning of September 30, the Senate voted to
table55 both House amendments (returning H.J.Res. 59 and all amendments thereto to the House),
by a vote of 54-46. That afternoon, in response to the Senate action, the House voted to recede in
its amendments to the Senate amendment (which had been tabled by the Senate) and instead
concurred with the Senate amendment with a further amendment relating to ACA.56 The motion
to recede and concur with an amendment was agreed to by a vote of 228-201. Early in the
evening, the Senate voted to table this new House amendment, by a vote of 54-46. In response,
the morning of October 1, the House insisted on its amendment and requested a conference with
the Senate.57 Later that morning, the Senate tabled the House request, by a vote of 54-46.58
H.R. 3210 (P.L. 113-39)
The other CR to receive congressional consideration prior to the beginning of the fiscal year was
the Pay our Military Act (H.R. 3210), which was introduced on September 28, 2013. In the weeks
before the beginning of the fiscal year, many observers expressed concern related to the effect
that a potential funding gap and government shutdown would have on the military and certain
associated civilian federal workers and contractors.59 The Pay Our Military Act was intended to
address these issues, by providing appropriations to cover FY2014 pay and allowances for (1)
certain members of the Armed Forces, (2) certain DOD and DHS civilian personnel, and (3) other
specified DOD and DHS contractors, in the event that a funding gap were to transpire. The House
began floor consideration of H.R. 3210 on the same day that it was introduced, and passed it early
in the morning of September 29, by a vote of 423-0.60 The Senate considered the measure on
September 30, and passed it without amendment by unanimous consent. The measure was signed
into law by the President that same day (P.L. 113-39).
53 For an overview of procedural options to resolve differences, including amendment exchanges and conference
proceedings, see CRS Report 98-696, Resolving Legislative Differences in Congress: Conference Committees and
Amendments Between the Houses, by Elizabeth Rybicki.
54 The first amendment would have repealed the medical device tax; the second amendment would have delayed
implementation of certain requirements under the ACA.
55 In the Senate, the motion to table is a non-debatable motion that, if agreed to, effectively rejects the pending
question. For further information on motions to table see Floyd M. Riddick and Alan S. Frumin, Riddick’s Senate
Procedure: Precedents and Practices, 101st Cong., 2nd sess., S. Doc. 101-28 (Washington: GPO, 1992), pp. 1273-1289.
56 The amendment would have delayed the individual mandate and required certain federal government officials to
purchase health insurance through the ACA health care exchanges.
57 This was accomplished through the adoption of H.Res. 368.
58 The Senate amendment to H.J.Res. 59 was amended by the House, in part, with the text of the Bipartisan Budget Act
of 2013 (Division A), on December 12, 2013.
59 See, for example, Niels Lesniewski, “Senators Float Proposal to Exempt Military from Shutdown,” CQ News,
September 24, 2013.
60 Floor consideration was provided for through the adoption of a special rule, H.Res. 366.
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Action after October 1
The FY2014 funding gap occurred over the first 16 days of FY2014—October 1-16, 2013.
During this period, the House considered and passed a total of 15 narrow CRs to fund particular
projects and activities through December 15, 2013.61 CBO projected that the total amount of
annualized regular appropriations subject to the discretionary spending limits that would have
been provided by 13 of the 15 of these CRs62 was $108.306 billion, which is about 11% of the
FY2014 statutory discretionary spending limits ($967.473 billion).63 The highest projected budget
authority was for the National Institutes of Health Continuing Appropriations Resolution
(H.J.Res. 73)—$29.173 billion total. The lowest projected budget authority was for the
Department of Defense Survivor Benefits Continuing Appropriations Resolution (H.J.Res. 91)—
$116 million total. All of these narrow CRs were considered on the House floor either under
suspension of the rules,64 or pursuant to a special rule.65 With one exception (H.J.Res. 91), none
of these measures were considered on the Senate floor.66
61 These narrow CRs were as follows: National Park Service Operations, Smithsonian Institution, National Gallery of
Art, and United States Holocaust Memorial Museum Continuing Appropriations Resolution, 2014 (H.J.Res. 70),
District of Columbia Continuing Appropriations Resolution, 2014 (H.J.Res. 71), Veterans Benefits Continuing
Appropriations Resolution, 2014 (H.J.Res. 72), National Institutes of Health Continuing Appropriations Resolution,
2014 (H.J.Res. 73), Pay our Guard and Reserve Act (H.R. 3230), Special Supplemental Nutrition Program for Women,
Infants, and Children Continuing Appropriations Resolution (H.J.Res. 75), National Nuclear Security Administration
Continuing Appropriations Resolution, 2014 (H.J.Res. 76), Food and Drug Administration Continuing Appropriations
Resolution, 2014 (H.J.Res. 77), Border Security and Enforcement Continuing Appropriations Resolution, 2014
(H.J.Res. 79), Bureau of Indian Affairs, Bureau of Indian Education, and Indian Health Service Continuing
Appropriations Resolution (H.J.Res. 80), Head Start Continuing Appropriations Resolution, 2014 (H.J.Res. 84),
Federal Emergency Management Agency Continuing Appropriations Resolution, 2014 (H.J.Res. 85), Making
appropriations for the salaries and related expenses of certain Federal employees during a lapse in funding authority for
fiscal year 2014, to establish a bicameral working group on deficit reduction and economic growth, and for other
purposes (H.J.Res. 89), Making continuing appropriations for the Federal Aviation Administration for fiscal year 2014,
and for other purposes (H.J.Res. 90), and the Department of Defense Survivor Benefits Continuing Appropriations
Resolution, 2014 (H.J.Res. 91).
62 For H.J.Res. 71, which provided the District of Columbia with the authority to expend local funds, CBO anticipated
that it would have no federal budgetary effect (CBO correspondence with the author, October 1, 2013). No cost
estimate was issued for H.J.Res. 89, which provided appropriations to pay the salaries and related expenses of certain
federal employees that had been excepted from furlough and worked during a lapse in appropriations.
63 These CBO cost estimates are available at http://www.cbo.gov/topics/budget/appropriations.
64 Suspension of the rules is a procedure used by the House that provides for consideration of a measure by limiting
floor debate, prohibiting floor amendments, and requiring a two-thirds vote for final passage. H.J.Res. 71, H.J.Res. 72,
H.J.Res. 73, and H.J.Res. 91, were all considered through motions to suspend the rules. Only in the case of H.J.Res. 91,
was that motion agreed to. For further information with regard to motions to suspend the rules, see CRS Report 98-314,
Suspension of the Rules in the House: Principal Features, by Elizabeth Rybicki.
65 These special rules were H.Res. 370 (providing for consideration of H.J.Res. 71, H.J.Res. 72, H.J.Res. 73, and H.R.
3020); H.Res. 371 (providing for consideration of H.J.Res. 75, H.J.Res. 76, H.J.Res. 77, H.J.Res. 78, H.J.Res. 79,
H.J.Res. 80, H.J.Res. 82, H.J.Res. 83, H.J.Res. 84, and H.J.Res. 85); and H.Res. 373 (providing for consideration of
H.J.Res. 89 and H.J.Res. 90).
66 Reportedly, the position of the majority in the Senate was to reopen the government entirely, as opposed to in stages.
Some observers contrasted this approach to what occurred during the second FY1996 funding gap (December 16,
1995-January 5, 1996), when a narrow CR was enacted one week into the funding gap to provide appropriations for
certain children and families programs, the District of Columbia, and for certain payments made by the Department of
Veteran’s Affairs (H.J.Res. 136, 104th Cong.). See, for example, “House Attempt to Selectively Open Some Agencies
Falls Short,” CQ News, October 1, 2013; “House to Debate Targeted CRs to Open Some Agencies as Obama, Leaders
to Talk,” CQ News, October 2, 2013; “House Sets Aside New Appropriations, Uses 2013 Plans in Targeted Spending
Bills,” CQ News, October 4, 2013; “Different Era: Piecemeal Bill Stumble,” Politico, October 2, 2013.
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The one narrow CR to be enacted during the FY2014 funding gap was the Department of Defense
Survivor Benefits Continuing Appropriations Resolution (H.J.Res. 91). This CR was introduced
on October 8, 2013, in response to a dispute as to whether the Pay our Military Act (P.L. 113-39)
included an appropriation for death gratuities.67 The following day, the House suspended the rules
and passed H.J.Res. 91, by a vote of 435-0. On October 10, the Senate passed the measure by
unanimous consent, and it was signed into law by the President that evening (P.L. 113-44).
According to CBO, the total amount of annualized budget authority for regular appropriations in
this CR was $116 million. When spending was included in the calculation that was designated
under Section 251(b) of the BBEDCA for OCO/GWOT, the total CBO estimate of the amount of
annualized budget authority in the CR was $150 million.68
Congressional negotiations to terminate the funding gap ultimately resulted in action on H.R.
2775, which had previously passed the House on September 12, 2013.69 On October 16, by
unanimous consent, the measure was laid before the Senate and a substitute amendment, which
contained the text of a broad CR in Division A, was agreed to.70 Cloture on the measure was
subsequently invoked, by a vote of 83-16, and the bill was passed with the Senate amendment, by
a vote of 81-18. That same day, the House concurred in the Senate amendment to H.R. 2775, by a
vote of 227-186.71 The bill was signed into law by the President early in the morning of October
17, 2013 (Continuing Appropriations Act, 2014; P.L. 113-46). The expiration date of this CR is
January 15, 2014.
Status of Statutory Discretionary Budget Enforcement
According to CBO, the total amount of annualized budget authority for regular appropriations in
the Continuing Appropriations Act, 2014, that is subject to the BCA limits (including projects and
activities funded at the rate for operations and anomalies) is $986.3 billion.72 When spending
designated under Section 251(b) of the BBEDCA for OCO/GWOT, continuing disability reviews
and redeterminations, health care fraud abuse control, or disaster relief is included, the total
amount of annualized budget authority in the CR is $1.088 trillion.73
67 Certain Members of Congress reportedly believed that P.L. 113-39 provided appropriations necessary to pay these
death gratuities, while the interpretation by the executive branch was appropriations for such purposes were not
provided (see, for example, “House GOP Blasts Pentagon for Narrow Interpretation of Pay Law,” CQ News, October
10, 2013; “President Signs Military Death Benefit Measure,” CQ News, October 10, 2013).
68 CBO, “Department of Defense Survivor Benefits Continuing Appropriations Resolution, 2014, H.J.Res. 91, as
Cleared by the Congress on October 10, 2013,” October 10, 2013, available at http://www.cbo.gov/sites/default/files/
cbofiles/attachments/hjres91.pdf.
69 As passed the House, the purpose of this bill was to require that the Secretary of Health and Human Services certify
that certain income verification measures are in effect prior to making specified benefits under ACA available. This
version did not contain any appropriations.
70 Division B of the Senate amendment contained language relating to income verification for the provision of certain
ACA subsidies, and suspending the debt limit through February 8, 2014. For further information with regard to the debt
limit suspension, see CRS Report 98-453, Debt-Limit Legislation in the Congressional Budget Process, by Bill Heniff
Jr.
71 The terms of House consideration of the motion to concur was provided through a unanimous consent agreement.
House debate, Congressional Record, daily edition, vol. 159, part 147 (October 16, 2013), p. H6616.
72 CBO, “CBO Estimate of the Continuing Appropriations Act, 2014, as Introduced in the Senate on October16, 2013,
as an Amendment to H.R. 2775, Discretionary spending (in millions of dollars)” October 16, 2013, at
http://www.cbo.gov/sites/default/files/cbofiles/attachments/ContinuingAppropriationsAct2014.pdf.
73 Ibid.
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Congressional Action on FY2014 Appropriations Measures
At about the time that the FY2014 CR was enacted, CBO projected that the annualized level of
FY2014 discretionary spending under the CR would have caused spending to exceed one of the
two BCA discretionary spending limits. While nondefense spending in the CR was projected by
CBO to total $468.3 billion, which is about $1 billion below the nondefense limit, defense
spending was projected to total $518 billion, which is about $20 billion above the defense limit.74
However, the Bipartisan Budget Act would amend the BCA limits so that defense spending in the
CR would be about $2.5 billion below the defense limit, and $23.5 billion below the nondefense
limit.75
Author Contact Information
Jessica Tollestrup
Analyst on Congress and the Legislative Process
jtollestrup@crs.loc.gov, 7-0941
74 CBO, “CBO Estimate of the Continuing Appropriations Act, 2014, as Introduced in the Senate on October 16, 2013,
as an Amendment to H.R. 2775, Excludes Amounts Designated as Overseas Contingency Operations, Disaster,
Program Integrity, and Emergency Discretionary spending (in millions of dollars),” correspondence from CBO,
October 16, 2013.
75 H.J.Res. 59, Division A, §101(a)(1).
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