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Emergency Spending: Statutory and Congressional Rules (CRS Report for Congress)

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Release Date Revised July 24, 2007
Report Number RS21035
Report Type Report
Authors James V. Saturno, Government and Finance Division
Source Agency Congressional Research Service
Older Revisions
  • Premium   Revised Dec. 11, 2006 (6 pages, $24.95) add
  • Premium   Revised July 17, 2003 (4 pages, $24.95) add
  • Premium   Oct. 3, 2001 (4 pages, $24.95) add
Summary:

The designation of spending as emergency has had significance in both proceduraland budgetary terms. The Budget Enforcement Act (BEA; 1990-2002) placed statutorylimits (caps) on the level of federal discretionary spending, enforced by across-the-boardspending cuts, known as a sequester. If, however, spending were designated asemergency by both the President and Congress, it would not trigger a sequester, becausethe caps would be adjusted automatically by an amount equal to the emergencyspending. Although the spending caps established under the BEA have expired,additional limitations adopted by the House and Senate in their respective rulesconcerning the use of emergency designations continue to be in force. In particular, thebudget resolution for FY2008 (S.Con.Res. 21, 110th Congress) provides a point of orderin the Senate against the use of emergency designations.