Congressional Action on FY2014 Appropriations Measures
Released: 2014-08-06T00:00:00

Introduction

Congress uses an annual appropriations process to provide discretionary spending for federal government agencies. 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. 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). 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. During the fiscal year, supplemental appropriations may also be enacted to provide funds in addition to those in regular appropriations acts or CRs. Amounts provided in appropriations acts are subject to limits, both procedural and statutory, which are enforced through respective mechanisms such as points of order and sequestration.

The timing and policy focus of the FY2014 appropriations process was 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. The dollar amount of these reductions was applied to the amounts subsequently appropriated for FY2013. Despite ongoing congressional concern related to these reductions, 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.

Second, in addition to the issues related to FY2013 spending, 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. Separate limits apply to defense and nondefense spending. The first enforcement of these limits was to occur 15 days after Congress adjourned its session 2013 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 ), which was enacted into law on December 26, 2013 ( P.L. 113-67 ).

No regular appropriations bills for FY2014 were enacted prior to the beginning of the fiscal year (October 1, 2013), and an interim CR to provide budget authority for the projects and activities covered by those 12 bills did not become law until October 17, 2013 (Continuing Appropriations Act, 2014; P.L. 113-46 ). As a consequence, a 16-day funding gap occurred between October 1 and October 16, 2013. Regular appropriations were ultimately enacted through an omnibus measure, which contained the texts of all 12 regular appropriations bills for FY2014 (the Consolidated Appropriations Act, 2014; H.R. 3547 , P.L. 113-76 ). Congressional consideration of three supplemental appropriations measures occurred late in the fiscal year ( H.R. 5230 , S. 2648 , and H.J.Res. 76 ). Of these measures, Congress has completed action only on H.J.Res. 76 , a measure that provides additional appropriations for military cooperation with the government of Israel related to the Iron Dome program.

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 and enactment of regular appropriations and an overview of aggregate discretionary spending. Further information with regard to these appropriations acts is provided in the various CRS reports that analyze and compare the components of the current House and Senate proposals. The third section explains congressional action that has occurred on CRs before and after October 1, and the fourth section discusses action on supplemental appropriations measures.

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 spending that apply to each of the fiscal years between FY2012 and FY2021. 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. However, the Bipartisan Budget Act amended the BCA to set the FY2014 and FY2015 limits at specific levels. If discretionary spending is enacted in excess of these limits, enforcement will occur through sequestration 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). Through this CBA process, the Appropriations Committee in each chamber receives a procedural limit on the total amount of discretionary budget authority for the upcoming fiscal year, referred to as a 302(a) allocation. The Appropriations Committee subsequently divides this allocation amongst the 12 subcommittees, referred to as a 302(b) suballocation. The 302(b) suballocation restricts the amount of budget authority available to each subcommittee for the projects and activities under its jurisdiction, and so effectively acts as a cap on each of the 12 regular appropriations bills. Enforcement of the 302(a) allocation and 302(b) suballocations occur through points of order.

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, and provides for enforcement of the limits through sequestration. The Office of Management and Budget (OMB) evaluates 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 2013 congressional session adjourns sine die . For any discretionary spending that becomes law after the session ends, evaluation and any enforcement of the limits occurs 15 days after enactment.

As discussed above, the BCA specifies both the level of the spending limits and a 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. 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. The Bipartisan Budget Act amended these FY2014 levels to $520.5 billion in defense spending, and $491.8 billion in nondefense spending (about $1.012 trillion total).

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 2013. 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 adopted 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 March 21, and adopted 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 levels of discretionary spending different from the further revised BCA limits. 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). 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).

To provide for procedural budget enforcement during the consideration of FY2014 appropriations acts, the House Budget Committee report and Senate Budget Committee print accompanying each chamber's version of the budget resolution contains 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. On July 8, the House Budget Committee revised its 302(a) allocation to about $966.9 billion. The Senate 302(a) allocation was also $966.4 billion, 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.

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 ). Pursuant to this allocation, the House Appropriations Committee reported its 302(b) suballocation on June 4, 2013. 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 occurred prior to the enactment of the Bipartisan Budget Act to provide for an enforceable 302(a) allocation. The Senate Appropriations Committee adopted an FY2014 suballocation that served as an internal guideline to the subcommittees. 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.

The most recent action on discretionary spending enforcement associated with the budget resolution occurred through the enactment of the Bipartisan Budget Act. Section 111 of the act enabled the House and Senate Budget Committee chairs to provide 302(a) allocations for discretionary spending that comply with its amended limits for FY2014. The House allocations were filed in the Congressional Record for the House on January 14, 2014; the Senate allocations were filed the following day.

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 consideration and enactment. Alternatively, if some of these bills are not enacted, funding for the projects and activities therein may be provided through a full-year CR. The deadline for enactment of all regular appropriations bills is October 1, the beginning of the fiscal year.

During the FY2014 appropriations process, the House Appropriations Committee reported 10 of the 12 regular appropriations bills, while the Senate Appropriations Committee reported 11 of the 12 regular bills. The House initially considered five regular appropriations bills on the floor and passed four of them before final action on regular appropriations occurred. The Senate began floor consideration of one regular appropriations bill, but did not complete it. No regular appropriations were enacted prior to the beginning of the fiscal year. 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.

After a total amount for defense and nondefense FY2014 discretionary spending was provided through the enactment of the Bipartisan Budget Act, the House and Senate Appropriations Committees announced an agreement on regular appropriations for FY2014. This agreement was enacted as the Consolidated Appropriations Act, 2014 ( H.R. 3547 ; P.L. 113-76 ) on January 17, 2014.

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.

Two of the 12 regular appropriations bills were not 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. 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 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 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. In total, the House initially considered five regular appropriations bills during eight days of session.

Status of Statutory Discretionary Budget Enforcement Prior to the Beginning of the Fiscal Year

OMB projected the budgetary levels of the House regular appropriations bills on August 20, 2013. Defense discretionary spending subject to the (further revised) BCA limits was projected to be about $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 June, and the remaining six in July; four regular appropriations bills were reported to the Senate during 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.

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, the Senate considered the bill, disposing of a number of amendments thereto. The Senate attempted to close debate by invoking cloture, but was unsuccessful.

Status of Statutory Discretionary Budget Enforcement Prior to the Beginning of the Fiscal Year

OMB projected the budgetary levels of the Senate regular appropriations bills on August 20, 2013. Defense discretionary spending subject to the (further revised) 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.

The Consolidated Appropriations Act, 2014 (P.L. 113-76)

On January 13, 2014, the House and Senate Appropriations Committee chairs announced an omnibus appropriations package that combined an agreement on each of the 12 regular appropriations bills into a single vehicle. This agreement was to be considered as a House amendment to a Senate amendment to an unrelated bill ( H.R. 3547 ). After adopting a special rule that provided for the consideration of the amendment ( H.Res. 458 ), the House concurred in the Senate amendment with an amendment, by a vote of 359-67, on January 15. The Senate concurred in that House action the following day, by a vote of 72-26. The bill was signed into law on January 17, 2014 ( P.L. 113-76 ).

Prior to consideration on the House floor, CBO estimated the discretionary appropriations that would be provided through the enactment of the consolidated measure. These are listed in Table 5 , below. CBO estimated that appropriations subject to the FY2014 discretionary spending limits would not exceed those levels. When adjustments to the limits were accounted for, total appropriations were projected to be about $1.1 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. 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 , 113 th 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, through January 15, 2014. (The Continuing Appropriations Act, 2014; H.R. 2775 ; P.L. 113-46 .) Funding was extended for three additional days by P.L. 113-73 ( H.J.Res. 106 ) to allow time for the enactment of the Consolidated Appropriations Act, 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 FY2013 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.

The House considered H.J.Res. 59 on September 20, 2013. Such consideration occurred under the terms of a special rule ( H.Res. 352 ) 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). 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. The Senate passed H.J.Res. 59 , by a vote of 54-44.

Congressional action to resolve House and Senate differences with regard to H.J.Res. 59 occurred between September 28 and October 1. 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 them were agreed to by votes of 248-174 and 231-192, respectively. On the morning of September 30, the Senate voted to table 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 from 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. 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. Later that morning, the Senate tabled the House request, by a vote of 54-46.

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. 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. 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 ).

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. 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 CRs was $108.306 billion, which is about 11% of the FY2014 statutory discretionary spending limits ($967.473 billion). 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, or pursuant to a special rule. With one exception ( H.J.Res. 91 ), none of these measures was considered on the Senate floor.

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. 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.

H.R. 2775 (P.L. 113-46)

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. 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. 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. 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 was January 15, 2014.

H.J.Res. 106 (P.L. 113-73)

As congressional negotiations on FY2014 regular appropriations were drawing to a close, it become evident that additional time would be needed to enact the Consolidated Appropriations Act. Consequently, on January 10, 2014, the chairman of the House Appropriations Committee introduced H.J.Res. 106 , a measure that would extend the effectiveness of the previous CR for three additional days—to January 18, 2014. On January 14, this measure was adopted in the House by a voice vote. The Senate approved it on the following afternoon, by a vote of 86-14, and it was signed into law by the President later that evening ( P.L. 113-73 ).

Status of Statutory Discretionary Budget Enforcement

CBO estimated the total amount of annualized budget authority for regular appropriations in the FY2014 CR (the Continuing Appropriations Act, 2014) that was subject to the BCA limits to be $986.3 billion. 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, was included, the total amount of annualized budget authority in this CR was $1.088 trillion. The three-day extension provided by P.L. 113-73 made no changes to the annualized level of budget authority.

During the month of October, 2013, 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. However, the Bipartisan Budget Act subsequently amended 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. As a consequence, OMB announced on January 17, 2014, that no sequestration of the budget authority provided by the FY2014 CR would be necessary.

Supplemental Appropriations

On July 8, 2014, the President submitted a request to Congress for $4.346 billion in supplemental appropriations for FY2014, primarily for activities related to responding to the influx of unaccompanied and escorted children illegally crossing the Southwest border. In addition, funds were requested for wildland fire management to address a projected shortfall as a result of fire suppression activities expected over the summer months, and legislative language was proposed to establish a new adjustment to the statutory discretionary spending limits for wildfire suppression operations. The amount requested for immigration and border security activities was $3.731 billion and the amount for wildland fire management was $615 million. The President requested that such funds be designated as emergency spending, effectively exempting them from the statutory discretionary spending limits.

Both the House and Senate have responded to this request with floor consideration of supplemental appropriations measures. Senator Mikulski, chair of the Senate Appropriations Committee, introduced S. 2648 , the Emergency Supplemental Appropriations Act of 2014, on July 23. This bill would provide a total of $3.571 billion in additional appropriations for FY2014 immigration and border security activities, wildland fire management, and military cooperation with the government of Israel related to the Iron Dome program. All of these appropriations were designated as emergency spending, as requested by the President. The Senate began consideration of S. 2648 on July 31. On that same day, however, a point of order under Section 306(a) of the Congressional Budget Act was raised and sustained for including matter under the jurisdiction of the Senate Budget Committee, after the Senate rejected a motion to waive the point of order. As a result, pursuant to Section 312(f) of the Congressional Budget Act, the bill was referred to the Committee on Appropriations.

On July 29, Representative Harold Rogers, chair of the House Appropriations Committee, introduced H.R. 5230 , the Secure the Southwest Border Supplemental Appropriations Act, 2014. The original version of the proposal provided a total of $659 million in additional appropriations for immigration and border security activities, and rescinded the same amount of previously enacted appropriations for various purposes. On July 31, the House debated the bill pursuant to the special rule that provided for its consideration ( H.Res. 696 ). After the previous question was ordered pursuant to the rule, further proceedings were postponed. The following day, the House resumed consideration of H.R. 5230 pursuant to provisions in a second special rule ( H.Res. 710 ). This special rule amended the text of the bill upon its adoption to provide an additional $35 million for the Army National Guard associated with the border security activities in the bill. At the end of the bill's consideration, the House passed H.R. 5230 , by a vote of 223-189.

On August 1, the Senate passed a separate measure providing the funding related to the Iron Dome that was proposed in S. 2648 . As was the case for S. 2648 , the $225 million in such spending was designated as emergency appropriations. By unanimous consent, the Senate considered and adopted H.J.Res. 76 with a substitute amendment. Later that same day, the House agreed to that Senate amendment by a vote of 395-8. The measure was signed into law by the President on August 4, 2014 ( P.L. 113-145 ).