S.Con.Res. 38 explained · 119th Congress · Pending in Congress
A concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2027 and setting forth the appropriate budgetary levels for fiscal years 2028 through 2036.
Cosponsors: none · per Congress.gov, 2026-10-14
Introduced: 2026-08-07
Latest action (2026-08-07): Placed on Senate Legislative Calendar under General Orders. Calendar No. 550. (text: CR S4571-4577)
What S.Con.Res. 38 does, in plain terms
This concurrent resolution establishes the congressional budget for the federal government for FY2027, sets forth budgetary levels for FY2028-FY2036, and provides reconciliation instructions for legislation that increases the deficit. The resolution recommends levels and amounts for FY2027-FY2036 for federal revenues, new budget authority, budget outlays, deficits, public debt, debt held by the public, and the major functional categories of spending. It also recommends levels and amounts for Social Security and U.S. Postal Service (USPS) discretionary administrative expenses for the purpose of budget enforcement in the Senate. The resolution includes reconciliation instructions that direct several congressional committees to submit recommendations for legislation that will increase the deficit over FY2027-FY2036 by not more than specified amounts. Each committee must submit the recommendations to the House or Senate Budget Committee by September 11, 2026. (Under current law, reconciliation bills are considered by Congress using expedited legislative procedures that prevent a filibuster and restrict amendments in the Senate.) In addition, the resolution establishes a reserve fund that allows certain adjustments to committee allocations and other budgetary levels to accommodate reconciliation legislation. Finally, the resolution sets forth budget enforcement procedures that address issues such as adjustments to committee allocations and other budgetary levels; the budgetary treatment of discretionary administrative expenses for the Social Security Administration and the USPS; emergency spending requirements in the House; and additional adjustments in the House for disaster relief, wildfire suppression, health care fraud and abuse control, continuing disability reviews and redeterminations, and reemployment services and eligibility assessments.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
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S.Con.Res. 38 has not been graded yet. New measures with an official summary are graded daily under the published rubric.
The Framers
“Founders’ Verdict”
Confidence 0.75
Archived SI output (machine-generated)No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.
Synthesis
The concurrent resolution setting forth the congressional budget for fiscal year 2027 and subsequent years is constitutional as a proper exercise of Congress's power of the purse, its authority to determine its own proceedings, and its enumerated taxing and spending powers. It serves as an internal procedural framework, not a binding law, and does not require presentment to the President.
The Constitution vests in Congress the power of the purse, including the authority to adopt concurrent resolutions setting forth budgetary levels. Article I, Section 9, Clause 7 provides that 'No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law,' which implies Congress must establish a budget framework. Additionally, Article I, Section 8, Clause 1 grants Congress the power to 'lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States,' which necessarily includes settin…
The Constitution grants Congress the power to lay and collect taxes, duties, imposts, and excises, and to provide for the common defense and general welfare, but this power is strictly limited by the enumeration of powers in Article I, Section 8. A concurrent resolution setting forth a budget for the entire federal government for a decade may be constitutional only if it does not exceed the specific, delegated powers of Congress and does not encroach upon the rights reserved to the states or the people. The Tenth Amendment reserves to the states or the people all powers not delegated to the Un…
The concurrent resolution to set forth the congressional budget for fiscal year 2027 and subsequent years is a proper exercise of the legislative power vested in Congress by the Constitution. The Constitution grants Congress the power to lay and collect taxes, duties, imposts, and excises, and to provide for the common defence and general welfare (Article I, Section 8, Clause 1). Moreover, each House is empowered to determine the rules of its proceedings (Article I, Section 5, Clause 2). A concurrent resolution, being a measure adopted by both Houses but not presented to the President, serves …
This concurrent resolution is a proper exercise of Congress's constitutional authority over the purse and its internal proceedings. The Constitution vests in Congress the power to lay and collect taxes, pay debts, and provide for the common defense and general welfare (Article I, Section 8, Clause 1). The Necessary and Proper Clause (Article I, Section 8, Clause 18) further empowers Congress to choose the means to execute its enumerated powers, including the establishment of budgetary targets through concurrent resolutions as a procedural mechanism. Moreover, Article I, Section 5 grants each H…
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