S.Con.Res. 39 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.

Create a free account or sign in to follow S.Con.Res. 39 and get alerts. Policy area: Economics and Public Finance Create a free account or sign in to follow the Economics and Public Finance policy area and get alerts. ▲ 73 days since action Sponsor: Rand Paul, KY-Senate, R → Congress.gov

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. 551. (text: CR S4577-4583)

What S.Con.Res. 39 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 or decreases 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 or decrease the deficit over FY2027-FY2036. 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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The Framers

“Founders’ Verdict”

CONSTITUTIONAL

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

A concurrent resolution establishing budgetary levels is a constitutional exercise of Congress's power over the purse, as it is an internal legislative instrument that does not bind future Congresses or require presentment to the President, and does not encroach on executive power.

Hamilton YES

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). A concurrent resolution establishing budgetary levels is an exercise of Congress's inherent power over the purse, which is essential to republican governance and legislative supremacy. The resolution does not bind future Congresses beyond the current fiscal year, as it is a concurrent measure not presented to the President, and thus does not encroach on executive power. The authority to set appropriations and budgetary target…

Article I, Section 8, Clause 1 Article I, Section 9, Clause 7 Federalist No. 33 Federalist No. 58
Jefferson CONDITIONAL

The Congress is empowered by the Constitution 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; but this power is not without limit. A budget resolution that merely sets forth aggregate levels for federal spending may be consistent with that authority, provided that the ensuing appropriations and policies remain within the enumerated powers delegated to the federal government and do not infringe upon the reserved powers of the several states. The resolution itself is a mere expression of intent,…

Article I, Section 8, Clause 1 Amendment X Article I, Section 9, Clause 7
Madison YES

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). A concurrent resolution establishing budgetary levels is a proper exercise of Congress's internal authority to guide its own appropriations and revenue decisions, and it does not purport to have the force of law binding the Executive or the Judiciary. The resolution is a procedural instrument within the legislative sphere, akin to the rules of proceeding that each House may determine (Article I, Section 5, Clause 2). It does …

Article I, Section 8, Clause 1 Article I, Section 5, Clause 2 Federalist No. 58 Federalist No. 41
Marshall YES

This concurrent resolution, establishing congressional budget levels, is a lawful exercise of Congress's enumerated power to lay and collect taxes and to provide for the common defense and general welfare. It is an internal legislative instrument, not a law, and thus does not require presentment to the President under Article I, Section 7, Clause 3. The Constitution grants Congress broad discretion over the appropriation of public funds, and a budget resolution is a necessary and proper means to exercise that power, as it facilitates the orderly and efficient discharge of the legislative dutie…

Article I, Section 8, Clause 1 Article I, Section 7, Clause 3 McCulloch v. Maryland (1819)
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