[Congressional Record Volume 142, Number 16 (Tuesday, February 6, 1996)]
[Senate]
[Pages S886-S888]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE PRESIDENT'S BUDGET
Mr. DOMENICI. I will depart from the subject matter and just call to
our attention and to the American people's attention a situation with
reference to the President's so-called submission of a balanced budget.
First, as chairman of the Budget Committee, I was advised last week
by the White House that they were going to submit this kind of
document. Of course, I cannot do anything about whether they should
submit this 20-page brochure in lieu of a balanced budget, but I
suggested that it would not be a budget. The response was that it would
be submitted in this manner.
I want everybody to know that the February 5 deadline for the
submission of a budget which can be reached--I am not suggesting that
it cannot be delayed, but to tell the American people that the
President has submitted a balanced budget in compliance with the
requirements of the law is just not true. This is 15 pages of political
prose and advertisements and 5 pages of technical economic assumptions
and the like. It is as if there really is nothing formal and specific
about the Nation's budget.
Some may recall in the past when budget directors submitted their
budgets, they were more than a few hundred pages. They had supplements
to amend. That is because every item in the Federal budget was itemized
in terms of expenditure. This budget is 15 pages of prose, 5 pages of
tables. It says nothing about how the President proposes to spend the
$12.2 trillion he has proposed to expend over the next 7 years.
I want the Senate and the people to know that this is not just a
Senator speaking. There is a law about budgets. The law says in 31
U.S.C. 1105 that there are 31 specific requirements for a budget to be
a budget. I ask unanimous consent to have printed in the Record for
anyone who would like to peruse this, the 31 requirements of a budget.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Sec. 1105. Budget contents and submission to Congress
(a) On or after the first Monday in January but not later
than the first Monday in February of each year,\1847\ the
President shall submit a budget of the United States
Government for the following fiscal year. Each budget shall
include a budget message and summary and supporting
information. The President shall include in each budget the
following:
Footnotes at end of article.
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(1) information on activities and functions of the
Government.
(2) when practicable, information on costs and achievements
of Government programs.
(3) other desirable classifications of information.\1848\
(4) a reconciliation of the summary information on
expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section,
estimated expenditures and proposed appropriations the
President decides are necessary to support the Government in
the fiscal year for which the budget is submitted and the 4
fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year
for which the budget is submitted and the 4 fiscal years
after that year under--
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the
Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations
and proposed appropriations, of the Government for the
current fiscal year.
(9) balanced statements of the--
(A) condition of the Treasury at the end of the prior
fiscal year;
(B) estimated condition of the Treasury at the end of the
current fiscal year; and
(C) estimated condition of the Treasury at the end of the
fiscal year for which the budget is submitted of financial
proposals in the budget are adopted.
(10) essential information about the debt of the
Government.
(11) other financial information the President decides
desirable to explain in practicable detail the financial
condition of the Government.\1849\
(12) for each proposal in the budget for legislation that
would establish or expand a Government activity or function,
a table showing--
(A) the amount proposed in the budget for appropriation and
for expenditure because of the proposal in the fiscal year
for which the budget is submitted; and
(B) the estimated appropriation required because of the
proposal for each of the 4 fiscal years after that year that
the proposal will be in effect.
(13) an allowance for additional estimated expenditures and
proposed appropriations for the fiscal year for which the
budget is submitted.
(14) an allowance for unanticipated uncontrollable
expenditures for that year.
(15) a separate statement on each of the items referred to
in section 301(a)(1)-(5) of the Congressional Budget Act of
1974 (2 U.S.C. 632(a)(1)-(5)).
(16) the level of tax expenditures under existing law in
the tax expenditures budget (as defined in section 3(a)(3) of
the Congressional Budget Act of 1974 (2 U.S.C. 622(a)(3)) for
the fiscal year for which the budget is submitted,
considering projected economic factors and changes in the
existing levels based on proposals in the budget.
(17) information on estimates of appropriations for the
fiscal year following the fiscal year for which the budget is
submitted for grants, contracts, and other payments under
each program for which there is an authorization of
appropriations for that following fiscal year when the
appropriations are authorized to be included in an
appropriation law for the fiscal year before the fiscal year
in which the appropriation is to be available for obligation.
(18) a comparison of the total amount of budget outlays for
the prior fiscal year, estimated in the budget submitted for
that year, for each major program having relatively
uncontrollable outlays with the total amount of outlays for
that program in that year.
(19) a comparison of the total amount of receipts for the
prior fiscal year, estimated in the budget submitted for that
year, with receipts, a comparison of the amount of receipts
estimated in that budget with the amount of receipts from
that source in that year.
(20) an analysis and explanation of the differences between
each amount compared under clauses (18) and (19) of this
subsection.
(21) a horizontal budget showing--
(A) the programs for meteorology and of the National
Climate Program established under section 5 of the National
Climate Program Act (15 U.S.C. 2904);
(B) specific aspects of the program of, and appropriation,
for, each agency; and
(C) estimated goals and financial requirements.
(22) a statement of budget authority, proposed budget
authority, budget outlays, and proposed budget outlays, and
descriptive information in terms of--
(A) a detailed structure of national needs that refers to
the missions and programs of agencies (as defined in section
101 of this title); and
(B) the mission and basic programs.
(23) separate appropriation accounts for appropriations
under the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.) and the Federal Mine Safety and Health
Act of 1977 (30 U.S.C. 801 et seq.)
(24) recommendations on the return of Government capital to
the Treasury by a mixed-ownership corporation (as defined in
section 9101(2) of this title that the President decides are
desirable.
(25) a separate appropriation account for appropriations
for each Office of Inspector General of an establishment
defined under section 11(2) of the Inspector General Act of
1978.
(26)\1850\ a separate statement of the amount of
appropriations requested for the Office of National Drug
Control Policy and each program of the National Drug Control
Program.
(28)\1851\ a separate statement of the amount of
appropriations requested for the Office of Financial
Management.
(b) Estimated expenditures and proposed appropriations for
the legislative branch and the judicial branch to be included
in each budget under subsection (a)(5) of this section shall
be submitted to the President before October 16 of each year
and included in the budget by the President without change.
(c) The President shall recommend in the budget appropriate
action to meet an estimated deficiency when the estimated
receipts for the fiscal year for which the budget is
submitted (under laws in effect when the budget is submitted)
and the estimated amounts in the Treasury at the end of the
current fiscal year available for expenditure in the fiscal
year for which the budget is submitted, are less than the
estimated expenditures for that year. The President shall
[[Page S887]]
make recommendations required by the public interest when the estimated
receipts and estimated amounts in the Treasury are more than
the estimated expenditures.
(d) When the President submits a budget or supporting
information about a budget, the President shall include a
statement on all changes about the current fiscal year that
were made before the budget or information was submitted.
(e)(1) The President shall submit with materials related to
each budget transmitted under subsection (a) on or after
January 1, 1985, an analysis for the ensuing fiscal year that
shall identify requested appropriations or new obligational
authority and outlays for each major program that may be
classified as a public civilian capital investment program
and for each major program that may be classified as a
military capital investment program, and shall contain
summaries of the total amount of such appropriations or new
obligational authority and outlays for public civilian
capital investment programs and summaries of the total amount
of such appropriations or new obligational authority and
outlays for military capital investment programs. In
addition, the analysis under this paragraphs shall contain--
(A) an estimate of the current service levels of public
civilian capital investment and of military capital
investment and alternative high and low levels of such
investments over a period of ten years in current dollars and
over a period of five years in constant dollars;
(B) the most recent assessment analysis and summary, in a
standard format, of public civilian capital investment needs
in each major program area over a period of ten years;
(C) an identification and analysis of the principal policy
issues that affect estimated public civilian capital
investment needs for each major program; and
(D) an identification and analysis of factors that affect
estimated public civilian capital investment needs for each
major program, including but not limited to the following
factors:
(i) economic assumptions;
(ii) engineering standards;
(iii) estimates of spending for operation and maintenance;
(iv) estimates of expenditures for similar investments by
State and local governments; and
(v) estimates of demand for public services derived from
such capital investments and estimates of the service
capacity of such investments.
To the extent that any analysis required by this paragraph
relates to any program for which Federal financial assistance
is distributed under a formula prescribed by law, such
analysis shall be organized by State and within each State by
major metropolitan area if data are available.
(2) For purposes of this subsection, any appropriation, new
obligational authority, or outlay shall be classified as a
public civilian capital investment to the extent that such
appropriation, authority, or outlay will be used for the
construction, acquisition, or rehabilitation of any physical
asset that is capable of being used to produce services or
other benefits for a number of years and is not classified as
a military capital investment under paragraph (3). Such
assets shall include (but not be limited to)--
(A) roadways or bridges,
(B) airports or airway facilities,
(C) mass transportation systems,
(D) wastewater treatment or related facilities,
(E) water resources projects,
(F) hospitals,
(G) resource recovery facilities,
(H) public buildings,
(I) space or communications facilities,
(J) railroads, and
(K) federally assisted housing.
(3) For purposes of this subsection, any appropriation, new
obligational authority, or outlay shall be classified as a
military capital investment to the extent that such
appropriation, authority, or outlay will be used for the
construction, acquisition, or rehabilitation of any physical
asset that is capable of being used to produce services or
other benefits for purposes of national defense and security
for a number of years. Such assets shall include military
bases, posts, installations, and facilities.
(4) Criteria and guidelines for use in the identification
of public civilian and military capital investments, for
distinguishing between public civilian and military capital
investments, and for distinguishing between major and
nonmajor capital investment programs shall be issued by the
Director of the Office of Management and Budget after
consultation with the Comptroller General and the
Congressional Budget Office. The analysis submitted under
this subsection shall be accompanied by an explanation of
such criteria and guidelines.
(5) For purposes of this subsection--
(A) the term ``construction'' includes the design,
planning, and erection of new structures and facilities, the
expansion of existing structures and facilities, the
reconstruction of a project at an existing site or adjacent
to an existing site, and the installation of initial and
replacement equipment for such structures and facilities;
(B) the term ``acquisition'' includes the addition of land,
sites, equipment, structures, facilities, or rolling stock by
purchase, lease-purchase, trade, or donation; and
(C) there term ``rehabilitation'' includes the alteration
of or correction of deficiencies in an existing structure or
facility so as to extend the useful life or improve the
effectiveness of the structure or facility, the modernization
or replacement of equipment at an existing structure or
facility, and the modernization of, or replacement of parts
for, rolling stock.
(f) \1852\ The budget transmitted pursuant to subsection
(a) for a fiscal year shall be prepared in a manner
consistent with the requirements of the Balanced Budget and
Emergency Deficit Control Act of 1985 that apply to that and
subsequent fiscal years.\1853\
Sec. 1106. Supplemental budget estimates and changes
(a) Before July 16 of each year, the President shall submit
to Congress a supplemental summary of the budget for the
fiscal year for which the budget is submitted under section
1105(a) of this title. The summary shall include--
(1) for that fiscal year--
(A) substantial in or reappraisals of estimates of
expenditures and receipts;
footnotes
\1847\ This period is here in the original. Section
13112(c)(1) of the Budget Enforcement Act struck the words
``On or before the first Monday after January 3 of each year
(or on or before February 5 in 1986)'' here and inserted ``On
or after the first Monday in January but not later than the
first Monday in February of each year.'' See supra p. 710.
The statement of managers accompanying the conference report
on the Budget Enforcement Act hedges the changes made by that
Act:
XI. Presidents Budget Submission
The conference agreement includes a provision permitting the
President to delay submission to Congress of The Budget of
the United States Government from the present requirement of
``on or before the first Monday after January 3 of each
year'' to not later than the first Monday in February. The
conferees intended that this increased flexibility be used
very rarely to meet only the most pressing exigencies. An
orderly and timely budget process requires that Presidential
submissions be made on or before the first Monday after
January 3 whenever possible. The conferees expect that
Presidential submission dates will comply with the January
deadline. H.R. Conf. Rep. No. 101-964, 101st Cong., 2d Sess.
1171 (1990), reprinted in 1990 U.S.C.C.A.N. 2017, 2876.
\1848\ In addition to this broad statutory authority, the
President also retains the Constitutional authority to
``recommend to [Congress's] Consideration such Measures as he
shall judge necessary and expedient.'' U.S. Const. art. II,
Sec. 3.
\1849\ In addition to this broad statutory authority, the
President also retains the Constitutional authority to
``recommend to [Congress's] Consideration such Measures as be
shall judge necessary and expedient.'' U.S. Const. art. II,
Sec. 3.
\1850\ Section 1006 of the Anti-Drug Abuse Act of 1988 added
this paragraph (26). Pub. L. 100-690, Sec. 1006. 102 Stat.
4187 (1988). Section 1009 of that Act provides that this
paragraph is repealed ``on the date which is 5 years after
the date of enactment,'' or November 18, 1993. Id. Sec. 1009,
102 Stat. at 4188.
Note that section 5301 of the Omnibus Trade Competitiveness
Act of 1988 added another paragraph (26), if temporarily.
Pub. L. 100-418, Sec. 5301, 102 Stat. 1462 (1988). Section
5303 of the Act provides:
The amendment made by section 5301 shall be effective for
fiscal years 1989, 1990, 1991, and 1992, and shall be fully
reflected in the budgets submitted by the President as
required by section 1105(a) of title 31, United States Code,
for each such fiscal year . . .. Id. Sec. 5303, 102 Stat. at
1463.
The now-former paragraph (26) read:
(26) an analysis, prepared by the Office of Management and
Budget after consultation with the chairman of the Council of
Economic Advisers, of the budget's impact on the
international competitiveness of United States business and
the United States balance of payments position and shall
include the following projections, based upon the best
information available at the time, for the fiscal year for
which the budget is submitted--
(A) the amount of borrowing by the Government in private
credit markets;
(B) net domestic savings (defined as personal savings,
corporate savings, and the fiscal surplus of State and local
governments);
(C) net private domestic investment;
(D) the merchandise trade and current accounts ;
(E) the net increase or decrease in foreign indebtedness
(defined as net foreign investment); and
(F) the estimated direction and extent of the influence of
the Government's borrowing in private credit markets on
United States dollar interest rates and on the real effective
exchange rate of the United States dollar. Pub. L. 100-418,
Sec. 5301, 102 Stat. 1462 (1988) (expired).
Compare the parallel requirements for the report to accompany
the congressional budget resolution formerly set forth in
section 301(e)(10) of the Congressional Budget Act. See supra
note 190.
\1851\ This is so in the original. No paragraph (27) exists.
The Chief Financial Officers Act of 1990, Pub. L. No. 101-
576, 104 Stat. 2838 (1990), added this paragraph.
\1852\ Section 275(b) of Gramm-Rudman-Hollings provides that
section 1105(f) of title 31 shall expire September 30, 1995.
\1853\ Section 13112(c)(2) of the Budget Enforcement Act
amended subsection (f) to read as it does now. See supra p.
711. Before enactment of the Budget Enforcement Act,
subsection (f) read as follows:
(f)(1) The budget transmitted pursuant to subsection (a) for
a fiscal year shall be prepared on the basis of the best
estimates then available, in such a manner as to ensure that
the deficit for such fiscal year shall not exceed the maximum
deficit amount for such fiscal year as determined under
paragraph (7) of section 3 of the Congressional Budget and
Impoundment Control Act of 1974.
(2) The deficit set forth in the budget so transmitted for
any fiscal year not exceed the maximum deficit amount for
such fiscal year as determined under paragraph (7) of section
3 of the Congressional Budget and Impoundment Control Act of
1974, with budget outlays and Federal revenues at such levels
as the President may consider most desirable and feasible.
(3) The budget transmitted pursuant to subsection (a) for a
fiscal year shall include a budget baseline estimate made in
accordance with section 251(a)(6) of the Balanced Budget and
Emergency Deficit Control Act of 1985 and using economic and
technical assumptions consistent with the current services
budget submitted under section 1109 for the fiscal year. If
such budget baseline estimate differs from the estimate in
the current services budget, the President shall explain the
differences. The budget
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transmitted pursuant to subsection (a) for such fiscal year shall
include the information required by section 251(a)(2) of such
Act (other than account-level detail) assuming that the
deficit in such budget baseline were the amount estimated by
the Director of the Office of Management and Budget on August
25 of the calendar year in which the fiscal year begins.
(4) Paragraphs (1) and (2) shall not apply with respect to
fiscal year 1989 if the budget transmitted for such fiscal
year provides for deficit reduction from a budget baseline
deficit for such fiscal year (as defined by section 251(a)(6)
of the Balanced Budget and Emergency Deficit Control Act of
1985 and based on laws in effect on January 1, 1988) equal to
or greater than $36,000,000,000.
(5) Paragraphs (1) and (2) shall not apply if a declaration
of war by the Congress is in effect.
Mr. DOMENICI. Mr. President, I submit, and my quick analysis is, that
the President has complied with none of them. Again, I repeat, if the
President wanted to tell the American people he sent a vision statement
up here, or if he wanted to say, ``I sent a sunshine brochure up
here''--it is in yellow and looks like sunshine--if he wanted to say
that, that is fine. But to suggest that he sent a budget up here is
clearly, clearly, a statement without any ability behind the White
House to prove it. There is no budget.
Why do I say this and why do I come to the floor? First, some are
saying, we should have a budget hearing on the budget. I say to my
friend--two are here on the Budget Committee--there is no budget to
have a hearing about. We could perhaps have a hearing about the
nonbudget if some would like to have that.
Second, it is very easy to submit a budget with bulk numbers if you
do not have to tell the public what you are going to do, so that in all
the appropriated accounts, you do not have to tell them what you will
spend money on and what you will not spend money on. It is another
effort on the part of the White House to make everybody feel good and
to make sure you feel good about the President's proposals because he
has not yet told you what he will and will not do.
I submitted the 31 requirements, and I merely ask the White House and
the President to submit a budget at the earliest possible time. I think
the public deserves it. I think we deserve it. Again, I say to the
White House, you have not submitted one. We understand that perhaps
there is a lot of pressure this year and a shortage of time, but it
would have been better if you would not have told the public you
submitted one when you did not. Make sure when you do submit one that
it is a budget, and then we can have hearings on it and let the
American people know what is in it.
Mr. BOND. Mr. President, I ask unanimous consent I be permitted to
speak up to 5 minutes as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
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