[Congressional Record Volume 146, Number 60 (Tuesday, May 16, 2000)]
[House]
[Pages H3093-H3145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PERSONAL EXPLANATION
Mr. LoBIONDO. Mr. Speaker, I regret I was attending a family funeral
today and unable to be present for the following rollcall votes, 183,
184 and 185. Had I been here I would have voted ``yea'' on all three
votes.
The SPEAKER pro tempore (Mr. Barrett of Nebraska). The question is on
the resolution.
The resolution was agreed to.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. Pursuant to House Resolution 499 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 853.
{time} 1424
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 853) to amend the Congressional Budget Act of 1974 to provide for
joint resolutions on the budget, reserve funds for emergency spending,
strengthened enforcement of budgetary decisions, increased
accountability for Federal spending, accrual budgeting for Federal
insurance programs, mitigation of the bias in the budget process toward
higher spending, modifications in paygo requirements when there is an
on-budget surplus, and for other purposes, with Mr. LaTourette in the
chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Iowa (Mr. Nussle) and the
gentleman from South Carolina (Mr. Spratt) each will control 20
minutes; the gentleman from Florida (Mr. Young) and the gentleman from
Wisconsin (Mr. Obey) each will control 10 minutes; and the gentleman
from California (Mr. Dreier) and the gentleman from Massachusetts (Mr.
Moakley) each will control 15 minutes.
The Chair understands that each committee will consume or yield back
its entire time as just mentioned before the next committee is
recognized.
The Chair recognizes the gentleman from Iowa (Mr. Nussle).
Mr. NUSSLE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would like to commend a number of Members on both
sides of the aisle for their work on budget process reform. There are
maybe a few Members of Congress and a few people watching who may think
that this all of a sudden just came up in the last couple of weeks, but
it did not.
In fact, I remember talking to Members of Congress when I first
arrived as a freshman Member who were concerned about that year's
budget process, 1990, when, as we may recall, as the body may recall,
Members of Congress and administration officials were being shuttled
back and forth from Andrews Air Force Base in a very ``democratic
process'' in order to try and arrive at the end year result of what the
budget would look like.
There were probably only a handful of people in this entire country
divvying up the final $1.3 trillion worth of spending tax increases, at
that point. There were just a few Members in a little barracks, I
guess, right off of Andrews Air Force Base, and they were making the
final decisions of what was then the budget process.
At that point, as a freshman Member, and just about every year since,
I made the commitment that this is something that I wanted to do. Well,
there were many people that I worked with. I certainly could not and
did not do this alone.
I first would like to commend my partner in this, and that is the
gentleman from Maryland (Mr. Cardin). The two of us were given the task
of sitting down and trying to take all of the good ideas from Members
since the 1974 Act was passed and to try and put them together in a
comprehensive bill that addressed many of the problems that we were
facing at that time.
{time} 1430
So I want to commend the gentleman from Maryland (Mr. Cardin), the
gentleman from Minnesota (Mr. Minge), the gentleman from Texas (Mr.
Stenholm), the gentleman from New Hampshire (Mr. Sununu), the gentleman
from Minnesota (Mr. Gutknecht), the gentleman from Ohio (Mr. Kasich),
so many people, the gentleman from California (Mr. Cox), and the
gentleman from Texas (Mr. Barton), that we stand on their shoulders as
we work together.
Why is this process broken, or how do we know it is broken? Well, one
does not have to go back to my very first year as a freshman to 1990.
Just go back to 1995, the government shutdown. Everybody certainly
remembers that. In fact, that is the poster child for budget process
reform. The same is true with 1998 when we did not even get a budget,
did not even pass a budget that particular year.
So we have a number of different dynamics that proved to us as
Members that the process is broken. So one can pick any year one wants
and see a number of opportunities for the budget process to break down.
We also considered just about every alternative that was put before
the Congress, both past and present. We considered every kind of
lockbox one can imagine. We considered joint resolutions. We considered
concurrent resolutions. We considered all sorts of things which people
outside might glaze over in their eyes. They may not even be following.
But as I explained to a group of young people that I spoke to back in
my district when they were asking me what I was going to be working on
this week, I told them budget process reform. Of course, they do not
quite understand what that would mean.
I said, well, it is the rules in which we govern our behavior in
coming up with a budget. Those rules are not much different than when
one dusts off that old Monopoly box that one pulls out from under one's
bed, and one dusts it off because one has not played it in a while. So
one is trying to remember the rules. One opens the box, and one looks
on the back of the box, and there it says very clearly the non-outcome,
in other words, it does not determine the outcome, but it says how one
plays the games in a fair way so that the process can work its will,
and that the players can achieve their end result on their own, based
on those rules.
That is what we tried to do here. We did not game it. We did not say
there is a special rule for this or a special rule for that. We did not
take advantage for the Committee on Ways and Means or the Committee on
Appropriations or any of the authorizing committees. We said, what is
the best way for us to get a common sense result?
So what did we do? We looked back and we said, since 1994, when has
the process worked? Do my colleagues know what? Mr. Chairman, we could
only find one year where the budget process truly worked. Do my
colleagues know what year that was? That was the year that we did not
follow the budget process. It was 1997.
Let me remind my colleagues what happened. Early in that year,
Democrats and Republicans met with both the House, the Senate, the
administration together, and they said, how can we make sure that the
budget process works? They came up with what was called a memorandum of
agreement. That memorandum of agreement set
[[Page H3094]]
out the aggregate numbers by which the entire year worked. It said what
taxes were going to be. It said what spending was going to be. It said
debt reduction, how we were going to reduce the deficit.
Together in a memorandum of understanding, the White House, together
working with the Congress, they came up with what was the framework for
probably one of the most successful years of budgeting since 1974. So
it was that process that we used as a boilerplate for this particular
bill.
Now, since we wrote the bill and in the last few days when this bill
has been coming to the floor, I have been having three typical
conversations. One is, of course, Members who support the reform. They
are very happy that we can prevent government shutdowns, that we can
stop with the game playing and the political documents as part of a
budget bill because it has to be real.
If we make it a joint resolution, it means the president of either
party cannot come to the Congress in February and submit a budget that
is dead on arrival, leave for 9 months, and come back when there are
negotiations at Andrews Air Force Base. It means that the Congress and
the Committee on the Budget cannot put a political document out on to
the table and leave and check out until October when the budget should
have been done and we are already on the government shutdown, and they
come back in to try to fix everything. It means that the process has to
be real. It should not be political. It should not be a game. We are
talking about $1.8 trillion of one's hard-earned money that is being
spent, that is being taxed, that is being used for the betterment of
our country. We should have a process that works.
The second kind of conversation is from Members who I have to
honestly suggest to my colleagues find a certain amount of advantage
from our current chaos. I would suggest to my colleagues those are
probably Members who find themselves in that last room on that last day
putting the finishing touches on a 15,000-page bill. That is not me.
That is not the gentleman from South Carolina (Mr. Spratt). That is
probably very few of us in this room right here today.
So are my constituents from Iowa being represented in that process? I
would suggest to my colleagues no. Are my friends who are here today
listening to the debate? Are their constituents being served by that
process where one has no input, where the House is not working its
will? I would suggest to my colleagues that it is not. It does work for
those Members who observe a certain advantage of being in that room and
taking advantage of that chaos.
The final group of people are those who are concerned about bringing
the White House into the process. Mr. Chairman, should not the White
House be in our budget process? I mean, I realize that my colleagues
are all walking around here today suggesting that maybe we can do it
all by ourselves, but did that not, in some respect, contribute to the
government shutdown? Did that not, in some respect, contribute to the
chaos and the confusion of years past when, all of a sudden, at the end
of the year, be they a Republican majority or a Democratic majority,
because the process was not real, at the last minute, in order to avert
a government shutdown, had to rush into a room and try and finally put
a finishing touch on that bill?
By excluding the President from this particular provision, what we
end up doing is not make it real, not make it realistic. More so, we
send a false sense of security to our constituents suggesting that, as
long as we continue to have votes on all these bills, things must be
proceeding successfully, when we all know with a wink and a nod that
they are, in fact, not.
Now, there are some committees that have some specific concerns that
have been coming up to me as well. One are the authorizing committees.
For those of my colleagues listening, those are the committees, such as
the Committee on Agriculture, the Committee on Transportation and
Infrastructure, the Committee on Commerce, committees such as that.
They are in charge of authorizing the many departments, laws, and
agencies of our government.
They are concerned that if, in fact, we create a budget law at the
beginning of the year, that, in fact, the Committee on Budget could
decide to do all of the work for those other committees. I would
suggest to my colleagues, not only is that protected in this
legislation, but it is protected by the Speaker, and it is protected by
the rules of our House. We do not have the ability to circumvent any
jurisdiction at all in this bill. Do not buy the arguments that suggest
otherwise.
The Committee on Appropriations. The Committee on Appropriations have
some concerns with this bill. Why? Well, number one, I say very
respectfully, and if I was a Cardinal, as they call them, one of the
chairmen of the subcommittees of the Committee on Appropriations, I
might kind of like this, too. But I am, of course, invited as one of
the Cardinals into that final room to write the bill, and, of course, I
kind of like that opportunity. So they oppose the bill because the
current amount of chaos and confusion that gets us to that end result
advantages that committee.
There are other committees, such as the Committee on Transportation
and Infrastructure that has suggested that mischief might be created by
that as well. But, again, I would suggest to my colleagues that all
they are trying to do is to determine the outcome before the House gets
to work its will.
I would just like to suggest to my colleagues, in closing, my part of
this that we have an opportunity today to fix a process that is broken.
Oftentimes, we come to the floor, and we do not have a broken process.
But even the gentleman from South Carolina (Mr. Spratt), the ranking
member on the Committee on the Budget, has worked on this, his staff.
While they have not been in agreement, I respected his opinion on this
and his input on this.
Even though we may want to agree on this, I would suggest to him that
we have an opportunity today to fix the process that he knows is
broken. In fact, the gentleman from South Carolina admitted that during
the debate on the rule. This may not be exactly the best way in
everybody's estimation, but it is a start, and we should not kill this
bill on the floor today.
There is a reason why we have not reformed the process since 1974.
The reason is, quite honestly, because people see some advantage in
there to them, personal, jurisdictional advantage. What we have come up
with is a non-outcome determining solution to this process. It has been
an arduous task, to say the least, but we feel we have brokered a
compromise that works well and allows the House today, as we debate
this bill to work its will and to make a determination that does, in
fact, fix this final process.
Mr. Chairman, I reserve the balance of my time.
Mr. SPRATT. Mr. Chairman, I yield 2 minutes to the gentleman from
Washington (Mr. McDermott).
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Chairman, this is sort of an interesting bill
because it is kind of inside baseball. Nobody outside this building or
outside this Hill really cares about it. But, therefore, it ought to be
possible to have an honest discussion about what this is really all
about.
This, in my view, is a repeal of the Committee on the Budget. It
really is saying we are done with it, but we are not going to do it
directly because we do it by three mechanisms.
One is, we say that the budget document has to be signed by the
President. Now, let us just suppose, in the worst case, we have George
Bush as President and a Democratic House of Representatives and a
Republican Senate, and they fight, and they fight, and they fight, and
we never get a budget resolution done? Now, what happens? Is the
government paralyzed? Do we close down? No, we just go on, and they
make it easier by repealing the May 15 deadline.
The Committee on Appropriations just goes about their business as
though there was no budget resolution. We do not need a budget
resolution essentially is what this says. Because if it gets snarled up
in a fight between the White House and the Houses here, we will just go
right ahead.
But the real hooker, the real fast ball in under one's fingers in
this bill is the automatic CR. This establishes an automatic CR that
goes in perpetuity
[[Page H3095]]
at the year 2000 levels. If nothing else happens, that is what we have
got. Now, God bless the Committee on Appropriations. Their problem is
going to have to be to reduce the funding in some things before they
vote for things that increase the funding in other things.
Mr. NUSSLE. Mr. Chairman, will the gentleman yield?
Mr. McDERMOTT. Yes, I yield to the gentleman from Iowa.
Mr. NUSSLE. Mr. Chairman, only to let the gentleman from Washington
know that we did take that automatic CR out of the bill. There will be
an amendment later, and my colleagues can decide whether they want that
as part of this bill.
Mr. McDERMOTT. Mr. Chairman, I want to make the Members aware of that
issue because I know it is coming. Everybody who fears that the
shutdown of 1995 is going to say we have to put that in there.
So those three elements will kill the Committee on Budget.
Mr. NUSSLE. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from New Hampshire (Mr. Sununu), a member of the Budget Reform Task
Force.
Mr. SUNUNU. Mr. Chairman, I think it is always a good sign when one
brings a piece of legislation to the floor like this one that is rooted
in common sense, and the only opposition that can be put up is to argue
against elements that are not even in the legislation. I think that is
an indication of the strength of the bill, and I rise in strong support
of it.
This is budgeting process. It is not necessarily exciting, but it is
important. This legislation does a few basic things to put us back on a
ground of common sense and fiscal responsibility. We give the budget
resolution the teeth of law, allowing the President the opportunity to
sign it into law, and thereby enable us to know where we are headed at
the beginning of the process and make the outcome that much better.
We set aside for emergencies. Everyone in America would think that
that makes sense to budget for emergencies or contingent funds at the
beginning of the year. But we do not do it in Congress. As a result, we
are caught in an endless cycle of supplemental and emergency
appropriations where we have to exceed whatever our every budget caps
might have been put into place.
We will take up the opportunity to look at 2-year budget cycles,
which would give us an opportunity to improve the budget cycle by
improving our capacity for oversight, to make sure that taxpayer funds
are spent effectively.
The bottom line is that this legislation gives a better planning
process to all of Congress. It improves the accountability that is in
the system and puts us on a road to greater fiscal discipline and
restores public confidence in the way we fund government. It is not a
cure-all. The opponents of this legislation will raise some legitimate
concerns. But the objective is to incrementally improve the budget
process and restore public confidence in the way we do business here in
Congress.
Mr. SPRATT. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from North Carolina (Mr. Price).
Mr. PRICE of North Carolina. Mr. Chairman, I rise in opposition to
this bill. I do want to commend those who have worked on it in good
faith. I know that their intention is good. But this is a flawed
remedy. It is not a convincing remedy. It might well do more harm than
good.
I think we will all agree that the budget process is not working
well. But it is a mistake to believe that endless procedural tinkering
is the answer.
{time} 1445
The problem is not mainly a flawed process. The challenge to us as
Members is to use the existing process responsibly, and yet in recent
years that has just not been done. In 1998, for the first time,
Congress failed to even adopt a budget resolution. And for the past 2
years, the leadership has allowed Congress to approve budget
resolutions that could not possibly be implemented, and then has
facilitated waiving as many rules as necessary in order to break or
circumvent or ignore those budget resolutions.
So if the budget process is broken, it is not so much that we need to
tinker with the machinery as to use that machinery responsibly. We need
to adopt realistic budget plans and then comply with the existing
rules. The bill before us purports to address our problems by more
tinkering with the machinery. But I think it looks for a fix in the
wrong direction.
One of the best examples of this is the misguided proposal for
biennial budgeting, and I will be able to address that, as will other
Members, when the amendment process begins. Let me focus for now on the
base bill and the proposal to make the budget resolution a joint
resolution. That would bring the President into the process and would
require his signature on the budget resolution.
I understand very well the attraction of this. I can remember times
in the Reagan and Bush administrations when as Democrats we wished for
a way to bring the President to the table earlier, to share
responsibility for putting our fiscal house in order. But I believe the
advantages of doing this are outweighed by the likely disadvantages.
First of all, I think this would invite further delays in the budget
and appropriations process, beyond those we already experience. It
would halt the process in years when the President or the Congress
could not agree. I know there is supposed to be a fail-safe mechanism
whereby we would then revert to a concurrent resolution. But when that
kicked in, the process would already be way behind.
And then, finally, once the President and the budget committees found
themselves negotiating over a real statute and not a planning document,
they might very well succumb to the temptation to directly legislate,
to load all kinds of controversies that properly belong in the
reconciliation process or in authorization bills onto the budget
resolution.
So this bill would take power away from the committees of this body
and move it toward the Committee on the Budget, and away from the
Congress as a whole and move it toward the President. I urge my
colleagues to vote ``no.''
Mr. SPRATT. Mr. Chairman, I yield 2 minutes to the gentleman from
Maryland (Mr. Cardin).
Mr. CARDIN. Mr. Chairman, let me thank the gentleman for yielding me
this time.
Mr. Chairman, let me just make a couple points, if I might. First, I
want to compliment my friend, the gentleman from Iowa (Mr. Nussle), for
the manner in which we developed this proposal. It was done in a
bipartisan way, an honest effort to try to improve the process around
here.
Let me make three points, if I might, first in regards to the joint
resolution. In response to my friend from North Carolina, there is no
opportunity to add, other than the budget requirements in the budget
resolution. And if we do not enact the budget resolution, we report
back to the current process. So there is really no danger there.
But the key here is to try to get the White House and the Congress
engaged on the same page on the budget document of this country. Why is
that important? In the last 10 years, we have only passed a budget on
time twice, once under Democrats, once under Republicans. In the last
10 years, we have only passed the appropriation bills on time once. We
have had summit after summit, we have had violations of the rules after
violations of the rules, and what this all means is that the Congress
is not as strong as it needs to be. None of us like a summit. We are
all neutered in that process except for a few of us. This empowers each
one of the Members in this body as well as the institution itself to be
stronger.
Number two, emergency spending. Look what we have done with emergency
spending in this body. Through the 1990s, we had 18 supplemental
appropriation bills and 21 regular appropriation bills that included
emergency spending. Much of this was not even emergency spending. It is
time to reform this process and this legislation does it.
And number three, it is time for us to start moving towards accrual
accounting. Members should try explaining to their business leaders why
we are still on a cash basis accounting system. That allows us to play
gimmicks with the budget, which is wrong. This is a good first step.
I urge the Members to please read what is in this document, because
[[Page H3096]]
there are statements being made that are just not true. We do not
sunset any of the entitlement programs under this bill, but it sets up
a way in which we can start reviewing government spending in a more
responsible way.
I urge my colleagues to support the underlying reform bill. It will
make us stronger as an institution.
Mr. NUSSLE. Mr. Chairman, I yield 1 minute to the gentleman from
Texas (Mr. Barton).
(Mr. BARTON of Texas asked and was given permission to revise and
extend his remarks.)
Mr. BARTON of Texas. Mr. Chairman, I rise in very strong support of
this bill. It is not a perfect budget process reform bill, but it is
the most perfect budget process reform bill we can get to the floor,
and I am for it.
A lot of the talk we will hear against it is really inside baseball
against the prerogatives of certain committees or, in some cases,
perhaps certain specific Members. I think the fact that we have to have
a joint resolution signed by the President early in the process is a
very positive step.
We have sat around here, those of us that have been in the body a
number of years, and watched President Clinton demand more spending to
sign the appropriation bills, or watched President Reagan or Bush
demand less spending. Why not bring the President and the Congress
together at the beginning?
In terms of the emergency day fund, how many emergency supplemental
bills have really been just about emergencies? Not very many. This bill
has a real definition and actually does try to budget for emergencies.
I think that is a very positive step.
It does not have the 2-year budget biennium that we hope will be
passed on the amendment, but if we pass that, that will be a good step,
and I will speak later on other amendments as they come forward.
Mr. Chairman, I rise today to express my support for H.R. 853, the
Comprehensive Budget Process Reform Act, introduced by Congressman
Nussle. As a cosponsor of this legislation, I am very glad to see this
important measure considered here today.
The American people are sick and tired, like I am, of the same old
budget story coming out of Washington at the end of every year. The
process in which we now fund our government has become one big staring
contest--waiting to see who will blink first. Each year, hot political
issues and scare tactics are used to hold up and stall the federal
budget process so that at the end of the year some can attempt to cater
the final budget numbers to be most appealing to their constituencies,
regardless of whether or not the spending direction and levels are good
for the country as a whole. This political game must be ended and
sanity must be brought back to the federal budgeting process.
Since joining Congress, I have been a strong supporter of budget
process reform. I believe that budget process reform is an essential
key to reaching and maintaining a balanced budget. Passage of
meaningful process reform would leave its mark on this Nation for
generations to come. In fact, I have introduced budget process reform
legislation in this Congress, H.R. 2293, the ``Budget Enforcement
Simplification Trust'' Act, or the ``BEST'' bill. This legislation,
along with H.R. 853, recognizes the need for discipline and order in
making spending and revenue decisions at the federal level.
There are many issues that H.R. 853 addresses that should be central
to any budget debate. For example, I support the idea of a joint
resolution. A joint, rather than the current concurrent, resolution
would bring the President into Congressional budget deliberations and
make him accountable for its success or failure. And, because the
President would have the authority to veto an unacceptable resolution,
a joint resolution would require Congress to pay attention to
Presidential concerns. Unlike the current budget process, this new
framework would make both the Executive and the Legislative branches
stakeholders in the resolution's outcome and require them to agree on
overall spending and revenue levels, annual deficits, total debt
levels, and on the allocation of resources among budget functions and
committees.
I understand that an amendment will be offered today to strike the
provision in H.R. 853 that changes the budget resolution from a
concurrent resolution to a joint resolution. I would hope that my
colleagues would oppose this amendment and keep this important
provision in the bill.
I am also grad to see included in H.R. 853 the creation of a Reserve
Fund which would replace the ``emergency'' supplemental appropriations
bills which have become a catch-all for non-emergency spending schemes.
Disbursements will be only for certified natural disasters with tough
procedures to ensure spending on only its designed purposes. An
``emergency'' should not be defined as a requirement lacking budgeted
funds. Congress has become too reliable on labeling increases in
spending as an ``emergency'' designation, when in fact, the emergency
at hand does not coincide with the spending levels considered.
H.R. 853 also budgets for insurance programs on an accrual basis,
which is the budget records net cost or receipts on a present value
basis at the time the government commits to provide insurance. While I
did not offer a similar provision in my BEST bill, I also see merit in
this responsible treatment of insurance program transactions.
While Congressman Nussle's bill, H.R. 853, contains many similar
provisions to my BEST bill, there are a few differences in the two. One
main difference is the fact that my budget process reform bill calls
for a biennial budgeting process, while H.R. 853 retains the annual
budget and appropriation process.
I do want to elaborate some on this distinction between the use of
biennial budgeting as compared to an annual budget and appropriation
process. Today, an amendment will be offered by Rules Committee
Chairman Drier that will establish a two-year budgeting and
appropriations cycle and budget timetable. I appreciate the efforts of
Chairman Drier in working to offer this important amendment and feel
that this will go a long way to make an already good bill even better.
I urge my colleagues to support his amendment.
There are many sound arguments as to why and how biennial budgeting
would help make the federal budgeting process more reliable and
sensible. First of all, budgeting for a two year cycle would force
Congress to be more careful in their spending habits and encourage
members to be more responsible in the amounts and directions in which
they allocate taxpayer dollars. Far too often, pet projects are added
on to annual appropriations bills at the last minute, usually without
the proper scrutiny of Congress. With one budget process every two
years, the opportunities for that kind of spending would be cut in
half.
Federal agencies would also be more efficient and cautious in how
they use their funds because of the length and stability of their
funding over a two year cycle. In addition, Congress would be able to
exercise better oversight over these government agencies and programs
to ensure that the financial commitment involved is sound fiscal policy
for the country to undertake.
However, the most important aspect of biennial budgeting in my
opinion is not what enacting it would do for Congress, but rather what
it would allow Congress to accomplish. Each year, both parties state
the many goals and accomplishments they hope to pass in order to
improve the life of the American people. And each year, achieving these
goals are becoming more and more difficult because of the time that is
required to be spent on the annual appropriations process.
Imagine how productive Congress could be if instead of having to
deliberate over every dollar the government will see that given year,
we could commit more time to the different issues that most of us came
here to work toward. I want to spend more time helping small business
and small communities by cutting taxes and wasteful spending in our
government and pushing for legislative proposals that give more freedom
for the American people to work toward a better tomorrow. I think every
Member would tell you that he or she would like to have more time and
resources to pursue the types of issues that they were all sent to
Congress for in the first place. Biennial budgeting can help to make
that happen.
Again, I applaud this House for taking up budget process reform
legislation here today. It is time for Congress to free up this process
and allow this body to stand for more than annual appropriations
battles. It is time for us to start spending our time and the American
taxpayers' dime more wisely.
Mr. SPRATT. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Bentsen).
(Mr. BENTSEN asked and was given permission to revise and extend his
remarks.)
Mr. BENTSEN. Mr. Chairman, I rise in reluctant opposition to this
bill. I want to commend the gentleman from Iowa and the gentleman from
Maryland for their work on it, but I do not think this bill is fully
done.
I have to say, Mr. Chairman, that we can come up with any budget
process we want, but if the Members are not going to abide by it, it
will not make any difference in the world. We could be back here, and
probably it will not be any of us, but someone will be back in 10
years, if we enact this, saying, boy, the budget process is broken, we
have to change it again. It ultimately comes down to the Members of the
House and the Senate being willing to abide by it.
[[Page H3097]]
If we look at the reforms that were enacted in 1990, the pay-go and
caps, when those were put into law, Congress actually abided by those
for a number of years, until the Congress decided it did not want to.
It was not a single party, it was a bipartisan effort that led the way.
So whatever change is not going to make a good deal of difference.
Now, there are some good things in here dealing with emergency
spending, although some of the language was changed, which I will talk
to the gentleman from Iowa (Mr. Nussle) about later, I think the
accrual funding is good, but I do think this idea of moving the
goalpost, which is in effect what we have done, we have decided we are
going to move the goalpost back up the field 50 yards rather than
having it at the back, by having the fight with the President early on
rather than later. The problem with that is, I think, that they might
push the fight to the very end of the year and make it much more
difficult. It may work, it may not, but I do not think it solves the
problems that our colleagues are trying to solve.
I think they made an honest attempt. I do not think this bill is
fully done yet. And, again, this is a matter of human nature. Nothing
that we change in the process will make that much difference. So I
think we should send this bill back to committee and work on it some
more.
Mr. SPRATT. Mr. Chairman, I yield 2 minutes to the gentlewoman from
North Carolina (Mrs. Clayton).
(Mrs. CLAYTON asked and was given permission to revise and extend her
remarks.)
Mrs. CLAYTON. Mr. Chairman, I thank the gentleman for yielding me
this time. I oppose this bill as written, though I think it is indeed
well intended.
For more than half a century biennial budgeting has been considered
and rejected by many States. In 1940, some 44 States used biennial
budgeting. Today, less than half do.
The bill will cause harmful delays, reduce accuracy in forecasting
and planning, and obstruct legislative control in the budget process.
Under this bill, harmful delays will result because a joint resolution,
as is proposed, takes longer than a concurrent resolution, as is in
current law.
Worse, Mr. Chairman, under this bill, from the time items within a
budget are formulated to the time such items are implemented would be
extended in a way that no one could be assured of accuracy.
Budget cycles for Federal agencies could extend over 2- or 3-year
periods, and forecasting and planning would be affected by economic
swings, inflation, and unanticipated need. Fiscal control would become
elusive and fanciful. And, also, many of our colleagues believe we use
emergency spending measures far too often now. Imagine how often we
would be tempted to use emergency spending measures if we were unable
to get help to citizens in need due to the inherent sluggish budget
process. I welcome the amendment that addresses this issue.
Moreover, the President and small groups of legislators would
exercise inordinate power in a process where a determined minority
could frustrate the will of the majority.
Mr. Chairman, the goals of the Comprehensive Budget Process Reform
Act are laudable and we should commend the purpose of it. However, this
bill gives us little more than we already have and threatens much of
what we are required to do. Defeat this bill as it is currently
written. We seek to fix things that are not broken and will result in
breaking those things which we seek to fix.
Mr. Chairman, I rise in opposition to this bill.
For more than half a century, Biennial budgeting has been considered
and rejected by many states.
In 1940, some 44 states used biennial budgeting. Today, less than
half do.
Many states have considered and rejected biennial budgeting because
it causes harmful delays; reduces accuracy in forecasting and planning;
and constricts legislative control in the budget process.
Under this Bill, harmful delay will result because a joint
resolution, as is proposed, takes longer than a concurrent resolution,
as in current law. Not only would Congress be forced to await action by
the President to pass a budget, but appropriations bills could not move
until a budget is passed.
Current law, allowing appropriations bills to come to the House Floor
after May 15th is repealed by this Bill.
Mr. Chairman, many of our colleagues believe we use emergency
spending measures too often now. Imagine how often we will be tempted
to use emergency spending measures if we are unable to get help to
citizens in need due to an inherently sluggish budget process.
And, imagine the mammoth bills we would construct, with add-on
provisions of every sort and kind, while attempting to pass a budget
bill that must be passed before this Government can spend money.
Worse, Mr. Chairman, under this Bill, from the time items within a
budget are formulated to the time such items are implemented would be
extended in a way that no one could assure accuracy.
Budget cycles for Federal agencies could extend over two or three
year periods, and forecasting and planning would be affected by
economic swings, inflation and unanticipated needs. Fiscal control
would become illusive and fanciful.
Moreover, the President and small groups of legislators could
exercise inordinate power in a process where a determined minority
could frustrate the will of the majority.
Senate Rules, different from House Rules, would empower Senators in a
way never before seen.
Do we really want to surrender our role as representatives to the
President and small bands of Senators?
Mr. Chairman, the goals of the Comprehensive Budget Process reform
Act are laudable. But, we already have the authority to exercise
regular oversight and to adopt multi-year budget plans.
Why do we need a Bill to reaffirm that role? We have already stood
for the protection of Social Security. Why do we need a Bill to make
that stand again? We can already reauthorize or rescind spending
programs. Why must we restate that authority? And do we really want to
expose entitlement programs to the perils of biennial budgeting?
Mr. Chairman, we need, and the American people demand, predictability
in our budgeting; calculated choices in deciding how much, for what
purposes and when to spend; reliability as we proceed; and certainty in
how we operate as we shape the budget of the United States.
This Bill gives us little more than we already have and threatens
much of what we are required to do.
Defeat this Bill. It seeks to fix what ain't broke, and will result
in breaking what it seeks to fix.
Mr. SPRATT. Mr. Chairman, I yield 3 minutes to the gentleman from
Minnesota (Mr. Oberstar).
(Mr. OBERSTAR asked and was given permission to revise and extend his
remarks.)
Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding me
this time, and I compliment him on his leadership in standing up and
offering a rationale on this issue we can all heed.
The Budget and Impoundment Control Act of 1974 was crafted for the
purpose of giving the Congress a coequal role with the President in
setting the budget of the United States. That law created a process
whereby the Congress, after reviewing the administration's spending and
policy priorities, would establish priorities and investment levels
that reflect the appropriateness of our ideas, the people's body, and
the people we represent.
This bill turns that initiative on its head. The joint resolution
proposal brings the President into this Chamber and gives him three
cracks at the budget ball; his budget, our budget, and the
appropriation bills. That is a formula for failure. That is a formula
for surrender of the prerogatives of the legislative body to the
executive body.
Some of the advocates for this bill decry the 1990 budget summit,
but, ironically, they are creating a formula for annual budget summits.
Budget targets and committee allocations will be negotiated by the
Committee on the Budget, the House and Senate leadership, and the
President, without the participation of authorizing committees and the
rank-and-file Members of this body. Most of us will be shut out of the
process.
If my colleagues do not think so, think back on 1997. Three years
ago. Three years ago this week we considered the 1997 Balanced Budget
Act. Well, the gentleman from Pennsylvania (Mr. Shuster) and I offered
a substitute to increase highway and transit spending, adjusting the
deal by one-third of 1 percent. What did we hear? ``A deal is a deal,''
intoned colleagues on both sides of the aisle. ``Do
[[Page H3098]]
not break the deal,'' said a panicked White House, ``Stick to the
deal,'' said the Committee on the Budget.
At 2 a.m. in the morning, when I got a chance to debate the issue, I
said, ``Who is a part of this deal? Not me. Not the gentleman from
Pennsylvania. Not most of those in the Chamber. We did not have
anything to say about the deal. So why are we being asked to support
it?'' Well, that is where we will be if we pass this goofy idea.
{time} 1500
With this bill, we will be in that kind of debate every year,
eliminate functional categories from the budget resolution. We even
take away our ability to offer amendments to the leadership-negotiated
deal.
Well, the budget process is where we set our priorities, where we
decide what the values are for America. It sets the priorities for the
future. It is a process where every Member of this Chamber ought to
have a voice and a say and have an equal role. This proposition cuts us
out of that role. We ought to defeat this bill.
Mr. SPRATT. Mr. Chairman, I yield 1 minute to the gentleman from
Minnesota (Mr. Minge).
Mr. MINGE. Mr. Chairman, I thank my colleague for yielding me the
time.
Mr. Chairman, this proposal that we are considering this afternoon
gives us in the House of Representatives an opportunity to move ahead
with a very ticklish task of developing a budget and trying to improve
the rigors of the budget process in several different respects.
It is always easy to criticize progress and to say, oh, there is a
parade of horribles here. If we try something new and different, we may
have problems. Well, I submit that is really not the issue. The issue
is do we have problems with the way we are currently handling our
budget responsibilities. And indeed we do. The problems are legion.
One of them is that we do not find out until September or October of
each year whether or not we have agreement with the White House. So one
of the challenges is how can we move this dispute up to an earlier
point in the year. This particular proposal does that.
The same thing for emergencies. The same thing for accrual accounting
and a variety of other things that would represent improvements in the
budget process.
I urge my colleagues to vote in favor of this proposal.
Mr. NUSSLE. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Royce).
Mr. ROYCE. Mr. Chairman, I thank the gentleman for yielding me the
time.
Mr. Chairman, I rise in support of the Comprehensive Budget Process
Reform Act. While this bill will not fix everything that is wrong with
the budget process, I believe it is a step in the right direction.
The current economic trend we are enjoying will not last forever. Now
is the time to increase accountability for spending taxpayers' dollars,
strengthening enforcement of budgetary decisions, promote long-term
budget planning, and encourage fiscal discipline.
This bill requires a binding budget resolution to compel the
President and compel the Congress to agree, from the start, on levels
of spending and not at the last moment, as is currently done.
Furthermore, this bill forces both the Congress and President to
budget up front for long-term liabilities. It sets aside a strategic
reserve, something we should have done years ago instead of the
supplemental budgets that become Christmas trees. It closes existing
loopholes in budget enforcement.
In addition, it will limit the authorization of any new spending
program to not more than 10 years, and requires committees to submit a
plan for reauthorization for all programs within 10 years.
I urge my colleagues to pass these important reforms.
Mr. SPRATT. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Murtha).
Mr. MURTHA. Mr. Chairman, let me talk about my concern about this 2-
year budget process.
I think that the worst thing we could do is allow the executive
branch to have any more influence than they have. I mean, they send a
budget over to us. Every year we dispose of that budget in one way or
the other. If we dispose of it 1 year and we had 2 years, we would have
little or no influence over the departments.
I was talking to the gentleman from Connecticut (Mr. Larson) from
Connecticut. They used to have a 2-year budget. They have to open their
budget up every year and go through the same process they would
ordinarily. But the problem with then having influence with the
departments, they have no personnel in there, they would have none of
the things that they are really interested in in their budget.
So what they would be doing, the process things that are so important
to the changes that happen, the supplemental appropriation, all of the
things that they need to do to make sure that things are operating
smoothly would have to be taken care of every year. They would have to
open the budget up. And yet all their personnel and things they are
really concerned about would be taken care of every year.
Our Constitution is clear. We start the process. The Senate would
have an inordinate influence because they have no rules over there and
they would be able to add to any budget anything they wanted to add.
And if my colleagues believe that we can see ahead 2 years, we get more
changes from the Department of Defense, we get them before the
committee, and the only real ability we have over them is to say, look,
the budget is coming up and we will try to work things out. If we do
not have that leverage, we are not going to have an influence over the
Department of Defense or any other department at all.
But the one that is really going to benefit is the White House. The
White House is going to have that much more control. We pass about 95
percent of what they want. The control we have would be then limited.
I ask Members to vote against this idea, which I think sets us back
and reduces the influence of the House.
Mr. NUSSLE. Mr. Chairman, I yield to my friend, the gentleman from
Minnesota (Mr. Gutknecht).
Mr. GUTKNECHT. Mr. Chairman, I thank the gentleman for yielding me
the time.
Mr. Chairman, I am reminded of a Rodney Dangerfield line where he
comes home one night and his wife is packing and he says, ``What is the
matter, dear?'' She says, ``I am leaving.'' And he asked her, ``Is
there another man?'' She looked at him and said, ``There must be.''
When I look at this system that we have today, the way we put a
budget together, the way we are going to spend $1.83 billion this year,
I look at that and I say, there must be a better way. Because,
essentially, what we have now is we have no rules. I mean, the House
has one set of rules, the Senate has a different set of rules, and the
President of the United States has no rules.
What is the President's target this year?
If we do not have the same target, if we do not have the same rules,
how will we ever get there, how will we know where we are?
This is just simply a reform package that says we are all going to
have the same set of rules.
I submit that not a single Member of this body can defend the system
that we have today, let alone explain it. There must be a better way.
This, I think, is one better way. If my colleagues have a better idea,
we are willing to listen.
Mr. SPRATT. Mr. Chairman, could the Chair advise me how much time is
remaining on our side?
The CHAIRMAN. The gentleman from South Carolina (Mr. Spratt) has 3\1/
2\ minutes remaining, and the gentleman from Iowa (Mr. Nussle) has 4
minutes remaining.
Mr. SPRATT. Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, I will stipulate that the budget process is broken, and
I will stipulate that the gentleman from Iowa (Mr. Nussle) and the
gentleman from Maryland (Mr. Cardin) have worked in earnest and in good
faith to come forth with solutions, some of which I agree with, but not
all of them. In fact, I think there are provisions in this bill that
could compound our budget problems rather than solving them.
At the core of the bill is a new idea: that we make the budget
resolution a joint resolution rather than a concurrent resolution.
Basically, this means
[[Page H3099]]
that the President has to sign it before it is effective. And when and
if he does sign it, of course, it becomes law.
Now, frankly, I think that idea is not without merit. It could be the
device for bringing the President and the Congress together earlier in
the process rather than later in the process. But, in reality, we are
all politicians and we know that these budget compromises are usually
made at the 11th hour because that is usually when our back is against
the wall and we have to come to some kind of decision.
The chances are that we would not have an agreement, not have closure
with the White House, particularly in a divided government. And, in
that event, this bill would not facilitate the process, it would not
improve the process; it would only delay the budget process well into
the month of June.
Now, if a joint resolution which becomes law is the chosen vehicle
for the budget resolution, it also becomes a moving vehicle which is an
occasion for passing all sorts of laws, not just budget laws, but other
things too.
The text of the bill recognizes this problem and tries to prohibit
these extraneous matters from being attached to the budget resolution.
But we all know that the Committee on Rules in this House is master at
overruling such prohibitions, waiving points of order. And in the
Senate, the other body, there are hardly any germaneness rules, and 60
Senators can override anything.
So this moving vehicle becomes a vehicle for passing all kinds of
laws. It opens the door to one-shot riders, such as some prohibition on
abortion spending across the board, and to major legislation.
The President and the leadership might get together and decide they
want to ram something through in a hurry, bypass the authorizing
committees. That is why the Committee on Transportation, among others,
has said this has insidious potential, this could open the door to all
kinds of diversions.
What do we get if we do make it through this process, if this joint
resolution does, in fact, get adopted? We get a shell of a resolution.
The irony of this bill is they elevate the status of it to a law, and
then they gut it if it is meaningful content.
What we get is about six or seven numbers. This debate is not about
programmatic choices, it is about numbers. And because this particular
bill would take the budget functions and put them in the report; would
take the one power that the committee has, the power of reconciliation
directives and put that in the report and downgrade the status of the
two, we diminish the status of the debate on the floor.
The one opportunity when we come to the floor and have a debate on
programmatic priorities is taken away from us, because we are not
talking about programmatic priorities. There are no more budget
functions in the resolution before us. They are just aggregate numbers,
discretionary spending, defense spending, nondefense spending,
surpluses, and things of that nature.
So, this takes us back, it does not take us forward. I do not think
this is an improvement on the process. That is why I think we should
vote down the base bill and go back to work on real solutions to our
budget problems.
Mr. NUSSLE. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Cox), my friend who wrote the original budget process
reform bill quite a few years ago.
Mr. COX. Mr. Chairman, I want to thank the gentleman from Iowa
(Chairman Nussle), the chairman of the task force that is bringing this
legislation to the floor; as well as his colleague, the gentleman from
Maryland (Mr. Cardin); the gentleman from Ohio (Mr. Kasich), chairman
of the Committee on the Budget; the gentleman from Texas (Mr.
Stenholm), who, on the Democratic side, did so much work on this bill;
the gentleman from New Hampshire (Mr. Sununu); and the gentleman from
California (Mr. Radanovich), Members who spent a great deal of time
making this happen.
A dozen years ago, Mr. Chairman, President Reagan stood at the
rostrum just before us addressing Congress with his State of the Union
message and he demanded that Congress reform the incomprehensible
Budget Act of 1974. President Reagan submitted legislation to do just
that.
I know, because, as a White House counsel, I drafted that
legislation, brought it to Capitol Hill, and then 2 years later, as a
Member of Congress, had the opportunity to introduce it here, with over
100 sponsors.
By the 105th Congress, that legislation had over 200 sponsors. And
thanks to the leadership of the Members whose names I have just
recalled, this bill is on the floor today 14 years later.
The ideas are the same. Rationalize this budget process. Make it a
law, not a nonbinding resolution. Give us discipline. Plan for
disasters. All of these reforms are in this legislation. It is the most
important vote, perhaps, that we will cast this year. I urge an ``aye''
vote.
Mr. NUSSLE. Mr. Chairman, I yield 1 minute to the gentleman from
Texas (Mr. Stenholm).
(Mr. STENHOLM asked and was given permission to revise and extend his
remarks.)
Mr. STENHOLM. Mr. Chairman, I rise in support of this bill. It is not
a perfect bill, but it is a good bill.
I would like to focus my comments on a provision that I have
supported since I came to the Congress, a sunset requirement that
requires Congress to review all programs at least every 10 years.
The bill also provides that any new program created by Congress ought
to have its authorization limited to no more than 10 years.
There is no provision in H.R. 853 that would terminate any current
programs under any circumstances. I cannot understand why some of my
colleagues are opposing such a common sense requirement.
I am very disappointed that some have resorted to scare tactics,
suggesting that this bill would somehow threaten veterans' programs,
student loans, Social Security, or Medicare.
The bill does no such thing. It simply requires that we, as Members
of Congress, do our job in reviewing Government programs, see what is
working, see what is not working, figure out what needs to be changed,
what else we should be doing at least once every 10 years.
The Committee on Agriculture already lives with this requirement.
Every 5 years we have a farm bill. This requirement that the farm bill
be reauthorized every 10 years does not threaten agricultural programs.
I do not see why some suggest this bill does.
Support it.
The CHAIRMAN. The gentleman from Iowa (Mr. Nussle) has 2 minutes
remaining.
Mr. NUSSLE. Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, I have an opportunity here to fix something that is
broken. That is why I proposed the particular bill that I did in a
bipartisan way with so many different Members.
The excuses today are flying. Everyone says, well, the process is
broken. Everybody admits it. There are very few coming to the floor
today suggesting that it is not. The question is how do we fix it.
Most of the excuses regarding this particular method of fixing it
surrounds whether or not the President should be involved in the
process. And the complaint is that the President should not be involved
in this process.
Well, wake up, my colleagues. The President is involved in this
process. First, he has got to propose the budget. That is the first
thing that has to happen.
Is it a realistic budget? I would submit to my colleagues that there
has not been a President probably since the 1970s that did not submit a
political document as their draft. I see my very good friend the
gentleman from Wisconsin (Mr. Obey), the ranking member of the
Committee on Appropriations, nodding his head.
{time} 1515
Both parties, is that not true? That is what is wrong. This is not a
political exercise. This should be a practical exercise. Can you
imagine a family paying its bills for the mortgage, for the lights, for
the gas, for the water, paying for their kids to go to college and at
the end of the year they gather all those checks together and they say,
``Oh, we've got a budget. Just add all these up and that's our
budget.'' That is basically what we do here. That it is okay to have
the President involved at the end of the process but not at the
beginning of the process I suggest to
[[Page H3100]]
my colleagues is a fallacy. We need to include to make this process
responsible to the White House and the Congress early in this process.
There have been some that have suggested that in fact there would be
a summit meeting. Well, heaven forbid we would actually have a
conversation with the White House, be they of any particular party,
prior to the last possible moment of the year when three or four people
get to sit in a room and write the final bill.
Folks, wake up. The process is broken, it needs to be fixed. This is
an opportunity to do so. Vote for the bill.
The CHAIRMAN. The time allocated to the Committee on the Budget has
expired. It is now in order to conduct the portion of the debate
allocated to the Committee on Appropriations.
The gentleman from Florida (Mr. Young) and the gentleman from
Wisconsin (Mr. Obey) each will control 10 minutes.
The Chair recognizes the gentleman from Florida (Mr. Young).
Mr. YOUNG of Florida. Mr. Chairman, I yield such time as he may
consume to the gentleman from Alabama (Mr. Callahan).
Mr. CALLAHAN. I thank the gentleman for yielding me this time, Mr.
Chairman. I am reminded, since one of my predecessors at this dais
today talked about Rodney Dangerfield, I read a comic strip once in Dog
Patch, Little Abner. It seems they had a problem going in the Dog
Patch. There was a gigantic curve, an S curve on the steep embankment
and people were always running off the embankment. They were breaking
their arms and their necks and their legs. So they formed a committee
such as has been done here today and they came up with a resolve. The
resolve the committee came up with was to build a larger hospital. That
does not solve the problem. Neither does this underlying bill here
today resolve a problem.
How could anyone in the United States House of Representatives not
understand the Constitution sufficiently to be against this measure?
Why delegate what authority you have as Members of the Congressional
body to the President of the United States regardless of who he is?
Some of us hope we have a Republican President in the next 4 years and
therefore we would be advantaged, you might think. But the fact that we
are delegating all of our constitutional authority is absolutely wrong
and a big mistake.
What we are seeing here today are the same things that the Committee
on the Budget has been leaning toward for a great number of years. They
want to authorize and they want to appropriate. Now they want to lock
in their suggestions, their power by getting the President of the
United States involved in the process. This issue that we are debating
today is not something for next year, it is not something for a
biennial budget, it is a law that will be here until it is repealed by
the Congress of the United States and some future President signs it,
which you would never get a President to do. He would veto a repeal of
this mistake if indeed we were to pass it.
I urge my colleagues today to take a close look at what they are
doing. There are many things in this bill I support. I support biennial
budgeting, for example. Some of my colleagues are against biennial
budgeting. But we can bring up biennial budgeting and we can debate
that issue without involving this complicated, new idea that a great
many members of the Committee on the Budget have come up with as a way
to resolve a problem.
This is not the resolve. This is causing a greater problem for this
Congress and leading us into dangerous territory when we delegate our
constitutional authority to the administrative branch of government. I
urge my colleagues to vote against the underlying bill.
Mr. OBEY. Mr. Chairman, I yield myself 5 minutes.
Mr. Chairman, absolutely the budget process is broken. The problem is
that what is being proposed today will make it even worse.
The major argument that is being used for adopting this proposal is
that too much time is spent in the budget and appropriations process
and we have to find a way to shorten it. By making the budget a joint
resolution which requires a signature by the President rather than a
concurrent resolution which does not, you double the length of time
that it will take for us to finish our job, because it requires
Congress to reach agreement with the President not once but twice
during each budget cycle, once on the budget resolution and the second
time on each and every appropriation bill that will work their way
through here. That is a prescription for having us never finish our
budget business.
Secondly, we also have the problem of 2-year budgeting, which
apparently is going to be attached to this proposal. The problem that I
see when you move to 2-year budgeting is that we wind up living in a
permanent racetrack of supplementals. We have too many supplemental
appropriations now when we set the budget for a year in advance. If you
set the budget for 2 years in advance, the world is not static, wars
happen, disasters happen, economic disruption happens, and that means
we will be required to push through more and more supplementals. When
that happens, there is a huge shift of power that takes place if we are
in a 2-year budget versus a 1-year budget.
First of all, we will transfer an unparalleled amount of power to the
Senate, because Senators do not have to work under a rule of
germaneness. If we pass an education supplemental through here, the
Senate can go through and add anything they want to it because they do
not have a rule of germaneness. We have a Committee on Rules that
requires a rule of germaneness. That fundamentally transfers power to
the Senate.
Secondly, we have a total abdication of power to the agencies. It is
hard enough right now to get unelected agencies to follow the
instructions of the elected officials of the Congress. And if they do
not have to pay any attention to us until the last 18 months of a
budget cycle, you know that they will be even more obstreperous than
they are right now in dealing with Congressional intent in any
legislation. To me, that creates an even more unresponsive government
than we have right now.
I would make just this one point. We are the last independent
legislative body on the face of the Earth. The reason we are is because
we hold tightly and fiercely to the power of the purse. It is only when
you have the power of the purse firmly in the hands of this House that
this House can meet its constitutional responsibilities to protect
liberty, to protect justice and to protect the country against the
abuse of power that comes from anyone who does not have to seek anyone
else's approval for their conduct.
It is no accident that every President for as long as I have served
here, including the one who serves now, wants to see 2-year budgeting
and wants to see a joint resolution approach to the budget. It is
because Presidents by nature want all the power--95 cents out of every
dollar in every budget we have passed except 2 over the last 20 years
has gone where Presidents have wanted that money to go. The other 5
percent is the difference between having a President and having a king.
And when you move from 1-year budget to a 2-year budget and when you
move from a resolution which is a congressional product to a resolution
that requires the blessing of the President, then he controls the
process at every juncture. And when we allow that to happen, we violate
the very constitutional oath that we took to uphold the Constitution
and within it Article I, which speaks to the duty of the Congress to
stand independent, not on our behalf but on behalf of the people we
represent.
Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the
distinguished gentleman from New York (Mr. Walsh).
Mr. WALSH. Mr. Chairman, I thank the gentleman for yielding me this
time on this critical issue of importance to this House and to the
balance of power in this country. I could not agree more with my
colleague from Wisconsin who just spoke. There are many, many times
when he and I disagree, many, many times. But on this he has never been
righter. At the heart of this is the constitutional power of the House
of Representatives.
Just a couple of thoughts, Mr. Chairman. The Budget Act of 1974, it
was a reform. This also is posed as a reform. Since that reform in
1974, we have created $5 trillion in deficit spending. So that budget
reform has been a disaster.
[[Page H3101]]
The second item is by allowing for 2-year budgets, we are now going
to have to make assumptions on revenue and spending over 2 years. We
cannot get it right over 1 year now. How in God's name are we going to
plan for 2 years? So we go to a 2-year budget, we do not get our budget
completed, we run on these automatic continuing resolutions. It is a
mindless, Band-Aid approach to budgeting. We lose all incentive to
resolve the budget issues each year because we go on automatic pilot.
What happens when we are on automatic pilot? One supplemental
Christmas tree after another. Without the thought process that goes
into the authorizing bills and the appropriations bills, we are on
automatic pilot, we conjure up these supplementals, we cover them up
with Christmas tree ornaments at the taxpayers' expense to get them
through the process, and we completely blow the budget process even
further wide open. If we want to continue to produce trillions and
trillions of dollars in deficit spending, this is the right reform, Mr.
Speaker, but if we want to exhibit and exert fiscal control, allow us
to continue annually, one year at a time, to create a budget and to do
it with the proper balance by using the authorizing committees to
authorize the appropriations and the appropriations process to continue
as it has the past several years in a proper way.
Mr. OBEY. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Connecticut (Ms. DeLauro).
Ms. DeLAURO. I thank the gentleman for yielding me this time.
Mr. Chairman, I rise in opposition to the Dreier amendment and I rise
in opposition to the underlying bill and in support of responsible
budgeting that meets America's priorities and reflects their values. I
understand the concerns of this amendment's sponsors and I support
their goals. Vigorous Congressional oversight is vital if we are to
safeguard public funds and ensure that Federal agencies follow
Congressional directives. But biennial budgeting will not improve
oversight or guard against increased spending. In fact, it will have
the opposite effect. Biennial budgeting will reduce the oversight that
the Congress has over government spending.
Agency heads, Cabinet secretaries, administrators, they all have to
come to the Congress every year to justify their requests, to explain
their actions, and to face tough questions. Why would Congress want to
relinquish the power of the purse strings? With the biennial budgeting,
these agencies have to only come every 2 years. We would have then less
assurance that the agencies will spend money in the right way.
I also challenge the principle in the underlying bill of sunsetting
entitlement programs after 10 years. Does this include Social Security
and Medicare? Why do we want to sunset Social Security and Medicare and
deal with it every 10 years? Yesterday we had indication that there are
those who would privatize the Social Security system. Is this another
way in fact to threaten those bedrocks of our commitment generationally
to seniors in this country? It makes no sense at all for us to be
talking about sunsetting Social Security or Medicare or other
entitlement programs every 10 years.
{time} 1530
This is a blueprint for bad budgeting. It fails to meet the needs of
Americans. Support responsible budgeting that is responsive to the
needs of working families. I call on my colleagues to reject the
underlying amendment and to reject the Dreier amendment.
Mr. YOUNG of Florida. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, last year a similar bill was introduced. The Committee
on Appropriations asked that it be referred to the committee, and,
after thorough consideration, we reported the bill with a negative
recommendation.
Some of the things that we were concerned about have now been taken
out of this basic bill, which makes us a little more happy. However,
there are amendments made in order that would restore some of those
items that we really do not want to see in this bill. So we will deal
with those as they come.
I was going to use this chart later in the debate on the two year
budget amendment, but I want to use it now since the gentleman from
Wisconsin (Mr. Obey) made such a compelling case as to how this bill
would drag out the the budget process by involving the executive branch
of government at this early stage.
What I want all of our colleagues to know is if you look at this
chart, every one of these months that are colored red are days that the
Committee on Appropriations lost in dealing with its 13 appropriations
bills. We lost all of that time, 6\1/2\ months, before we could even
begin our work because we did not have a budget resolution. Until we
have a budget resolution which allows us to make our 302(b)
assignments, we cannot begin the actual markup of our legislation.
Now, if you look at the green color, that is how many days have gone
by since we got the 302(a) allocation. Since that time, the committee
went to work very rapidly. We have already marked up six of our 13
bills in subcommittee, and we have already marked up four of our major
bills in committee. We already passed earlier today one of our primary
bills, and we have others prepared to go to the floor. So we have done
that much appropriations work in the couple of weeks that are colored
green.
If we extend the time it takes before we can actually begin our work
for another 2, 3 or 4 weeks, we are not going to be able to get to the
end of the fiscal year and have our work completed. We promised the
leadership on both sides of the aisle that we would complete our work
expeditiously, and we are well on target to do that. Any further delay
in the budget process takes time away from the appropriations process,
and, Mr. Chairman, time is not on our side, as you can see from this
calendar.
So rather than finding ways to extend the length of the budget
process, we should be trying to find ways to reduce the time of the
budget process, to give more time for the Committee on Appropriations
to deal with the 13 appropriations bills in subcommittee, in full
committee, on the House floor and in conference committee with the
other body.
Mr. OBEY. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, I often quote my friend Archie the cockroach, and
Archie said once, ``Did you ever notice when a politician does get an
idea, he gets it all wrong?'' I think that can be said of the remedy
that is being proposed for the budget process problems.
But Archie also said something else that I think is useful in this
context. He said, ``Man always fails because he is not honest enough to
succeed. There are not enough men continuously on the square with
themselves and with other men. The system of government does not matter
so much. The thing that matters so much is what men do with any kind of
system they happen to have.''
That would be my message with respect to the budget resolution.
Whether we get our work done on time depends on how serious we are, it
depends on how political both sides of the aisle are, and it depends on
what determination we have to compromise.
The problem with this proposition which is being set up today is that
if a President does not want to compromise with the Congress on a
budget, he can delay his approval of the initial budget resolution
forever before he signs it. And then after he signs it, he can delay
action on every appropriation bill again, and it strings you out
forever. I would say to my conservative friends here, I do not think
that is the result that you want, but that is the result you are going
to get if this proposition passes.
I would also say that every authorizing committee needs to understand
that they will be out of business if this proposition passes, because
Senate authorizing chairs who have not been able to have their way with
House authorizers, when the budget resolution goes to the Senate they
will say (because they operate in a body that has to run on unanimous
consent so that any one Member can throw a monkey wrench into the
gears) so every authorizing Chair will be able to say, ``Mr. Leader, if
you don't put my authorizing bill in here, if you don't put my banking
bill in, if you don't put my farm bill in, if you don't put my interior
bill in, I `ain't' going to vote for your budget resolution.''
That means that every House authorizing committee will be dealing
with a Senate authorizing committee in a
[[Page H3102]]
budget summit situation where they get buried in larger issues, and
that is not the way this Congress is supposed to run.
The reason this Congress survives as a vibrant institution is because
of each of our individual expertise which we apply to the areas that we
work with in our committees. I urge you not to destroy that by putting
the President in the middle of it all.
Mr. YOUNG of Florida. Mr. Chairman, I yield 1 minute to the
distinguished gentleman from Michigan (Mr. Smith).
Mr. SMITH of Michigan. Mr. Chairman, I thank the gentleman for
yielding me time.
Mr. Chairman, just following up a bit on what the gentleman from
Wisconsin (Mr. Obey) suggested, what is eventually going to make us
successful in the way we budget, in the way we appropriate, in the way
that we oversee administration, is the willingness of the Members of
Congress, of the House and the Senate, to be more diligent, to have
some guts, to have some intestinal fortitude, to make sure we are doing
the right thing to best of our ability. Whether you have a 1-year
budget or a 2-year budget, whether you have the President sign on to
something early on or later on, if Congress wants to be, excuse the
expression, lazy and shift more power to the administration, we are
going to lose what made this republic great in the first place. Our
forefathers, when they wrote this Constitution, gave us a powerful
legislative branch and a less powerful executive branch. Biennial
budgeting puts this at risk and may diminish us in terms of our
effectiveness as a democracy and a republic.
Mr. YOUNG of Florida. Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, I would just urge the Members to pay very close
attention to the debate today. We are not talking about just a run-of-
the-mill piece of legislation. We are talking about a decision that
this House would have to live with for a long, long time in policy and
procedure on some of the most important things that we do.
Mr. Chairman, of all the legislation we consider, the bills that
really have to pass are appropriations bills. So let us be careful that
we do not create some procedure or way to conduct a budget process, an
appropriations process, that cannot work, that results in longer delays
than under the current budget process.
I just ask Members to be very careful in how they listen to the
debate and how they choose to vote on some of the amendments and on the
final package, whatever condition that final package is when we go to a
final vote.
The CHAIRMAN. The time allocated to the Committee on Appropriations
having expired, it is now in order to conduct the debate on the time
assigned to the Committee on Rules.
The gentleman from Florida (Mr. Goss) and the gentleman from
Massachusetts (Mr. Moakley) each will control 15 minutes.
The Chair recognizes the gentleman from Florida (Mr. Goss).
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would like to focus my time on a couple of the rules
changes in H.R. 853 that are designed to increase accountability. We
think that is a reform. Accountability in Federal spending we think is
something that most taxpayers feel we can do better about.
Not surprisingly, some the reforms have been demagogued by opponents
of accountability, in my view fostering unwarranted anxiety among some
of our Nation's students, perhaps, and some of our veterans and some of
our senior citizens, if they have not gotten the full understanding of
what is actually in front of us. There is no need to worry. We are
advocating good oversight and advocating more accountability, and I
think all of those groups, in fact, all Americans, favor those types of
accomplishments here.
Currently our rules state you cannot appropriate money unless a
program has been authorized first. That is the normal order. Despite
this rule, however, in FY 2000 we appropriated $120 billion in taxpayer
money to 137 programs that lack authorization. Now, that is just by our
count. Probably somebody else could find more unauthorized programs,
unauthorized programs that were funded in the appropriations process.
To encourage committees to do a better job, we think that H.R. 853
adds a requirement that they provide specific timetables for
authorization of those programs under their jurisdiction, and we have
picked a 10-year time period, thinking that is a very fair chunk of
time. While we still will be able to waive the rule and no program will
be punished, as is the situation now, we think that providing some
added sunshine in a 10-year period with oversight is going to give us
greater accountability, and it certainly is going to create an
incentive for more accountability and for the authorizers to do their
jobs.
Another rule changed would simply require that any new programs have
a fixed year authorization. In our view, it makes sense that Congress
should take a look at new programs it creates. We do not get it right
every time the first time it turns out, and so maybe making a
requirement that if we have a new program every 10 years or so, we
ought to take a look at it and see if it is working and doing what we
actually thought it was supposed to do.
But, be clear, no matter what, the school lunches are still going to
be served; we are still going to have senior prescriptions; we are
still going to have our veterans services, and everybody getting their
benefits. It is all going to happen. This process is not going to
change that. There may be votes about policy change or appropriations
amounts, but the process is not going to take away anything from
anybody, and, hopefully, will give benefits to people that they lack
now in terms of greater accountability and oversight.
I think to argue otherwise indicates either a lack of understanding
about how things really work here, or, worse, a desire perhaps to
exploit anxieties for partisan reasons to some of our most vulnerable
Americans. In either way, that is wrong, not acceptable, and not part
of the spirit of the good substance we are trying to accomplish in this
legislation.
I encourage all Members to read the details of H.R. 835 before voting
later this evening. It is a good bipartisan bill that promises nothing
more than a better framework within to make our budgetary decisions. We
have the joint budget resolution, we have the emergency rainy day fund,
baseline budgeting reform, budgeting for unfunded liabilities, the Byrd
rule reform, increased authorization oversight requirements, a lot of
things we talk a lot about here. Well, we have brought them to the
floor for debate, we are going to debate them under the rule and have a
chance to vote them up or down.
On top of that, there are several other issues that we did not
include in the bill because we knew they were controversial, but we
know that they will be debated in the amendment process, or we assume
they will. I think of the lockbox, the continuing resolution and those
types of things, we will be able to debate those too. So we will have
some accountability on where we really stand when we talk about reform
of our process here. I think that is a good outcome, and I think
certainly worth our time.
Mr. Chairman, I reserve the balance of my time.
Mr. MOAKLEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this bill really hides an inability to govern behind
procedural changes, and I urge my colleagues to oppose it. This bill
changes our current budget resolution from a concurrent resolution to a
joint resolution. The difference between the two is a concurrent
resolution is created by Congress to guide the way through a budget
process, whereas a joint resolution, on the other hand, is signed by
the President and becomes law.
{time} 1545
Because it must be agreed upon by both the Congress and the
President, a joint resolution necessarily takes much longer than a
concurrent resolution.
Mr. Chairman, our budget process is already slow enough. Under this
bill's proposed joint resolution, the Committee on Appropriations
cannot begin their work until a budget resolution is worked out and
that, Mr. Chairman, as pointed out by the gentleman from Florida (Mr.
Young), could take an awful long time.
[[Page H3103]]
If my Republican colleagues had a history of finishing the
appropriation bills well before October 1, this proposal would not seem
quite as ridiculous, but as it stands now the history leaves a bit to
be desired.
In the 104th Congress, my Republican colleagues, led by Speaker
Gingrich, refused to compromise and failed to enact the 13
appropriation bills on time, and as a result they shut down the Federal
Government for a period of 28 days.
In the 105th Congress, my Republican colleagues compromised on
everything and passed a bloated omnibus bill that still has people
shaking their heads.
Last year, my Republican colleagues could not reach agreement amongst
themselves and as a result they failed to pass a budget resolution for
the first time since the Budget Act was enacted back in 1974.
This year, my Republican colleagues have already given up on keeping
spending below their caps and at some point, Mr. Chairman, Congress
must summons the will to make the budget process work. It is not the
fault of the Budget Act that we cannot fund everything we would like to
fund and still reduce the deficit. Congress must make that tough
decision, and there is just no way around it.
Another way my colleagues are hoping to avoid budget decisions is by
making them far in advance. My good friend, my chairman, will offer an
amendment to change our system to a biennial system. The biennial
system will cover a much longer period of time and therefore will need
to be debated for even a longer period of time.
It eliminates one year of Committee on Appropriations review. It
tightens the reins on executive branch officials. Furthermore, Mr.
Chairman, budget predictions are notoriously inaccurate. If we limit
ourselves to making budget decisions every other year, our projections
will be even further off the mark.
It is a radical change from our current system and if my colleagues
are determined to make these changes, I would urge them to proceed
slowly.
Mr. Chairman, I urge my colleagues to oppose this bill.
Mr. Chairman, I reserve the balance of my time.
Mr. GOSS. Mr. Chairman, I yield such time as he may consume to the
gentleman from Georgia (Mr. Linder), the distinguished chairman of the
Subcommittee on Rules and Organization of the House of the Committee on
Rules.
Mr. LINDER. Mr. Chairman, I rise in strong support of the
Comprehensive Budget Process Reform Act and I want to congratulate my
colleagues on the Committee on Rules, the gentleman from Florida (Mr.
Goss) and the gentleman from California (Mr. Dreier) for their
commitment to these reforms and specifically their efforts to craft the
amendment to establish a 2-year budgeting timetable.
The Comprehensive Budget Process Reform Act is an important
institutional reform that will strengthen the enforcement of budgetary
controls, enhance accountability for Federal spending, set aside funds
in the budget for emergencies and alleviate the tendency toward higher
spending.
Specifically, I want to comment on the biennial budgeting amendment
that will create a 2-year budget cycle. Before acting on these historic
budget reforms, the Committee on Rules held two days of hearings on
budget process reform and an additional 3 days of comprehensive
hearings focused solely on biennial budgeting. Over and over again, we
heard testimony that not only would biennial budgeting not diminish the
role of Congress in the budget process, but that it would actually
improve legislative branch management of Federal spending.
For example, Dan Crippen, Director of the Congressional Budget
Office, stated that ``It seems unlikely that agencies would be less
responsive to the Congress simply because they would be requesting
regular appropriations every other year. Also, a biennial budget cycle
by setting aside time for Congressional action on oversight and
authorizing legislation might relieve the appropriations process of
time consuming debates on substantive policy issues which can actually
improve Congressional control of spending.''
Congress will continue to decide, down to the account level, the
exact amount of spending in every appropriation bill just as is done
under current law. In fact, biennial budgeting may enhance Congress'
control over the budget since the process gives legislators an
increased opportunity to review existing policies and expenditures.
On the topic of increased opportunities to review programs, we have
taken testimony in the Committee on Rules and in my subcommittee on the
need to dramatically increase what is clearly a priority responsibility
of ours: The issue of programmatic oversight. In addition to saving
time and resources, I strongly believe that this bipartisan, biennial
reform proposal will improve oversight and management of Federal
spending.
Specifically, the Dreier-Luther-Regula-Hall amendment will permit
committees to concentrate on budget and appropriations in the first
session, and authorization and oversight in the second session. The
1993 Joint Committee on the Organization of Congress, led by our former
colleague Lee Hamilton and the gentleman from California (Mr. Dreier),
chairman of the Committee on Rules, recognize that the current budget
system is not working effectively and recommended biennial budgeting as
a key reform.
In hearings of the Committee on Rules in March, OMB Director Jack Lew
stated that ``The primary potential benefit from biennial budgeting is
that by concentrating budget decisions in the first year of each 2-year
period, time would be freed up in the second year that could be
redirected to management, long-range planning and oversight.''
The bipartisan biennial budget amendment will also put the
requirements of the Government Performance and Results Act on a logical
timetable in conjunction with the development of budgets every 2 years.
Under the new timetable, the GPRA reporting requirements would come
at the most optimal time of the budget process to provide committees
with the opportunity to utilize the performance information. As a
result, we will deliver more efficient services to the American people
in the most effective way.
Under the biennial timetable, the President's budget will be
submitted to Congress with biennial governmentwide performance plans
and reports and agencies will submit separate biennial performance
plans. The process will effectively give authorizing committees the
opportunity to include their views of the GPRA plans and reports as
parts of the views they submit to the Committee on the Budget.
Utilizing GPRA in this manner will improve performance by letting us
examine the program structures that Congress has put into place to
achieve better results for the American people.
It appears clear that the Federal Government is too often preoccupied
with budget matters and has limited time to manage and oversee Federal
programs or concentrate on long-term planning. In an effort to
streamline the budget process and enhance Congressional oversight of
Federal programs, I urge strong support for the biennial budgeting
amendment and final passage of this historic institutional reform.
Mr. MOAKLEY. Mr. Chairman, I yield 3\1/2\ minutes to the gentleman
from Minnesota (Mr. Minge).
Mr. MINGE. Mr. Chairman, I thank the gentleman from Massachusetts
(Mr. Moakley) for yielding me this time.
Mr. Chairman, this afternoon we are debating budget reform
legislation. I do not think there is a Member of this Chamber that has
not been embarrassed by the performance of the House of Representatives
and the Senate in the last 5 years in the handling of the budget. We
have had massive agreements with the White House, late in the night,
late in the session, thousands of pages. We are being asked to vote on
things that we have not had an opportunity to analyze. It is an
embarrassment to the institution.
We recognize that we must reform the way we do business, and, yes, it
could be that if we acted in a much more expeditious fashion earlier
under the current budget framework we would not have these problems,
but unfortunately it does not seem to be within our power to do that.
I also know that it is tempting to blame the other side of the aisle,
to say that therein lies the problem, and assume that on our side of
the aisle it
[[Page H3104]]
would not be a difficulty if we were only in the majority.
Well, I think that we are deluding ourselves. Certainly part of the
problem that we face in enacting budgets on a timely basis, in handling
the appropriations bills on a timely basis, is attributable to human
nature and the difficulty of making decisions and the need to bring
things to closure in the heat of the final moments of a session, but
this piece of legislation that we are considering today is an effort to
move us towards an improved process. It is an experiment admittedly,
and like all other experiments there are risks in trying it, but I
think that when we recognize the enormity of the problems that we have
had and the potential for improvement, it is worth taking that risk.
We talk about the powers of Congress. Now we are comprising the
powers of Congress, the prerogatives of Congress, giving more power to
the White House, the executive branch. I submit there is nothing that
compromises Congress' power in the long-term than the embarrassment of
not timely dispatching our affairs.
We need to make progress, and whether or not this would be progress
would remain to be seen, but I submit it is worth taking the chance,
and therein lies the debate over whether it should be a joint
resolution or whether we should continue with the concurrent resolution
such as we have had.
There are many other things in this legislation that go beyond the
joint resolution issue and the role of the President earlier in the
process. I urge my colleagues to recognize that the way that this
legislation deals with emergency spending, the way it deals with
emergency spending, the way that it deals with accrual accounting, the
way that it deals with the baseline and the so-called Byrd rule and
other issues, represents a very dramatic and significant improvement
over the current budget process.
This bill has been a bipartisan bill in that it was developed by a
bipartisan subcommittee of the Committee on the Budget and this ought
to have bipartisan support this evening. It ought to be approved.
Mr. MOAKLEY. Mr. Chairman, I yield 2 minutes to the gentleman from
Alabama (Mr. Callahan), the chairman of the Subcommittee on Foreign
Operations, Export Financing and Related Programs.
Mr. CALLAHAN. Mr. Chairman, I thank the gentleman from Massachusetts
(Mr. Moakley) for yielding me this time.
Mr. Chairman, let me just say that maybe we ought to all take a good
close look at our Constitution and the makeup of the United States
House of Representatives. We are each elected every 2 years for one
session of the Congress. The people who wrote the Constitution and
drafted this government that we have, which admittedly is the best
government mankind has ever known, said that we would be elected for
one session of the Congress. It also says we will have an
organizational session and we will elect our leadership and that we
will establish our rules.
Each session of the Congress gives the Members of that Congress the
authority to set their own rules. If they want biennial budgeting,
there is nothing from prohibiting them from establishing a rule in the
next session of the Congress, including those Members of the next
session of the Congress, to have biennial budgeting for that one
session of the Congress. They establish their own rules at each session
of the Congress, and what we do here today with this underlying bill is
to say that we are going to hamstring future sessions of the Congress.
We are going to tell the Members of the next session of Congress, which
will convene in January, that they do not have a sufficient intellect
level to establish their own rules.
Instead, we are going to say that this session of the Congress is the
more brilliant than any succeeding session and, therefore, they must
obey the rules that we think are best for them.
This is a wrong Constitutional area that we are debating, and we
should vote this issue down unanimously.
Mr. GOSS. Mr. Chairman, I yield such time as he may consume to the
distinguished gentleman from Ohio (Mr. Regula), the chairman of the
Committee on Appropriations Subcommittee of the Interior.
(Mr. REGULA asked and was given permission to revise and extend his
remarks.)
Mr. REGULA. Mr. Chairman, I thank the gentleman from Florida (Mr.
Goss) for yielding me this time.
Mr. Chairman, I have been a long-time advocate of 2-year budgeting as
a management tool. We are the directors of the largest corporation in
the world today. We collect taxes and we deliver services.
{time} 1600
The challenge to all of us is to deliver these services in the most
efficient way, because the more efficient we can be in our distribution
of services, the less we have to collect in taxes.
I think we need to think about how we can manage these resources in
the most effective way. Two-year budgeting provides that kind of
opportunity. Through the first year, we would establish the
appropriation for a 2-year budget cycle. I might say, I served in the
Ohio State legislature. We did it that way in Ohio and it worked very
effectively, and many other States operate on a 2-year budget.
The second year would be devoted to oversight. In our subcommittee,
we have had over 25 oversight sessions over the last several years. We
have discovered that in so doing, we have found ways in which we can
more efficiently write our bills to ensure that the money is used
wisely and produces the greatest benefit to the people of this Nation.
I think also another advantage of 2-year budgeting is that we have
time to do planning. Too often I find that we are so consumed, we no
sooner finish one budget than we start on another one. We do not have
time to think about how we can plan effectively.
Just using the Subcommittee on the Interior, for example, I think we
need to think about how we can manage the resources that will leave a
legacy that will be valuable to the people of this Nation 50 or 100
years from now, because what kind of a legacy they will inherit, what
kind of parks and forests and fish and wildlife, and the Bureau of Land
Management, the Smithsonian, the Kennedy Center, the National Gallery,
what they will be like 50 years from now is being decided today.
Therefore, we need time to do oversight, we need time to do planning,
to ensure that we get the best possible management of the resources
that come our way as a subcommittee.
Secondly, I think so much time is devoted to establishing budgets
that we do not get the time we need to think about the ways in which we
can be more effective.
The other advantage I see is that the people that manage these
enterprises, the superintendents of parks, the directors of the various
agencies, could plan more efficiently in the purchase of products,
simple things like gasoline and food and so on, if they could contract
on a 2-year basis, if they could manage the resources that they are
provided under our appropriations process in a way that would be most
efficient in the use of these materials. A 2-year budget would give
managers an opportunity to use their time, their resources in a more
effective way.
I suspect that most industries have longer than a 2-year budget cycle
in terms of managing the resources that they have to produce products
for the marketplace. I think the previous speaker, the gentleman from
Alabama (Mr. Callahan) has a point. Perhaps we ought to try it. But I
believe, based on the experience that our States have had with 2-year
budgeting, that it is an effective tool in terms of management of the
resources available.
I believe we should certainly try this, because as government and
life gets more complicated, it becomes more important than ever that we
have time for oversight, that we have time to visit facilities. We have
found in our subcommittee if we can get out and look at some of our
facilities, if we have time to do that, that it helps us a great deal
in making the decisions that will provide a legacy for future
generations that we can all take pride in.
Certainly, we are elected by the people, as the previous speaker
said, to make policy decisions. That is the role of the Members of this
body. That is the separation of powers.
[[Page H3105]]
We constitutionally have a responsibility for policy, and the
executive branch has the responsibility for executing that policy. To
do it well, I believe a 2-year budget cycle would be very constructive.
Mr. Chairman, I rise in support of the two-year budget amendment that
we will consider later today. I consider two-year budgeting as a
management tool.
As Members of Congress, we are the directors of the largest U.S.
enterprise--namely the U.S. Government. We can no longer view the
federal government as just a provider of services. In today's world--
with increasing populations and increasing needs--we need to approach
the federal budget in a more businesslike manner. We need to determine
how we can manage resources and provide services to the American public
in the most efficient way within our budget constraints.
I believe that two-year budgets would provide us with a mechanism to
budget more efficiently and to provide more oversight over federal
spending. In the first year we would appropriate funds. The second year
would be devoted to oversight and planning for the next budget cycle.
A two-year cycle would reduce significantly the number of repetitive
votes that Congress takes on budget issues every year. It would allow
more time for oversight hearings.
Since becoming Chairman of the Interior Subcommittee, I have chaired
more than 25 oversight hearings to closely examine the more than 30
agencies funded in the bill.
These hearings have allowed Members of the Subcommittee to explore
management reforms within these agencies that encourage the agencies
and programs to be run more efficiently. A two-year budget would allow
for more oversight and follow-up to ensure that reforms are fully
implemented.
Furthermore, I believe a two-year budget process would allow agencies
to be more effective. It would allow program managers and agency heads
to do their planning on a two-year cycle.
As a practical matter, they could contract for supplies for a two-
year period instead of just one. They wouldn't spend as much time
putting together a budget every year and preparing the huge budget
justifications that are sent to Congress every year.
A two-year cycle would give agency managers more time to engage in
long-term planning and in implementing management reforms.
Historically, we have not viewed the federal government as a
management challenge. I believe that it is time to do so. A two-year
cycle would allow the time necessary to explore and implement positive
management policies for the federal government. I urge you to support
the two-year budget amendment.
Mr. MOAKLEY. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Florida (Mrs. Meek).
Mrs. MEEK of Florida. Mr. Chairman, I thank the gentleman for
yielding time to me.
Mr. Chairman, I stand to address the Congress and ask them to vote no
on H.R. 853 because, number one, it weakens the power of the
authorizing committees. It weakens the power and the utilization of the
Committee on Appropriations. It weakens the power of each Member of
Congress.
With that diminution, I ask each Member to think about why should we
change this process. There is absolutely nothing wrong with the process
that we use in budgeting now. It is not the process, it is those of us
who administer this process, where we put in many times a lot of
partisan wrangling and we put in a lot of intramural arguments.
Whatever we put into it to make the process lasts too long. That is
what is wrong.
If we were to take this process seriously and use it for the time
appointed, then we would notice that the budgeting process would end up
as we wanted it to.
I want to remind this Congress, I stood on the floor of Congress and
spoke against it the last time we gave power to the President in
determining line item vetos. I was not shouted down, but I was voted
down.
Here we go again, now, giving power to the President for something
each of us was elected to do. That was to make solid decisions in a
time certain for the budgetary process.
I have lived through this biennial budgeting situation in the State
of Florida. It did not work there and it will not work here. Sooner or
later, we would just become a Congress of supplemental kinds of bills
that would come up when there is something that we need to do something
quickly on that we had not thought about.
I want to tell the Members that there will be things that come up
because of the economic conditions and other conditions that happen in
this great country of ours.
Mr. Chairman, many of the things we have heard about the biennial
budget will not happen if we properly do our jobs and think timely and
decisively in expediting it.
Mr. MOAKLEY. Mr. Chairman, I yield 3 minutes to the gentleman from
Wisconsin (Mr. Obey), the ranking member of the Committee on
Appropriations.
Mr. OBEY. Mr. Chairman, the gentleman from Alabama made a point which
I think bears repeating. Every day we recognize the fact that Congress
cannot bind future Congresses in terms of the action that they will
take. But if we pass this legislation today, we are enabling future
presidents to bind future Congresses, because if we pass this proposal
and discover, as we most assuredly will, that it does not work the way
we intended, we will not be able to change it without the permission of
the President of the United States. That is not a position which any
independent legislative body should be in.
Secondly, on 2-year budgets, there is a vast difference between
multiyear planning and multiyear budgeting. I favor long-term planning.
I favor 5- and 10-year planning. But when we go to a 2-year budget, we
put the House at a huge disadvantage vis-a-vis the Senate.
In the House, we have germaneness rules, so if we pass an Interior
supplemental through the place, no one can attach an education item or
an agricultural item to it. We stick to the subject. But in a world of
2-year budgeting, we will have constant supplementals. When
supplementals move through this body and move to the Senate, we will
have individual Senators free to add any item they want to any
supplemental that moves through there. That means a giant loss of
control of spending and it means a giant transfer of powers and
prerogatives to the Senate.
Most perniciously, I believe it ruins our ability to keep agencies on
a short leash. The healthiest thing that occurs in this town is in the
annual appropriation process, when senior program managers discover
that they are not ordained by God to follow policies of their own
making. They have to answer to the Congress. The problem is that if we
put them on a 2-year leash rather than a 1-year leash, it will be very
difficult to get them to follow congressional intent in legislation
that we pass.
People will say, ``oh, well, don't worry about it; as long as they
need supplementals, they will need the support of the Congress''. But
supplementals are different than regular appropriation bills.
Supplementals add money only to programs. They do not deal with
personnel levels, they do not deal with agency size. That is where we
really have control over agencies, and we should not give that control
up.
Mr. MOAKLEY. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, it is really difficult to believe the majority is
serious about reaching agreement on the budget early with a Democratic
president. Given the history and the failure to even seek consensus
with the Democratic colleagues in the House on a budget resolution, it
is very hard to believe, why would they give up the opportunity to
clarify their differences with us? Given their history, my guess is
that the majority would rather send the President a resolution he has
to veto. That slows up the process. It does not help.
Mr. Chairman, we agree the process has not run well lately, but what
makes them propose what they propose does not help. I think it will
make things worse. I now urge a no vote on the bill.
Mr. Chairman, I yield back the balance of my time.
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I recall very well Members feeling some frustration, to
say the least, at the end of the budget cycle for the past few years,
thinking, gosh, we need to do better on this. Why does not the
Committee on Rules and the Committee on the Budget and the people
responsible get together and give us some choices?
We filed a bill at the end of the last session just because we
listened. We
[[Page H3106]]
went through a couple of years of hard work, a lot of effort, to focus
on issues that Members wanted to debate. We filed that bill. This year
we have worked from that bill, taken the controversial issues out,
brought them forward, and left the controversial issues available for
amendment, and in addition, brought forward some other amendments that
we know will have a lot of Member appeal, such as the biennial budget
process that my good friend, the gentleman from California (Mr. Dreier)
of the Committee on Rules has championed so long and ardently.
We think we have provided some good choices out here for debate. I
think that any effort to get away from the chaos at the end of the
budget year is right.
Our good friend, the gentleman from Wisconsin (Mr. Obey) has gotten
up and said that bad things can happen. Yes, bad things can happen any
time. I think the idea of getting together early with the President at
the beginning of the session and working out an arrangement is a very
good idea, but if it does not work, we have a fallback. The fallback is
where we are now, so nobody loses power. We do not have these dire
consequences that I keep hearing about.
I think it is also true that if the other body decides that they wish
to get off the subject of the budget matter, that there are provisions
in this for a self-destruct mechanism, so that the dangers are not as
great as they have been outlined.
I think these are worthwhile changes. They deserve our careful
attention during the debate, and I hope we will see strong support for
good process reform.
Mr. OBERSTAR. Mr. Chairman, I rise in strong opposition to H.R. 853,
the Comprehensive Budget Reform Act.
Joint Resolution
H.R. 853 changes the current non-binding concurrent resolution to a
joint budget resolution that would be signed by the President and have
the force of law. Such a process would weaken the role of Congress
(particularly the House of Representatives), authorizing committees,
and rank-and-file Members.
We know this from history--think back to the major budget agreements
of the past decade, beginning with the 1990 Andrews Air Force Base
budget summit during the Bush Administration. These agreements were
negotiated by the House and Senate Leaderships and the President,
without the participation of authorizing committees or rank-and-file
Members. In practice, creating a budget resolution with the force of
law means we will have these budget summits each and every year. Budget
targets and committee allocations would be negotiated by the Budget
Committees, the House and Senate Leaderships, and the President,
without the participation of authorizing committees or rank-and-file
Members. Most Members would be shut out of the process.
In addition to the budget being negotiated by the House and Senate
Leaderships and the President, the bill eliminates Members' ability to
alter this Leadership-negotiated package. Members would no longer have
the ability to offer amendments to either the reconciliation
instructions or the functional allocations assumed by the joint budget
resolution because these times would now only be included in the report
accompanying the law.
Finally, I am extremely concerned that once we head down the road of
a statute implementing budget policy, the Budget Committees, the House
and Senate Leaderships, and the President will use this must-pass
legislative vehicle to legislate their agendas. Look at the tens and
sometimes hundreds of legislative riders included in the Omnibus
Appropriations Acts of the last several years--the last thing this Body
needs is more Leadership-driven, must-lass legislation.
Given the experiences of past budget summits, it is unlikely that
this process will include authorizing committees, including those
Members with the most specific issue expertise, or rank-and-file
Members. We will simply be urged: ``Don't break the deal''--a deal in
which almost all of us will have had no input. I recall that three
years ago this week, the House considered the 1997 Balanced Budget
Agreement negotiated by the House and Senate Leadership and the
President. The Gentleman from Pennsylvania, Mr. Shuster, and I offered
an amendment to increase highway and transit infrastructure investment,
adjusting the deal by one-third of one perecent--one-third of one
percent. ``A deal is a deal,'' intoned our colleagues. ``Do not break
the deal,'' said a panicked White House. ``Stick to the deal,'' said
the Budget Committee. As I said then, ``Who are a part of this deal?
Not me, and not many in this Chamber. We did not have much to say about
the deal, so why are we being asked to stick with it?'' We lost that
vote by two votes and it made TEA 21 impossible in 1997. Now, the
proponents of this bill want us to have that debate each year.
Moreover, by eliminating the functional categories from the budget
resolution, they want to even take away our ability to offer amendments
to alter their Leadership-negotiated package.
Effect on Transportation Committee Programs
I also rise in opposition to H.R. 853 because I am concerned about
the impact of this bill on transportation trust funds. I believe that
this bill will undermine the enormous progress we have made in
infrastructure investment with the Transportation Equity Act for the
21st Century (TEA 21) and the Aviation Investment and Reform Act for
the 21st Century (AIR 21), and will make it more difficult to
reauthorize these programs in the future.
H.R. 853 does not acknowledge the important budget reforms contained
in TEA 21 and AIR 21--including the reform that transportation revenues
must be used for transportation purposes. Rather than updating the
budget process to reflect a link between transportation trust fund
spending and transportation trust fund receipts--a budget process
change that was mandated by the overwhelming majority of the House in
TEA 21 and AIR 21--H.R. 853 merely strengthens the old budget process,
which assumes that transportation trust fund revenues are no different
from general revenues.
H.R. 853 would also shift power to entities that are institutionally
opposed to the trust fund reforms that our Committee achieved in TEA 21
and AIR 21, and would effectively shut most Members and committees out
of the budget process. As a former Member of the Budget Committee
(1987-1993) and a Member of this Body and the Transportation and
Infrastructure Committee for 25 years, I know that the Budget Committee
and the Office of Management and Budget have always opposed the trust
fund reforms that the Transportation Committee has advocated and an
overwhelming majority of this House have supported.
Not only does H.R. 853 fail to institutionalize the trust fund
reforms enacted in TEA 21 and AIR 21, it assumes flat spending from
transportation trust funds for purposes of calculating the budget
surplus after TEA 21 and AIR 21 expire. This assumption is made despite
the fact that transportation trust fund revenues will continue to
increase each year as our economy and highway and air travel continue
to grow. A flat-spending assumption would result in a return to the old
days of trust fund surpluses being used for non-transportation
purposes. If the link between trust fund revenues and trust fund
spending is to be maintained, budget procedures and the assumptions for
transportation spending must reflect the annual growth in trust fund
revenues.
Conclusion
Do not be lulled into thinking that this bill simply changes a
technical House procedure. This bill significantly alters the
congressional budget process. The budget process is where we decide
priorities for America's future. It is the process where, to a large
degree, we decide what our values are, and put a price tag on them. It
is a process in which all Members and all committees should play a role
H.R. 853 will shut Members out of that process.
I urge all Members to vote ``no'' on H.R. 853.
Mr. BENTSEN. Mr. Chairman, I rise in reluctant opposition to H.R.
853, the Comprehensive Budget Process Reform Act of 1999. I commend the
gentleman from Iowa, Mr. Nussle and the gentleman from Maryland, Mr.
Cardin for their hard work, but in the end this bill is not yet ready
for adoption.
My colleagues argue that this bill will fix the ``broken'' budget
process. While this bill may correct some deficiencies in the current
law, no bill is going to fix what is the real problem--the behavior of
the members of this body and the Senate. For years following inclusion
of pay-as-you-go rules and discretionary spending caps amendments to
the Budget Act in 1990, the Budget Act had an effect on law rather than
serving as a mere target. It was not until 1998 that the process fell
apart when members on both sides of the aisle felt compelled to violate
the caps by abusing the Emergency spending designation. In 1999,
Congress did the same thing. The primary problem with the budget
process lies not with the system or the end game, but rather Congress
and the Administration. There were legitimate concerns, greater
defense, education and agriculture spending demands weighed against
other domestic priorities, but rather than honestly argue the needs to
the American people and raise the caps, we chose to engage in budget
subterfuge. That is not a flaw in the process so much as human nature.
While this bill includes some good reforms such as a tighter
designation for emergency spending to stem abuse and bringing the use
of accrual accounting to the federal budget process, it is flawed in
converting the concurrent budget resolution to a joint resolution
[[Page H3107]]
signed into law by the President. This is intended to move the end game
to the front of budget cycle but it is a little like moving the goal
posts from the end of the field to the middle. The practical effect is
to shift more power to the Executive branch at the expense of the
Congress. As a result, the appropriations process will be delayed and
the end game will be extended throughout most the year. Unintended by
its proponents, this could result in greater, not less, politicization
of the budget process.
Moreover, as a joint resolution, the budget resolution would be
vulnerable to having certain other pieces of legislation the
Congressional leadership favored attached. The drafters of H.R. 853
have inserted a weak provision aimed at preventing the budget
resolution from becoming a major legislative vehicle but it cannot
assure this body the budget resolution will be free from being taken
hostage by an abortion amendment or, more likely, an amendment to raise
discretionary spending caps or alter the pay-as-you-go rules to let
projected budget surpluses be used to ``pay for'' large tax cuts.
With regard to the biennial budgeting amendment which Representative
Dreier plans to offer, I believe it is unrealistic and unworkable. The
GAO has cautioned against biennial budgeting and cites ``difficulty in
forecasting'' as the major force behind an increasing number of states
abandoning biennial budgeting, in favor of annual cycles. Under H.R.
853, agencies would have to begin to put together budgets for the
second year of a two-year cycle at least 28 months before the year
would start. Such long lead times will certainly result in decisions
that become outdated. During the intervening period, there would
inevitably be findings concerning the effectiveness of various programs
and changes needed in those programs from GAO reports, Inspector
Generals' reports, and research studies. Proponents of biennial
budgeting assert that it will free up time for more oversight. They
overlook the fact that a significant amount of oversight is conducted
by the appropriations committees in the course of reviewing agency
budget requests annually. But, I believe that if we adopt biennial
budgeting, we will be creating new problems. We will be constructing a
system that lacks flexibility to address GAO findings or developments
in a program or substantial changes in our nation's economic
conditions.
Mr. Chairman, while I oppose H.R. 853, I support its commitment to
limit use of emergency spending outside the spending caps only for true
emergencies. There can be little question that in recent years, the
emergency supplemental appropriations process has been abused and
loaded with billions of dollars of spending which do not meet the true
test of an ``emergency.'' We must, as a body, reign in emergency
spending. H.R. 853 would create a reserve fund for emergencies and
specifically defines ``emergency'' as ``loss of life or property, or a
threat to national security'' and an ``unanticipated'' situation that
is sudden, urgent, unforeseen and temporary.
Mr. Chairman, I will also oppose the Gekas Automatic Continuing
Resolution Amendment to avoid a government shutdown. We debated this in
the House Budget Committee last year. I opposed a ``freeze'' of
appropriations in event of a budgetary stalemate because I believed it
would give Congress and the Administration an out, as opposed to
compelling that the hard work of passing the budget and appropriations
bills is done. Rather, I suggested that any automatic continuing
resolution not be a disincentive to compromise. My amendment would have
set the automatic continuing resolution at 75% of the previous year's
appropriated level in order to fund essential functions, but low enough
to spur the Congress and Administration into action.
Finally, Mr. Chairman, I will oppose the Ryan amendment to eliminate
the on-budget surplus from the pay-as-you-go rules. While the intent of
this amendment is to free up on-budget surpluses for tax cuts or new
mandatory spending instead of being used for debt relief, its real
impact would be to allow Congress to leverage tax cuts or new spending
on the basis of long-term budget projections. And, if the projections
are wrong, such tax cuts or spending would be ultimately backed by
sequestration against Medicare, Medicaid or tax increases if the
projections are wrong. This amendment is a redo of Gramm-Rudman-
Hollings, allowing Congress to make long-term spending and tax
commitments with uncertain offsets.
Accordingly, Mr. Chairman, I rise in opposition to H.R. 853. Rather
than insure an expedited budget process, H.R. 853 will create new
barriers to formulating a federal budget and interfere with effective
oversight.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise in opposition to H.R.
853, the Comprehensive Budget Process Reform Act. We may all agree that
the current budget process does not run as smoothly as we may like;
however, this bill does not adequately address the inefficiencies in
the budget process. The problem with the budget process is that for the
last three years, the Leadership has engaged in conduct that has
hindered this process.
In 1998, we failed to adopt a budget resolution and for the last two
years Congress approved budget resolutions that were difficult to
implement. To work through these problems the Congress had to waive
rules to circumvent the budget resolutions. This bill does nothing to
address this issue.
H.R. 853 will significantly hamper our ability to agree on a budget
by requiring a joint budget resolution. Requiring the President to
enter the process early in the year by transforming the joint budget
resolution into an omnibus budget law, while simultaneously curtailing
the ability of the appropriations committees to press forward if a
budget has not been agreed to by May 15, will delay rather than speed
up our budget process.
Contemplate how much deliberation occurs between the House and the
Senate on the budget resolution, just imagine how delayed this process
will be with the interjection of the President. In the years where the
President and Congress are in serious disagreement as to budget
priorities, disagreements are likely to linger into the waning days of
future legislative sessions.
The budget resolution would be transformed into ``must pass''
legislation that may likely entice the Leadership to attach bills they
favor. This is true of provisions in this bill to change Congressional
budget procedures that include measures to impose discretionary caps or
actual appropriations, as well as provisions to impose caps on
entitlement programs from responding to changes in unemployment,
poverty, the health status of our nation, and other such programs.
The removal of functional levels and reconciliation instructions from
the budget resolution to a budget committee report is unwise. Relying
on an aggregate budget amount without debating the details of specific
functions may result in significant budget cuts in discretionary
spending without the opportunity for vigorous debate on the virtues of
each budget request.
Some may argue that debating budget functions obscure the ability to
debate a set aggregate amount. On the other hand, we need to analyze
budget functions to make the aggregate number more meaningful in
addressing the needs of the nation. My amendment sought to reinstate a
process that ensures that the American people's needs are sufficiently
addressed by the Congress during the budget process.
Finally, I do not support the Drier Biennial Budgeting Amendment
because biennial budgeting and appropriating will not ease Congress's
ability to meet deadlines, enact authorization provisions or engage in
more meaningful oversight. Biennial budgeting will further complicate
an already complicated process.
Biennial budgeting will not assist Congress pass budget or
appropriations bills on time. No matter whether the fiscal year begin
on July 1 or October 1, Congress often finishes its appropriations work
approximately one month after an imposed deadline. The real concern
with biennial budgeting is that appropriations' debates will fall into
the second year, as Members become less willing to compromise.
In addition, budget projections change too quickly for biennial
budgeting. The events of the nation and world change from year-to-year.
It would be increasingly difficult for the Congressional Budget Office
to project budgets for two years. The difficulty in forecasting for
biennial budgets will likely create a need for supplemental
appropriations. Thus, the impetus for biennial budgeting would
diminish.
As Martin Luther King, Jr. once said, ``Our nettlesome task is to
discover how to organize our strength into compelling power.'' The
Congress's task is to organize our best ideas on meaningful budget
reform and not measures which will exacerbate the complexity of our
nation's budget process. We can do better and we must do better.
Mr. SHAYS. Mr. Chairman, I strongly support H.R. 853, the
Comprehensive Budget Process Reform Act. This bill represents the most
fundamental revision of the Congressional budget process since 1974.
H.R. 853 contains a variety of critical reforms, including changing
the Budget Resolution from a concurrent resolution to a joint
resolution that would have to be presented to the president and
therefore would have the force of law.
This would improve the budget process in two ways. First, it would
force the president to play a formal role in the budget process, rather
than only engaging in the final stages of the appropriations process.
Providing for formal executive participation through a joint
resolution would avoid year-end scrambling to finance government
programs. It would also encourage the president to submit a realistic
budget because he will be compelled to defend it.
Second, a joint resolution would force inter-branch agreement on
aggregate spending levels prior to agreement on details. Currently,
[[Page H3108]]
since the president does not have to approve the Budget Resolution,
gaining approval on the final spending measures presents a greater
challenge.
Forcing an early agreement on the principles in the Resolution will
make coming together on the details of budget bills much easier in the
fall. Moreover, this bill is still sensitive to the likelihood of an
earlier budget ``train wreck'' by enabling Congress to adopt a
concurrent budget resolution under expedited procedures if the
president vetoes the joint budget resolution.
In other words, H.R. 853 provides incentives for the president to
sign an agreement on principles, but allows the process to move forward
if he does not.
The bill also requires the president and Congress to set aside a
reserve within the budget for emergencies. This reserve would be
equivalent to the five year historical average of emergency spending.
The reserve could only be used for emergencies that meet both of the
following criteria: (1) funding for ``loss of life or property, or a
threat to national security'' and (2) an ``unanticipated situation.''
This important provision will prevent supplemental appropriations
bills that are stuffed with fraudulent ``emergency'' spending.
Unfortunately such bills have often become vehicles for pork-barrel
spending rather than ways to alleviate the suffering of Americans who
have experienced genuine crises.
I would like to thank Congressman Nussle and other members of the
House Budget Committee's bipartisan task force on the budget process
for bringing this bill to the floor. I urge my colleagues to support
it.
Mr. DINGELL. Mr. Chairman, certainly the budget process could benefit
from useful progressive reform. However, the bill we are considering is
neither useful nor progressive. It can properly be described as deform.
As long as the majority lacks the political courage to set realistic
spending caps, we will continue to see the abuse of the budget process
that we have become accustomed to under Republican control of the
Congress. Where more than $34 billion, including the cost of the
census, is declared an ``emergency.'' These ``emergencies'' are nothing
but an absolute circumvention of the budget process and a parliamentary
exercise to evade hard choices.
Let history be our guide and let us examine how the budget process
has operated under Republican control.
I would observe that last year Congress failed to even adopt a budget
resolution for the first time since the Budget Act was signed into law.
Why, because the budget process was broken? Hardly. Because the
Republican majority in Congress could not agree with itself on a budget
resolution. Rather than negotiate a bipartisan document, the majority
chose not to draft a budget at all. This unprecedented failure is not
an indictment of the budget process but rather of the majority's
incompetence.
In the 104th Congress, under the leadership of then-Speaker Newt
Gingrich, the Republican majority could not agree with the President on
the budget, failed to pass the regular 13 appropriations bills on time,
and proceeded to shut down the government for 28 days. Why, because the
budget process was broken? Hardly. Because the Republican majority was
unwilling to compromise and negotiate in good faith with the President.
Like little children, the majority took their toys and went home. This
was not a result of a flawed budget process but of flawed leadership in
the Congress.
The Republican majority, having learned their harsh lesson from the
rebuke of the public for such fiscal recklessness, reversed course in
the 105th Congress and gave in on everything. The result was an
unseemly, bloated omnibus bill that contained everything--including the
kitchen sink. Why, because the budget process was broken? Hardly. It
was another example of the irresponsible manner in which the majority
runs the Congress and once again demonstrated their remarkable
inability to govern.
H.R. 853 continues in this rich tradition of flawed proposals and
failed ideas. It should rightly and properly be relegated to the scrap
heap, to reside next to the Contract with America, where it will, with
good fortune and the good Lord's mercy, rust in peace. I urge my
colleagues to defeat this bill so we can move on to the people's
business.
The CHAIRMAN. All time has expired.
Pursuant to the rule, the amendment in the nature of a substitute
consisting of the text of H.R. 4397 shall be considered as an original
bill for the purpose of amendment under the 5-minute rule, and shall be
considered read.
The text of the amendment in the nature of a substitute is as
follows:
H.R. 4397
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Comprehensive Budget Process Reform Act of 2000''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Effective date.
Sec. 4. Declaration of purposes for the Budget Act.
TITLE I--BUDGET WITH FORCE OF LAW
Sec. 101. Purposes.
Sec. 102. The timetable.
Sec. 103. Annual joint resolutions on the budget.
Sec. 104. Budget required before spending bills may be considered;
fall-back procedures if President vetoes joint budget
resolution.
Sec. 105. Conforming amendments to effectuate joint resolutions on the
budget.
TITLE II--RESERVE FUND FOR EMERGENCIES
Sec. 201. Purpose.
Sec. 202. Repeal of adjustments for emergencies.
Sec. 203. OMB emergency criteria.
Sec. 204. Development of guidelines for application of emergency
definition.
Sec. 205. Reserve fund for emergencies in President's budget.
Sec. 206. Adjustments and reserve fund for emergencies in joint budget
resolutions.
Sec. 207. Up-to-date tabulations.
Sec. 208. Prohibition on amendments to emergency reserve fund.
Sec. 209. Effective date.
TITLE III--ENFORCEMENT OF BUDGETARY DECISIONS
Sec. 301. Purposes.
Subtitle A--Application of Points of Order to Unreported Legislation
Sec. 311. Application of Budget Act points of order to unreported
legislation.
Subtitle B--Compliance With Budget Resolution
Sec. 321. Budget compliance statements.
Subtitle C--Justification for Budget Act Waivers
Sec. 331. Justification for Budget Act waivers in the House of
Representatives.
Subtitle D--CBO Scoring of Conference Reports
Sec. 341. CBO scoring of conference reports.
TITLE IV--ACCOUNTABILITY FOR FEDERAL SPENDING
Sec. 401. Purposes.
Subtitle A--Limitations on Direct Spending
Sec. 411. Fixed-year authorizations required for new programs.
Sec. 412. Amendments to subject new direct spending to annual
appropriations.
Subtitle B--Enhanced Congressional Oversight Responsibilities
Sec. 421. Ten-year congressional review requirement of permanent budget
authority.
Sec. 422. Justifications of direct spending.
Sec. 423. Survey of activity reports of House committees.
Sec. 424. Continuing study of additional budget process reforms.
Sec. 425. GAO reports.
Subtitle C--Strengthened Accountability
Sec. 431. Ten-year CBO estimates.
Sec. 432. Repeal of rule XXIII of the Rules of the House of
Representatives.
TITLE V--BUDGETING FOR UNFUNDED LIABILITIES AND OTHER LONG-TERM
OBLIGATIONS
Sec. 501. Purposes.
Subtitle A--Budgetary Treatment of Federal Insurance Programs
Sec. 511. Federal insurance programs.
Subtitle B--Reports on Long-Term Budgetary Trends
Sec. 521. Reports on long-term budgetary trends.
TITLE VI--BASELINE AND BYRD RULE
Sec. 601. Purpose.
Subtitle A--The Baseline
Sec. 611. The President's budget.
Sec. 612. The congressional budget.
Sec. 613. Congressional Budget Office reports to committees.
Sec. 614. Outyear assumptions for discretionary spending.
Subtitle B--The Byrd Rule
Sec. 621. Limitation on Byrd rule.
SEC. 2. PURPOSE.
The purposes of this Act are to--
(1) give the budget the force of law;
(2) budget for emergencies;
(3) strengthen enforcement of budgetary decisions;
(4) increase accountability for Federal spending;
(5) display the unfunded liabilities of Federal insurance
programs; and
(6) mitigate the bias in the budget process toward higher
spending.
SEC. 3. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act and the
amendments made by this Act shall become effective on the
date of enactment of this Act and shall apply with respect to
fiscal years beginning after September 30, 2001.
[[Page H3109]]
SEC. 4. DECLARATION OF PURPOSES FOR THE BUDGET ACT.
Paragraphs (1) and (2) of section 2 of the Congressional
Budget and Impoundment Control Act of 1974 are amended to
read as follows:
``(1) to assure effective control over the budgetary
process;
``(2) to facilitate the determination each year of the
appropriate level of Federal revenues and expenditures by the
Congress and the President;''.
TITLE I--BUDGET WITH FORCE OF LAW
SEC. 101. PURPOSES.
The purposes of this title are to--
(1) focus initial budgetary deliberations on aggregate
levels of Federal spending and taxation;
(2) encourage cooperation between Congress and the
President in developing overall budgetary priorities; and
(3) reach budgetary decisions early in the legislative
cycle.
SEC. 102. THE TIMETABLE.
Section 300 of the Congressional Budget Act of 1974 is
amended to read as follows:
``timetable
``Sec. 300. The timetable with respect to the congressional
budget process for any fiscal year is as follows:
Action to be completed:
President submits his budget...........................................
Congressional Budget Office submits report to Budget Committees........
Committees submit views and estimates to Budget Committees.............
Senate Budget Committee reports joint resolution on the budget.........
Congress completes action on joint resolution on the budget............
House Appropriations Committee reports last annual appropriation bill..
Congress completes action on reconciliation legislation................
House completes action on annual appropriation bills...................
Fiscal year begins.''..................................................
SEC. 103. ANNUAL JOINT RESOLUTIONS ON THE BUDGET.
(a) Content of Annual Joint Resolutions on the Budget.--
Section 301(a) of the Congressional Budget Act of 1974 is
amended as follows:
(1) Strike paragraph (4) and insert the following new
paragraph:
``(4) subtotals of new budget authority and outlays for
nondefense discretionary spending, defense discretionary
spending, direct spending (excluding interest), and interest;
and for fiscal years to which the amendments made by title II
of the Comprehensive Budget Process Reform Act of 2000 apply,
subtotals of new budget authority and outlays for
emergencies;''.
(2) Strike the last sentence of such subsection.
(b) Additional Matters in Joint Resolution.--Section 301(b)
of the Congressional Budget Act of 1974 is amended as
follows:
(1) Strike paragraphs (2), (4), and (6) through (9).
(2) After paragraph (1), insert the following new
paragraph:
``(2) if submitted by the Committee on Ways and Means of
the House of Representatives or the Committee on Finance of
the Senate to the Committee on the Budget of that House of
Congress, amend section 3101 of title 31, United States Code,
to change the statutory limit on the public debt;''.
(3) After paragraph (3), insert the following new
paragraph:
``(4) require such other congressional procedures, relating
to the budget, as may be appropriate to carry out the
purposes of this Act;''; and
(4) After paragraph (5), insert the following new
paragraph:
``(6) set forth procedures in the Senate whereby committee
allocations, aggregates, and other levels can be revised for
legislation if that legislation would not increase the
deficit, or would not increase the deficit when taken with
other legislation enacted after the adoption of the
resolution, for the first fiscal year or the total period of
fiscal years covered by the resolution.''.
(c) Required Contents of Report.--Section 301(e)(2) of the
Congressional Budget Act of 1974 is amended as follows:
(1) Redesignate subparagraphs (A), (B), (C), (D), (E), and
(F) as subparagraphs (B), (C), (E), (F), (H), and (I),
respectively.
(2) Before subparagraph (B) (as redesignated), insert the
following new subparagraph:
``(A) new budget authority and outlays for each major
functional category, based on allocations of the total levels
set forth pursuant to subsection (a)(1);''.
(3) In subparagraph (C) (as redesignated), strike
``mandatory'' and insert ``direct spending''.
(4) After subparagraph (C) (as redesignated), insert the
following new subparagraph:
``(D) a measure, as a percentage of gross domestic product,
of total outlays, total Federal revenues, the surplus or
deficit, and new outlays for nondefense discretionary
spending, defense spending, and direct spending as set forth
in such resolution;''.
(5) After subparagraph (F) (as redesignated), insert the
following new subparagraph:
``(G) if the joint resolution on the budget includes any
allocation to a committee (other than the Committee on
Appropriations) of levels in excess of current law levels, a
justification for not subjecting any program, project, or
activity (for which the allocation is made) to annual
discretionary appropriations;''.
(d) Additional Contents of Report.--Section 301(e)(3) of
the Congressional Budget Act of 1974 is amended as follows:
(1) Redesignate subparagraphs (A) and (B) as subparagraphs
(B) and (C), respectively, strike subparagraphs (C) and (D),
and redesignate subparagraph (E) as subparagraph (D).
(2) Before subparagraph (B), insert the following new
subparagraph:
``(A) reconciliation directives described in section
310;''.
(e) President's Budget Submission to the Congress.--(1) The
first two sentences of section 1105(a) of title 31, United
States Code, are amended to read as follows:
``On or after the first Monday in January but not later than
the first Monday in February of each year the President shall
submit a budget of the United States Government for the
following fiscal year which shall set forth the following
levels:
``(A) totals of new budget authority and outlays;
``(B) total Federal revenues and the amount, if any, by
which the aggregate level of Federal revenues should be
increased or decreased by bills and resolutions to be
reported by the appropriate committees;
``(C) the surplus or deficit in the budget;
``(D) subtotals of new budget authority and outlays for
nondefense discretionary spending, defense discretionary
spending, direct spending, and interest; and for fiscal years
to which the amendments made by title II of the Comprehensive
Budget Process Reform Act of 2000 apply, subtotals of new
budget authority and outlays for emergencies; and
``(E) the public debt.
Each budget submission shall include a budget message and
summary and supporting information and, as a separately
delineated statement, the levels required in the preceding
sentence for at least each of the 9 ensuing fiscal years.''.
(2) The third sentence of section 1105(a) of title 31,
United States Code, is amended by inserting ``submission''
after ``budget''.
(f) Limitation on Contents of Budget Resolutions.--Section
305 of the Congressional Budget Act of 1974 is amended by
adding at the end the following new subsection:
``(e) Limitation on Contents.--(1) A joint resolution on
the budget and the report accompanying it may not--
``(A) appropriate or otherwise provide, impound, or rescind
any new budget authority, increase any outlay, or increase or
decrease any revenue (other than through reconciliation
instructions);
``(B) directly (other than through reconciliation
instructions) establish or change any program, project, or
activity;
``(C) establish or change any limit or control over
spending, outlays, receipts, or the surplus or deficit except
those that are enforced through congressional rule making; or
``(D) amend any law except as provided by section 304
(permissible revisions of joint resolutions on the budget) or
enact any provision of law that contains any matter not
permitted in section 301(a) or (b).
``(2) No allocation under section 302(a) shall be construed
as changing such discretionary spending limit.
``(3) It shall not be in order in the House of
Representatives or in the Senate to consider any joint
resolution on the budget or any amendment thereto or
conference report thereon that contains any matter not
permitted in section 301(a) or (b).
``(4) Any joint resolution on the budget or any amendment
thereto or conference report thereon that contains any matter
not permitted in section 301(a) or (b) shall not be treated
in the House of Representatives or the Senate as a budget
resolution under subsection (a) or (b) or as a conference
report on a budget resolution under subsection (c) of this
section.''.
SEC. 104. BUDGET REQUIRED BEFORE SPENDING BILLS MAY BE
CONSIDERED; FALL-BACK PROCEDURES IF PRESIDENT
VETOES JOINT BUDGET RESOLUTION.
(a) Amendments to Section 302.--Section 302(a) of the
Congressional Budget Act of 1974 is amended by striking
paragraph (5).
(b) Amendments to Section 303 and Conforming Amendments.--
(1) Section 303 of the Congressional Budget Act of 1974 is
amended--
(A) in subsection (b), by striking paragraph (2), by
inserting ``or'' at the end of paragraph (1), and by
redesignating paragraph (3) as paragraph (2); and
(B) by striking its section heading and inserting the
following new section heading: ``consideration of budget-
related legislation before budget becomes law''.
(2) Section 302(g)(1) of the Congressional Budget Act of
1974 is amended by striking ``and, after April 15, section
303(a)''.
(3)(A) Section 904(c)(1) of the Congressional Budget Act of
1974 is amended by inserting ``303(a),'' before
``305(b)(2),''.
(B) Section 904(d)(2) of the Congressional Budget Act of
1974 is amended by inserting ``303(a),'' before
``305(b)(2),''.
(c) Expedited Procedures Upon Veto of Joint Resolution on
the Budget.--(1) Title III of the Congressional Budget Act of
1974 is amended by adding after section 315 the following new
section:
[[Page H3110]]
``expedited procedures upon veto of joint resolution on the budget
``Sec. 316. (a) Special Rule.--If the President vetoes a
joint resolution on the budget for a fiscal year, the
majority leader of the House of Representatives or Senate (or
his designee) may introduce a concurrent resolution on the
budget or joint resolution on the budget for such fiscal
year. If the Committee on the Budget of either House fails to
report such concurrent or joint resolution referred to it
within five calendar days (excluding Saturdays, Sundays, or
legal holidays except when that House of Congress is in
session) after the date of such referral, the committee shall
be automatically discharged from further consideration of
such resolution and such resolution shall be placed on the
appropriate calendar.
``(b) Procedure in the House of Representatives and the
Senate.--
``(1) Except as provided in paragraph (2), the provisions
of section 305 for the consideration in the House of
Representatives and in the Senate of joint resolutions on the
budget and conference reports thereon shall also apply to the
consideration of concurrent resolutions on the budget
introduced under subsection (a) and conference reports
thereon.
``(2) Debate in the Senate on any concurrent resolution on
the budget or joint resolution on the budget introduced under
subsection (a), and all amendments thereto and debatable
motions and appeals in connection therewith, shall be limited
to not more than 10 hours and in the House such debate shall
be limited to not more than 3 hours.
``(c) Contents of Concurrent Resolutions.--Any concurrent
resolution on the budget introduced under subsection (a)
shall be in compliance with section 301.
``(d) Effect of Concurrent Resolution on the Budget.--
Notwithstanding any other provision of this title, whenever a
concurrent resolution on the budget described in subsection
(a) is agreed to, then the aggregates, allocations, and
reconciliation directives (if any) contained in the report
accompanying such concurrent resolution or in such concurrent
resolution shall be considered to be the aggregates,
allocations, and reconciliation directives for all purposes
of sections 302, 303, and 311 for the applicable fiscal years
and such concurrent resolution shall be deemed to be a joint
resolution for all purposes of this title and the Rules of
the House of Representatives and any reference to the date of
enactment of a joint resolution on the budget shall be deemed
to be a reference to the date agreed to when applied to such
concurrent resolution.''.
(2) The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is
amended by inserting after the item relating to section 315
the following new item:
``Sec. 316. Expedited procedures upon veto of joint resolution on the
budget.''.
SEC. 105. CONFORMING AMENDMENTS TO EFFECTUATE JOINT
RESOLUTIONS ON THE BUDGET.
(a) Conforming Amendments to the Congressional Budget and
Impoundment Control Act of 1974.--(1)(A) Sections 301, 302,
303, 305, 308, 310, 311, 312, 314, 405, and 904 of the
Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) are
amended by striking ``concurrent'' each place it appears and
by inserting ``joint''.
(B)(i) Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1)
of the Congressional Budget Act of 1974 are amended by
striking ``most recently agreed to concurrent resolution on
the budget'' each place it occurs and inserting ``most
recently enacted joint resolution on the budget or agreed to
concurrent resolution on the budget (as applicable)''.
(ii) The section heading of section 301 is amended by
striking ``adoption of concurrent resolution'' and inserting
``joint resolutions'';
(iii) Section 304 of such Act is amended to read as
follows:
``permissible revisions of budget resolutions
``Sec. 304. At any time after the joint resolution on the
budget for a fiscal year has been enacted pursuant to section
301, and before the end of such fiscal year, the two Houses
and the President may enact a joint resolution on the budget
which revises or reaffirms the joint resolution on the budget
for such fiscal year most recently enacted. If a concurrent
resolution on the budget has been agreed to pursuant to
section 316, then before the end of such fiscal year, the two
Houses may adopt a concurrent resolution on the budget which
revises or reaffirms the concurrent resolution on the budget
for such fiscal year most recently agreed to.''.
(C) Sections 302, 303, 310, and 311, of such Act are
amended by striking ``agreed to'' each place it appears and
by inserting ``enacted''.
(2)(A) Paragraph (4) of section 3 of the Congressional
Budget and Impoundment Control Act of 1974 is amended by
striking ``concurrent'' each place it appears and by
inserting ``joint''.
(B) The table of contents set forth in section 1(b) of such
Act is amended--
(i) in the item relating to section 301, by striking
``adoption of concurrent resolution'' and inserting ``joint
resolutions'';
(ii) by striking the item relating to section 303 and
inserting the following:
``Sec. 303. Consideration of budget-related legislation before budget
becomes law.'';
(iii) in the item relating to section 304, by striking
``concurrent'' and inserting ``budget'' the first place it
appears and by striking ``on the budget''; and
(iv) by striking ``concurrent'' and inserting ``joint'' in
the item relating to section 305.
(b) Conforming Amendments to the Rules of the House of
Representatives.--(1) Clauses 1(e)(1), 4(a)(4), 4(b)(2),
4(f)(1)(A), and 4(f)(2) of rule X, clause 10 of rule XVIII,
and clause 10 of rule XX of the Rules of the House of
Representatives are amended by striking ``concurrent'' each
place it appears and inserting ``joint''.
(2) Clause 10 of rule XVIII of the Rules of the House of
Representatives is amended--
(A) in paragraph (b)(2), by striking ``(5)'' and inserting
``(6)''; and
(B) by striking paragraph (c).
(c) Conforming Amendments to the Balanced Budget and
Emergency Deficit Control Act of 1985.--Section 258C(b)(1) of
the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 907d(b)(1)) is amended by striking ``concurrent''
and inserting ``joint''.
(d) Conforming Amendments to Section 310 Regarding
Reconciliation Directives.--(1) The side heading of section
310(a) of the Congressional Budget Act of 1974 (as amended by
section 105(a)) is further amended by inserting ``Joint
Explanatory Statement Accompanying Conference Report on''
before ``Joint''.
(2) Section 310(a) of such Act is amended by striking ``A''
and inserting ``The joint explanatory statement accompanying
the conference report on a''.
(3) The first sentence of section 310(b) of such Act is
amended by striking ``If'' and inserting ``If the joint
explanatory statement accompanying the conference report
on''.
(4) Section 310(c)(1) of such Act is amended by inserting
``the joint explanatory statement accompanying the conference
report on'' after ``pursuant to''.
(5) Subsection (g) of section 310 of such Act is repealed.
(e) Conforming Amendments to Section 3 Regarding Direct
Spending.--Section 3 of the Congressional Budget and
Impoundment Control Act of 1974 is amended by adding at the
end the following new paragraph:
``(11) The term `direct spending' has the meaning given to
such term in section 250(c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985.''.
(f) Technical Amendment Regarding Revised Suballocations.--
Section 314(d) of the Congressional Budget Act of 1974 is
amended by--
(1) striking ``Reporting'' in the side heading, by
inserting ``the chairmen of'' before ``the Committees'', and
by striking ``may report'' and inserting ``shall make and
have published in the Congressional Record''; and
(2) adding at the end the following new sentence: ``For
purposes of considering amendments (other than for amounts
for emergencies covered by subsection (b)(1)), suballocations
shall be deemed to be so adjusted.''.
TITLE II--RESERVE FUND FOR EMERGENCIES
SEC. 201. PURPOSE.
The purposes of this title are to--
(1) develop budgetary and fiscal procedures for
emergencies;
(2) subject spending for emergencies to budgetary
procedures and controls; and
(3) establish criteria for determining compliance with
emergency requirements.
SEC. 202. REPEAL OF ADJUSTMENTS FOR EMERGENCIES.
(a) Discretionary Spending Limits.--(1) Section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is repealed.
(2) Such section 251(b)(2) is further amended by
redesignating subparagraphs (B) through (G) as subparagraphs
(A) through (F).
(b) Direct Spending.--Sections 252(e) and 252(d)(4)(B) of
the Balanced Budget and Emergency Deficit Control Act of 1985
are repealed.
(c) Emergency Designation.--Clause 2 of rule XXI of the
Rules of the House of Representatives is amended by repealing
paragraph (e) and by redesignating paragraph (f) as paragraph
(e).
(d) Amount of Adjustments.--Section 314(b) of the
Congressional Budget Act of 1974 is amended by striking
paragraph (1) and by redesignating paragraphs (2) through (6)
as paragraphs (1) through (5), respectively.
SEC. 203. OMB EMERGENCY CRITERIA.
Section 3 of the Congressional Budget and Impoundment
Control Act of 1974 (as amended by section 105(e)) is further
amended by adding at the end the following new paragraph:
``(12)(A) The term `emergency' means a situation that--
``(i) requires new budget authority and outlays (or new
budget authority and the outlays flowing therefrom) for the
prevention or mitigation of, or response to, loss of life or
property, or a threat to national security; and
``(ii) is unanticipated.
``(B) As used in subparagraph (A), the term `unanticipated'
means that the situation is--
``(i) sudden, which means quickly coming into being or not
building up over time;
``(ii) urgent, which means a pressing and compelling need
requiring immediate action;
``(iii) unforeseen, which means not predicted or
anticipated as an emerging need; and
``(iv) temporary, which means not of a permanent
duration.''.
[[Page H3111]]
SEC. 204. DEVELOPMENT OF GUIDELINES FOR APPLICATION OF
EMERGENCY DEFINITION.
Not later than 5 months after the date of enactment of this
Act, the chairmen of the Committees on the Budget (in
consultation with the President) shall, after consulting with
the chairmen of the Committees on Appropriations and
applicable authorizing committees of their respective Houses
and the Directors of the Congressional Budget Office and the
Office of Management and Budget, jointly publish in the
Congressional Record guidelines for application of the
definition of emergency set forth in section 3(12) of the
Congressional Budget and Impoundment Control Act of 1974.
SEC. 205. RESERVE FUND FOR EMERGENCIES IN PRESIDENT'S BUDGET.
Section 1105 of title 31, United States Code is amended by
adding at the end the following new subsections:
``(h) The budget transmitted pursuant to subsection (a) for
a fiscal year shall include a reserve fund for emergencies.
The amount set forth in such fund shall be calculated as
provided under section 317(b) of the Congressional Budget Act
of 1974.
``(i) In the case of any budget authority requested for an
emergency, such submission shall include a detailed
justification of the reasons that such emergency is an
emergency within the meaning of section 3(12) of the
Congressional Budget Act of 1974, consistent with the
guidelines described in section 204 of the Comprehensive
Budget Process Reform Act of 2000.''.
SEC. 206. ADJUSTMENTS AND RESERVE FUND FOR EMERGENCIES IN
JOINT BUDGET RESOLUTIONS.
(a) Emergencies.--Title III of the Congressional Budget Act
of 1974 (as amended by section 104(c)) is further amended by
adding at the end the following new section:
``emergencies
``Sec. 317. (a) Adjustments.--
``(1) In general.--After the reporting of a bill or joint
resolution or the submission of a conference report thereon
that provides budget authority for any emergency as
identified pursuant to subsection (d)--
``(A) the chairman (in consultation with the ranking
minority member) of the Committee on the Budget of the House
of Representatives or the Senate shall determine and certify,
pursuant to the guidelines referred to in section 204 of the
Comprehensive Budget Process Reform Act of 2000, the portion
(if any) of the amount so specified that is for an emergency
within the meaning of section 3(12); and
``(B) such chairman shall make the adjustment set forth in
paragraph (2) for the amount of new budget authority (or
outlays) in that measure and the outlays flowing from that
budget authority.
``(2) Matters to be adjusted.--The adjustments referred to
in paragraph (1) are to be made to the allocations made
pursuant to the appropriate joint resolution on the budget
pursuant to section 302(a) and shall be in an amount not to
exceed the amount reserved for emergencies pursuant to the
requirements of subsection (b).
``(3) Permissible committee vote on adjustments.--Any
adjustment made by the chairman of the Committee on the
Budget of the House of Representatives or the Senate under
paragraph (1) may be placed before the committee for its
consideration by a majority vote of the members of the
committee, a quorum being present.
``(b) Reserve Fund for Emergencies.--
``(1) Amounts.--(A) The amount set forth in the reserve
fund for emergencies for budget authority for a fiscal year
pursuant to section 301(a)(4) shall equal the average of the
enacted levels of budget authority for emergencies in the 5
fiscal years preceding the current year.
``(B) The amount set forth in the reserve fund for
emergencies for outlays pursuant to section 301(a)(4) shall
be the following:
``(i) For the budget year, the amount provided by
subparagraph (C)(i).
``(ii) For the year following the budget year, the sum of
the amounts provided by subparagraphs (i) and (ii).
``(iii) For the second year following the budget year, the
sum of the amounts provided by subparagraphs (i), (ii), and
(iii).
``(iv) For the third year following the budget year, the
sum of the amounts provided by subparagraphs (i), (ii),
(iii), and (iv).
``(v) For the fourth year following the budget year, the
sum of the amounts provided by subparagraphs (i), (ii),
(iii), (iv), and (v).
``(C) The amount used to calculate the levels of the
reserve fund for emergencies for outlays shall be the--
``(i) average outlays flowing from new budget authority in
the fiscal year that the budget authority was provided;
``(ii) average outlays flowing from new budget authority in
the fiscal year following the fiscal year in which the budget
authority was provided;
``(iii) average outlays flowing from new budget authority
in the second fiscal year following the fiscal year in which
the budget authority was provided;
``(iv) average outlays flowing from new budget authority in
the third fiscal year following the fiscal year in which the
budget authority was provided for budget authority provided;
and
``(v) average outlays flowing from new budget authority in
the fourth fiscal year following the fiscal year in which the
budget authority was provided;
if such budget authority was provided within the period of
the 5 fiscal years preceding the current year.
``(2) Average levels.--For purposes of paragraph (1), the
amount used for a fiscal year to calculate the average of the
enacted levels when one or more of such 5 preceding fiscal
years is any of fiscal years 1996 through 2000 shall be for
emergencies within the definition of section 3(12)(A) as
determined by the Committees on the Budget of the House of
Representatives and the Senate after receipt of a report on
such matter transmitted to such committees by the Director of
the Congressional Budget Office 6 months after the date of
enactment of this section and thereafter in February of each
calendar year.
``(c) Emergencies in Excess of Amounts in Reserve Fund.--
Whenever the Committee on Appropriations or any other
committee reports any bill or joint resolution that provides
budget authority for any emergency and the report
accompanying that bill or joint resolution, pursuant to
subsection (d), identifies any provision that increases
outlays or provides budget authority (and the outlays flowing
therefrom) for such emergency, the enactment of which would
cause--
``(1) in the case of the Committee on Appropriations, the
total amount of budget authority or outlays provided for
emergencies for the budget year; or
``(2) in the case of any other committee, the total amount
of budget authority or outlays provided for emergencies for
the budget year or the total of the fiscal years;
in the joint resolution on the budget (pursuant to section
301(a)(4)) to be exceeded:
``(A) Such bill or joint resolution shall be referred to
the Committee on the Budget of the House or the Senate, as
the case may be, with instructions to report it without
amendment, other than that specified in subparagraph (B),
within 5 legislative days of the day in which it is reported
from the originating committee. If the Committee on the
Budget of either House fails to report a bill or joint
resolution referred to it under this subparagraph within such
5-day period, the committee shall be automatically discharged
from further consideration of such bill or joint resolution
and such bill or joint resolution shall be placed on the
appropriate calendar.
``(B) An amendment to such a bill or joint resolution
referred to in this subsection shall only consist of an
exemption from section 251 or 252 (as applicable) of the
Balanced Budget and Emergency Deficit Control Act of 1985 of
all or any part of the provisions that provide budget
authority (and the outlays flowing therefrom) for such
emergency if the committee determines, pursuant to the
guidelines referred to in section 204 of the Comprehensive
Budget Process Reform Act of 2000, that such budget authority
is for an emergency within the meaning of section 3(12).
``(C) If such a bill or joint resolution is reported with
an amendment specified in subparagraph (B) by the Committee
on the Budget of the House of Representatives or the Senate,
then the budget authority and resulting outlays that are the
subject of such amendment shall not be included in any
determinations under section 302(f) or 311(a) for any bill,
joint resolution, amendment, motion, or conference report.
``(d) Committee Notification of Emergency Legislation.--
Whenever the Committee on Appropriations or any other
committee of either House (including a committee of
conference) reports any bill or joint resolution that
provides budget authority for any emergency, the report
accompanying that bill or joint resolution (or the joint
explanatory statement of managers in the case of a conference
report on any such bill or joint resolution) shall identify
all provisions that provide budget authority and the outlays
flowing therefrom for such emergency and include a statement
of the reasons why such budget authority meets the definition
of an emergency pursuant to the guidelines referred to in
section 204 of the Comprehensive Budget Process Reform Act of
2000.''.
(b) Conforming Amendment.--The table of contents set forth
in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item
relating to section 316 the following new item:
``Sec. 317. Emergencies.''.
SEC. 207. UP-TO-DATE TABULATIONS.
Section 308(b)(2) of the Congressional Budget Act of 1974
is amended by striking ``and'' at the end of subparagraph
(B), by striking the period at the end of subparagraph (C)
and inserting ``; and'', and by adding at the end the
following new subparagraph:
``(D) shall include an up-to-date tabulation of amounts
remaining in the reserve fund for emergencies.''.
SEC. 208. PROHIBITION ON AMENDMENTS TO EMERGENCY RESERVE
FUND.
(a) Point of Order.--Section 305 of the Congressional
Budget Act of 1974 (as amended by section 103(c)) is further
amended by adding at the end the following new subsection:
``(f) Point of Order Regarding Emergency Reserve Fund.--It
shall not be in order in the House of Representatives or in
the Senate to consider an amendment to a joint resolution on
the budget which changes the amount of budget authority and
outlays set forth in section 301(a)(4) for emergency reserve
fund.''.
[[Page H3112]]
(b) Technical Amendment.--(1) Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting
``305(e), 305(f),'' after ``305(c)(4),''.
(2) Section 904(d)(2) of the Congressional Budget Act of
1974 is amended by inserting ``305(e), 305(f),'' after
``305(c)(4),''.
SEC. 209. EFFECTIVE DATE.
The amendments made by this title shall apply to fiscal
year 2002 and subsequent fiscal years, but such amendments
shall take effect only after the enactment of legislation
changing or extending for any fiscal year the discretionary
spending limits set forth in section 251 of the Balanced
Budget and Emergency Deficit Control Act of 1985 or
legislation reducing the amount of any sequestration under
section 252 of such Act by the amount of any reserve for any
emergencies.
TITLE III--ENFORCEMENT OF BUDGETARY DECISIONS
SEC. 301. PURPOSES.
The purposes of this title are to--
(1) close loopholes in the enforcement of budget
resolutions;
(2) require committees of the House of Representatives to
include budget compliance statements in reports accompanying
all legislation;
(3) require committees of the House of Representatives to
justify the need for waivers of the Congressional Budget Act
of 1974; and
(4) provide cost estimates of conference reports.
Subtitle A--Application of Points of Order to Unreported Legislation
SEC. 311. APPLICATION OF BUDGET ACT POINTS OF ORDER TO
UNREPORTED LEGISLATION.
(a) Section 315 of the Congressional Budget Act of 1974 is
amended by striking ``reported'' the first place it appears.
(b) Section 303(b) of the Congressional Budget Act of 1974
(as amended by section 104(b)(1)) is further amended--
(1) in paragraph (1), by striking ``(A)'' and by
redesignating subparagraph (B) as paragraph (2) and by
striking the semicolon at the end of such new paragraph (2)
and inserting a period; and
(2) by striking paragraph (2) (as redesignated by such
section 104(b)(1)).
Subtitle B--Compliance With Budget Resolution
SEC. 321. BUDGET COMPLIANCE STATEMENTS.
Clause 3(d) of rule XIII of the Rules of the House of
Representatives is amended by adding at the end the following
new subparagraph:
``(4) A budget compliance statement prepared by the
chairman of the Committee on the Budget, if timely submitted
prior to the filing of the report, which shall include
assessment by such chairman as to whether the bill or joint
resolution complies with the requirements of sections 302,
303, 306, 311, and 401 of the Congressional Budget Act of
1974 or any other requirements set forth in a joint
resolution on the budget and may include the budgetary
implications of that bill or joint resolution under section
251 or 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985, as applicable.''.
Subtitle C--Justification for Budget Act Waivers
SEC. 331. JUSTIFICATION FOR BUDGET ACT WAIVERS IN THE HOUSE
OF REPRESENTATIVES.
Clause 6 of rule XIII of the Rules of the House of
Representatives is amended by adding at the end the following
new paragraph:
``(h) It shall not be in order to consider any resolution
from the Committee on Rules for the consideration of any
reported bill or joint resolution which waives section 302,
303, 311, or 401 of the Congressional Budget Act of 1974,
unless the report accompanying such resolution includes a
description of the provision proposed to be waived, an
identification of the section being waived, the reasons why
such waiver should be granted, and an estimated cost of the
provisions to which the waiver applies.''.
Subtitle D--CBO Scoring of Conference Reports
SEC. 341. CBO SCORING OF CONFERENCE REPORTS.
(a) The first sentence of section 402 of the Congressional
Budget Act of 1974 is amended as follows:
(1) Insert ``or conference report thereon,'' before ``and
submit''.
(2) In paragraph (1), strike ``bill or resolution'' and
insert ``bill, joint resolution, or conference report''.
(3) At the end of paragraph (2) strike ``and'', at the end
of paragraph (3) strike the period and insert ``; and'', and
after such paragraph (3) add the following new paragraph:
``(4) A determination of whether such bill, joint
resolution, or conference report provides direct spending.''.
(b) The second sentence of section 402 of the Congressional
Budget Act of 1974 is amended by inserting before the period
the following: ``, or in the case of a conference report,
shall be included in the joint explanatory statement of
managers accompanying such conference report if timely
submitted before such report is filed''.
TITLE IV--ACCOUNTABILITY FOR FEDERAL SPENDING
SEC. 401. PURPOSES.
The purposes of this title are to--
(1) require committees to develop a schedule for
reauthorizing all programs within their jurisdictions;
(2) provide an opportunity to offer amendments to subject
new entitlement programs to annual discretionary
appropriations;
(3) require the Committee on the Budget to justify any
allocation to an authorizing committee for legislation that
would not be subject to annual discretionary appropriation;
(4) provide estimates of the long-term impact of spending
and tax legislation;
(5) provide a point of order for legislation creating a new
direct spending program that does not expire within 10 years;
and
(6) require a vote in the House of Representatives on any
measure that increases the statutory limit on the public
debt.
Subtitle A--Limitations on Direct Spending
SEC. 411. FIXED-YEAR AUTHORIZATIONS REQUIRED FOR NEW
PROGRAMS.
Section 401 of the Congressional Budget Act of 1974 is
amended--
(1) by striking subsection (b) and inserting the following
new subsections:
``(b) Limitation on Direct Spending.--It shall not be in
order in the House of Representatives or in the Senate to
consider a bill or joint resolution, or an amendment, motion,
or conference report that provides direct spending for a new
program, unless such spending is limited to a period of 10 or
fewer fiscal years.
``(c) Limitation on Authorization of Discretionary
Appropriations.--It shall not be in order in the House of
Representatives or in the Senate to consider any bill, joint
resolution, amendment, or conference report that authorizes
the appropriation of new budget authority for a new program,
unless such authorization is specifically provided for a
period of 10 or fewer fiscal years.''; and
(2) by redesignating subsection (c) as subsection (d) and
by striking ``(a) and (b)'' both places it appears in such
redesignated subsection (d) and inserting ``(a), (b), and
(c)''.
SEC. 412. AMENDMENTS TO SUBJECT NEW DIRECT SPENDING TO ANNUAL
APPROPRIATIONS.
(a) House Procedures.--Clause 5 of rule XVIII of the Rules
of the House of Representatives is amended by adding at the
end the following new paragraph:
``(c)(1) In the Committee of the Whole, an amendment only
to subject a new program which provides direct spending to
discretionary appropriations, if offered by the chairman of
the Committee on the Budget (or his designee) or the chairman
of the Committee of Appropriations (or his designee), may be
precluded from consideration only by the specific terms of a
special order of the House. Any such amendment, if offered,
shall be debatable for twenty minutes equally divided and
controlled by the proponent of the amendment and a Member
opposed and shall not be subject to amendment.
``(2) As used in subparagraph (1), the term `direct
spending' has the meaning given such term in section 3(11) of
the Congressional Budget and Impoundment Control Act of 1974,
except that such term does not include direct spending
described in section 401(d)(1) of such Act.''.
(b) Adjustment of Discretionary Spending Limits for
Discretionary Appropriations Offset by Direct Spending
Savings.--
(1) Purpose.--The purpose of the amendments made by this
subsection is to hold the discretionary spending limits and
the allocations made to the Committee on Appropriations under
section 302(a) of the Congressional Budget Act of 1974
harmless for legislation that offsets a new discretionary
program with a designated reduction in direct spending.
(2) Designating direct spending savings in authorization
legislation for new discretionary programs.--Section 252 of
the Balanced Budget and Emergency Deficit Control Act of 1985
(as amended by section 202) is further amended by adding at
the end the following new subsection:
``(e) Offsets.--If a provision of direct spending
legislation is enacted that--
``(1) decreases direct spending for any fiscal year; and
``(2) is designated as an offset pursuant to this
subsection and such designation specifically identifies an
authorization of discretionary appropriations (contained in
such legislation) for a new program,
then the reductions in new budget authority and outlays in
all fiscal years resulting from that provision shall be
designated as an offset in the reports required under
subsection (d).''.
(3) Exempting such designated direct spending savings from
paygo scorecard.--Section 252(d)(4) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (as amended by
section 202(b)) is further amended by adding at the end the
following new subparagraph:
``(B) offset provisions as designated under subsection
(e).''.
(4) Adjustment in discretionary spending limits.--Section
251(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (as amended by section 202(a)(2)) is
further amended by adding at the end the following new
subparagraph:
``(G) Discretionary authorization offsets.--If an Act other
than an appropriation Act includes any provision reducing
direct spending and specifically identifies any such
provision as an offset pursuant to section 252(e), the
adjustments shall be an increase in the discretionary
spending limits for budget authority and outlays in each
fiscal year equal to the amount of the budget authority and
outlay reductions, respectively, achieved by the specified
offset in that fiscal
[[Page H3113]]
year, except that the adjustments for the budget year in
which the offsetting provision takes effect shall not exceed
the amount of discretionary new budget authority provided for
the new program (authorized in that Act) in an Act making
discretionary appropriations and the outlays flowing
therefrom.''.
(5) Adjustment in appropriation committee's allocations.--
Section 314(b) of the Congressional Budget Act of 1974 (as
amended by section 202(d)) is further amended by striking ``;
or'' at the end of paragraph (4), by striking the period and
inserting ``; or'' at the end of paragraph (5), and by
adding at the end the following new paragraph:
``(6) the amount provided in an Act making discretionary
appropriations for the program for which an offset was
designated pursuant to section 252(e) of the Balanced Budget
and Emergency Deficit Control Act of 1985 and any outlays
flowing therefrom, but not to exceed the amount of the
designated decrease in direct spending for that year for that
program in a prior law.''.
(6) Adjustment in authorizing committee's allocations.--
Section 314 of the Congressional Budget Act of 1974 is
amended by adding at the end the following new subsection:
``(f) Adjustment in Authorizing Committee's Allocations by
Amount of Direct Spending Offset.--After the reporting of a
bill or joint resolution (by a committee other than the
Committee on Appropriations), or the offering of an amendment
thereto or the submission of a conference report thereon,
that contains a provision that decreases direct spending for
any fiscal year and that is designated as an offset pursuant
to section 252(e) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the chairman of the Committee on
the Budget shall reduce the allocations of new budget
authority and outlays made to such committee under section
302(a)(1) by the amount so designated.''.
Subtitle B--Enhanced Congressional Oversight Responsibilities
SEC. 421. TEN-YEAR CONGRESSIONAL REVIEW REQUIREMENT OF
PERMANENT BUDGET AUTHORITY.
(a) Timetable for Review.--Clause 2(d)(1) of rule X of the
Rules of the House of Representatives is amended by striking
subdivisions (B) and (C) and inserting the following new
subdivision:
``(B) provide in its plans a specific timetable for its
review of those laws, programs, or agencies within its
jurisdiction, including those that operate under permanent
budget authority or permanent statutory authority and such
timetable shall demonstrate that each law, program, or agency
within the committee's jurisdiction will be reauthorized at
least once every 10 years.''.
(b) Review of Permanent Budget Authority by the Committee
on Appropriations.--Clause 4(a) of rule X of the Rules of the
House of Representatives is amended--
(1) by striking subparagraph (2); and
(2) by redesignating subparagraphs (3) and (4) as
subparagraphs (2) and (3) and by striking ``from time to
time'' and inserting ``at least once each Congress'' in
subparagraph (2) (as redesignated).
(c) Conforming Amendment.--Clause 4(e)(2) of rule X of the
Rules of the House of Representatives is amended by striking
``from time to time'' and inserting ``at least once every ten
years''.
SEC. 422. JUSTIFICATIONS OF DIRECT SPENDING.
(a) Section 302 Allocations.--Section 302(a) of the
Congressional Budget Act of 1974 (as amended by section
104(a)) is further amended by adding at the end the following
new paragraph:
``(5) Justification of certain spending allocations.--The
joint explanatory statement accompanying a conference report
on a joint resolution on the budget that includes any
allocation to a committee (other than the Committee on
Appropriations) of levels in excess of current law levels
shall set forth a justification (such as an activity that is
fully offset by increases in dedicated receipts and that such
increases would trigger, under existing law, an adjustment in
the appropriate discretionary spending limit) for not
subjecting any program, project, or activity (for which the
allocation is made) to annual discretionary appropriation.''.
(b) Presidents' Budget Submissions.--Section 1105(a) of
title 31, United States Code, is amended by adding at the end
the following new paragraph:
``(33) a justification for not subjecting each proposed new
direct spending program, project, or activity to
discretionary appropriations (such as an activity that is
fully offset by increases in dedicated receipts and that such
increases would trigger, under existing law, an adjustment in
the appropriate discretionary spending limit).''.
(c) Committee Justification for Direct Spending.--Clause
4(e)(2) of rule X of the Rules of the House of
Representatives is amended by inserting before the period the
following: ``, and will provide specific information in any
report accompanying such bills and joint resolutions to the
greatest extent practicable to justify the reasons that the
programs, projects, and activities involved would not be
subject to annual appropriation (such as an activity that is
fully offset by increases in dedicated receipts and that such
increases would trigger, under existing law, an adjustment in
the appropriate discretionary spending limit)''.
SEC. 423. SURVEY OF ACTIVITY REPORTS OF HOUSE COMMITTEES.
Clause 1(d) of rule XI of the Rules of the House of
Representatives is amended by redesignating paragraph (4) as
paragraph (5) and by inserting after paragraph (3) the
following new paragraph:
``(4) Such report shall include a summary of and
justifications for all bills and joint resolutions reported
by such committee that--
``(A) were considered before the adoption of the
appropriate budget resolution and did not fall within an
exception set forth in section 303(b) of the Congressional
Budget Act of 1974;
``(B) exceeded its allocation under section 302(a) of such
Act or breached an aggregate level in violation of section
311 of such Act; or
``(C) contained provisions in violation of section 401 of
such Act.
Such report shall also specify the total amount by which
legislation reported by that committee exceeded its
allocation under section 302(a) or breached the revenue floor
under section 311(a) of such Act for each fiscal year during
that Congress.''.
SEC. 424. CONTINUING STUDY OF ADDITIONAL BUDGET PROCESS
REFORMS.
Section 703 of the Congressional Budget Act of 1974 is
amended as follows:
(1) In subsection (a), strike ``and'' at the end of
paragraph (3), strike the period at the end of paragraph (4)
and insert ``; and'', and at the end add the following new
paragraph:
``(5) evaluating whether existing programs, projects, and
activities should be subject to discretionary appropriations
and establishing guidelines for subjecting new or expanded
programs, projects, and activities to annual appropriation
and recommend any necessary changes in statutory enforcement
mechanisms and scoring conventions to effectuate such
changes. These guidelines are only for advisory purposes.''.
(2) In subsection (b), strike ``from time to time'' and
insert ``during the One Hundred Seventh Congress''.
SEC. 425. GAO REPORTS.
The last sentence of section 404 of the Congressional
Budget Act of 1974 is amended to read as follows: ``Such
report shall be revised at least once every five years and
shall be transmitted to the chairman and ranking minority
member of each committee of the House of Representatives and
the Senate.''.
Subtitle C--Strengthened Accountability
SEC. 431. TEN-YEAR CBO ESTIMATES.
(a) CBO Reports on Legislation.--Section 308(a)(1)(B) of
the Congressional Budget Act of 1974 is amended by striking
``four'' and inserting ``nine''.
(b) Analysis by CBO.--Section 402(1) of the Congressional
Budget Act of 1974 is amended by striking ``4'' and inserting
``nine''.
(c) Cost Estimates.--Clause 3(d)(2)(A) of rule XIII of the
Rules of the House of Representatives is amended by striking
``five'' each place it appears and inserting ``10''.
SEC. 432. REPEAL OF RULE XXIII OF THE RULES OF THE HOUSE OF
REPRESENTATIVES.
Rule XXIII of the Rules of the House of Representatives
(relating to the establishment of the statutory limit on the
public debt) is repealed.
TITLE V--BUDGETING FOR UNFUNDED LIABILITIES AND OTHER LONG-TERM
OBLIGATIONS
SEC. 501. PURPOSES.
The purposes of this title are to--
(1) budget for the long-term costs of Federal insurance
programs;
(2) improve congressional control of those costs; and
(3) periodically report on long-term budgetary trends.
Subtitle A--Budgetary Treatment of Federal Insurance Programs
SEC. 511. FEDERAL INSURANCE PROGRAMS.
(a) In General.--The Congressional Budget Act of 1974 is
amended by adding after title V the following new title:
``TITLE VI--BUDGETARY TREATMENT OF FEDERAL INSURANCE PROGRAMS
``SEC. 601. SHORT TITLE.
``This title may be cited as the `Federal Insurance
Budgeting Act of 2000'.
``SEC. 602. BUDGETARY TREATMENT.
``(a) President's Budget.--Beginning with fiscal year 2007,
the budget of the Government pursuant to section 1105(a) of
title 31, United States Code, shall be based on the risk-
assumed cost of Federal insurance programs.
``(b) Budget Accounting.--For any Federal insurance
program--
``(1) the program account shall--
``(A) pay the risk-assumed cost borne by the taxpayer to
the financing account, and
``(B) pay actual insurance program administrative costs;
``(2) the financing account shall--
``(A) receive premiums and other income,
``(B) pay all claims for insurance and receive all
recoveries,
``(C) transfer to the program account on not less than an
annual basis amounts necessary to pay insurance program
administrative costs;
``(3) a negative risk-assumed cost shall be transferred
from the financing account to the program account, and shall
be transferred from the program account to the general fund;
and
``(4) all payments by or receipts of the financing accounts
shall be treated in the budget as a means of financing.
[[Page H3114]]
``(c) Appropriations Required.--(1) Notwithstanding any
other provision of law, insurance commitments may be made for
fiscal year 2007 and thereafter only to the extent that new
budget authority to cover their risk-assumed cost is provided
in advance in an appropriation Act.
``(2) An outstanding insurance commitment shall not be
modified in a manner that increases its risk-assumed cost
unless budget authority for the additional cost has been
provided in advance.
``(3) Paragraph (1) shall not apply to Federal insurance
programs that constitute entitlements.
``(d) Reestimates.--The risk-assumed cost for a fiscal year
shall be reestimated in each subsequent year. Such reestimate
can equal zero. In the case of a positive reestimate, the
amount of the reestimate shall be paid from the program
account to the financing account. In the case of a negative
reestimate, the amount of the reestimate shall be paid from
the financing account to the program account, and shall be
transferred from the program account to the general fund.
Reestimates shall be displayed as a distinct and separately
identified subaccount in the program account.
``(e) Administrative Expenses.--All funding for an agency's
administration of a Federal insurance program shall be
displayed as a distinct and separately identified subaccount
in the program account.
``SEC. 603. TIMETABLE FOR IMPLEMENTATION OF ACCRUAL BUDGETING
FOR FEDERAL INSURANCE PROGRAMS.
``(a) Agency Requirements.--Agencies with responsibility
for Federal insurance programs shall develop models to
estimate their risk-assumed cost by year through the budget
horizon and shall submit those models, all relevant data, a
justification for critical assumptions, and the annual
projected risk-assumed costs to OMB with their budget
requests each year starting with the request for fiscal year
2003. Agencies will likewise provide OMB with annual
estimates of modifications, if any, and reestimates of
program costs. Nothing in this subsection shall be construed
to require an agency, which is subject to statutory
requirements, to maintain a risk-based assessment system with
a minimum level of reserves against loss and to assess
insured entities for risk-based premiums, to provide models,
critical assumptions, or other data that would, as determined
by such agency, affect financial markets or the viability of
insured entities.
``(b) Disclosure.--When the President submits a budget of
the Government pursuant to section 1105(a) of title 31,
United States Code, for fiscal year 2003, OMB shall publish a
notice in the Federal Register advising interested persons of
the availability of information describing the models, data
(including sources), and critical assumptions (including
explicit or implicit discount rate assumptions) that it or
other executive branch entities would use to estimate the
risk-assumed cost of Federal insurance programs and giving
such persons an opportunity to submit comments. At the same
time, the chairman of the Committee on the Budget shall
publish a notice for CBO in the Federal Register advising
interested persons of the availability of information
describing the models, data (including sources), and critical
assumptions (including explicit or implicit discount rate
assumptions) that it would use to estimate the risk-assumed
cost of Federal insurance programs and giving such interested
persons an opportunity to submit comments.
``(c) Revision.--(1) After consideration of comments
pursuant to subsection (b), and in consultation with the
Committees on the Budget of the House of Representatives and
the Senate, OMB and CBO shall revise the models, data, and
major assumptions they would use to estimate the risk-assumed
cost of Federal insurance programs. Except as provided by the
next sentence, this paragraph shall not apply to an agency
that is subject to statutory requirements to maintain a risk-
based assessment system with a minimum level of reserves
against loss and to assess insured entities for risk-based
premiums. However, such agency shall consult with the
aforementioned entities.
``(2) When the President submits a budget of the Government
pursuant to section 1105(a) of title 31, United States Code,
for fiscal year 2004, OMB shall publish a notice in the
Federal Register advising interested persons of the
availability of information describing the models, data
(including sources), and critical assumptions (including
explicit or implicit discount rate assumptions) that it or
other executive branch entities used to estimate the risk-
assumed cost of Federal insurance programs.
``(d) Display.--
``(1) In general.--For fiscal years 2004, 2005, and 2006
the budget submissions of the President pursuant to section
1105(a) of title 31, United States Code, and CBO's reports
on the economic and budget outlook pursuant to section
202(e)(1) and the President's budgets, shall for display
purposes only, estimate the risk-assumed cost of existing
or proposed Federal insurance programs.
``(2) OMB.--The display in the budget submissions of the
President for fiscal years 2004, 2005, and 2006 shall
include--
``(A) a presentation for each Federal insurance program in
budget-account level detail of estimates of risk-assumed
cost;
``(B) a summary table of the risk-assumed costs of Federal
insurance programs; and
``(C) an alternate summary table of budget functions and
aggregates using risk-assumed rather than cash-based cost
estimates for Federal insurance programs.
``(3) CBO.--In the 108th Congress and the first session of
the 109th Congress, CBO shall include in its estimates under
section 308, for display purposes only, the risk-assumed cost
of existing Federal insurance programs, or legislation that
CBO, in consultation with the Committees on the Budget of the
House of Representatives and the Senate, determines would
create a new Federal insurance program.
``(e) OMB, CBO, and GAO Evaluations.--(1) Not later than 6
months after the budget submission of the President pursuant
to section 1105(a) of title 31, United States Code, for
fiscal year 2006, OMB, CBO, and GAO shall each submit to the
Committees on the Budget of the House of Representatives and
the Senate a report that evaluates the advisability and
appropriate implementation of this title.
``(2) Each report made pursuant to paragraph (1) shall
address the following:
``(A) The adequacy of risk-assumed estimation models used
and alternative modeling methods.
``(B) The availability and reliability of data or
information necessary to carry out this title.
``(C) The appropriateness of the explicit or implicit
discount rate used in the various risk-assumed estimation
models.
``(D) The advisability of specifying a statutory discount
rate (such as the Treasury rate) for use in risk-assumed
estimation models.
``(E) The ability of OMB, CBO, or GAO, as applicable, to
secure any data or information directly from any Federal
agency necessary to enable it to carry out this title.
``(F) The relationship between risk-assumed accrual
budgeting for Federal insurance programs and the specific
requirements of the Balanced Budget and Emergency Deficit
Control Act of 1985.
``(G) Whether Federal budgeting is improved by the
inclusion of risk-assumed cost estimates for Federal
insurance programs.
``(H) The advisability of including each of the programs
currently estimated on a risk-assumed cost basis in the
Federal budget on that basis.
``SEC. 604. DEFINITIONS.
``For purposes of this title:
``(1) The term `Federal insurance program' means a program
that makes insurance commitments and includes the list of
such programs included in the joint explanatory statement of
managers accompanying the conference report on the
Comprehensive Budget Process Reform Act of 2000.
``(2) The term `insurance commitment' means an agreement in
advance by a Federal agency to indemnify a nonfederal entity
against specified losses. This term does not include loan
guarantees as defined in title V or benefit programs such as
social security, medicare, and similar existing social
insurance programs.
``(3)(A) The term `risk-assumed cost' means the net present
value of the estimated cash flows to and from the Government
resulting from an insurance commitment or modification
thereof.
``(B) The cash flows associated with an insurance
commitment include--
``(i) expected claims payments inherent in the Government's
commitment;
``(ii) net premiums (expected premium collections received
from or on behalf of the insured less expected administrative
expenses);
``(iii) expected recoveries; and
``(iv) expected changes in claims, premiums, or recoveries
resulting from the exercise by the insured of any option
included in the insurance commitment.
``(C) The cost of a modification is the difference between
the current estimate of the net present value of the
remaining cash flows under the terms of the insurance
commitment, and the current estimate of the net present value
of the remaining cash flows under the terms of the insurance
commitment as modified.
``(D) The cost of a reestimate is the difference between
the net present value of the amount currently required by the
financing account to pay estimated claims and other
expenditures and the amount currently available in the
financing account. The cost of a reestimate shall be
accounted for in the current year in the budget of the
Government pursuant to section 1105(a) of title 31, United
States Code.
``(E) For purposes of this definition, expected
administrative expenses shall be construed as the amount
estimated to be necessary for the proper administration of
the insurance program. This amount may differ from amounts
actually appropriated or otherwise made available for the
administration of the program.
``(4) The term `program account' means the budget account
for the risk-assumed cost, and for paying all costs of
administering the insurance program, and is the account from
which the risk-assumed cost is disbursed to the financing
account.
``(5) The term `financing account' means the nonbudget
account that is associated with each program account which
receives payments from or makes payments to the program
account, receives premiums and other payments from the
public, pays insurance claims, and holds balances.
``(6) The term `modification' means any Government action
that alters the risk-assumed cost of an existing insurance
commitment from the current estimate of cash flows. This
includes any action resulting
[[Page H3115]]
from new legislation, or from the exercise of administrative
discretion under existing law, that directly or indirectly
alters the estimated cost of existing insurance commitments.
``(7) The term `model' means any actuarial, financial,
econometric, probabilistic, or other methodology used to
estimate the expected frequency and magnitude of loss-
producing events, expected premiums or collections from or on
behalf of the insured, expected recoveries, and
administrative expenses.
``(8) The term `current' has the same meaning as in section
250(c)(9) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
``(9) The term `OMB' means the Director of the Office of
Management and Budget.
``(10) The term `CBO' means the Director of the
Congressional Budget Office.
``(11) The term `GAO' means the Comptroller General of the
United States.
``SEC. 605. AUTHORIZATIONS TO ENTER INTO CONTRACTS; ACTUARIAL
COST ACCOUNT.
``(a) Authorization of Appropriations.--There is authorized
to be appropriated $600,000 for each of fiscal years 2001
through 2006 to the Director of the Office of Management and
Budget and each agency responsible for administering a
Federal program to carry out this title.
``(b) Treasury Transactions With the Financing Accounts.--
The Secretary of the Treasury shall borrow from, receive
from, lend to, or pay the insurance financing accounts such
amounts as may be appropriate. The Secretary of the Treasury
may prescribe forms and denominations, maturities, and terms
and conditions for the transactions described above. The
authorities described above shall not be construed to
supersede or override the authority of the head of a Federal
agency to administer and operate an insurance program. All
the transactions provided in this subsection shall be subject
to the provisions of subchapter II of chapter 15 of title 31,
United States Code. Cash balances of the financing accounts
in excess of current requirements shall be maintained in a
form of uninvested funds, and the Secretary of the Treasury
shall pay interest on these funds.
``(c) Appropriation of Amount Necessary To Cover Risk-
Assumed Cost of Insurance Commitments at Transition Date.--
(1) A financing account is established on September 30, 2006,
for each Federal insurance program.
``(2) There is appropriated to each financing account the
amount of the risk-assumed cost of Federal insurance
commitments outstanding for that program as of the close of
September 30, 2006.
``(3) These financing accounts shall be used in
implementing the budget accounting required by this title.
``SEC. 606. EFFECTIVE DATE.
``(a) In General.--This title shall take effect immediately
and shall expire on September 30, 2008.
``(b) Special Rule.--If this title is not reauthorized by
September 30, 2008, then the accounting structure and
budgetary treatment of Federal insurance programs shall
revert to the accounting structure and budgetary treatment in
effect immediately before the date of enactment of this
title.''.
(b) Conforming Amendment.--The table of contents set forth
in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item
relating to section 507 the following new items:
``TITLE VI--BUDGETARY TREATMENT OF FEDERAL INSURANCE PROGRAMS
``Sec. 601. Short title.
``Sec. 602. Budgetary treatment.
``Sec. 603. Timetable for implementation of accrual budgeting for
Federal insurance programs.
``Sec. 604. Definitions.
``Sec. 605. Authorizations to enter into contracts; actuarial cost
account.
``Sec. 606. Effective date.''.
Subtitle B--Reports on Long-Term Budgetary Trends
SEC. 521. REPORTS ON LONG-TERM BUDGETARY TRENDS.
(a) The President's Budget.--Section 1105(a) of title 31,
United States Code (as amended by section 404), is further
amended by adding at the end the following new paragraph:
``(34) an analysis based upon current law and an analysis
based upon the policy assumptions underlying the budget
submission for every fifth year of the period of 75 fiscal
years beginning with such fiscal year, of the estimated
levels of total new budget authority and total budget
outlays, estimated revenues, estimated surpluses and
deficits, and, for social security, medicare, medicaid, and
all other direct spending, estimated levels of total new
budget authority and total budget outlays; and a
specification of its underlying assumptions and a sensitivity
analysis of factors that have a significant effect on the
projections made in each analysis; and a comparison of the
effects of each of the two analyses on the economy, including
such factors as inflation, foreign investment, interest
rates, and economic growth.''.
(b) CBO Reports.--Section 202(e)(1) of the Congressional
Budget Act of 1974 is amended by adding at the end the
following new sentences: ``Such report shall also include an
analysis based upon current law for every fifth year of the
period of 75 fiscal years beginning with such fiscal year, of
the estimated levels of total new budget authority and total
budget outlays, estimated revenues, estimated surpluses and
deficits, and, for social security, medicare, medicaid, and
all other direct spending, estimated levels of total new
budget authority and total budget outlays. The report
described in the preceding sentence shall also specify its
underlying assumptions and set forth a sensitivity analysis
of factors that have a significant effect on the projections
made in the report.''.
TITLE VI--BASELINES AND BYRD RULE
SEC. 601. PURPOSE.
The purposes of this title are to--
(1) require budgetary comparisons to prior year levels; and
(2) restrict the application of the Byrd rule to measures
other than conference reports.
Subtitle A--The Baseline
SEC. 611. THE PRESIDENT'S BUDGET.
(a) Paragraph (5) of section 1105(a) of title 31, United
States Code, is amended to read as follows:
``(5) except as provided in subsection (b) of this section,
estimated expenditures and appropriations for the current
year and 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 following that year, and, except for detailed
budget estimates, the percentage change from the current year
to the fiscal year for which the budget is submitted for
estimated expenditures and for appropriations.''.
(b) Section 1105(a)(6) of title 31, United States Code, is
amended to read as follows:
``(6) estimated receipts of the Government in the current
year and 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, and the
percentage change (in the case of each category referred
to in subparagraphs (A) and (B)) between the current year
and the fiscal year for which the budget is submitted and
between the current year and each of the 9 fiscal years
after the fiscal year for which the budget is
submitted.''.
(c) Section 1105(a)(12) of title 31, United States Code, is
amended to read as follows:
``(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;
``(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; and
``(C) the estimated amount for the same activity or
function, if any, in the current fiscal year,
and, except for detailed budget estimates, the percentage
change (in the case of each category referred to in
subparagraphs (A), (B), and (C)) between the current year and
the fiscal year for which the budget is submitted.''.
(d) Section 1105(a)(18) of title 31, United States Code, is
amended by inserting ``new budget authority and'' before
``budget outlays''.
(e) Section 1105(a) of title 31, United States Code, (as
amended by sections 412(b) and 521(a)) is further amended by
adding at the end the following new paragraphs:
``(35) a comparison of levels of estimated expenditures and
proposed appropriations for each function and subfunction in
the current fiscal year and the fiscal year for which the
budget is submitted, along with the proposed increase or
decrease of spending in percentage terms for each function
and subfunction.
``(36) a table on sources of growth in total direct
spending under current law and as proposed in this budget
submission for the budget year and the ensuing 9 fiscal
years, which shall include changes in outlays attributable to
the following: cost-of-living adjustments; changes in the
number of program recipients; increases in medical care
prices, utilization and intensity of medical care; and
residual factors.
``(37) a comparison of the estimated level of obligation
limitations, budget authority, and outlays for highways
subject to the discretionary spending limits for highways (if
any) set forth in section 251(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 for the fiscal
year for which the budget is submitted and the
corresponding levels for such year under current law as
adjusted pursuant to section 251(b)(1)(D) of such Act.''.
(f) Section 1109(a) of title 31, United States Code, is
amended by inserting after the first sentence the following
new sentence: ``For discretionary spending, these estimates
shall assume the levels set forth in the discretionary
spending limits under section 251(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as adjusted, for
the appropriate fiscal years (and if no such limits are in
effect, these estimates shall assume the adjusted levels for
the most recent fiscal year for which such levels were in
effect).''.
SEC. 612. THE CONGRESSIONAL BUDGET.
Section 301(e) of the Congressional Budget Act of 1974 (as
amended by section 103) is further amended--
(1) in paragraph (1), by inserting at the end the
following: ``The basis of deliberations in developing such
joint resolution shall be the
[[Page H3116]]
estimated budgetary levels for the preceding fiscal year. Any
budgetary levels pending before the committee and the text of
the joint resolution shall be accompanied by a document
comparing such levels or such text to the estimated levels of
the prior fiscal year. Any amendment offered in the committee
that changes a budgetary level and is based upon a specific
policy assumption for a program, project, or activity shall
be accompanied by a document indicating the estimated amount
for such program, project, or activity in the current
year.''; and
(2) in paragraph (2), by striking ``and'' at the end of
subparagraph (H) (as redesignated), by striking the period
and inserting a semicolon at the end of subparagraph (I) (as
redesignated), and by adding at the end the following new
subparagraphs:
``(J) a comparison of levels for the current fiscal year
with proposed spending and revenue levels for the subsequent
fiscal years along with the proposed increase or decrease of
spending in percentage terms for each function; and
``(K) a comparison of the proposed levels of new budget
authority and outlays for the highway category (if any) (as
defined in section 250(c)(4)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985) for the budget year
with the corresponding levels under current law as adjusted
consistent with the anticipated revenue alignment adjustments
to be made pursuant to section 251(b)(1)(D) of such Act.''.
SEC. 613. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES.
(a) The first sentence of section 202(e)(1) of the
Congressional Budget Act of 1974 is amended by inserting
``compared to comparable levels for the current year'' before
the comma at the end of subparagraph (A) and before the comma
at the end of subparagraph (B).
(b) Section 202(e)(1) of the Congressional Budget Act of
1974 is amended by inserting after the first sentence the
following new sentence: ``Such report shall also include a
table on sources of spending growth in total direct spending
for the budget year and the ensuing 9 fiscal years, which
shall include changes in outlays attributable to the
following: cost-of-living adjustments; changes in the number
of program recipients; increases in medical care prices,
utilization and intensity of medical care; and residual
factors.''.
(c) Section 308(a)(1)(B) of the Congressional Budget Act of
1974 is amended by inserting ``and shall include a comparison
of those levels to comparable levels for the current fiscal
year'' before ``if timely submitted''.
SEC. 614. OUTYEAR ASSUMPTIONS FOR DISCRETIONARY SPENDING.
For purposes of chapter 11 of title 31 of the United States
Code, or the Congressional Budget Act of 1974, unless
otherwise expressly provided, in making budgetary projections
for years for which there are no discretionary spending
limits, the Director of the Office of Management and Budget
and the Director of the Congressional Budget Office shall
assume discretionary spending levels at the levels for the
last fiscal year for which such levels were in effect.
Subtitle B--The Byrd Rule
SEC. 621. LIMITATION ON BYRD RULE.
(a) Protection of Conference Reports.--Section 313 of the
Congressional Budget Act of 1974 is amended--
(1) in subsection (c), by striking ``and again upon the
submission of a conference report on such a reconciliation
bill or resolution,'';
(2) by striking subsection (d);
(3) by redesignating subsection (e) as subsection (d); and
(4) in subsection (e), as redesignated--
(A) by striking ``, motion, or conference report'' the
first place it appears and inserting ``, or motion''; and
(B) by striking ``, motion, or conference report'' the
second and third places it appears and inserting ``or
motion''.
(b) Conforming Amendment.--The first sentence of section
312(e) of the Congressional Budget Act of 1974 is amended by
inserting ``, except for section 313,'' after ``Act''.
The CHAIRMAN. No amendment to that amendment is in order except those
printed in House Report 106-613. Each amendment may be offered only in
the order printed in the report, by a Member designated in the report,
shall be considered as read, shall be debatable for the time specified
in the report, equally divided and controlled by the proponent and an
opponent, shall not be subject to an amendment, and shall not be
subject to a demand for a division of the question.
The Chairman of the Committee of the Whole may postpone a request for
a recorded vote on any amendment, and may reduce to a minimum of 5
minutes the time for voting on any postponed question that immediately
follows another vote, provided that the time for voting on the first
question shall be a minimum of 15 minutes.
It is now in order to consider amendment No. 1 printed in House
Report 106-613.
Amendment No. 1 Offered by Mr. Dreier
Mr. DREIER. Mr. Chairman, I offer amendment No. 1 made in order under
the rule.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Dreier:
At the end, add the following new title:
TITLE VII--BIENNIAL BUDGETING
SEC. 701. FINDINGS.
The Congress finds that--
(1) the annual appropriations and budget process
increasingly dominates the congressional agenda and Congress
regularly fails to meet the deadlines of the Congressional
Budget Act of 1974;
(2) the design of the budget process has led to repetitive
and time-consuming budget votes, decreasing the time
available for the systematic and programmatic oversight of
Federal programs and delaying the enactment of legislation
necessary to fund the Government;
(3) Congress' responsibility to improve the efficiency,
economy, and effectiveness of governmental operations,
evaluate programs and performance, detect and prevent poor
administration, waste, or abuse in Government programs,
ensure that executive policies reflect the public interest,
ensure administrative compliance with legislative intent, and
prevent executive encroachment on legislative authority and
prerogatives is undermined by the current time-consuming and
repetitive budget process;
(4) an annual budget process encourages inefficiency in the
management, stability, and predictability of Federal funding,
particularly for States and localities;
(5) a biennial budget process will reduce the number of
budget-related votes during each Congress, enhance
congressional oversight of Government operations, encourage
longer time horizons in policy planning and greater stability
in fiscal policy;
(6) a biennial budget process was a principal
recommendation of the 1993 Joint Committee on the
Organization of Congress and the Vice President's National
Performance Review;
(7) since the enactment of the Congressional Budget Act of
1974, more than 50 bills addressing a two-year budget cycle
have been introduced, 10 biennial budget related provisions
were reported by congressional committees, 7 passed either
chamber and 4 were enacted; more than 40 congressional or
special committee hearings addressed the issue of biennial
budgeting; and the Congressional Budget Office, the Office of
Management and Budget, and 5 different special task forces or
joint committees of Congress have either recommended biennial
budgeting or further studies of it;
(8) the adoption of a biennial budget process was
recommended by President Reagan in the fiscal year 1989
budget submission, by President Bush in the fiscal year 1990
and 1991 budget submissions, and by President Clinton in the
fiscal year 1995, 2000, and 2001 budget submissions; and
(9) a bipartisan majority of Members of the House of
Representatives support a biennial budget process.
SEC. 702. REVISION OF TIMETABLE.
Section 300 of the Congressional Budget Act of 1974 (2
U.S.C. 631) is amended to read as follows:
``timetable
``Sec. 300. (a) In General.--Except as provided by
subsection (b), the timetable with respect to the
congressional budget process for any Congress (beginning with
the One Hundred Eighth Congress) is as follows:
``First Session
``On or before: Action to be completed:
First Monday in February......... President submits budget
recommendations.
February 15...................... Congressional Budget Office submits
report to Budget Committees.
Not later than 6 weeks after Committees submit views and estimates
budget submission. to Budget Committees.
April 1.......................... Budget Committees report concurrent
resolution on the biennial budget.
May 15........................... Congress completes action on
concurrent resolution on the
biennial budget.
May 15........................... Biennial appropriation bills may be
considered in the House.
June 10.......................... House Appropriations Committee
reports last biennial appropriation
bill.
June 30.......................... House completes action on biennial
appropriation bills.
October 1........................ Biennium begins.
``Second Session
``On or before: Action to be completed:
February 15...................... President submits budget review.
Not later than 6 weeks after Congressional Budget Office submits
President submits budget review. report to Budget Committees.
The last day of the session...... Congress completes action on bills
and resolutions authorizing new
budget authority for the succeeding
biennium.
``(b) Special Rule.--In the case of any first session of
Congress that begins in any year during which the term of a
President (except a President who succeeds himself) begins,
the following dates shall supersede those set forth in
subsection (a):
``First Session
``On or before: Action to be completed:
First Monday in April............ President submits budget
recommendations.
April 20......................... Committees submit views and estimates
to Budget Committees.
May 15........................... Budget Committees report concurrent
resolution on the biennial budget.
June 1........................... Congress completes action on
concurrent resolution on the
biennial budget.
June 1........................... Biennial appropriation bills may be
considered in the House.
July 1........................... House Appropriations Committee
reports last biennial appropriation
bill.
July 20.......................... House completes action on biennial
appropriation bills.
October 1........................ Biennium begins.''.
SEC. 703. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND
IMPOUNDMENT CONTROL ACT OF 1974.
(a) Declaration of Purpose.--Section 2(2) of the
Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 621(2)) is amended by striking ``each year'' and
inserting ``biennially''.
[[Page H3117]]
(b) Definitions.--
(1) Budget resolution.--Section 3(4) of such Act (2 U.S.C.
622(4)) is amended by striking ``fiscal year'' each place it
appears and inserting ``biennium''.
(2) Biennium.--Section 3 of such Act (2 U.S.C. 622) (as
amended by section 203) is further amended by adding at the
end the following new paragraph:
``(13) The term `biennium' means the period of 2
consecutive fiscal years beginning on October 1 of any odd-
numbered year.''.
(c) Biennial Concurrent Resolution on the Budget.--
(1) Contents of resolution.--Section 301(a) of such Act (2
U.S.C. 632(a)) is amended--
(A) in the matter preceding paragraph (1) by--
(i) striking ``April 15 of each year'' and inserting ``May
15 of each odd-numbered year'';
(ii) striking ``the fiscal year beginning on October 1 of
such year'' the first place it appears and inserting ``the
biennium beginning on October 1 of such year''; and
(iii) striking ``the fiscal year beginning on October 1 of
such year'' the second place it appears and inserting ``each
fiscal year in such period'';
(B) in paragraph (6), by striking ``for the fiscal year''
and inserting ``for each fiscal year in the biennium''; and
(C) in paragraph (7), by striking ``for the fiscal year''
and inserting ``for each fiscal year in the biennium''.
(2) Additional matters.--Section 301(b) of such Act (2
U.S.C. 632(b)) is amended--
(A) in paragraph (3), by striking ``for such fiscal year''
and inserting ``for either fiscal year in such biennium'';
and
(B) in paragraph (7), by striking ``for the first fiscal
year'' and inserting ``for each fiscal year in the
biennium''.
(3) Views of other committees.--Section 301(d) of such Act
(2 U.S.C. 632(d)) is amended by inserting ``(or, if
applicable, as provided by section 300(b))'' after ``United
States Code''.
(4) Hearings.--Section 301(e)(1) of such Act (2 U.S.C.
632(e)) is amended by--
(A) striking ``fiscal year'' and inserting ``biennium'';
and
(B) inserting after the second sentence the following: ``On
or before April 1 of each odd-numbered year (or, if
applicable, as provided by section 300(b)), the Committee on
the Budget of each House shall report to its House the
concurrent resolution on the budget referred to in subsection
(a) for the biennium beginning on October 1 of that year.''.
(5) Goals for reducing unemployment.--Section 301(f) of
such Act (2 U.S.C. 632(f)) is amended by striking ``fiscal
year'' each place it appears and inserting ``biennium''.
(6) Economic assumptions.--Section 301(g)(1) of such Act (2
U.S.C. 632(g)(1)) is amended by striking ``for a fiscal
year'' and inserting ``for a biennium''.
(7) Section heading.--The section heading of section 301 of
such Act is amended by striking ``ANNUAL'' and inserting
``BIENNIAL''.
(8) Table of contents.--The item relating to section 301 in
the table of contents set forth in section 1(b) of such Act
is amended by striking ``Annual'' and inserting ``Biennial''.
(d) Committee Allocations.--Section 302 of such Act (2
U.S.C. 633) is amended--
(1) in subsection (a)(1) by--
(A) striking ``for the first fiscal year of the
resolution,'' and inserting ``for each fiscal year in the
biennium,'';
(B) striking ``for that period of fiscal years'' and
inserting ``for all fiscal years covered by the resolution'';
and
(C) striking ``for the fiscal year of that resolution'' and
inserting ``for each fiscal year in the biennium'';
(2) in subsection (f)(1), by striking ``for a fiscal year''
and inserting ``for a biennium'';
(3) in subsection (f)(1), by striking ``first fiscal year''
and inserting ``either fiscal year of the biennium'';
(4) in subsection (f)(2)(A), by--
(A) striking ``first fiscal year'' and inserting ``each
fiscal year of the biennium''; and
(B) striking ``the total of fiscal years'' and inserting
``the total of all fiscal years covered by the resolution'';
and
(5) in subsection (g)(1)(A), by striking ``April'' and
inserting ``May''.
(e) Section 303 Point of Order.--
(1) In general.--Section 303(a) of such Act (2 U.S.C.
634(a)) is amended by striking ``for a fiscal year'' and
inserting ``for a biennium'' and by striking ``the first
fiscal year'' and inserting ``each fiscal year of the
biennium''.
(2) Exceptions in the house.--Section 303(b) of such Act (2
U.S.C. 634(b)) is amended--
(A) in paragraph (1)(A), by striking ``the budget year''
and inserting ``the biennium'';
(B) in paragraph (1)(B), by striking ``the fiscal year''
and inserting ``the biennium''; and
(C) in paragraph (2), by inserting ``(or June 1 whenever
section 300(b) is applicable)''.
(3) Application to the senate.--Section 303(c)(1) of such
Act (2 U.S.C. 634(c)) is amended by--
(A) striking ``fiscal year'' and inserting ``biennium'';
and
(B) striking ``that year'' and inserting ``each fiscal year
of that biennium''.
(f) Permissible Revisions of Concurrent Resolutions on the
Budget.--Section 304 of such Act (2 U.S.C. 635) is amended--
(1) by striking ``fiscal year'' the first two places it
appears and inserting ``biennium'';
(2) by striking ``for such fiscal year''; and
(3) by inserting before the period ``for such biennium''.
(g) Procedures for Consideration of Budget Resolutions.--
Section 305(a)(3) of such Act (2 U.S.C. 636(b)(3)) is amended
by striking ``fiscal year'' and inserting ``biennium''.
(h) Completion of House Committee Action on Appropriation
Bills.--Section 307 of such Act (2 U.S.C. 638) is amended--
(1) by striking ``each year'' and inserting ``each odd-
numbered year (or, if applicable, as provided by section
300(b), July 1)'';
(2) by striking ``annual'' and inserting ``biennial'';
(3) by striking ``fiscal year'' and inserting ``biennium'';
and
(4) by striking ``that year'' and inserting ``each odd-
numbered year''.
(i) Quarterly Budget Reports.--Section 308 of such Act (2
U.S.C. 639) is amended by adding at the end the following new
subsection:
``(d) Quarterly Budget Reports.--The Director of the
Congressional Budget Office shall, as soon as practicable
after the completion of each quarter of the fiscal year,
prepare an analysis comparing revenues, spending, and the
deficit or surplus for the current fiscal year to assumptions
included in the congressional budget resolution. In preparing
this report, the Director of the Congressional Budget Office
shall combine actual budget figures to date with projected
revenue and spending for the balance of the fiscal year. The
Director of the Congressional Budget Office shall include any
other information in this report that it deems useful for a
full understanding of the current fiscal position of the
Federal Government. The reports mandated by this subsection
shall be transmitted by the Director to the Senate and House
Committees on the Budget, and the Congressional Budget Office
shall make such reports available to any interested party
upon request.''.
(j) Completion of House Action on Regular Appropriation
Bills.--Section 309 of such Act (2 U.S.C. 640) is amended--
(1) by striking ``It'' and inserting ``Except whenever
section 300(b) is applicable, it'';
(2) by inserting ``of any odd-numbered calendar year''
after ``July'';
(3) by striking ``annual'' and inserting ``biennial''; and
(4) by striking ``fiscal year'' and inserting ``biennium''.
(k) Reconciliation Process.--Section 310 of such Act (2
U.S.C. 641) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``any fiscal year'' and inserting ``any
biennium'';
(2) in subsection (a)(1), by striking ``such fiscal year''
each place it appears and inserting ``any fiscal year covered
by such resolution''; and
(3) by striking subsection (f) and redesignating subsection
(g) as subsection (f).
(l) Section 311 Point of Order.--
(1) In the house.--Section 311(a)(1) of such Act (2 U.S.C.
642(a)) is amended--
(A) by striking ``for a fiscal year'' and inserting ``for a
biennium'';
(B) by striking ``the first fiscal year'' each place it
appears and inserting ``either fiscal year of the biennium'';
and
(C) by striking ``that first fiscal year'' and inserting
``each fiscal year in the biennium''.
(2) In the senate.--Section 311(a)(2) of such Act is
amended--
(A) in subparagraph (A), by striking ``for the first fiscal
year'' and inserting ``for either fiscal year of the
biennium''; and
(B) in subparagraph (B)--
(i) by striking ``that first fiscal year'' the first place
it appears and inserting ``each fiscal year in the
biennium''; and
(ii) by striking ``that first fiscal year and the ensuing
fiscal years'' and inserting ``all fiscal years''.
(3) Social security levels.--Section 311(a)(3) of such Act
is amended by--
(A) striking ``for the first fiscal year'' and inserting
``each fiscal year in the biennium''; and
(B) striking ``that fiscal year and the ensuing fiscal
years'' and inserting ``all fiscal years''.
(m) Maximum Deficit Amount Point of Order.--Section 312(c)
of the Congressional Budget Act of 1974 (2 U.S.C. 643) is
amended--
(1) by striking ``for a fiscal year'' and inserting ``for a
biennium'';
(2) in paragraph (1), by striking ``first fiscal year'' and
inserting ``either fiscal year in the biennium'';
(3) in paragraph (2), by striking ``that fiscal year'' and
inserting ``either fiscal year in the biennium''; and
(4) in the matter following paragraph (2), by striking
``that fiscal year'' and inserting ``the applicable fiscal
year''.
SEC. 704. AMENDMENTS TO RULES OF HOUSE OF REPRESENTATIVES.
(a) Clause 4(a)(1)(A) of rule X of the Rules of the House
of Representatives is amended by inserting ``odd-numbered''
after ``each''.
(b) Clause 4(a)(4) of rule X of the Rules of the House of
Representatives is amended by striking ``fiscal year'' and
inserting ``biennium''.
(c) Clause 4(b)(2) of rule X of the Rules of the House of
Representatives is amended by striking ``each fiscal year''
and inserting ``the biennium''.
(d) Clause 4(b) of rule X of the Rules of the House of
Representatives is amended by striking ``and'' at the end of
subparagraph (5), by striking the period and inserting ``;
and'' at the end of subparagraph (6), and by adding at the
end the following new subparagraph:
[[Page H3118]]
``(7) use the second session of each Congress to study
issues with long-term budgetary and economic implications,
which would include--
``(A) hold hearings to receive testimony from committees of
jurisdiction to identify problem areas and to report on the
results of oversight; and
``(B) by January 1 of each odd-number year, issuing a
report to the Speaker which identifies the key issues facing
the Congress in the next biennium.''.
(e) Clause 11(i) of rule X of the Rules of the House of
Representatives is amended by striking ``the same or
preceding fiscal year''.
(f) Clause 4(e) of rule X of the Rules of the House of
Representatives is amended by striking ``annually'' each
place it appears and inserting ``biennially'' and by striking
``annual'' and inserting ``biennial''.
(g) Clause 4(f) of rule X of the Rules of the House of
Representatives is amended--
(1) by inserting ``during each odd-numbered year'' after
``submits his budget'';
(2) by striking ``fiscal year'' the first place it appears
and inserting ``biennium''; and
(3) by striking ``that fiscal year'' and inserting ``each
fiscal year in such ensuing biennium''.
(h) Clause 3(d)(2)(A) of rule XIII of the Rules of the
House of Representatives is amended by striking ``five'' both
places it appears and inserting ``six''.
(i) Clause 5(a)(1) of rule XIII of the Rules of the House
of Representatives is amended by striking ``fiscal year after
September 15 in the preceding fiscal year'' and inserting
``biennium after September 15 of the year in which such
biennium begins''.
SEC. 705. AMENDMENTS TO TITLE 31, UNITED STATES CODE.
(a) Definition.--Section 1101 of title 31, United States
Code, is amended by adding at the end thereof the following
new paragraph:
``(3) `biennium' has the meaning given to such term in
paragraph (13) of section 3 of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 622(13)).''.
(b) Budget Contents and Submission to the Congress.--
(1) Schedule.--The matter preceding paragraph (1) in
section 1105(a) of title 31, United States Code, is amended
to read as follows:
``(a) On or before the first Monday in February of each
odd-numbered year (or, if applicable, as provided by section
300(b) of the Congressional Budget Act of 1974), beginning
with the One Hundred Seventh Congress, the President shall
transmit to the Congress, the budget for the biennium
beginning on October 1 of such calendar year. The budget
transmitted under this subsection shall include a budget
message and summary and supporting information. The President
shall include in each budget the following:''.
(2) Expenditures.--Section 1105(a)(5) of title 31, United
States Code, is amended by striking ``the fiscal year for
which the budget is submitted and the 4 fiscal years after
that year'' and inserting ``each fiscal year in the biennium
for which the budget is submitted and in the succeeding 4
years''.
(3) Receipts.--Section 1105(a)(6) of title 31, United
States Code, is amended by striking ``the fiscal year for
which the budget is submitted and the 4 fiscal years after
that year'' and inserting ``each fiscal year in the biennium
for which the budget is submitted and in the succeeding 4
years''.
(4) Balance statements.--Section 1105(a)(9)(C) of title 31,
United States Code, is amended by striking ``the fiscal
year'' and inserting ``each fiscal year in the biennium''.
(5) Government functions and activities.--Section
1105(a)(12) of title 31, United States Code, is amended in
subparagraph (A), by striking ``the fiscal year'' and
inserting ``each fiscal year in the biennium''.
(6) Allowances.--Section 1105(a)(13) of title 31, United
States Code, is amended by striking ``the fiscal year'' and
inserting ``each fiscal year in the biennium''.
(7) Allowances for unanticipated and uncontrollable
expenditures.--Section 1105(a)(14) of title 31, United States
Code, is amended by striking ``that year'' and inserting
``each fiscal year in the biennium for which the budget is
submitted''.
(8) Tax expenditures.--Section 1105(a)(16) of title 31,
United States Code, is amended by striking ``the fiscal
year'' and inserting ``each fiscal year in the biennium''.
(9) Estimates for future years.--Section 1105(a)(17) of
title 31, United States Code, is amended--
(A) by striking ``the fiscal year following the fiscal
year'' and inserting ``each fiscal year in the biennium
following the biennium'';
(B) by striking ``that following fiscal year'' and
inserting ``each such fiscal year''; and
(C) by striking ``fiscal year before the fiscal year'' and
inserting ``biennium before the biennium''.
(10) Prior year outlays.--Section 1105(a)(18) of title 31,
United States Code, is amended--
(A) by striking ``the prior fiscal year'' and inserting
``each of the 2 most recently completed fiscal years,'';
(B) by striking ``for that year'' and inserting ``with
respect to those fiscal years''; and
(C) by striking ``in that year'' and inserting ``in those
fiscal years''.
(11) Prior year receipts.--Section 1105(a)(19) of title 31,
United States Code, is amended--
(A) by striking ``the prior fiscal year'' and inserting
``each of the 2 most recently completed fiscal years'';
(B) by striking ``for that year'' and inserting ``with
respect to those fiscal years''; and
(C) by striking ``in that year'' each place it appears and
inserting ``in those fiscal years''.
(c) Estimated Expenditures of Legislative and Judicial
Branches.--Section 1105(b) of title 31, United States Code,
is amended by striking ``each year'' and inserting ``each
even numbered year''.
(d) Recommendations To Meet Estimated Deficiencies.--
Section 1105(c) of title 31, United States Code, is amended--
(1) by striking ``the fiscal year for'' the first place it
appears and inserting ``each fiscal year in the biennium
for'';
(2) by striking ``the fiscal year for'' the second place it
appears and inserting ``each fiscal year of the biennium, as
the case may be,''; and
(3) by striking ``that year'' and inserting ``for each year
of the biennium''.
(e) Capital Investment Analysis.--Section 1105(e)(1) of
title 31, United States Code, is amended by striking
``ensuing fiscal year'' and inserting ``biennium to which
such budget relates''.
(f) Supplemental Budget Estimates and Changes.--
(1) In general.--Section 1106(a) of title 31, United States
Code, is amended--
(A) in the matter preceding paragraph (1), by--
(i) inserting ``and before February 15 of each even
numbered year'' after ``Before July 16 of each year''; and
(ii) striking ``fiscal year'' and inserting ``biennium'';
(B) in paragraph (1), by striking ``that fiscal year'' and
inserting ``each fiscal year in such biennium'';
(C) in paragraph (2), by striking ``4 fiscal years
following the fiscal year'' and inserting ``4 fiscal years
following the biennium''; and
(D) in paragraph (3), by striking ``fiscal year'' and
inserting ``biennium''.
(2) Changes.--Section 1106(b) of title 31, United States
Code, is amended by--
(A) striking ``the fiscal year'' and inserting ``each
fiscal year in the biennium''; and
(B) inserting ``and before February 15 of each even
numbered year'' after ``Before July 16 of each year''.
(g) Current Programs and Activities Estimates.--
(1) The president.--Section 1109(a) of title 31, United
States Code, is amended--
(A) by striking ``On or before the first Monday after
January 3 of each year (on or before February 5 in 1986)''
and inserting ``At the same time the budget required by
section 1105 is submitted for a biennium''; and
(B) by striking ``the following fiscal year'' and inserting
``each fiscal year of such period''.
(2) Joint economic committee.--Section 1109(b) of title 31,
United States Code, is amended by striking ``March 1 of each
year'' and inserting ``within 6 weeks of the President's
budget submission for each odd-numbered year (or, if
applicable, as provided by section 300(b) of the
Congressional Budget Act of 1974)''.
(h) Year-Ahead Requests for Authorizing Legislation.--
Section 1110 of title 31, United States Code, is amended by--
(1) striking ``May 16'' and inserting ``March 31''; and
(2) striking ``year before the year in which the fiscal
year begins'' and inserting ``calendar year preceding the
calendar year in which the biennium begins''.
SEC. 706. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF
APPROPRIATIONS ACTS.
Section 105 of title 1, United States Code, is amended to
read as follows:
``Sec. 105. Title and style of appropriations Acts
``(a) The style and title of all Acts making appropriations
for the support of the Government shall be as follows: `An
Act making appropriations (here insert the object) for each
fiscal year in the biennium of fiscal years (here insert the
fiscal years of the biennium).'.
``(b) All Acts making regular appropriations for the
support of the Government shall be enacted for a biennium and
shall specify the amount of appropriations provided for each
fiscal year in such period.
``(c) For purposes of this section, the term `biennium' has
the same meaning as in section 3(11) of the Congressional
Budget and Impoundment Control Act of 1974 (2 U.S.C.
622(11)).''.
SEC. 707. MULTIYEAR AUTHORIZATIONS.
(a) In General.--Title III of the Congressional Budget Act
of 1974 (as amended by section 206(a) is further amended by
adding at the end the following new section:
``multiyear authorizations of appropriations
Sec. 318.(a) Point of Order.--(1)(A) It shall not be in
order in the House of Representatives or the Senate to
consider any measure that contains a specific authorization
of appropriations for any purpose unless the measure includes
such a specific authorization of appropriations for that
purpose for not less than each fiscal year in one or more
bienniums.
``(B) For purposes of this paragraph, a specific
authorization of appropriations is an authorization for the
enactment of an amount of appropriations or amounts not to
exceed an amount of appropriations (whether stated as a sum
certain, as a limit, or as such sums as may be necessary) for
any purpose for a fiscal year.
``(2) Paragraph (1) does not apply with respect to an
authorization of appropriations for a single fiscal year for
any program,
[[Page H3119]]
project, or activity if the measure containing that
authorization includes a provision expressly stating the
following: `Congress finds that no authorization of
appropriation will be required for [Insert name of applicable
program, project, or activity] for any subsequent fiscal
year.'.
``(3) For purposes of this subsection, the term `measure'
means a bill, joint resolution, amendment, motion, or
conference report''.
(b) Amendment to Table of Contents.--The table of contents
set forth in section 1(b) of the Congressional Budget and
Impoundment Control Act of 1974 is amended by adding after
the item relating to section 317 the following new item:
``Sec. 318. Multiyear authorizations of appropriations.''.
SEC. 708. GOVERNMENT STRATEGIC AND PERFORMANCE PLANS ON A
BIENNIAL BASIS.
(a) Strategic Plans.--Section 306 of title 5, United States
Code, is amended--
(1) in subsection (a), by striking ``September 30, 1997''
and inserting ``September 30, 2002'';
(2) in subsection (b)--
(A) by striking ``at least every three years'' and
inserting ``at least every 4 years''; and
(B) by striking ``five years forward'' and inserting ``six
years forward''; and
(3) in subsection (c), by inserting a comma after
``section'' the second place it appears and adding
``including a strategic plan submitted by September 30, 2002,
meeting the requirements of subsection (a)''.
(b) Budget Contents and Submission to Congress.--Paragraph
(28) of section 1105(a) of title 31, United States Code, is
amended by striking ``beginning with fiscal year 1999, a''
and inserting ``beginning with fiscal year 2004, a
biennial''.
(c) Performance Plans.--Section 1115 of title 31, United
States Code, is amended--
(1) in subsection (a)--
(A) in the matter before paragraph (1)--
(i) by striking ``section 1105(a)(29)'' and inserting
``section 1105(a)(28)''; and
(ii) by striking ``an annual'' and inserting ``a
biennial'';
(B) in paragraph (1) by inserting after ``program
activity'' the following: ``for both years 1 and 2 of the
biennial plan'';
(C) in paragraph (5) by striking ``and'' after the
semicolon,
(D) in paragraph (6) by striking the period and inserting a
semicolon; and inserting ``and'' after the inserted
semicolon; and
(E) by adding after paragraph (6) the following:
``(7) cover each fiscal year of the biennium beginning with
the first fiscal year of the next biennial budget cycle.'';
(2) in subsection (d) by striking ``annual'' and inserting
``biennial''; and
(3) in paragraph (6) of subsection (f) by striking
``annual'' and inserting ``biennial''.
(d) Managerial Accountability and Flexibility.--Section
9703 of title 31, United States Code, relating to managerial
accountability, is amended--
(1) in subsection (a)--
(A) in the first sentence by striking ``annual''; and
(B) by striking ``section 1105(a)(29)'' and inserting
``section 1105(a)(28)'';
(2) in subsection (e)--
(A) in the first sentence by striking ``one or'' before
``years'';
(B) in the second sentence by striking ``a subsequent
year'' and inserting ``for a subsequent 2-year period''; and
(C) in the third sentence by striking ``three'' and
inserting ``four''.
(e) Pilot Projects for Performance Budgeting.--Section 1119
of title 31, United States Code, is amended--
(1) in paragraph (1) of subsection (d), by striking
``annual'' and inserting ``biennial''; and
(2) in subsection (e), by striking ``annual'' and inserting
``biennial''.
(f) Strategic Plans.--Section 2802 of title 39, United
States Code, is amended--
(1) in subsection (a), by striking ``September 30, 1997''
and inserting ``September 30, 2002'';
(2) in subsection (b), by striking ``at least every three
years'' and inserting ``at least every 4 years'';
(3) by striking ``five years forward'' and inserting ``six
years forward''; and
(4) in subsection (c), by inserting a comma after
``section'' the second place it appears and inserting
``including a strategic plan submitted by September 30, 2002,
meeting the requirements of subsection (a)''.
(g) Performance Plans.--Section 2803(a) of title 39, United
States Code, is amended--
(1) in the matter before paragraph (1), by striking ``an
annual'' and inserting ``a biennial'';
(2) in paragraph (1), by inserting after ``program
activity'' the following: ``for both years 1 and 2 of the
biennial plan'';
(3) in paragraph (5), by striking ``and'' after the
semicolon;
(4) in paragraph (6), by striking the period and inserting
``; and''; and
(5) by adding after paragraph (6) the following:
``(7) cover each fiscal year of the biennium beginning with
the first fiscal year of the next biennial budget cycle.''.
(h) Committee Views of Plans and Reports.--Section 301(d)
of the Congressional Budget Act (2 U.S.C. 632(d)) is amended
by adding at the end ``Each committee of the Senate or the
House of Representatives shall review the strategic plans,
performance plans, and performance reports, required under
section 306 of title 5, United States Code, and sections 1115
and 1116 of title 31, United States Code, of all agencies
under the jurisdiction of the committee. Each committee may
provide its views on such plans or reports to the Committee
on the Budget of the applicable House.''.
(i) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on March 1, 2003.
(2) Agency actions.--Effective on and after the date of
enactment of this Act, each agency shall take such actions as
necessary to prepare and submit any plan or report in
accordance with the amendments made by this title.
SEC. 709. BIENNIAL APPROPRIATION BILLS.
(a) In the House of Representatives.--(1) Clause 2(a) of
rule XXI of the Rules of the House of Representatives is
amended by adding at the end the following new subparagraph:
``(3)(A) Except as provided by subdivision (B), an
appropriation may not be reported in a general appropriation
bill (other than a supplemental appropriation bill), and may
not be in order as an amendment thereto, unless it provides
new budget authority or establishes a level of obligations
under contract authority for each fiscal year of a biennium.
``(B) Subdivision (A) does not apply with respect to an
appropriation for a single fiscal year for any program,
project, or activity if the bill or amendment thereto
containing that appropriation includes a provision expressly
stating the following: `Congress finds that no additional
funding beyond one fiscal year will be required and the
[Insert name of applicable program, project, or activity]
will be completed or terminated after the amount provided has
been expended.'.
``(C) For purposes of paragraph (b), the statement set
forth in subdivision (B) with respect to an appropriation for
a single fiscal year for any program, project, or activity
may be included in a general appropriation bill or amendment
thereto.''.
(2) Clause 5(b)(1) of rule XXII of the House of
Representatives is amended by striking ``or (c)'' and
inserting ``or (3) or 2(c)''.
(b) In the Senate.--(1) Title III of the Congressional
Budget Act of 1974 (2 U.S.C. 631 et seq.) (as amended by
section 707) is further amended by adding at the end the
following:
``consideration of biennial appropriation bills
``Sec. 319. It shall not be in order in the Senate in any
odd-numbered year to consider any regular appropriation bill
providing new budget authority or a limitation on obligations
under the jurisdiction of the Committee on Appropriations for
only the first fiscal year of a biennium, unless the program,
project, or activity for which the new budget authority or
obligation limitation is provided will require no additional
authority beyond one year and will be completed or terminated
after the amount provided has been expended.''.
(2) The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is
amended by adding after the item relating to section 318 the
following new item:
``Sec. 319. Consideration of biennial appropriation bills.''.
SEC. 710. ASSISTANCE BY FEDERAL AGENCIES TO STANDING
COMMITTEES OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES.
(a) Information Regarding Agency Appropriations Requests.--
To assist each standing committee of the House of
Representatives and the Senate in carrying out its
responsibilities, the head of each Federal agency which
administers the laws or parts of laws under the jurisdiction
of such committee shall provide to such committee such
studies, information, analyses, reports, and assistance as
may be requested by the chairman and ranking minority member
of the committee.
(b) Information Regarding Agency Program Administration.--
To assist each standing committee of the House of
Representatives and the Senate in carrying out its
responsibilities, the head of any agency shall furnish to
such committee documentation, containing information
received, compiled, or maintained by the agency as part of
the operation or administration of a program, or specifically
compiled pursuant to a request in support of a review of a
program, as may be requested by the chairman and ranking
minority member of such committee.
(c) Summaries by Comptroller General.--Within thirty days
after the receipt of a request from a chairman and ranking
minority member of a standing committee having jurisdiction
over a program being reviewed and studied by such committee
under this section, the Comptroller General of the United
States shall furnish to such committee summaries of any
audits or reviews of such program which the Comptroller
General has completed during the preceding six years.
(d) Congressional Assistance.--Consistent with their duties
and functions under law, the Comptroller General of the
United States, the Director of the Congressional Budget
Office, and the Director of the Congressional Research
Service shall continue to furnish (consistent with
established protocols) to each standing committee of the
House of Representatives or the Senate such information,
studies, analyses, and reports
[[Page H3120]]
as the chairman and ranking minority member may request to
assist the committee in conducting reviews and studies of
programs under this section.
SEC. 711. REPORT ON TWO-YEAR FISCAL PERIOD.
Not later than 180 days after the date of enactment of this
Act, the Director of the Office of Management and Budget
shall--
(1) determine the impact and feasibility of changing the
definition of a fiscal year and the budget process based on
that definition to a 2-year fiscal period with a biennial
budget process based on the 2-year period; and
(2) report the findings of the study to the Committees on
the Budget of the House of Representatives and the Senate and
the Committee on Rules of the House of Representatives.
SEC. 712. SPECIAL TRANSITION PERIOD FOR THE 107TH CONGRESS.
(a) President's Budget Submission for Fiscal Year 2002.--
The budget submission of the President pursuant to section
1105(a) of title 31, United States Code, for fiscal year 2002
shall include the following:
(1) An identification of the budget accounts for which an
appropriation should be made for each fiscal year of the
fiscal year 2002-2003 biennium.
(2) Budget authority that should be provided for each such
fiscal year for the budget accounts identified under
paragraph (1).
(b) Review and Recommendations of the Committees on
Appropriations.--The Committee on Appropriations of the House
of Representatives and the Senate shall review the items
included pursuant to subsection (a) in the budget submission
of the President for fiscal year 2002 and include its
recommendations thereon in its views and estimates made under
section 301(d) of the Congressional Budget Act of 1974 within
6 weeks of that budget submission.
(c) Actions by the Committees on the Budget.--(1) The
Committee on the Budget of the House of Representatives and
the Senate shall review the items included pursuant to
subsection (a) in the budget submission of the President for
fiscal year 2002 and the recommendations submitted by the
Committee on Appropriations of its House pursuant to
subsection (b) included in its views and estimates made under
section 301(d) of the Congressional Budget Act of 1974.
(2) The report of the Committee on the Budget of each House
accompanying the concurrent resolution on the budget for
fiscal year 2002 and the joint explanatory statement of
managers accompanying such resolution shall also include
allocations to the Committee on Appropriations of its House
of total new budget authority and total outlays (which shall
be deemed to be made pursuant to section 302(a) of the
Congressional Budget Act of 1974 for purposes of budget
enforcement under section 302(f)) for fiscal year 2003 from
which the Committee on Appropriations may report regular
appropriation bills for fiscal year 2002 that include funding
for certain accounts for each of fiscal years 2002 and 2003.
(3) The report of the Committee on the Budget of each House
accompanying the concurrent resolution on the budget for
fiscal year 2002 and the joint explanatory statement of
managers accompanying such resolution shall also include the
assumptions upon which such allocations referred to in
paragraph (2) are based.
(d) GAO Programmatic Oversight Assistance.--(1) During the
first session of the 107th Congress the committees of the
House of Representatives and the Senate are directed to work
with the Comptroller General of the United States to develop
plans to transition program authorizations to a multi-year
schedule.
(2) During the 107th Congress, the Comptroller General of
the United States will continue to provide assistance to the
Congress with respect to programmatic oversight and in
particular will assist the committees of Congress in
designing and conforming programmatic oversight procedures
for the fiscal year 2003-2004 biennium.
(e) CBO Authorization Report.--On or before January 15,
2002, the Director of the Congressional Budget Office, after
consultation with the appropriate committees of the House of
Representatives and Senate, shall submit to the Congress a
report listing (A) all programs and activities funded during
fiscal year 2002 for which authorizations for appropriations
have not been enacted for that fiscal year and (B) all
programs and activities funded during fiscal year 2002 for
which authorizations for appropriations will expire during
that fiscal year, fiscal year 2003, or fiscal year 2004.
(f) President's Budget Submission for Fiscal Year 2003.--
The budget submission of the President pursuant to section
1105(a) of title 31, United States Code, for fiscal year 2003
shall include an evaluation of, and recommendations
regarding, the transitional biennial budget process for the
fiscal year 2002-2003 biennium that was carried out pursuant
to this section.
(g) CBO Transitional Report.--On or before March 31, 2002,
the Director of the Congressional Budget Office shall submit
to Congress an evaluation of, and recommendations regarding,
the transitional biennial budget process for the fiscal year
2002-2003 biennium that was carried out pursuant to this
section.
SEC. 713. EFFECTIVE DATE.
Except as provided by sections 708, 711, and 712, this
title and the amendments made by this title shall take effect
on January 1, 2003, and shall apply to budget resolutions and
appropriations for the biennium beginning with fiscal year
2004.
In section 1(b), at the end of the table of contents,
insert the following new items:
TITLE VII--BIENNIAL BUDGETING
Sec. 701. Findings.
Sec. 702. Revision of timetable.
Sec. 703. Amendments to the Congressional Budget and Impoundment
Control Act of 1974.
Sec. 704. Amendments to rules of House of Representatives.
Sec. 705. Amendments to title 31, United States Code.
Sec. 706. Two-year appropriations; title and style of appropriations
acts.
Sec. 707. Multiyear authorizations.
Sec. 708. Government plans on a biennial basis.
Sec. 709. Biennial appropriation bills.
Sec. 710. Assistance by Federal agencies to standing committees of the
Senate and the House of Representatives.
Sec. 711. Report on two-year fiscal period.
Sec. 712. Special transition period for the 107th Congress.
Sec. 713. Effective date.
The CHAIRMAN. Pursuant to House Resolution 499, the gentleman from
California (Mr. Dreier) and a Member opposed each will control 20
minutes.
The Chair recognizes the gentleman from California (Mr. Dreier).
{time} 1615
Mr. DREIER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise today along with my colleagues, the gentleman
from Minnesota (Mr. Luther), the gentleman from Ohio (Mr. Regula), the
gentleman from Ohio (Mr. Hall), the gentleman from Florida (Mr. Young),
the chairman of the Committee on Appropriations, the gentleman from
Kentucky (Mr. Whitfield), the gentlewoman from Missouri (Ms. McCarthy),
the gentleman from New Hampshire (Mr. Bass), the gentleman from North
Carolina (Mr. Jones), and others who worked long and hard on this to
offer a bipartisan amendment, and I underscore the word ``bipartisan
amendment,'' to establish a biennial budget and appropriations process
and to enhance programmatic oversight, management, efficiency, and
performance of the Federal Government.
I would like to specifically commend the hard work of the gentleman
from New Hampshire (Mr. Bass), my colleague as I mentioned, who is here
on the floor. He has been a strong supporter of this. He is a member of
the Committee on the Budget.
This is also, I should say, a recommendation, as we pointed out
several times, of the bipartisan Joint Committee on the Organization of
Congress back in 1993.
Under a biennial budget process, the President would submit a 2-year
budget, and Congress would consider a 2-year budget resolution and 13
2-year appropriations bills during the first session of a Congress. The
second session of the Congress would be devoted to consideration of
authorization bills and for the very important programmatic oversight
of government agencies.
Now, Mr. Chairman, I happen to believe that the enactment of a
biennial budget process could lead to the most significant government-
wide fiscal reform that we have seen in a quarter century. I am not
alone in that belief. President Clinton proposed it in his most recent
budget. Vice President Gore proposed it as a key component of his
reinventing government reform outlined in the National Performance
Review Report.
Governor George W. Bush has stated that biennial budgeting is a
reform that needs to be done by the Congress. Let me say that again. We
have got President Bill Clinton, the presumptive Democratic nominee
Vice President Al Gore, presumptive Republican nominee Governor George
Bush of Texas, all agreeing on the need for us to have a biennial
budget.
Earlier this year, the Committee on Rules held three separate days of
hearings on biennial budgeting where we received detailed testimony
from 32 witnesses. I should stress the Committee on Rules held three
separate hearings, very important hearings, on the issue of biennial
budgeting. Thirty-two witnesses, which included the former House
Committee on the Budget chairman and Director of the Office of
Management and Budget, Leon Panetta, my former California colleague,
the
[[Page H3121]]
current director of the Office of Management and Budget, Jack Lew, 10
academics, the Congressional Budget Office, the Congressional
Accounting Office, and 17 Members of Congress, which included opponents
like the gentleman from Michigan (Mr. Smith) and the Speaker of the
House and the chairman of the Committee on Appropriations, both of whom
testified in strong support of this measure.
Let me tell my colleagues that I recently met with our former
colleague, Leon Panetta. He feels very strongly about this. He is a
strong partisan Democrat. But, remember, he was chairman of the
Committee on the Budget. He served as Director of the Office of
Management and Budget, and he served as Chief of Staff to President
Clinton.
He stated in his testimony ``a biennial budget built around a 2-year
life of the Congress offers a better way for Congress to commit itself
to continuing fiscal discipline and to better planning for the coming
years.''
Jack Lew stated, ``the primary potential benefit from biennial
budgeting is that, by concentrating budget decisions in the first year
of each 2-year period, time would be freed up in the second year that
could be redirected to management, long-range planning, and
oversight.''
My cochairman of the Joint Committee on the Organization of Congress,
our former Democratic colleague, Lee Hamilton, now the head of the
great Woodrow Wilson Center here in town said ``biennial budgeting
would free up Members' time for important work that is now being
squeezed out by competing pressures.''
Now, this bipartisan amendment, Mr. Chairman, is the product of
months of extensive hearings, technical consultation, and legislative
drafting. It addresses comprehensive concerns with uncertainty in
projections, weakened oversight, and larger supplementals.
There are only two reasons, only two reasons to oppose this
amendment. One either wants to maintain the status quo, which has
created government shutdowns and a lot of contention late in a session.
It breeds that annual conflict, and it enhances the level of cynicism
that the people have towards this institution. Or one is one of those
who supports the idea of a do-nothing Congress. Let us block any kind
of reform that might be coming forward.
I will say that I do not think that we should be doing either of
those things. I do not think that we should be maintaining simply the
status quo, and this Congress is dedicated to doing everything that it
can to bring about major reforms. We have an historic opportunity here,
again, the first time that we have had a chance to vote on biennial
budgeting; and it is the first time in a quarter century that we could
offer such a sweeping reform to this budget process which has created
so many problems for us.
So with that, I urge strong support of this bipartisan amendment
which I am honored to author.
Mr. Chairman, I reserve the balance of my time.
Mr. MOAKLEY. Mr. Chairman, I rise to claim the time in opposition to
the biennial budgeting amendment.
The CHAIRMAN. The gentleman from Massachusetts (Mr. Moakley) is
recognized for 20 minutes.
Mr. MOAKLEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, although I have the greatest respect for the gentleman
from California (Mr. Dreier), my chairman, I believe the biennial
system will make our budget process slower and less accurate. A
biennial system will make it harder to reach budget agreements because
the agreements will have to cover a longer period of time.
Although no one wants to admit it, the pressure to get things
finished is what ensures that we address the difficult issues. If
Congress did not have that pressure each and every year, we would put
off the more controversial issues for later; and that is really no way
to govern.
Proponents may argue that authorization bills are crowded off the
schedule by appropriation bills. But it is actually policy disputes,
not lack of time, that trip up the authorization bills.
According to the Congressional Research Service, Congress spends less
than one-fifth of its total floor time on budget bills. Furthermore, we
are now in the 15th week of the session, and we have spent only 49 days
in formal session.
In addition to slowing things down, biennial budgeting will actually
limit oversight. In 1993, the State of Connecticut converted to a
biennial budget in order to improve oversight, in order to improve
program review. But Connecticut State officials says there has not been
any improvement in either of those areas.
There are two reasons for that, Mr. Chairman. Biennial budgeting
removes one year of the Committee on Appropriations review, and it
shortens the leash on executive branch officials.
It also relies heavily on budget predictions which are notoriously
inaccurate. Mr. Chairman, if budget predictions are inaccurate on an
annual system, they will be even worse on a biennial system. Decisions
will become outdated, and changes will need to be made. But we would be
hobbled by an every-other-year system, and our budget will have been
slowed down to the point that we could hardly respond.
Congress will be faced with only one choice, pass more supplemental
appropriation bills and pile spending upon spending.
Mr. Chairman, I do not need to remind anyone here that supplemental
appropriation bills are not a model of fiscal discipline. But there
will be no alternative. Congress will fail to predict every single
spending need; and as a result, the need for supplemental appropriation
bills in the off years will just skyrocket.
The same is true on the State level. States with biennial budget tend
to spend more per capita than States on an annual budget because they
have to pass additional appropriation bills to keep up with their
budget needs.
Mr. Chairman, history shows that States have learned their lesson. In
1940, 44 States had a 2-year budget cycle. Today, only 21 States have a
2-year budget. Those States that have kept the biennial budgets tend to
have a small or mid-sized budget. Mr. Chairman, if the States are the
laboratories of democracy, we should avoid this at all costs. The
Federal Government's budget is neither small, nor mid-sized.
Mr. Chairman, switching to a biennial budget will have very far-
reaching implications for the entire Federal budget. It is a brand-new
system, a system that has not worked well for larger States. I would
urge my colleagues to proceed cautiously. I urge my colleagues to
oppose this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. DREIER. Mr. Chairman, I yield myself such time as I may consume.
Let me just say, since 1990, every State that has changed its budget
cycle has changed from an annual to a biennial process.
Mr. Chairman, I yield 2 minutes to the gentleman from New Hampshire
(Mr. Bass).
Mr. BASS. Mr. Chairman, I thank the gentleman from California for
yielding 2 minutes to me. I rise in strong support of the amendment to
create biennial budgets and appropriations.
I would point out that passage of such an amendment will remove the
bulk of budgeting and appropriations from election years. It increases
government efficiency and encourages more responsive spending. It
increases the time and quality of oversight and authorizing
legislation. It provides budget stability for the States, many of which
were forced to abandon their own biennial budgets because of their
growing dependence on annual Federal appropriations.
Indeed, by passing biennial budgeting and appropriations, we would be
getting back in sync with the States and we would most likely see a
reversal in the trend that was brought up by the gentleman from
Massachusetts (Mr. Moakley).
Indeed, this bill is supported by the President, both candidates for
President, House and Senate leaders, the Committee on Appropriations
chairman in the House and the Senate Committee on the Budget chairman.
For once, we have a truly bipartisan amendment to move this Congress
forward into the 21st century so that we can be a body that works on
real legislative proposals rather than being totally reactive and being
totally controlled by the appropriations process.
[[Page H3122]]
Indeed, Mr. Chairman, if my colleagues like omnibus spending bills
every year, if they like spending late nights until 1:00 and 2:00 in
the morning, if they like turning the appropriations process ultimately
over to two or three people, out of the hands of even the
appropriators, if they like the system that we have now, which is
clearly broken, then they will not support this amendment. But if they
believe that we can run Congress better, that we can be a Congress that
is bold enough to step forward and change fundamentally its process,
then they will support the Dreier amendment.
Mr. MOAKLEY. Mr. Chairman, I yield 3\1/2\ minutes to the gentleman
from North Carolina (Mr. Price).
(Mr. PRICE of North Carolina asked and was given permission to revise
and extend his remarks.)
Mr. PRICE of North Carolina. Mr. Chairman, the budget conflicts and
frustrations of the last 3 years have prompted various proposed
procedural fixes for what is mainly a failure of political will and
responsibility.
In my view, the most misguided of these proposals is the amendment
before us, instituting biennial budgeting and appropriating. This
supposed remedy is not only unresponsive to the problem we face, but it
actually would weaken Congress' power of the purse and its ability to
hold the Executive Branch accountable.
I would like to remind my colleagues that Congress already has the
authority to adopt multiyear budget plans and multiyear authorizations.
These have been important instruments in achieving advance planning and
fiscal discipline. But to go beyond this to biennial budgeting and
appropriating would greatly weaken Congress' hand in shaping national
priorities and holding the Executive Branch accountable. In fact,
annual appropriating is necessary as a complement to multiyear budget
plans, to ensure flexibility, responsiveness, and coequal power with
the executive.
Under biennial budgeting, Congress would not be able to react as
effectively to congressional oversight, GAO reports, Inspector
General's reports, research studies, and other findings that bear on
the effectiveness of Federal programs. Agencies would have to begin
working in late spring on a 2-year budget, the second year of which
would not commence for some 28 months. The President and OMB would make
budget decisions 22 to 23 months before the beginning of the second
year of a budget cycle.
Biennial appropriations could limit the ability of the Federal
Government to use fiscal policy to stabilize the economy during
economic downturns. There would be pressure to frequently revise 2-year
budgets through supplemental after supplemental appropriations bills.
We know from experience that these supplemental appropriations are less
deliberative and less systematic than regular appropriations bills, and
they are certainly less subject to fiscal discipline and control.
Now, some proponents argue that biennial budgeting would leave
Congress more time to conduct oversight of the Executive Branch. That
is an ironic claim, for the unique oversight provided through the
appropriations process, when agency budgets and performance are gone
over line by line, program by program, is one of the most important
tools we have in holding the Executive Branch accountable.
Off-year oversight under biennial appropriations would become less
intense, less systematic, and most importantly, it would lose the teeth
provided by the actual power of decision.
Proponents have talked today about the support from the three most
recent Presidents for biennial appropriations, Bill Clinton, George
Bush, Ronald Reagan. Why should that surprise anyone? Of course
Presidents support biennial budgeting. If that support indicates
biennial budgeting is not a partisan issue, it surely makes our point
for us that it is an institutional issue. Biennial budgeting would
result in a major devolution of power from Congress to the Executive
Branch.
We would do our appropriating in the first 9 months of a Congress and
become fiscal lame ducks thereafter, with executive agencies less
subject to effective scrutiny and direction. That would be a loss, not
only for individual Members and individual committees, but it would be
a loss for this institution, for our constitutional system of checks
and balances, and for the people we represent.
We need to enhance Congress' power and performance in both budgeting
and oversight. But moving to biennial budgeting and appropriating would
take us in precisely the opposite direction.
I urge my colleagues to defeat this amendment.
{time} 1630
Mr. MOAKLEY. Mr. Chairman, I yield 10 minutes to the gentleman from
Michigan (Mr. Smith), and I ask unanimous consent that he be allowed to
control that amount of time.
The CHAIRMAN. Without objection, the gentleman from Michigan (Mr.
Smith) will control and yield time on 10 minutes.
There was no objection.
Mr. SMITH of Michigan. Mr. Chairman, I thank the gentleman for
yielding me this time, and I yield myself 2 minutes.
In 1940, there were 44 States that had biennial budgets. Today, there
are just 20 States that have biennial budgets, with eight of those
having biennial legislatures. As we talked to the CRS, as we talked to
the executives of budget directors for all of the States, they suggest
and claim that a biennial budget transfers power from the legislative
branch to the executive branch.
Look, we have not had hearings on this issue. The Committee on the
Budget that has jurisdiction on this issue had zero hearings on
biennial budgets. The Committee on Rules had three informational
hearings. None of the hearings were in Committee on the Budget. Also,
we are looking at a situation where, on the 39-page amendment at issue,
there have not been hearings anyplace. Informational hearings only in
the Committee on Rules.
So if we risk transferring power from the legislative branch to the
executive branch, do we really want to charge ahead to make this
decision?
Look at this chart. This 20 percent goes to Social Security pretty
much on automatic pilot. The Congress has transferred already too much
power to the executive branch of government. Medicare, 11 percent, on
automatic pilot; Medicaid, automatic pilot; other entitlements, 14
percent, automatic pilot; interest on automatic pilot. Only Defense and
the other 12 appropriation bills that represent less than 40 percent of
the total budget is in the control of the Congress, and I think we have
to be very careful as we move ahead.
The result of the congressional majority, whether it is a Republican
or a Democrat, will find it far more difficult and perhaps impossible
to pass agenda-setting legislation, like tax cuts, tax increases,
whatever, if we lose reconciliation in the Senate.
Mr. Chairman, I yield 2 minutes to the gentleman from Michigan (Mr.
Knollenberg).
Mr. KNOLLENBERG. Mr. Chairman, I thank the gentleman for yielding me
this time, and I rise today in opposition to this amendment on biennial
budgeting. I am concerned that in our haste to push forward this type
of legislation we are overlooking unintended consequences that will
drastically affect our budget process.
Despite today's projections of enormous surpluses, these numbers will
invariably rise and fall with the economic cycles, with emergencies and
other factors that, frankly, are outside of Congress' immediate
control.
Last week, CBO updated their projections to show a $40 billion on-
budget surplus, which is an increase of $14 billion from their estimate
of last month. Over the last 4 years, CBO incorrectly estimated the
deficit or surplus for the upcoming fiscal year by $99.5 billion. Given
these inevitable fluctuations of our economy and Federal revenues,
Congress needs every tool at its disposal to ensure that there are
sufficient surpluses each year to meet its target for tax cuts and for
debt reduction.
One of the supposed benefits of biennial budgeting is to provide
additional time to focus on oversight. The truth of this whole matter
is that most experts believe otherwise. They believe that biennial
budgeting actually reduces oversight. One of the most important tools
that we have in this House, in holding the executive branch
accountable, is the appropriations process. Oversight is best
accomplished
[[Page H3123]]
when the agencies are dependent on Congress for funding in the near
term and, therefore, more responsive to Congress' intentions.
The President, the executive branch and his agencies, will be less
inclined to work with Congress once they receive their funding. In
effect, it turns the Members of the House into fiscal lame ducks.
Further, with no regular appropriations bills in the second session,
Congress would be forced to consider massive supplemental bills or
correction bills to take care of changing priorities, unanticipated
events, and emergencies. I truly believe biennial budgeting is not the
most effective way to solve our frustrations in the appropriations
process.
Mr. DREIER. Mr. Chairman, I yield 2 minutes to the gentleman from
Minnesota (Mr. Luther), a very able coauthor of this bipartisan
amendment.
Mr. LUTHER. Mr. Chairman, before coming to Congress 5 years ago, I
served in the Minnesota legislature for 20 years working on 2-year
budgets. From that experience, there is no question in my mind that a
2-year budget is a better process. It would also, as has been pointed
out, allow time for other important nonbudget issues. I think we all
know the number of issues that are not going to be dealt with this year
because we are, again, working on budget issues.
Proponents of biennial budgets have already stated the arguments that
I agree with in terms of fiscal management, oversight, and cost
effectiveness. But I also believe biennial budgets will add to long-
term planning and it will allow us an easier time of making the budget
cuts necessary to meet today's and tomorrow's needs.
What is happening today is that we argue the same issues year after
year but still have a very difficult time meeting the future needs of
our Nation because we are unwilling oftentimes to cut the kinds of
things we thought were important years ago. The biennial budget
process, I believe, would make it easier to make those difficult
decisions.
Due to the initial closing costs associated with shutting down many
programs, it is hard to see a lot of savings when we are looking at
just 1 year. But if we look out 2 years, we can see the substantial
savings. And that is the experience that I had when I worked on 2-year
budgets in the Minnesota legislature.
Successful families and businesses do a lot better than 1-year
budgets, they plan into the future, and I think it is time we get that
kind of thinking here in Washington.
I respect many of the opponents of this amendment, certainly the
gentleman from Massachusetts (Mr. Moakley) and the others, and I
respect those arguments. But based on the experience I have had working
with both 1-year and 2-year budgets, there is no question in my mind
that while biennial budgets may not be the total solution, they move us
in the right direction.
Mr. DREIER. Mr. Chairman, I yield 2 minutes to the gentleman from
Kentucky (Mr. Whitfield), the very able coauthor of this amendment.
Mr. WHITFIELD. Mr. Chairman, I thank the gentleman for yielding me
this time, and I rise in support of H.R. 853, the Comprehensive Budget
Process Reform Act and the biennial budgeting amendment thereto. Both
the underlying budget reform bill and the biennial budgeting amendment
are the result of extensive study and deliberation during a process
characterized by bipartisan cooperation.
The changes in the reform bill and the biennial budget amendment
changes address long-standing inefficiencies which hamper the work of
Congress and Federal agencies. Each year the Congress is so consumed by
the budget process, by the appropriation process, we end up with
omnibus bills. We do not know what is in there. This bill increases the
accountability for Federal spending, promotes fiscal discipline and
encourages long-term planning. It also preserves the progress we have
made in reducing the public debt by requiring a vote on legislation
that increases the debt.
In my view, the most necessary reform which we will consider today is
the biennial budget amendment. Biennial budgeting was a key
recommendation of the 1993 Joint Committee on the Organization of
Congress and the Vice President's National Performance Review, and as
has been said earlier, President Reagan supported it, President Bush
supports it, President Clinton supports it, Vice President Gore
supports it, Governor George W. Bush of Texas supports it, and I
believe that is what we should do as well.
Critics of biennial budgeting allege that a 2-year cycle will reduce
the leverage Congress exercises over Federal agencies through the
appropriation process, resulting in a shift of power from Congress to
the executive branch. I believe the opposite is true. Currently the
budget process detracts from Congress' ability to conduct programmatic
oversight and reauthorization.
Mr. Chairman, I urge support for the amendment and the reform bill.
Mr. SMITH of Michigan. Mr. Chairman, I yield myself 3 minutes.
Can my colleagues imagine that 4 to 5 months after a new Congress is
elected in November that they are going to be asked to analyze and
evaluate and decide on a 2-year budget? What we are doing, again, by
forcing a new Congress into that position, is transferring power to the
executive branch.
On oversight. I served in the administration, and it is my firm
conviction that the administration, the agencies, the Departments, are
much more respectful and responsive to Congress at budget time. If we
allow the administration to have this longer leash, a longer leash
because they are only obligated to come to Congress half as often, we
are going to see an extra transfer of power and a further weakening of
the legislative branch.
The authorizing committees are not affected by a 2-year budget. They
already have 2-, 3-, 5-year authorization bills. They are the
committees that should be doing the greatest part of that work in terms
of oversight; evaluating how the administration is performing and
assuring that the taxpayers get their money's worth.
Mr. Chairman, does anyone believe Members facing reelection will
spend their time going over the dry details of Federal programs? With
those States that have biennial budgets, every one of those States
comes in for a second year modification of that budget with huge
supplementals. Does anybody believe that Members that have 2 years to
go or 18 months to go on a new budget are going to be able to get a
quorum in those authorizing committees?
Look, I plead with this Chamber. Let us evaluate this idea. Let us
not rush into a situation that may very well weaken the legislative
branch, which has already been weakened. We have an executive branch
that is now passing more laws in the form of promulgated rules than
actually the legislature passes. Let us evaluate this idea. Let us have
long hearings to make sure that we are not losing further control. Let
us have the kind of review that is necessary to consider this kind of
dramatic change, after 200 years of annual budgeting. Let us not jump
into something new in a 2-year budget that is going to weaken the
legislative branch.
Mr. Chairman, I submit for the Record an article in Roll Call written
by me dated February 28.
Entitlement Reform the Way To Go
For 224 years, Congress has wrestled with the budget. As an
ex-wrestler and current Budget Committee member, I know that
can be both strenuous and challenging.
This has led some Members to seek a ``quick fix'' in an
attempt to end the annual struggle. Biennial budgeting,
however, is a mirage that distracts us from the real budget
problems we face.
Biennial budgeting would be an enormous change in our
budget processes, the biggest since at least 1974. The
effects on the budget struggle would be far-reaching and very
largely negative from the Congressional perspective. Biennial
budgeting will deprive Congress of much of the leverage it
needs to compete equally with the administration.
Specifically, Congress gives up:
Reconciliation in off years. The Congressional majority
could lose much of its power in election years to use
reconciliation. This will endanger its priorities in election
years and would rule out the House tax cut strategy for this
year.
Congress could include multiple reconciliation instructions
in a biennial budget resolution, but this deprives Congress
of flexibility needed to react to changing political and
economic needs. The majority would have to fashion its
political strategy for the next two years just three months
after the preceding election.
Control over the agencies. The annual budget process allows
Congress to express its will to government agencies. I know
that we were more eager to cooperate with Congress
[[Page H3124]]
at budget time when I was a member of the Nixon
administration. Biennial budgeting will reduce our leverage
to hold agencies accountable and encourage defiance.
Budget accuracy and flexibility. Economic forecasting is
highly uncertain. The Congressional Budget Office estimate
for fiscal 2000 two years ago was for a $70 billion unified
budget deficit. That's $240 billion off the current fiscal
2000 estimate of a $170 billion unified budget surplus. The
estimate has shifted by $40 billion just since October 1999.
This uncertainty means the President would bargain for high
second-year spending, and we would frequently need or be
tempted to reopen the budget. When we reopen the budget, we
would find ourselves with little leverage against a pre-
funded administration that can resist unwanted budget
modifications with near impunity. When revenue is lower or
spending is higher than projected, the pressure to increase
fees, taxes and borrowing, rather than cut the
administration, would be considerable.
Leverage over spending. Congress will inevitably grapple
with supplemental spending requests in the off years. In the
absence of pressure to produce a complete budget, an
administration will always have poll-tested and politically
motivated requests in off years that will be hard to fend off
in the absence of broader budget issues.
As a result, we will pass supplemental appropriations bills
in most years that will grow as Members add their own pet
election-year projects. All of this threatens even the very
modest spending restraint that we've been able to exercise
over the last five years.
I find it surprising, then, to hear of growing support for
moving from our current annual budget to a biennial budget
process. It does seem sometimes that we are on a budget
treadmill that never stops. There is no solution, however,
in ducking our responsibilities to exercise the power the
Constitution grants us. Power atrophies unless it is used,
that is what will surely continue to happen to
Congressional power is we adopt biennial budgeting.
Members interested in getting a handle on the budget should
focus on substance rather than process. The truth is that the
discretionary portion of the budget--which is the substance
of the 13 annual appropriations bills--makes up just one-
third of total federal spending.
The rest of the spending--chiefly, entitlement programs--is
on automatic pilot and rising faster than inflation. This
growth in entitlement spending puts enormous pressure on the
other parts of the budget and will inevitably necessitate
higher taxes or a return to excessive government borrowing.
Acting promptly and boldly will bring benefits as well. The
unremarked secret of our current budget surplus is the
welfare reforms enacted in 1996 and the Medicare changes
enacted in 1997. To be blunt, we should still be in deficit
without these reforms. But in both cases, one could also
argue that the programs have been strengthened.
I have long believed that there are similar opportunities
to improve our largest entitlement, Social Security, which is
now 23 percent of total federal spending. As chairman of the
Budget Committee Task Force on Social Security, I helped
develop 18 unanimous and bipartisan findings that could serve
as the basis for reform.
After the completion of the task force's business, I also
introduced the bipartisan Social Security Solvency Act (H.R.
3206), which is scored to keep Social Security solvent based
on these findings.
The effect of this reform (or of similarly reforms such as
the 21st Century Retirement Act (H.R. 1793)) would be to
dramatically reduce the growth of government spending for
decades to come. The charts (not shown here) indicate how
significant reform can be.
The first chart shows that federal spending will rise to
nearly 35 percent of the nation's gross domestic produce
without changes in our entitlement programs, about 75 percent
higher than it is today. Needless to say, giant tax increases
will be needed to sustain this level of spending.
In contrast, the second chart shows what could happen if we
simply adopt the Social Security Solvency Act. Under this
scenario, we would experience a gradual reduction in federal
spending as we shift to a retirement system based partly on
worker-owned accounts starting at 2.5 percent of income and
partly on traditional government-paid benefits.
This legislation would also fully restore the program's
shaky finances and create opportunities for workers to live
better in retirement by making full use of the power of
compound interest.
This is not easy work. But if we do nothing, taxes will
have to rise to the equivalent of 40 percent of payroll by
2040 to pay for Social Security, Medicare, and Medicaid.
Social Security and our other entitlement programs are
complicated and alternation carries political risk.
The benefits from this effort, however, will also be
substantial. Sound reforms will allow Congress to master the
federal budget where gimmicky process reforms such as
biennial budgeting are bound to fail.
Mr. DREIER. Mr. Chairman, may I inquire of the Chair how much time is
remaining on all sides here?
The CHAIRMAN. The gentleman from California (Mr. Dreier) has 8\1/2\
minutes remaining, the gentleman from Massachusetts (Mr. Moakley) has
2\1/2\ minutes remaining, and the gentleman from Michigan (Mr. Smith)
has 3 minutes remaining.
Mr. DREIER. Mr. Chairman, I yield 4 minutes to the gentleman from
Florida (Mr. Young), and let me just say that it has been an honor to
work with the chairman of the very important Committee on
Appropriations, who has long been a great champion of this issue of
biennial budgeting.
Mr. YOUNG of Florida. Mr. Chairman, I disagree with the argument that
I just heard about weakening the appropriations process, or weakening
the House. I believe that we actually strengthen the position of the
United States Congress in our separation of powers, in our separate but
equal branches of government, by providing oversight of the hundreds of
billions of dollars spent by the agencies of the Federal Government.
Now, if we do not have time to do oversight, we are not strengthening
the position of the House of Representatives or the Congress in that
whole process. I referred to this chart earlier, and I would ask the
Members to look at it again. All of the days and weeks colored in red
are days that have gone past, that have expired, that are gone before
the Committee on Appropriations ever got a budget allocation.
Now, we cannot assign 302(b) allocations to our subcommittees until
we get a 302(a) allocation that comes from the budget resolution.
{time} 1645
When we lose more than half of the year before we can even begin to
make our allocations, we are losing valuable time in getting
appropriations bills considered, passed in the House and the Senate,
and approved by the President of the United States. We run out of time
and do not have adequate time for negotiations with the Senate or the
President, and we do not have time to do the oversight.
And they say, well, do the oversight over here. That is fine, and we
do some oversight during this period. But we need to see the
President's budget and we need to see the resolution of the Committee
on the Budget so we know what kind of oversight we are supposed to
provide.
We do a pretty good job as appropriators in oversight. We eliminate a
lot of the wasteful programs. There is a lot more to be done. We
eliminate a lot of duplicative programs. There is a lot more to be
done. And if we had more time to apply to this job rather than having
to rush and rush and hurry to get the appropriations bills done before
the end of September, we could do more oversight. We could strengthen
the hand of the United States House of Representatives and the United
States Congress as we deal with the executive branch of Government.
The branches of Government are supposedly, under our Constitution,
separate but equal. It seems that in recent years, the executive branch
has become more equal than any other branch, for a lot of reasons. One
reason is the confusion that we created in the budget process that was
put into effect in 1974. That cost us time and cost us the ability to
do the real oversight that we ought to be doing.
So I am a supporter of biennial appropriations, and I know a lot of
my colleagues on the Committee on Appropriations are also supporters. I
also know that a lot of my appropriating colleagues are not. But I
think it is a good move and I think we ought to support this.
While there is a difference of opinion on the Committee on
Appropriations, for a number of reasons, it is my opinion, having
served on this committee for 27 years that, prior to the time that we
had limitations put on us by the Budget and Impoundment Control Act, we
had more time to do better oversight. But once the budget act was put
into effect and we were given dates that were not realistic as far as
appropriations were concerned, we lost a lot of the time that we could
use in oversight and in appropriating.
So I would just ask the Members to think about this seriously and
consider giving us the opportunity to have time to do this oversight
and do it properly by supporting this amendment.
Mr. SMITH of Michigan. Mr. Chairman, I yield 1\1/2\ minutes to the
gentleman from South Carolina (Mr. Spratt), the ranking member of our
Committee on the Budget.
(Mr. SPRATT asked and was given permission to revise and extend his
remarks.)
[[Page H3125]]
Mr. SPRATT. Mr. Chairman, I rise in opposition to the amendment.
Mr. Chairman, one of the gravest responsibilities that is given to us
in Congress is the power to declare war. We have the power to raise
armies and navies. We have the power to regulate them. And we have the
power to determine when they will be put in the field, when young men
and women will be put in harm's way to protect the interests of this
country.
Frankly, we do not exercise that power very well. We have the War
Powers Act, which gives the President presumptive authority to dispatch
troops into conflict; and we have the power to recall them by passing a
resolution of dubious legal status. We rarely exercise it. In the 18
years I have been here, I think we have used it twice.
One restraint we have is the knowledge on the part of the President
and the executive branch that every year, every year, they must come
here hat in hand and ask us to fund the defense budget of this country.
And if they dispatch troops, under the biennial budget, they will have
$600 billion to spend, they will have twice the amount that we will
appropriate this year in our defense budget and a 2-year lapse of time
before they have to come up here and account for how they have spent
and used that money.
Unless we have better controls on how we are going to dispatch troops
to combat and commit our forces, I do not think we need biennial
budgeting. It is one of the few limits we have, however we may exercise
it, upon the use of our military in foreign theaters.
I think we should retain that short leash, that 1-year appropriation,
to remind the executive that he still must come to Congress for the
authority to put our men and women in harm's way.
Mr. MOAKLEY. Mr. Chairman, would the Chair be kind enough to inform
all parties of the remaining time?
The CHAIRMAN. The gentleman from Michigan (Mr. Smith) has 1\1/2\
minutes remaining. The gentleman from Massachusetts (Mr. Moakley) has
2\1/2\ minutes remaining. The gentleman from California (Mr. Dreier)
has 4\1/2\ minutes remaining.
Mr. MOAKLEY. Mr. Chairman, I yield 1 minute to the gentlewoman from
Oregon (Ms. Hooley).
Ms. HOOLEY of Oregon. Mr. Chairman, while I understand the
frustrations sometimes we have with the budget process, I come from a
State that had biennial budgets. They did not work very well. Let me
tell my colleagues why they did not work very well.
In that off year, we talk about having review and oversight. Well,
when we do it in the off year, what I found is that it does not work
very well, it has no teeth.
It was a time when that oversight is less systematic, it is less
intense and, again, it really does not have any teeth. In fact, most of
the time it did not happen. So it does not work very well.
This is only chance we have to sit down every year and go over those
budgets item by item and agency by agency. And again, by my experience,
biennial budgets do not work very well.
If we want to experiment, let us experiment with it. But this is a
time that we should not change the process because there is not the
oversight that happens in those opposite years.
Mr. DREIER. Mr. Chairman, I yield 1\1/2\ minutes to my very good
friend, the gentleman from Tennessee (Mr. Clement).
Mr. CLEMENT. Mr. Chairman, I thank the gentleman for yielding me the
time.
Mr. Chairman, I rise today in strong support of the Dreier amendment
to replace our current time consuming, bloated, and inefficient budget
process with the biennial budgeting.
I believe in our budget leaders, Democrat and Republican alike. But
the fact is, after being here for so many years, we have got to change
the system. We have got to make some reforms. We are going to elect a
new President in November, and let us start it out in a correct manner.
When we do this, we are going to be fighting over surpluses and
priorities rather than fighting over deficits in the past. And the
amount of time spent on the annual appropriations bills both in
committee and on the floor leaves us significantly less time to engage
in needed oversight activities and enact authorization bills.
Congress routinely funds unauthorized programs because we do not have
time to take up the authorization legislation.
For fiscal year 2000, appropriations were provided for 137 programs
whose authorization had expired, providing $121 billion for programs
that lacked authorization. This is simply wrong.
Part of responsible governing includes funding programs that have
gone through the authorization process. Biennial budgeting will allow
us time to review and fund programs that merit taxpayers' dollars. That
is what the people at home want. They want fairness. They want equity.
Let us have a 2-year budget rather than a 1-year budget, and we will
get a lot more done and we will save a lot more taxpayers' dollars.
Mr. SMITH of Michigan. Mr. Chairman, I yield myself 1\1/2\ minutes.
Mr. Chairman, we have problems with budgets projections. It should be
obvious to everybody how far off our projections are 1 year in advance,
let alone 2 years in advance.
Two years ago, CBO projected a $70 billion deficit for the year 2000.
The current estimate is that there will be a $170 billion surplus. That
is a $240 billion difference.
Budget inflation. Agencies will deal with uncertainty in two year
budgets by padding their budget request. This will result in more
spending.
Mr. Chairman, Congress has had annual Federal budgets since 1789. Our
present budget problems have nothing to do with annual budgets. Our
present budget problems have to do with the willingness of Members to
take the time to make the effort to oversee and review spending bills
in the United States Congress.
When it comes to giving taxpayers their money's worth, whether the
budget is 2 years or 1 year, there will be no difference unless there
is a willingness of Members to review programs that need to be
reviewed. The authorizing committees that now have 2-, 3-, 5-year
authorization bills now have the time available to do that.
What is going to happen with an election year when Members want to go
home if there is no budget to pass? I urge Members to vote against this
amendment.
Mr. DREIER. Mr. Chairman, I yield 1 minute to the gentlewoman from
Washington (Ms. Dunn), one of the able coauthors of this amendment.
Ms. DUNN. Mr. Chairman, I rise today in support of the amendment
offered by my friend, the gentleman from California (Mr. Dreier), to
require a biennial budget.
When the gentleman from California (Mr. Dreier) and I served together
on the Commission to Reform the House of Representatives in 1993 and
1994, we came out with some pretty important recommendations that then
were passed into law when we took over the running of the Congress, for
example, the Open Meetings Act, the first ever private audit of the
House of Representatives, reduction of staff and committee by a third,
which allowed us to run this body at $200 million less than the other
party had run it the year before.
But the most important of all of those recommendations is the one
that is being considered today on the floor, and that is implementing a
biennial budget. It will bring us much more value for our tax dollar by
allowing us to focus more on the efficiency of Government and the
scrutiny that Federal programs should receive. Biennial budgeting will
bring greater trust in Government.
By allowing greater deliberation over budgeting by the legislative
bodies, we can assure our constituents that their tax dollars are being
spent wisely and judiciously.
I urge my colleagues to support this amendment.
The CHAIRMAN. The gentleman from California (Mr. Dreier) has 2
minutes remaining. The gentleman from Massachusetts (Mr. Moakley) has
1\1/2\ minutes remaining. The gentleman from Massachusetts (Mr.
Moakley) has the right to close the debate.
Mr. DREIER. Mr. Chairman, the gentleman from Massachusetts (Mr.
Moakley) has the right to close?
The CHAIRMAN. As representing one of the committees managing the
bill, the gentleman from Massachusetts (Mr. Moakley) has the right to
close the debate, as the gentleman from
[[Page H3126]]
California (Mr. Dreier) is seeking to amend the committee's bill.
Mr. DREIER. Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, this amendment has a great deal of common sense to it.
There are a number of statements that have been made that I think need
to be refuted.
This argument that the gentleman from Michigan (Mr. Smith) is making
about oversight, biennial budgeting dramatically enhances the ability
to have oversight.
The subcommittee of the gentleman from Alabama (Mr. Callahan) can
continue with its oversight and appropriations. But, also, we very much
want to have the authorizers spend time on oversight.
It is a constitutional responsibility which, unfortunately, we do not
get to do enough of now because we spend so doggone much time on all of
these budget disputes that are going on.
This argument that has been made about this transfer of authority
down to the executive branch, Jack Lew, a great protege of the
gentleman from Massachusetts (Mr. Moakley), who is now our Director of
the Office of Management and Budget, said in his testimony, ``While I
respect the concern of those who believe that biennial budgeting will
shift power between the two branches, I don't share this concern. I do
not believe that, under biennial budgeting, executive branch officials
would become less responsive to Congress. That is because biennial
budgeting would not alter the fundamental reality that, under the
Constitution, Congress has the power of the purse.''
Dan Crippen, who is the Director of the Congressional Budget Office,
stated, ``It seems unlikely that agencies would be less responsive to
the Congress simply because they would be requesting regular
appropriations every other year. Also, a biennial budget cycle by
setting aside some time for Congressional action on oversight and
authorizing legislation might relieve the appropriation process of
time-consuming debates on substantive policy issues, which could
actually improve congressional control of spending.''
That is what we are trying to get at.
Mr. Chairman, this is the most sweeping reform in a quarter century.
It makes so much sense. We have got everyone who is now in the White
House and seeking the White House in support of this. We have
bipartisan support. The chairman of the Committee on Appropriations,
the Speaker of the House, many of the cardinals, many Democrats have
joined in support of it.
We should provide this very, very key to the reform of the budget
process. I urge an aye vote.
{time} 1700
Mr. MOAKLEY. Mr. Chairman, I yield myself the balance of my time. I
think the gentleman just made the argument why Presidents want this. It
gives them an advantage. Every President wants it. Jack Lew who works
for the President is doing a great job carrying out the President's
orders because the President knows that it would have the legislature
up against the wall in the off years.
Mr. Chairman, I call to the Members' attention an editorial from
yesterday's Washington Post urging the defeat of this amendment,
``Fleeing Hard Choices.'' I urge a ``no'' vote on the biennial budget
amendment.
[From the Washington Post, May 15, 2000]
Fleeing Hard Choices
The House this week may take up a proposal to shift to
biennial budgeting. The bad idea suggests that even the
members are disgusted with the duplicitous farce in which
they now annually engage. It is part of a 15-year effort to
find a procedural fix that will somehow magically save them
from their own indiscipline. But process can't solve the
problem, and as with so many of its predecessors, this is a
proposal that would do more harm than good.
The problem is not that the budget takes too much time each
year, but that the Republicans particularly persist in
pretending that they can spend the same dollars twice. They
say as they have since 1981 that they can give a large tax
cut, protect Social Security and Medicare, increase defense
spending and still balance the budget by cutting other
domestic spending. But as everyone understands by now, they
lack the votes for such cuts even within their own caucus.
The appropriations process once again has begun. To pay for
their tax cut plus all the rest, the Republicans would have
to cut domestic appropriations by about 10 percent in real
terms over the next five years and more thereafter. A cut
that large would do real harm to basic functions of
government, but the sponsors aren't required to name specific
cuts. They strike their pose, then use accounting gimmicks to
crawl back from the abyss to which the pose took them. That's
what the budget process has become. It's squalid and
demeaning, and members can be forgiven for wanting to engage
in it only once every two years. But it's their unwillingness
to make hard choices from which they flee.
The choices occur within particular appropriations bills.
The Democrats want to increase education spending. The
Republicans want at least to match them without doing notable
harm in an election year to the health and other social
programs with which education competes for appropriations.
But in part to pay for their tax cut, their budget calls for
a freeze on appropriations for health, education, etc., next
fiscal year--not even an allowance for inflation. So they
already are resorting to gimmicks. Likewise in the so-called
VA-HUD bill, in which they propose to cut overall spending
while increasing veterans' health spending. But do they want
to offend the big cities by cutting the subsidized housing
programs for the poor with which the veterans' programs
compete?
Myth and math don't match; truth becomes the victims. But
biennial budgeting won't solve that; if anything, it will
make it worse. The budget would have to be drawn up more than
two years in advance. It would be an exercise in guesswork.
There would have to be even more adjustments--``emergency''
appropriations, with all the opportunities for mischief they
present--than now. That's especially so because they would
postpone until the second year the discipline from which they
would give themselves a bye in the first. No procedural fix
can take the place of political will.
Mr. STEARNS. Mr. Chairman. I rise in support of the biennial budget
amendment being offered by Mr. Dreier.
I became an original cosponsor of the biennial budget resolution
because I want to see our budget process improved. As we all know, the
budget process often results in gridlock. In the past we have witnessed
train wrecks, government shutdowns, and continuing resolutions.
Although establishing spending levels in Washington will always be
contentious, there is strong agreement on adopting a two-year, or
biennial, budget process. President Clinton, Senate Majority Leader
Trent Lott, and other congressional leaders have endorsed this
streamlined system.
Under a biennial budget the President would submit a two-year budget
resolution during the first session of Congress.
Congress then would consider and pass 13 two-year appropriation bills
for the President's signature. The second session of Congress would be
devoted to overseeing government programs, considering authorization
bills, and working on other legislative priorities. Imagine, members of
the House and Senate carefully considering legislative proposals and
addressing major issues and emergencies at a deliberate and reasoned
pace.
The annual budget process has become a tool of political theatrics
yielding poor policies. By adopting a biennial budget spending,
decisions would be made in the year prior to an election year, putting
policy ahead of politics.
Annual budgeting also encourages using accounting gimmickry and
wishful thinking. Lawmakers frequently adopt budgets with ambitious
out-year spending restrictions; restrictions that rarely materialize.
It is easy to promise to make tough decisions next year, beyond the
reach of the current budget. Biennial budgeting doubles the period for
specific spending levels and holds decision makers more accountable.
Since 1950, Congress has only twice met the fiscal year deadline for
completion of all 13 individual appropriation bills. A two-year budget
cycle will introduce greater stability to the funding process, decrease
political manipulation of federal spending, and enhance the efficiency
of Congress and federal agencies. It would also increase the public's
confidence in the ability of the federal government to manage its
responsibilities. That is the mark of good government.
Adoption of a biennial budget makes sense because it would be an
important improvement to our budget process.
Mr. HORN. Mr. Chairman, I rise in support of Representative Dreier's
two-year budget amendment. This amendment would create a two-year
budget cycle which would save both time and money. That cycle would
enable Congress to increase its oversight of Federal programs and
Federal spending.
That is long overdue!
Of the functions, we do well when we engage in law making and helping
our constituents who have had difficulties with a complicated
bureaucracy.
We all know that we do not do enough to regularly examine how the
executive branch implements our laws.
Why don't we do a better job of oversight? For one reason is a lack
of time in which to do it. Another reason is that our staffs want to
develop policy. It is glamorous. The media also enjoys policy, not the
hard work.
[[Page H3127]]
The really difficult work is to spend weeks and months of going over
a lot of paper and interviews with civil servants and clients. In 1994
we put the government performance and results act in the public laws of
our nation.
Those of us on Government Reform have urged our colleagues to meet
with their political counter-parts in the Executive Branch--the Cabinet
Secretary, the Agency Administrator, the Deputy Secretary, the Deputy
Administrator, or the various Assistant Secretaries. We need the
dialogue between the principal agents of the President's administration
and those of us who have been elected by the people.
As we know, the Results Act is off to a very slow start. The General
Accounting Office report on Federal agencies' 1999 performance plans
found that only 14 of 35 agencies defined a relationship between their
program activities and their performance goals. Few agencies explained
how they would use their funding to achieve those goals.
Sustained congressional oversight is essential. Congressional
appropriators and authorizers are in the best position to provide that
oversight. But they must have the time in which to do so. Congress must
demand accurate and timely program performance data from the Federal
departments and agencies.
That objective will require agency leadership that is strong
committed to implementing all phases of the Government Performance and
Results Act.
It will require the Office of Management and Budget to require
agencies to justify their funding requests by linking them to the
agency's program results.
Finally, it will require greater congressional scrutiny to ensure
that the job gets done.
It is time for two year budgeting, and it is time to start linking
Government spending with the results of that spending.
I strongly urge my colleague to support the Drier amendment.
Ms. McCARTHY of Missouri. Mr. Chairman, today we have a historic
opportunity to fundamentally change the way we do business in Congress.
Implementing biennial budgeting will insert new efficiencies and
programmatic oversight into the budget process, provide agencies with
more decisionmaking stability with which to plan for future needs, and
allow the Congress more time to consider policy matters critical to the
citizens.
As is often the case with important policy decisions, Congress can
benefit from the experiences of the States. My State of Missouri is
among the 23 States that have implemented biennial budgeting. Missouri
began using a mixed biennial budget process several years ago (1994-
1995 biennium).
The day-to-day operations of the State continue to be authorized on a
yearly basis, but our capital improvements budget--about $700 million--
operates on a biennium to aid in planning major capital investments and
to increase agency oversight.
As with the Missouri experience, a Federal biennial budget will
improve both our fiscal and programmatic management, and enable us to
become more efficient and more productive. This works in my State; I am
here today to say it can also work at the Federal level.
Improvement is vitally needed at the Federal level. Only twice in the
past quarter-century has Congress completed action on all 13
appropriations bills by the start of the new fiscal year on October 1.
Since my election to the House of Representatives in 1994, Congress
has never gotten all of its budgeting responsibilities completed on
time.
In 1995, our inability to act forced a government shut down at the
end of the year. In 1996, Congress didn't pass the Budget Resolution
until mid-summer and barely completed all of the appropriations bills
prior to the fiscal year deadline. In 1997, we didn't bother to pass a
Budget Resolution at all.
For the past two years we have only been able to complete work on the
annual funding bills by passing an omnibus appropriations bill with
less than 24 hours to review a multi-agency appropriation bill
containing critically important program funding.
This is no way to allocate precious taxpayer dollars or to do our
critically important oversight duties such as finding ways to expand
enrollment in Head Start, working in a bipartisan fashion to provide
safe streets and schools for our children, identifying strategies to
extend the solvency of the Social Security Trust Fund, or debating how
we can provide quality health care to all Americans.
Let us take an important step today toward truly reforming how we do
our nation's business and adopt biennial budgeting. Biennial budgeting
does not eliminate our responsibility to make the difficult choices
among spending priorities nor with it cure all the problems within the
budget process, but biennial budgeting is a step in the right
direction.
I strongly urge the House to adopt my distinguished colleague's
amendment to H.R. 853 to establish a biennial budget process, so we can
begin a new millennium with a renewed emphasis on cooperation, results,
and efficiency.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. Dreier).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Recorded Vote
Mr. DREIER. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 201,
noes 217, not voting 17, as follows:
[Roll No. 186]
AYES--201
Archer
Armey
Bachus
Baker
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Biggert
Bilbray
Bilirakis
Bliley
Blunt
Boehlert
Boehner
Bono
Boucher
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Castle
Chabot
Chambliss
Clement
Coble
Coburn
Combest
Condit
Cook
Cooksey
Crane
Cubin
Davis (VA)
Deal
DeFazio
DeLay
DeMint
Diaz-Balart
Doggett
Dreier
Dunn
Ehlers
Ehrlich
English
Ewing
Foley
Fossella
Fowler
Franks (NJ)
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Goss
Graham
Granger
Green (WI)
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hutchinson
Hyde
Inslee
Isakson
Jenkins
Johnson (CT)
Johnson, Sam
Jones (NC)
Kind (WI)
King (NY)
Kleczka
Kolbe
Kuykendall
LaHood
Latham
LaTourette
Lazio
Leach
Linder
LoBiondo
Lucas (OK)
Luther
Martinez
McCarthy (MO)
McCrery
McHugh
McInnis
McKeon
Meehan
Metcalf
Mica
Miller (FL)
Miller, Gary
Minge
Moran (KS)
Morella
Myrick
Napolitano
Nethercutt
Ney
Northup
Norwood
Ose
Oxley
Pease
Peterson (PA)
Pickering
Pitts
Porter
Portman
Pryce (OH)
Quinn
Radanovich
Ramstad
Regula
Reynolds
Riley
Roemer
Rogan
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sandlin
Sanford
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Shimkus
Simpson
Sisisky
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Stearns
Stump
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauscher
Tauzin
Terry
Thomas
Thompson (CA)
Thornberry
Thune
Tiahrt
Toomey
Upton
Vento
Vitter
Walden
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wilson
Young (AK)
Young (FL)
NOES--217
Abercrombie
Aderholt
Allen
Andrews
Baca
Baird
Baldacci
Baldwin
Barcia
Barrett (WI)
Becerra
Bentsen
Berkley
Berman
Berry
Bishop
Blagojevich
Blumenauer
Bonilla
Bonior
Borski
Boswell
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson
Chenoweth-Hage
Clay
Clayton
Clyburn
Collins
Conyers
Costello
Cox
Coyne
Cramer
Crowley
Cummings
Cunningham
Danner
Davis (FL)
Davis (IL)
DeGette
Delahunt
DeLauro
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Doyle
Duncan
Edwards
Emerson
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Filner
Fletcher
Forbes
Ford
Frank (MA)
Frelinghuysen
Frost
Gejdenson
Gephardt
Gonzalez
Gordon
Green (TX)
Gutierrez
Hastings (FL)
Hayes
Hill (IN)
Hill (MT)
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Holden
Holt
Hooley
Hoyer
Hunter
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kasich
Kelly
Kennedy
Kildee
Kilpatrick
Kingston
Klink
Knollenberg
Kucinich
LaFalce
Lampson
Lantos
Larson
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
Lofgren
Lucas (KY)
Maloney (CT)
Manzullo
Markey
Mascara
Matsui
McCarthy (NY)
McDermott
McGovern
McIntyre
McKinney
Meek (FL)
Menendez
Millender-McDonald
Miller, George
Mink
Moakley
Mollohan
Moore
Moran (VA)
Murtha
Neal
Nussle
Oberstar
Obey
Olver
Ortiz
Packard
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Peterson (MN)
Petri
Phelps
Pickett
Pombo
Pomeroy
Price (NC)
Rahall
Reyes
Rivers
Rodriguez
Rogers
Rothman
Roybal-Allard
Rush
Sabo
[[Page H3128]]
Sanchez
Sanders
Sawyer
Saxton
Schakowsky
Scott
Sherman
Sherwood
Shows
Shuster
Skeen
Skelton
Slaughter
Smith (MI)
Snyder
Spence
Spratt
Stabenow
Stark
Stenholm
Strickland
Taylor (MS)
Taylor (NC)
Thompson (MS)
Tierney
Towns
Traficant
Turner
Udall (CO)
Velazquez
Visclosky
Walsh
Waters
Watkins
Watt (NC)
Waxman
Weiner
Wexler
Weygand
Wicker
Wise
Wolf
Woolsey
Wu
Wynn
NOT VOTING--17
Ackerman
Campbell
Engel
Largent
Lowey
Maloney (NY)
McCollum
McIntosh
McNulty
Meeks (NY)
Nadler
Owens
Rangel
Serrano
Stupak
Thurman
Udall (NM)
{time} 1721
Ms. Sanchez, Mr. Everett and Mr. Ford changed their vote from ``aye''
to ``no.''
Messrs. Pitts, Bliley and Sweeney changed their vote from ``no'' to
``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
The CHAIRMAN. It is now in order to consider amendment No. 2 printed
in House Report 106-613.
Amendment No. 2 Offered by Mr. Gekas
Mr. GEKAS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Gekas:
At the end of title VI, add the following new subtitle:
Subtitle C--Automatic Continuing Resolution
SEC. 631. AUTOMATIC CONTINUING RESOLUTION.
(a) Amendment to Title 31.--Chapter 13 of title 31, United
States Code, is amended by inserting after section 1310 the
following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill for a fiscal
year does not become law prior to the beginning of such
fiscal year and a joint resolution making continuing
appropriations (other than pursuant to this subsection) is
not in effect, there is appropriated, out of any moneys in
the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
such sums as may be necessary to continue any program,
project, or activity for which funds were provided in the
preceding fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, then in a
joint resolution making continuing appropriations for such
preceding fiscal year.
``(2)(A) Except as provided by subparagraphs (B), (C), and
(D), appropriations and funds made available, and authority
granted, for a program, project, or activity for any fiscal
year pursuant to this section shall be at a rate of
operations not in excess of the rate of operations provided
for in the regular appropriation Act providing for such
program, project, or activity for the preceding fiscal year,
or in the absence of such an Act, the rate of operations
provided for such program, project, or activity pursuant to a
joint resolution making continuing appropriations for such
preceding fiscal year.
``(B) The applicable rate of operations for a program,
project, or activity for any fiscal year pursuant to this
section shall exclude amounts--
``(i) for which any adjustment was made under section
251(b)(2)(A) or section 252(e) of the Balanced Budget and
Emergency Deficit Control Act of 1985 before the date of
enactment of this section;
``(ii) provided for emergencies for which an exemption from
section 251 or 252 of such Act is granted under section
317(c) of the Congressional Budget Act of 1974; or
``(iii) for which any adjustment is made under section
251(b)(2) (C) or (D) of such Act.
``(C) The applicable rate of operations for a program,
project, or activity for any fiscal year pursuant to this
section shall include amounts provided and rescinded for such
program, project, or activity in any supplemental or special
appropriations Act and in any rescission bill for that year
that is enacted into law.
``(D) The applicable rate of operations for a program,
project, or activity for any fiscal year pursuant to this
section shall be reduced by the amount of budgetary resources
cancelled in any such program, project, or activity resulting
from the prior year's sequestration under section 251 of the
Balanced Budget and Emergency Deficit Control Act of 1985 as
published in OMB's final sequestration report for the prior
fiscal year.
``(3) Appropriations and funds made available, and
authority granted, for any fiscal year pursuant to this
section for a program, project, or activity shall be
available for the period beginning with the first day of a
lapse in appropriations and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether
or not such law provides for such program, project, or
activity) or a continuing resolution making appropriations
becomes law, as the case may be, or
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or
authority granted, for a program, project, or activity for
any fiscal year pursuant to this section shall be subject to
the terms and conditions imposed with respect to the
appropriation made or funds made available for the preceding
fiscal year, or authority granted for such program, project,
or activity under current law.
``(c) Appropriations and funds made available, and
authority granted, for any program, project, or activity for
any fiscal year pursuant to this section shall cover all
obligations or expenditures incurred for such program,
project, or activity during the portion of such fiscal year
for which this section applies to such program, project, or
activity.
``(d) Expenditures made for a program, project, or activity
for any fiscal year pursuant to this section shall be charged
to the applicable appropriation, fund, or authorization
whenever a regular appropriation bill or a joint resolution
making continuing appropriations until the end of a fiscal
year providing for such program, project, or activity for
such period becomes law.
``(e) This section shall not apply to a program, project,
or activity during a fiscal year if any other provision of
law (other than an authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such program, project, or activity to
continue for such period, or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such program, project, or activity to continue
for such period; or
``(f) For purposes of this section, the term `regular
appropriation bill' means any annual appropriation bill
making appropriations, otherwise making funds available, or
granting authority, for any of the following categories of
programs, projects, and activities:
``(1) Agriculture, rural development, and related agencies
programs.
``(2) The Departments of Commerce, Justice, and State, the
judiciary, and related agencies.
``(3) The Department of Defense.
``(4) The government of the District of Columbia and other
activities chargeable in whole or in part against the
revenues of the District.
``(5) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
``(6) The Department of Housing and Urban Development, and
sundry independent agencies, boards, commissions,
corporations, and offices.
``(7) Energy and water development.
``(8) Foreign assistance and related programs.
``(9) The Department of the Interior and related agencies.
``(10) Military construction.
``(11) The Department of Transportation and related
agencies.
``(12) The Treasury Department, the U.S. Postal Service,
the Executive Office of the President, and certain
independent agencies.
``(13) The legislative branch.''.
(b) Conforming Amendment.--Section 202(e)(3) of the
Congressional Budget Act of 1974 is amended by inserting
``and on or before September 30'' before ``of each year''.
(c) Chapter Analysis.--The analysis of chapter 13 of title
31, United States Code, is amended by inserting after the
item relating to section 1310 the following new item:
``1311. Continuing appropriations.''.
(d) Effect of Amendments.--Nothing in the amendments made
by this section shall be construed to affect Government
obligations mandated by other law, including obligations with
respect to social security, medicare, and medicaid.
The CHAIRMAN. Pursuant to House Resolution 499, the gentleman from
Pennsylvania (Mr. Gekas) and a Member opposed each will control 20
minute.
Mr. YOUNG of Florida. Mr. Chairman, I rise to claim the time in
opposition to the amendment.
The CHAIRMAN. The gentleman from Florida (Mr. Young) will be
recognized for 20 minutes in opposition to the amendment.
The Chair recognizes the gentleman from Pennsylvania (Mr. Gekas).
(Mr. GEKAS asked and was given permission to revise and extend his
remarks.)
Mr. GEKAS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the amendment which we are about to consider is one
that we have proposed several times over the last decade, and each year
it becomes more important and more salient to the process which we are
debating here today, namely, how can we prepare and devise a suitable
budget for the people of the United States without the fear of or
actual causing of a shutdown of government?
Let me take you back to December of 1990, because it is important to
recognize and for the American people to realize what the nature of
this debate is.
[[Page H3129]]
In that month, you will recall, half a million of our fellow
Americans, young people serving in the Armed Forces, were in the
deserts of Saudi Arabia, musket in hand, ready to do battle to rescue
Kuwait from the Iraqi conquest.
While they were poised, ready to do battle, guess what? The
government of the United States shut down. It shut down, and, for all
intents and purposes, then the man in uniform, the woman in uniform,
was a man without a country, a woman without a country, because the
Congress did not have the negotiating ability or brain power to put
together a budget to forestall this shutdown of government.
Now, that is the worst example. Since then we have had several
shutdowns or threats of shutdown. The most notable one, of course, was
in 1995 when the Clinton strategy and the Gingrich strategy collided in
such a way that we had a colossal shutdown of government.
What I am asking here today is for us to adopt the amendment which
would call for an instant replay on October 1, the first day of the new
fiscal year, an instant replay of last year's budget for all those
appropriations bills not completed by September 30.
{time} 1730
That means that there will never be a shutdown and that the
negotiators and the appropriators, like our good friend the gentleman
from Florida (Mr. Young), who does a superb job, is not robbed of one
iota of his power in the appropriation or his ability to negotiate and
to deal with the problems of fashioning a budget, and we would be in a
position to proceed with the level of government without interruption.
That is the force and effect of my amendment. Ask the Federal
employees and the people who have to run the Federal bureaucracy, the
Social Security Administration, the Pentagon, what the people of the
United States expect. Like the Smithsonian Institute to stay open for
tourism in Washington, do they not have a right to expect that, as the
bottom line, government services to be available at all times? Yet we
would shut down not just our 500,000 men and women in Saudi Arabia but
the Smithsonian Institute as well for the rationale that is employed in
the bickering between the White House and the Congress.
I am saying what we want to put in place today is not for this
Congress, not for this President. All those who are blindly loyal to
the President, this President, or those who are blindly hostile to the
President, have to set all of that aside because we are talking about
the future budget process for the next Congress and for the next
President, not for us who went through these shutdowns and who do not
fully understand how it occurred in the first place.
So what we are talking about is good government, better government,
for the future. The gentleman from Florida (Mr. Young) wants a staunch,
workable system. I know he does, but he opposes this, I learned from a
wonderful letter that he sent to me about his rationale, because in his
way of looking at things he, as an appropriator, is robbed of the power
to negotiate and to bring about an orderly process, as he sees it, of a
budget for the year.
I say the reverse is true. If we can have the instant replay on
October 1, with no shutdown, a smooth transition into the new fiscal
year, he has more power than ever as an appropriator to be able to put
all the pieces together for a new budget and all the time unpressured
by emergencies and unpressured by special interests that always have a
hand in that mammoth last budget that all of us are forced to support
because there is nothing else before us except the threat of a shutdown
in government.
I implore my colleagues to vote in favor of the Gekas amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the
gentleman from Michigan (Mr. Knollenberg), who is a member of the
Committee on Appropriations and also a member of the Committee on the
Budget.
Mr. KNOLLENBERG. Mr. Chairman, I thank the gentleman from Florida
(Mr. Young) for yielding this time.
Mr. Chairman, I rise in total opposition to this amendment. No matter
how well written an automatic CR might be, there are always special
cases that must be addressed with legislation in order to maintain the
continuity of operations. The census is a perfect example, as well as
many research programs and construction projects, including those that
are related to national defense. In practice, this prevents Congress
from being able to pass a CR without any changes to any departments or
programs. Because of this reality, any automatic CR will have to be
supplemented with other legislation in order to work effectively and to
avoid the semi-shutdown impacts across the Federal Government.
Therefore, even with an automatic CR, we will be in a situation not
that much different than what we currently face.
In addition, I am also concerned about the change in context under
which appropriations bills are negotiated with the President. Since the
individual appropriations bills would no longer be viewed as must-pass,
this has the possibility of prolonging negotiations between Congress
and the President.
This amendment will remove the backbone from appropriators because
there will be no sense of urgency in passing appropriations bills. I
understand the concerns of many of my colleagues about the effects of
the threat of a government shutdown but government shutdowns can easily
be avoided without an automatic CR. Prior shutdowns have not occurred
over appropriations issues but over extraneous issues. Short-term CRs
written as cleanly as possible have always been signed by the
President.
While I support the efforts to avoid any appropriations train wreck
at the end of the year, I do not believe the automatic CR will
accomplish this goal, and I urge my colleagues to oppose this
amendment.
Mr. GEKAS. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from
California (Mr. Rohrabacher), a staunch supporter of our concept.
Mr. ROHRABACHER. Mr. Chairman, I rise in strong support of the
amendment given us today by the gentleman from Pennsylvania (Mr.
Gekas).
Mr. Chairman, it is time for us to give up, which is the budgetary
equivalent of a doom's day strategy, a nuclear weapon. It is time to
repeal for all time the threat of a government shutdown. It is not a
threat to us as much as it is a threat to the people of the United
States. It is time for us to say that we do not have to threaten
ourselves and the American people to do our job. We do not have to
threaten to do something that everyone agrees is stupid, just to give
ourselves enough incentive to do our job and to enact appropriation
bills.
Mr. Chairman, whenever we propose to end government shutdowns, we
always hear the same thing as we have heard. How can we pass
appropriations bills without the threat of a government shutdown? One
answer is that almost every year we somehow manage to enact one or more
supplemental appropriations bills, even though we know for a fact that
the government will not shut down if we pass them.
The larger question is this: Are our appropriation bills so bad that
the only thing worse than passing them is the totally irrational
alternative of shutting down the government?
I, for one, have more confidence in our appropriators and the
appropriations process that it will work than that. Even a step towards
sanity would be worthwhile. The main reason that I supported the
amendment that we just debated and which failed, which provided for a
2-year budget cycle, is that it would mean that at least every other
year there would be no threat of a shutdown, but if we can eliminate
the threat for just half the time, which unfortunately we did not do,
why should we not go all the way? Why should we not just eliminate this
threat?
Let me suggest this: The American people are looking to us. There is
no reason for us to threaten the American people, especially there is
no reason for us to threaten government employees with the hardship and
the burden of government shutdowns just to get us to do our bills. Let
us work together. We have proven we can work together this year, but
let us put an insurance policy in place that protects the American
workers, the American people and government workers; protects them if
we
[[Page H3130]]
are not doing our job, and let us instead insist that the job get done
and not threaten the American people if we do not do it.
Mr. Chairman, I strongly support the Gekas amendment.
Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the
gentleman from New York (Mr. Walsh).
Mr. WALSH. Mr. Chairman, I thank the gentleman from Florida (Mr.
Young) for yielding me this time.
Mr. Chairman, this amendment, I think, would be a terrible mistake if
we passed it. The Founding Fathers over 200 years ago put this system
together, a system of checks and balances, and there are consequences
to our actions and also to our inactions. The concern here is that if
we fail to pass an appropriations bill or several appropriations bills,
that portion of the government will not be funded. That has happened
once in my 12 years here and I am told the last time it happened before
that was 1986. It was not the end of the world. Did it cause some
disruptions? It did. The fact of the matter is, there has to be some
discipline in the system, and if we do not get our bills done on time
and an automatic continuing resolution takes over, all impetus, all
momentum, all consequences to not completing our budget work are lost.
It is a Band-Aid approach to a very complicated, delicate balance of
power that has been working for over 200 years.
This idea of a 2-year budget, the Founding Fathers rejected that. An
automatic continuing resolution, I am sure they did not envision that
but they would have rejected it, too. What we do here, if we put the
government on automatic pilot, the pilot is the President of the United
States and we, as the legislators, our job is to be independent of the
executive, fiercely independent.
Now, we already had reform in a recent Congress where we passed a
line item veto, where we gave power to the President and the Supreme
Court said do not do that, you idiots; do not give that power to the
President. That is your power; and they gave it back to us, thank God.
Now we are going to yield more power to the President by putting the
government out on automatic pilot. We lose our control of the budget
process and the President just runs us around. That is not what we
want. We want to maintain our independence. Please defeat this bill.
Mr. GEKAS. Mr. Chairman, I yield 1 minute to the gentleman from
Maryland (Mr. Wynn).
Mr. WYNN. Mr. Chairman, I thank the gentleman from Pennsylvania (Mr.
Gekas) for yielding me this time and for his leadership on this issue.
Mr. Chairman, I rise in strong support of this amendment. We need a
continuing resolution, an automatic continuing resolution, for one
simple reason. Pause and think a moment. We were elected to run the
government, not to stop the government, not to shut it down. The
current structure we have in place, and this is no slap at the
appropriators for whom I have a great deal of respect, masks two
things. The current structure masks either our ineptitude, our failure
to come to a reasonable agreement on budget agreements, or it masks our
selfishness. The notion that our personal and perceived objectives are
more important than the government of the United States, that it is
more important that we get our way than it is that we have museums
open, that we fund our military, that we send out Social Security
checks, some people in this body think their decision-making is so
important that it is worth shutting down the government. I disagree
with that notion. I think that a continuing resolution maintains the
status quo. If one feels that cutting the government is that important,
continue the debate and negotiate. If they feel expanding government is
important, continue that debate, but in the meantime do not shut down
the government. I support the Gekas amendment.
Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the
distinguished gentleman from Alabama (Mr. Callahan).
Mr. CALLAHAN. Mr. Chairman, there is no one in the House that I
respect more than the gentleman from Pennsylvania (Mr. Gekas). I
literally have spent hours across the desk from him listening to his
philosophy, sort of straining him to tell me some of the great depth of
knowledge he has of the great Civil War and his process knowledge of
this body.
I would say to the gentleman from Pennsylvania (Mr. Gekas), I am
here today to maybe engage in a colloquy with him to ask him some
specific questions.
As the gentleman may know, my niche in Congress is chairman of the
Subcommittee on Foreign Operations, Export Financing and Related
Programs, and as a result it is up to me to draft a bill each year to
bring to the Members to vote on how much foreign aid we are going to
give. This is not a real popular position. For example, I would say to
the gentleman from Pennsylvania (Mr. Gekas), we are in the process of
reducing aid to Israel, reducing Israel $120 million a year, with an
agreement with the Israeli government that this is the right direction
we should go, but under the Gekas amendment, as I understand it, there
would be no room for that reduction in a continuing resolution.
Israel gets all of their money the first 15 days of the fiscal year.
So if indeed that is the case, under the Gekas resolution when would I
be able to cut foreign aid, which is what I have been doing every
single year I have been chairman?
Mr. GEKAS. Mr. Chairman, will the gentleman yield?
Mr. CALLAHAN. I yield to the gentleman from Pennsylvania.
Mr. GEKAS. The answer is in two parts. First, when next the gentleman
meets with the appropriators to sit down for the new budget he can do
it but, secondly, I answer the question with a question. What does the
gentleman do now if we come to the end of the fiscal year and a
continuing resolution temporary for 2 weeks occurs?
Mr. CALLAHAN. Rerestrict that in the resolution. In the continuing
resolution, we deny that early disbursal, and I am saying under the
Gekas amendment, as I understand it, and I have great respect for the
gentleman's tremendous knowledge of this process, but I am saying in my
particular case we do not give foreign aid like an entitlement. We give
it to countries based upon their needs.
Mr. GEKAS. My answer to the gentleman is what does he do now under a
temporary CR? The same thing.
{time} 1745
Mr. Chairman, I yield 1 minute to the gentlewoman from Maryland (Mrs.
Morella).
Mrs. MORELLA. Mr. Chairman, I thank the gentleman for yielding time
to me.
Mr. Chairman, I rise in strong support of the Gekas amendment to
provide for an automatic continuing resolution for those appropriations
bills which have not been enacted by the start of the fiscal year.
To respond to our previous distinguished speaker, our response is,
get the bills done by the end of that fiscal year.
This amendment offered by the gentleman from Pennsylvania (Mr. Gekas)
responds to the American people, who are tired of watching the
spectacle of a possible Federal Government shutdown because of an
impasse in budget negotiations between Congress and the President.
This amendment simply prevents what all of us want to see prevented.
Mr. Chairman, there have been 17 government shutdowns since 1977.
When this happens, those who bear the real burden of these national
embarrassments are not Members of Congress, nor are they those in the
upper echelons of the executive branch. Instead, those who pay the
price are our senior citizens and our veterans, who rely on receiving
their social security and benefit checks on time, and our Federal work
force, who find themselves jerked around from one day to the next,
sometimes even 1 hour to the next, not knowing or having any control
over their only livelihoods.
Let us stop that and support this amendment.
Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the
gentleman from Texas (Mr. Bentsen).
(Mr. BENTSEN asked and was given permission to revise and extend his
remarks.)
Mr. BENTSEN. Mr. Chairman, I thank the gentleman for yielding time to
me.
[[Page H3131]]
Mr. Chairman, I have the greatest respect for the gentleman from
Pennsylvania (Mr. Gekas). We are co-chairs on the Biomedical Research
Caucus. However, this is just a bad amendment. It is well-intentioned,
but I consider this amendment to be the dumbing down of American
government.
It means well that we do not want government shutdowns, but what this
amendment does is it puts the government on automatic pilot. We might
as well pass this and leave town and not come back, because if we have
any discrepancy between the executive branch and the legislative
branch, nothing will ever get done. All we will do is have automatic
CRs that will go one after the other, and we will never take care of
policy issues we should be addressing.
Yes, there are times when the government is shut down. We had it
during the Clinton administration, we had it during the Reagan
administration. Usually the power inures to the executive in that
process. Nonetheless, that is how the system works. In the end, we are
better off because there is that separation of powers between the
branches.
I would encourage my colleagues to oppose this. When we debated this
in the Committee on the Budget, I was against it. At the very least,
what we should consider is something to do with the essential
functions, but not 100 percent, or not a freeze at 95 percent, because
we will never do anything around here. We will never make the hard
decisions. That is the unintended consequences of what is otherwise a
very well-meaning amendment.
I would hope that my colleagues would defeat this, because, as I
said, if we pass this, we might as well shut the place down, go home,
put the government on automatic pilot, and let the bureaucrats run the
operation. I do not think that is what the gentleman from Pennsylvania
intends.
Mr. GEKAS. Mr. Chairman, I yield 1 minute to the gentleman from
Florida (Mr. Stearns).
(Mr. STEARNS asked and was given permission to revise and extend his
remarks.)
Mr. STEARNS. Mr. Chairman, I thank my colleague for yielding time to
me.
Mr. Chairman, let us go to October 17 of this year. We are here on
the weekends, and it is 3 o'clock in the morning. The President has
vetoed three or four of our appropriations bills. The Republicans meet,
the Democrats meet. We do not know what to do. We are trying to get
together.
Sound familiar? That is what happened in 1999, what happened in 1998,
what happened in 1997. What do we do? We put everything together in an
omnibus appropriations bill for $500 billion. There is not one person
in this body that knew what was in that appropriations bill. We brought
it all on the House floor and everybody, exhausted, votes for it.
Is that the way to run a government? That is not the way we should do
it. There is so much in-fighting and partisanship near the end,
particularly in an election year, that we need some failsafe method.
This is what the Gekas amendment does, it fully funds 100 percent of
the previous years's budget at the funding levels so we can go home and
not have these omnibus appropriations bills that are so awful that all
of us are embarrassed to go home after voting for them.
I urge my colleagues to think in terms of protecting their
constituents, protecting the integrity of this office. If Members do
not pass the Gekas amendment for this continuing level, they are
corrupting the process. We need to pass this today.
Mr. Chairman, I rise today in support of the amendment being offered
by Mr. Gekes--the Automatic Continuing Resolution, or CR.
I do so because an automatic Continuing Resolution is a fail safe
provisions that would automatically and fully fund the thirteen
appropriations measures should any or all fail to be passed into law.
In other words, we would be adding a common sense provision to this
budget reform measure.
the CR is a simply and reasonable effort to protect America from the
kind of partisan political battle that resulted in shutting down the
government and suspending essential government services back in 1995.
None of us want this to happen ever again. Passage of this amendment
would ensure the uninterrupted continuation of vital services like
Social Security and Veterans benefits--the CR remove politics from the
appropriations process.
The CR provision is actually quite simple and generous: should any of
the bills fail to become law by the end of the fiscal year, they would
be funded at fully 100 percent of the previous year's funding levels.
In other words, there are no cuts and no elimination of programs as a
result of passage.
Today, America is not in desperate need of a dire course of action,
but one never knows what the future holds. For the good of our country
and the peace of mind of her citizens, we should pass into law this
common sense insurance mechanism.
As an original cosponsor of this legislation and a long-time
supporter of the sentiments behind the CR, I urge my colleagues to vote
in favor of this worthy amendment. I also call upon the president to
reconsider his position on this issue for the long-term good of the
entire country.
Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the
gentleman from California (Mr. Lewis), the distinguished chairman of
the Subcommittee on Defense of the Committee on Appropriations.
Mr. LEWIS of California. Mr. Chairman, I very much appreciate the
gentleman yielding time to me, and rise in strong opposition to the
amendment offered by my colleague, the gentleman from Pennsylvania (Mr.
Gekas).
It is with some hesitancy that I do so, but he and I had talked more
than once about the fact that the Founding Fathers designed this system
almost to stimulate confrontation. The body is made up of two parties,
and the debate that takes place between the two parties oftentimes is
the healthiest part of the work that we do around here. Sometimes we
have a Democratic Congress and a Republican president, and vice versa.
Indeed, that dialogue and exchange is very healthy for the process.
The automatic continuing resolution presumes that we cannot get our
work done without some way of avoiding that confrontation. Nothing
could be worse for our government than that. If we had an automatic
continuing resolution in place, there are some pretty dramatic things
that could happen in the months ahead. Let me illustrate that point.
The presumption here is that in the 00 year, everything was fine with
certain kinds of programming, so we do not need increases for the 01
year. Let me suggest that if the proposal of the gentleman from
Pennsylvania were in place, this is what would occur in the defense
arena, the area that I have responsibility for appropriating about.
The 01 bill provides for $19.6 billion for national security above
last year's bill. In specific categories, the military would be
dramatically impacted by this proposal if it were in place. For
example, for military personnel, those people we wanted so desperately
to help last year, we would lose $2 billion; for operations and
maintenance, there would be a reduction of $5.2 billion; for
procurement, very important assets for the military, $8.6 billion. The
problem goes on and on.
I would suggest very, very strongly that the Gekas amendment, while
carefully thought out by the author, is not what we need in this
legislation. Indeed, with this amendment, I would urge all of my
colleagues to vote no on the entire bill.
Mr. GEKAS. Mr. Chairman, will the gentleman yield?
Mr. LEWIS of California. I yield to the gentleman from Pennsylvania.
Mr. GEKAS. Mr. Chairman, if we came to the end of a cycle, thinking
about those expenditures that the gentleman is talking about for the
Pentagon, and we did not have a budget for the military, would the
gentleman vote for a temporary CR for 30 days or 45 days? The answer is
yes, the gentleman would, and he would be under the same constraints
then in not being able to spend.
Mr. LEWIS of California. Taking back my time, the fact is that short-
term clean CRs have worked from time to time. It is when we get in
confrontations between the administration or between parties that often
the process falls apart.
Therefore, I strongly urge my colleagues to oppose this amendment,
and if it should pass, to oppose the bill.
Mr. GEKAS. Mr. Chairman, I yield 1 minute to the gentleman from Iowa
(Mr. Nussle), the author of the overall budget reform system that we
are debating generally.
Mr. NUSSLE. Mr. Chairman, I thank the gentleman for yielding time to
me.
[[Page H3132]]
Mr. Chairman, I am amazed to hear the debate today, so much
discussion about personal and individual power, committee jurisdiction,
prerogative, the need to put discipline into a system.
Mr. Chairman, this is not about us, this is about America; We, the
people. People come from around the world to see how 260 million people
govern a Nation. They do not come here to see how much power the
chairman of the Committee on Resources has, they come here to see how
it works.
What they cannot believe and what I cannot believe, and what my
constituents in Iowa cannot believe, is that if in fact we do come to
impasse, that they should be so affected by a government shutdown that
everything has to stop because a couple of chairmen, a couple of
powerful chairmen, rightfully have an argument, rightfully have a
disagreement, and cannot come to an agreement. Therefore, everything
has to suffer, everything has to shut down.
The beauty of America is that we have been able to for more than 200
years talk about the power of the people of this country, not
individual power of Members of Congress. Let us pass this amendment.
Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the
gentleman from South Carolina (Mr. Spratt), the distinguished ranking
member of the Committee on the Budget.
(Mr. SPRATT asked and was given permission to revise and extend his
remarks.)
Mr. SPRATT. Mr. Chairman, this amendment is not necessary. It is not
necessary as long as we keep our institutional memory and remember what
happened among the public the last time we shut the government down.
That ought to be impetus enough to get the job done, get the bills
passed, and use temporary CRs to breach the gap until we do.
It is not necessary and it is not useful, either. For one thing, it
is not good for the institutions, in my opinion. It takes away all
incentive for us to enact 13 appropriation bills on time, on schedule,
by regular order. It is hard enough for us to do that now. If we pass
the CR, it is no sweat, we do not have to get the job done. The
automatic CR provision would be there to put $600 billion of spending
on automatic pilot. We could not do our job with impunity.
It is not good budget policy. What this effectively does is turn all
existing discretionary appropriations into capped entitlements at this
year's rate, because unless they are cut by a majority vote, they
remain in effect. This backstops existing spending. It takes away all
pressure for us to compromise.
Having said that, I do not think we can begin to imagine all of the
possibilities of games playing with the budget if this is adopted, not
necessarily in this body, although I am sure we are up to it, but in
the other body, where they have the power of filibuster. A minority of
the Senate, by filibuster, can prevent the enactment of regular
appropriation bills and leave the program funding levels at the capped
entitlement level in the automatic CR.
The President with his veto has all the more power now, if we pass
this bill, because he can veto with impunity. He does not have to worry
about the government keeping going because the automatic CR will fill
the gap.
We do not need any of these factors overhanging the budget process.
This amendment solves very little and it raises all sorts of problems.
It should be defeated.
Mr. GEKAS. Mr. Chairman, it now gives me personal pleasure to yield 1
minute to my colleague, the gentleman from Pennsylvania (Mr. Toomey).
Mr. TOOMEY. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, I rise in strong support of this amendment. Every year,
at the end of the appropriation process, we end up facing the shutdown
showdown. Congress and the President disagree on the spending level,
and when a stalemate occurs, the threat of a disruptive, costly,
irresponsible government shutdown looms ominously over the
negotiations.
Who wins those negotiations? The winner is whichever side can blame
the other for the shutdown. The politics of who will win and who will
get to blame the other side for the shutdown determines the winner.
That is no way to run the government.
The gentleman from Pennsylvania (Mr. Gekas) has a good commonsense
solution that says, keep the government running, keep spending bills in
dispute constant at the previous year's level. One of the best things
about this approach is, as we have heard today, nobody likes freezing
things at last year's level. No one likes it. I do not like a freeze, I
would like to see lower spending. Others do not like a freeze, they
want to see higher spending. The appropriators do not like the freeze,
they want to play the role allocated to them of allocating the
spending.
The good result of that is that if the Gekas amendment becomes law,
there is plenty of pressure from all sides to reach a reasonable
compromise, much more likely to be based on policy matters and less
likely to be driven by the politics of a shutdown.
I urge a yes vote on this amendment.
Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the
distinguished chairman of the Subcommittee on Commerce, Justice, State,
and Judiciary, the gentleman from Kentucky (Mr. Rogers).
Mr. ROGERS. I thank the gentleman for yielding time to me, Mr.
Chairman.
Mr. Chairman, the passage of this amendment would be an admission by
the Members of this body that we cannot do the job our people elected
us to do.
We were elected by our constituents, all of us, to come here and pass
on spending and funding the Federal government. Passing this amendment
would say, no, we are going to put things on automatic pilot. We do not
have the capacity or the ability to pass on individual spending bills.
I think that would be a dereliction of our duties.
We would take away the automatic period at the end of the sentence,
the October 1 deadline, and therefore these appropriations bills are
not must-pass pieces of legislation. We would extend the appropriating
process, rather than bring it to a successful conclusion.
Number two, passage of this amendment would put a premium on people
opposing and stonewalling and causing inaction. Those who would want to
increase spending or those who want to avoid a funding cut for a
program or a bill would be automatically strengthened by the existence
of the automatic continuing resolution, saying, if we do nothing, the
status quo prevails.
{time} 1800
Most Members of this body want some change in the status quo, either
up or down. Automatic continuing resolution would take away the
incentive to make something happen by a deadline. If we remove the
deadline of October 1, then I predict nothing will take place. The
government will be on automatic pilot. We would have, as the gentleman
from South Carolina (Mr. Spratt) says, capped entitlements. Every
program would stay just exactly like it is year in and year out because
there would not be the ability in this body to muster a majority of
votes to overcome that incentive to do nothing and to cause some
change.
So I would hope that the body would reject this amendment by a very
large margin because I think the people that elected us sent us here to
decide how we spend their Federal tax dollars, not to sit by on
automatic pilot and say I am helpless, I cannot do anything.
I think my colleagues are elected to do something. I think they were
elected to represent their constituents in deciding how their taxes
were spent. If my colleagues adopt this amendment, they are saying to
their folks back home, I cannot affect the process. I am putting it on
automatic pilot.
Mr. Chairman, I urge a rejection of the amendment.
Mr. GEKAS. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
Arizona (Mr. Shadegg).
(Mr. SHADEGG asked and was given permission to revise and extend his
remarks.)
Mr. SHADEGG. Mr. Chairman, I rise in strong support of the Gekas
amendment. Each year, this Congress is faced with a government
shutdown. Indeed, as an earlier speaker noted, there have been 17
government shutdowns since 1977. The last speaker made a point that it
would be an admission that somehow this would reflect badly on this
body.
I want to echo what was said earlier by one of my colleagues from
Iowa.
[[Page H3133]]
This is not about us. I have great respect for the Committee on
Appropriations. They work very hard at doing their job. They sort out
the priorities and do it very, very well.
But this is not about us. This is about the American people. Quite
simply, the American people deserve better. They deserve to know that,
if this Congress, working with the President, cannot come to an
agreement, the government will not shut down. They deserve to know that
they will not become the innocent victims of our inability to reach an
agreement.
Let me ask a simple question. I would make the point that if my wife
and I could not come to an agreement on our family budget, would we
stop feeding our children? Would we stop paying our light bill? Would
we stop paying our mortgage? The answer is no, obviously we would not.
Indeed, this is a reasonable proposal, and the notion that the budget
would go on auto pilot and nothing would happen is ridiculous. What
would happen is that we would debate the spending bills as we should
debate them, on the merits in them, without a gun at our head and being
forced to say we must reach agreement by a certain deadline or we will
hurt innocent people. The notion of hurting innocent people should not
be a part of this debate. What should be a part of it is responsible
government.
Mr. Chairman, I urge support for the Gekas amendment.
Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the
distinguished gentleman from Pennsylvania (Mr. Murtha).
Mr. MURTHA. Mr. Chairman, I worry that the Members believe that there
is some easy way to solve these problems. The reason we do not come to
a conclusion is because there are legitimate differences between
Members, between parties when we are trying to solve them.
Certainly a continuing resolution that is automatic does not solve
it. It just puts it off and puts it off again and puts it off again. It
is a way for us to find a deadline to solve the problem.
I am talking about the practical results of how we legislate. If we
face a deadline, we solve the problem. If we do not, it goes on and on.
I have seen it happen for years. I have seen us come up to a deadline
and finally pass the legislation.
If my colleagues pass something like this, they may never get the
legislation that they want. So they are making a tactical mistake when
they try to pass something and think they are going to solve the
problem.
I understand the concern of the gentleman from Pennsylvania (Mr.
Gekas), but that does not answer the concern. It does not solve the
problem. Every time we run into a conflict and there is no deadline, we
just put it off. That is the nature of the legislative business.
So I say to the Members, we make a serious mistake if we think there
is some easy way to solve this kind of a problem. Our continuing
resolutions allow us to solve the problem.
I remember President Reagan getting up and saying, I will never sign
another continuing resolution the rest of my career. Well, I do not
remember whether he did or did not, but the point was that was a way of
solving the problem. He put the continuing resolution on the desk, and
he said, this is 2 feet high, and we should not pass something like
this. Well, that got us to the culmination of the session and got us
through to the next year.
There are all kinds of ways to avoid it. I am sure if we pass
something like this, all we will do is eliminate the deadline,
eliminate the possibility of solving the problem.
So I would urge the Members to vote against this amendment that is
very damaging to our process.
Mr. GEKAS. Mr. Chairman, how much time is remaining, may I ask?
The CHAIRMAN pro tempore (Mr. LaTourette). The gentleman from
Pennsylvania (Mr. Gekas) has 5\1/2\ minutes remaining. The gentleman
from Florida (Mr. Young) has 3 minutes remaining.
Mr. GEKAS. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Cox).
Mr. COX. Mr. Chairman, I thank the gentleman from Pennsylvania
(Chairman Gekas) for yielding me this time.
I am pleased to rise in support of the Gekas amendment, which will
provide a sustaining mechanism so that whatever conflicts and debates
might arise between the branches, between the executive branch and the
legislative branch, during our annual exercise of allocating our
national resources, we will not suffer needless brinksmanship
exercises, we will not have budgetary games of chicken, and we will not
have wasteful government shutdowns.
In 1986, the Federal Government shutdown, I was working in the White
House for President Reagan at the time. That prompted President Reagan
to observe that the 1974 Budget Act, which establishes our current
budget process was badly flawed. He proposed budget reform legislation
which is essentially the Nussle-Cardin bill that we are getting to vote
on today.
The only difference between what President Reagan then proposed and
the base text that we have on the floor today is that we lack a
sustaining mechanism in the base text. That is what the Gekas amendment
provides.
I urge my colleagues to vote aye.
Mr. GEKAS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I wanted to say to all of those who opposed the
amendment on the floor, particularly the ones on our side of the aisle,
on the Republican side, that I was elated a few years back when this
same proposition came up in the midst of the debate on disaster relief.
I was overjoyed when I saw that the gentleman from Florida (Chairman
Young) and the gentleman from Kentucky (Mr. Rogers), others who oppose
this legislation, voted in favor of the Gekas amendment of that era.
The rationale was exactly the same, and the prospects were exactly the
same, and the result would have been exactly the same.
It would have been in operation today had the President not vetoed
it. It is the fault of the President that we do not have a continuing
resolution, an instant replay concept like the one we are proposing
here today. He vetoed the disaster relief program that contained the
Gekas amendment of that era.
Now, what I am imploring the Members to consider is to replicate that
which was said by the gentleman from Maryland (Mr. Wynn) and the
gentleman from Iowa (Mr. Nussle) that this is not about this Congress
and the makeup of the personalities and egos of this Congress. The
gentleman from Florida (Mr. Young) and I are going to be friends way
beyond our service in the Congress. But both of us can look back, I
would presume, to say that we put some mechanism into play as incumbent
legislators for the good of the future of our government, the future of
our system, the bolstering of our Constitution.
How anyone can say that it would be automatic pilot has to forget the
fact that, when we vote for this amendment, we are saying that is what
we want for the American people.
We want a continuing automatic transition until the appropriators can
work out a budget. I want this bill to pass, not for me or for the
gentleman from Florida (Mr. Young), but I want it to pass for the
future Congresses of the United States, long after we are gone, to put
something stable and something of which we can be proud to know that,
forever and ever, never again will the government of the United States
shut down, and particularly will that never occur again when we are
poised for some emergency action and then become toothless in the face
of the inability of the Members of Congress to come to an agreement.
Let us support the Gekas amendment.
Mr. Chairman, today is a great day for the American people. Soon the
House will be voting to approve a measure of which all Americans can
embrace and be proud--the ``Government Shutdown Prevention Act.''
Mr. Chairman, unfortunately, the image of government shutdowns from
the 104th Congress remains etched in the mind of the American citizen
as shameful--and unnecessary--incidents in our nation's history. As
taxpayers, they were incensed that the government would choose not to
perform its essential duties. As statesmen, we were all embarrassed to
have forsaken our obligations to the American people. While the
Republican Congress was blamed for the shutdowns, I believe we were all
responsible for this disgraceful exhibition of failed governance: the
House, the Senate, Republicans, Democrats, and the President.
Before us today is a message to the American people. An affirmation,
if you will, in the
[[Page H3134]]
form of an amendment which states that we, the Congress, will not
forsake the American people's trust to deliver essential government
services and allow for another shameful government shutdown in this
fiscal cycle. We will achieve this by voting for my amendment to
provide 100 percent of a Fiscal Year's spending levels to continue
through the end of the next Fiscal Year, in the absence of a regularly
passed appropriations bill or a continuing resolution.
Since my election to the House of Representatives in 1982, I have
witnessed eight government shutdowns. The worst of which occurred when
our soldiers were poised for battle in the Persian Gulf. It was at this
time that I introduced my first government shutdown prevention bill,
what I referred to as an ``instant replay'' mechanism. At the time, I
knew I was facing an uphill battle in a long war. After all, the threat
of a shutdown is one of the most effective weapons in the arsenal of
legislative politics.
However, I remained vigilant with the image in my mind of our
fighting men and women ready to sacrifice their lives as they stood
poised for Operation Desert Storm without an operating government for
which to fight. I pledged never to let that happen again. Today, I and
others proudly stand ready to fulfill that pledge as the House prepares
to vote on the Government Shutdown Prevention Act Amendment now before
us, so that we can send a clear message to the American people that we
will no longer allow them to be pawns in budget disputes between
Congress and the White House.
Mr. Chairman, without question, we should have enacted the Shutdown
Prevention Act years ago. But we did not. So let us restore the
public's faith in its leaders by showing that we have learned from our
mistakes by enacting this budget reform. I ask for its adoption and
urge all members, Republican and Democrat, to vote for its passage, and
especially urge the President to support this ``good government''
reform measure.
Mr. Chairman, I yield back the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I yield myself the balance of the
time.
Mr. Chairman, I want to agree with the gentleman from Pennsylvania
(Mr. Gekas). We are friends. I would say to the gentleman from
Pennsylvania (Mr. Gekas), we live and learn. He referred to how I might
have voted on an earlier Gekas amendment, but the situation was
considerably different then than it is now.
But I have a great difference with the gentleman from Pennsylvania
(Mr. Gekas), as he said this is what the American people want. They
want the status quo. Well, I do not believe that. The reason I do not
believe that is that every Member in this House was elected by about
the same number of people to represent that district and to do what is
right for the country. That is where the people speak.
Now, let me tell my colleagues how the people have spoken in just
this year alone. What I am holding here is a stack of legal-sized
papers. On each of these pages is a specific request made to the
Committee on Appropriations, including requests for changes in the
budget and changes in appropriations over last year.
Now, here they are. The Members of Congress have spoken. I hope that
they are all listening to this. There are 21,547 requests from Members
of this House, mostly to change from the status quo of last year. Now,
are the Members that asked for these requests to be considered by the
Committee on Appropriations going to be satisfied with the status quo?
I do not think so, Mr. Chairman.
To be honest, will the Committee on Appropriations grant every one of
these requests? Of course not, because they run close to $90 billion
over last year's budget, so we cannot do all of that.
So one thing that appropriators do is go through these lists, and
they try to prioritize based which requests have the most merit. Well,
the people of America, through their elected representatives in the
House of Representatives, have spoken. They do not want the status quo.
They want all these changes over last year. Here is the fact and here
are the pages. These are the pages and the requests of all members.
But if we have an automatic continuing resolution in place where we
enjoy this status quo that makes life easy for all of us, the people's
voice will have been muted because these 21,457 requests will not even
be considered, let alone adopted.
Mr. Chairman, I oppose this amendment.
Mr. DAVIS of Virginia. Mr. Chairman, I am in strong support of the
amendment offered by the Gentleman from Pennsylvania, and urge all my
colleagues to do the same. During 17 of the last twenty budget cycles,
there has been some level of budgetary impasse between the Congress and
the President. More often than not, these temporary delays go
relatively unnoticed because they are tempered by the passage of a
Continuing Resolution (CR) that maintains the current fiscal year's
spending levels.
Unfortunately, in 1995, the rancor of the budget battles here in
Washington were raised to such a pitch, that their consequences
ultimately resonated across the nation. As many of you remember, we
reached an impasse so insurmountable that no CR could be passed, and
the federal government was effectively shut-down. Overnight, the people
we were sent here to represent could no longer count on the federal
government to provide the services they paid for. Additionally, roughly
1 million federal employees found themselves without a job or a
paycheck during one of the busiest commercial spending times of the
year.
Mr. Chairman, more than 56,000 federal employees reside in my
district just across the Potomac River. They constitute one of my
largest constituencies, and are by far one of the most politically
astute groups in the Nation. But more important than that, they are the
people who process the millions of social security checks, they are the
DEA Agents that intercept drugs before they reach our streets, they are
the surveyors at the Department of Agriculture that distribute aid to
struggling farmers, and they are the HUD employees who make sure a poor
family has its rent covered for the next month.
No one can argue that the differences we have about the federal
budget are not of paramount importance. But when the entire federal
government is forced to close its door to the American people because
of a political dispute in Washington, then we have failed the people we
were sent here to represent. I want every member in this August Chamber
to keep in mind that when my 56,000 federal employees can't do their
jobs, it will be your constituents that will ultimately suffer.
I want to thank Mr. Gekas for offering an amendment that will provide
an automatic CR whenever the political rhetoric reaches such a pitch as
to potentially shutdown the Government. I strongly support the
amendment and urge all my colleagues to do the same.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore. All time for debate has expired.
The question is on the amendment offered by the gentleman from
Pennsylvania (Mr. Gekas).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. GEKAS. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to House Resolution 499, further
proceedings on the amendment offered by the gentleman from Pennsylvania
(Mr. Gekas) will be postponed.
It is the Chair's understanding that amendment No. 3 will not be
offered.
It is now in order to consider amendment No. 4 printed in House
Report 106-613.
Amendment No. 4 Offered by Ms. Jackson-Lee of Texas
Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Ms. Jackson-Lee of Texas:
Section 103(a) is amended by striking paragraph (1) and by
striking ``(2)''.
Section 103(c) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
(1) Redesignate subparagraphs (C), (D), (E), and (F) as
subparagraphs (D), (E), (G), and (H), respectively.
(2) by striking paragraph (2);
(3) in paragraph (3), by striking ``subparagraph (C) (as
redesignated)'' and inserting ``subparagraph (B)'';
(4) in paragraph (4), by striking ``subparagraph (C) (as
redesignated)'' and inserting ``subparagraph (B)'' and by
striking ``(D)'' and inserting ``(C)''; and
(5) in paragraph (5), by striking ``subparagraph (F) (as
redesignated)'' and inserting ``subparagraph (E) (as
redesignated)'' and by striking ``(G)'' and inserting
``(F)''.
The CHAIRMAN pro tempore. Pursuant to House Resolution 499, the
gentlewoman from Texas (Ms. Jackson-Lee) and a Member opposed each will
control 5 minutes.
Mr. NUSSLE. Mr. Chairman, I rise to claim the time in opposition to
the amendment.
[[Page H3135]]
The CHAIRMAN pro tempore. The gentleman from Iowa (Mr. Nussle) will
control 5 minutes in opposition.
The Chair recognize the gentlewoman from Texas (Ms. Jackson-Lee) for
5 minutes.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself 2\1/2\
minutes.
Mr. Chairman, I hope that my discussion of this amendment would draw
appropriators and budgeters together, because I believe the process of
budgeting and appropriating are two very crucial aspects of this House
business.
{time} 1815
Call me today the conciliatory lady, the lady who is trying to bring
us all together on the process that I think is extremely important.
We all agree that the current budget process does not run as smoothly
as we may like; however, this bill does not answer all of our concerns.
The problem with the budget process is that for the last 3 years, the
leadership has engaged sometimes in processes that do not forward the
opportunity for resolution.
In 1998, we failed to adopt a budget resolution, and for the last 2
years Congress approved budget resolutions that were difficult to
implement. To work through these problems, the Congress has to waive
rules to circumvent the budget resolutions. This bill does nothing to
address this issue.
Mr. Chairman, H.R. 853 will significantly hamper our ability to agree
on a budget by requiring a joint budget resolution, requiring the
President to enter the process early in the year, by transforming the
joint budget resolution to omnibus budget law, while simultaneously
curtailing the ability of the appropriation committees to press forward
if a budget has not been agreed to by May 15. This will delay the
process rather than speed it up. So it is important that we look for
options.
To interject the President in this is not a good option. The budget
resolution will be transformed into a must-pass legislation. It is
important, then, to offer an amendment that puts back into the process
the actual ability to discuss the budget items as they are noted in the
budget process. It gives us the opportunity to be able to discuss
thoroughly the needs of education, the needs of Medicare, the needs of
Social Security.
In my district, in particular, we are suffering in our public
hospital system because of the formula of disproportionate share. It is
important, Mr. Chairman, that we have the opportunity to ensure that we
discuss these items in a manner that is respectful of the needs of the
American people. That vigorous debate in the Committee on the Budget,
that vigorous debate that is heard by the Committee on Appropriations
is important.
So I would hope that this amendment that strikes language, that would
take analysis of the budget functions out of the House budget
resolution and place them in the committee report would be accepted and
would be viewed as an important feature, an important aspect of the
budgeting process for all Americans.
Mr. Chairman, I rise in strong support of my amendment to eliminate
H.R. 853's provision taking the analysis of the budget functions out of
the House budget resolution and placing them in a Committee report.
This Committee report would not permit the debate of each individual
budget function; instead, the budget debate would shift to the
comprehensive total amount.
The prohibition of debate on individual budget functions would
significantly curtail the ability to increase discretionary spending.
This amendment reinstates the inclusion of budget functions in the
budget resolution. Under my amendment, the budget resolution would
continue to set spending targets for the current 20 budget functions.
It is a mistake to remove budget functions and reconciliation
directives from the budget resolution, because floor amendments that
seek to address where money is spent, not just how much is spent, will
no longer be possible. Priorities are often as important as aggregates,
perhaps even more so in an era of surpluses. And if we pay inadequate
attention to the detailed priorities, the aggregates are more likely to
be unrealistic.
With functional levels included in the report and not subject to
amendment, the issue of relative priorities cannot be addressed as well
as they are now. And with the text of the budget resolution itself
including fewer details, those details may take on less importance over
time. Such a result will focus the debate on total spending and tax
levels, and generally strengthen the position of those who talk about
lower taxes and less spending.
Those who favor a series of programs such as Medicare, veterans
benefits, education, highways, WIC, child care grants, defense, or
environmental protection will be at a disadvantage in the budget
resolution debate. This would be a tragic result for our nation.
Mr. Chairman, I reserve the balance of my time.
Mr. NUSSLE. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, to me, the reason that the budget functions were
removed from the budget process as part of the base bill probably makes
the most sense, to me, of just about any of the provisions. And the
reason is because, as a new Member of the Committee on the Budget, one
of the things that I did and one of the things that my staff did as an
exercise is we actually tried to make sense of the budget functions and
how there was a correlation between those 20 budget functions and the
13 appropriation bills.
So my colleagues understand what I am saying, let me show this chart.
This is what the budget currently looks like, and what the gentlewoman
is suggesting is that these budget functions need to remain in the
budget that we pass. The problem is, there is not one number within
these 20 budget functions that correlates to anything in reality later
on in the year.
In other words, let me just take an example. Income security is the
budget function called budget function 600. As an example, for this
last budget there was $252 billion, with a B, billion dollars, set
aside for income security. Now, my colleagues might guess what that is,
but let me suggest to my colleagues that, first of all, it crossed the
jurisdiction of four committees, it crossed the authorizing
jurisdiction of seven different committees, and let me just give my
colleagues an idea of some of the things that were part of that budget
function: The drug elimination grants for low-income housing was in
this, Section 8 housing vouchers, homeless assistance grants, child
care and development block grant. That was part of the discretionary
portion of that budget function.
But see if it makes sense to have, for instance, military retirement
as part of that budget function. Should that not be in defense? Should
that not be someplace else? Why do we have budget functions that are
never used after the budget is passed? That is the question that we as
a budget reform panel asked ourselves.
So, instead of having budget functions that would make it even more
difficult for the President and the Congress to come together and make
an agreement on the budget overall, what we said was, if we really do
want to illustrate these 20 different budget functions, let us include
them, but let us not include them on the face sheet of the report. Let
us put them in the report language.
It does not mean there is not going to be income security; it does
not mean there will not be agriculture; it does not mean there will not
be education; it does not mean there will not be all of the other
important programs. Nothing is changed. Nothing is eliminated. In fact,
all of those programs can increase.
What the gentlewoman is trying to include in here is included already
in our bill. What we try and do, however, is take out the confusion of
numbers that do not make sense to anybody after the budget is passed.
So I would recommend that we vote down this amendment.
Mr. Chairman, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield 1\1/2\ minutes to the
gentleman from South Carolina (Mr. Spratt), the ranking member of the
Committee on the Budget.
(Mr. SPRATT asked and was given permission to revise and extend his
remarks.)
Mr. SPRATT. Mr. Chairman, I thank the gentlewoman for yielding me
this time.
The irony of this bill is that it elevates the budget resolution to a
joint resolution so that it has the force and effect of law, and then
it takes the contents of this newly elevated resolution and literally
guts it. It reduces us from what we have now, a debate on programmatic
priorities, the different functions in this budget, which are
[[Page H3136]]
more aligned to programmatic spending than any of the 13 appropriation
bills that we have. It takes those and relegates them to the committee
report so they lose a lot of their cause and effect.
Secondly, it takes the one power that we have as a committee to sort
of move the budget process and require committees to do what the House
would have them do, a process called reconciliation, and also relegates
it to the report. So having raised the status of the resolution to a
law, it then downgrades the contents of them to relative
insignificance.
It means that, when we have the budget debate on the floor, we will
be talking about big aggregated numbers that do not mean a lot of
anything. We will not be coming here to say that we are talking about
more for defense or more for health care or more for veterans' health
care or more for housing. We will not be able to make that argument
nearly as convincingly as we do now because all of this will be tucked
away in the report, and all we will have in the resolution itself will
be big aggregate numbers which will not necessarily mean anything about
individual programs.
This is a good amendment. It should be adopted.
Mr. NUSSLE. Mr. Chairman, I yield myself such time as I may consume.
The gentleman from South Carolina proposed an amendment in the
committee, which I thought was an interesting one when we were debating
my base bill. And that is that instead of the budget functions, what we
do is have the 302(b) allocations, which for everybody's edification
are the amounts that are given to the different 13 appropriation
subcommittees. I happened to think that was a fairly ingenious idea,
because then the numbers would connect.
Now, having said that, I can see the gentleman from Wisconsin (Mr.
Obey) and the gentleman from Alabama (Mr. Callahan) about ready to come
out of their chairs, and I do not think we are probably going to have
much success in passing that. The gentleman from Wisconsin does not
need to come out of his chair, I would say, because we did not put that
in there.
See, I should not have even brought that up.
Mr. OBEY. Mr. Chairman, will the gentleman yield?
Mr. NUSSLE. I yield to the gentleman from Wisconsin.
Mr. OBEY. Mr. Chairman, I would inform the gentleman that I was
merely making an innocent inquiry about the fate of the Chicago Cubs,
that is all.
Mr. NUSSLE. Well, reclaiming my time, Mr. Chairman, let me advise the
gentleman that they are losing.
Mr. SPRATT. Mr. Chairman, will the gentleman yield?
Mr. NUSSLE. I yield to the gentleman from South Carolina.
Mr. SPRATT. Mr. Chairman, my colleague may have noticed that I winced
when I heard him speak up in the background. I was not quite sure what
was happening back there because that was a bold proposal. It was
almost heresy because it breaks with the compromise that was reached in
1974.
Mr. NUSSLE. Reclaiming my time, Mr. Chairman, I would agree with the
gentleman from South Carolina. That is right.
To conclude, Mr. Chairman, I would suggest that if there was some
reality between the numbers, then I think there would be more of a
reason to have them in the base bill.
The frustrating thing, I think for both sides, is that these budget
functions are confusing. What we tried to do is we pushed them into the
report and we put the reconciliation restrictions into the base bill.
That way we, as a Congress, could decide exactly what committees made
those decisions, if there were changes that needed to be made. It does
not change the budget function numbers. It just, to some extent we
believe, makes them more realistic and makes them easier to understand.
The current budget functions, as the gentleman from South Carolina
knows, if we tried to add them up at the end of the year and make them
fit into the budget, rarely do. They rarely have any kind of basis in
reality when everything is said and done. So we felt it was important
to make this more of a real document and not have the confusion that we
feel was part of the original budget law, and that is the reason for
that change.
Mr. Chairman, I yield back the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I
may consume.
If we are concerned about priorities for the American people, then we
will vote for this coming-together amendment. If we are concerned about
veterans' payments, Medicare, WIC, child care grants, education and
highways, issues that bring people together, if we care about how the
appropriators do their jobs well, and they do it well; how the
Committee on the Budget does its job well, and it does it well, then we
will give ourselves the opportunity to establish priorities on the
floor dealing with the American people.
This is a good amendment, Mr. Chairman, and it brings people
together. It allows both committees respectively to do their jobs. I
respect the jobs they do, and I would ask my colleagues to vote for the
Jackson-Lee amendment that provides for aggregate assessment, and also
the ability to discuss these particular programs in a way that will
address the issues and concerns of the American people. I ask for the
vote of my colleagues on my amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson-Lee).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The CHAIRMAN. Pursuant to House Resolution 499, further proceedings
on the amendment offered by the gentlewoman from Texas (Ms. Jackson-
Lee) will be postponed.
The point of no quorum is considered withdrawn.
The CHAIRMAN. It is now in order to consider amendment No. 5 printed
in House Report 106-613.
Amendment No. 5 Offered by Mr. Tancredo
Mr. TANCREDO. Mr. Chairman, I offer an amendment made in order under
the rule.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 offered by Mr. Tancredo:
Subtitle B of title IV is amended by adding at the end the
following new section:
SEC. 426. COMMITTEE ON APPROPRIATIONS REPORTS.
Clause 3(f)(1)(B) of rule XIII of the Rules of the House of
Representatives is amended to read as follows:
``(B) a list of all appropriations contained in the bill
for expenditures not currently authorized by law along with
the last year for which the expenditures were authorized, the
level of expenditures authorized that year, the actual level
of expenditures that year, and the level of expenditures
contained in the bill (except classified intelligence or
national security programs, projects, or activities).''.
The CHAIRMAN. Pursuant to House Resolution No. 499, the gentleman
from Colorado (Mr. Tancredo) and a Member opposed each will control 5
minutes.
The gentleman from Colorado (Mr. Tancredo) is recognized for 5
minutes.
Mr. TANCREDO. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, the Tancredo amendment to H.R. 853, the Comprehensive
Budget Process Reform Act, would simply expand the reporting
requirements for unauthorized programs which appear in the back of the
House appropriations reports.
I want to take this opportunity to bring to the attention of the
committee and, to help put this thing in perspective, some historical
tidbits that I think are interesting.
In 1979, for instance, the Conservative Party leader, Margaret
Thatcher, was elected Britain's first female Prime Minister, the Facts
of Life began as a four-episode spin-off from an already successful
sitcom Different Strokes, and the Legal Services Corporation was last
authorized.
In 1980, Mount Saint Helens erupted in May, Ronald Reagan was elected
President in November, and the Department of Justice was last
reauthorized.
In 1983, the invasion of Grenada, the last episode of MASH was
broadcast,
[[Page H3137]]
and the EPA toxic substance program was last reauthorized.
In 1984, the Olympics came to Los Angeles, the movie Ghost Busters
premiered, and the Power Marketing Administration was last
reauthorized.
Well, I could go on, there are quite a bit of what I would call
interesting tidbits that puts this issue in perspective. We have a lot
of programs out there that are continuing to be appropriated for that
have not been reauthorized for years. This is a dereliction of our
duty, I think, and something we have to draw attention to.
As my colleagues know, the current House rules require a list of all
unauthorized programs to appear in the back of the appropriations
report. While this current rule is very helpful in ensuring that
Congress is aware of the programs that are unauthorized, I believe that
much more needs to be done to increase the awareness.
The amendment I propose would simply expand on current rules to
include, one, the last year for which the expenditures were authorized;
two, the level of expenditures authorized that year; three, the actual
level of expenditures for that year; and, four, the level of
expenditures contained in that current bill.
I believe this is, although not a gigantic step in the direction I
would like to take in terms of reauthorization, it is an important one.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does any Member seek the time in opposition to the
Tancredo amendment?
Mr. TANCREDO. Mr. Chairman, I yield 30 seconds to the gentleman from
Iowa (Mr. Nussle).
Mr. NUSSLE. Mr. Chairman, we have had an opportunity to look at this
amendment. We think it improves and enhances this particular bill and
we would like to accept this amendment. We feel that it helps us
particularly with the section on oversight, and we thank the gentleman
for his work on this cause.
{time} 1830
Mr. TANCREDO. Mr. Chairman, I yield 1 minute to my colleague, the
gentleman from South Carolina (Mr. DeMint).
Mr. DeMINT. Mr. Chairman, I rise in strong support of the amendment
offered by my friend, the gentleman from Colorado (Mr. Tancredo).
This is a very simple amendment with a very important purpose, to
increase access to Government spending information for Members of the
House and the Senate and, especially, to the voting public.
This is a step in the right direction because it brings reform to our
Government. It increases accountability, not by creating a new
Government program, but by empowering the people with information.
The information required by this amendment answers the questions many
of us and many citizens ask when we see un-budgeted spending, questions
such as: When did Congress approve this program? How much money was
originally approved? How does this compare with current spending
levels?
This amendment is important because an informed electorate is crucial
to the future of our democracy and informed Members of Congress will
also make better decisions.
I urge my colleagues to support this common sense amendment.
Mr. TANCREDO. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, since coming to Congress a little over a year ago, I
have spent a considerable amount of time trying to highlight the
problems that I have come across in unauthorized spending. As I say, I
know this is not the ultimate answer. It is our attempt to focus a
little attention, a little light on the problem.
The chart I have here does not come anywhere near indicating all the
programs that are being presently appropriated for without
authorization, but it just looks at a couple of things that I think are
again interesting.
Department of Justice, the last year it was authorized was 1980. The
amount of authorization at that time was $1,954,000,000. The level
appropriated in this bill $18,213,926,000. That growth has occurred
without any authorization activity.
For fiscal year 2000, according to the annual budget report released
by the CBO, there were 247 programs funded in 137 laws, totaling over
$120 billion wherein authorizations have expired. Last year there were
198 programs funded in 118 laws, totaling over $101 billion.
I believe that this continuing practice has led to the deterioration
of power of the authorizing committees and, thus, the loss of
aggressive congressional oversight and fiscal responsibility. It has
also led to the shift of power away from the legislative branch toward
the administration and Federal bureaucracy.
I recognize that H.R. 853 includes a provision requiring authorizing
committees to detail how they will authorize programs within a 10-year
period, but I believe it is time that the House adds additional
provisions to shine the light on this egregious problem.
The CHAIRMAN. All time for debate has expired.
The question is on the amendment offered by the gentleman from
Colorado (Mr. Tancredo).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider Amendment No. 6 printed
in House Report 106-613.
Amendment No. 6 Offered by Mr. Ryan of Wisconsin
Mr. RYAN of Wisconsin. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Mr. Ryan of Wisconsin:
At the end, add the following new title:
TITLE VII--BUDGETING IN AN ERA OF SURPLUSES
SEC. 701. PAYGO REQUIREMENTS AND THE ON-BUDGET SURPLUS.
(a) Section 252(a) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended to read as follows:
``(a) Purpose.--The purpose of this section is to trigger
an offsetting sequestration in the amount by which any excess
of decreases in receipts and increases in direct spending
over increases in receipts and decreases in direct spending,
caused by all direct spending and receipts legislation
enacted prior to October 1, 2002, exceeds estimates of the
on-budget surplus.''.
(b) Timing and Calculation of Sequestration.--Section
252(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:
``(b) Sequestration.--
``(1) Timing.--Not later than 15 calendar days after the
date Congress adjourns to end a session and on the same day
as a sequestration (if any) under section 251, there shall be
a sequestration to offset an amount equal to--
``(A) any excess of decreases in receipts and increases in
direct spending over increases in receipts and decreases in
direct spending for legislation enacted prior to October 1,
2002; minus
``(B) the estimated on-budget surplus (which shall not be
less than zero),
as calculated under paragraph (2).
``(2) Calculation of sequestration.--OMB shall calculate
the amount of the sequestration by adding--
``(A) all OMB estimates for the budget year of direct
spending and receipts legislation transmitted under
subsection (d) for legislation enacted prior to October 1,
2002;
``(B) the estimated amount of savings in direct spending
programs applicable to the budget year resulting from the
prior year's sequestration under this section, if any, as
published in OMB's final sequestration report for that prior
year; and
``(C) all OMB estimates for the current year that were not
reflected in the final OMB sequestration report for that
year; and
then by subtracting from such sum the OMB estimate for the
budget year of the on-budget surplus (if any) as set forth in
the OMB final sequestration report increased by the amount of
budgetary resources cancelled in any such program, project,
or activity resulting from a sequestration for the budget
year on the same day under section 251 as published in OMB's
final sequestration report.''.
(c) Preview Reports.--Section 254(c)(3) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended
by redesignating subparagraph (C) as subparagraph (D) and by
adding after subparagraph (B) the following new subparagraph:
``(C)(i) Mandatory.--In projecting the on-budget surplus
(if any) for the budget year, direct spending and receipts
shall be calculated consistent with the assumptions under
section 257(b) but shall exclude all estimates of direct
spending and receipts legislation for such year enacted after
the date of enactment of this subparagraph (as estimated by
OMB when such legislation was originally enacted).
``(ii) Discretionary.--Except as provided by the preceding
sentence, the following assumptions shall apply to the
calculation of such estimated surplus:
``(I) For programs, projects, and activities for which a
regular appropriation Act or a
[[Page H3138]]
joint resolution (other than pursuant to section 1311 of
title 31, United States Code) continuing appropriations
through the end of the budget year is enacted, budgetary
resources other than unobligated balances shall be at the
level provided by that Act with the following adjustments:
``(aa) Include amounts of budget authority provided and
rescinded for such year in any supplemental or special
appropriation Act or rescission bill that is enacted into
law.
``(bb) Reduce the level by the amount of budgetary
resources canceled in any such program, project, or activity
by a sequestration under section 251 as published in OMB's
final sequestration report for such year.
Substantive changes to or restrictions on entitlement law or
other mandatory spending law in an appropriation Act shall be
counted in determining the level of direct spending and
receipts for purposes of calculating the on-budget surplus
under this section.
``(II) For programs, projects, and activities for which a
regular appropriation Act or a joint resolution (other than
pursuant to section 1311 of title 31, United States Code)
continuing appropriations through the end of the budget year
is not enacted, budgetary resources other than unobligated
balances shall be at the level provided for the current year
in regular appropriation Acts or a joint resolution (other
than pursuant to section 1311 of title 31, United States
Code) continuing appropriations through the end of the
current year with the following adjustments:
``(aa) Include amounts of budget authority provided and
rescinded for such year in any supplemental or special
appropriation Act or rescission bill that is enacted into
law.
``(bb) Reduce the level by the amount of budgetary
resources canceled in any such program, project, or activity
by a sequestration under section 251 as published in OMB's
final sequestration report for such year.
Substantive changes to or restrictions on entitlement law or
other mandatory spending law in an appropriation Act shall be
counted in determining the level of direct spending and
receipts for purposes of calculating the on-budget surplus
under this section. After making such adjustments, further
adjust such amount using the assumptions set forth in section
257(c) (1)-(5).''.
(d) Definition of On-Budget Surplus.--Section 250(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is
amended by adding at the end the following new paragraph:
``(20) The term `on-budget surplus' means, with respect to
a fiscal year, the amount by which receipts exceed outlays
for all spending and receipt accounts of the United States
Government that are designated as on-budget. Such term does
not include outlays and receipts of the Federal Old-Age and
Survivors Insurance Trust Fund, the Federal Disability
Insurance Trust Fund, or any other off-budget entity.''.
(e) Expedited Reconciliation Process.--Section 258C of the
Balanced Budget and Emergency Deficit Control Act of 1985 is
amended as follows:
(1) The side heading of subsection (a) is amended by
inserting ``or in the House of Representatives'' after
``Senate''.
(2) In paragraphs (1), (2), (3), and (4) of subsection (a),
insert ``or House'' after ``Senate'' each place it appears.
(3) In subsection (a)(7), strike ``For'' and insert ``In
the Senate, for''.
(4) In subsection (b)(1), insert ``or House'' after
``Senate''.
(5) In the side heading of subsection (b)(4), insert
``other'' after ``the''.
(6) In subsection (b)(4), strike ``in the Senate from the
House'' and insert ``in the Senate or House of
Representatives from the other House'', strike ``Senate'' the
second place it appears and insert ``Senate or House of
Representatives, as the case may be,'', and strike ``Senate''
the third place it appears and insert ``in the applicable
House''.
The CHAIRMAN. Pursuant to House Resolution 499, the gentleman from
Wisconsin (Mr. Ryan) and the gentleman from South Carolina (Mr. Spratt)
each will control 10 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr. Ryan).
Mr. RYAN of Wisconsin. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, this is a very simple amendment. The reason why I am
proposing this amendment is because our current budget process, our
current budget laws, have failed to take into consideration that we are
now in an era of surpluses. The budget laws were written in a time when
we were knee deep in deficits and we had deficits as far as the eye
could see.
I believe that it is very important that, as we redo our budget
process, we do it to take into consideration the fact that we now have
budget surpluses.
What my amendment would do is to carry out our commitment to allow
that the on-budget or non-Social Security surpluses would be used for
tax relief or entitlement reform or debt reduction, as current law
allows.
Under current law, the budget surplus cannot be used to offset tax
relief provisions or increases in mandatory spending. This law, which
is commonly referred to as pay-as-you-go, or the pay-go statute, was
enacted in 1990. It says that the sum of all tax-and-entitlement
legislation could not increase the deficit in any given fiscal year
over a period 5 years.
This means that if a tax or spending legislation increased the
deficit, it had to be offset with increasing taxes or decreasing
entitlement spending, a wise law, for a deficit period.
But what happens when we run into a budget surplus? Mr. Chairman,
that is what this amendment addresses. This law updates that. This
legislation has been introduced by Members of both sides of the aisle
in this Congress and last Congress.
I introduced H.R. 1016 to do just this, which is similar to this
amendment. My amendment would simply apply the on-budget surplus to the
pay-go scorecard to allow that the surplus could be used for either
offsetting tax relief or entitlement reform.
If they want to pass a prescription drug benefit to Medicare, now,
under my amendment, if it becomes law, they can do so. If they want to
give deductibility for health insurance, if they want to abolish the
marriage tax penalty, right now they cannot use that budget surplus.
Under my amendment, they can do so.
What we simply achieve in this amendment is catching up with the fact
that we have surpluses. If we do not rewrite the pay-go statute to
catch up with the current situation, we will spend this money.
Mr. Chairman, what we have seen time and time again this year and
last, if there is money left on the table by our constituents
overpaying their income taxes, that money will be spent. Make no bones
about that.
What this amendment does is play off of the good support and the good
policy we have achieved by dedicating all Social Security surpluses
toward paying off our public debt.
Mr. Chairman, let me add that, with the passage of our budget
resolution, with legislation we have passed earlier, and with the
discipline of Congress last year, we stopped the raid on the Social
Security trust fund and we are well on our way to paying off our public
debt in 12 years.
What this amendment does is address those other surpluses, the non-
Social Security surpluses, the on-budget surpluses. And it simply says,
after paying that public debt off, after taking Social Security off
budget, if constituents, if the American taxpayer still overpays their
taxes, that money ought to be used for either changing entitlements
like Medicare reform or reducing their taxes. Because, after all, that
is what surpluses are, tax overpayments.
It is a very common sense bill. It is a very common sense amendment.
It is endorsed and promoted by the National Taxpayer Union and Citizens
Against Government Waste.
Mr. Chairman, I reserve the balance of my time.
Mr. SPRATT. Mr. Chairman, I yield 5\1/2\ minutes to the gentleman
from Texas (Mr. Bentsen).
(Mr. BENTSEN asked and was given permission to revise and extend his
remarks.)
Mr. BENTSEN. Mr. Chairman, I thank the gentleman for yielding me the
time.
Mr. Chairman, this is a little more than a simple amendment. But I do
want say to my colleague, the gentleman from Wisconsin (Mr. Ryan), he
is one of the more thoughtful Members on these issues, even though we
do not always agree, and I respect him for that.
The problem with this amendment, in my opinion, is that this would
repeal half of the pay-go rules only if it applies to the on-budget
surplus and it would allow the Congress to leverage long-term
projections for tax cuts or new spending which might turn out to be
wrong.
In the event they were wrong, then half of pay-go would apply and it
would apply against things either as tax increases or Medicare or title
XX social services block grants or veterans' education or student loans
or farm price supports, or quite possibly, and the appropriators should
think about this, it might indirectly affect discretionary spending,
because if the Congress decided it did not want to have sequestration
in the Medicare programs or the
[[Page H3139]]
farm price support programs, then they would have to revisit the
discretionary side of the ledger and make adjustments in there.
My colleagues would be better off, and I oppose this, but they would
be better off, quite frankly, repealing all of pay-go rather than doing
what they are doing here, which is sort of doubling up the straitjacket
that pay-go does.
I appreciate what the gentleman from Wisconsin (Mr. Ryan) is trying
to do. He is trying to say, in this new era of bucket surplus, it is
time to forget pay-go and move on.
My feeling is, one, we do not know how long this is going to go on
for. We do not know how good these projections are. We ought to be
dedicating the vast majority of both the on-budget and off-budget
surplus to paying down debt because we may well have to borrow in the
future for some unforeseen event. But to do this would just rachet
tighter and tighter pay-go on a smaller portion of the budget.
And it probably would fail. It would probably go back to the days of
Gramm-Rudman-Hollings. I was staff here when Gramm-Rudman-Hollings
first came in, and all I can remember was Congress missed, missed,
missed and missed through Gramm-Rudman-Hollings.
So it was not until the 1990 Budget Act, and I had left, I was on
Wall Street at that time, that Congress then started to follow the
spending caps and the pay-go rules.
I think it would be a grave mistake to adopt this amendment. The
gentleman from Wisconsin (Mr. Ryan) is well-intentioned, but he either
is going to set us up to fail or he is going to set us up to make huge
leverage decisions on long-term projections, which very likely could be
wrong and make us have to make cuts in these programs or raise taxes in
the future. I have not found too many Members in this body on either
side of the aisle who are eager to raise taxes.
Mr. RYAN of Wisconsin. Mr. Chairman, will the gentleman yield?
Mr. BENTSEN. I yield to the gentleman from Wisconsin.
Mr. RYAN of Wisconsin. Mr. Chairman, to respond, I appreciate the
compliments of the gentleman from Texas (Mr. Bentsen). I, too, believe
that he is one of the more thoughtful members of the Committee on the
Budget who understands these issues.
I would like to address just a couple of points he makes. I think it
is a valid point to suggest that we are locking in projections on this
pay-go scorecard fix and that that might, indeed, become a case where
those projections do not materialize.
That is why, if we look at the amendment, we have rewritten this
amendment so that it takes into account changes in budget projections.
Every January, CBO would reanalyze the projections. So every single
year we would redo the projections so that the scorecard would be
adjusted on an annual basis so that we would not wind ourselves up into
the point where we are going to pass a tax cut, say, for example, that
uses a credit on the scorecard on old projections. It would be annual
projections. And if we would exceed those projections, we would offset
that spending.
Mr. BENTSEN. Mr. Chairman, reclaiming my time, I understand that. But
they are going to have projections that they are going to get for, say,
fiscal year 2001 and then they are going to pass the capital gains tax
cut. I do not think they want to pass the capital gains tax cut and do
it on an annual basis. I think they want to do it on a long-term basis,
and I think it is going to be a problem in how it works.
The point is that they would not want to have to come back and say,
well, we set the cap gains rate at 20 percent this year, but because we
got new CBO forecast, in order not to have to cut Medicare, we are
going to go back and reset it at 21 percent.
For the investor who is holding an instrument for 6 months or a
longer period of time, that is going to be quite disruptive. And that
is a problem in trying to do this. They either have to try to go all
the way or no way.
Mr. RYAN of Wisconsin. Mr. Chairman, if the gentleman will continue
to yield, right now if we cut taxes and we pass a tax bill saying it
decreases capital gains taxes that is offset with spending cuts or
mandatory spending cuts, what this amendment simply says is that the
mixture of offsets would be on-budget surpluses or mandatory offsets,
and that mixture would be determined by the annual re-estimate of the
projection on an annual basis. So that, if they lock in place a capital
gains tax cut, say, for 10 years, their on-budget portion which pays
for that would adjust on the actual re-estimate every year and any
money that comes in above and beyond the surplus projection amount that
is required to offset taxes would be dedicated toward offsets coming
from mandatory spending.
Mr. BENTSEN. Mr. Chairman, reclaiming my time, I understand what the
gentleman is saying. It is well-intentioned. But the point he made is
that, if the numbers do not turn out, they have locked in the cap gains
tax cut for 10 years and, so, they are going to have to go back and
make it up on the mandatory spending side.
That is my point exactly, they do not know for certain. They are
going to have to come back and keep reevaluating it. So they may start
this where they have a large surplus. Things change and they have to
come back and take it out of the Medicare program. I do not think the
Members on either side of the aisle are really going to want to do it.
Mr. SPRATT. Mr. Chairman, I reserve the balance of my time.
Mr. RYAN of Wisconsin. Mr. Chairman, may I inquire as to how much
time is remaining.
The CHAIRMAN. The gentleman from Wisconsin (Mr. Ryan) has 6\1/2\
minutes remaining. The gentleman from South Carolina (Mr. Spratt) has
4\1/2\ minutes remaining.
Mr. RYAN of Wisconsin. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, before I yield to my friend from Pennsylvania, I would
like to actually quote Mr. Leon Panetta. Leon Panetta was the former
chairman of the House Committee on the Budget when the Democrats
controlled the House.
{time} 1845
He was the former Budget Director of the Office of Management and
Budget and the former Chief of Staff to President Clinton. Recently at
a budget symposium, Mr. Panetta said, ``We should set aside a specific
amount of the projected budget surplus for either use on entitlement
programs or tax cuts, and Members can then fight on how that should be
done. But to establish a pay-go account for that purpose and if that
pay-go account is exceeded, you then have to pay for any additional
spending above that limit.''
Mr. Chairman, this is precisely what my amendment does. It is an
amendment that has been endorsed effectively by Mr. Panetta, the former
chairman of the House Committee on the Budget, the former chairman of
the Office of Management and Budget.
To respond to the gentleman from Texas, who is a thoughtful gentleman
on these issues, I say that we are always passing tax relief packages
here in the House. The only difference that this amendment presents is
that if constituents, taxpayers continue to overpay their tax, that
should be factored into it. We should not spend the money on
discretionary spending if it shows up in town, if we have brand new
surpluses. That money should instead go toward tax reduction or
entitlement reform.
Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
Pennsylvania (Mr. Toomey).
Mr. TOOMEY. I thank the gentleman from Wisconsin for yielding me this
time.
Mr. Chairman, I would point out that I think he deserves
congratulations for delving so deeply into the land of esoteria here.
This is not a very well understood topic and I congratulate him for his
conscientious efforts certainly to understand it, which he thoroughly
does, but to offer a constructive solution.
I think what this amendment is all about really is honest budgeting,
specifically honest budgeting in the age of surpluses. Pay-go is a
relic of the era of deficits. It was designed at the time for the
worthy purpose of preventing further growth in existing deficits. What
the Ryan amendment does is it simply updates this tool so that it will
also work when there are surpluses. If, God forbid, we go back to the
days of deficits, this tool will continue to work as
[[Page H3140]]
it was designed, as it was intended, as it worked then. But today,
fortunately, we are in a time of surplus and we need to update this
tool.
Theoretically, under the current budget rules, if we want to use part
of the on-budget surplus, the non-Social Security surplus for a tax
cut, the rules say you have got to cut entitlement spending in order to
do that. Now, we certainly do not want to cut entitlement spending
because we want to lower taxes from the on-budget surplus, and we do
not. When we propose a tax cut, what we do is we waive this rule. We
pretend it is not there. Well, that is not the right way to do things.
That really makes a mockery of the rules of the House.
What the gentleman from Wisconsin is attempting to do is to modify
this rule, update it, bring it up to the era of surpluses and make it
workable, whether we have deficits or surpluses. It is a good,
thoughtful amendment. I urge my colleagues to support it.
Mr. SPRATT. Mr. Chairman, I yield 30 seconds to the gentleman from
Wisconsin (Mr. Obey).
Mr. OBEY. Mr. Chairman, what the Ryan amendment says is that no
matter how big the surpluses become in the future that you cannot spend
a dime on veterans health care, you cannot spend a dime on education,
you cannot spend a dime on cancer research. All you can do is use that
money for tax cuts or entitlements, which are the fastest growing
portion of the budget. With all due respect, he may define that as
being balanced and fair. I think veterans and persons suffering from
cancer and people who want their kids to get a decent education would
respectfully disagree.
Mr. RYAN of Wisconsin. Mr. Chairman, I yield myself such time as I
may consume to say just one thing. That is why we have a discretionary
budget. We have a discretionary budget which increases every year for
veterans programs, for NIH spending. This money goes toward either tax
reform or entitlement reform. Medicare is a very, very important
program for every single American in this country over the age of 65.
We are simply saying, let us fix Medicare, let us fix our entitlements
and let us fix the fact that we have the highest tax burden in the
peacetime history of this Nation.
Mr. Chairman, I yield 2 minutes to the gentleman from Nebraska (Mr.
Terry).
Mr. TERRY. Mr. Chairman, I rise in support of this amendment, along
with the others who are simply here because we passionately feel that
to secure America's future and protect our children, that we need to
limit the growth of government and that we are tired of being on the
losing end of those attempts. What we want to do is just put in real,
common sense measures that really focus the attention on limiting
spending and trying to do the right things in this Congress. This
amendment would do that. This amendment would allow the on-budget
surplus to offset tax relief or mandatory spending increases.
The Ryan pay-go amendment is endorsed by the National Taxpayers Union
and Citizens Against Government Waste. What it does is that under
current law, known as pay-go, only tax increases or cuts in mandatory
spending may be used to offset other tax relief measures or mandatory
spending increases. This amendment would allow the on-budget surplus,
not the Social Security surplus, to offset these measures. In essence,
this amendment would allow for the budget surplus to be used for tax
relief, for mandatory spending reforms such as Medicare reform.
This is bipartisan language that is similar to bills that have been
introduced in the past. It is sensible. It is common sensical. I
support it and urge all of my colleagues to support it.
Mr. SPRATT. Mr. Chairman, I yield myself such time as I may consume.
The gentleman began his amendment by saying that this would allow us
to dedicate all Social Security funds to debt reduction. But in truth,
the debt reduced, the debt held by the public, would be bought up by
the Social Security administrators and there would be a commensurate
increase in the debt held by the administrator, the Social Security
Administration, for the decrease in the debt held by the public. So in
truth there is no real debt retirement. I am in favor of doing that,
but that is not really debt retirement. If you want to retire debt, pay
off debt, you have got to use the on-budget surplus for debt reduction.
If you wipe it out with tax cuts or mandatory spending increases as
this would allow, then it will not be there for additional debt
reduction, point number one.
Point number two. He says this will protect Social Security. But in
truth what he is doing is removing the cushion that does protect Social
Security. Suppose we are wrong about future surpluses and suppose we
have a big tax cut or a big spending increase premised on the
expectation that these projections will actually obtain and they do not
obtain, the economy takes a downturn. What happens is that you are into
Social Security, because you have removed the cushion, the on-budget
surplus that would absorb the downturn in the economy. You are back
into Social Security, so it puts Social Security in jeopardy.
To protect Social Security, he reaches back into the past and gets an
instrument, a tool, we called it a club in the closet once, called
sequestration. We go back to the old principles of sequestration and
Gramm-Rudman-Hollings I and Gramm-Rudman-Hollings II here. If you have
a downturn in the economy, if the surplus does not obtain, if you have
a tax cut or a spending increase premised on payment out of the surplus
and the surplus does not show up in the future, then you have
sequestration so that you stay out of Social Security. We had
sequestration in Gramm-Rudman-Hollings. How many times did we use it?
Once. March 1, 1986. Thereafter, when the law was changed, we never
used sequestration again to any substantial extent. It is a phony
device. It will not ever happen. In any event, if it does, you will cut
Medicare instead of cutting Social Security and the same people are
going to be hurt. So this is not a good idea.
Let me tell the gentleman, I respect him. We work together on the
Committee on the Budget. He was not here in the 1980s and the 1990s
when we grappled with solutions. One of the solutions to the deficit
that we came up with was the pay-go rule. The other was the
discretionary spending ceiling. The pay-go rule was a reaction to our
failed experience under Gramm-Rudman-Hollings. In Gramm-Rudman-
Hollings, we said we are going to project the deficit for the future
each year, and we had then $180 billion deficits. So we said over 5
years we are going to eradicate this deficit. 180 over 5 equals 36,
every year we are going to reduce the deficit by $36 billion until it
is zero. It did not happen.
One reason it did not happen is that the first year out of the box,
the first year in our experience with Gramm-Rudman-Hollings the deficit
went from $180 billion to $221 billion. That was not supposed to
happen. The economy made it happen. As a consequence, we were $41
billion deeper in debt than we really thought we were, $41 billion
behind the mark where we thought we were going to start. That could
happen here. We have been lucky, we have been fortunate, but one day
this gravy train could come to an end. The increasing revenues that
have fueled the increasing surplus could also terminate. When that
happens, all of these spending increases and tax cuts that we are
premising on paper are projected surpluses may turn awry. We may find
ourselves in deep trouble because we have assumed that they were going
to happen. The safe, conservative, responsible and proven way to go is
to leave the pay-go rule the way it is and only cut taxes when you
identify a revenue stream or an entitlement cut to offset the
consequences to the surplus.
Mr. RYAN of Wisconsin. Mr. Chairman, I yield 1 minute to the
gentleman from New Hampshire (Mr. Sununu).
Mr. SUNUNU. Mr. Chairman, I have rarely heard so much time and effort
made into making a pretty simple amendment sound so complicated. It is
simple because if you ask anyone in this country what should be done
with the on-budget surpluses, they give you a pretty straightforward
response. They say, we should increase education funding, we should
strengthen Social Security or Medicare, we should get rid of the
marriage penalty, give individuals deductibility for their health
insurance cost. But the fact of the matter is under the existing pay-go
rule, you cannot get rid of the marriage penalty using the on-budget
surplus. You cannot strengthen Medicare using the on-budget surplus.
[[Page H3141]]
Then how in fact do we do those things? Last year we passed a
Medicare update bill. We had to waive the pay-go rule, which is arcane
and outdated in an age of on-budget surpluses. How did we eliminate the
Social Security earnings limit, which is good bipartisan legislation
that everyone in this body supports? We had to waive the pay-go rule.
How do we get rid of the marriage penalty? We have to waive the pay-go
rule. If you want to do these things, if you want to reduce taxes
without cutting entitlements and if you want to strengthen entitlements
without cutting other entitlements, you need to waive the existing pay-
go rules.
That is what this gentleman's amendment does. It updates them in a
common sense way.
Mr. RYAN of Wisconsin. Mr. Chairman, I yield myself such time as I
may consume.
This is a very simple amendment. For those Members who are endorsing
pay-go as it is currently structured, it is expiring next year, anyway.
We should be supporting this amendment. This amendment not only retains
pay-go but it improves and extends pay-go to apply to the fact that we
now have budget surpluses.
Mr. Chairman, those who are opposing this amendment are trying to
make it more complicated than it is. All we are saying is in the land
of budget surpluses, non-Social Security surpluses, when Washington
gets flooded with all of this new money, that money should not go
toward more frivolous spending. That money should go toward entitlement
reform and tax reform or debt reduction. Congress will decide the
mixture of those things. It extends and updates pay-go to take into
account the fact that we have a surplus era. I urge the passage of this
amendment.
The CHAIRMAN pro tempore (Mr. McHugh). The question is on the
amendment offered by the gentleman from Wisconsin (Mr. Ryan).
The question was taken; and the Chairman pro tempore announced that
the ayes appeared to have it.
Mr. SPRATT. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to House Resolution 499, further
proceedings on the amendment offered by the gentleman from Wisconsin
(Mr. Ryan) will be postponed.
It is now in order to consider amendment No. 7 printed in House
Report 106-613.
Amendment No. 7 Offered by Mr. Ryan of Wisconsin
Mr. RYAN of Wisconsin. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 7 offered by Mr. Ryan of Wisconsin:
At the end of title VI, add the following new subtitle:
Subtitle C--Spending Accountability Lock-box
SEC. 631. SHORT TITLE.
This subtitle may be cited as the ``Spending Accountability
Lock-box Act of 1999''.
SEC. 632. SPENDING ACCOUNTABILITY LOCK-BOX LEDGER.
(a) Establishment of Ledger.--Title III of the
Congressional Budget Act of 1974 (as amended by sections
104(c) and 206(a)) is further amended by adding after section
317 the following new section:
``spending accountability lock-box ledger
``Sec. 318. (a) Establishment of Ledger.--The chairman of
the Committee on the Budget of the House of Representatives
and the chairman on the Committee on the Budget of the Senate
shall each maintain a ledger to be known as the `Spending
Accountability Lock-box Ledger'. The Ledger shall be divided
into entries corresponding to the subcommittees of the
Committees on Appropriations. Each entry shall consist of
three components: the `House Lock-box Balance'; the `Senate
Lock-box Balance'; and the `Joint House-Senate Lock-box
Balance'.
``(b) Components of Ledger.--Each component in an entry
shall consist only of amounts credited to it under subsection
(c). No entry of a negative amount shall be made.
``(c) Credit of Amounts to Ledger.--(1) In the House of
Representatives or the Senate, whenever a Member offers an
amendment to an appropriation bill to reduce new budget
authority in any account, that Member may state the portion
of such reduction that shall be--
``(A) credited to the House or Senate Lock-box Balance, as
applicable; or
``(B) used to offset an increase in new budget authority in
any other account;
``(C) allowed to remain within the applicable section
302(b) suballocation.
If no such statement is made, the amount of reduction in new
budget authority resulting from the amendment shall be
credited to the House or Senate Lock-box Balance, as
applicable, if the amendment is agreed to.
``(2)(A) Except as provided by subparagraph (B), the
chairmen of the Committees on the Budget shall, upon the
engrossment of any appropriation bill by the House of
Representatives and upon the engrossment of Senate amendments
to that bill, credit to the applicable entry balance of that
House amounts of new budget authority and outlays equal to
the net amounts of reductions in new budget authority and in
outlays resulting from amendments agreed to by that House to
that bill.
``(B) When computing the net amounts of reductions in new
budget authority and in outlays resulting from amendments
agreed to by the House of Representatives or the Senate to an
appropriation bill, the chairmen of the Committees on the
Budget shall only count those portions of such amendments
agreed to that were so designated by the Members offering
such amendments as amounts to be credited to the House or
Senate Lock-box Balance, as applicable, or that fall within
the last sentence of paragraph (1).
``(3) The chairmen of the Committees on the Budget shall,
upon the engrossment of Senate amendments to any
appropriation bill, credit to the applicable Joint House-
Senate Lock-box Balance the amounts of new budget authority
and outlays equal to--
``(A) an amount equal to one-half of the sum of (i) the
amount of new budget authority in the House Lock-box Balance
plus (ii) the amount of new budget authority in the Senate
Lock-box Balance for that subcommittee; and
``(B) an amount equal to one-half of the sum of (i) the
amount of outlays in the House Lock-box Balance plus (ii) the
amount of outlays in the Senate Lock-box Balance for that
subcommittee.
``(4) Calculation of Lock-Box Savings in Senate.--For
purposes of calculating under this section the net amounts of
reductions in new budget authority and in outlays resulting
from amendments agreed to by the Senate on an appropriation
bill, the amendments reported to the Senate by its Committee
on Appropriations shall be considered to be part of the
original text of the bill.
``(d) Definition.--As used in this section, the term
`appropriation bill' means any general or special
appropriation bill, and any bill or joint resolution making
supplemental, deficiency, or continuing appropriations
through the end of a fiscal year.
``(e) Tally During House Consideration.--The chairman of
the Committee on the Budget of the House of Representatives
shall maintain a running tally of the amendments adopted
reflecting increases and decreases of budget authority in the
bill as reported. This tally shall be available to Members in
the House of Representatives during consideration of any
appropriations bill by the House.''.
(b) Conforming Amendment.--The table of contents set forth
in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item
relating to section 317 the following new item:
``Sec. 318. Spending accountability lock-box ledger.''.
SEC. 633. DOWNWARD ADJUSTMENT OF SECTION 302(A) ALLOCATIONS
AND SECTION 302(B) SUBALLOCATIONS.
(a) Allocations.--Section 302(a) of the Congressional
Budget Act of 1974 (as amended by section 422) is further
amended by adding at the end the following new paragraph:
``(6) Adjustment of allocations.--Upon the engrossment of
Senate amendments to any appropriation bill (as defined in
section 318(d)) for a fiscal year, the amounts allocated
under paragraph (1) to the Committee on Appropriations of
each House upon the adoption of the most recent joint
resolution on the budget for that fiscal year shall be
adjusted downward by the amounts credited to the applicable
Joint House-Senate Lock-box Balance under section 318(c)(2).
The revised levels of new budget authority and outlays shall
be submitted to each House by the chairman of the Committee
on the Budget of that House and shall be printed in the
Congressional Record.''.
(b) Suballocations.--Section 302(b) of the Congressional
Budget Act of 1974 is amended by adding at the end the
following new sentence: ``Whenever an adjustment is made
under subsection (a)(6) to an allocation under that
subsection, the Committee on Appropriations of each House
shall make downward adjustments in the most recent
suballocations of new budget authority and outlays under this
subparagraph to the appropriate subcommittees of that
committee in the total amounts of those adjustments under
section 318(c)(2). The revised suballocations shall be
submitted to each House by the chairman of the Committee on
Appropriations of that House and shall be printed in the
Congressional Record.''.
SEC. 634. PERIODIC REPORTING OF LEDGER STATEMENTS.
Section 308(b)(1) of the Congressional Budget Act of 1974
is amended by adding at the end the following new sentence:
``Such reports shall also include an up-to-date tabulation of
the amounts contained in the ledger and each entry
established by section 318(a).''.
SEC. 635. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING
LIMITS.
The discretionary spending limits for new budget authority
and outlays for any fiscal
[[Page H3142]]
year set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985, shall be reduced by
the amounts set forth in the final regular appropriation bill
for that fiscal year or joint resolution making continuing
appropriations through the end of that fiscal year. Those
amounts shall be the sums of the Joint House-Senate Lock-box
Balances for that fiscal year, as calculated under section
302(a)(6) of the Congressional Budget Act of 1974. That bill
or joint resolution shall contain the following statement of
law: ``As required by section 635 of the Spending
Accountability Lock-box Act of 1999, for fiscal year [insert
appropriate fiscal year] and each outyear, the adjusted
discretionary spending limit for new budget authority is
reduced by $ [insert appropriate amount of reduction] and the
adjusted discretionary limit for outlays is reduced by $
[insert appropriate amount of reduction] for the fiscal year
and each outyear.''. Section 306 shall not apply to any bill
or joint resolution because of such statement. This
adjustment shall be reflected in reports under sections
254(f) and 254(g) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
The CHAIRMAN pro tempore. Pursuant to House Resolution 499, the
gentleman from Wisconsin (Mr. Ryan) and the gentleman from South
Carolina (Mr. Spratt) each will control 5 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr. Ryan).
Mr. RYAN of Wisconsin. Mr. Chairman, I yield myself such time as I
may consume. I will be very brief in the summary of this amendment.
This amendment has been here before. In fact, 321 Members of this body
have at one time or another in this or past Congresses either
cosponsored or voted for this amendment; 42 Members of the Committee on
Appropriations today have either voted for or cosponsored this
amendment.
This amendment is commonly referred to as the discretionary lockbox.
It simply says this. If you are a Member of Congress and you come to
the floor of Congress with an amendment to reduce or cut spending, that
money will go toward debt reduction. What it says is that money will go
toward debt reduction unless you choose to designate that money to go
toward other parts of spending. But today under current law, we have
this crazy budget system under which if you go to the floor of
Congress, pass an amendment to cut or eliminate spending, save some
taxpayer dollars, that program may not be authorized or appropriated
but the money you save by law will have to be respent at another part
of the Federal Government. That is part of the crazy budget laws we
live under today.
Simply put, this amendment says if you want to pass an amendment to
cut out some pork barrel spending, to cut some wasteful spending, that
money will go toward paying down the national debt rather than being
plowed into spending in another form of the Federal Government.
Mr. Chairman, I reserve the balance of my time.
Mr. SPRATT. Mr. Chairman, I yield myself such time as I may consume.
It is true that this has been voted upon before. We were desperate
for solutions and so this was one of the jerry-rigged solutions that we
came up with. It has been through committee. It has been on the floor.
Let me tell my colleagues what is wrong with it.
{time} 1900
We can have a cut here on the House floor or in committee of a
particular program that is unpopular amongst Members here in the House.
They can have a cut in the Senate of the same amount, or roughly the
same amount, of a totally different program. When you then go to
conference, there is no coming together on the cut that has been made.
The House has decided to cut one thing that is not popular here, the
Senate has decided to cut another thing that is not popular there.
The amount is roughly the same, so both Houses have interests in
their so-called lockbox accounts that have to be reconciled, but there
is no reconciliation on the item to be cut, how that number is to be
achieved. They may be at total loggerheads over that particular issue.
That is one of the problems with it.
Secondly, you can cut something that is one time, nonrecurring, that
would not have any really future prospect of spendout, but
nevertheless, it has future consequences for the budget, because, if I
understand the gentleman's amendment correctly, once you achieve that
cut here on the House floor, if you specify that the cut will be
charged to the lockbox account, then you have to reduce 302(a) and (b),
and then, having done that, discretionary spending has been reduced
overall, the discretionary spending ceiling is not only lowered for
that year, but successive years so long as it remains in effect. Even
though if this could have been a one-time nonrecurring item, something
that did not have future consequences, it could and will have
consequences for the budget.
For all of these reasons, this lockbox idea is an idea whose time has
come and passed. We do not need it now. There is no reason to
complicate the process with it. I strongly recommend that we do not
approve it tonight.
Mr. RYAN of Wisconsin. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I would like to respond to those two concerns by the
gentleman from South Carolina (Mr. Spratt), who voted for this lockbox
amendment in prior Congresses. We have changed it a little bit since
the last time the gentleman from South Carolina (Mr. Spratt) voted for
it.
Number one, the conference report must pass for the savings to be
realized. We lower the 302(a) after the conference report with the
House and the Senate passes.
Number two, it is a 1 year time savings. It happens in the first
year. It does not change the 5-year budget resolution window. So I
think those are very good points the gentleman has raised. We have
taken care of those concerns in this amendment. The gentleman voted for
it once before, and I hope he will do so again.
Mr. Chairman, I yield 1 minute to the gentleman from Pennsylvania
(Mr. Toomey).
Mr. TOOMEY. Mr. Chairman, I rise in support of this amendment. It is
really very simple. What this amendment is all about, as it says, is if
Congress passes an amendment designed, intended, and it passes, to save
taxpayer money, then it should do just that. It should not be spent
somewhere else.
The Ryan amendment, frankly, is a reasonable and sensible compromise
on how that happens. It says any money that is saved through an
amendment to an appropriation bill is not going to be used for a tax
cut and it cannot be used for additional spending. It simply will be
used for debt reduction.
Now, some may point out, well, you know, if nothing else happens,
eventually this money automatically will go for debt reduction. But,
keep in mind, that is only if it is not spent first on a subsequent
bill. I think experience shows that it is very hard for this Chamber
and it is very hard for the other Chamber to resist the temptation of
spending money that is sitting on the table.
What the Ryan amendment does is it says when this Chamber expresses
its will by reducing the spending level, let us make that happen. Take
the money off the table. This is a very modest modicum of fiscal
discipline, and I urge my colleagues to support this amendment.
Mr. RYAN of Wisconsin. Mr. Chairman, I yield such time as he may
consume to the gentleman from Texas (Mr. Bentsen).
Mr. BENTSEN. Mr. Chairman, I am starting a new practice in the House,
and also an old practice in the House.
The question I have, and the staff has explained this to me, if an
amendment passed, say, to the defense appropriations bill, I will give
an example, which, say, cuts the D-5 missile program for $10 billion in
the House, and then it passes in the Senate for $5 billion, then you
take the average of $7.5 billion and reduce the overall discretionary
spending by $7.5 billion, could the committee still then fully fund the
D-5 missile and just take it out of somewhere else so Members would
think they are voting for one thing but get something else in return?
Mr. RYAN of Wisconsin. Mr. Chairman, if the gentleman will yield,
first of all, that would be something that would be operated under a
conference report agreement. If one side does one policy and the other
does not, that could be changed in conference.
As to the issue of the allocation, not the appropriation of a
particular program, the allocation would be changed after the
conference report is passed.
Mr. SPRATT. Mr. Chairman, I yield 1 minute to the gentleman from
Texas (Mr. Bentsen).
Mr. BENTSEN. Mr. Chairman, the question though is this: The Members
[[Page H3143]]
on the floor of the House would be voting to cut a specific program
that they think is going in a lockbox, and the members of the other
body would be voting to cut a specific program. But then the members of
the Committee on Appropriations could actually go back and fund that
program, but we would get credited.
I know it would come to a great shock to everybody that that might
happen, that the members of the committee and conference might not
follow the will of the House or the other body, but it seems like we
are sort of giving a blanket approach to a lockbox, just stick whatever
program on there nobody likes, and then we will do that, and then we
will cut it and take it out of somewhere else.
Mr. RYAN of Wisconsin. Mr. Chairman, will the gentleman yield?
Mr. BENTSEN. I yield to the gentleman from Wisconsin.
Mr. RYAN of Wisconsin. Mr. Chairman, we cannot control what happens
in a conference report. We cannot control from this Chamber or from the
other Chamber what they do in conference reports. So this amendment
does not try to control that, it simply tries to capture the savings
from successful appropriations amendments to be used for debt
reduction. You cannot control the level.
Mr. BENTSEN. Mr. Chairman, reclaiming my time, my only concern is it
would be something people would say we are going to vote against a
program we do not like, but we will take it out of a program we like.
Mr. SPRATT. Mr. Chairman, I yield back the balance of my time.
Mr. RYAN of Wisconsin. Mr. Chairman, I yield myself the balance of my
time.
The CHAIRMAN. The gentleman from Wisconsin is recognized for 1
minute.
Mr. RYAN of Wisconsin. Mr. Chairman, this is a very, very
straightforward amendment. All this amendment does is it simply says
that if you are a Member of Congress and you want to reduce spending,
you want to go after a wasteful program, that means you can then use
that money to pay off national debt.
We have some weird laws in this body. I am a new Member of Congress
and I am becoming acquainted with these. But one of the weirdest laws
that we have here in this body is that if you eliminate or reduce
spending in the appropriations process, that money is spent somewhere
else in the Federal Government. It cannot go toward paying down our
National debt.
All this amendment does, an amendment supported by the National
Taxpayers Union, an amendment supported by the Citizens Against
Government Waste, all this amendment says is that if you successfully
pass an amendment to save money, that that money will go toward paying
down the National debt, unless you designate it to go to another
account or another spending program within the Federal Government. It
is good fiscal discipline, it is bipartisan. I am pleased to have as my
cosponsors the gentleman from Minnesota (Mr. Minge) and the gentleman
from New Jersey (Mr. Andrews). I am pleased that 321 Members of this
House have already voted for or cosponsored this bill.
I ask Members to be consistent. I ask Members to vote for this
amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Ryan).
The amendment was agreed to.
Mr. SPRATT. Mr. Chairman, I ask unanimous consent to withdraw my
request for a recorded voted on Ryan amendment No. 7.
The CHAIRMAN. Does any other Member ask for a recorded vote?
Parliamentary Inquiry
Mr. NUSSLE. Mr. Chairman, I have a parliamentary inquiry.
The CHAIRMAN. The gentleman will state it.
Mr. NUSSLE. Mr. Chairman, on the amendment that the gentleman from
South Carolina was requesting unanimous consent regarding, what was the
determination of the Chair?
The CHAIRMAN. The result on the previous amendment was ``aye'' by a
voice vote.
The Chair would make an inquiry of the gentleman from South Carolina.
The amendment just concluded was Ryan No. 7. I understand the
gentleman's unanimous consent request to be with regard to which
amendment?
Mr. SPRATT. It was Ryan No. 7, according to mine. It is Ryan No. 6,
the pay-go amendment.
The CHAIRMAN. The gentleman's request concerns the previous
amendment, Ryan No. 6, on which the gentleman from South Carolina asked
for a recorded vote. He is now seeking unanimous consent to withdraw
his request for a recorded vote.
Mr. RYAN of Wisconsin. Are you talking about the pay-go amendment?
The CHAIRMAN. Yes. Without objection, the request for a recorded vote
entered by the gentleman from South Carolina is withdrawn. Does any
other Member seek a recorded vote on Ryan No. 6?
If not, that amendment is adopted.
Sequential Votes Postponed in Committee of the Whole
The CHAIRMAN. Pursuant to House Resolution 499, proceedings will now
resume on those amendments on which further proceedings were postponed
in the following order:
Amendment No. 2 offered by Mr. Gekas of Pennsylvania; and,
Amendment No. 4 offered by Ms. Jackson-Lee of Texas.
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.
Amendment No. 2 Offered by Mr. Gekas
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Pennsylvania (Mr. Gekas)
on which further proceedings were postponed and on which the noes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 173,
noes 236, not voting 25, as follows:
[Roll No. 187]
AYES--173
Aderholt
Archer
Armey
Bachus
Ballenger
Barr
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Blunt
Boehlert
Bono
Brady (TX)
Bryant
Burr
Burton
Buyer
Camp
Canady
Cannon
Castle
Chabot
Chambliss
Coble
Coburn
Combest
Cook
Cox
Crane
Cubin
Cunningham
Davis (VA)
Deal
DeMint
Diaz-Balart
Doggett
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Everett
Ewing
Fletcher
Foley
Forbes
Fossella
Fowler
Franks (NJ)
Gallegly
Gekas
Gillmor
Goode
Goodlatte
Goodling
Goss
Graham
Green (WI)
Greenwood
Gutknecht
Hall (OH)
Hansen
Hastings (WA)
Hayworth
Hefley
Herger
Hill (MT)
Hilleary
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hutchinson
Hyde
Isakson
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones (NC)
Kasich
Kelly
King (NY)
Kingston
Kleczka
LaHood
LaTourette
Lazio
Leach
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
McHugh
McInnis
McKeon
Metcalf
Mica
Miller (FL)
Miller, Gary
Minge
Moran (KS)
Morella
Myrick
Nethercutt
Ney
Norwood
Nussle
Pease
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Porter
Quinn
Radanovich
Ramstad
Reynolds
Riley
Rogan
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sanford
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Shimkus
Shows
Shuster
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Stump
Sununu
Sweeney
Talent
Tancredo
Tauzin
Taylor (MS)
Terry
Thomas
Thune
Toomey
Vitter
Walden
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wynn
Young (AK)
NOES--236
Abercrombie
Allen
Andrews
Baca
Baird
Baldacci
Baldwin
Barcia
Barrett (NE)
Becerra
Bentsen
Berkley
Berman
Berry
Biggert
Bishop
Blagojevich
Blumenauer
Boehner
Bonilla
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Callahan
Calvert
Capps
Capuano
Cardin
Carson
Chenoweth-Hage
Clay
Clayton
Clement
Clyburn
Collins
Condit
Conyers
Cooksey
Costello
Coyne
Cramer
Crowley
Cummings
[[Page H3144]]
Danner
Davis (FL)
Davis (IL)
DeFazio
DeGette
DeLauro
DeLay
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Doyle
Edwards
Emerson
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Frelinghuysen
Frost
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Granger
Green (TX)
Gutierrez
Hall (TX)
Hastings (FL)
Hayes
Hill (IN)
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Holden
Holt
Hooley
Hoyer
Hunter
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind (WI)
Klink
Knollenberg
Kolbe
Kucinich
Kuykendall
LaFalce
Lampson
Lantos
Larson
Latham
Lee
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lofgren
Lucas (KY)
Luther
Maloney (CT)
Manzullo
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McIntyre
McKinney
Meehan
Meek (FL)
Menendez
Millender-McDonald
Miller, George
Mink
Moakley
Mollohan
Moore
Moran (VA)
Murtha
Napolitano
Neal
Northup
Oberstar
Obey
Olver
Ortiz
Ose
Packard
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Peterson (MN)
Phelps
Pickett
Pomeroy
Portman
Price (NC)
Pryce (OH)
Rahall
Regula
Reyes
Rivers
Rodriguez
Roemer
Rogers
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Schakowsky
Scott
Sherman
Sherwood
Sisisky
Skeen
Skelton
Smith (WA)
Snyder
Spence
Spratt
Stabenow
Stark
Stenholm
Strickland
Tanner
Tauscher
Taylor (NC)
Thompson (CA)
Thompson (MS)
Thornberry
Thurman
Tiahrt
Tierney
Towns
Traficant
Turner
Udall (CO)
Upton
Velazquez
Vento
Visclosky
Walsh
Wamp
Waters
Watkins
Watt (NC)
Watts (OK)
Waxman
Weiner
Wexler
Weygand
Wise
Wolf
Woolsey
Wu
Young (FL)
NOT VOTING--25
Ackerman
Baker
Barrett (WI)
Bliley
Campbell
Delahunt
Engel
Ganske
Largent
Lowey
Maloney (NY)
Martinez
McCollum
McCrery
McIntosh
McNulty
Meeks (NY)
Nadler
Owens
Oxley
Rangel
Serrano
Slaughter
Stupak
Udall (NM)
{time} 1932
Mr. LEWIS of Georgia and Mr. HUNTER changed their vote from ``aye''
to ``no.''
Mrs. MORELLA and Messrs. SMITH of Michigan, PETERSON of Pennsylvania,
REYNOLDS, and DOGGETT changed their vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Announcement by the Chairman
The CHAIRMAN. Pursuant to House Resolution 499, the Chair announces
that he will reduce to a minimum of 5 minutes the time within which a
vote by electronic device will be taken on each amendment on which the
Chair has postponed further proceedings.
Amendment No. 4 Offered by Ms. Jackson-Lee of Texas
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentlewoman from Texas (Ms. Jackson-
Lee) on which further proceedings were postponed and on which the noes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 188,
noes 225, not voting 21, as follows:
[Roll No. 188]
AYES--188
Abercrombie
Allen
Andrews
Baca
Baird
Baldacci
Baldwin
Barcia
Barrett (NE)
Barrett (WI)
Becerra
Bentsen
Berkley
Berman
Berry
Bilbray
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Carson
Clay
Clayton
Clement
Clyburn
Conyers
Costello
Coyne
Cramer
Crowley
Cummings
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Ehlers
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Forbes
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hastings (FL)
Hill (IN)
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Hooley
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (CT)
Johnson, E. B.
Jones (OH)
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Lantos
Larson
Lee
Levin
Lewis (GA)
Linder
Lipinski
Lofgren
Lucas (KY)
Maloney (CT)
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McIntyre
McKinney
Meehan
Meek (FL)
Menendez
Millender-McDonald
Miller, George
Mink
Moakley
Moore
Moran (VA)
Napolitano
Neal
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Phelps
Pomeroy
Price (NC)
Rahall
Reyes
Rodriguez
Roemer
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Scott
Sherman
Simpson
Sisisky
Skelton
Slaughter
Smith (WA)
Snyder
Spratt
Stabenow
Stark
Strickland
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Turner
Udall (CO)
Velazquez
Vento
Waters
Watt (NC)
Waxman
Weiner
Wexler
Weygand
Wise
Woolsey
Wu
Wynn
NOES--225
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barr
Bartlett
Barton
Bass
Bateman
Bereuter
Biggert
Bilirakis
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Cardin
Castle
Chabot
Chambliss
Chenoweth-Hage
Coble
Coburn
Collins
Combest
Condit
Cook
Cooksey
Cox
Crane
Cubin
Cunningham
Danner
Davis (VA)
Deal
DeLay
DeMint
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehrlich
Emerson
English
Everett
Ewing
Fletcher
Foley
Fossella
Fowler
Franks (NJ)
Frelinghuysen
Gallegly
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Goss
Graham
Granger
Green (WI)
Greenwood
Gutknecht
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (MT)
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Istook
Jenkins
Johnson, Sam
Jones (NC)
Kanjorski
Kasich
Kelly
King (NY)
Kingston
Knollenberg
Kolbe
Kuykendall
LaHood
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
LoBiondo
Lucas (OK)
Luther
Manzullo
McCrery
McHugh
McInnis
McKeon
Metcalf
Mica
Miller (FL)
Miller, Gary
Minge
Mollohan
Moran (KS)
Morella
Murtha
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Ose
Oxley
Packard
Pease
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pickett
Pitts
Pombo
Porter
Portman
Pryce (OH)
Quinn
Radanovich
Ramstad
Regula
Reynolds
Rivers
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sanford
Saxton
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shows
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Stearns
Stenholm
Stump
Sununu
Sweeney
Talent
Tancredo
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Toomey
Traficant
Upton
Visclosky
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
NOT VOTING--21
Ackerman
Bliley
Campbell
Engel
Ganske
Kaptur
Largent
Lowey
Maloney (NY)
Martinez
McCollum
McIntosh
McNulty
Meeks (NY)
Nadler
Owens
Rangel
Riley
Serrano
Stupak
Udall (NM)
{time} 1941
Mr. LUTHER changed his vote from ``aye'' to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
The CHAIRMAN. The question is on the amendment in the nature of a
substitute, as amended.
[[Page H3145]]
The amendment in the nature of a substitute, as amended, was agreed
to.
The CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
LaHood) having assumed the chair, Mr. LaTourette, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 853) to
amend the Congressional Budget Act of 1974 to provide for joint
resolutions on the budget, reserve funds for emergency spending,
strengthened enforcement of budgetary decisions, increased
accountability for Federal spending, accrual budgeting for Federal
insurance programs, mitigation of the bias in the budget process toward
higher spending, modifications in paygo requirements when there is an
on-budget surplus, and for other purposes, pursuant to House Resolution
499, he reported the bill back to the House with an amendment adopted
by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the amendment in the
nature of a substitute adopted by the Committee of the Whole? If not,
the question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. NUSSLE. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 166,
noes 250, not voting 18, as follows:
[Roll No. 189]
AYES--166
Aderholt
Archer
Armey
Baker
Ballenger
Barr
Bartlett
Barton
Bass
Bilbray
Blunt
Bono
Brady (TX)
Bryant
Burr
Burton
Buyer
Camp
Canady
Cannon
Cardin
Castle
Chabot
Chambliss
Coble
Coburn
Collins
Combest
Condit
Cooksey
Cox
Crane
Davis (VA)
Deal
DeFazio
DeLay
DeMint
Diaz-Balart
Doggett
Dreier
Dunn
Ehrlich
English
Ewing
Fletcher
Foley
Fossella
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Goode
Goodlatte
Goodling
Goss
Graham
Green (WI)
Greenwood
Gutknecht
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (MT)
Hilleary
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hutchinson
Inslee
Isakson
Jenkins
Johnson (CT)
Johnson, Sam
Jones (NC)
Kasich
Kingston
LaHood
Latham
Lazio
Leach
Linder
LoBiondo
Lucas (KY)
Lucas (OK)
Luther
Manzullo
McCrery
McHugh
McInnis
McKeon
Meehan
Metcalf
Mica
Miller, Gary
Minge
Moran (KS)
Myrick
Nethercutt
Norwood
Nussle
Oxley
Pease
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Portman
Pryce (OH)
Radanovich
Ramstad
Reynolds
Rogan
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sanford
Saxton
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Shimkus
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Stearns
Stenholm
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauzin
Terry
Thomas
Thornberry
Thune
Toomey
Upton
Vitter
Walden
Wamp
Watts (OK)
Weldon (FL)
Weller
Whitfield
Wilson
NOES--250
Abercrombie
Allen
Andrews
Baca
Bachus
Baird
Baldacci
Baldwin
Barcia
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Blumenauer
Boehlert
Boehner
Bonilla
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Callahan
Calvert
Capps
Capuano
Carson
Chenoweth-Hage
Clay
Clayton
Clement
Clyburn
Conyers
Cook
Costello
Coyne
Cramer
Crowley
Cubin
Cummings
Cunningham
Danner
Davis (FL)
Davis (IL)
DeGette
Delahunt
DeLauro
Deutsch
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Doyle
Duncan
Edwards
Ehlers
Emerson
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Filner
Forbes
Ford
Fowler
Frank (MA)
Frost
Gejdenson
Gephardt
Gillmor
Gilman
Gonzalez
Gordon
Granger
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hastings (FL)
Hill (IN)
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Holden
Holt
Hooley
Hoyer
Hunter
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kleczka
Klink
Knollenberg
Kolbe
Kucinich
Kuykendall
LaFalce
Lampson
Lantos
Larson
LaTourette
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
Lofgren
Maloney (CT)
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McIntyre
McKinney
Meek (FL)
Menendez
Millender-McDonald
Miller (FL)
Miller, George
Mink
Moakley
Mollohan
Moore
Moran (VA)
Morella
Murtha
Napolitano
Neal
Ney
Northup
Oberstar
Obey
Olver
Ortiz
Ose
Packard
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Peterson (MN)
Phelps
Pickett
Pomeroy
Porter
Price (NC)
Quinn
Rahall
Regula
Reyes
Riley
Rivers
Rodriguez
Roemer
Rogers
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Scott
Sherman
Sherwood
Shows
Shuster
Sisisky
Skeen
Skelton
Slaughter
Snyder
Spence
Spratt
Stabenow
Stark
Strickland
Stump
Tauscher
Taylor (MS)
Taylor (NC)
Thompson (CA)
Thompson (MS)
Thurman
Tiahrt
Tierney
Towns
Traficant
Turner
Udall (CO)
Velazquez
Vento
Visclosky
Walsh
Waters
Watkins
Watt (NC)
Waxman
Weiner
Weldon (PA)
Wexler
Weygand
Wicker
Wise
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NOT VOTING--18
Ackerman
Bliley
Campbell
Engel
Largent
Lowey
Maloney (NY)
Martinez
McCollum
McIntosh
McNulty
Meeks (NY)
Nadler
Owens
Rangel
Serrano
Stupak
Udall (NM)
{time} 2000
So the bill was not passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________