August 4, 1977
Page 26709
JOINT REFERRAL OF LEGISLATION AFFECTING THE BUDGET PROCESS
Mr. MUSKIE. Mr. President, I send a unanimous consent request to the desk.
Mr. President, I ask unanimous consent that legislation affecting the congressional budget process, as described below, be referred jointly to the Committees on the Budget and on Governmental Affairs. If one committee acts to report a jointly referred measure, the other must act within 30 calendar days of continuous possession, or be automatically discharged.
Legislative proposals affecting the congressional budget process to which this order applies are:
First. The functions, duties, and powers of the Budget Committee — as described in title I of the act;
Second. The functions, duties, and powers of the Congressional Budget Office — as described in title II and IV of the act);
Third. The process by which Congress annually establishes the appropriate levels of budget authority, outlays, revenues, deficits or surpluses, and public debt — including subdivisions thereof. That process includes the establishment of: mandatory ceilings on spending and appropriations; a floor on revenues; timetables for congressional action on concurrent resolutions, on the reporting of authorization bills, and on the enactment of appropriation bills; and enforcement mechanisms for the limits and timetables, all as described in titles III and IV of the act.
Fourth. The limiting of backdoor spending device — as described in title IV of the act;
Fifth. The timetables for Presidential submission of appropriations and authorization requests — as described in title VI of the act;
Sixth. The definitions of what constitutes impoundment such as "rescissions" and "deferrals," as provided in the Impoundment Control, Act, title X;
Seventh. The process and determination by which impoundments must be reported to and considered by Congress — as provided in the Impoundment Control Act, title X;
Eighth. The mechanisms to insure Executive compliance with the provisions of the Impoundment Control Act, title X — such as GAO review and lawsuits; and
Ninth. The provisions which affect the content or determination of amounts included in or excluded from the congressional budget or the calculation of such amounts, including the definition of terms provided by the Budget Act — as set forth in title I thereof.
This consent agreement has been worked out carefully by Senator RIBICOFF, who is chairman of the Government Affairs Committee, by Senator PERCY, who is ranking Republican, by myself as chairman of the Committee on the Budget, and by Senator BELLMON as ranking member of the Budget Committee. The attempt is to divide between the two committees those legislative proposals which made an impact on the budget process without denigrating the Committee on Government Affairs general jurisdiction over such budgetary matters. It has been cleared by both committees. It has been examined by the majority leader. I ask for its approval.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. MUSKIE. Mr. President, as chairman of the Senate Budget Committee, I express my appreciation to the distinguished majority leader for his cooperation in the formulation of this unanimous consent agreement with respect to joint referral to the Budget Committee and the Committee on Governmental Affairs of legislative matters affecting the congressional budget process. The distinguished chairman of the Governmental Affairs Committee, Senator RIBICOFF, and his ranking minority member, Senator PERCY, have worked closely with me and Senator BELLMON, the ranking minority member of the Budget Committee, to reach agreement on an appropriate referral of legislation that affects the congressional budget process.
Under these circumstances, we have agreed that legislative proposals to revise the congressional budget process could best be referred to our two committees jointly, with the proviso that if one committee orders the bill reported, the other must report within 30 calendar days of continuous session or be automatically discharged.
The subjects to which we wish joint referral to apply are:
First. The functions, duties, and powers of the Budget Committee — described in title I of the act.
Second. The functions, duties, and powers of the Congressional Budget Office — as described in title II and IV of the act.
Third. The process by which Congress annually establishes the appropriate levels of budget authority, outlays, revenues, deficits or surpluses, and public debt — including subdivisions thereof. That process includes the establishment of: mandatory ceilings on spending and appropriations; a floor on revenues; timetables for congressional action on concurrent resolutions, on the reporting of authorization bills, and on the enactment of appropriation bills; and enforcement mechanisms for the limits and timetables. All as described in title III and IV of the act.
Fourth. The limiting of backdoor spending devices — as described in title IV of the act.
Fifth. The timetables for Presidential submission of appropriation and authorization requests — as described in title VI of the act.
Sixth. The definitions of what constitutes impoundment — such as "rescissions" and "deferral," as provided in the Impoundment Control Act, title X.
Seventh. The process and determination by which impoundments must be reported to and considered by Congress — as provided in the Impoundment Control Act, title X.
Eighth. The mechanisms to insure Executive compliance with the provisions ofthe Impoundment Control Act, title X — such as GAO review and lawsuits, and
Ninth. The provisions which affect the content or the determination of amounts included in or excluded from the Congressional Budget or the calculation of such amounts, including the definition of terms provided by the Budget Act — as set forth in title I thereof.
We have consulted with the distinguished majority leader and minority leader on the appropriate form for the joint referral. At this time, I express my appreciation to the leadership on both sides of the aisle for their cooperation in this matter.
We have agreed that legislation affecting the congressional budget process as described above shall be referred jointly to the Committees on the Budget and Governmental Affairs, whereupon if one committee acts to report a measure, the other must act within 30 days of continuous session or be automatically discharged.
Mr. President, I believe that this joint referral will expedite the handling of these legislative matters by both the Budget Committee and the Governmental Affairs Committee.
Mr. ROBERT C. BYRD. Let me ask the chairman of the Budget Committee for clarification on this matter. Is it his understanding that the joint referral order covers all matters with respect to impoundment?
Mr. MUSKIE. The distinguished majority leader raises an important point. As a cosponsor and floor manager of the Budget and Impoundment Control Act of 1974, the Senator from West Virginia is keenly aware that Congress adopted title X of the act to establish a structure for decision making on impoundment matters. The procedures are spelled out in the provisions of title X. It is revisions or amendments of title X to which this order is addressed.
Mr. ROBERT C. BYRD. Does the Senator understand this order to include legislative matters which address the constitutional dimensions of impoundments?'
Mr. MUSKIE. I recognize that the distinguished Senator from West Virginia, as a member of the Judiciary Committee, has a continuing interest in the separation of powers doctrine. Let me assure the Senator that this order in no way detracts from the jurisdiction of the Judiciary Committee of constitutional matters which may arise with respect to the relationship between the role of the executive and the legislature on impoundment matters. This order simply seeks to recognize the joint interest of the Budget Committee and the Committee on Governmental Affairs in orderly development of any revisions to the congressional budget process.