October 2, 1979
Page 27043
BUDGET ACT WAIVER
The ACTING PRESIDENT pro tempore. Under the previous order, the Senate will now proceed to the consideration of Senate Resolution 244, which the clerk will state.
The`legislative clerk read as follows:
A resolution (S. Res. 244) waiving section 402(a) of the Congressional Budget Act of 1974 with respect to the consideration of S. 1308.
The Senate proceeded to consider the resolution.
The ACTING PRESIDENT pro tempore. Time on this resolution is limited to 1 hour, to be equally divided and controlled between the majority leader and the minority leader or their designees, with 20 minutes on any debatable motion or appeal.
Who yields time?
Mr. PROXMIRE. Mr. President, I suggest the absence of a quorum and ask unanimous consent it not be charged to either side.
The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. The clerk will call the roll.
The second assistant legislative clerk proceeded to call the roll.
Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so ordered.
The PRESIDING OFFICER (Mr. LEVIN). Who yields time?
Mr. MUSKIE. Mr. President, what is the parliamentary situation?
The PRESIDING OFFICER. Senate Resolution 244 is the pending business.
Mr. MUSKIE. Mr. President, I ask unanimous consent that Charlene Sturbitts and Karl Braithwaite, of my staff, have the privilege of the floor during the consideration of S. 1308 and Senate Resolution 244.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. RIBICOFF. Mr. President, I ask unanimous consent that the following staff members of the Committee on Governmental Affairs have the privilege of the floor during the debate and votes on S. 1308: Richard A. Wegman, Claude Barfield, Paul Rosenthal, Dave Nichols, Ellen Miller, and Paul Hoff.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. RANDOLPH. Mr. President, I ask unanimous consent that the following members of the staff of the Committee on Environment and Public Works have theprivilege of the floor during the consideration of and votes on S. 1308 and the matter related thereto: Phil Cummings, Rick Fenton, Phil McGance, Jacqueline Schafer, Vic Maerki, Bailey Guard, Dennis Stickley, John Yago, Mimi Feller, Tom Altmeyer.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DOMENICI. Mr. President, I ask unanimous consent that the following staff members have the privilege of the floor during the consideration of and votes on S. 1308: Paul Gilman, Steve Hickok, Chuck Trabandt, Dave Swanson,Steve Crow, Howard Useem, Dave Russell, Gary Barbour, Carol Garnett, CindyCalfee, Suzanne Whitehurst, and Trudy Transtrum.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MUSKIE. Mr. President, I wish toadvise the Senate that a majority of the Budget Committee, moving on a "fast-track" to give expedited consideration to this matter, has voted to recommend favorable Senate action on Senate Resolution 244, a resolution to waive section 402(a) of the Budget Act with respect to consideration of S. 1308, the Energy Mobilization Board authorization bill.
Mr. President, I regret that I could not be here yesterday during the discussion of this matter, but I was in Boston to greet His Holiness John Paul II on his historic arrival in the United States
Mr. President, let me express my thanks to the senior Senator from Colorado, Mr. HART, the distinguished floor managers on the bill, Senators JACKSON and DOMENICI, and the distinguished majority and minority leaders Senator BYRD and Senator BAKER for their cooperation in developing the unanimous consent order to provide for the orderly consideration of this budget waiver.
A waiver is necessary because S. 1308 authorizes $2 million in new budget authority for fiscal year 1980 and the bill was reported after May 15, 1979, the statutory reporting deadline.
In favorably reporting on Senate Resolution 244, as is the case with every favorable waiver recommendation, the budget committee is recommending that the Senate proceed to the consideration of this high priority energy legislation but is not prejudging the merits of the bill.
Mr. President, some Senators have suggested that the budget process is being used to delay consideration of this important legislation. Let me assure every Member of this body that in this instance as in every instance to date in the 96th Congress and since the beginning of the budget process in 1975, the Budget Committee and its staff have worked closely with the majority leader, the policy committee staffs of both sides and the standing committees of the Senate to assure that compliance with the Budget Act is not a road block to Senate floor deliberations.
Mr. President, for the benefit of all Senators, let me review the sequence of events with respect to this waiver resolution. S. 1308, the Energy Mobilization Board authorization bill, was filed last Tuesday, September 25. The waiver resolution was not filed until Wednesday, the 26th. The CBO cost estimate for fiscal years 1981 to 1984 was not available until late Wednesday evening. The report on the bill did not become available to Senators or our committee from either the Senate documents room or the Energy Committee until Thursday, the 27th. The Budget Committee staff then prepared an explanatory memorandum for the committee, and I authorized a poll of the committee on this matter on Friday, with a return for the poll at 6 p.m. Monday. The waiver resolution was filed last night.
Since the printed report on S. 1308 was not available until Thursday, September 27, and no Saturday session was then anticipated, the 3-day period required under the rules to precede consideration of this bill was not expected to expire until Tuesday, October 2, today. So we expected, and have obtained, approval of the waiver before the bill was thought likely to be eligible for consideration on its own merits under the 3-day rule. I believe that this expedited treatment is consistent with the Budget Committee commitment to cooperate with the leadership on timely consideration of budget waivers.
BUDGET COMMITTEE CONSIDERATIONS
As Senators are aware, section 402(a) of the Congressional Budget Act of 1974 provides that it shall not be in order in either the House or the Senate to consider any bill or resolution which directly or indirectly authorizes the enactment of new budget authority for a fiscal year unless the bill or resolution was reported in the House or the Senate, as the case may be, on or before May 15, preceding the beginning of such fiscal year.
Mr. President, S. 1308 authorizes appropriations of $2 million in fiscal year 1980 for the Energy Mobilization Board. This authorization level is projected to increase to approximately $13 million by fiscal year 1984. Since the bill was reported after May 15, 1979, a resolution waiving section 402(a) of the Budget Act must be adopted before the Senate can proceed with consideration of this bill.
Mr. President, section 402 was included in the Budget Act to provide an orderly relationship between authorizations and appropriations bills. The May 15 deadline was instituted to avoid authorizations being brought to the Senate floor after the appropriations process was already in full swing. Section 402 provides a waiver procedure to allow the Budget Committee to review the circumstances surrounding late reported authorizations and to make recommendations to the full Senate on whether the situation warrants waiver of the May 15 deadline.
Mr. President, in this case, the Budget Committee has recommended favorable action on the waiver resolution because the need for Energy Mobilization Board legislation could not have been anticipated by the Energy Committee prior to the May 15 reporting deadline.
This bill was a component of the President's Energy message of July 15 and the subsequent energy package that addressed the national need to lessen U.S. dependency on imported oil. Indeed, the depth of the problem did not become evident until the impact of the latest round of OPEC prices on summer gas lines and escalating energy costs heightened public and congressional demands for mobilization of domestic production.
Moreover, the authorization levels in this bill are consistent with the energy ceiling in the second budget resolution as passed by both Houses.
In general, the authorizing committees have been cooperative and supportive of the budget process. On several occasions, the committees have reported waivers in order to allow the Senate to take up a bill reported with a late authorization so that an amendment could be introduced to change the authorizing date to comply with the Budget Act.
The Budget Committee has worked closely with the majority leader, the policy committees, and the authorizing committees to avoid any delay, and in this case we have done so. As a key author and supporter of the budget process, the distinguished majority leader is keenly aware of the need to enforce the discipline and orderly procedures set out in the Budget Act. I deeply value his cooperation with respect to these matters.
Mr. President, the Budget Committee recognizes that energy legislation will be a high priority for the Senate during the next several months and will continue to work closely with the Senate leadership and the authorizing committees to assure timely consideration of budget issues.
Unless there are other comments on the waiver resolution, and I take it that there are not, I yield back such time as is allotted for the consideration of this resolution under the Budget Act.
Mr. JACKSON. Mr. President, I thank the senior Senator from Maine for his cooperation in this matter. I do not think there is any need for debate or discussion.
I yield back whatever time I have, and we can vote.
Mr. DOMENICI. Mr. President, will the Senator yield?
Mr. MUSKIE. I yield.
Mr. DOMENICI. Mr. President, on behalf of myself and Senator BELLMON, as members of the Budget Committee, I say to our chairman that we appreciate expediting the matter. We are sorry if there was any misunderstanding. Many of us on the Energy Committee did not believe this required a waiver because no money is provided. Only after scrutiny by CBO did they assume and advise us that it might be $2 million.
Mr. President, I support Senate Resolution 244, the budget waiver for the Priority Energy Project Act, S. 1308. S. 1308 establishes the Energy Mobilization Board, grants the Board authority to expedite priority energy projects, and establishes expedited judicial review for the temporary emergency court of appeals. The bill authorizes "such sums as are necessary" for the Board's administrative operations and for the expended judicial activities placed in the temporary emergency court of appeals (TECA).
The fiscal year 1980 budget impacts of the Board and TECA would undoubtedly be very small, even if the bill is enacted into law this session. CBO, in a cost estimate the committee did not receive until after filing the report, estimates that the fiscal year 1980 costs will approximate $2 million. Our own view is that it is highly unlikely that the Board and TECA could obligate anywhere near that amount in this fiscal year.
Even if the Board and TECA could obligate $2 million, Mr. President, that should be no reason to hold this bill off the floor; $2 million simply is not the level of impact which should require any controversy under the Budget Act. Additionally, the Energy Mobilization Board is the centerpiece of the President's energy package and the omnibus energy legislation under consideration in both Houses. The country is well aware of the critical importance attached to cutting bureaucratic red tape stopping domestic energy production. To delay this bill any further for purposes of the Budget Act would be unwise and probably unreasonable, in light of the extreme national interest attached to this bill.
I, therefore, urge the passage of the budget waiver resolution.
Mr. MUSKIE. Mr. President, I am ready for a vote on the resolution.
The PRESIDING OFFICER. The question is on agreeing to the resolution.
The resolution was agreed to.