the establishment of major expenditure categories, the establish-
ment of performance indicators to be used to define the measure
of outputs and of product services, the results of such expenditures,
to establish performance standards and goals, to define the meas-
ure of specific service or product to be achieved or produced in that
expenditure; and then compare actual program results with origi-
nal performance standards and goals to determine the effectiveness
and efficiency of that particular program.
By December 31 of each year, each department or agency head
would submit a report to the President and Congress on program
performance for the previous year. The Office of Management and
Budget would also be required to prepare a plan and report, as out-
lined above, for all tax expenditures at an annual cost of over $1
billion.
Finally, the last title of this bill, title VII, creates incremental-
based budgeting, to eliminate a current-services budget approach
which assumes that programs are extended at prior years' funding
levels plus an adjustment for inflation and population growth, and
any expansion of the program that we choose to allow, the execu-
tive branch would be required to formulate incremental budget
plans with decreasing levels of spending. These plans will serve as
a menu for Presidential budget cutting.
1081
This provision deletes the provision that requires the President
to submit a current-services budget each year. In the alternative,
it would require the formulation of budgets with lower — that is
right, actual lower — spending levels.
Officers and employees who submit budgets to the head of each
department or agency would be required to submit at least two in-
cremental budgets, of which one incremental budget would reflect
a spending cut of at least 5 percent lower than the prior fiscal year.
The other, second, budget required to be submitted to that agency
head would reflect spending cuts of at least 15 percent lower than
the prior fiscal year.
Then each department head or agency head would be required to
submit at least one incremental budget to the Office of Manage-
ment and Budget, with spending at least 10 percent lower than the
previous fiscal year.
As before and currently, the Office of Management and Budget
would review various departmental budgets and, after consultation
with the President, would submit one budget to the Congress for
its consideration.
Whenever 0MB makes its first preliminary report that we would
have a deficit in that fiscal year, then the President, by October 15,
would have to submit to Congress a report that would either rec-
ommend specific changes in outlays or revenues or recommend a
waiver. The way he generates the information necessary to budget
in the first place and to recommend spending cuts would be to look
to these incremental budgets from each agency, from each depart-
ment, wherein they have identified, if they had to cut, where would
they cut spending.
This is what a business, this is what General Motors, Ford
Motor, or ABC Electronic would do if they were spending more
than they are bringing in every year.
In summary, the legislation that I have filed today both changes
and fixes the process, first by a statement in the Constitution re-
quiring us to balance the budget and, second, an actual budget
process reform bill wherein we correct the problems of our current
budget process and provide a mechanism whereby we actually can
get to balance, and if we do not, puts our fingerprints and the
President's fingerprints all over it so that there is real accountabil-
ity to the people for why we have not or will not balance the budg-
et.
Without that accountability, without these changes, I fear that
we will continue to play the kinds of political games that I have
seen both in the last 2 years of my time in Congress and before
that, which is one of the driving factors that made me stand up
and say to the people in my district, "We can and must do better."
It is possible to balance the Federal budget. It is not possible to
do so with smoke and mirrors. It is not possible to do so simply
with processed legislative reform. The only way we bal£ince the
budget is by either cutting spending or increasing revenues, and
those are tough choices. But that is what we were elected to do,
to make those tough choices, to allocate those scarce resources
among the priorities. Our problem is we are providing our people
with more Government services than they are willing to pay for.
1082
We cannot continue to do that. I would urge bipartisan consider-
ation of this approach. This approach has been developed with
ideas from past decades and current ideas. It has been developed
with ideas from both sides of the aisle. It has been developed
through bipartisan effort, and I urge bipartisan consideration.
Now, we are going to be using three different approaches to try
to bring this budget reform to a vote. First, through stand-alone
legislation filed here today we will attempt to cosponsor it. We will
attempt to get it through the committee process. We will attempt
to get a vote on the floor of the House to adopt this package.
Second, there is another alternative. We will this year have a
budget reconciliation package. That package from the President
and the leadership of the House will include the President's eco-
nomic plan. It will include spending cuts. It will include revenue
increases. It must include budget process and budget enforcement
provisions.
We will be pushing within the reconciliation package to adopt
this or similar budget reform legislation.
Finally, currently under order of the House and the Senate, a
joint committee of this Congress is meeting to consider process re-
form whereby we would change the way this body and the other
House perform the Nation's business. Part of that process reform
must be budget process reform and we will be submitting this pro-
posal to the Committee on Reform of the Congress and ask them
to consider these changes as a recommendation of reform to the full
body.
By using these three separate avenues, we the sponsors of this
bill hope to get a real honest bipartisan consideration of this legis-
lation.
I urge you to support it. This is an accountability provision. We
are losing credibility and have lost much credibility with the people
at home. The voters wonder whether or not we have the fortitude
to gradually make the tough decisions. With this accountability
bill, with this truth in budgeting bill, I believe we are provided
with the mechanisms to do so.
I would urge my colleagues, look at this bill. Consider this bill.
If you have ideas for changing it to make it better, let us make it
better, but let us pass it, because as the President said, the worse
thing we can do is nothing at all. We must revise the system and
I urge you to do so.
With that, Mr. Speaker, I yield back the balance of my time.
1083
[From the Congressional Record pages H877-878]
I
103d congress
1st Session
H.R.1138
To restructure the Federal budget process.
IN THE HOUSE OF REPRESENTATIVES
February 24, 1993
Mr. Ortok (for himself, Mr. BACCHUS of Florida, Mr. Cokdit, Mr. IXGLIS
of South Carolina, Mr. McCOLLUM, Mr. PETERSON of Minnesota, Mr.
PosHARD, Mr. Shepherd, Mr. Stenholm, and Mr. Zeliff) introduced
the following bill; which was referred jointly to the Committees on Grov-
emment Operations, Rules, and Public Works and Transportation
A BILL
To restructure the Federal budget process.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Comprehensive Budget
5 Process Reform Act of 1993".
1084
2
1 TITLE I— BALANCED BUDGET
2 WITH ENFORCEMENT; MAN-
3 DATORY CONSIDERATION OF
4 PRESIDENT'S BUDGET
5 SEC. 101. SUBMISSION OF BALANCED BUDGET BY THE
6 PRESIDENT.
7 Section 1105 of title 31, United States Code, is
8 amended by inserting at the end the following new sub-
9 sections:
10 "(g) Any budget submitted to Congress pursuant to
11 subsection (a) for the 1996-1997 biennium shall be a
12 budget for that biennium and the ensuing biennium that
13 provides for a balanced budget for the 1998 fiscal year
14 and subsequent fiscal years. Any budget submitted to Con-
15 gress pursuant to subsection (a) for a fiscal year after the
16 1996-1997 biennium shall be a budget that provides for
17 a balanced budget for that fiscal year and the ensuing
18 fiscal years.".
19 SEC. 102. REPORTING OF BALANCED BUDGETS.
20 Section 301 of the Congressional Budget Act of 1974
21 is amended by inserting at the end the following new sub-
22 section:
23 "(j) Reporting of Bai^anced Budgets. — Any con-
24 current resolution on the budget for the 1996-1997 bien-
25 nium as reported by the Committee on the Budget of each
•HR 1138 IH
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3
1 House, shall set forth appropriate levels for the biennium
2 beginning on October 1 of the calendar year in which it
3 is reported and for the ensuing biennium for the matters
4 described in section 301(a) that provides for a balanced
5 budget by the 1998 fiscal year and the ensuing fiscal
6 years. Any concurrent resolution on the budget for the
7 1998-1999 biennium or any ensuing biennium, as re-
8 ported by the Committee on the Budget of each House,
9 shall set forth appropriate levels for the biennium begin-
10 ning on October 1 of the calendar year in which it is re-
1 1 ported and for each of the ensuing biennium for the mat-
12 ters described in section 301(a) that provides for a bal-
13 anced budget for fiscal year 1998 and the ensuing fiscal
14 vears.
15 "(k) Consideration of Balanced Budgets. — It
16 shall not be in order in the House of Representatives or
17 the Senate to consider any concurrent resolution on the
18 budget for the 1996-1997 biennium that does not provide
19 for a balanced budget by fiscal year 1998 and the ensuing
20 fiscal years. It shall not be in order in the House of Rep-
21 resentatives or the Senate to consider any concurrent reso-
22 lution on the budget for the 1998-1999 biennium or any
23 ensuing biennium that does not provide for a balanced
24 budget for fiscal year 1998 and the ensuing fiscal years.".
•HR 1138 IH
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4
1 SEC. 103. PROCEDURE IN THE HOUSE OF REPRESENTA-
2 TIVES.
3 Section 305(a) of the Congressional Budget Act of
4 1974 is amended by inserting at the end the following:
5 "(8) (A) If the Committee on Rules of the
6 House of Representatives reports any rule or order
7 providing for the consideration of any concurrent
8 resolution on the budget for a biennium, then it
9 shall also, within the same rule or order, provide
10 for—
11 "(i) the consideration of the text of any
12 concurrent resolution on the budget for that bi-
13 ennium reported by the Committee on the
14 Budget of the House of Representatives pursu-
15 ant to section 301(j); and
16 "(ii) the consideration of the text of each
17 concurrent resolution on the budget as intro-
18 duced by the majority leader pursuant to sub-
19 paragraph (B);
20 and such rule or order shall assure that a separate
21 vote occurs on each such budget.
22 "(B) The majority leader of the House of Rep-
23 resentatives shall introduce a concurrent resolution
24 on the budget reflecting, without substantive revi-
25 sion, the budget submitted by the President pursu-
•HR 1138 IH
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5
1 ant to section 1105(g) of title 31, United States
2 Code, as soon as practicable after its submission.".
3 SEC. 104. PROCEDURE TS THE SENATE.
4 Section 305(b) of the Congressional Budget Act of
5 1974 is amended by inserting at the end the follo\\'ing:
6 "(7) Notwithstanding any other rule, it shall al-
7 ways be in order in the Senate to consider an
8 amendment to a concurrent resolution on the budget
9 for a biennium comprising the text of any budget
10 submitted bv the President for that biennium as de-
11 scribed in section 1105(g) of title 31, United States
12 Code.".
13 SEC. 105. OMB DEFICIT FORECAST.
14 (a) OMB Report of Estimated Deficit. — Not
15 later than September 1 of each calendar year, the Director
16 of the Office of Management and Budget shall submit to
17 Congress a report setting forth a current estimate of the
18 surplus or deficit in the budget for the Federal Govern-
19 ment for the fiscal year ending on September 30 of that
20 calendar year.
21 (b) OMB Report of Actual Deficit. — Not later
22 than October 15 of each calendar year, the Director of
23 the Office of Management and Budget shall submit to
24 Congress a report setting forth the actual surplus or defi-
•HR 1138 IH
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6
1 eit in the budget for the Federal Government for the fiscal
2 year ending on September 30 of that calendar year.
3 (c) Calculations of Deficits. — Any calculation
4 made by 0MB for a fi.scal year to carrj- out this section
5 shall not include any spending decreases or revenue in-
6 creases made pursuant to section 106 with respect to any
7 prior fiscal year.
8 SEC. 106. REPAYMENT OF PRIOR BIE^fNIU^^S DEFICIT.
9 (a) Recoxcill\tion Legislation. — If the report
10 sent to Congress under section 105(b) for a fi.scal year
1 1 indicates that there was a deficit in that fiscal vear, then
12 before the end of that session of Congress, Congress shall
1 3 either —
14 (1) eliminate that deficit through the enactment
15 ^ of reconciliation legislation; or
16 (2) waive the requirement to eliminate that def-
17 icit through the enactment of legislation (which shall
18 be approved on final passage by each House of Con-
19 gress by a recorded vote) the sole purpose of which
20 is to waive that requirement for that biennium.
21 (b) Look-Back Enforcement.— If Congress ad-
22 journs to end a session without complying with .subsection
23 (a) for a fiscal year, then there shall be a sequestration
24 to offset the amount of the deficit for that fiscal year. The
25 amount required to be sequestered shall be obtained by
•HR 113« IH
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7
1 reducing all accounts of the Government by a uniform per-
2 centage, except that no reduction of —
3 (1) payments for net interest (all of major func-
4 tional category 900); or
5 (2) benefits payable under the old-age, survi-
6 vors, and disability insurance program established
7 under title II of the Social Security Act;
8 shall be made. This sequestration shall be implemented
9 by the issuance of an order by the President. This order
10 shall be effective on issuance.
1 1 SEC. 107. EFFECTIVE DATE.
12 This title and the amendments made by it shall be-
13 come effective for the concurrent resolution on the budget
14 for the 1996-1997 biennium and shall be fully reflected
15 in the budget for the 1996-1997 biennium required to be
16 submitted by the President in 1995 as required by section
17 1105(a) of title 31, United States Code.
18 TITLE II— BIENNIAL BUDGET
19 SEC. 201. FINDINGS AND PURPOSE.
20 (a) Findings. — The Congress finds and declares
21 that the present annual Federal budgeting process —
22 (1) allows insufficient time for the fulfillment
23 by the Congress of its legislative and oversight
24 responsibilities;
•HR 1138 IH
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8
1 (2) allows insufficient time for the review and
2 consideration by the Confess of authorizing legisla-
3 tion, budget resolutions, and appropriation bills and
4 resolutions and other spending measures;
5 (3) allows insufficient time for the evaluation of
6 costly and complicated Federal programs, and there-
7 by contributes to the unrestrained growth of the
8 Federal budget; and
9 (4) allows insufficient time for agencies and
10 State and local governments to plan for the imple-
1 1 mentation of programs.
12 (b) Purpose. — It is the purpose of this title —
13 (1) to establish a process through which the
14 Federal budget wiW be adopted for a two-year
15 period;
16 (2) to improve congressional control over the
17 Federal budget process;
18 (3) to streamline the requirements of the budg-
19 et process in order to promote better accountability
20 to the public;
21 (4) to improve the legislative and budgetary
22 processes by providing additional time for congi*es-
23 sional oversight and other vital legislative activities;
24 . (5) to provide stability and coherence for recipi-
25 ents of Federal funds; and
•HR 1138 IH
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9
1 (6) to implement other improvements in the
2 Federal budget process.
3 SEC. 202. REVISION OF TIMETABLE.
4 Section 300 of the Congressional Budget Act of 1974
5 (2 U.S.C. 631) is amended to read as follows:
6 "timetable
7 "Sec. 300. The timetable with respect to the Con-
8 gressional budget process for any Congress (beginning
9 with the One Hundred Third 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.
February 25 Committees submit views and estimates to
Budget Committees.
March 31 Senate Budget Committee reports concurrent
resolution on the biennial budget.
April 15 Congress completes action on concurrent reso-
lution 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.
September 1 0MB submits report setting forth estimate of
surplus'deficit for current fiscal year.
September 30 Congress completes action on reconciliation
legislation.
September 30 Congress completes action on biennial appro-
priation bills.
October 1 Biennium begins.
October 15 0MB submits report setting forth actual sur-
plus/deficit for fiscal year ending September
30.
"Second Session
"On or before: Action to be completed:
May 15 Congressional Budget Office submits report to
Budget Committees.
September 1 0MB submits report setting forth estimate of
surplus'deficit for current fiscal year.
October 15 0MB submits report setting forth actual sur-
plu^deficit for fiscal year ending September
30.
1092
10
"Second Session — Continued
The last day of the session Congress completes action on bills and resolu-
tions authorizing new budget authority for
the succeeding biennium.".
1 SEC. 203. AMENDMENTS TO THE CONGRESSIONAL BUDGET
2 AND IMPOUNDMENT CONTROL ACT OF 1974.
3 (a) Aaiendment of the Congressional Budget
4 Act of 1974. — ^Whenever in this section an amendment
5 or repeal is expressed in terms of an amendment to, or
6 repeal of, a section or other provision, the references shall
7 be to a section or other provision of the Congressional
8 Budget Act of 1974.
9 (b) Declaration of Purpose. — Section 2(2) (2
10 U.S.C. 621(2)) is amended by striking "each year" and
1 1 inserting "biennially".
12 (c) Definitions. —
13 (1) Section 3(4) (2 U.S.C. 622(4)) is amended
14 by striking "fiscal year" each place it appears and
15 inserting "biennium".
16 (2) Section 3 (2 U.S.C. 622) is further amend-
17 ed by adding at the end thereof the following new
18 paragraph:
19 "(11) The term 'biennium' means the period of
20 2 consecutive fiscal years beginning on October 1 of
21 any odd-numbered year.".
22 (d) Duties of CBO.—
•HR 1138 IH
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11
1 (1) Section 202(f)(1) (2 U.S.C. 602(f)(1)) is
2 amended —
3 (A) by striking "February 15 of each
4 year" and inserting 'Tebruary 15 of each odd-
5 numbered calendar year";
6 (B) by striking "the fiscal year commenc-
7 ing" and inserting "each fiscal year in the bien-
8 nium commencing";
9 (C) by striking "such fiscal year" the first
10 place it appears and inserting "such biennium";
11 and
12 (D) by striking "such fiscal year" the sec-
13 ond place it appears and "each fiscal year in
14 such biennium".
15 (2) Section 202(f) (2 U.S.C. 602(f)) is further
16 amended —
17 (A) in paragraph (2) by striking "The Di-
18 rector shall from time to time" and inserting
19 "On May 15 of each even numbered year and
20 at such other times as he or she deems
21 appropriate, the Director shall".
22 (B) in paragraph (3) —
23 (i) by striking "January 15" and in-
24 serting "February 15",
•HR 1138 IH
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12
1 (ii) by striking "each year" and in-
2 serting "each even-numbered calendar
3 year",
4 (iii) by striking "the fiscal year end-
5 ing September 30 of that calendar year" in
6 clause (A) and inserting "either fiscal year
7 in the biennium beginning October 1 of the
8 preceding calendar year",
9 (iv) by striking "the fiscal year ending
10 September 30 of that calendar year" in
11 clause (B) and inserting "either fiscal year
12 of such biennium", and
13 (v) by striking "fiscal year beginning
14 October 1 of that calendar year" and in-
15 serting "succeeding biennium".
16 (e) Biennial Concurrent Resolution on the
17 Budget. —
18 (1) Section 301(a) (2 U.S.C. 632(a)) is
19 amended —
20 (A) by striking "April 15 of each year"
21 and inserting "April 15 of each odd-numbered
22 year";
23 (B) by striking "the fiscal year beginning
24 on October 1 of such year" the first place it ap-
84-COS 1714
•HR 1138 IH
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13
1 pears and inserting "the biennium beginning on
2 October 1 of such year";
3 (C) by striking "the fiscal year beginning
4 on October 1 of such year" the second place it
5 appears and inserting "each fiscal year in such
6 period"; and
7 (D) by striking "each of the two ensuing
8 fiscal years" and inserting "each fiscal year in
9 the succeeding biennium'''.
10 (2) Section 301(b) (2 U.S.C. 632(b)) is
1 1 amended —
12 (A) in the matter preceding paragraph (1)
13 by inserting "for a biennium" after "concurrent
14 resolution on the budget"; and
15 (B) in paragraph (3) by striking "for such
16 fiscal year" and inserting "for either fiscal year
17 in such biennium".
18 (3) Section 301(d) (2 U.S.C. 632(d)) is amend-
19 ed by striking "Within 6 weeks after the President
20 submits a budget under section 1105(a) of title 31,
21 United States Code" and inserting "On or before
22 Februan' 25 of each odd-numbered year".
23 (4) Section 301(e) (2 U.S.C. 632(e)) is
24 amended —
•HR 1138 IH
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14
1 (A) in the first sentence by striking "fiscal
2 year" and inserting "biennium";
3 (B) by inserting between the second and
4 third sentences the following new sentence: "On
5 or before March 31 of each odd-numbered year
6 the Committee on the Budget of each House
7 shall report to its House the concurrent resolu-
8 tion on the budget referred to in subsection (a)
9 for the biennium beginning on October 1 of
10 that year."; and
11 (C) in paragraph (6) —
12 (i) by striking "five" and inserting
13 "four",
14 (ii) by striking "such fiscal year" and
15 inserting "the first fiscal year of such bien-
16 nium,", and
17 (iii) by striking "such period" and in-
18 serting "such four-fiscal-year period".
19 (5) Section 301(f) (2 U.S.C. 632(f)) is amend-
20 ed by striking "fiscal year" each place it appears
21 and inserting "biennium".
22 (6) The section heading of section 301 is
23 amended by striking "annual" and inserting "bien-
24 nial".
•HR 1138 IH
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15
1 (7) The table of contents set forth in section
2 1(b) is amended by striking "Annual" in the item
3 relating to section 301 and inserting "Biennial".
4 (f) Committee Allocations. —
5 (1) Paragraphs (1) and (2) of section 302(a) (2
6 U.S.C. 633(a)) are amended—
7 (A) by inserting "for a biennium" after
8 "budget" the first place it appears in each such
9 paragraph; and
10 (B) by inserting "for each fiscal year in
11 such biennium" after "estimated allocation"
12 each place it appears.
13 (2) Section 302(c) (2 U.S.C. 633(c)) is
14 amended —
15 (A) by striking "for a fiscal year" each
16 place it appears and inserting "for either fiscal
17 vear in a biennium"; and
18 (B) by striking "for such fiscal year" each
19 place it appears and in.serting "for such bien-
20 nium".
21 (3) Section 302(f)(1) (2 U.S.C. 633(f)(1)) is
22 amended —
23 (A) by .striking "for a fiscal year" and in-
24 serting "for a biennium", and
•HR 1138 IH
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16
1 (B) by striking "such fiscal year" each
2 place it appears in the matter preceding sub-