The Mid-Session Review of the President's Budget: Timing Issues

Publication Date: August 2008

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Banking and finance

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Abstract:

The Budget and Accounting Act of 1921 established for the first time the requirement that the President annually submit a budget to Congress. Under current law (31 U.S.C. 1105(a)), the President is required to submit his annual budget on or after the first Monday in January, but no later than the first Monday in February.

For nearly half a century after the 1921 act took effect, Presidents submitted their annual budgets to Congress in January or February but were not required to update the budget submissions later in the session. As the federal budget became larger, more complex, and more dynamic, Congress felt a greater need for more extensive and updated budgetary information from the President.

Section 221(b) of the Legislative Reorganization Act of 1970 requires the President to submit to Congress an update of his budget in the middle of the legislative session. The requirement, which was first effective in 1972, is codified at 31 U.S.C. 1106. The update commonly is referred to as the mid-session review, but sometimes is referred to as the supplemental summary of the budget. It often is printed as a House document.

During the more than 30 years that the President has been required to submit a mid-session review of his budget, controversy has surfaced occasionally regarding the timing of its submission to Congress. From time to time, Members of Congress have asserted that the President has submitted the mid-session review in a tardy manner in order to gain a political or legislative advantage over Congress. In one instance, some Members attributed an accelerated submission of the mid-session review to the same motivation.

This report provides information on the timing of submission of the mid-session review for FY1980-FY2005, a 26-year period that covers all or part of the administrations of five Presidents, applying to the last two years of the Carter Administration and the full four-year or eight-year terms of the Reagan, George H. W. Bush, Clinton, and George W. Bush Administrations. Each of the Presidents submitted at least one mid-session review on time and at least one late.

During the 26-year period, the mid-session review was submitted, on average, about two weeks (13.7 days) late. In 10 of the 26 years, the mid-session review was submitted on time. Seven of the 10 timely submissions were made on, or within one day of, the July 15 deadline. In two of the three remaining instances, the mid-session review was submitted in late June; for FY1999, it was submitted on May 26, 1998 -- 50 days ahead of the deadline.

In 16 of the 26 years, the submission of the mid-session review was tardy, with delays ranging from one day to 52 days. When a tardy submission occurred, on average it involved a delay of about three weeks (22.2 days).

This report will be updated as developments warrant.