[Congressional Record Volume 140, Number 19 (Monday, February 28, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: February 28, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
BALANCED BUDGET AMENDMENT
The Senate continued with the consideration of the joint resolution.
Mr. REID addressed the Chair.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Mr. President, I hope every senior citizen and every
disabled American was listening to the presentation made by the Senator
from Utah and the Senator from Arizona.
The Reid balanced budget amendment balances the budget, but not on
the backs of senior citizens. I also think the American public who
listened to the presentation of the Senator from Utah could recognize
that this is legal mumbo jumbo, his amendment better than any
amendment. I am going to give you a lawyer's interpretation of why.
The American people do not need lawyers telling them what is right.
The Reid amendment allows the balanced budget to take place, but not on
the backs of senior citizens. It allows a balanced budget to be treated
as States are treated, where you protect the pensioners and you allow
capital construction. It is as simple as that, just like States are
handled. Just like the State of Utah, just like the State of Arizona,
just like the State of Connecticut, just like all of the States of the
country, we have an operating budget and a capital budget. No legal
mumbo jumbo will take away from the basic tenets of my amendment.
The Senator from Utah complains that my amendment allows Congress to
delegate the power to order across-the-board cuts to a congressional
officer. The Senator from Utah is correct when he says that this
provision is intended to overrule the decision in Boucher versus Synar.
The Reid amendment would allow Congress to provide by law that a
neutral third party, the Comptroller General of the United States,
could referee across the board. This is the same compromise Congress
embraced in the 1985 Gramm-Rudman-Hollings Act, of which the Senator
from Utah was one of the major proponents.
The Senator from Utah and the Senator from Arizona complain that my
amendment delegates powers to an unelected official, the Director of
CBO, to make economic determinations. The point of this provision is to
provide that a nonpartisan, unelected official could make this
determination. That seems totally reasonable.
But I find it amazing that the Senators from Utah and Arizona
complained of ceding power to unelected officials.
In testimony before the Senate Budget and Appropriations Committees,
respected constitutional scholars testified that the Simon amendment
granted the President increased impoundment powers. Section 5 of my
amendment ensures that this will not happen under my amendment.
You see, Mr. President, my amendment preserves what the framers of
our Constitution wanted. They wanted separate but equal branches of
Government. The Simon amendment makes them unequal and gives all the
power to the President.
Now, the Senator from West Virginia and the President pro tempore of
the Senate has lectured long--11 lectures, each an hour long--talking
about what happened in Rome when the legislative branch gave up its
power to the executive branch.
We are not only going to do it, we are going to do it here in the
Simon amendment by constitutional amendment. Ridiculous.
If the Simon amendment passes, some minor bureaucrat, or plural,
bureaucrats, in the bowels of OMB will be making the decision about
where cuts will be made. Talk about delegating power to unelected
officials. They have just won the Olympics.
They talk about their constitutional amendment. Which one? The one
that has been floating around for 4 years or the one we are going to
vote on now that they were forced to amend last week? Which
constitutional amendment is theirs? Is it the one that has been around
for 4 years or is it their new one?
Each one of us, Mr. President, is a politician. But politics, you
see, is not everything. All of us are loyal to a party, but each has a
much higher loyalty. It is to that better angel that I wish to appeal
today.
The time has come to forget party, forget self, forget all the narrow
sexual and political interests that divide us. The time has come to
remember instead that we are united by our duty which lies to our
country.
Mr. President, I think that every Member of this body knows that the
amendment written by Senator Simon will not pass. I have to tell each
one listening that as much as I respect its author and his goals, it
should not pass in that form.
The Senator from Utah categorized those supporting the Reid amendment
with various names. I do not intend in this body to in any way
denigrate those who are proponents of the Simon amendment, but we know,
and I read into the Record at length on Friday what newspapers across
this country call the Simon amendment. The Baltimore Sun, for example,
calls it a ``Hoary Old Hoax.'' Others call it a phony.
These are not names I dreamed up. These are names that newspapers
categorized.
I know that it is not the goal of Senator Simon and my friends on the
other side who support his amendment to bring this Nation to an
economic crash unequaled by anything since 1929. I know it is not their
goal to leave this Nation's senior citizens, its disabled, its widows
and orphans lying ill-fed and freezing in our streets. I know it is not
their goal to allow this Nation's transportation system, this Nation's
whole infrastructure to deteriorate to a point where trains could have
no tracks on which to run, trucks could have no highways on which to
ride and airplanes no runways on which to land and citizens no building
in which to conduct the Nation's business.
I know that is not their goal, but they know that would be the end
result of this so-called Simon balanced budget amendment which took no
account of capital spending and Social Security. I think it says reams
that the Senator from Utah talked a lot about legalities, legal
complications. I remember when I tried cases. Usually lawyers did that
when the facts did not support their case. They talked a lot of legal
gobbledygook when the facts did not support their case. That is why I
asked the senior citizens and disabled in this country to hone in on
what the Senator from Utah said because he did not mention Social
Security, which would be devastated as a result of the Simon amendment.
Secretary Shalala testified if all programs were reduced across the
board, the Simon amendment would require $52 billion in cuts to Social
Security. Need I say more? Social Security is self-funded. Employers
and employees pay into that fund. It is a separate trust fund.
They know the result, Mr. President, and they know that as a
consequence, there is enough common sense, enough fiscal sense to keep
the Simon amendment from passing. They also know, as do I and every
Member of this body, that we must reduce the Federal deficit. There are
programs which will have to go, and not just wasteful or inefficient
ones. Everyone in this body would like to find waste in spending.
Certainly it exists. We must seek it out and attempt to kill it. Such
spending is a small portion of what we expend every year. It has fallen
to us rather to choose between the good which must fail and the good
which may survive.
We face not just in 2001 but right now any number of hard choices,
and to paraphrase a maxim I learned in school, ``Hard choices make bad
laws.'' Indeed, they do.
Originally, perhaps, our Federal system was mostly devoted to defense
and foreign policy. Mr. President, I think we can agree that there are
certain functions which have been assumed by this Federal Government
since the 1930's which the people and the States do not want us to
forsake. I think we can, I think we do agree that those functions must
certainly include Social Security and the maintenance of the
transportation system, including airports, canals, and more, which has
been and which remain essential to this Nation's continued prosperity.
We agree on those points and yet we continue to disagree on the
amendment offered. Why is that? I suspect that many of those who will
not compromise on this issue, who say they wanted all or nothing take
that position because they know that nothing is what they will get and
nothing really is what they want. They do not really want a balanced
budget amendment passed. They want to be able to say they went home and
voted for a balanced budget amendment.
The Senator from Utah recognizes that the best defense is a good
offense. So rather than trying to talk about the qualities of both
amendments, all he can do is tend with his legal mumbo jumbo to confuse
the issue. The fact of the matter is, I believe many people who are
supporting the Simon amendment do not want anything to pass. They want
to be able to go home and say they voted for a balanced budget
amendment. They do not want this body to face the hard choices the Reid
amendment would entail. They want to be able to say they would face
them but for the Senators' votes.
Remember, my amendment makes it doable. It makes it doable. Instead
of taking responsibility for what they want, they want others to take
the blame.
My fellow Senators in both parties, for the sake of our Nation, for
the sake of prosperity, and for the sake of our oaths and, really, our
honor, I beg you to listen to reason. I proposed a workable, realistic
balanced budget amendment, one which would pass this body and easily
pass the other body and be ratified by the States. The Simon amendment
is not going to pass here, but if it did, it would not pass the other
body and I doubt seriously it would pass the States. But mine would
because the States would be faced with a constitutional amendment that
would parrot and follow what they have to do every year: A reasonable
way to getting this country's fiscal house in order.
Unless you vote for this, the Reid amendment, this debate will
produce nothing except self-serving speeches, and this Nation will have
received nothing except empty promises. If you really believe, if you
really care, if you are really willing to face the hard choices, which
is our duty to make, then I ask you to join me and support my
amendment.
Mr. DeCONCINI. Will the Senator yield? I want to correct the Record.
I made a reference that the Senator from Nevada voted for the 1986
balanced budget amendment. That is incorrect. He had just been elected
to the Senate. I apologize for that.
Mr. REID. I recognized it did not happen, so I was not going to
correct it.
Mr. BYRD addressed the Chair.
The PRESIDING OFFICER. The Senator from West Virginia.
Mr. BYRD. Mr. President, the power of the purse is no accident, and
its inclusion in the Constitution of the United States is not there by
chance. The British constitution, which is an unwritten constitution,
except for certain documents and statutes and cases in the common law
courts, is the archetype of the United States Constitution which is the
oldest written successful constitution in the world.
Montesquieu knew about the English struggle, the struggle of our
English forebears to wrest from the monarch the power of the purse and
to place it into the hands of the elected representatives of the people
in Parliament, and particularly in the House of Commons.
Last year, I spoke about the history of the Romans. I made 14
speeches on the history of the Romans. I did that because Montesquieu
was very much impressed by the Romans and by their system of
Government, and it was from the Romans and the institutions of England
that Montesquieu developed his political and philosophical system of
separation of powers and checks and balances.
He believed that the three major departments, the legislative, the
executive, and the judicial, must be separated in order to preserve
freedom and liberty.
Now, Mr. President, I think it is important that we talk about the
history of England and think, as we do so, as to how we came to have
the United States Constitution which parallels in so many ways the
Constitution of England.
Mr. President, early in the current millennium there were various
kingdoms and subkingdoms in England. Eventually, the seven main
kingdoms formed a heptarchy. They were East Anglia, Mercia, Kent,
Northumbria, Sussex, Wessex, and Essex, and from time to time one or
the other of these kingdoms would gain the predominance over the rest
of the kingdoms. It was during the reign of Egbert, who reigned from
802 to 839, that Wessex achieved domination over all of the other
kingdoms, and it was under the reign of Edward the Elder when all of
England was considered to be one kingdom.
Now, let me begin by stating the names of the kings, the monarchs of
English history beginning with the Anglo-Saxon and British kings, and
the first one I have been able to trace in an unbroken line was--and
these will be spelled differently from the phonetic sound or
pronunciation of the name--Cerdic, who reigned from 519 to 534; Cynric,
534 to 560; Ceawlin, 560 to 591; Ceolric, 591 to 597; Ceolwulf, 597 to
611; Cynegils, 611 to 643; Cenwalh, 643 to 645.
There was an Interregnum from 645 to 648. Then, Cenwalh was king
again from 648 to 672; 672 to 673 was under the monarchy of Cenwalh's
wife, Seaxburg; 674 to 676, Escwine; 676 to 685, Centwine; 685 to 688,
Caedwalla; 688 to 726, Ine; 726 to 740, Ethelheard; 740 to 756,
Cuthred; 756 to 757, Sigeberht; 757 to 786, Cynewulf; 786 to 802,
Beorhtric; 802 to 839, Egbert; 839 to 855, Ethelwulf; 855 to 860,
Ethebald; 860 to 866, Ethelberht; 866 to 871, Ethelred I; 871 to 899,
Alfred; 899 to 924, Edward the Elder; 924 to 939, Ethelstan; 939 to
946, Edmund; 946 to 955, Edred; 955 to 959, Edwig, and 959 to 975,
Edgar the Peaceful; 975 to 978, Edward the Martyr; 978 to 1016,
Ethelred II, or Ethelred ``the redeless;'' 1016, Edmund Ironside, the
son of Ethelred; and 1016 to 1035, Cnut; 1037 to 1040 was Harold
Harefoot. He was the illegitimate son of Cnut.
Then 1040 to 1042 was Harthacnut, who was the legitimate son of Cnut.
He reigned from 1040 to 1042, and we are told that he died ``while
standing at his drink.'' He was under 24 years of age when he died.
Beginning on Easter Sunday, 1043, Edward the Confessor reigned until
January 5, 1066.
Then on January 6, 1066, Harold II, son of Godwin, became king, and
he reigned until the Battle of Hastings on October 14, 1066.
William the Conqueror took office on Christmas Day, 1066. He reigned
from 1066 to 1087. William II, or William Rufus, 1087 to 1100. Then
Henry I, 1100 to 1135; Stephen, 1135 to 1154; Henry II, 1154 to 1189;
Richard I, Richard the Lionhearted from 1189 to 1199; John from 1199 to
1216; Henry III, 1216 to 1272; Edward I, 1272 to 1307; Edward II, 1307
to 1327; Edward III from 1327 to 1377; Richard II from 1377 to 1399;
and Henry IV of Lancaster from 1399 to 1413. Then, Henry V, 1413 to
1422; Henry VI, from 1422 to 1461; Edward IV, 1461 to 1483; and Edward
V, also in 1483. He was the son of Edward IV, and was murdered in the
tower by his uncle, Richard III. And along with Edward V, his younger
brother, the Duke of York, was also murdered in the tower. Richard III
had the two boys murdered.
Then Richard III reigned from 1483 to 1485. He was killed at the
Battle of Bosworth Field on August 22, 1485. Henry (Tudor) VII fought
in that battle against Richard III. And that battle ended the 30 years
of war that we know of as the Wars of the Roses.
Then from 1485 to 1509, Henry VII reigned; Henry VIII reigned from
1509 to 1547. Henry VIII had six wives: Catherine of Aragon, Anne
Boleyn, Jane Seymour, Anne of Cleves, Catherine Howard, and Catherine
Parr.
Following Henry VIII's death in 1547, Edward VI reigned from 1547 to
1553. He was the son of Jane Seymour. And then from 1553 to 1558, Mary,
Bloody Mary, who was the daughter of Catherine of Aragon reigned.
Elizabeth, the daughter of Anne Boleyn, reigned from 1558 to 1603;
James I of England--he was also James VI of Scotland--reigned from 1603
to 1625. Charles I, his son, reigned from 1625 to 1649.
There was an Interregnum from 1649 to 1660, during which Oliver
Cromwell ruled. In 1660 came the Restoration.
Charles II reigned from 1660 to 1685. James II reigned from 1685 to
1688. William of Orange, after he was crowned, jointly with Mary, was
known as William III. They reigned from 1689 to 1702. Mary's sister,
Anne, reigned from 1702 to 1714. Then George I, 1714 to 1727; George
II, 1727 to 1760; George III from 1760 to 1820; George IV from 1820 to
1830; William IV from 1830 to 1837; Victoria reigned from 1837 to 1901;
Edward VII ruled from 1901 to 1910, and George V reigned from 1910 to
1936; in 1936, Edward VIII abdicated the crown with the title of Duke
of Windsor. I remember that very well, 1936. Then from 1936 to 1952,
George VI reigned. From 1952 to the present time, Elizabeth II has been
the English monarch.
Now, Mr. President, I would like now to trace, if I can, the
development of Parliament and along with it talk about some English
history.
Parliament had its roots in the Witenagemote of the Anglo-Saxon
period.
The Witenagemote, the small gemots and folkmoots, the magnum
concilium, and the curia regis, all of these were the base from which
Parliament in later centuries came into being.
The Witenagemote was the King's Council. It was made up of the
important men of the realm, the earls, the sheriffs, the thanes, the
bishops, the abbots, and it advised the king in matters of war, shared
with him in matters of the taxation, in dealing with foreign
governments, and matters involving the military, and so on.
It was based on the importance of the individuals. It chose the king.
A smaller council within this larger council was called the Witan. It
was made up of members of the king's household, some of the more
important officials, and it was in constant attendance upon the king.
The king could not disregard the Witan or the Witenagemote. The
Witenagemote chose the king, usually on the basis of his being
hereditary and in the line of the family.
When William I, William the Bastard, who was the son of Robert the
Devil, the Duke of Normandy, defeated Harold II at the Battle of
Hastings on Senlac Hill in 1066, William I brought feudalism to
England, which he implanted on the old Anglo-Saxon institutions.
There had been some great kings among the Anglo-Saxons. Alfred, 871-
899, was a great king. He was educated, and he fostered a love for the
arts and education. And he was one of the four brothers who were the
sons of Ethelwulf, the four brothers being Ethelbald, Ethelberht,
Ethelred I, and Alfred. Edmund, who was the son of Ethelstan, was
killed by a thief in his own banquet hall. Edward the Martyr was killed
by those who wanted to see Ethelred II have the crown. Edward the
Martyr was treacherously murdered by the supporters of Ethelred II.
Cnut was the son of Sweyn ``Forkbeard'' of Denmark. And Cnut took to
himself a temporary wife, Elfgifu. She was the daughter of the Earl of
Northumbria, and to him and Elfgifu was born an illegitimate son,
Harold Harefoot.
Cnut then married Emma, the widow of Ethelred II, and to them was
born Harthacnut. When Cnut died in 1035 there was a brief Interregnum
to 1037. Then Harold was made king and ruled to 1040. Harthacnut, the
legitimate son of Cnut, then ruled until 1042. Edward the Confessor, as
I have already indicated, reigned from Easter day 1043 to January 5,
1066.
Edward the Confessor married the daughter of the Earl of Godwin.
Edward the Confessor was the son of Ethelred and Emma. When Edward the
Confessor died on January 5, 1066, Harold II, son of Godwin, became
king the next day. He only reigned from January to October. He fought
his brother, Tostig, at the battle of Stamford Bridge on September 25,
1066.
At the battle of Stamford Bridge, Tostig had joined forces with
Harold Hardrada, King of Norway. Both of them were killed in that
battle of September 25. Harold was victorious. But at that time, he had
heard that William the Conqueror had invaded the southern part of
England--and they fought a terrible battle on October 1066. Harold was
killed in that battle.
William the Conqueror, William I, became king. He was a Norman, and
came to England and implanted feudalism. Under feudalism the important
criterion was based on land holding.
The old Witenagemote, the King's Council, now became the Magnum
Concilium, the Great Council. And what originally was the witan, the
smaller council within the Witenagemote, now became the Curia Regis, a
smaller council within the Great Council, the Magnum Concilium.
The membership of the Curia Regis, depended not upon the greatness
nor the importance of the individual, as was the case in the
Witenagemote. Land holding was the important criterion, under the
Magnum Concilium and the Curia Regis.
The Magnum Concilium was expected to meet about three times a year.
The Curia Regis that constantly attended the King, followed him
wherever he went. It was made up of the chamberlain, the justiciar, the
constable, the chancellor, and other household officers, such as the
butler and the royal steward. The chancellor was the King's secretary.
William I died from a fall from a horse. William II was a cruel king,
and reigned from 1087 to 1100, at which time he was killed in a hunting
accident.
Henry, who was in the hunting party, immediately made off and seized
the treasury, and made himself king.
Henry I reigned from 1100 to 1135. Under Henry I, the system of
itinerant justices began. Itinerant justices out of the Curia Regis,
would go into the various hundreds of shires and villages, which were
administrative units, and hold court.
William I had brought the accusing jury, the sworn inquest from the
continent. Henry I also used the accusing jury. As time went on, the
King's court consisted of a jury, and the King's justices from the
Curia Regis. A case could be taken from the shire court or from the
hundred court, and brought into the King's court by a writ for a fee.
Writs were used to command that the case be brought before the King's
court. There was a different writ for each kind of action.
Henry II, who reigned from 1154 to 1189, was a great king. The petit
jury became a formal part of the King's court, and offered a
satisfactory instrument for settling civil and criminal cases. Henry II
increased the number of itinerant justices. He increased the number of
writs. He enlarged upon the court of exchequer which had originated
under Henry I, and which was an outgrowth of the Curia Regis. The
exchequer court audited the fees, fines, and the revenues collected by
the sheriffs on behalf of the King. The exchequer court was probably
called the exchequer court because of the checkered cloth that covered
the table of accounts.
Also, Henry II created what was to become the court of common pleas.
He created this court from the selection of five barons who were
permanent members of the Curia Regis. And those five barons sat at
Westminster the year round, and decided cases that were brought into
the court of common pleas.
Richard I, who reigned from 1189 to 1199, Richard the Lion-Hearted,
busied himself in the Crusades and fought in the Holy Land. As a matter
of fact, he was on the way back from one of the Crusades in 1192, when
he was arrested and imprisoned by the Duke of Austria. Richard I was
ransomed in 1194 by the payment of a ransom, which came from a tax
levied upon the people of England.
In 1199, Richard I was killed while making war in France. John became
King. We remember John mostly by the Magna Carta, which was signed by
him on the banks of the Thames on June 15, 1215, where he was forced by
the barons to attach his signature.
There were 63 clauses in the Magna Carta. These clauses did not
express any abstract principles; they righted wrongs. They were in
simple language, language the common people could understand. The Magna
Carta was the great charter of English liberty. It was reconfirmed in
1216 and 1217, and became a statute in 1297 when Edward I confirmed the
charters.
The Magna Carta, clause XII, provided that there would be no aids, no
taxes without their having the common consent of the realm--the common
counsel, I believe, are the exact words--the common counsel of the
kingdom.
Chapter XXXIX, which was probably one of the most important clauses,
provided that no free man should be arrested, imprisoned, exiled,
banished, dispossessed, or otherwise shorn of his standing except by
the judgment of his peers and according to the law of the land. That
``law of the land'' phrase was exceedingly important, because it came
to be the ``due process'' clause in the fifth amendment of our own
Constitution and the 14th amendment. Also, as I have mentioned, clause
XII is very important as we trace the developments in the power of the
purse, and its being placed into the hands of the commons, the elected
representatives of the people of England, and into our own legislative
branch here in Congress.
Henry IV became King of England as a result of his having been made
King by Parliament. He reigned from 1399 to 1413. He was the first of
the Lancastrian Kings, and the power of the purse and the liberties of
the people of England progressed greatly during the reign of Henry IV
and the other Lancastrian kings.
Edward I has been called ``The Father of Parliament.'' Under Edward
I, Parliament began to take its form--not in its intricate details, a
form that remained fluid for several years. Edward I summoned the
``Model Parliament'' in 1295. There had been some rudimentary
Parliaments summoned earlier. King John had summoned a conference at
St. Albans in 1213, and Queen Eleanor and the Earl of Cornwall had
summoned a conference in 1254.
At King John's conference, there were four knights elected from each
county. At Queen Eleanor's conference in 1254, there were two knights
from each county. In 1264, Simon de Montfort called a conference, which
was to take place in 1265. He instructed the sheriffs to bring to that
conference two knights from each county, two citizens from each city,
and two burgesses from each borough.
In 1295, Edward I held what was known as ``the Model Parliament.'' He
invited two knights from each shire, two citizens from each city, and
two burgesses from each borough. He invited the moneyed class, the
business and commercial interests, the merchants. The King wanted
money, so he called all branches of society who were in a position to
supply it. He included the town and rural middle class.
In 1297, he needed moneys for his wars, and he asked Parliament for
money. Before the Parliament would grant him the moneys he desired,
they drew up the Confirmation of the Charters, which incorporated the
Magna Carta, the Charter of the Forest, and other charters, and he
signed that Confirmation of the Charters in 1297.
Then Parliament gave him his money. In the Confirmation of the
Charters, the king agreed that henceforth there would be no taxes
granted except by the common consent of the kingdom.
This was significant for two reasons in particular. One, it meant
that in the future, Parliament would have to be convened if there was
going to be any discussion of nonfeudal taxes, and all elements of
society would be included, and it also was significant for the reason
that henceforth Parliament would use the power of the purse to redress
grievances and exact concessions from the king. That was a real
milestone on the way to the full achievement of English liberty.
Edward II, who reigned from 1307 to 1327, was deposed by Parliament,
one of the reasons being that he had misappropriated moneys that had
been granted him by Parliament.
Great strides were made in the development of Parliament and in the
power of the purse during the reign of Edward III. Edward III reigned
from 1327 to 1377. The Hundred Years War was begun during his reign. He
declared war on France in 1337. It lasted 116 years, to 1453, although
called the Hundred Years War. Edward III repeatedly had to ask
Parliament for moneys to carry on his war with France.
Parliament learned that it could effectively use this power of the
purse to exact concessions from the crown, and to bring about a redress
of grievances, and it used this power of the purse very effectively.
Money talks. Parliament found that out.
During the reign of Edward III, the ``Good Parliament'' convened in
1376. It was during the ``Good Parliament'' that Parliament discovered
a particularly effective weapon with which to bring the ministers of
the King into submission. Richard Lyons, who was a customs officer and
merchant, was impeached, along with other officers for having misused
their offices. The weapon of impeachment was used effectively by
Parliament in subsequent centuries.
In 1377 the first Speaker, so-called, of the House of Commons was
named. He was Sir Thomas Hungerford. Another very important thing
happened in the early part of Edward III's reign. Parliament, which had
met in the Parliament chamber for several years, continued to meet in
the Parliament chamber, but the knights and burgesses separated off
from the hereditary Members of the Parliament. The knights and
burgesses met in the precincts of Westminster Abbey. They would all
meet together at the beginning of the session of Parliament, but then
afterwards they separated, the knights and burgesses to meet in
Westminster Abbey, and the Parliament or what later became the House of
Lords continued to meet in the Parliament chamber.
They would meet separately and debate the questions and make their
decisions separately, and then they would come back into the Parliament
as they made their final debate and cast their votes. This was very
important. This was about 1339 to 1341. Certainly, in the early 1340's,
the Commons became separate from the Lords. As a matter of fact, it was
in 1340 that the first appropriations were made by Commons, the first
distinct instance of appropriations ``made by Commons with the assent
of the Lords.'' They were made first by what we would call the lower
House.
In 1407, Henry IV sought to initiate revenues in the House of Lords.
The House of Commons resisted and said that this would be in derogation
of their privileges and their liberties. Therefore, Henry IV, in 1407,
in the presence of both bodies, the Commons and the Lords, said that
henceforth--henceforth--appropriations would be made, taxes would be
made by Commons with the assent of the Lords.
From time to time this procedure was challenged. In 1552, during the
reign of Edward VI, son of Henry VIII, the Lords passed a bill dealing
with the treasurer. The Commons resented this, and said that they had,
through custom, the power to initiate revenue bills.
They agreed with every detail that was in the bill; they agreed with
the substance that was in the bill that had been passed by the Lords.
But just to show that they were not going to ever have revenue bills
begin in the House of Lords, they passed an entirely new bill
containing the same substance, the same details as the bill that had
come down to them from the House of Lords.
Under the Lancastrian's, as I said a little earlier, the Commons made
great progress in developing the powers of the purse and vesting that
power in Parliament.
Under the Tudors, Parliament did not fare so well. Henry VIII would
seize church lands and sell them in order to avoid calling Parliament
into session and asking for money. Elizabeth was very popular, so
during the reign of the Tudors, Parliament did not fare too well.
Elizabeth died in 1603 and James I of England became King.
James I believed in the divinity of Kings. He maintained that the
King was the deputy of the Lord and that to be disobedient to the King
was a sin because it was being disobedient to the Lord. He therefore
made the claim that members of Parliament had no rights except rights
that were accorded to them by the King. He said that they had been
debating and meddling in matters that were beyond their scope, beyond
their capability, and that he, the King, could punish them for
misdemeanors as much while they were sitting as after the session was
over.
The members of Parliament were very incensed about this and so they
drew up what is known as the Apology of the Commons. They presented it
to James. In the Apology of the Commons, they asserted that they, as
members of Parliament, had all the rights and liberties that had been
customary in England for centuries. That they had a right to debate
matters of state and they would do so. They said that the voice of the
people is as the voice of God. Vox populi, vox Dei.
In 1614, James dissolved Parliament, and Parliament did not meet
again for 7 years--from 1614 to 1621.
James had had his problems with Parliament. He was a very arrogant
monarch. He had arrested Sir Thomas Shirley and imprisoned him for
debt. Parliament insisted that members of Parliament, while in session
and on the way thereto and on the way therefrom, were privileged from
arrest for civil causes. This was a prolonged argument. But finally
James acceded to the position of Parliament and agreed that members of
Parliament had freedom from arrest.
Also, there was a disputed election in 1604 between Sir Francis
Goodwin and Sir John Fortescue. The King favored the election of
Fortescue. Parliament decided that Goodwin had won the election.
Finally, after a great deal of back and forth arguments, King James
acceded to the rights of Parliament to determine the qualifications,
returns, and elections of its own members. Never again was that right
challenged.
James dissolved Parliament in 1614 and it never met until 1621. When
it met, of course, the Parliament wanted to discuss the grievances and
James wanted money. He was very hard up for money. But Parliament
insisted on discussing the grievances which had occurred throughout the
past 7 years.
Sir Edward Coke had his old enemy, the Lord Chancellor Francis Bacon,
impeached. Bacon was found guilty of taking bribes and was sent to the
tower.
The members of Parliament presented to the King what is known as the
Great Protestation, in which they stated that they had inherited the
rights of Englishmen from time immemorial and that they had a perfect
right to debate matters of state; they had a right to freedom of
speech, which, as far back as Henry IV, in 1407, had acceded to. Henry
IV, in 1407, had agreed that members of Commons and the House of Lords
were free to speak their minds in Parliament and were not to be
questioned in any other court or place.
Well, a few days later, James, in privy council, tore out the pages--
tore the pages of the Great Protestation out of the journal after
Parliament had been adjourned.
James died in 1625. His son, Charles I, succeeded him, and of course
Charles I believed strongly also in the divine right of kings, and he
and Parliament became embroiled immediately in their arguments.
In 1628 Parliament drew up a Petition of Right, and in that petition,
Parliament stated that arbitrary imprisonment should cease, arbitrary
taxation should cease, and it set forth certain other liberties that
had been infringed on. And the Petition of Right is considered another
great milestone, along with the Magna Carta and the Bill of Rights.
In 1629, Charles ordered an adjournment of Parliament from March 2 to
March 10. When the Speaker started to carry out the order of the King,
the Speaker was seized and held in his chair. And the doors of the
House of Commons were locked and three resolutions were passed quickly
putting the grievances of the Commons on record, after which the doors
were opened and the King's messengers were allowed to enter to get to
take the mace. On March 10, Charles dissolved Parliament. Parliament
did not meet from 1629 to 1640.
In the meantime, Charles brought back the Lord Deputy of Ireland, Sir
Thomas Wentworth--Black ``Tom Tyrant.'' Thomas Wentworth believed in
using ruthless policies. He used ruthless, dictatorial policies in
oppressing and suppressing the Irish. He had long ago ceased to support
Parliament. He believed in using tyrannical methods in dealing with
people.
He advised Charles I that--inasmuch as the Irish rebellion continued
and the Scots had moved into some of the northern counties of England,
Wentworth, who had been given the title Earl of Strafford by Charles I,
advised Charles to call Parliament into session and take action to
raise moneys and so on and drive the Scots out of England. Strafford
advised Charles I that the people of England were anti-Scottish anyhow
and that they would support the King in moving against the Scots. But
as a matter of fact, the Scots stayed in the northern counties and the
people of England applauded the Scots because they did not like Charles
I. The English reaction was not as Strafford had hoped.
So, in 1640 when Parliament met, because Charles had pawned the crown
jewels and sold the crown lands and had exhausted every means of
raising funds, nonparliamentary funds--he had put the country into
debt--so he finally, finally had to call Parliament back in session.
Parliament was not in a mood to give Charles funds. It immediately
took action against Charles' ministers. The Commons had Strafford
arrested and brought him before the House of Lords but there was no
evidence of treason to support an impeachment. Therefore, Commons,
instead of being able to proceed with the impeachment and having the
Lords convict Strafford, resorted to an act of attainder which needed
no evidence of guilt but merely condemned the accused to death.
Charles I had promised Strafford that he, Charles I, would not see
him, Strafford, die; that he would save him, he would stand by him. But
Charles I, out of fear for himself and his family, signed the death
warrant and, on May 12, 1641, Strafford was beheaded on Tower Hill
before a crowd of 200,000 people.
The next year, on January 4, 1642, Charles came down to Parliament
with 400 swordsmen and entered the House of Commons, intending to
arrest John Pym and John Hampden and three other leaders. But they had
heard he was coming and had left, having escaped on the River Thames.
Charles and his 400 swordsmen, of course, were met with cries of
protest and they walked out. This was on January 4, 1642. Matters went
from bad to worse. And on August 22, 1642, Charles unfurled the royal
standard on the meadows of Nottingham. The civil war was on.
London, with 500,000 people, and the south and east of England went
over to Parliament's side. The navy went over to the side of
Parliament. Charles had strength in the northern and western counties
among the well-to-do, the large land holders. The Battle of Marston
Moor was fought on July 2, 1644, and, as a result of that battle,
Charles lost all of the northern counties of England. The next year, in
June 1645, Charles' main army was defeated by Cromwell and Fairfax at
the Battle of Naseby.
On January 6, 1649, Parliament created a high court of justice to try
Charles I of England for treason. The court found Charles guilty of
being a tyrant, a traitor, a murderer, and a public enemy to the good
people of England and declared that his head should be severed from his
body. On January 30, just 24 days later, Charles was beheaded in front
of his palace at Whitehall.
There was an Interregnum from 1649 to 1660. Oliver Cromwell and the
army pretty much took over. England was declared a commonwealth, and
the monarchy and the House of Lords were abolished. In 1654, the army
wrote a constitution called the Instrument of Government. It declared
England a protectorate and Cromwell, who had rejected the offer of the
title of King, was named Lord Protectorate.
Cromwell died in 1658. His son Richard tried to carry on Oliver
Cromwell's policies, but Richard was a weak man and was very
unsuccessful. In 1660, General George Monk, who was commander of the
British occupation forces in Scotland, came down from Edinburgh and
took over London and declared for a free Parliament. A free Parliament
was elected and in 1660 declared that henceforth England should be
ruled by Kings and Lords and Commons.
Charles II, son of Charles I who had been on the continent, came back
to Dover in 1660 and was crowned King. He reigned from 1660 to 1685,
and it was during his reign in 1679 that the Habeas Corpus Act was
enacted.
Charles II died in 1685. His brother, James II, then became King.
James was an arrogant, weak king, and the Whigs and the Tories invited
William of Orange and his wife Mary to England to become the
sovereigns. William of Orange was a grandson of Charles I and Mary was
the daughter of James II.
They reached England in November of 1688. In December, James II left
England forever. He threw the great seal of England into the Thames
River and took refuge in the court of Louis XIV of France, the Sun
King.
In January, the English Parliament drew up a Declaration of Rights
and offered to make Mary and William of Orange joint sovereigns
provided they accepted the Declaration of Rights.
On February 13, 1689, they promised to comply with the Declaration
and were crowned joint sovereigns. In that Declaration of Rights, which
was in December of 1689 incorporated into a statute known as the Bill
of Rights, William and Mary promised and acceded to certain demands set
forth in that Declaration. Levying of money without grants of
Parliament was proclaimed illegal, and trials by jury were assured.
Freedom of speech in Parliament was guaranteed, and excessive fines and
excessive bail were to end. The Bill of Rights, enacted in 1689, gave
to Parliament and the people of England supremacy over the Crown.
The Act of Settlement, which followed in 1701, was enacted to
guarantee that the Stuart line would never again reign in England. And
in the Act of Settlement, we find another very important provision,
namely, that judges were to serve for life, not at the pleasure of the
King. They could only be removed from office by the action of both
Houses of Parliament upon proof of bad conduct.
We have had a brief taste to quench our thirst for water from the
fountain of English liberty, and we have noted some of the great
milestones along the way in the form of the great documents--the Magna
Carta, the Confirmation of the Charters, the Great Protestation, the
Petition of Right, the Apology of the Commons, the Declaration of
Rights, the Bill of Rights, the Act of Settlement.
Let me now, Mr. President, touch upon some of the parallels between
the English constitution and our own Constitution.
The first parallel is that of bicameralism--bicameralism.
Bicameralism, as we have noted, began in the 1340's when the knights
and burgesses separated from the lords into a separate body, and we saw
there the House of Commons emerge.
Now, in our own Constitution, article I provides that, ``All
legislative Powers herein granted shall be vested in a Congress of the
United States, which shall consist of a Senate and House of
Representatives.''
There in article I, section 1 is the bicameralism which grew out of
the colonial experience and from the English experience.
Article I, section 2 provides for the House of Representatives and
how its Members will be elected based on population.
Article I, section 3 speaks of the Senate and states that its Members
will be selected by the State legislatures. At first they were not
elected by the people. They were selected by the legislatures of the
States.
The seventeenth amendment providing for the election of Senators was
ratified in 1913.
We will recall that during the reign of Edward III in the year 1377,
the first speaker so-called was selected for the House of Commons. His
name was Thomas Hungerford.
In article I, section 2 provision is made for an election of Speaker
in the House of Representatives.
Also, in article I, section 2, it is provided that Members of the
House shall be inhabitants of the States in which they are chosen.
Article I, section 3 says that Senators shall be inhabitants of
States for which they are chosen.
Now, from where did this come? Well, this came about in England as a
result of the packing of Parliament by the kings. Sheriffs would
announce as their nominees, knights who were not residents of the
counties which they were to represent. Therefore, in 1413 legislation
was passed by Parliament providing that the members of Parliament
should reside in the areas that they were to represent, and that act
was repeated in 1430 and again in 1445.
Our Constitution therefore picked up on that.
One of the things that we saw throughout English history was the
proroguing, dissolving, adjourning of Parliament by the kings. We saw
that, from 1614 to 1621, no Parliament met. We saw that from 1629 to
1640, 11 years, Parliament did not meet.
So the members of Parliament had no opportunity to voice their
grievances. They had no opportunity to make the power of the purse
work. And that was cured finally in the Bill of Rights, in 1689, which
provided that Parliament would meet often. Article I, section 4 of our
U.S. Constitution provides that Congress shall meet annually. So we can
see the parallel there.
I spoke a little while ago about Sir Francis Goodwin and Sir John
Fortescue, and the disputed election involving both men. We saw that
the outcome was that Parliament won the dispute with King James I. He
acceded to the position of Parliament that it had the right to be the
judge of the returns, elections, and qualifications of its own members.
That right was never again challenged.
In our own Constitution, article I, section 5, gives each house of
the Congress the right to judge the qualifications, elections and
returns of its own members.
In article I, section 6, Members of the Congress are protected
against arrest on civil causes while Members are in session, while they
are on their way to a session, or while they are on their way from a
session. We traced that back earlier to the matter involving Sir Thomas
Shirley, who was imprisoned for debt. James I had quite a prolonged
disagreement with the Commons. But Commons prevailed.
Article I, section 6, also provides that Members of the House and
Senate have freedom of speech and debate in either House and shall not
be questioned in any other place.
We saw that in 1407, Henry IV acceded to that position on part of the
Commons, and stated that members of both Houses should be free to speak
their will. Moreover, the English Bill of Rights of 1689 specifically
protected freedom of speech in Parliament.
Article I, section 6, also provides that no person holding any civil
office under authority of the United States may be a Member of the
House or the Senate. Under article I, section 6, no Member of Congress
may accept any office for which the emoluments have been increased
during the term for which he was elected. That is a separation of
powers matter, resulting from another parallel in British history, that
being that the Kings would try to pack Parliaments with their
favorites--Members of the House of Commons who drew pensions or other
benefits from the Government. Parliament put a stop to that. And we
find that provision in article I, section 6 of the Constitution.
Article I, section 7, provides that bills be passed in both Houses
and presented to the President. If he agrees to the bill, he signs it.
If he disagrees, he may veto it. How did that come about?
Prior to the 14th and 15th centuries, the King, sitting with the
privy counsel, promulgated the law in the form of ordinances. Later, in
the time of Edward I, Edward II, Edward III, the knights and burgesses
presented petitions to the King even without the support of the nobles.
The King and his ministers might incorporate those petitions into a
statute. They might change this or that detail, or they might even do
nothing.
So the members of Commons, the middle class, the knights and
burgesses, were able to have their views put into a petition. If the
King accepted the petition, then he and his ministers would perhaps put
it into a statute, often with some changes.
In the time of Henry the IV, bills were substituted for petitions, so
that the bill contained the statute in the form that the members of
Parliament desired. When the King received the petition, it was in the
form of a bill. He could no longer change it. The bill contained the
statute.
The bill carried the statute in the form that it was to become law.
The Kings and their ministers could no longer make changes. The King
either signed the bill in its entirety, or he could refuse to sign it.
Therefore, in article I, section 7, we see that bills from the Congress
go to the President, and he may sign each bill or he may veto it. He is
not to change it. He has no line-item veto. He is to sign it or reject
it in its entirety.
In article I, section 9, we see the power of the purse. In article I,
section 9: ``No money shall be drawn from the Treasury, but in
consequence of appropriations made by law.'' And this is the milk in
the coconut, going back to the Magna Carta. As a matter of fact, the
first rudimentary appropriation occurred in the reign of Ethelred II,
978 to 1016, in the form of the Danegeld, which was a land tax, and was
agreed to by the witenagemote. It had certain limitations, the
limitations being that the tax was to be spent to deal with the
requirements of the Danish invasion. It was not to be used to pay off
the previous debts.
So here was a rudimentary appropriation, which had conditions and
limitations agreed upon by the witenagemote. By the time of Edward III,
it was becoming customary to attach conditions to money grants.
Article I, section 8 provides that Congress shall have power to levy
and collect taxes. We have traced this power through the centuries. We
saw it in clause XII of the Magna Carta. We saw it again in the
Confirmation of the Charters in 1297 at the time of Edward I. We saw it
in the English Bill of Rights in 1689, which made the Commons supreme
over the King, because its power over the purse was secure.
Article III, section 1 provides that judges shall hold office for
life, and can be removed only for bad behavior. That parallel was found
in the Act of Settlement in 1701, during the reign of William III--Mary
had died--and, of course, that provision has come down to us from the
English model.
Article III, section 3 provides that no person shall be convicted of
treason except on the testimony of two witnesses to the same overt act,
or as a result of confession in open court. The English Treasons Act
was enacted in 1696, and provided that no person should be indicted or
tried for treason except upon the testimony of two lawful witnesses.
Then, of course, the due process clause in the 5th and 14th
amendments, as I say, really had its origination in the Magna Carta,
paragraph 39, which said that no freeman should be dispossessed of his
property, imprisoned, exiled, except by the judgment of his peers and
``according to the law of the land.'' ``The law of the land,'' that
phrase appeared from time to time in English history, and the words
``due process'' in the U.S. Constitution can properly be said to have
their basis in that phrase.
The eighth amendment to the Constitution has to do with excessive
bail and fines.
The English Bill of Rights declared that there should be no excessive
bail required and no excessive fines imposed, and we find that in our
own amendment No. 8 to the United States Constitution. We are protected
against excessive fines and excessive bail.
Mr. President, we have been able to follow through the long course of
the centuries the rights and freedoms and the guarantees of those
rights and freedoms, long in the English Constitution. And we found
that the central pillar of that English Constitution, like we found in
the history of the Romans, was the power over the purse. When the Roman
Senate gave away its power over the purse to the dictators and to the
emperors, it gave away its power to check the executive.
Therefore, we should be instructed by these histories--the history of
the Romans and the history of the English peoples--that the power of
the purse is the central strand in the whole cloth of Anglo-American
liberty. I am somewhat proud to be of English and Scottish descent. I
do not go around calling myself an Anglo-American. I think there are
too many of these hyphenated Americans. We are all Americans. We were
born in this country. I am an American, not an Anglo-American. I am an
American.
We should understand that the English model was the root of our own
system and our Constitution. The colonial governments were built upon
the English model. The English model of a bicameral legislature was
translated to the colonies in the form of houses of representatives
freely elected by the people, and upper houses or councils, the members
of which were appointed by the Royal Governors.
The power of the purse did not come to us by chance, and this is such
a matter of importance that I am chagrined, really amazed, that so
little attention is being given to the votes that will occur tomorrow,
so little attention being given by the press--now and then there is a
column or an editorial--so little attention being given by the Members
of the two bodies, so little attention being given by the people. In
the 1830's or 1840's or 1850's, the galleries would have been filled to
overflowing by people from this city. The carriages would be a dozen
deep waiting on the outside, carriages that brought interested citizens
to listen to the debates. The papers would have been filled with
stories about the balanced budget.
I cannot conceive of Daniel Webster or Calhoun or Clay or Benton of
Missouri, any of the great Senators of all time voting for a
constitutional amendment on a balanced budget. They treasured too much
this balance of powers and separation of powers, checks, and balances.
They knew Plutarch, Polybius, Cicero, Demosthenes, Tacitus. They knew
about classical Greece and classical Rome. They knew about Plato. They
would never have supported a rape of the Constitution such as we see in
this constitutional amendment on a balanced budget. They would have
spoken out against it. And if we had had radios and televisions in
those days of the 1800's, the airwaves would have been filled with
protests because this would have been a matter of great moment to the
people of the country. And it is a matter of great moment to the people
of the country today. What are we talking about? The Olympics? What
stories occupy the front pages? Certainly not the balanced budget.
Let me just simply say that this is a vital matter in its outcome and
effect on the children and grandchildren of all of us, and to all
posterity to come. Once this power of the purse, once this Constitution
has been amended to destroy the separation of powers and checks and
balances, then we have destroyed our structure of government, we have
destroyed a Constitution of over 200 years, and the legacy that we will
hand on to our children will not be something for which they will rise
up and call us blessed.
Kipling wrote a bit of verse, ``The Reeds of Runnymede,'' Runnymede,
where the great Charter was signed by King John in 1215:
At Runnymede, at Runnymede,
Your rights were won at Runnymede.
No freeman shall be fined or bound,
Or dispossessed of freehold ground,
Except by lawful judgment found and passed upon him by his
peers!
Forget not, after all these years,
The charter signed at Runnymede.
I yield the floor.
The PRESIDING OFFICER. At this time the Chair recognizes the Senator
from Nevada, Senator Reid.
Mr. REID. Mr. President, I wonder if I could enter into a dialog with
my friend from Utah and the President pro tempore of the Senate. I have
some speakers that would like to come to the floor. I am wondering if
we could arrange some time during the day so they do not have to come
and wait around. Senator Feingold, for example, wants to come at 1:30
for 15 minutes. Does the Senator have a speaker at that time?
Mr. HATCH. If the Senator would yield, I am happy to accommodate the
Senator. We have four right now who would like to speak, as well. I
would be happy to alternate.
Mr. REID. That would be fine.
(Mr. DORGAN assumed the chair.)
Mr. HATCH. Do you have anybody to speak right now?
Mr. REID. I want to speak for just a few minutes.
Mr. HATCH. Senator Murkowski will be here at 1:15. I ask unanimous
consent that when he arrives he be given an opportunity to speak.
Mr. REID. How long does he wish to speak?
Mr. HATCH. I believe he wants about 15 minutes.
Mr. REID. Could I have Senator Feingold speak when Senator Murkowski
finishes?
Mr. HATCH. Yes.
Mr. REID. And then Senator Dorgan wishes to speak, and we will
arrange that.
Mr. HATCH. Senator Burns would like some time today, so I would ask
him to get over as soon as he can. And Senator Durenberger would also
like to speak. I would be happy to work in every way with my friend and
colleague.
Mr. REID. I thank the Senator
I want to compliment the Senator from West Virginia, the President
pro tempore, for his wide-ranging accounting of the history of the
power of the purse. The encyclopedic memory of the Senator from West
Virginia is truly a marvel.
Senators and others listening, I am sure were aware that his speech
dealing with history, including the reign of the British monarchs, was
without notes, entirely from memory, including the spelling and the
dates that they held office.
I wish to compliment the Senator from West Virginia, as well, for his
stalwart defense of the congressional power of the purse. As Senator
Byrd has explained, the English-speaking world has vested power over
taxing and spending primarily with the legislature since before the
English civil war of the mid-1600's. This decision to lodge fiscal
powers in the Government unit with ties close to the taxpayer resulted,
in significant part, from the practical expedient that those
legislators could most ably assess the ability of taxpayers to
contribute.
Shifting this power away from Congress would result in less
representative democracy. And shifting the powers to the President and
the courts is exactly what the Simon amendment would do.
The Danforth amendment to the Simon amendment limits somewhat the
involvement of the courts enforcing the constitutional amendment. But
neither the Simon amendment nor the Danforth amendment to the Simon
amendment limits the powers of the Executive.
In contrast, section 5 of my amendment explicitly precludes a
President from claiming new impounding powers. As a consequence, under
the Simon amendment, the President who has taken an oath to uphold the
Constitution will have taken an oath to enforce article 1 of the Simon
amendment. That section says: ``Total outlays for any fiscal year shall
not exceed total receipts for the fiscal year.''
If late in the fiscal year, the Director of the Office of Management
and Budget feels the outlays are exceeding revenues, then, under the
Simon amendment, the President will have the constitutional duty to
impound funds to prevent a violation of the Constitution. Of course,
the sad part about that is that the President will also have the
pleasure of choosing which programs he wishes to cut in order to ensure
that the Constitution is enforced.
I say to Senators, especially those who represent small States by
virtue of population: Which programs would he be most apt to cut? Of
course, those that would affect small States.
This power will significantly enhance the power of the President
relative to the Congress.
Earlier today, the senior Senator from Utah complained that my
amendment would run contrary to the fifth amendment rights of due
process because my amendment prohibits the courts and the President
from enforcing the amendment. That says it all.
But it is the Simon amendment, Mr. President, that will threaten the
rights of American citizens.
Let me read from the testimony of one constitutional expert, Louis
Fisher, of the Congressional Research Service before the Appropriations
Committee.
Mr. Fisher said:
Mr. Chairman, you talked about the power of the purse, and
one thing that occurs to me that with the fall of the Soviet
Union my institution, CRS, is visited all the time by
countries in Eastern Europe, and Russia, and other countries.
And what they study when they come here and what they are so
impressed by is Congress as an institution. They marvel at
Congress, a coequal, independent body, capable of checking
the presidency, because they are used to a system in which
power is concentrated in the executive. . . .
And I would say that the power that makes Congress very
distinct, particularly from other parliamentary governments,
is the power of the purse.
That is where our Founding Fathers deliberated and with this great
ability did that to make our system of government very unique.
Mr. Fisher went on to say:
And the framers were so familiar to make sure that that
power was put in Congress to protect not just Congress as an
institution but to protect individual citizens. That is how
liberties are protected.
I think if the balanced budget amendment were adopted as we
have said it would give the President new leverage over
impoundment and an item veto, moving money around, and that
would give the President leverage over you and other Members
because the President could use that not just in the
budgetary arena but everywhere.
If the President wants a treaty passed, if he wants a
nomination to go through, if the President, as they all do,
has a special spending project that he wants, he can come and
tell you that there is something in your district that is on
the table to be canceled, my budget bureau is looking at it,
it looks as though we might have to ax it, but while I'm
talking to you I would like just to know what you are going
to do next week on the vote on that nominee or on the treaty
or spending package.
And this is leverage that would be so destructive to
Congress as an institution, and if Congress is destroyed--I
think worldwide we know that an independent legislative
branch is a guarantee for individual liberty.
Just another remark on this issue of respecting the
Constitution. I think in recent years we have gotten into the
habit of thinking that the court, particularly the Supreme
Court, is the guarantor of the Constitution. But I think you
know, if you look over the last 200 years, that all three
branches participate in that process. I would say in terms of
behavior Congress to my mind is at the top in protecting
rights and liberties and in respecting the Constitution.
It is precisely to avoid this diminution of powers of the Congress at
the expense of the executive branch that section 5 of my amendment
provides that Congress and only Congress shall enforce the Reid
amendment when it becomes part of our Constitution. The Simon amendment
fails to protect against the power grab by the executive branch, and
this is, in my opinion, a fatal, fatal flaw.
Mr. HATCH. Once again Senator Reid argues that Simon/Hatch implicitly
grants to the President authority to impound funds, to suspend the
operation of spending measures, or to rescind earmarked funding
measures.
Admittedly, the law of Presidential impoundment is far from clear.
However, the plain meaning and the structure of Senate Joint Resolution
41, buttressed by its legislative history, indicate that the amendment
does not grant to the President any additional authority, and, in fact,
is intended only to circumscribe Congress' taxing, borrowing, and
spending powers.
Specifically, section 1 of Senate Joint Resolution 41 directs that
outlays exceed receipts only if three-fifths of both Houses of Congress
vote so provide. The only mention of the President is in section 3,
which requires that the President submit a balanced budget to Congress
for each fiscal year.
This view is supported by the committee report and prior floor
debates, which make it clear that the amendment grants to the President
no new additional authority.
Finally, section 6 of the BBA mandates that Congress promulgate
enforcement legislation. This is a strong indication that Congress, and
not the President, has the exclusive authority to establish a mechanism
to ensure a balanced budget. The President's constitutional role is
limited to enforcing that legislative mechanism.
In any event, impoundment authority is probably irrelevant. Although
the Supreme Court has not decided the issue whether the President
possesses constitutionally inherent executive impoundment authority, it
has held that the President may not impound funds when Congress
mandates that the sums be spent. Kendall v. United States ex rel
Stokes, 37 U.S. (12 Pet.) 524 (1838). See State Highway Comm. v. Volpe,
479 F.2d 1099 (8th Cir. 1973); Nat'l Council of Community Health
Centers, Inc. v. Weinberger, 361 F.Supp. 897, 900 (D.D.C. 1973).
This implicitly supports the position that, even if the President
possesses limited impoundment authority, Congress could protect its
constitutional and institutional prerogatives by promulgating detailed
enforcement legislation pursuant to section 6.
Once passed, such legislation would trump any conflicting
presidentially created enforcement procedure such as impoundment
because the President must enforce the law Congress creates.
Mr. REID. I ask my friend from Vermont if he wishes to speak?
Mr. LEAHY. Mr. President, I say to my good friend from Nevada, as he
knows, because he was here, I have waited for the last 2 or 3 hours
hoping to get a chance to make a short statement which will probably
take me about 10 or 11 minutes, at best.
Mr. REID. Is this in relation to the balanced budget amendment?
Mr. LEAHY. Yes.
Mr. REID. I would simply ask whose time would the Senator want to
use?
Mr. LEAHY. Mr. President, how much time does Senator Byrd have?
The PRESIDING OFFICER. The Chair would advise the Senator from
Vermont that the Senator from West Virginia has 13 minutes remaining.
Mr. LEAHY. On the Simon amendment?
Mr. REID. We have divided up the time by four, and he used 2 hours
and 1 minute. We each have 2 hours and 15 minutes.
Mr. LEAHY. Mr. President, maybe I should vote with Senator Simon so I
could have more time to talk about this.
Mr. REID. I thought my colleague said his statement only took 10
minutes.
Mr. LEAHY. I am sure--yes, I will seek to be recognized for 10
minutes.
The PRESIDING OFFICER. The Chair will advise that the Senator from
West Virginia controls 13 minutes for the remainder of the day under
the previous unanimous consent agreement. The Senator from West
Virginia would control that time.
Mr. REID. I am sure Senator Byrd, if he needs more time--we can work
something out if he personally needs more time. So, unless there is
some objection, go ahead and use Senator Byrd's time. If he needs more
time, we will work that out.
I note for the Senator this is very tight because Senator Murkowski
is due here about 1:15.
Mr. LEAHY addressed the Chair.
The PRESIDING OFFICER. The Chair will inquire of the Senator from
Vermont if he is seeking recognition and, if so, under what provisions
of time?
Mr. LEAHY. Mr. President, I ask to be recognized for 10 minutes under
the time controlled by Senator Byrd, the Senator from West Virginia.
The PRESIDING OFFICER. Without objection, it is so ordered. The
Senator from Vermont is recognized for 10 minutes.
Mr. LEAHY. We have heard everybody from the Founders of the
Constitution to eminent columnists quoted in this debate on the
balanced budget amendment. I have read these quotes. I have read the
columns. I have read the various editorials. But I thought, considering
the fact that some of the debate on both sides has become somewhat more
simplistic, I would draw my inspiration not from the CBO or OMB or GAO.
I thought I would go to that famous philosopher, the Cowardly Lion in
the Wizard of Oz.
Balancing the budget is not about baseline and sequesters. To quote
the Cowardly Lion from the Wizard of Oz, it is about courage. Let me
tell you what he might say about this debate:
What makes a king out of a slave: Courage.
What makes the flag on the mast to wave? Courage.
What makes the elephant charge his tusk, in the misty mist,
Or the dusty dust,
What makes the muskrat guard his musk? Courage.
What makes the Sphinx the seventh wonder? Courage.
What makes the dawn come up like thunder? Courage.
What makes the Hottentot so hot?
Who put the ape in apricot?
What have they got that I ain't got? Courage!
Mr. President, the Cowardly Lion finally got his courage. Now, we
ought to get a little. We do not need a constitutional amendment to
balance the budget. There are only three ways to lower our budget
deficit--cut spending, raise taxes, or a combination of both. And the
last time I looked, Congress has all the constitutional authority to do
these.
As the Cowardly Lion points out, courage is not something given to
you. It comes from within.
Since the beginning of Reaganomics, the White House, with too much
complicity from Congress, has been living in a dreamland in Oz, a
dreamland where we could spend more, tax less, and still balance the
budget. Anybody outside of Congress and outside the administration knew
that was impossible. And $3 trillion of debt later we know all too well
that Reaganomics was an economic nightmare.
Fortunately, the American people gave Congress a wake-up call in
1992, and they voted for a change. Working with President Clinton,
Congress has begun to get our fiscal house in order. Last year,
Congress passed the largest deficit reduction package in history, and
the annual deficit fell over $35 billion. Over the next 2 years, annual
budget deficits are estimated to decline even further. The last time we
had 3 years of declining budget deficits was when Harry Truman occupied
the White House.
We must continue to work toward a cure for the deficit disease. But
we are not going to do it by selling the American people a snake-oil
remedy. Congress must face our spending choices honestly. We have to
make tough and painful decisions.
The balanced budget amendment, if approved, would let Congress off
the hook. But not the American people who would then be at the mercy of
spending decisions that had been taken out of the hands of their
representatives. In fact, some might call the balanced budget amendment
a full-employment lawyers benefit package. The amendment could triple
the number of lawyers in this country, a sobering thought if ever there
was one. And even then, these lawyers would be unable to handle all the
court cases we would see under a balanced budget amendment.
Here is the stark reality of what would happen under the balanced
budget amendment, just in one small State, my own State of Vermont.
Across-the-board spending cuts are going to hurt the most vulnerable in
my home State. The Treasury Department estimates that these blanket
reductions would cut, per year, $1,068 for the average Social Security
recipient, $759 for each person on Medicare; $439 less for each
Medicaid recipient. We would cut money to fight crime, to build
highways and bridges, to protect the environment and educate our
children--all of that would be cut.
The balanced budget amendment, if we have courage, is unnecessary.
But it is also dangerous. It would demean the Constitution, would
endanger our economy, and throw the budget process into the courts. The
U.S. Constitution is perhaps the most treasured document of governance
in history. Its system of checks and balances and individual rights is
genius in its elegance and its simplicity.
Those who would alter this charter have a very, very heavy burden of
proving the merit of amendments. They must prove the amendment has so
much merit that it could bring about this change after 200 years of a
Constitution that has worked so well. I think the proponents of the
balanced budget amendment have not met this burden. The balanced budget
amendment would invite the worst kind of cynical evasion and budget
tricks. The overwhelming temptation will be to exaggerate estimates of
economic growth and tax receipts, underestimate spending, and use all
kinds of accounting ruses.
You think we have a separate set of books now? This amendment is
going to amaze even the best accountants. We have seen far too much of
this as Congress wrestled to meet past statutory targets. With Congress
facing a constitutional mandate, you are going to see bobbing and
weaving moves that make the Olympic slalom races look like they are a
straight line.
In passing a constitutional directive that will inevitably encourage
evasion, we invite scorn not only toward Congress, but toward the
Constitution itself. Let us not debase our national charter in a
misguided political attempt to show the American people that we finally
mean business on the deficit. The way we prove that we mean business is
to pass specific, politically painful legislation that reduces our
debt.
Look at the economic disaster that could occur during recessions.
Deficits rise because tax receipts go down and various government
payments, like unemployment insurance, go up. This amendment requires
that taxes rise or spending falls. As Herbert Hoover discovered back in
1930, that is precisely the wrong medicine at the wrong time.
Of course, the amendment's sponsors tell us a supermajority, 60
percent of both Houses of Congress, could waive the balanced budget
requirement at any time. What they are saying is that a minority of 40
percent, can control the economic destiny of this country. I vote for
majority control, not for minority control. Our economic policy has to
be flexible enough to accommodate an ever-changing economy, an
impossible task when 21 States in the Senate, 21 States of whatever
size, could hold the budget hostage in times of economic emergency.
As I said before, the balanced budget amendment will surely throw the
Nation's fiscal policy into the Federal courts. That is the last place
issues of taxing and spending should be decided.
This amendment flatly states that ``total outlays for any fiscal year
shall not exceed total receipts for that fiscal year * * *'' Who is
going to determine an ``outlay'' or a ``receipt''? What happens if
revenue projections are off and outlays do exceed receipts? Does the
President then have the unilateral authority to cut programs? Do the
courts? The amendment is a full-employment opportunity for lawyers in
this country.
The President and a minority of Congress would undoubtedly clash
about answers to all these questions, and the Federal courts would be
called upon to decide them as a matter of constitutional law--perhaps
in thousands of taxpayer lawsuits brought by individuals challenging
particular Government funding decisions across the country. Answering
these questions could take years, working their way up to the Supreme
Court, before a final decision is made.
Constitutional scholars like Larry Tribe and Robert Bork may not
agree on many things, but one thing they do agree on is that a balanced
budget amendment would flood the courts with unwieldy, unmanageable
lawsuits to straighten out the budget years after the fact.
They also agree that it will kick massive responsibility for how tax
dollars are spent to unelected Federal judges.
A balanced budget amendment is not a cure for the deficit disease,
but a prescription for controversy and gridlock among the branches of
Government. It would grossly alter the separation of powers that has
stood for over 200 years as a testament to our Founding Fathers'
wisdom. The debts of voodoo economics will be paid off by future
generations. Do we really want to inflict posterity with voodoo
constitutionalism as well?
Let us put an end to this debate on a balanced budget amendment to
the Constitution. Congress needs to move beyond this gimmick--a gimmick
that is not only unnecessary, but also dangerous. We need to begin
debating the real issues facing the American people--health care
reform, welfare reform, the crime bill and specific deficit reduction
measures. And we need to do it now.
Let us not trivialize the Constitution with Government-by-gimmicks.
I retain the remainder of Senator Byrd's time.
The PRESIDING OFFICER. Who yields time?
Mr. REID. Mr. President, under a previous agreement, Senator Hatch
has yielded 15 minutes to the Senator from Alaska.
The PRESIDING OFFICER. The Senator from Alaska [Mr. Murkowski], is
recognized for 15 minutes.
Mr. MURKOWSKI. Mr. President, I wish you a good morning, and my
colleagues as well.
I rise today in opposition to the amendment pending offered by my
distinguished colleague from Nevada, Senator Reid. As we reflect on the
issue of a balanced budget, Mr. President, I can not help but recall in
1986 unloading the mail on the Capitol steps with a number of other
colleagues. That mail was a public outcry concerning the merits of a
balanced budget.
Today we are addressing that same issue, as it remains unresolved.
Just a few days ago, we had an opportunity to see another truckload of
mail come in from all over the country with regard to the balanced
budget and the necessity of recognizing that, indeed, what we are faced
with is a fiscal crisis.
While I listen to my distinguished colleagues consider various
criticisms regarding the balanced budget amendment, I cannot help but
reflect on the bottomline reality, and that is that we are now
borrowing in excess of $200 billion--as a matter of fact $212 billion--
to pay interest on our accumulated 4.5 trillion dollars' worth of debt.
Many of my colleagues seem to think that this can go on for a
considerable length of time or that we could correct it by initiating
specific spending cuts.
But history indicates, Mr. President, that we simply do not have the
self-discipline to do that. We do not have the self-discipline to
address the entitlements, to freeze the entitlements, reduce the rate
of growth of the entitlements. We have very little discretionary
spending left, so now we are jockeying around again to find some other
alternatives.
There are basically two alternatives. Perhaps some of my friends
would suggest that given enough time, we are going to come up with a
third one. There is a third way. You either increase revenues or reduce
spending.
The balanced budget amendment would mandate a balanced budget. And it
puts the responsibility where it belongs as opposed to using the excuse
that somehow we should have the self-discipline that we do not have. I
think we are at a crucial time relative to the economic viability of
our Nation, because this simply cannot go on and the significance of
this debate is that we have an opportunity to do something about it
now.
The amendment pending by the Senator from Nevada purports to be a
substitute for the balanced budget amendment that I am cosponsoring
with Senators Simon and Craig. Yet, even a cursory reading of the
amendment shows that this amendment in itself will not even remotely
serve to balance the budget.
Quite the contrary, if this amendment is adopted, we will have
abandoned once more any hope of our Nation's deficit coming under
control, for this amendment is so transparently flawed that it is
impossible to believe that it is being offered as an alternative to a
balanced budget amendment. If this substitute is adopted, it will be
proof positive that this institution again will stop at nothing to
avoid facing our fiscal responsibilities.
Mr. President, the central element of this substitute is the
requirement, and I quote:
Total estimated outlays of the operating funds of the
United States for any fiscal year shall not exceed total
estimated receipts to those funds for that fiscal year.
In defining--and I do not think we have really reflected on this--in
defining ``operating funds,'' the substitute excludes so-called capital
investments. Well, Mr. President, what are capital investments? As the
President's budget analysis correctly recognizes:
The classification of spending into investment or current
outlays is a matter of judgment.
Who is going to exercise the judgment on whether spending should be
placed in the operating budget or the capital budget? Should this
language be included in the Constitution, I am certain that we will
have endless debates between the Congressional Budget Office, the
Office of Management and Budget, and every agency of Government in
trying to decide the appropriate allocation of spending between capital
and operating expenses.
Mr. President, for several decades, the Federal budget has included
general classifications relating to capital and operating expenses. In
general, capital investments--and this is what is excluded in this
amendment--capital investments have included physical investment in
terms of research, development, education, and training. The National
Performance Review contained a far narrower definition of investment to
include only common commercial-type products used to support the
delivery of Federal services--office buildings, computers, hospitals,
automobiles, and similar physical products.
However, the National Performance Review [NPR], excluded investments
in military weapons systems and bases, as well as special purpose
capital projects such as the space station and dams.
Mr. President, some economists would contend that human capital
investments--and mind you, capital investments are excluded--human
capital investments should be included in capital spending on the
theory that such necessities as childhood immunization, maternal
health, and substance abuse treatment programs all promote less costly
future health problems. That is true. But the list of capital human
investment projects is absolutely endless, and we all know it. Yet,
they are excluded in the sense of coming under capital investments.
The loopholes that such an exemption creates would, in essence, make
the amendment meaningless, Mr. President.
There is another aspect of this capital investment exception that I
would like to discuss, and that deals with the issue of how to treat
grants to States and local governments. Currently, for some grants to
State and local governments, the recipient jurisdiction, not the
Federal Government, ultimately decides whether the money is used to
finance the investment or current operating expenses. How will the
Federal Government categorize these grants?
Currently, community development block grants are classified in the
Federal budget as physical investment even though some of these grants
may be spent for operating current programs. By contrast, general
purpose fiscal assistance is classified as current spending, although
some of the money may be spent by recipient jurisdictions on physical
investments. We will have an endless debate on these issues with no
practical solutions should the current amendment be adopted.
As anyone can see, the capital investment exception contained in this
substitute could be used to effectively take hundreds of billions of
dollars of Federal spending simply off the table and give the American
people the illusion that the Federal budget is being balanced. In fact,
if we use the historical definition of Federal investment outlays that
is included in the President's current budget, $239 billion of Federal
investment would not be counted as Federal spending in the fiscal year
1995 that we are soon to consider.
In other words, under the proposed Reid substitute, the Federal
budget deficit for fiscal year 1995--$176 billion--just disappeared,
went into thin air because we decided not to count so-called capital
investments. This is simply an accounting gimmick and nothing more, and
the American people will not be deceived by this subterfuge.
The exclusion of investment capital from the budget calculation will
not reduce spending. It will not save us a single dime in the amount of
interest we will have to pay out to service that $4.5 trillion debt.
What it will do is feed cynicism about the budget process as practiced
in our Nation's Capital.
One other thing, Mr. President, and that is the exclusion of Social
Security and disability insurance spending. This is very troubling
because section 4 of the substitute excludes outlays from the Social
Security and disability insurance trust funds from being counted in
determining whether the budget is balanced.
What this section of the substitute does is for the first time in our
history enshrine in our Constitution a program created by statute, in
this case the Social Security and disability insurance programs. I
assume the authors of this substitute think it is unnecessary to count
Social Security outlays because the program is currently running a
surplus. But as we all know, Mr. President, in the next 30 to 35 years,
that surplus could very well turn into a deficit. How are we to then
account for so much spending? Will we just go on another borrowing
spree unfettered but any limits?
Finally, Mr. President, we do not have to wait 30 years to address
the trust fund issue? We only have to look down the road to fiscal 1996
with regard to disability insurance trust funds. Let me quote from the
administration's budget.
The balances of the Social Security disability insurance
trust funds are expected to be exhausted in 1996.
Mr. President, all of us know that over the next year we are going to
reallocate payroll tax rates to ensure that disability insurance trust
funds do not go into bankruptcy. Yet under the substitute amendment we
are considering, there is no urgency to change the formula. A deficit
in the fund can be made up by simply borrowing--again more borrowing--
and it will simply not be counted as part of the deficit. In addition,
it is certainly possible that we could add other programs to the
disability fund to cover medical services now provided by Medicaid or
the Indian Health Service or children's health or any one of a series
of social insurance programs. And under this substitute, these programs
would not be covered under the balanced budget amendment.
Mr. President, this substitute should be rejected. It would
exacerbate public mistrust of Congress and would in this Senator's
opinion make it simply impossible to ever get us out from under the
mountain of debt that threatens to bankrupt this Nation.
Mr. President, I am sure that many of the American people wonder just
what kind of witchcraft we are up to here when we talk about a budget
process that is anything more than revenues and expenses. The American
public simply does not understand how this process can go on in the
sense that we go through the budget; we have our revenues; we have our
expenses; and then everything else we need we add to the deficit. The
American public is interested in the reality of fiscal responsibility.
That suggests you balance your checkbook, and if you do not have it in
your account, your checks bounce.
So, Mr. President, we are spending 14 percent of our budget
currently--14 percent--on interest on that debt. We are borrowing to
pay that debt, about $212 billion in interest. It simply cannot go on,
Mr. President. We have seen what Gramm-Rudman 1 has done, Gramm-Rudman
2; we have seen the 1990 tax proposals, and we have changed each time
the circumstances under which these legislative corrections were
intended so that we could continue to spend, so that we could continue
to add to the deficit.
The reality is the American people know, Mr. President, we are going
to have to pay the piper. And we are passing an opportunity on now as
we consider the merits of a balanced budget amendment simply to a
future time when we are going to have a crisis, and it is going to be
that much more difficult to take care of.
So I would urge that my colleagues reject the pending amendment from
my good friend from Nevada and support the Craig amendment which is the
balanced budget amendment.
Furthermore, Mr. President, I know that many people are concerned
with the effects that this may have on the vulnerability of States and
various programs, but I can tell you the people of my State are more
concerned about the survival of our system and are willing to make
sacrifices if necessary to get Government back on track, back to fiscal
responsibility, and there has to be a time to do it. I suggest this is
the time.
Finally, Mr. President, I ask unanimous consent that an article which
appeared in the Anchorage Daily News, Friday, February 25, in a section
under the Anchorage Times, be printed in the Record.
There being no objection, the editorial was ordered to be printed in
the Record, as follows:
[From the Anchorage Daily News, Feb. 25, 1994]
Stop Us, Please
As Congress moves forward on a proposed amendment to the
U.S. Constitution to require a balanced federal budget, one
can detect a plea for help from the nation's Capitol. It's
like the desperate message of the serial killer written on
the wall of his latest victim: ``Stop me, before I kill
again.''
The fact of the matter is Congress has been slowly killing
this nation with its inability to control spending. The
numbers are staggering a $4.5 trillion national debt,
expected to be over $6 trillion before the end on this
decade. Six trillion dollars, by the way, is
$6,000,000,000,000--and that's borrowed money on which
taxpayers must pay interest each year. Over the next five
years, interest on that borrowed money will amount to some
$1.2 trillion.
Think of all the domestic programs, defense expenditures,
health care, education improvements, whatever, that $1.2
trillion could buy. Instead it must go to interest payments
on the deficit.
For decades politicians have pledged to do something about
the horrible spending spree situation. The nation has seen
promise after promise come and go. Well-meaning plans, like
the Gramm-Rudman balanced budget law of the last decade,
appeared sincere but wound up accomplishing nothing.
Entitlement programs like Medicare and other federal
programs to fund highway construction, fight crime, support
education and so forth have continued to grow despite the
best intentions of the administration and the Congress.
The balanced budget amendment would be a drastic solution.
It would require the federal government starting in the year
2001 to balance spending and revenues each year. Only by a
vote of three-fifths of both the House and Senate could
spending exceed revenues in any particular year.
As a constitutional amendment, rather than a law, the court
would have the authority to force Congress to fulfill this
obligation. The amendment would work, but it would be
painful. An estimated $400 billion to $500 billion would have
to be trimmed from annual federal spending by 2001, unless
massive new taxes are levied.
For the balanced budget constitutional amendment to pass it
will take a vote of two-thirds majority in the Senate and
House. Then three-fourths of the states will have to ratify.
The Clinton administration and key Democrats in Congress
are marshaling their supporters to stop the amendment. They
don't want to be constrained from spending more money to
implement new domestic programs. Many special interest groups
are also out in full force to derail the move.
Alaska's congressional delegation needs to hear the
sentiment of Alaskans. Let Sens. Ted Stevens and Frank
Murkowski and Rep. Don Young know they have your support to
balance the budget.
Mr. MURKOWSKI. I would conclude by stating that this editorial is
pleading to the Congress of the United States to address the
opportunity before us to stop this process of runaway, fiscal
irresponsibility and take the medicine now by adopting a balanced
budget amendment.
I thank the Chair. I thank my colleagues. I yield the floor.
Mr. REID addressed the Chair.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. I yield 15 minutes to the Senator from Wisconsin [Mr.
Feingold].
The PRESIDING OFFICER. The Senator from Wisconsin [Mr. Feingold], is
recognized for 15 minutes.
Mr. REID. Mr. President, if I could, just as matter of parliamentary
inquiry, Senator Craig and I--I am sure with the concurrence of Senator
Simon--would like to make this afternoon a little more orderly. After
Senator Feingold finishes, Senator Craig is going to address the Senate
for a reasonable period of time, 15 or 20 minutes, whatever, and then
after that, if Senator Burns is available, he would come and speak.
Following that, we would arrange time for the Senator from North Dakota
to speak. That would give Senators notice of what might take place in
the next hour or so.
The PRESIDING OFFICER. The Senator from Wisconsin is recognized for
15 minutes.
Mr. FEINGOLD. I thank the Chair and I thank the Senator from Nevada
for his leadership in bringing forward this amendment.
I rise to support the amendment of the Senator from Nevada and to
oppose Senate Joint Resolution 41. But in doing so let me, first of
all, say that the sentiment behind the balanced budget amendment is a
very real and very legitimate one. I especially want to indicate that
with regard to the sincerity and effort by the senior Senator from
Illinois. I know he is doing it for the right reason. I know he is
doing it because he wants to eliminate our Federal deficit, and he
believes that this amendment is the way to do it.
It comes out of a very legitimate frustration that the American
people have about the way the Federal Government runs up debts and
deficits and just has not adopted the discipline of paying as you go,
the most commonsense principle that you find when you talk to your
constituents.
I noticed during the 1992 campaign that the balanced budget amendment
was often linked with two other proposals, the notion of a line-item
veto and the idea of term limits. These were the three you always got
questions about, and the reason was that they are simple answers, I
think really almost pseudo answers, to the real question.
Mr. President, the real question that the people in all 50 States are
asking is why is there so much spending and so much waste at the
Federal level? That is why this debate is here today. In my view, the
only real answer to that question is that we have to continue to do
what we started to do last year in this Congress, and that is to start
identifying specific cuts and making those cuts. We did that to the
tune of $500 billion.
But I wish to emphasize that, of course, that was only a start, and
nothing better than a start, because we still have annual deficits and
the debt is going up. We all know that. The problem is that this
amendment is a simplistic solution to that problem that will not work.
In fact, I think the balanced budget amendment will make it more likely
that we will go back to having higher deficits and make it more likely
that we will have an even worse Federal debt in the coming year.
The actual issue before us today is, should we pass Senate Joint
Resolution 41 or should we amend that provision as the Senator from
Nevada has suggested by something that makes a little more sense?
It seems to me, having listened to the debate for a couple of days,
that the Senator from Nevada is far closer to having a proposal that
makes sense than does the original proposal. I think the Senator from
Nevada has minimized some almost bizarre consequences that can occur if
we were to pass Senate Joint Resolution 41 as it now reads.
First of all, through the leadership of the Senator from Nevada and
his amendment, there has been some real effort on the floor to deal
with the fact that Senate Joint Resolution 41 could heavily involve
courts in an area they have never been--deciding what cuts and what
taxes we should have in order to achieve a balanced budget. I know that
the sponsors of the original joint resolution may want to amend it as
well to reflect that concern. I think the leadership of the Senator
from Nevada has helped clean that part of this issue up.
Another big difference between Senate Joint Resolution 41 and the
proposal of the Senator from Nevada is the distinction between capital
and operating budgets. As has been said many times on this floor, we
want to use the examples of the balanced budget requirements of the
States and the local governments, but at those levels a distinction is
made between capital budgets and operating budgets. If a local
government wants to build a golf course and they can determine that by
charging green fees over 10 years they can pay for it, they can proceed
to do so under a budget that distinguishes between capital and
operating budgets.
As I understand it, the original proposal here would make that
impossible. The Federal Government could not plan in this way, as our
local governments do, and still comply with the balanced budget
requirement.
I also appreciate the fact that the amendment of the Senator from
Nevada takes Social Security out of this thing. I believe Social
Security is a contract with the American people. I believe that those
who paid into the system were promised that if they paid in they would
get the benefit when they became eligible. I do not think we should
leave that to chance. And in that sense the Senator from Nevada has a
much more honest and a much more assuring proposal for those that
worked hard for this country and for all of us who now expect to have
their benefits protected.
The Senator has also made a lot more sense in the original proposal
when he takes out this idea of requiring a supermajority to get
anything done in this body. The majority leader made a good point the
other day when he pointed out that if you like the filibuster just in
the Senate, wait until you see what it will look like after you get
done with having to have a 60-percent vote for any change such as the
California earthquake emergency legislation, a measure that would have
required a vote of over 60 as I understand it under the original
proposal.
Finally, I want to give a lot of credit to the Senator from Nevada
for identifying and getting rid of what I think is one of the worst
provisions in Senate Joint Resolution 41; and that is the idea that to
actually eliminate a Federal tax expenditure, a tax loophole, that you
will not just have to have a majority of the Senate any more, but a
majority of those actually seated--a higher number than normal, another
sort of supermajority.
If our goal here is to reduce the Federal deficit and actually
balance the budget, why would we require more votes than normal to
close a tax loophole? It will not be enough just to get a majority of
90 Senators or who are here. You would have to have a majority of all
the Senators seated.
For any tax expenditure out there, whether it is the tax breaks given
to the Puerto Rican drug companies, accelerated depreciation, tax-loss
farming for farmers--a provision we got rid of a few years ago
fortunately--or the three martini lunch, it will not be enough just to
have the votes you have most of the time to eliminate them. You would
have to get, in effect, a supermajority. Why would this be something we
would want to have in a constitutional amendment to try to get rid of
our deficit problem?
These tax expenditures are just as big a problem in our Federal
Government spending habits as are other wasteful spending programs. For
example, until we got going in the last budget, a corporation could
deduct a salary above $1 million for a corporate executive. It was a
deduction. Under this amendment, without the change suggested by the
Senator from Nevada, you would need a special majority to get rid of
that provision. We saw how hard it was just to get a raw majority. We
needed the Vice President of the United States to come in here to break
the tie. So you would have a very odd result without the Reid
amendment. The result is Social Security is not protected but you give
extra special protection to the tax benefits that are particularly
likely to help the wealthy.
So, for all these reasons, Mr. President, I believe that the Senator
from Nevada has a far better provision, a more honest provision, and
one that is more likely it work.
But I also want to take this opportunity to express my reservations
about the whole idea of a balanced budget amendment. I was presiding
the other day, as you are now, Mr. President, when I heard the Senator
from Illinois saying that it does not really matter if the effective
date for the balanced budget amendment is 2000 or 2001 because he said
no one is going to wait. He listed the various Senators who were not
going to wait to get the job done. I agree. The Senator from Illinois
won't wait.
I am afraid last year I saw a number of people out here who will wait
and wait a good long time before they actually start voting for some of
the spending cuts we have. They had opportunity after opportunity to
vote for those cuts last year, and if you look at the record, many of
those who are the strongest advocates for the original provision are
among those who almost never voted for spending cuts.
The greatest risk with regard to getting a balanced budget is that we
will lose our focus. It is very easy in a legislative body to lose your
focus because there are so many issues. Sometimes you can almost
purposely lose your focus. So you don't have to really face the tough
questions, so you don't have to really deal with the fact that cutting
the Federal deficit is an extremely painful process where you cannot
possibly come out with everyone liking it.
That is the real danger. In fact, earlier this year in early January
there was a report in the Washington Post that there was a big debate
going on within the White House itself. That debate was whether or not
they should just put deficit reduction behind us; a comment made by
some was we did that last year. I think there is a great risk that it
will be left behind. It is unclear who won that debate at the White
House. There are some good signs. The President's budget looks tough. I
think there should be more cuts but it definitely includes some tough
budgeting that can bring the deficit down even further. But there are
some bad signs. I thought one of the bad signs was when the President,
in his State of the Union, said he was going to take defense cuts off
the table, that there would be no more defense cuts.
So, I am really not sure where we are heading on the issue of further
cuts that are needed, and I think the greatest risk here is not the
failure to pass the balanced budget amendment but that this body, now,
this year, and the other House as well, would say we did that last year
even though the debt is still rising, and the deficit needs to come
down more.
So, to evaluate the purpose and the effect of Senate Joint Resolution
41, you have to look at it in context. What will it do now? The context
now is the 1995 budget proposal. The battle is to identify the
priorities within that proposal to get the cuts it has proposed and
perhaps to get more cuts. Then the question becomes will the passage of
the balanced budget amendment help or hurt our efforts to bring the
deficit down in the coming year? I am convictioned, after listening to
the debate and talking to people back home, that the balanced budget
amendment as originally proposed will make it less likely that we will
do what we were sent here to do--to bring the deficit and the debt down
now.
This has been the way it has looked to me since listening to the
people during the 1992 campaign. At that point I heard a lot of talk
about the balanced budget amendment, but it was my conclusion that we
did not need a balanced budget amendment; we needed a balanced budget.
I, like many other candidates, proposed a plan that would have
eliminated the Federal deficit in 5 years. Some of it taxes, a lot of
it spending cuts, 2-to-1 margin spending cuts to taxes. About half of
that plan has already become law because of the efforts of the Clinton
administration.
I found that some of those cuts are not very easy to get, like
getting rid of the space station or the Trident missile. We won few of
them, and identified more cuts to make, and added some of those to our
list. We found, for example, that if we go to the $1 coin instead of
the dollar bill we can save $2 billion. It is an ongoing process of
identifying things that can be cut and actually enacting the specific
cut.
That is why I participated in the development of the Kerry-Brown
plan, 1 of 15 Senators to join in. I did not like all of the things in
that proposal but that was part of the process, to come together.
Everybody puts their specific cuts on the table and says, OK, I am not
happy with all of this you--but it is a team process. We did the same
thing with a group led by Senator John Kerry.
All of these efforts had one thing in common that the balanced budget
amendment completely lacks, and that comes down to one word:
specificity. The balanced budget amendment does not begin to tell you
how we are going to achieve the balanced budget it purports to cause to
happen.
The way you can tell when you are actually doing the job on the
balanced budget issue is when you start getting phone calls, and those
phone calls should not be saying way to go on passing the balanced
budget amendment. They should say how can you let us down. Anytime
somebody is saying to you how could you let us down you are not doing
anything. Until you have a wool farmer come up to you in your district
and say how could you Russ Feingold, propose cutting the wool and
mohair subsidy, or until you have a retired Federal employee call you
up and say how can you delay my COLA; until you have that, all that you
have done is talk.
That is my concern. This proposal, Senate Joint Resolution 41, does
not tell us how we are going to get the job done, much like the Gramm-
Rudman bill, which also did not work. What it does is play unwittingly
into a tendency in a legislative body to go with fads. Issues become
fads.
I saw this in the State senate when I was in the Wisconsin
Legislature. There was a huge hubbub about the drug problem for about 6
weeks. It seemed like every member of the senate had a proposal to deal
with the drug nobody. We passed a few of them. Then we did not talk
about the issue for 6 or 7 months. We saw the same thing with
education. I have seen it time and again where people think that they
have done something but they don't finish the job.
I think the passage of the balanced budget amendment would turn this
issue much deficit reduction into more of a fad than a genuine effort.
In effect, if I can use a football analogy, this is punt. We are
punting the ball with the balanced budget amendment when we now have
the ball and can actually gain yardage by cutting spending. What we are
saying in effect is, to the American people, is when we get the ball
back later on from the States, we will figure out what we are going to
do to cut spending. And I think that is the worst possible outcome.
We, in effect, will say we will tell you the specifics later on when
we have the ball again. To me, Mr. President, this is a total evasion
of our current responsibility. If you want to cut a program to save
even a few million dollars in the next few years, the response will be
why do that, it is such a little amount, and we have to eliminate the
whole thing in a few years anyway, let us not bother with it. It will
be a blank check and not deal with the small and large items over the
next few years.
Mr. President, to conclude, I thank the Senator from Nevada for his
leadership. I want to read two comments. One is from the New York Times
and one is from my constituents. The first was in an article last
Friday entitled ``Beyond Budget Debate Hyperbole.'' There are comments
by Peter Peterson, who wrote a book entitled ``Facing Up: How to Rescue
the Economy From Crushing Debt and Restore the American Dream.'' Many
people thought that Mr. Peterson, given the title and work of his book,
would be very enthusiastic about this balanced budget amendment
proposal:
The balanced budget amendment's sponsors say it would put
pressure on the Government to find ways to bring its accounts
into balance.
But Mr. Peterson is ambivalent about that argument. ``Its great
virtue would be its symbolism,'' Mr. Peterson writes. ``But we must be
aware that in that very symbolism there is also a danger. It might
persuade us to think we have solved our problem and thus divert our
attention from the real business at hand: making choices.''
That, Mr. President, is what I mean by specificity. This is all about
making the tough choices, not just changing a few words in the
Constitution without real effect.
Finally, Mr. President, the best messages I always get are from my
constituents. This is one from a couple in Wonewoc, WI, who say:
Greetings, Senator:
The front page of the State Journal carries the story of
the drive to have a balanced budget amendment. First it was
that Gramm-Rudman-Hollings nonsense and now this.
The people send men and women to Congress to make the hard
choices, to be counted on to take tough votes even if it
hurts at next election time. We do not send them to Congress
to hide behind some automatic gimmick with the nerd excuse,
``We would like to do more, but our hands are tied by the
balanced budget amendment.''
We all want cuts in spending but not this way.
So those are the words that probably have the greatest impact on me.
These folks elected me to come out here and make the tough decisions,
not hide behind an excuse.
For that reason, I urge the adoption of the Reid amendment.
I yield the floor.
Mr. CRAIG addressed the Chair.
The PRESIDING OFFICER. The Senator from Idaho is recognized.
Mr. CRAIG. Mr. President, let me speak briefly to a couple of
comments the Senator from Wisconsin has made today as it relates to his
concern about a balanced budget amendment to our Constitution. I want
to have the Senator's attention for a few moments, if I could, because
I find it unique that the basis of his reaction and therefore rejection
of this process is to suggest that we are not specific enough in how we
would arrive at these areas that we have delineated on a section-by-
section basis.
How does the Constitution speak to being specific about the right of
free speech? It does not list a thousand ways in which free speech
shall be obtained in our Nation. What it says is that this is a
principle and this is a right that is established, and we expect our
Government to carry it out because it is a right of the people.
Thousands of pages of civil law later, and a variety of court tests
that even go on today, free speech is adhered to--not that our Founding
Fathers were so specific in the beginning, but because it was a right.
I think the Senator is every bit as concerned as I am about fiscal
responsibility, and I in no way in my comments want to impugn his
record in the time that he has been here. His votes in this area have
been excellent. He and I have joined in a variety of areas to cut the
budget. But what we might disagree on is the approach. This is why,
after 14 years--not just a gimmick and not just a passing fancy, but
after 14 years of efforts and hearings and hearings and votes and
votes--we now have Senate Joint Resolution 41. This is the work product
of over a decade. Why? Because with the American people, balancing the
budget has never been a fad; it has never been a fancy. They are
growing alarmed at a Congress who apparently views it as neither or
they would have done it. They just do not believe in it. For over five
decades now, we have seen the accumulation and phenomenal debt
structure; yet, today, the Senate and House combined have no real
answer for it. Ronald Reagan did not do it, George Bush did not do it.
In fact, they added to the debt. We added to the debt during that time.
It must be a ``we,'' because the House and the Senate and executive are
all involved.
Well, some Senators are saying, ``Gee whiz, give Bill Clinton a
chance. Look at all he has done in such a short time.'' Maybe we should
say: All he inherited that had already made some cuts in 1990, and look
at the taxes he added to it that helped drive down the deficit a little
bit.
Mr. President, this talks about Bill Clinton's toughest budget yet.
It talks about the 115 cuts in spending, or the $700 million that would
be cut if we adhered to all of those 115 cuts in spending. In a $1.5
trillion budget, it is but the blink of an eye; yet, at the same time,
well, the President asks for a near $150 billion increase in the
Import-Export Bank and almost a $200 billion increase in the Franklin
Delano Roosevelt Commission. Excuse me, those are hundreds of
thousands--a doubling of that commission that has gone on since 1955
trying to figure out what would be an appropriate memorial for Franklin
Delano Roosevelt when all we would have to do is put a sign over the
bridge: Entering the legacy of the Franklin Delano Roosevelt, the
largest bureaucracy in the world. That would not cost over $100,000. It
would be just a little paint and a little time.
When it comes to rhetoric about balancing budgets, the citizens of
this country have just about had enough. It is not a fad with them, it
is a reality. It is a reality of 14 years of effort here in Congress by
people like myself and Paul Simon and Orrin Hatch and Strom Thurmond
and Dennis DeConcini. We are not engaged in a fad, nor are we engaged
in fraud. What you have before you is an amendment to the Constitution
of our country, which for that 14-year period has done all of this, Mr.
President. It has selected over 3,000 pages of hearing record this year
alone before the Judiciary Committee itself. It collected all of these
pages of hearing testimony. You see, it is business afoot that we have
taken very, very seriously, because you do not just tread lightly into
the Constitution. You do not go in and adjust the single greatest
rudder on the ship of the United States. You do it with great caution
and, I hope, with great concern.
There is another amendment on this floor. The New York Times called
it a fig leaf. If it is a figleaf, I suggest that any Senator wanting
to wear it best not because it will not cover much and it could greatly
embarrass them.
It is an amendment with not one day of hearings, not one page of
record, but thought up in the back room of some Senator's office as an
illusion. Their tactic was to allow someone to escape a tough vote. Let
us be honest. If you want to vote for a balanced budget amendment, vote
for the one that has 3,000 pages of hearing record, the examination of
constitutional scholars, and the endorsement of 250 economists from
around the Nation. Do not vote for something that was brought up in the
11th hour that represents nothing but an effort to avoid the issue.
That is reality. That really is the bottom line. We can run, but we
cannot hide from our responsibility, and our responsibility always has
been to vote up or down on the issues, to go home and tell our
constituencies why we did or why we did not.
Oh, we can wring our hands and go home and say it did not have a
capital budget in it; it was going to wipe out Social Security; it was
going to dry up defense. Or you could go home and say all of those are
legitimate matters and responsible issues that ought to be inside a
budget, and I was voting for my grandchildren and for the fiscal
stability of this country and nothing ought to be off budget. We all
have to make these tough votes.
That is the honest answer. But we have some gamesmanship on the floor
that is or, I should say, has no second at this moment.
Let me say how important this is from my point of view, from the
point of view of 3,000 pages of testimony over a decade of time before
the House and the Senate Judiciary Committees. And I do this although
the Senator from Nevada is off the floor. I asked his permission to do
so, so that it would not appear to be something done behind his back.
I have here four pages of questions that I have submitted to the
Senator from Nevada on a section-by-section basis. I have asked him to
respond to this so that we can put it in the Record because, while
these questions have been answered about this amendment, no questions
have been answered about his amendment.
I think if this is going to be a responsible debate, if he does not
want the New York Times to call it a fig leaf, if he does not want Leon
Panetta to say, ``Oh, well, we are going to drum up some substitute to
give a few folks cover,'' then he really better answer the questions
like, section 1: Whose estimate is to be used to establish estimated
receipts? Would Congress have to approve the receipts estimated? If the
Reid amendment does require the Congress to continue to pass annual
concurrent budget resolutions, can you explain why you chose to place
the relatively new statutory requirement into the Constitution? If not,
what alternative mechanisms do you envision?
Those are clearly legitimate questions. I do not think that kind of
detail ought to be in an amendment. There is not a constitutional
scholar who believes it ought to be that way. And our Founding Fathers
intentionally were general in the nature of how they phrased the
specific right of the American citizen.
But clearly there ought to be this, and this is 3,000 pages of case
record that is an important part of any legislation we pass and, as you
know, Mr. President, is especially an important part of a
constitutional amendment.
Why? Well, for all the reasons I have just given. But there is
another very important reason. We hope that our amendment will pass the
Senate and that the identical amendment will pass the House and that
three-fourths or 38 States required to ratify it would then begin what
I said last Thursday to be one of the most important debates in the
history of our country on a State-by-State basis in the halls of every
legislative body of our State legislatures. They will constantly refer
in the debate to these records. They will research what Congress meant
by section 6: ``The Congress shall enforce and implement this article
by appropriate legislation, which may rely on estimates of outlays and
receipts.'' They will read that. They will then turn to this because
they, too, will want to know before they pass the amendment what
happens if the Reid amendment passes with none of the kind of committee
record and hearing record that is appropriate.
Well, I guess it is guesstimate or it is a very busy Senator from
Nevada running around the country from legislature to legislature
trying to tell them what he meant. Or if a few constitutional scholars
come up and say, ``Well, you know, Senator, I really think you should
have said it differently,'' do we dare at that point send out to the
State legislatures a notice saying, ``Oh, by the way, we have asked for
a slight modification in the resolution that you are considering as an
amendment to the Constitution?''
Has that ever happened before when the Congress of the United States
sends out an amendment for State legislative ratification? No, I do not
think so.
The reason it did not happen was that it was never a fig leaf or a
cover or a fad. It was always a well-thought-out, well-researched, and
well-written document. Why? Mr. President, we are dealing with the
Constitution.
You know this body passes a lot of law in the course of a year.
Several years ago Senators, all wise and just in their thinking, passed
a luxury tax thinking they would raise a few dollars by it, and what
they found out was it ended up costing the Treasury money because it
threw so many people out of work because, human nature being what it
was and is, you were not going to hoodwink the taxpayers, and they
avoided it by changing their buying habits, plain and simple. We just
revoked it a year ago. We just revoked it. And how did we do it? We did
it by 51 votes or a majority vote on the floor of the U.S. Senate. We
had made a mistake.
I did not happen to vote for it in the beginning, but we, meaning
collectively the Congress, had made a mistake. When we make mistakes
here on the floor of the U.S. Senate, we can change them with 51 votes
or a majority vote.
That cannot be done with a constitutional amendment. Once we send it
to the States and if 38 States ratify it, you just cannot go, ``Whoops,
I made a mistake.'' In my opinion, and in the opinion of a good number
of constitutional scholars embodied in this committee record file and
in the 250 economists whose names I put into the Congressional Record
on Friday, they will also say that, if you pass the Reid amendment, you
might just be caught in the business of saying, ``Whoops.''
Let me explain a little bit about why I believe that. Under the Reid
alternative, it is possible to continue to run deficits as large or
larger than our current deficits. How could it be? This is a balanced
budget amendment. Is it not on auto-pilot? Do we not just get there in
6 years?
Under this amendment we do except under extremely extraordinary
circumstances. But enacting a balanced budget amendment that would
allow us to continue to burden future generations with a rapidly
increasing debt is possible under the Reid amendment. All you have to
do is redefine capital budget. What is a capital budget? Is it bricks
and mortar? Well, in most State legislatures it is. In most State
legislatures that do capital budgeting and bond the expenditure of that
budget, they do it to build roads, they do it to build buildings, they
do it in the acquisition of long-term investment that will last a
generation.
Well, there we go--generation, future, thinking into the future. Why
not on WIC? Why not on food stamps? That is a capital investment in the
future of our youth.
Well. Under the Reid amendment, the Congress with 51 votes could so
define under section 6 of his what it is all about. Therein lies one of
the great and gaping loopholes of this Senator's amendment.
In Analytical Perspectives, page 109, it reads: ``Does the Reid
alternative contemplate a capital budget of--'' and what they are doing
is reflecting on the physical capital nature of a budget of State
governments versus current Federal expenditures. And guess what they
came up with. They have suggested that under the Reid amendment you
could have an $89 billion capital budget. Well, that sounds about
right. Or you could have a $123 billion capital budget. Why the
difference? It is change in definition, broadening of the definition.
Or you could have a $191 billion capital budget. Or you could have a
$233 billion capital budget under the Reid amendment.
And yet, he is standing on the floor of the United States Senate with
some of his colleagues, looking the American people in the eye and
saying: ``Pass my balanced budget amendment. Mine is the workable
one.''
What about enforcement? We were not willing to walk away from it. In
ours, we were willing to say, ``Yes, the courts have a role. No, they
do not have the right to increase taxes. They do not have the right to
say where the money ought to be spent.''
But there is a necessary mechanism when you are dealing with the
Constitution, and that is for the courts to say whether you are or
whether you are not. Not to say how you are or how you are not, but to
say that you are. And that is exactly what we do in this process. We
made sure that that became a part of it and all they can do is to
declare--and that is a very important enforcement mechanism.
The Reid amendment walks away from that very approach. In fact, they
would simply say that the Congress itself is the enforcer.
Oh, my goodness, do we not understand history just a little bit? Do
we not recognize how proper we have been with the passage of different
other balanced budget laws in the last two decades and how skillfully
we enforced them? We enforced them all the way into a $4.5 trillion
debt. Because, when the decisionmaking got tough, the Congress
chickened out.
Therefore, it is phenomenally important that we arrive at an
amendment that is enforceable; that does force this body on this floor
to make the tough votes, not to walk away, not to redefine, not to skip
lightly through the loopholes that now have the Reid amendment looking
like a substantial portion of Swiss cheese.
Well, those are some of the important issues involved. Now let me
talk about another issue for a moment, and that is the issue of Social
Security, an issue that is extremely important to all of us. It is an
issue that deserves legitimate consideration, not that it is just
Social Security, but because Social Security embodies a lot of other
very important issues when this comes to spending and priorities.
There are some who will say they will not vote for the amendment that
I support--the Simon-Hatch-Craig-Thurmond amendment--because Social
Security is still on and in the budget; that you have to take Social
Security out of the budget; that you will use the trust funds and the
revenue in those trust funds, better known as reserves, to balance the
budget and that that would be a fiscal travesty.
What they do not say is that the reserves that are there today, and
under the Social Security law when it was created, allow only the
Government to borrow from the reserves; and every extra dime that is
there today building for the year 2003 when the reserves will peak and
the baby boomers will start reaching out for their Social Security
check, all of that money is borrowed, now loaned to the Government to
offset spending.
The Senator from North Dakota on Friday spoke a great deal about it
and based part of his support for the Reid amendment on the fact that
it takes Social Security off budget. He used the year 2003 as that
moment in time.
Well, what is it? It is a moment in time in which we all have to get
honest about what we are doing right now--which is terribly unfair to
the Social Security trust funds--and that is we are spending against
them. We are borrowing the money and we are continuing to borrow every
dime that goes out. And the year of reckoning in the year 2003 is when
that money has to be paid out. If I am here--and I do not know I will
be--we are going to have to face some tough decisions.
Today, without a change in budgeting, those decisions would have to
be made. Under a balanced budget amendment, such as the kind that
Senator Simon and I have proposed, that decision would still have to be
made.
But here is the reality of Social Security that nobody wants to talk
about. And that is the reality of the current Social Security tax on
employers and employees and the revenue flow it is bringing in versus
the baby boom population that will soon be entering in the Social
Security network system. And when D-day comes--D-day means when there
is not any money left and there are hundreds of billions of dollars
worth of checks to go out--that day, based on our actuarial studies and
the current tax for Social Security, is the year 2025. Oh, it is a long
way off. No, it is not. It is about 30 years off. That is not very far
off, if you are going to make decisions that embody not $1 billion but
$1 trillion. And we ought to be busy right now making sure that when
this day comes, there is going to be revenue there.
How do you do it? You force prioritization. You say you cannot spend
here, you ought to spend over here, or you should not spend as much, or
you ought not be taxing this much, or maybe in some areas you ought to
be asking for more revenue.
The only way you get there, according to some of the actuarials who
are fearful of us unable to meet this day, is you have to bring it
inside a balanced budget. To simply leave it on the outside ignores the
fact and covers it under this fig leaf of illusion that denies the
reality of those very kinds of tough decisions.
I am absolutely amazed that anyone would come to this floor and say
we are going to deal in a fiscally responsible way with Government
expenditures, except in all of these areas we will move off budget
because we do not want to deal with them because they are political hot
potatoes.
Not once have you heard me say--nor will you hear me say, because I
believe it is not necessary to do it--the words ``cut Social
Security.''
But if you move it off budget, it no longer serves as a pressure to
serve the right kind of prioritizing of other Federal expenditures to
assure that Social Security will remain solvent, not just in the year
2003 but in the year 2025.
I am truthfully amazed, Mr. President, that anybody would suggest
that you are going to hold Social Security secure and leave it off
budget.
We are a rich nation today. We are, without question, one of the
richest nations in the world. Because we are rich, we can be
phenomenally giving--and we have been. We spend hundreds of billions of
dollars a year on the poor and the less fortunate, all in the hopes of
lifting them up and causing or providing for them a better environment
in which they can achieve. But the only reason we are able to do that
is because we are rich. And the only reason we are rich is that we can
still pay the interest on the $4.5 trillion of debt that we have
already borrowed.
The day we cannot pay the interest we turn from a rich nation to a
poor nation. That can occur literally overnight. And when that occurs
all of those programs, from Social Security, to food stamps, to shelter
for the homeless will be up and in question because there simply will
be no money left to provide for them at the level that was expected of
them.
That is the fundamental argument behind why all issues have to be
inside any budgeting process. It is, without question, one of the major
loopholes, along with capital budgeting, that has been provided in the
Reid amendment. We have held no hearings on the Reid amendment, there
is no committee record, and therefore it has limited basis for support
other than the kind of support that would be gained if it is in fact
only a fig leaf or a stalking-horse.
Tomorrow evening we will vote on the amendment that has been worked
for over a decade by Senators Simon and Hatch, myself and Senator
Thurmond. We will vote on an amendment that is embodied here in over
3,000 pages of committee record. We will vote on an amendment that is
clearly simple and straightforward in its language, and forces this
Congress, for the first time in its 200-plus year history, to examine
why it is and what it does. And no fig leaf nor any phony piece of
alternative will serve us better. That is the choice. It is so simple
and yet it is so difficult.
Mr. President, I ask unanimous consent a Washington Times article of
February 28, and a list of ``Questions for Senator Reid'' be printed in
the Record, and reserve the remainder of my time.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Balanced Budget Ammunition
If proponents of the balanced budget amendment are looking
for the strongest arguments for their proposal, they need
look no further than President Clinton's proposed budget for
fiscal 1995.
Contrary to the president's boast that this is the
``toughest budget'' ever sent to Congress, it would increase
spending for some of the most unnecessary, wasteful and
ineffective programs in the government.
With the administration forecasting that the budget deficit
will be $235 billion this year and close to $200 billion next
year, asking for more money for programs that are proven
failures is the height of irresponsibility. Yet this is what
the White House has done.
While it is true that the budget calls for eliminating 115
largely minor spending programs as well as a number of other
cuts, these cuts are sheep masquerading in sheep's clothing.
The 115 items would save only $700 million in annual
outlays out of a $1.5 trillion budget. And even if all of the
proposed cuts were approved, overall spending under Mr.
Clinton's budgets would still be $110 billion more next year
than it was last year.
In fact, the best-kept news media secret in Washington
today is that while the president cuts some spending programs
with one hand, he expands many more with the other. Among
them:
The Economic Development Administration: This $265 million
lending agency has lost hundreds of millions of dollars in
bad loans and failed business schemes. EDA has been gouged by
waste, fraud and abuse, with no evidence that it has helped
any local economy, but Congress insists on keeping it alive.
Mr. Clinton's proposed increase: $78 million.
The space agency: Maintaining a space program is important
to America's future in technology and science, but in a time
of record deficits it is hard to make a case for spending
increases. Mr. Clinton wants to increase the National
Aeronautics and Space Administration's $14.2 billion budget
next year by $228 million.
The Appalachian Regional Commission: This 1960s-era
antipoverty agency has been singled out by the General
Accounting Office, Congress' auditing arm, as one of the
government's most ineffective programs. Much of its $149
million budget is devoted to pork-barrel spending for road
construction, with little evidence it has had any impact on
poverty. Mr. Clinton would boost its $149 million budget by
$31 million.
Legal Services Corp.: This $400 million agency is a vestige
of the anti-poverty programs of the 1960s. Its purpose is to
provide legal assistance to the poor, but this jobs program
for lawyers has had little or no effect on alleviating the
old War Department thought it would use in wartime. It has
been on virtually every budget-cutting list as a highly
expendable program. Incredibly, Mr. Clinton's budget calls
for preserving the program and proposes to cancel its $1.3
billion accumulated debt and add it to the deficit.
``If you can't get rid of the national helium program, what
can you get rid of,'' asks Rep. Christopher Cox of
California.
Community Development Block Grants: Readers of this column
know about the excesses of this Housing and Urban Development
Department program. Enacted to help low-income communities,
much of its funds have gone to wealthy towns like Newport
Beach, and Palo Alto, Calif., and Stamford, Conn., to build
tennis courts and bike trails and to renovate movie theaters.
Overall, Mr. Clinton is asking for nearly $400 million more
for all community development programs.
The budget is loaded with hundreds of other programs that
would either have their spending hiked or preserved, when
they should be cut or zeroed out:
The $208 million International Trade Administration would
get another $40 million; the Census Bureau $24 million more;
$20 million for U.S. Travel and Tourism promotion; and $24
million for the Boat Safety program.
The Export-Import Bank, whose loans to other nations
benefit Fortune 500 companies, wants its credit account
outlays boosted from $472 million to $600 million. Mr.
Clinton agreed.
Even the never-ending Franklin Delano Roosevelt Commission,
established in 1955 to develop a memorial for FDR, is down
for $347,000 this year and another $170,000 next year.
If the continued existence of these and many hundreds of
other nonessential federal expenditures isn't reason enough
for adopting a balanced budget law, what is?
____
Questions for Senator Reid Regarding Reid Balanced Budget Amendment
Prepared by Senator Larry Craig February 28, 1994
section 1
1. Whose estimates would be used for establishing
``estimated receipts''?
2. Would Congress have to approve the receipts estimate?
3. Does the gentleman believe that his amendment will
require an annual concurrent budget resolution? Would this be
the mechanism for arriving at the Constitutionally required
estimates?
4. If the Reid amendment does require that Congress
continue to pass annual concurrent budget resolutions, can
you explain why you chose to place this relatively new
statutory requirement into the Constitution? If not, what
alternative mechanism(s) do you envision?
5. Is there anything comparable to the debt limit provision
of S.J. Res. 41 that would prevent the use of rosy scenario
estimates to comply with the amendment in form only?
6. Would the President have any role in a decision to
approve deficit spending? Would this role include approving
estimates?
7. Would the estimates be required before the beginning of
the fiscal year?
8. As economic and fiscal circumstances change during a
fiscal year, would section 1 require revisions of the
estimates? Would Congress be required to pass a new
concurrent resolution to revise the estimates?
9. What would happen if Congress did not establish or did
not provide for the establishment of the Constitutionally
required estimates?
section 2
1. Would the amendment provide an incoming President with
the option of submitting a budget later than the first Monday
in February, as President Clinton did last year?
section 3
1. Can the gentleman explain why his amendment provides
Congress with less discretion in choosing whether or not to
relax budget discipline during slow growth than it has under
the Budget Enforcement Act? (The BEA provides that Congress
may vote to suspend the discipline of the BEA if CBO projects
negative growth for two consecutive quarters or if the
Commerce Department finds that actual growth was less than 1
percent for two quarters.)
2. Why did the gentleman choose a lower threshold in
determining a recession in order to waive the amendment
(projected growth of less than one percent) than the
threshold for a vote on suspending the BEA (projected
negative growth)?
3. Is it the Senator's intent that his amendment will
supersede the provisions of the Budget Enforcement Act of
1990 and prohibit a BEA vote of Congress to suspend the
budget discipline of the BEA during times of slow growth?
4. Can the Senator explain how the provision for suspending
the amendment would operate during periods in which there is
no Director of the Congressional Budget Office?
5. Can the Senator explain why the amendment would be
waived for two fiscal years after a determination that
economic growth has been less than 1 percent, even though the
economy might be in an expansionary phase during the second
fiscal year after the determination?
6. Can the Senator explain why he granted the Director of
CBO, an unelected, minor official, the authority to determine
whether or not the provisions of a Constitutional amendment
should be waived?
section 4
1. Why did the Senator choose not to define the term
``capital investment'' in his amendment?
2. What is the Senator's understanding of what would be
considered a ``capital investment'' under his amendment?
Would it include spending for scientific research and
development? The construction of government office buildings?
The purchase of military hardware? Would it include spending
for grants to state and local governments for capital
expenditures? What about grants such as Economic Development
Administration grants that may be used for both capital and
non-capital items? Does the Senator believe, as the Chairman
of the House Government Operations Committee does, that
capital expenditures should recognize ``human capital'' such
as job training, education and head start?
3. Would there be any restraint on the type of items that
were included in the capital budget or the magnitude of
borrowing to finance capital expenditures comparable to the
restraint placed on states through bond ratings?
4. What impact would the Section of the Reid amendment have
on the treatment of capital expenditures which currently are
subject to the discretionary caps in the BEA? Does the
amendment implicitly or explicitly exempt programs from the
BEA caps? If not, would we have two sets of accounting in
which capital investments are off-budget for purposes of the
Constitution, but subject to caps and sequesters under
statutes?
5. Is there any restriction on what could be defined as
``outlays of the Federal Old Age and Survivors Trust Fund''?
Could Congress fund Medicare, veterans benefits, civil
service and military retirement or other spending from
outlays of the OASDI Trust Fund?
6. Does the Senator's amendment make any provision for the
years in which the Social Security trust fund will face cash
shortfalls?
7. Is there anything in the Senator's amendment that would
prevent Congress from cutting Social Security benefits?
8. If the definitions of OASDI receipts and outlays would
be restricted by the amendment, would Congress be prohibited
from establishing new OASDI benefits and/or changing the
trust fund's funding mechanisms?
section 5
1. Can the Senator explain why he chose to include in his
amendment language overturning the Supreme Court case of
Bowsher vs. Synar regarding the fundamental Constitutional
doctrine of separation of powers by allowing Congress to vest
the executive authority to order uniform cuts in an officer
of Congress?
2. Does the Senator believe that it is appropriate for
Congress to overturn a Supreme Court decision through a
Constitutional amendment without the benefits of hearings?
3. Is it the Senator's understanding that this section
prohibits absolutely any judicial enforcement of the
amendment unless Congress passes legislation explicitly
granting a role to the courts?
4. What is the meaning of the phrase ``appropriate
legislation enacted by Congress''? If Congress passed no
implementing legislation, does the black letter of the
amendment preclude any enforcement?
5. Would the provision allowing Congress to enact
``appropriate legislation'' allow Congress to pass
legislation denying any judicial standing under the
amendment, contrary to the provisions of Article III of the
Constitution?
6. Does the provision granting Congress the ability to
``delegate to an officer of Congress the power to order
uniform cuts,'' allow Congress to pass legislation requiring
across-the-board cuts in Social Security?
7. Could Congress choose to exempt any programs from the
uniform cuts that could be ordered under the amendments, or
does the phrase ``uniform cuts'' mandate the inclusion of any
or all programs?
8. Would the ``officer of Congress'' have any discretion in
determining which programs would be subject to uniform cuts?
9. What examples of an ``officer of Congress'' does the
Senator contemplate could order uniform cuts? Could the
Secretary of the Senate or the Doorkeeper of the House or the
Architect of the Capital order cuts?
section 6
1. Why did the gentleman choose to make Section 5 (which
overturns Supreme Court decisions on separation of powers and
allows an officer of Congress to order uniform cuts) and
Section 6 of the amendment effective immediately?
Mr. DASCHLE. Mr. President, as the father of three children, I worry
about the effect of continued deficit spending on future generations of
Americans. As a Senator from South Dakota, I fear what a future of
mounting national debt will do to the quality of life of the people I
represent and to the standing of our country in the world. For these
reasons, I will vote in favor of the balanced budget amendment.
For the past 25 years, our Federal budget has not once run a surplus,
or even been in balance. Rather, in every single year since 1969, the
Federal Government has spent more money than it has taken in. The tab
for that reign of self-indulgence is finally coming due.
During the 1970's, these deficits did not pose a significant threat
to the Nation's economic future, and they were largely ignored. Over
the next 12 years, the deficit almost quadrupled, ballooning from $73.8
billion in 1980 to over $290 billion in 1992. During the period, the
deficits were noticed, but not seriously addressed.
Today, in this debate on a balanced budget amendment, we are being
forced to face the consequences of our inaction. Quite simply, we are
building a legacy of debt for our children and grandchildren, and
hamstringing our ability to address pressing national priorities.
According to the Congressional Budget Office, the national debt now
stands at $4.4 trillion. This means that the Federal Government owes
more than $17,000 for every U.S. citizen, adults and children alike.
And this debt is not just a dark cloud looming in the distance. It
has a very real and devastating effect now on the Government's ability
to meet the immediate needs of its citizens and invest in the future.
Like private citizens, the Government must pay interest on its debt.
For fiscal year 1993, we paid $198.8 billion in net interest, the
second largest expenditure in the Nation's budget. This sum represents
money that could have been used to stimulate job creation, invest in
new technologies, protect our environment, maintain our defense
capabilities, enhance the quality of life of low-income seniors, expand
educational opportunities and reduce the deficit.
To remedy our fiscal situation, we must stop spending beyond our
means. This will not require the emasculation of important domestic
priorities, as some suggest. What it will require, however, is a
commitment on the part of the Government to pay for the programs we
want and to stop doing the things we do not really need to do.
Families understand the concept of fiscal restraint. They know that
when money is tight, they will have to forgo vacations and put off
buying a new car. They are accustomed to paying for the important
things first--food, medical care, housing, savings for college--and
then thinking about other expenditures. Parents are also sometimes
forced to say ``no'' because what their children want is too expensive
or not really needed at the time.
It is time for Government to learn a few lessons from America's
families. Government must learn to set budget priorities and to pay for
these priorities. It also must learn to say ``no'' to special interests
when the programs they advocate are too costly or don't fit within the
Nation's spending priorities.
Living within a budget is never easy, as families well know. There
are many worthy programs which depend on Federal funds and which have
the support of many in Congress. But for the sake of our Nation's
economic well-being, and for the sake of our children and
grandchildren, we must decide which programs we are willing to pay for
and which ones we are not.
Some of my colleagues feel, as does President Clinton, that we can
make these tough budget choices without amending the Constitution. I
wish they were right, but history indicates that they are not.
Since I began serving the citizens of South Dakota in the Congress,
there have been six laws passed to constrain Federal spending and
reduce the deficit. Quite obviously, none has worked. Each time these
laws required tough budget choices--choices that would have been
politically unpopular--Congress and the President found ways to get
around them.
Our Nation can no longer afford to evade these choices. To do so
threatens our status as a world power and the standard of living for
future generations. Too much is at stake for us to settle for the
status quo.
According to the General Accounting Office, it is imperative that the
Government take action now to address our budget deficit. By the year
2020, most of the baby boom generation will have retired, and those
retirees will be supported by a smaller working population. In order to
ensure that we can meet our commitments to future retirees without
jeopardizing the standard of living of working men and women, we must
seek to maximize economic growth during the early 21st century. Our
current budget deficit is eating away at that growth and undermining
our economic potential.
It is true that some progress on the deficit has been made. Last
year, President Clinton and the Congress worked together to enact a
budget plan that will reduce the deficit by almost $500 billion over 5
years. I supported this plan because it was a good first step toward
addressing the deficit. Indeed, according to the Congressional Budget
Office, the recent upswings in the economy are due largely to passage
of this plan.
If we could continue to achieve meaningful deficit reduction in this
manner, a balanced budget amendment to the Constitution would not be
necessary. Unfortunately, however, there is ample reason to question
whether Congress and the President would be able to muster the
collective political will to push through another far-reaching deficit
reduction proposal. As it was, last year's plan passed the Congress by
only a few votes--1 out of 100 in the Senate; 2 out of 434 in the
House.
A balanced budget amendment will provide the fiscal discipline our
Nation must have in order to meet the needs of the present generation
without bankrupting those of the future. Sworn to uphold the
Constitution, Congress and the President will be forced to make the
further tough decisions our bire budgetary situation demands.
By adding a balanced budget amendment to the Constitution, we as a
nation are embracing the principle that Government should not spend
beyond its means. This is a principle worthy of inclusion in the
document that sets forth the limits of governmental power and protects
the rights of individual citizens.
Thomas Jefferson, who supported placing limits on the Government's
borrowing power in the Constitution, put it this way: ``We should
consider ourselves unauthorized to saddle posterity with our debts and
morally bound to pay for them ourselves.'' That wisdom rings
particularly true today.
Requiring the Government to operate within its budget does not mean
that all important new initiatives or existing programs will have to be
abandoned or gutted. Nor does it mean we would be forced to renege on
our current obligations to America's seniors. For my part, such a
requirement would not lessen my commitment to providing universal
health care coverage, protecting Social Security, or meeting other
basic needs of our citizenry.
The balanced budget amendment would not take effect until 2001. The
means that Congress and the President will have 7 years to address the
current deficit and reach a consensus on our Nation's budget
priorities. We will have time to find ways to live within our means and
still meet existing obligations to our citizens, particularly the
elderly. In addition, gradual reduction of the deficit over a period of
years will prevent unnecessary shock to the economy.
I believe the key to keeping America strong is to invest in our
future while spending within our means. A balanced budget amendment
will not do this for us, but will make us do it for ourselves.
The PRESIDING OFFICER. Who seeks recognition?
Mr. SIMON addressed the Chair.
The PRESIDING OFFICER. The Chair recognizes the Senator from
Illinois, Senator Simon.
Mr. SIMON. Mr. President, I yield myself so much time as I may
consume.
The PRESIDING OFFICER. The Senator from Illinois is recognized.
Mr. SIMON. Mr. President, I am not going to speak at length right now
on the Reid amendment. I have indicated already I think it has just
massive loopholes in it, in what is called capital expenditures, and
the fact that it has no enforcement mechanism. My staff has checked out
the loophole for periods of low economic growth and of the past 44
years, in 22 years that would have been another loophole in that
particular amendment.
I would like to take a few minutes now to analyze an editorial that
appeared in the New York Times today in opposition to the amendment
that Senator Craig and I and others are sponsoring. Let me add my
appreciation to Senator Craig. He has been a real workhorse on this and
I have really appreciated his willingness to dig in.
Let me just quote a few sentences from the New York Times editorial.
Among other things it does condemn deficits. It says, ``borrowing
threatens to siphon money away from businesses.''
Borrowing not only threatens to siphon money away, it is siphoning
money away. The Concord Coalition study--and I have been impressed by
the economic research that goes into their studies even though I do not
agree with every conclusion that they have--said if it were not for the
deficit the average American family income today would be $50,000
rather than $35,000. And that is because of the borrowing that takes
place from the Federal Government that has replaced business spending.
Then they say, ``At current growth rates, Congress can run deficits and
still keep the debt growing less quickly than incomes.''
Whoever wrote this editorial just took a look at the next 2 or 3
years and did not look at the outyears. In the outyears it goes up and
up and up and up.
Then they say, ``But the biggest danger lurking in a balanced budget
amendment has to do with the way Congress keeps its books. The Federal
budget lumps together ordinary spending for farm subsidies or
administrative salaries, and long-term investment for mass transit or
scientific research.''
It is very interesting that the last year we had a balanced budget
was 1969. That was the year we landed a man on the Moon. We did not
borrow money for the space program. We did it on a pay-as-you-go basis.
There is nothing we cannot do on a pay-as-you-go basis. We built the
Interstate Highway System on a pay-as-you-go basis. And as far as mass
transit, I would be willing to vote for a 2-cent or 3-cent gasoline tax
increase for mass transit. But there is no justification for issuing
bonds for mass transit. If we had a 2-cent or 3-cent gasoline tax for
mass transit, that would significantly increase the amount of money
spent in mass transit in New York City and Chicago. I do not know about
Bismarck, ND, Mr. President--but for many of our urban areas.
Then they say, ``at risk will be spending on education, training, and
infrastructure.'' It is very interesting. Look at the last 12 years,
what we have spent in the last 12 years. If you adjust for inflation,
education went down, minus 8 percent. Yes, in nominal dollars we went
up, but inflation went up more rapidly. Other things, defense--which a
lot of people think is a big growth item--went up 16 percent.
Entitlements went up 32 percent, largely because of health care and
growth in numbers. But the big growth item is interest, it went up 91
percent.
What if we had a balanced budget amendment 12 years ago? Education
clearly would have done better than it did. So that argument just is
specious.
It says, ``Though the 1993 budget law should keep deficits tame for
now, they are expected to soar again by the end of the decade. But the
villain is almost entirely health care costs.''
There is no question health care costs are part of it. But the big
villain is payment for this debt. We have from 1980 through 1993 spent
$1.7 trillion on interest. That is over a 13-year period. In the next 5
years, we will spend $1.7 trillion on interest. That is a huge thing on
the backs of our children and future generations.
What is interesting in the New York Times editorial is what is not
mentioned. They do not mention the threat of monetizing the debt. I ask
unanimous consent to have printed in the Record the article from the
Times, and from OMB, their table that shows this.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. SIMON. The Presiding Officer, Senator Dorgan, has heard me speak
about this several times now. It says that someone born when I was
born, 1930--I was born in 1928, I will spend about 30 percent of my
lifetime income on taxation. But when you get down to future
generations and, if you assume every projection in terms of their
projection on what is going to happen to the economy, and that shows 10
years of solid growth without a dip, and second we are going to save
all the money they say we are going to save on health care--and I hope
we do but I am not that optimistic--but they say future generations,
even with this assumption, 66 to 75 percent of lifetime earnings of
future generations will go for taxation.
Mr. President, that is just not going to happen. We are going to
start printing money before that happens, and this whole question of
monetizing the debt is not addressed at all. That is a huge, huge
cloud, dark cloud on the horizon for us.
And then the second thing that they do not address at all in this
amendment is our reliance on foreign individuals and foreign
governments to buy our bonds; 17 percent of that ownership is publicly
acknowledged. In addition, there are individuals and governments that
do not want it known publicly, and they hide it. They hide it largely
because, in their own countries, there are laws against them taking
money out of the country. So it is hidden.
At the very least, it is 17 percent. The reality is you cannot for 25
years in a row borrow money for spending more than you take in without
having bankers question what you are going to do and, at some point,
those international bankers are going to question it.
Lester Thurow, a distinguished economist who came from, I regret to
say, Mr. President, South Dakota rather than North Dakota--he came from
Montana originally. His parents lived in South Dakota. The Presiding
Officer is more on top of this than I am.
Lester Thurow says the question is not if foreign governments and
individuals are going to withdraw their money from us; the question is
when they are going to do it.
I see my colleague from Idaho rising.
Mr. CRAIG. Will the Senator yield? The Senator has made an extremely
important point as relates to who finances our debt structure. Of that
17 percent today, that represents in interest payments about $40
billion a year in interest on debt that goes overseas to foreign
investors.
As I last checked, I think our foreign aid was $20.3 billion, or
somewhere in that range. The thing that I find ironic about this is
that we spend about $20 billion plus in foreign aid, and we like to
think that most of it goes to the poor and the downtrodden, and yet the
$40 billion we pay in interest to foreign investors goes to the most
wealthy. It is the bankers, it is the wealthy class that has the money
to invest in our debt structure that gets all of the money back. So we
pay over two times as much to the foreign wealthy as we are able to put
out in foreign aid to the foreign poor. Why? Because of debt.
I thank the Senator for yielding.
Mr. SIMON. I thank my colleague, and I will simply say, his figures
are too conservative. The reality is, if you take 17 percent of roughly
$300 billion, you are talking about $51 billion that goes overseas, and
that does not count the hidden ownership. No one knows what that is.
But the point that you make is absolutely valid. The big foreign aid
we have is foreign aid not for the poor but for those--I am curious
where you got the $41 billion figure. That must be from net----
Mr. CRAIG. Apparently it is. In this debate, I would not dare say,
well, it is only a few billion. But in that business, it really is,
tragically enough.
Mr. SIMON. Even assuming your figures, the reality is this is roughly
twice as much----
Mr. CRAIG. That is the point.
Mr. SIMON. As foreign aid that goes to those who are poor.
Mr. CRAIG. As you just mentioned, it goes to an entirely different
class of people.
Mr. SIMON. Absolutely. The point is well taken.
Mr. President, I yield the floor.
Exhibit 1
[From the New York Times]
A Wrongheaded Amendment
When the Senate votes tomorrow on a constitutional
amendment, proposed by Senator Paul Simon of Illinois, that
would require Congress to balance the Federal budget, the
outcome will be close. Such an amendment would be a political
mistake. It would allow a mere 40 out of 100 senators and a
similar minority in the House to block legislation that would
create a deficit. And because the amendment includes no
enforcement procedure, it would drag courts where they do not
belong--into routine budget disputes.
Fiddling with the Constitution could be defensible if a
mighty public purpose were at stake. But Mr. Simon's
amendment, and substitute versions also up for voting, would
engrave into the Constitution a standard--zero deficits--that
makes little economic sense. The deficit, as measured by
Congress, takes no account of inflation, no account of
growth, no account of recession and no account of the value
of public investment.
Yes, the Federal deficit over the last 15 years has been
too high. When the Government spends more than it taxes, it
borrows the balance. Borrowing threatens to siphon money away
from businesses that would have used it for plants and
equipment. When this happen, the private economy is left less
productive--a blow to our children's living standards.
So Federal borrowing must be contained. But at what level?
For several reasons the answer is not necessarily zero.
Consider the impact of growth. As incomes rise, individuals
can afford to carry more debt. At current growth rates,
Congress can run deficits and still keep the debt growing
less quickly than incomes. Or consider the impact of
inflation. Inflation eats away at the economic value of
government bonds that individuals hold. At current rates of
inflation, Congress could run a $100 billion deficit without
raising the real value of the debt.
But the biggest danger lurking in a balanced budget
amendment has to do with the way Congress keeps its books.
The Federal budget lumps together ordinary spending (for farm
subsidies or administrative salaries) and long-term public
investment (for mass transit of scientific research). Forced
to cut out hundreds of billions from the deficit, Congress
will be driven to eliminate big-ticket investments whose
payoffs are far into the future and preserve lower-cost
giveaways to politically powerful special interests. At risk
will be spending on education, training and infrastructure.
The proposed amendment also poses a threat when the economy
turns sour. During downturns, tax revenues fall off, sending
the budget into deficit. Under the amendment, Congress would
be required to cut spending and raise tax rates--throwing the
economy into a steeper tailspin. The only way out is for
three-fifths of each house to suspend the amendment--a vote
that would be nearly impossible to achieve until the economy
had slipped badly.
Though the 1993 budget law should keep deficits tame for
now, they are expected to soar again by the end of the
decade. But the villain is almost entirely health care costs.
The answer to that is health care reform, not a destructive
constitutional straitjacket.
TABLE 3-3. LIFETIME NET TAX RATES UNDER ALTERNATIVE POLICIES
[In percentages]
------------------------------------------------------------------------
Health
care
With reform
Generation's year of birth Before After health but
OBRA93 OBRA93 care faster
reform cost
growth
------------------------------------------------------------------------
1900........................... 23.6 23.6 23.6 23.6
1910........................... 27.2 27.2 27.2 27.2
1920........................... 29.0 29.0 29.1 29.1
1930........................... 30.5 30.6 30.9 30.9
1940........................... 31.6 31.9 32.4 32.2
1950........................... 32.8 33.2 34.0 33.5
1960........................... 34.4 35.0 35.9 35.2
1970........................... 35.7 36.5 37.6 36.6
1980........................... 36.0 36.9 38.2 36.7
1990........................... 35.5 36.5 38.3 36.2
1992........................... 35.4 36.3 38.3 36.0
Future generations............. 93.7 82.0 66.5 75.2
Percentage difference: future
generations and 1992.......... 165.1 126.0 73.9 108.8
------------------------------------------------------------------------
Mr. REID addressed the Chair.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Mr. President, we had an agreement before Senator Simon
arrived that Senator Dorgan could speak next for 15 to 20 minutes. So I
will preside while he does that, off my time.
Mr. SIMON. That is perfectly acceptable to me.
Mr. CRAIG. Mr. President, I was unaware and I accept that agreement
certainly because we want to keep the debate moving. I ask the Senator
from Oklahoma be able to follow immediately following the Senator from
North Dakota.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The Senator from North Dakota is recognized for 20 minutes followed
by the Senator from Oklahoma.
Mr. DORGAN. Mr. President, thank you very much for your courtesy.
I have listened with interest to this debate about the constitutional
amendment to balance the budget.
This debate is now 1 week old. And I want to mention that I was
reading last evening a small book that I am sure Senator Simon has
read, since he reads everything. It is a book written by Mr. Fulghum
entitled ``All I Really Need to Know I Learned in Kindergarten.''
He points out that the lessons you learn in kindergarten are enduring
lessons. They really are all that you need to know. Mr. Fulghum says
the lessons are: Share everything; play fair; do not hit people; put
things back where you found them; clean up your own mess; do not take
things that are not yours; say you are sorry when you hurt someone;
wash your hands before you eat; flush; and when you go out into the
world, watch for traffic, hold hands and stick together.
I read his book a couple of times because the lessons are simple but
pretty straightforward. The lesson for this debate, I suppose, is do
not take things that are not yours. We are literally spending resources
today that are not ours. They are our children's and our
grandchildren's. But we are avoiding tough choices and we keep spending
our children's resources.
We have an addiction to debt. It is not just Government debt that is
a problem. Our country is addicted to debt. It is not just Government,
but individuals, too. Go home and open your mail tonight and see if you
do not have another credit card company asking you to please accept
some of their credit so you can go deeper into debt. You are even
preapproved.
Corporate debt has risen astronomically. Consumer debt has risen
astronomically. Federal debt and Federal yearly deficits have increased
at an alarming and dangerous pace.
But when Congress tries to cut the deficit, we get into these awful
partisan wrangles about whether this remedy is better than that remedy.
Do we cut spending? If so, which programs do we cut? Do we raise taxes?
If so, which ones? These debates can be agonizing.
This Senate is now considering two constitutional remedies. Some feel
very strongly that any constitutional remedy is inappropriate. They
believe very strongly that this is a terrible mistake. My friend, the
Senator from West Virginia, [Mr. Byrd], a Senator of legendary service
around here, someone for whom I have the highest respect, feels very
strongly that any constitutional approach is fundamentally wrong.
I do not share that view. I did share it some years ago when I came
to Congress. I do not share it any longer. I believe we must find the
strongest possible solution to force this country's fiscal policy into
some kind of balance.
The question is, what remedy will we use? I am definitely going to
vote for the substitute amendment offered by the Senator from Nevada,
[Mr. Reid]. But even if Senator Reid's amendment fails, I am willing to
vote for the constitutional amendment offered by Senator Simon. I do
not believe those who brought the Simon amendment to this floor really
believe that they are offering us the Old Testament; it is the word; it
is the word that is unchangeable; it is the only word. No, that is not
the case.
The Senator from Nevada has offered constitutional language that
would amend the Constitution to require a balanced budget, but would
make several changes in what is offered by Senator Simon.
I would say to my colleagues that I, too, have had reservations about
changing the Constitution in any way. I revere that document. I think
all Senators do.
We have seen different attempts to change the Constitution, and I
have resisted them--flag burning amendments, prayer amendments,
abortion amendments. I have said, ``I'm sorry, I just don't think we
ought to change the Constitution in that way.''
But as we have gone through these debates year after year after year,
our fiscal policy has been dangerously out of balance, with seemingly
no hope of getting it under some control. We are now suggesting a
constitutional amendment to force us to control our budget.
A constitutional amendment? I agree with that. Is the Reid amendment
an appropriate amendment? Yes, I think it is. Is the Simon amendment an
appropriate and good amendment? Yes, I think it is, too.
I do not think that you must be in a position of saying I will vote
for one and then against the other, or I will support the other and not
the one. Let me describe why.
The Reid amendment includes a provision dealing with Social Security
that I drafted. That is an improvement, in my judgment, over the Simon
amendment.
The Senator from Idaho has argued that my provision makes balancing
the budget easier. It is exactly the opposite in fact. If you take
Social Security out of the constitutional amendment, you require a
higher threshold, a higher standard, a greater amount of effort to get
this budget into some balance. As the Simon amendment now stands, you
conceivably could have a $100 billion yearly surplus in Social Security
and a $100 billion yearly operating deficit in the rest of the budget.
Under the Simon amendment you would be perfectly in balance. But you
would not have forced the savings necessary in the Social Security
system. The Social Security system is saving up for some lean years to
come. If the rest of the Government runs a deficit, we will defeat the
purpose of the Social Security surplus.
In 1983 we passed a Social Security reform bill that increased
Social Security taxes, the most regressive of all taxes. We changed the
retirement age from 65 to 67 and made a number of other adjustments in
the system. We deliberately decided that we needed to build up a
surplus between now and the year 2035--so that we would have a balance
to use when the baby boomers retire.
At the end of the Second World War all these folks came out and
produced the biggest crop of babies in the history of this country. The
baby boomers, the war babies they call them. When they retire, we will
have the maximum strain on the Social Security system.
In 1983, we decided we had to save for that day, so we created a
Social Security system that deliberately runs a surplus. This year the
surplus is between $64 and $70 billion.
You can say, the Federal deficit is x, but if you do not add the
Social Security surplus to x, you are not speaking honestly.
This chart shows the real budget deficit according to the President's
budget. Next year it will be $171 billion. But the honest number is
$241 billion, because we are using $70 billion in Social Security
surpluses to show a lower deficit. If you exclude the Social Security
surplus, the deficits grow year by year: $242 billion, $266 billion,
$272 billion, all the way to the year 2004 when our budget deficit will
be $503 billion.
This problem is not getting better. This problem is getting worse.
That is why the Reid amendment, which excludes the Social Security
surplus, is preferable. I appreciate very much the Senator from Nevada
including my provision excluding Social Security.
This next chart shows what the debt will be if you count the assets
of the Social Security trust funds. We will have a $4.9 trillion debt
in 1995. In 1999, our debt will be $6.3 trillion. By the year 2004, we
will owe around $8 trillion.
Some would try to justify this debt by reminding us that families
borrow. They ask, ``Do you know a husband and wife who pay off their
car the day they buy it? Do many families write a check to buy a
house?''
No. They borrow that money. That is true. But when the family buys
the car and goes into debt, it has to make incremental payments every
single month to reduce the debt. When a family buys a house and goes
into debt, that family must make incremental payments every single
month to reduce the mortgage. No one in this Chamber can name a single
month since 1980 in which the public debt has fallen. In every month
since then, the debt has risen. That is why I conclude we need a
constitutional amendment to balance the budget.
The Reid amendment, some say, is weak because it makes an exception
during a recession. It would enable the Government to help the economy
grow out of a recession. I do not see this as a liability. That
provision is an asset.
Others complain that the Reid amendment has a capital budget
capability in it. That is not a problem for me. In my judgment, that is
an asset. That is what the States do. And that is what private
corporations do.
So the Reid balanced budget amendment is an amendment that I can and
will easily support.
I bet that if you skip ahead 100 years from now and read the
financial history of the United States, you will look back at this past
decade and a half, and you will say, ``What on Earth were those men and
women serving in the Congress thinking about? How on Earth could they
have believed that they should do what they did, spend about 24 percent
of the gross national product, raise about 19 percent in revenue, and
charge the remaining 5 percent to the kids. How on Earth could they
have hooked their entitlement programs to inflation so they were
automatically increased and then have indexed their tax system so that
it did not adjust for inflation, and have created this tremendous
imbalance? How on Earth could they have believed that they were going
to get out of that mess?''
A constitutional amendment will end budget business as usual. And let
me emphasize that we have made massive constitutional changes before.
For years in this country women could not vote. Do you not suppose that
back in the 1860's, 1880's, 1890's people would say, ``Why should we
give women the right to vote? Things are just fine the way they are.
Nobody is complaining. It is just fine.''
We had a time in this country when it was just fine to own a slave.
At least that is what they thought. The Supreme Court even said it was
fine. At the time people thought, ``Well, gee, I think we are doing the
right thing. This does not seem wrong.''
Our country has done many things that did not seem wrong at the time.
This country's current fiscal policy is one of them.
A couple of years ago, a professor of history at Yale, named Paul
Kennedy, wrote a book called ``The Rise and Fall of the Great Powers.''
He evaluated the rise and fall of civilizations, of societies, and
tried to understand why that happened. Over long periods of history,
countries rise up, and become rich and powerful. When they do that,
they reach outward, and they extend their interests to other parts of
the world. When they extend their interests, they try to secure those
interests, and they build up their military forces to protect those
interests. Inevitably, another country rises up and competes. And
because the first country is using all of its money to defend its over-
extended interests abroad, it does not make the economic investments
necessary to sustain its future, and it falls.
I mention this because we have to make some choices if we are to
sustain our long-term prosperity.
The Senator from Nevada has offered a constitutional amendment to
balance the budget. I am going to vote for it.
If the Reid amendment does not pass, the Simon amendment will be
before us. I will likely vote for it. I want us to decide now, not
tomorrow, not next year, not a decade from now, that my children, when
they go into the job market, are going to find a growing economy. I
want America to remain a land of opportunity. And that is simply not
going to happen under the current set of circumstances.
This President has done more than his recent predecessors to cut our
deficit. He proposed a gutsy plan last year to Congress, and I am proud
I voted for it. Some of it was very controversial. I understand that.
But it does not take me 5 seconds to stand up and take credit for
voting for that plan. It was the right thing. It raised some taxes,
yes. It cut some spending, yes. It was certainly tough, but I voted for
it. I am proud of that.
Even with that tough medicine, we do not now see a blueprint for
reconciling our entitlement programs and other spending with our
revenues. Even with what we did last year, we do not have a plan for
the future of this country. That is why I am convinced we must impose
on ourselves the discipline of a constitutional balanced budget
amendment.
We could put this in the Constitution at 5 minutes after 3 this
afternoon and it will not make one nickel's difference in the deficit.
We will have to make changes to comply with the Constitution. We are
going to have to make difficult choices. But putting this requirement
in the Constitution, as either the Reid amendment, or the Simon
amendment would do, will require us to do the right thing for our
children and for our country.
That is why I am pleased to stand today in support of what the
Senator from Nevada has offered the Senate: a constructive,
appropriate, well-written, thoughtful constitutional amendment. And I
hope that when we vote on that at 3 o'clock tomorrow the Senate will
approve the proposal of the Senator from Nevada.
I thank the Senator from Nevada for his courtesy.
The PRESIDING OFFICER (Mr. Dorgan). Who yields time?
Mr. HATCH. I yield to the Senator from Oklahoma 10 minutes.
The PRESIDING OFFICER. The Senator from Oklahoma is recognized for 10
minutes off the time of the Senator from Utah.
Mr. NICKLES. Mr. President, first, I wish to congratulate my
colleague and friend, Senator Dorgan from North Dakota, for his
statement. Especially his statement in which he said he was going to
vote for the Reid amendment and that, if it should not pass, he intends
to vote for the Simon amendment. I happen to prefer the Simon
amendment. It is my intention to vote against the Reid amendment in
favor of the Simon amendment. But I want a balanced budget amendment to
pass.
I think it is vitally important that we take some steps today and
tomorrow to make it pass.
I also wish to compliment my friends and colleagues, Senator Simon,
Senator Craig, Senator Hatch, and Senator Thurmond, for their
leadership on this issue. Senators Hatch and Thurmond I have had the
pleasure of working with for some time, and they have been diligent in
their efforts to try to pass a constitutional balanced budget
amendment. We did pass it on the floor of the Senate, I believe, in
1982 by a couple of votes. We have tried a couple of times subsequent
to that and have been short a couple of votes. My guess is, Mr.
President, this will be a very close vote and, in all likelihood, will
be decided by one or two votes.
So every single vote is important. This is probably one of the most
important votes that we will cast this year.
It is interesting to note the significant history of this debate. I
would love to find that the vote that was cast in 1994 will be a vote
to pass the balanced budget amendment for the second time in the
Senate, and hopefully the House will concur.
I also, Mr. President, would like to compliment Senator Byrd for his
tenacity, for his commitment, and for his dedication in opposition. He
is very persistent. I happen to appreciate somebody who is willing to
stand up on difficult issues and express themselves very forcefully,
and certainly he has done so.
I also had the opportunity to participate in some of the hearings
that Senator Byrd conducted last week. I felt maybe those hearings were
a little unbalanced. They were certainly constructed to advocate
Senator Byrd's position in opposition to the balanced budget amendment.
I appreciate that, although I disagree with the results. I mentioned
that to Senator Byrd and also to some of the witnesses.
Mr. President, I became concerned after listening to some of the
witnesses that Senator Byrd had the one day I attended--Secretary
Shalala, Secretary of Health and Human Services, made some very
draconian statements. She said that if we pass the balanced budget
amendment we will take the ``care'' out of Medicare and we will take
the ``security'' out of Social Security. I happen to disagree.
Secretary Brown of Veterans Affairs was there, and he said that if we
pass this, we are going to gut programs for veterans. We would have to
have an 11.2 percent reduction in veterans programs and not even be
able to fund programs for service-connected veterans.
I could not help but think the administration is really mounting a
hype campaign against this amendment that is not sustained by facts or
reasonable analysis.
I also serve on the Budget Committee, and we had Secretary Bentsen
and OMB Director Panetta before the committee. They were talking about
how great it is that the deficit is declining substantially. Last year,
in January 1993, CBO estimated the deficit for 1995 would be $284
billion, and in January 1994, CBO estimated that the deficit will be
$171 billion. That is an improvement of $113 billion in 1 year.
I will insert for the Record an analysis of where that $113 billion
comes from.
There being no objection, the material was ordered to be printed in
the Record, as follows:
NEW SPENDING IN THE CLINTON BUDGET PLAN, INCREASES ABOVE 1994 LEVELS
[In billions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
1995 1996 1997 1998 1999 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Crime bill initiatives:
Budget authority.............................. 2.466 4.333 5.049 5.553 6.581 23.982
Outlays....................................... .736 2.324 3.925 4.982 6.449 18.416
Head Start:
Budget authority.............................. .700 1.400 2.100 2.800 3.500 10.500
Outlays....................................... .463 1.204 1.872 2.567 3.266 9.372
Housing vouchers:
Budget authority.............................. 1.339 1.408 1.478 2.658 3.138 10.021
Outlays....................................... .456 1.003 1.633 2.301 3.064 8.457
NIH:
Budget authority.............................. .517 .999 1.501 2.024 2.569 7.610
Outlays....................................... .758 1.429 2.118 2.820 3.343 10.468
Title 1 education:
Budget authority.............................. .667 .909 1.152 1.397 1.642 5.767
Outlays....................................... .029 .583 .899 1.151 1.395 4.057
National service:
Budget authority.............................. .275 .784 1.012 1.285 1.610 4.966
Outlays....................................... .165 .504 .908 1.189 1.468 4.234
Dislocated workers:
Budget authority.............................. .347 .746 1.047 1.047 1.095 4.282
Outlays....................................... .415 .797 1.184 1.497 1.594 5.487
WIC:
Budget authority.............................. .354 .704 .956 1.035 1.184 4.233
Outlays....................................... .316 .674 .925 1.017 1.161 4.093
Goals 2000:
Budget authority.............................. .595 .895 .895 .895 .895 4.175
Outlays....................................... .141 .605 .916 .981 .987 3.630
NIST growth:
Budget authority.............................. .415 .569 .859 .887 .902 3.632
Outlays....................................... .157 .411 .687 .887 .986 3.128
IRS tax modification:
Budget authority.............................. .295 .803 .841 .787 .610 3.336
Outlays....................................... .244 .671 .829 .849 .718 3.311
SSI processing:
Budget authority.............................. .327 .156 .668 .743 .862 2.756
Outlays....................................... .371 .516 .700 1.046 1.145 3.778
Highways:
Budget authority.............................. .323 .323 .168 .168 .168 1.150
Outlays....................................... .621 1.475 1.767 1.767 1.846 7.476
Homeless programs:
Budget authority.............................. .427 .177 .177 .177 .177 1.135
Outlays....................................... .286 .408 .676 .933 1.072 3.375
All other increases:
Budget authority.............................. 5.803 7.087 8.034 8.609 9.438 38.977
Outlays....................................... 3.019 6.435 8.372 9.871 10.870 38.567
-----------------------------------------------------------------------------------------------------
Total:
Budget authority.............................. 14.856 21.293 25.937 30.065 34.371 126.522
Outlays....................................... 8.177 19.039 27.411 33.858 39.364 127.849
--------------------------------------------------------------------------------------------------------------------------------------------------------
SOURCE OF DEFICIT CHANGE SINCE PRESIDENT CLINTON TOOK OFFICE
[In billions of dollars]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Fiscal year 1993 Fiscal year 1994 Fiscal year 1995 Fiscal year 1996 Fiscal year 1997 Fiscal year 1998 Total 1993-98
---------------------------------------------------------------------------------------------------------------------------------------------------------
Amount Percent Amount Percent Amount Percent Amount Percent Amount Percent Amount Percent Amount Percent
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CBO deficit baseline (January 1993)... 310 ......... 291 ......... 284 ......... 287 ......... 319 ......... 357 ......... 1,848 .........
CBO deficit baseline (January 1994)... 255 ......... 223 ......... 171 ......... 166 ......... 182 ......... 180 ......... 1,177 .........
---------------------------------------------------------------------------------------------------------------------------------------------------------
Deficit change.................. (55) ......... (68) ......... (113) ......... (121) ......... (137) ......... (177) ......... (671) .........
=========================================================================================================================================================
Sources of deficit change:
Spending cuts\1\.................. 4 -7 4 -6 (5) 4 (20) 17 (39) 28 (56) 32 (112) 17
Tax increases\2\.................. 0 0 (28) 41 (46) 41 (56) 46 (66) 48 (67) 38 (263) 39
Debt service...................... 0 0 (1) 1 (2) 2 (7) 6 (13) 9 (20) 11 (43) 6
Economic changes.................. 0 0 (13) 19 (15) 13 (12) 10 (14) 10 (25) 14 (79) 12
Technical and other\3\............ (59) 107 (31) 46 (45) 40 (27) 22 (5) 4 (9) 5 (176) 26
---------------------------------------------------------------------------------------------------------------------------------------------------------
Total........................... (55) 100 (68) 100 (113) 100 (121) 100 (137) 100 (177) 100 (671) 100
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\OBRA 1993 discretionary and mandatory spending cuts minus higher outlays for emergency unemployment compensation and supplemental appropriations for flood relief.
\2\OBRA 1993 tax increases.
\3\Technical reestimates (deposit insurance, revenues, and medicare/medicaid) and OBRA 1993 debt service savings.
Note.--Details may not add due to rounding.
Sources: CBO January 1993 report, CBO September 1993 report, CBO January 1994 report.
------------------------------------------------------------------------
Year Revenues Outlays Deficits Gross debt
------------------------------------------------------------------------
1960....................... 92 92 0 290,525
1961....................... 94 98 (3) 292,648
1962....................... 100 107 (7) 302,928
1963....................... 107 111 (5) 310,324
1964....................... 113 119 (6) 316,059
1965....................... 117 118 (1) 322,318
1966....................... 131 135 (4) 328,498
1967....................... 149 157 (9) 340,445
1968....................... 153 178 (25) 368,685
1969....................... 187 184 3 365,769
1970....................... 193 196 (3) 380,921
1971....................... 187 210 (23) 408,176
1972....................... 207 231 (23) 435,936
1973....................... 231 246 (15) 466,291
1974....................... 263 269 (6) 483,893
1975....................... 279 332 (53) 541,925
1976....................... 298 372 (74) 628,970
1977....................... 356 409 (54) 706,398
1978....................... 400 459 (59) 776,602
1979....................... 463 504 (40) 828,923
1980....................... 517 591 (74) 908,503
1981....................... 599 678 (79) 994,298
1982....................... 618 746 (128) 1,136,798
1983....................... 601 808 (208) 1,371,164
1984....................... 667 852 (185) 1,564,110
1985....................... 734 946 (212) 1,816,974
1986....................... 769 990 (221) 2,120,082
1987....................... 854 1,004 (150) 2,345,578
1988....................... 909 1,064 (155) 2,600,760
1989....................... 991 1,143 (153) 2,867,537
1990....................... 1,031 1,253 (221) 3,206,347
1991....................... 1,054 1,324 (270) 3,598,993
1992....................... 1,091 1,381 (290) 4,002,669
1993....................... 1,153 1,408 (255) 4,352,000
1994....................... 1,251 1,474 (223) 4,690,000
1995....................... 1,338 1,509 (171) 4,995,000
1996....................... 1,411 1,577 (166) 5,314,000
1997....................... 1,479 1,661 (182) 5,656,000
1998....................... 1,556 1,736 (180) 6,003,000
1999....................... 1,630 1,834 (204) 6,375,000
2000....................... 1,706 1,931 (226) ..........
2001....................... 1,783 2,039 (256) ..........
2002....................... 1,868 2,156 (288) ..........
------------------------------------------------------------------------
Mr. NICKLES. Mr. President, some people will say that $113 billion
reduction was a direct result of the deficit reduction package that
passed last year. My colleague from North Dakota said he was proud to
have voted in favor of that package. I was proud to have voted in
opposition to it because it contained over $2 in tax increases for
every $1 of spending cuts. For fiscal year 1995, the spending cuts that
were projected by CBO as a result of last year's package totaled $5
billion. The tax increases totaled $46 billion; plus $2 billion in debt
savings. Economic changes were $15 billion and technical and others
were $45 billion; in other words, we are not going to spend so much
money on S&L's.
But the point I am making is that of the $113 billion, only $5
billion of it was spending cuts. I might add for the Record we are
ultimately not going to have $5 billion in spending cuts because we
just passed an urgent supplemental that is going to increase spending
by $8.5 billion.
So finally there are not going to be any spending cuts according to
CBO, in 1995. Also, Mr. President, there are no spending cuts in 1994
or in 1993. In the first 3 years of this administration there are no
spending cuts whatsoever. In 1993, there was a $4 billion spending
increase. There was also a $4 billion spending increase for 1994. So, I
did not support the Clinton tax package because I did not feel it was
balanced.
My point is that some of us who really and truly believe in deficit
reduction and really and truly believe in achieving a balanced budget
did not feel as though the package that passed last year was very
balanced. It was loaded with taxes--retroactive taxes in some cases--
and spending cuts that are very heavy in the outyears. Most of the
spending cuts do not occur until after the next Presidential election.
Mr. President, the reason I bring up spending is because I see that
as a real source of the problem. Federal spending has ballooned in the
past several decades. Some people say it has grown just in the last 12
years. No it has not.
I will insert this chart for the Record, but in 1960, we spent less
than $100 billion--actually $92 billion; in 1970, we spent less than
$200 billion. I might add for my colleagues, this includes Social
Security. In 1980, we spent a little less than $600 billion. Ten years
later, in 1990, that more than doubled; we spent $1.2 trillion.
Actually, it was $1.253 trillion. So we more than doubled in the next
10 years, between 1980 and 1990.
In the year we are looking at now--1995--we will spend $1.5 trillion.
By 2000, we will spend $2 trillion. Federal spending continues to
escalate at a very rapid rate. To me, that is the problem. We had
massive tax increases last year, but you see the total deficit
continuing to expand.
As a matter of fact, in President Clinton's first 4 years, according
to his budget estimates, the national debt will increase $1.3 trillion.
If you looked at the next term, or the next 4 years, the national debt
will increase from about $4 trillion in 1992 to $6.4 trillion in the
year 1999. That is an increase of $2.4 trillion between 1990 and 1999.
So the Federal debt, given the tax package that passed last year,
given the so-called spending cuts that have happened, will actually
increase by $2.4 trillion between the year 1990 and 1999. That is
according to CBO. I will insert these for the Record, also.
What does that mean? When we talk about trillions of dollars, I think
it is hard for most people to comprehend. Basically, it means that the
Federal debt, per capita, is $17,000 for every man, woman, and child in
the United States. That is a figure we can grasp--$17,000 for every
single man and woman and child in the United States. In 1980, it was
about $4,000. So it increased dramatically and continues to increase
dramatically in the next 4 to 8 years. That is the reason we need to
pass the balanced budget amendment.
I agree with my colleague from North Dakota that that does not mean
we have solved the problem. It means that we in Congress are going to
have to make difficult decisions that may not be popular, and they may
result in some politicians being defeated. But we have to make some of
those difficult decisions. Forty-eight States have provisions in their
constitutions that require a balanced budget. We should have it in the
Federal Constitution, as well.
Some of my colleagues say we have already made dramatic spending
cuts. If you look at the total growth in spending, you see we really
have not touched the mandatory spending. Again, Senator Dorgan
mentioned that in his comments. Yes, we had budget agreements in 1990
and 1993 that limit or freeze discretionary spending, but we really
have not grappled with the so-called uncontrollable spending, the
mandatory spending in the Federal budget. I doubt that we will, until
we are forced or required to by the Constitution. This is spending that
will increase automatically by law, unless we change the law.
It is going to take some congressional courage of both Democrats and
Republicans to make that happen. But it has not happened. It did not
happen throughout the 1980's. It did not happen under President
Reagan's administration or under President Bush's administration, and
it has not happened under President Clinton's administration.
I am concerned about some of the things proposed for the future,
because when we look at some of these charts, they do not include
health care reform. I notice that President Clinton has a lot of new
spending in his budget, not even in the entitlement categories. He
wants to spend $127 billion in new spending over and above 1994 enacted
levels. I will include a table of those increases for the Record, as
well.
While a lot of people say we need to cut spending, they do not vote
that way. We had a vote on the floor of the Senate a couple weeks ago
to cut spending by $94 billion, and we could not get a majority vote
for it. We had a vote on the floor about the same time on an urgent
supplemental. Some of us wanted to pay for it, and we got 43 votes.
They said, ``We want to help the people who are victims of the disaster
in California, but we do not want to pay for it.'' So we added $8.5
billion to the national debt.
Some of us really believe we need to cut spending. Some are more than
willing to make difficult votes to do so. But I think it may take a
constitutional amendment to enable us to get 50 votes to make that
happen.
This amendment does not prescribe how we get there. It says you
cannot spend more than you take in. That means legislators have to make
difficult decisions.
I am also concerned about other new spending that the administration
has proposed. There are now proposals in the Clinton health program
that say the Federal Government should pick up 80 percent of the health
costs for retirees between the ages of 55 and 65. That will only
explode in costs. There are also new long-term disability benefits and
new prescription drug benefits. There are massive new subsidies for
business. President Clinton is going to subsidize small business and
big business.
Big businesses will not have to pay any more than 7.9 percent of
their payroll cost for health care. Right now, it may be 15 and 20
percent. Who is going to make up the difference?
Small business will pay 3.5 percent. The Clinton benefit package is
estimated by the CBO to cost about $6,000 per family. If they only have
to pay 3.5 percent, then the taxpayers are going to have to make up the
balance.
Mr. President, this administration is calling for a lot of new
spending. I believe it is irresponsible because it is not paid for. I
look at these previous votes that we have had on a balanced budget
amendment and I see that the national Federal debt continues to
escalate every time. I would like to think we would pass it now instead
of coming back and debating this on the floor 2 years, or 4 years from
now, and instead of saying we have $4.4 trillion debt, we have a $6-
point-something trillion debt.
The debt now totals $17,000 for every person in the United States. I
would hate to think we will be debating this again when it is $25,000
per person, or $30,000 per person, or when it is $40,000 per person.
Mr. President, this, in my opinion, is the most critical vote we will
cast in the Senate, certainly, this year. Again, I wish to compliment
Senator Simon, Senator Hatch, Senator Craig, and Senator Thurmond, and
all of the colleagues that have shown the courage to take a strong
stand on this issue. I think it is vitally important, and I hope my
colleagues will concur with our vote tomorrow.
I yield the floor.
The PRESIDING OFFICER (Mr. Simon). The Senator from Utah is
recognized.
Mr. HATCH. Mr. President, I yield 5 minutes to the distinguished
Senator from New Hampshire.
Mr. GREGG. Mr. President, first, I wish to congratulate the author of
this amendment, the Presiding Officer in the chair for the moment, and
Senator Craig from Idaho. I think it is an excellent proposal and has
been already reflected in the discussion on this floor. It is probably
the most significant vote that we will cast in this session of the
Senate. Hopefully, it will pass and, if it passes, it will be the most
significant action which this Congress has taken in literally decades
in order to get its house in order and the fiscal house of this Nation
in order so that we may pass on to the next generation a stronger and
more vibrant nation than we received when we took the position of
responsibility that we have here today as Senators.
That is the test which I think any generation must put itself to in
evaluating how it addresses its role in history. Do we, as a
generation, pass on to our children and succeeding generations a
stronger and more vibrant country?
The answer today to that question would be no. Under the numbers that
have already been discussed here and the proposal sent up by the
President in his budget submission, it has been pointed out that a
child born today will pay 82 percent of his or her earnings in taxes;
that a person born between the period 1950 and today will pay over 60
percent of his or her earnings in taxes. It is only the generation born
before 1950 that is going to pay a third of its earnings in taxes.
It is certainly not an appropriate legacy for our generation to be
passing on to the next generation a tax burden of 82 percent. It
undermines the capacity of the next generation to obtain prosperity and
live the type of lifestyle which our generation has been fortunate
enough to have.
So this balanced budget amendment comes forward in a very critical
time so that we can put in place the laws that are necessary and the
actions that are necessary within this Congress in order to bring down
that heavy burden on the next generation in the area of taxes.
A lot of people have spoken today who have had reservations about
this amendment and have said that it is inappropriate to introduce it
into the Constitution because it will violate the authority of the
Congress. The power of the Constitution comes not from the Congress or
from the people who serve in the Senate or the House; the power of the
Constitution comes from the people. That is fundamental to our form of
government. It is a ``we the people'' form of government.
When you look at the Constitution, that is a living, breathing
document that was structured in a way by our forefathers so that the
people when they desired it to be changed could do so through the
amendment process. This amendment is consistent with that authority
which is retained in the people.
Let us remember that should we pass this joint resolution out of this
Senate and should it be passed out of the House and, therefore, should
it be sent back to the States for ratification, it would still not be
law until it had been ratified by 38 States, and that would engender a
tremendous, vibrant, and appropriate debate across this country as to
the appropriateness of a balanced budget amendment. That debate would
be good. It would be excellent, and it would involve the people of this
Nation in deciding their future and whether or not they wish to tie
this to the Constitution.
If the Congress wished to abate that debate and take steam out of the
initiative, the Congress could do so with relative ease by putting in
place legislation which would address the long-term deficit--do what we
are supposed to do anyway. But we have not done that. We have not done
it for 25 years, and I doubt that we will do it in the immediate
future.
But if the Congress wished to in some way mitigate the impetus for
passage of this amendment at the State level, it could do so by
undertaking its obligation to manage the deficit appropriately and
manage the finances of the Nation appropriately but, in the
alternative, should the Congress not undertake that, should it not put
in place the appropriate actions to mitigate the initiatives, then it
would probably pass the 38 States, and should it pass the 38 States, it
would be the people speaking and the people amending the Constitution,
and that is where the authority rises, and that is where it should be.
We, as a nation, really do have an obligation and we, as a Senate,
have an obligation to give our children the same opportunity for
prosperity for their capacity to have a fine and excellent lifestyle as
we have had, but we have robbed our children of that capacity due to
our irresponsible actions in the area of managing the fiscal policies
of this Nation.
Everyone has pointed out that this constitutional amendment will not
immediately correct that problem. But what we also all understand is
that this constitutional amendment will put in place the mechanisms
which will force this Congress over the long run--it will not happen
immediately, but over the long run--to take the action which is
responsible and which is appropriate to assuring the prosperity and the
financial solvency of this Nation.
The PRESIDING OFFICER (Mr. Graham). The Senator's 5 minutes have
expired.
Mr. GREGG. I thank the President and yield back my time.
The PRESIDING OFFICER. The Senator from Utah.
Mr. HATCH. Mr. President, I yield such time as the Senator may need
to the distinguished Senator from Missouri.
The PRESIDING OFFICER. The Senator from Missouri is recognized.
Mr. DANFORTH. Mr. President, I thank the Senator from Utah.
Mr. President, I would like to speak primarily today on the question
of judicial taxation. But at the outset, I want to express why I
believe a constitutional amendment is appropriate in dealing with the
question of the budget.
A number of people have raised the question of whether or not this is
appropriate for the Constitution. They say that we should just go ahead
and legislate and that by putting a balanced budget amendment in the
Constitution it is doing something that is not necessary and is not
really appropriate for constitutional language.
I take the opposite view. The fact is that we have not done a good
job of balancing the budget. We never do it. It used to be thought that
countercyclical spending was the way to operate an economy--that at the
down times in the economy, we would run deficits; and in prosperous
times, we would run a surplus; that over a period of time, it would
balance out.
We do not do that. We do not even begin to. In good times and bad
times, the times of recession and times of great prosperity, we go on
year after year after year and never running a surplus, always running
a deficit, and the result of this is that in a very short period of
time, 20 years, the national debt has gone from under a $\1/2\ to $4\1/
2\ trillion. We are not capable of dealing with the budget deficit
under the present structure in which we are working.
But I believe that there is a special reason why this is appropriate
for a constitutional amendment, and that is that our constitutional
structure was designed by our Founding Fathers to protect those
elements in our society who would not be protected by a simple
democracy. So we built into our Constitution a system of checks and
balances.
Why do we have a system of checks and balances? We did it to protect
those people who are minorities, those people who are from various
regions of the country that might be underrepresented to make sure that
the majority does not run roughshod over them.
The same is true with respect to the Bill of Rights. The Bill of
Rights could be called an undemocratic document because it says that
regardless of what the majority says, minorities are protected.
Peoples' liberties are protected even if they are a minority of one.
The present state of affairs in our country is that we have a
forgotten and totally unprotected minority, and that forgotten and
unprotected minority is our children. The unprotected group in this
country are the people who are not beneficiaries of the largess of the
Federal Government, the people who are not the beneficiaries of the
very popular entitlement programs, the people who are not receiving
checks from Uncle Sam, our children, our grandchildren, and generations
yet to come with whom we are saddling a debt which is now $4\1/2\
trillion and which is growing every day without any sign of doing
anything to try to bring that debt under control.
So I believe that when there is a portion of our populous that is
suffering because of the way we are conducting our affairs, we should
look at the Constitution and see if there is not some way to provide
some protection for our posterity.
That, as a matter of fact, was part of the reason for the
Constitution, in the preamble, to secure the blessings of liberty for
our posterity. Well, what has happened to our posterity?
I remember a number of years ago when Paul Volcker was the Chairman
of the Federal Reserve Board, he met with the Senate Finance Committee
and we were discussing then the problem of the Federal deficit. Paul
Volcker said that running deficits year after year is like consuming
arsenic; like arsenic poisoning. He said:
Arsenic poisoning does not kill a person instantly. It
kills a person over a long period of time by making the
person weaker and weaker and weaker. So it is with the
deficit. So it is with the mounting national debt. It is not
something that kills us instantly, usually; it is something
that makes us weaker and weaker and weaker.
So older people in our country and middle-aged people in our country
can enjoy the largess of the Federal Government and not really worry
about how weak as a country we are going to be 10, 20, 30 years down
the road. We can say, ``Well, that is for our children to worry about.
That is for our grandchildren to worry about.'' And therefore, our
children and our grandchildren are being disadvantaged by the way we,
who are older, are conducting our own affairs.
So when there is a vulnerable part of our population, that is exactly
the time when we should be looking at our Constitution to ask
ourselves: Are we doing a sufficient job of protecting that vulnerable
population? Right now, we are not doing a sufficient job of protecting
our children and generations to come. So it is time to address that in
the Constitution. That is precisely what this proposed amendment would
do.
I have had a problem with the proposed constitutional amendment, and
I want to tell the Senate what the problem is and what we are going to
do about it. The problem which I have seen is I have been concerned
that if we were to pass a constitutional amendment relating to a
balanced budget, the effect of the constitutional amendment could put
in the hands of the judiciary the power to reach a balanced budget. In
other words, my concern was that a Federal judiciary, a Supreme Court
in particular, that is an activist court at some future time could take
the position that if Congress does not do the job of meeting the
requirements of the balanced budget amendment, then the court would do
that job in the place of Congress.
A lot of people have said,
Well, that is ridiculous. A court would never do that. A
court would never assume such a power, to create a balanced
budget. A court would never get into the business of ordering
taxes or ordering specific spending cuts.
However, just a few years ago, a Federal district court in Kansas
City, MO, held that it had the power to order tax increases in order to
improve the public schools of Kansas City in connection with a
desegregation case.
Last night, as a matter of fact, for people who watch ``60 Minutes,''
there was a program about the Kansas City school district and what
happened as a result of the Federal court ordering increased taxes and
increased spending on a school district in the amount of $1.2 billion
for the Kansas City, MO, school district.
So after the case of Missouri versus Jenkins, decided by the Supreme
Court, it is clear that under certain circumstances, the Federal courts
have assumed the power to impose taxes. And my concern was that
Missouri versus Jenkins could be the model for some future action by
the Federal courts.
This is not, incidentally, a new concern. The Senator from Illinois,
who is managing this constitutional amendment, was good enough to chair
a hearing in the Judiciary Committee a year or 2 ago about a proposed
constitutional amendment that I had offered with respect to judicial
taxation. That was a much broader amendment than the change in the
language which we are dealing with in connection with this
constitutional amendment.
But, in any event, it has been an issue that I have been wrestling
with, and as a result of that wrestling and as a result of discussions,
especially with the Senator from Illinois and his staff and the Senator
from Utah and his staff, the result has been a modification in the
language of the proposed constitutional amendment to provide as
follows:
The power of any court to order relief pursuant to any case
or controversy arising under this article shall not extend to
ordering any remedies other than a declaratory judgment or
such remedies as are specifically authorized in implementing
legislation pursuant to article VI.
Let me first make a comment about what this change in language does
not do. This language is not intended to expand the subject matter
jurisdiction of the Federal courts. This language is not intended to
manufacture a case or controversy under article III of the
Constitution, where one would not otherwise exist. We do not intend by
adopting this language to create a new form of case or controversy.
The hurdle that litigants must be able to clear with respect to a
justiciable case would continue to exist. A case or a controversy would
still have to exist in the future, just as it does today.
But the reason that this language was put in was concern about what a
future court might do in expanding what has traditionally been the
understanding of what a case or controversy is. In the last 30 years or
so, the Supreme Court of the United States has done that.
It used to be thought that the Federal courts did not have
jurisdiction over reapportionment cases. It used to be thought that the
business of drawing congressional district lines or legislative
district lines was not a matter that a court would do; that the court
would say that is inherently a legislative responsibility and that it
was not something that a court would do.
Well, in the 1960's, the Supreme Court of the United States got into
the business of reapportionment cases in Baker versus Carr. So the
definition of the kinds of cases the Federal courts would handle was
expanded.
It used to be thought that Federal courts did not have the taxing
power. Well, in Missouri versus Jenkins, the court said that well,
under certain circumstances, anyhow, the courts do have the power to
tax. And because of this expansion of the understanding of what courts
can now deal with--what meets the qualifications with respect to
standing and justiciability and political question and all of the other
barriers that used to keep cases out of the courts--because of this
expansion I, for one, was concerned that a future Supreme Court would
expand the understanding of case or controversy.
So, to repeat, it is not the intention of the authors of this
language to expand the definition of case or controversy. It is not the
intention to expand the presented state of the law with respect to
cases that meet the subject matter jurisdiction qualifications to get
into Federal court. Rather, what we are talking about is strictly the
question of remedy. If, at some future time, some Federal court were to
hold that some litigant is appropriately before the court, then we are
saying that the remedies the court can order are declaratory judgment
and that is it--not the power to issue an injunction, not equitable
relief, not the power to order the increase of taxation or the cutting
of spending. But only--only--the power to enter a declaratory judgment,
again providing that it is a real controversy.
We also say that if Congress sees fit in implementing legislation to
grant the courts additional powers, then those additional powers could,
of course, be assumed by the courts. I do not think Congress would do
that, but we leave open that possibility.
This language, which has now been accepted by the managers of the
bill and which will be incorporated into the constitutional amendment
that we will be voting on tomorrow, solves the problem of opening up
the possibility of court-ordered taxation or court-ordered spending
cuts. In order to sew this up and to make sure that what we intend is
actually done, my office has contacted two constitutional scholars
representing, really, both ends of the spectrum with respect to liberal
and conservative constructions of the Constitution. We asked Judge
Robert Bork, and also Professor Laurence Tribe of Harvard Law School,
their views of what we have done.
Judge Bork said:
The grant of the power to order a declaratory remedy,
limited as it is in this language, does not give rise to
judicial discretion to fashion any other order or injunction
or expand jurisdiction.
And Professor Tribe told us,
I do not agree with the argument that the power of
declaratory judgment which is being granted here could be
used as injunctive power or permit the judiciary to meddle
with Congressional powers. That concern is dealt with in this
language, which is explicit.
So, again, it is our purpose in offering this language with respect
to judicial taxation and judicial orders with respect to spending that
the courts have no such power, and that is the analysis that has been
given us, both by Judge Bork and by Professor Tribe. I am confident,
therefore, that the language which has been accepted by the managers
does deal with this important issue.
Some people might say, well, if the courts are not going to have the
power to tax and the courts are not going to have the power to order
spending cuts, why do it? Does the constitutional amendment, then,
accomplish anything?
My answer to that question is yes, it does, because in most cases,
throughout the history of the United States, it has been assumed that
courts do not have the power either to perform article I powers under
the Constitution--that is the legislative powers--or to order Congress
to do so. It has generally been viewed that the operation of the
Congress in exercising its constitutional responsibilities has been off
limits with respect to Federal court orders. The fact that Federal
courts have been very reluctant to get into the business of supervising
Congress because of the separation of powers does not mean that article
I of the Constitution is a nullity. It does not mean that Congress,
therefore, is an ineffectual organization.
The reason the Congress operates in accordance with its
responsibilities under article I of the Constitution is not that we
fear a court order. The reason is we have taken an oath to uphold the
Constitution of the United States and, therefore, the fact that we have
explicitly taken from the courts the power to tax and the power to
order spending cuts in the enforcement of this constitutional amendment
does not render the amendment a nullity. If it does, then all of
article I of the Constitution would be a nullity, because it is not
enforced by the courts.
So what we are left with, I think, is an amendment that is cured of
the problem that I saw in it, the problem I was concerned about, the
problem that unless it had been remedied would lead me to vote against
the constitutional amendment. I am now going to vote for it. I am going
to vote for it because I am confident that this amendment does not put
in the hands of the Federal courts the power to tax and the power to
spend but, rather, this constitutional amendment provides some
additional discipline on the Congress of the United States in spending
the people's money, and most particularly in spending money that we do
not even have, money we are borrowing from our future.
It is, in my opinion, the appropriate role of the Constitution to do
just that, and I will vote for the proposed amendment.
Several Senators addressed the Chair.
The PRESIDING OFFICER. Who yields time?
Mr. HATCH. I yield 15 minutes to the Senator from Indiana.
The PRESIDING OFFICER. The Senator from Indiana is yielded 15
minutes.
Mr. COATS. Mr. President, I thank the distinguished Senator, my
friend from Utah, for the time.
We have had a lot of complex arguments about this issue here in the
last several days. For me, it boils down to a very simple argument, and
it is a very simple principle, the principle of: Do not spend more than
you earn. It is something I was taught as a child and something I
attempt to teach my children and something I hope will be passed on in
our family from generation to generation. If you spend more than you
earn, you are going to get in trouble.
Yes, you can go out and borrow, but then you begin to start paying
interest and that interest will accumulate. Pretty soon, the interest
will start eating up a significant portion of what you make. Pretty
soon, you will dig yourself into a hole from which you cannot emerge.
It will affect your standard of living. It may affect your very
livelihood. So you shouldn't spend more than you earn.
That is a principle I would guess almost all parents in America try
to pass on to their children. It is something that every head of
household knows he or she has to live by, or risk financial ruin. It is
something every businessman and every business woman in America knows
they have to live by and discipline themselves to, or it risks failure
of that business.
It seems that is something every institution in America has to live
by, except the Federal Government. Only the Federal Government has
ignored that principle of do not spend more than you earn.
There is no question that the situation we face with our current
deficit and our current national debt is urgent. We all know the budget
has only been balanced once in the last 30 years. As a result now, our
national debt, because of the accumulation of debt that is added every
year from deficit spending, has now reached more than $4.5 trillion;
that has generated an interest payment in this fiscal year of over $200
billion--$200 billion of this year's receipts from taxpayers will have
to be paid on interest alone. It will not go for infrastructure
development, it will not go for medical research, it will not go for
social programs, it will not go to meet human needs, it will not go to
defense, it will not go as a return to the taxpayer of their hard-
earned dollars. It will simply be paid on interest, and that interest
debt is going to continue to mount year after year. It is something
which our children are going to have to inherit.
For those who think making an attempt today to balance the budget is
going to impose hardship on our population, they ignore the hardship
that is being imposed on us today, the things that we cannot invest
money in--education, health, environment, welfare, defense, whatever it
might be, capital investment--we cannot invest that money because it
simply is being paid on interest--more than $200 billion for fiscal
year 1994.
If that money were just returned to the taxpayer and invested in the
private sector, it would have a significant positive impact on our
economic performance as a nation.
I admit that amending the Constitution is not an easy matter, nor a
matter that we should take lightly. It is one of the most serious acts
of which the Congress is capable because it alters the fundamental
compact between our Government and its people.
But I would also argue that the accumulation of debt threatens the
very endurance of that compact, the very endurance of what that compact
was meant to achieve in the first place. That compact was not only an
agreement between the Government and the people, but an agreement
between us and future generations so that they can carry forward that
dream that our Founding Fathers envisioned.
Just this past Friday, I was in Philadelphia for a business meeting
and I had some time at lunch, jumped into a cab and went over to
Independence Hall to, once again, stand in the room where our Founding
Fathers struggled and drafted that document that has formed the basis
for the governing of our people. Once again, I was inspired by the
stories of the tour guide and by the atmosphere and being present in
that room. I realized the gravity of what we were attempting to do
here: Amend that document which has so well served this Nation for more
than 200 years.
But I also realized that the Constitution is a living document. It is
not a sacred document. It is a living document, a document that ought
to be examined to see if it can be improved or modified. Our Founding
Fathers, as we know, just 2 years after enactment added 10 amendments.
No one argued then that the document was so sacred that it could not be
changed. Since that time, we have added 17 more. Amendments should not
be added unless they are a matter of great national importance, and I
believe what we are debating today is one of those matters of great
national importance.
I do not think it is out of line to say that Congress has lost a
great deal of respect and a great deal of credibility with the American
people. We have promised what we cannot deliver, and one of the things
that we have promised is that we can handle this deficit without
something as dramatic and as serious as amending the Constitution; that
we can legislatively deal with this problem. We have promised the
American people time and time again that we will give them a balanced
budget; that we will eliminate this Federal deficit and we will even
begin perhaps paying down the national debt.
We have spent the full measure of trust that this institution has
with the American people on that promise. But the spending habits of
Congress, it seems, are just too entrenched. I believe we have not
delivered because rather than an ideological battle, this has something
to do with power: The power of the purse, the power of appropriation,
the power of spending the peoples' money, and we do not want to give
that power up because deficit spending has always made great political
sense.
It is wonderful to be able to tell groups that come into our office,
``Well, we will see what we can do.'' It is much tougher to say, ``That
is a worthy idea and I, perhaps, could give you some support but, you
see, I am sworn to uphold the Constitution of the United States and
that requires that we pay for that idea. We can either pay for it by
finding a program to eliminate or reduce and, therefore, free up some
money and pay for this new idea, or we can pay for it by asking you to
pay more in taxes to cover it.''
That is honest legislating. That is accountability to the people that
we represent. But instead, we are able to politically promise a benefit
without inflicting any sacrifice or commitment on the part of the
American people to pay for that benefit until future generations. And
so we can easily skirt through our term or terms of office without
facing up to the reality that someone is going to have to pay that
bill. ``Oh, we will let another politician worry about that in their
term. I will just get through my terms of office here and push that
down the line; other generations can pay for it.''
The future has no vote in the current election, and so we pass on
that accountability and responsibility.
We have had before us a whole series of promises to pay that debt.
When I came here in 1981, the Congress had just finished efforts in
1978 and 1979 to legislatively balance the budget. We have now had a
whole series of tax reduction acts and tax recovery acts and budget
acts and on and on. I am not here today to assign blame or
responsibility for not doing the job. I am here today to say, let us
put the past behind us, let us face this problem together and let us
try to do something about it.
There are those who say the amendment before us that Senator Simon,
Senator Hatch and others are offering is not a silver bullet; that it
will not automatically solve our problems. They note that Congress
could still engage in deceptive budget practices. They say that a
constitutional amendment will be no substitute for courageous choices.
My response to that is this: First, this amendment, by requiring a
supermajority, three-fifths, to add new debt, would permanently tilt
the rules of the budget process toward restraint, and we need that
tilt. We need that restraint.
Second, I believe, it would transform the nature of our commitment to
a more responsible budgeting process. It is one thing to vote for a
deficit, but it is quite another to vote to violate the Constitution of
the United States.
We stand here at the beginning of every term of Congress, and when we
are sworn in, we place our left hand on the Bible and our right hand in
the air and we swear to uphold the Constitution of the United States.
That is a sacred trust. That is a commitment that we make to ourselves,
to the people we represent, and to our maker. And it is no light matter
to simply say, ``Well, we'll find a loophole,'' or ``We'll work around
that pledge or that commitment.'' Anyone who would trivialize that
commitment, I would say, is unworthy of holding public office. Anyone
who would violate a constitutional pledge would betray any promise, any
trust, and I think they will discover a storm of outrage from the
public that they had pledged to represent.
Our voluntary restraint cries, our legislative action cries have rung
hollow, because too many of those promises have ended in
disappointment, and too many of those promises have been broken. We
regularly waive statutory restraints. In fact, the Congressional Budget
Act, which was one of those promises, has been waived since its
enactment in 1974. The Congressional Budget Act has been waived more
than 600 times. Over the past 15 years, Congress has passed, at least,
five new laws designed to either create a balanced budget or enforce
budgetary discipline.
We have heard the promises made from this floor, the floor of the
House of Representatives, and I will not repeat those because they are
embarrassing. The statements made by Members--by all of us--this will
do the job, we finally got a handle on the deficit --yes, it is not
responsible to keep spending more money than you earn. So, therefore,
this latest act is going to take care of the problem.
David Gergen, who is the President's adviser, wrote an interesting
column in U.S. News & World Report, June 1, 1992. Listen to what he
said:
The politicians of this country have now exhausted a raft
of different options to bring our Federal finances under
control--deficit limits, tax increases, caps on domestic
spending, cuts in defense spending--but the Nation's budget
remains shamefully out of whack.
He went on to say:
The time has come to recognize that the right thing to do
is something we have long resisted: Amend the Constitution so
that Congress and the President are required to balance the
budget.
That is a statement with which I agree. I do not know if David Gergen
still agrees with it. He is now advising this President, and this
President opposes what we are doing. But just 1\1/2\ years ago, David
Gergen said something that I think instinctively we all know to be
true. The right thing to do is something we have long resisted; that
is, amend the Constitution so that we are required to balance the
budget.
Now, the critics say the sky is falling. The President's point man,
Robert Rubin, said, ``We need to save the country from this disaster.''
The White House claims that the only way to get a balanced budget is
through dramatic tax increases or draconian spending cuts. They said
that tax hikes would throw us into a recession. That is the first time
I heard the White House say that. I am glad to hear them acknowledge
that particular point. When it comes to raising taxes or gutting the
Pentagon's budget, I do not question that the President speaks with
some authority. And I am glad to know that he has belatedly
acknowledged that raising taxes is akin to playing recession roulette.
But the truth is we do not have to raise taxes or gut spending programs
to balance this budget.
A whole raft of plans have been proposed. I introduced last year the
families first bill which simply places a cap on overall Federal
spending. Right now, Federal spending is growing at about 4.5 percent a
year. If we cut that in half, we could reduce the deficit to zero in 8
years.
We can get from here to there. It does not have to be the Coats plan.
I think the first bill is a viable way of dealing with that, of
reordering some of our priorities, and I have spoken on that act on
this floor before. But it shows that the budget can be balanced by
limiting the growth of Government spending--not massive cuts in
Government spending but by limiting the growth or forcing us to live up
to our obligations; and if we, as a people, say we need that particular
program of Government or expenditure of Government, then we must be
willing to pay for it.
The cap proposal that I have offered creates a Commission like the
Base Closing Commission, and then backs it up with a sequester across
the board.
The PRESIDING OFFICER. The time yielded to the Senator from Indiana
has expired.
Mr. COATS. I wonder if I could have 3 additional minutes.
Mr. SIMON. Mr. President, I will yield 4 additional minutes of my
time to the Senator.
Mr. COATS. I thank the Senator and commend him for his leadership on
this important issue. It has been a joy to work with him on it.
The point is that we do not have to gut Federal spending. We can get
from here to there. We have ample time to get from here to there. The
amendment is crafted so there is an emergency exit in case of a
national security emergency. It is not the draconian, destroy-America
process that some would have us believe.
Now, Mr. President, I stated earlier that I came to Congress in 1981,
so I have only been here 13 years. When I came, we were running a $78.9
billion annual deficit and our national debt stood at $994.3 billion,
less than $1 trillion, 13 years ago. It took this country over 200
years to reach the first trillion dollars of debt. I stand here today,
13 years later, and the national debt is $4.5 trillion--4.5 times
higher than when I arrived--and I am a junior Member of this
institution.
That is a legacy of which I am ashamed of. And, yes, I can point to
all the votes for balanced budget amendments and I can point to
taxpayer hero awards and bulldog of the Treasury; I have the trophies
in my office. I can point to those votes, but I am ashamed that 13
years our national debt has risen from under $1 trillion to $4.5
trillion.
Now, we can stand here and point the finger. Republicans can say the
Democrats controlled the Congress, and therefore it is their fault.
Democrats can say the Republicans had the White House, and it is their
fault. I think we ought to stop pointing any fingers and say we have a
major problem facing us today. What are we going to do about it? Are we
going to blame each other or are we going to do something about it?
For those who like to claim that historically we do not have a basis
to do what we are doing, I say just look at the history of the past 13
years. Look at the promises. Look at the failed promises. Look at the
failed efforts of Congress to do something about this. We are led to
no other conclusion than that a constitutional amendment and swearing
to uphold that Constitution is the only way we are going to bring
fiscal accountability and discipline to this process. It is the only
way we can save ourselves from ourselves.
It is too tempting to pass programs to give people benefits and not
worry about how it is paid for, not have to face them and say you have
to pay more in taxes if that is what you want, or you have to eliminate
spending in another program to pay for it. It is too tempting
politically, and we are not going to solve this problem unless we are
forced to do it constitutionally.
Would it not be a joy to look people in the eye and say, ``It is a
good-sounding program, but I am sworn to uphold the Constitution and I
cannot do it unless we pay for it.''
I do not want this destructive legacy on my watch. I cannot imagine
any Senator would want this destructive legacy on his watch. We have an
opportunity tomorrow; we have an opportunity to do what we all know we
should do. It is time to end this charade of saying we have the will to
do it. We do not. We have proven we do not have the will to do it. We
never will have the will to do it. We need the backbone guaranteed to
us by swearing to uphold the Constitution of the United States.
We betray moral commitments because we place an unfair burden on the
future. This is a destructive legacy we are leaving because it is a
Congress without courage. The courage will come when we vote tomorrow
on a real amendment to balance the budget.
The PRESIDING OFFICER. The Senator's additional 4 minutes have
expired.
Mr. COATS. I thank the Senator for his generous time.
Mr. REID addressed the Chair.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. I wonder if, with my friends who are managing this bill
with me in the Chamber today, we could arrange some sequence of time so
that Members are not waiting around. It is my understanding the
Republican leader is going to speak for 5 minutes or so.
Mr. DOLE. That is right, in leader's time, for 3 or 4 minutes.
Mr. REID. I understand that. And then following that, it is my
understanding that Senator Heflin has been granted----
Mr. SIMON. At that point, I will yield 15 minutes to Senator Heflin.
Mr. HEFLIN. Twenty.
Mr. SIMON. Twenty minutes to Senator Heflin, and then 20 minutes to
Senator Graham. And then the Senator and I are both yielding, even
though he is speaking against both of us, 30 minutes to Senator
Bumpers.
Mr. REID. Fifteen minutes each; that is right.
Mr. SIMON. All right.
Mr. REID. So that should get us through the next hour or so.
Mr. SIMON. Yes.
Mr. BUMPERS. Mr. President, I wonder if we could make that by
unanimous consent request so we will each know about what time we are
going to be able to speak.
Of course, the leader has his own time, but I ask unanimous consent
that following the minority leader's 5 minutes, there be 20 minutes
allocated from Senator Simon to Senator Heflin; and following that,
there be 20 minutes to the Senator from Florida [Mr. Graham], also
allocated by Senator Simon.
Mr. SIMON. That is correct.
Mr. BUMPERS. And following that, 30 minutes allocated to me, 15
minutes from Senator Simon and 15 minutes from Senator Reid.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
Mr. DOLE addressed the Chair.
The PRESIDING OFFICER. The Republican leader is recognized.
Mr. DOLE. Was leader time reserved? I do not want to use any of their
time.
The PRESIDING OFFICER. Leader's time was reserved.
Order of Procedure
Mr. REID. Mr. President, I ask unanimous consent that the unanimous-
consent request that was just granted be amended to allow Senator
Mathews to speak after Senator Graham for 10 minutes.
Mr. SIMON. That is perfectly acceptable to me. In fairness to our
colleague, Senator Bumpers, who was here----
Mr. REID. I talked to him about that. I explained that to him.
Mr. SIMON. All right. I have no objection.
Mr. REID. I cleared that with Senator Bumpers.
The PRESIDING OFFICER (Mr. Mathews). Without objection, it is so
ordered.
Mr. HEFLIN addressed the Chair.
The PRESIDING OFFICER. The Senator from Alabama.
Mr. HEFLIN. Mr. President, I have long supported the constitutional
amendment requiring a balanced budget. When I first came to the Senate,
the first bill I introduced and the first bill that I introduce at the
beginning of each succeeding Congress is a resolution calling for a
balanced budget constitutional amendment.
I think the adoption by the committee, or at least the proposed
adoption, regarding the courts, through the language, ``The power of
any court to order relief pursuant to any case or controversy arising
under this article shall not extend to ordering any remedies other than
a declaratory judgment of such remedies as are specifically authorized
in implementing legislation pursuant to this section'' is a good
addition.
I want to raise some questions, and then I would like to perhaps have
Senator Reid respond after I recite them and get some specific
clarification regarding to what his proposal will do.
I like his idea concerning Social Security. I think it ought to be
off-budget.
But in reading the amendment, I have a number of questions that arise
in my mind. First, the Reid proposal, as I understand it, would
eliminate section 2 of the Simon amendment, which is:
The limit on the debt of the United States held by the
public shall not be increased unless the three-fifths of the
whole number of each House shall provide by law for such an
increase by rollcall vote.
The other provision that seems to be omitted is dealing with
taxation:
No bill to increase revenues shall become law unless
approved by a majority of the whole number of each House by a
rollcall vote.
I think those are mistakes.
The primary purpose of the national debt is to act as an enforcement.
If you went astray somehow, and came down to the time of raising the
debt limit, we all know that there are drastic consequences if it is
not raised. The requirement of a three-fifths vote to raise the debt
limit is an enforcement provision that is in our amendment. I have some
reservations about the omission of that mechanism in the Reid
amendment.
I am troubled by certain language, in the Reid amendment, and maybe
it can be explained. There are phrases like ``estimated'' and
``operating funds.'' Under the Simon amendment, the language ``total
outlays'' and ``total receipts'' do not lend themselves to an
interpretation other than ``total.'' But when you get into issues on
``estimated,'' does this mean that Congress has the authority to define
what estimated outlays will be? Does this mean that Congress will have
the right to define what ``operating funds'' will be? Do operating
funds include payment of interest and debt service? Do operating funds
include entitlement payments? Do operating funds include such matters
as weapons that over a long-term basis, such as an aircraft carrier----
Mr. REID. Will my friend yield?
Mr. HEFLIN. I will finish, and then I will come back to you and ask
the questions.
Those things concern me as to whether or not they are within the
power of Congress to legislate and define. Therefore, that presents a
question of a loophole that could be used.
Of course, the issue that is raised by a lot of us is this issue of
the suspension if a declaration of war is in effect. Under the Simon
amendment, it is waived; it is not automatic. This makes it automatic.
Then it provides, ``If the Director of the Congressional Budget Office,
or any successor, estimates that the economic growth has been or will
be less than 1 percent for 2 consecutive quarters during the period of
those 2 fiscal years.'' I interpret that to mean that over a 2-year
period, which is 24 months, if estimated in the last 6 months of that
24-month period, there would be economic growth less than 1 percent;
therefore, it would go into effect. That seems to me to be very
difficult for anybody to estimate what the growth will be 18 months in
advance. We estimate economic growth in calculating what revenues will
be, and that sort of thing, 12 months in advance. But to try to do that
for 18 months in advance seems to cause some problems. Maybe I do not
understand this fully.
Then, under the total estimate receipts of operating funds that shall
be derived, these are the exclusions from net borrowing. Under the
Simon amendment, net borrowing is excluded. I do not understand what
the word ``net'' means, and I would like to know that.
Then, you exclude the Federal Old Age and Survivors Insurance Fund,
that being Social Security. I was under the impression that also the
highway trust fund and aviation trust fund would be excluded. But I do
not see that. Maybe that has been changed.
The words ``capital investment'' is a question that raises a lot of
concern with a lot of us. What is a capital investment? Is a capital
investment highways? Is it a building? Is it an aircraft carrier? Is it
a B-2 bomber? I do not know. These things, again--if this is subject to
definition by legislation as to what it would be, there is that danger,
as I see it, that it could be a loophole.
Then the issue of delegation to an officer of Congress the power to
order uniform cuts. This is given to an officer of Congress rather than
to an officer of the executive branch. Constitutionally, we can do
whatever we want to. But, historically, the matter of execution of the
laws has been carried out by the executive branch.
Then, we have the issue regarding what are some essential functions.
In my State, we have what is called proration. If revenues do not meet
appropriations then we prorate, cut across the board. But there are
certain essential operations of Government that are not cut--police
forces, the judiciary. There are certain operations of Government that
are not subject to a uniform cut across the board. I see the language
``by appropriate legislation delegate the power to order uniform
cuts.'' Perhaps that is broad enough. I am not sure what section 6
really means when it says that ``sections 5 and 6 of this order shall
take effect upon ratification.''
I would like to go over these things and ask Senator Reid, if he
would, to explain some of these. I still have not made up my mind how I
am going to vote on his amendment.
Senator Reid, are the terms ``operating fund'' and ``estimate,''
subject to congressional definition?
Mr. REID. I respond to my friend from Alabama that we have
significant experience with capital budgets. We have set forth in the
Federal budget capital expenditures. We have used that for some 40-odd
years and, of course, all State governments--not all, but virtually
all--use the capital budget. We have significant experience with which
to direct our implementing language relating to capital budgets. So I
think that would be fairly easy, I say to my friend.
Does that answer the Senator's question?
Mr. HEFLIN. Well, we are dealing with the Constitution here, and we
are dealing with words of estimation and the statutory construction
that is given to it. I have some question as to what these words mean,
what is included within it. We are dealing right now with--you say
``total estimated outlays for operating funds.'' I am not sure that the
experience of what has been done in the past when adopting a new
constitutional amendment, the constitutional amendment is not subject
to the language that is contained therein, not necessarily the
experience of the past.
Mr. REID. I say to my friend from Alabama that my response is, as I
have indicated, estimates used for establishing estimated receipts
which, for example, under my amendment would be provided by the same
sources that would provide them in furtherance of section 6 of the
Simon amendment which states ``The Congress shall enforce and implement
this article by appropriate legislation which may rely on estimates of
outlays and receipts.''
So if the Senator has trouble with the word ``estimates,'' then you
should look at the underlying Simon amendment, because it also uses the
word estimates.
Mr. HEFLIN. I am cognizant of that, and that causes me some concern
with regard to the Simon amendment, also. Like the words operating
funds--again, what is operating funds? What is excluded from operating
funds, and what is included with them? That is a concern of mine.
Mr. REID. I respond by saying that, as I have indicated, virtually
every State has an operating budget and a capital budget. Senator Ford,
a former Governor of Kentucky, came and spoke at some length about how
he conducted business when he was the Governor of Kentucky, and it was
easy to determine the operating budget and the capital budget. Even
though we do not separate them in our own Federal budget, the GAO and
the Congressional Budget Office have, for many years, done studies to
determine where the capital expenditures are in the Federal budget. So
this is not illusory. This is something actually in the work that we
have done for many years.
Mr. HEFLIN. Let me go ahead to some of the other things, since we are
short of time here.
On this estimate of a recession under any fiscal year and the first
fiscal year thereafter, are we dealing with a 24-month period,
basically?
Mr. REID. As the Senator knows, we work on a yearly budget, and what
is contemplated here is that sometime during one of those 2 years of
the Congress, if there are 2 successive months where the growth is less
than 1 percent, then that is where this would kick in.
And it would be according to where it came during that 2-year cycle,
recognizing that it would probably only affect one yearly budget
because we work on a yearly budget.
Mr. HEFLIN. The way I read the language, the article shall be
suspended for any fiscal year which is for 1 year and the first fiscal
year thereafter. We, of course, are dealing with a budget that is
adopted prior to the fiscal year. In other words, the Senator thinks it
can be less than 2 years?
Mr. REID. I think it would be hard to make it for 2 years. It would
be very difficult because CBO does not project recessions. They never
do. They just do not do it. Their projections are otherwise. So it
would have to be somewhere during that.
Mr. HEFLIN. Under this they would be required to, would they not?
Mr. REID. I do not think they would be required to. I say they have
not done it in the past. I assume we could get them to start doing that
even though it would be extremely difficult to do that.
Mr. HEFLIN. You adopt a budget in advance. The budget is in advance
of a fiscal year. Section 2, for example, says not later than the first
Monday in February the President shall submit for the fiscal year
beginning in that calendar year. You are adopting a budget in advance
of the beginning of a fiscal year. So that causes me concern, whether
or not we are forcing the CBO to have to make projections for a period
of 24 months in advance of the beginning of the fiscal year.
Mr. REID. I would say to the Senator from Alabama it is my belief
that this provision could kick in during a year and then the next
fiscal year is when, in fact, we would have to do something. I think
that is quite clear that is how it would work. I think under the
current budgeting methods and processes we use it would work quite
well.
Mr. HEFLIN. Let me ask the Senator about section 4 where he uses the
words ``total estimated receipts of the operating funds shall exclude
those derived from,'' and it says ``net borrowing.'' In the Simon
amendment, it includes borrowing derived from borrowing. I do not
understand exactly what is meant by ``net'' there. Would the Senator
explain that to me?
Mr. REID. I would be happy to.
The budget experts have told us that the word ``net'' is the
appropriate term of art to use, that it comes out to the same monetary
number that is in the Simon amendment. They just felt the word ``net''
is a better term of art.
Mr. HEFLIN. Usually ``net'' means you subtract from gross and gross
borrowing subtracted from some figures may mean the same thing. I am
just curious.
Mr. REID. That question has been raised and we were told by the
experts that the word ``net'' is a better term of art; however, it
accomplishes the same thing as the underlying Simon amendment.
Mr. HEFLIN. All right.
Now, what interpretation can we give of capital investments? What is
the definition and what would be inclusive and what would be exclusive,
and what guidelines would we use in determining what capital
investments are?
Mr. REID. If I could respond to my friend, as I have indicated, we
feel there is sufficient experience in the State and even in the
Federal legislation to give us significant direction.
I refer, as the esteemed former chief justice of the Alabama Supreme
Court knows, that John Marshall wrote on a number of occasions but I
think never any more concisely than he did in the McCulloch versus
Maryland case where he said:
The Constitution, to contain an accurate detail of all the
subdivisions of which its great powers will admit, and of all
the means by which they may be carried into execution, would
partake of the prolixity of a legal code, and could scarcely
be embraced by the human mind. It would probably never be
understood by the public. Its nature, therefore, requires
that only its great outlines should be marked, its important
objects designated, and the minor ingredients which compose
those objects be deduced from the nature of the objects
themselves * * * We must never forget that it is a
constitution we are expounding.
I would just reiterate to my friend the main difference between the
Reid amendment and the Simon amendment is that we are suggesting that
capital expenditures not be included to balance the budget, Social
Security be off budget and there be a provision for recessionary times.
That is the main difference.
There is a limit, as Justice Marshall said, that you can put in this
document. We have given, as he has suggested, an outline. We allow for
implementing legislation. We feel there is significant history.
The PRESIDING OFFICER. The Chair will indicate that the time yielded
to the Senator from Alabama has expired.
Mr. REID. Mr. President, I yield to the Senator 5 minutes from my
time.
Mr. HEFLIN. All right.
My fear is that this is subject to legislative definition. If it is
subject to legislative definition, then we can have a broad group of
expenditures that would come under the category of capital investments.
If it is in any way related to affect something that is fixed or of a
capital nature, it allows for a lot of leeway, and I am fearful that it
would be subject to a loophole. How can we, in effect, close that
loophole if it be such a loophole?
Mr. REID. Far from to try to argue legalities with my friend from
Alabama who is the legal mind of the Senate I would say this, however,
that if the Senator has any questions, any problem with the language of
my amendment, then he should tremble at the Simon amendment. The reason
I say that is they have indicated they are going to correct all these
problems, problems related to capital expenditures, problems related to
Social Security, all these problems they are going to correct by
legislation.
So, my response is, as I have indicated here on this floor a number
of times before, Senator Hatch on Thursday or Friday last said that he
felt that we would carry out our constitutional mandates.
My response is that, yes, the Reid amendment will have all the teeth
that the Simon amendment has. Both amendments rely on future Congresses
to abide by its oath to uphold the Constitution. The Simon amendment
relies on future Congresses to define new terms, the limit on the debt
of the United States held by the public. That term is nowhere defined
in law now. The debt limit defined in title 31, section 3101 of the
United States Code, is an entirely different concept. What would
prevent the use of creative accounting to define the new limit, and
would prevent the Congress defining certain types of borrowing out of
the new limit.
The answer is that it is the sworn duty of Congressmen to uphold the
Constitution to prevent that. The answer is the same for my amendment.
I also suggest to my friend from Alabama that one of the terms used
in the Simon amendment is fiscal year. I lock in a specific date, the
first Monday of February. Fiscal year could be changed by legislation.
It could be changed by a day, a month, a quarter, a year.
So, I believe, and I know based upon my time here in the U.S. Senate,
that the senior Senator from Alabama is really concerned about
legalities, but I would respectfully suggest to my friend, the legal
scholar of this institution, that any problems that are seen in the
Reid substitute are certainly replete through the Simon amendment.
I think the Senator and the other Members of this body have to rely
on Members of the U.S. Senate to conduct themselves in a manner
consistent with the Constitution, whatever it might be.
Mr. HEFLIN. I thank the Senator. I appreciate the Senator yielding
the extra time.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. SIMON. Mr. President, I ask unanimous consent to yield 1 minute
of my time and for it to be credited against me.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SIMON. Mr. President, I simply want to commend the colleague from
Alabama for what he pointed out. There are massive loopholes here and
the one particularly he started off with. We permit estimates. You have
to have estimates. But we say that revenue has to match outlays. The
Reid amendment says estimated revenues have to match estimated outlays.
What you are talking about is either revenues and outlays have to match
or estimates have to match. Those are huge differences, and I
appreciate the comments of my colleague from Alabama.
Mr. President, I yield 20 minutes to my colleague from Florida,
Senator Graham.
The PRESIDING OFFICER. The Senator from Florida is recognized.
Mr. GRAHAM. Thank you, Mr. President.
I appreciate my good friend and colleague from Illinois providing me
this time to discuss the balanced budget amendment, primarily from the
perspective of its significance as an intergenerational contract.
But before I proceed to that, I would like to rise in defense of an
American who hardly needs to be defended, the great third President of
the United States, Thomas Jefferson.
In an earlier debate, it was stated that Thomas Jefferson, had he
been in attendance at the Constitutional Convention, would have
proposed an amendment to the Constitution of the United States at that
time very similar to the one that we are now debating.
Thomas Jefferson said:
I wish it were possible to obtain a single amendment to our
Constitution. I would be willing to depend on that alone for
the reduction of the administration of our Government to the
genuine principles of its Constitution. I mean an additional
article taking from the Federal Government the power of
borrowing.
President Jefferson's fidelity to that principle has been questioned
because, as President of the United States, he requested of Congress
and Congress granted the authority, first, to attempt to purchase the
Floridas, east and west Florida, then in the possession of Spain. And
when his emissaries were unable to accomplish that objective but had
the even greater opportunity to make the Louisiana Purchase, he
authorized them to do so and requested of Congress the funds to pay for
that substantial addition to the size of the United States of America,
a purchase which virtually doubled the size of our Nation and protected
U.S. economic interests that were still then under threat by European
empires.
It has been stated that that act of President Jefferson created a
hypocrisy relative to his earlier professed opposition to Federal
Government borrowing.
I would like to rise in defense of President Jefferson. When
President Jefferson became the President of the United States in 1801,
the national debt was $80.713 million, largely a result of the Federal
Government assuming the debts of the then individual colonies,
subsequently individual States, which had accumulated in the successful
fight of the American Revolution.
When President Jefferson left the Presidency 8 years later, including
the indebtedness which had been secured for purposes of the Louisiana
Purchase, the debt of the United States was $53.173 million. He had
reduced the national debt by approximately $27 million, almost half
during the course of his 8 years as President.
His influence, however, did not end when his Presidency ended. The
American political figure who is most linked in history with Thomas
Jefferson was his successor President and a great son of the State of
our Presiding Officer now, Andrew Jackson.
I am pleased to report that during Andrew Jackson's administration
the national debt for the first and only time in American history was
virtually eliminated. In 1835, at the end of President Jackson's 8-year
period of Presidency, the national debt was $38,000.
Now that is a commitment to intergenerational responsibility, to
balancing the budget each generation at a time. That is not a position
which has left us as we are now some almost 200 years since the
Presidency of Thomas Jefferson. It is a concept which lives today.
I would like, Mr. President, to read from a letter and ask unanimous
consent to have it printed in the Record immediately after my remarks.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. GRAHAM. This is a letter I received, dated February 14, from Mr.
Dean Thompson, of Indian Harbour Beach, FL. Mr. Thompson wrote me as
follows:
Dear Senator Graham: I urge to you vote ``yes'' for the
balanced budget amendment, S.J. Res. 41.
I am a retiree, nearly 74 years of age and fully realize
that many of us retirees will suffer financial loss by
passage of the balanced budget proposal. I don't see any
other solution, after many years of lip service, Congress
cannot and will not take the drastic action needed to get our
financial house in order.
Whatever the sacrifices, we will survive and our children's
children will be the better because of it.
I agree with Mr. Thompson. There is no issue, Mr. President, which
raises the issue of intergenerational conflict more sharply than the
question of Social Security.
Social Security was enacted in the depths of the Depression with an
important but simple goal, and that was to lift that group of
Americans, older Americans, who had, to the largest extent of any group
in our Nation, fallen into abject poverty, out of that poverty by
providing them with an economic foundation for their retirement years.
In my own State of Florida, Mr. President, during the 1930's, prior
to Social Security, the State of Florida provided the great sum of $8
per month as the economic support for its indigent elderly.
It was to give that group of Americans some security and respect that
Social Security was adopted. We are now the trustees of that contract
for our older Americans.
What have we done with that responsibility? Until the early 1980's,
Social Security was a pay-as-you-go system. Each year, the Congress
would appropriate the funds from the trust fund or, if necessary, from
general revenue that were required in order to pay that year's outflow
of funds from Social Security. Recognizing that that system was placing
Social Security in jeopardy, in 1983, we adopted a major reform, which
had the goal of bringing Social Security into an actuarially balanced
system, balanced over three generations.
Since that time, we have been collecting substantially greater funds
than are required to meet current obligations, recognizing the fact
that beginning at the end of the first quarter of the 21st century many
Americans who were born in the period immediately after World War II
would themselves become Social Security beneficiaries and would impose
tremendous demands on the system. And thus, we have been building up a
surplus in order to prepare for that time when large numbers of
Americans will be expecting to receive their Social Security benefits.
The current projections are that by the year 2024, which is
approximately the year in which Social Security demand will begin to
exceed receipts, we will have a Social Security surplus approaching $5
trillion.
What are we doing with this tremendous surplus that is being
developed? Are we handling it like a pension fund? Are we putting it
aside into secure conservative investments so that the proceeds will be
there when the demand arrives? No, that is not what we are doing, Mr.
President.
What we are doing is funding the national debt in large part with
those surpluses. What we are doing is taking the proceeds which have
been made available for purposes of securing the economic future of
older Americans and we are investing them to fund the Federal deficit.
By accumulating the massive national debt, we are weakening our
future ability to meet the obligations that we are incurring on behalf
of older Americans.
Our late distinguished colleague, Senator Heinz, referred to it as
embezzlement. The current chairman of the Senate Finance Committee has
used a blunter term. He calls it thievery. I use a third term. I call
it intergenerational warfare.
What we are doing is absolutely assuring that we are going to be
placing our children in conflict with our grandchildren and our
grandchildren in conflict with our great grandchildren. Because, when
the day arrives in approximately 2024 when this debt will have to be
paid, we are going to face a massive combination of increased taxes,
reduction in spending and other programs, and reneging on the promises
made for Social Security. We are putting off to the next three
generations an enormous intergenerational warfare if we do not reverse
what has happened in the last 25 years, which is the continued
development of a culture of indebtedness and a culture of putting off
to the future, our obligations.
I would like to quote the conclusion of a statement made to the
Senate Judiciary Committee on February 17, by Mr. Robert J. Myers. Mr.
Myers served in various actuarial capacities with the Social Security
Administration from 1934 to 1970. He was the chief actuary for the last
23 of those years.
In 1981-82 he was Deputy Commissioner of Social Security, and in
1982-83 he was Executive Director of the National Commission on Social
Security Reform, which led to the changes that I alluded to earlier.
What did Mr. Myers say about the current state of Social Security and
the urgency of the passage of a balanced budget amendment? He stated:
In my opinion, the most serious threat to Social Security
is the Federal Government's fiscal irresponsibility. If we
continue to run Federal deficits year after year, and if
interest payments continue to rise at an alarming rate, we
will face two dangerous possibilities. Either we will raid
the Trust Fund to pay for our current profligacy, or we will
print money, dishonestly inflating our way out of our
indebtedness. Both cases would devastate the real value of
the Social Security Trust Fund. Regaining control of our
fiscal affairs is the most important step we can take to
protect the soundness of the Social Security Trust Fund. I
urge the Congress to make that goal a reality and to pass the
balanced budget amendment without delay.
In conclusion, in my judgment the most compelling case for taking the
action that I hope we will take tomorrow is what is happening in 1994.
What is happening in 1994 is that there is no plan for further deficit
reduction in the context of future increases in our deficits.
Much has been made of the fact that, by virtue of the action that we
took in August of last year, there is now going to be a reduction below
the estimate in terms of future annual deficits. And that is good. That
is very good.
However, what is less well understood is the fact that after 1998,
deficits will start to rise again. This first chart shows the changes
that have occurred as a result of our actions in August. This orange
line would have been the deficit reduction line had we done nothing.
The green line indicates what, in fact, is going to occur, which is a
substantial reduction below what was estimated.
However, I note that the orange line projects out for an additional 5
years beyond what the Office of Management and Budget is presently
projecting, based on August 1993 actions. This is what the
Congressional Budget Office projects will be the trend line over the
next 10 years, and that is that after 1998, when the budget reaches a
point of $180 billion annual deficit, it will start to rise. And by the
year 2004, just 10 years from now, we will be back at annual deficits
of $365 billion a year.
There is no plan to deal with the implications of that decline and
then rapid increase in budget deficits as we enter the 21st century.
Second, there is the argument against the amendment that, if we adopt
this amendment it is going to cause pain; that it will result in some
increased taxes, or it will result in some reduction in spending. The
answer to that is, ``Of course.'' That is the whole purpose. If we
cannot use this amendment as a driving force to accomplish the result
of reducing the deficit, all we are saying is we are prepared to let
our children and grandchildren pay our bills.
Like many Members of the Senate, I have recently received a document
from the administration which outlines the impact of this budget
reduction on my State of Florida, and I agree with the statements that
are made in this document.
I ask unanimous consent to have that document printed in the Record
immediately after my remarks.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 2.)
Mr. GRAHAM. That document just underscores what the consequences will
be if we do not adopt this amendment. I assume the logic of that
statement of the consequences of adopting this amendment is that we
should not adopt this amendment and that we should not balance the
budget; that we should continue to do the easy thing, which is to let
our children and grandchildren pay our costs.
Finally, if there ever was a year in which we should be substantially
reducing the deficit, it is 1994. Most of the arguments against this
amendment have been predicated on extreme years of fiscal stress on our
Nation: Times of war, times of depression or recession. This is neither
a time of war nor a time of depression or recession. In fact, this is a
time of booming economic growth. Unemployment has fallen sharply, down
nearly a full percentage point since 1993. Housing starts rose 25
percent between July and December. Spending for durable equipment is
expanding at its fastest pace since 1972. Inflation is low, prices rose
just 2.7 percent in 1993, the smallest increase since 1986.
Last month, for the first time in more than 4 years, consumer prices
were virtually flat. The economy is so strong that the Federal Reserve
has raised interest rates and threatens to do so again.
If we cannot balance our budget, if we cannot show some serious
movement in deficit reduction in a year like 1994, when are we ever
going to do it? Yet we are proposing to have the ninth largest deficit
in the almost 205-year history of this constitutional Government in
1994. If we cannot do better than that in 1994, when are we ever going
to do better?
Mr. President, I believe if we do not have a plan for deficit
reduction over the next 10 years in place in 1994, if we do not have
the courage to face the reality that there is going to be some pain and
sacrifice required in order to accomplish this objective--as Mr.
Thompson has recognized in his letter--and if we do not get discipline
in a boom year such as 1994, I ask when will we ever have that
discipline?
My answer is we are not likely to have that discipline unless we do
what most of our States have done, and that is to place into our
national Constitution an intergenerational compact which says this
generation is going to pay its bills. We will not ask our children to
do it for us. That, in essence, is what this amendment is about.
This amendment says to our older Americans, we are going to be
faithful to our trust in the Social Security System and we are going to
bring our deficits under control. We are going to be reducing the
national debt. We are going to be solidifying the economic foundation
for your future.
An opportunity such as we have tomorrow does not come frequently. I
believe if this Senate adopts a balanced budget amendment such as the
amendment that has been presented by our colleague from Illinois, it
will pass the House of Representatives, it will pass the requisite
number of States, and we will have been able to say to our children and
grandchildren that we were, as Thomas Jefferson requested, prepared to
take that action necessary in order to secure their economic future;
that we are prepared today, in 1994, to make the difficult choices and
understand the sacrifices that will flow from that choice because it is
our obligation to do so.
Exhibit 1
Indian Harbor Beach, Fl,
February 14, 1994.
Hon. Bob Graham,
Dirksen Senate Office Building, Washington, DC.
Dear Senator Graham: I urge you to vote ``yes'' for the
balanced budget amendment, S.J. Res 41.
I am a retiree, nearly 74 years of age and fully realize
that many of us retirees will suffer financial loss by
passage of the balanced budget proposal. I don't see any
other solution, after many years of lip service, Congress
cannot and will not take the drastic action needed to get our
financial house in order.
What ever the sacrifice, we will survive and our children's
children will be better off because of it.
Sincerely,
Dean F. Thompson.
____
Exhibit 2
The State of Florida and the Balanced Budget Amendment
What does a Balanced Budget Amendment mean to the State of
Florida? While supporters offer a lot of tough talk, few
proponents spell out the details of how they would achieve
this laudable goal. The Director of the CBO, Robert
Reischauer, has indicated--and this administration agrees--
that any discussion of a balanced budget amendment must be in
the context of an honest discussion about the program cuts
and tax increases necessary to achieve such a balance.
According to Reischauer, ``it would be a particular folly to
pass a balanced budget amendment and ignore the need to
expeditiously enact legislation that would offer some hope of
complying with it.'' Make no mistake, balancing the budget
would require tough choices and cost Florida billions.
In order to encourage a more realistic, responsible debate,
the Treasury Department has analyzed five possible routes to
a balanced budget in 2000. These projections do not include
the contractionary impact on the economy that might accompany
a sharp rise in taxes or reduction in spending over such a
short period of time. In this sense, these are very
conservative estimates of the cost of such an amendment to
the people of Florida.
The ACTING PRESIDENT pro tempore. The Senator from Illinois.
Mr. SIMON. Mr. President, I simply want to commend our colleague, the
cosponsor of this legislation, for his excellent statement. So Members
may know what procedures are under the unanimous-consent agreement,
Senator Mathews is going to speak next, then Senator Bumpers, and then
Senator Specter has requested some time, and then Senator McCain.
I will follow that order and I understand there may be some others
after that.
I also ask unanimous consent to have printed in the Record a
statement by former Attorney General Dick Thornburgh, that was sent to
me today, ``Time for a Balanced Budget Amendment.''
There being no objection, the statement was ordered to be printed in
the Record, as follows:
Time for a Balanced-Budget Amendment
(By Dick Thornburgh)
The United States Senate is poised, once again, to consider
a balanced-budget amendment to the United States
Constitution, S.J. Res. 41. Despite President Clinton's
opposition, it appears that this measure's time may have
finally come.
Strong support exists for the amendment. The National
Governors Association (which President Clinton once headed)
has long expressed its approval, on a bi-partisan basis, of
the measure, as well as a presidential line-item veto and a
separate capital budget (which differentiates investments
from current outlays). These budget-balancing tools are
already available to most governors and state legislatures.
And they work.
National polls consistently indicate that the overwhelming
majority of Americans favor a balanced-budget amendment and
the legislatures of more than thirty states have even called
for a federal constitutional convention to consider such an
amendment.
It has become almost axiomatic to lament the woeful lack of
will on the part of successive administrations and the
Congress to make any meaningful progress toward deficit
reduction. Most recently, President Clinton's so-called
deficit reduction package is not such at all. It would merely
temporarily reduce the rate of increase in our national
indebtedness. And it is subject to the same hazards of
congressional override as the now-defunct Gramm-Rudman-
Hollings Act, which was to have produced a zero deficit by
1993.
If real debate is to take place on the Senate floor this
year, it will likely include the following arguments usually
raised against a balanced-budget amendment, to which I offer
brief rejoinders.
First, it will be argued that the amendment would ``clutter
up'' our basic document in a way contrary to the intention of
the founding fathers. This is clearly wrong. The framers of
the Constitution contemplated that amendments would be
necessary to keep it abreast of the times. It has already
been amended on 27 occasions.
Moreover, at the time of the Constitutional Convention, one
of the major preoccupations was how to liquidate the post-
Revolutionary War debts of the states. Certainly, it would
have been unthinkable to the framers that the federal
government itself would systematically run at a deficit,
decade after decade. Indeed, the Treasury did not begin to
follow such a practice until the mid-1930s.
Second, critics will argue that the adoption of a balanced-
budget amendment would not solve the deficit problem
overnight. This is absolutely correct, but begs the issue.
Serious supporters of the amendment recognize that a phasing-
in period, such as the seven years contemplated by S.J. Res.
41, would be required to reach a zero deficit.
During this interim period, however, budget makers would be
disciplined to meet declining deficit targets in order to
reach a final balanced budget by the established deadline.
As pointed out by former Commerce Secretary Peter G.
Peterson in his sensible book, ``Facing Up,'' such ``steady
progress toward eliminating the deficit will maintain
investor confidence, keep long term interest rates headed
down, and keep our economy growing.''
Third, it will be argued that such an amendment would
require vast cuts in social services and entitlements or
defense expenditures. Not necessarily. True, these programs
would have to be paid for on a current basis. Certainly,
difficult choices would have to be made about priorities and
levels of program funding. But the very purpose of the
amendment is to discipline the executive and legislative
branches actually to make these choices and not to propose or
perpetuate vast spending programs without providing the
revenues to fund them.
The amendment would, in effect, make the president and
congress fully accountable for their spending and taxing
decisions, as they should be.
Fourth, critics will say that a balanced budget amendment
would prevent or hinder our capacity to respond to national
defense or economic emergencies. This concern is easy to
counter. All sensible amendment proposals feature a ``safety
valve'' to exempt deficits incurred in responding to such
emergencies, requiring, for example, a three-fifths ``super
majority'' in both houses of congress. Such action should be
based on a finding that such an emergency actually exists.
Fifth, it will be said that a balanced-budget amendment
would be ``more loophole than law'' and might be easily
circumvented. The experience of the states suggests
otherwise. Balanced-budget requirements are now in effect in
all but one of the 50 states and have served them well.
Moreover, the line-item veto, available to 43 governors,
would assure that any specific congressional overruns (or
loophole end-runs) could be dealt with by the president. The
public's outcry, the elective process and the courts would
also provide backup restraint on any tendency to simply
ignore a constitutional directive.
In the final analysis, most of the excuses raised for not
enacting a constitutional mandate to balance the budget rest
on a stated or implied preference for solving our deficit
dilemma through ``the political process''--that is to say,
through responsible action by the president and congress.
This has been tried and found wanting, again and again.
Surely, this country is ready for a simple, clear and
supreme directive that its elected officials fulfill their
fiscal responsibilities. A constitutional amendment is the
only instrument that will meet this need effectively. Years
of experience at the state level argue persuasively in favor
of such a step. Years of debate have produced no persuasive
arguments against it.
And the stakes are high. Perhaps Thomas Jefferson put it
best:
``To preserve our independence, we must not let our rulers
load us down with perpetual debt.''
That is the aim of a balanced budget amendment. Reform-
minded senators will have a chance to help end ``credit
card'' government by supporting S.J. Res. 41 when it comes to
a vote later this month.
The ACTING PRESIDENT pro tempore. The Senator from Tennessee is
recognized for 10 minutes.
Mr. MATHEWS. Mr. President, as I begin my presentation this afternoon
on the balanced budget amendment, I would like to start out by paying
tribute and thanking my colleague from Illinois, Senator Simon, for
making this Nation face its failures.
I think almost without question he has kept the pressure on us, he
has kept the pressure on the Nation by saying we have to face up to
this growing debt and these continuing deficits if we, as a nation, are
going to survive. We have said on this floor that if we are going to be
strong defensively, we have to present a strong economic front. I
believe this sincerely, and I want to commend my colleague and thank
him on behalf of the people of Tennessee for that which he has done:
For bringing us to this point because, hopefully, tomorrow we are going
to make a decision that will strengthen this Nation and strengthen the
purse strings that we are charged with holding onto.
I think as most of my colleagues know, I am a product of State
government. I spent 40 years as a part of Tennessee State government,
most of that time as one of two principal State financial officers: As
commissioner of finance, which is a budgetmaking function, management
function in State government, and 13 years as State Treasurer, which I
suppose is more the banking function of the management of the dollars
until they are expended.
Let me say to this body and to the people of this country that a
balanced budget concept is not a strange concept to me, nor is a
balanced budget a stranger because I have, during that 40-year period,
never been a part of a deficit budget. We have managed to live within
our resources or to take those actions that are required to bring a
budget within the resources during this entire period.
I am a cosponsor and started out as a cosponsor of Senator Simon's
amendment. As the debate began to develop and as we began to look at
the amendment and what some pointed out as being shortcomings in one
amendment, and as we began to look at the Reid amendment, which
purported to address some of those shortcomings, I have found two
significant differences in the Simon amendment and the Reid amendment
which lead me to believe that for this point in time the Reid amendment
is a better approach for this Nation to take. Let me address that
briefly.
First of all, the Reid amendment recognizes those principles of State
finance which say that instead of trying to capitalize assets, instead
of attempting and requiring that we pay the full cost of an asset in
the year in which it is built, it says that a capital asset, such as
this building we are in today, is going to serve generations in the
future, and that it is perfectly all right to put the payment of this
over a reasonable period of time into the future.
In Tennessee State government, we use a 20-year capitalization
program. So we spread the annual costs of any debt retirement we create
for an asset over this period of time, but it becomes a part of the
operating budget, and those generations which are going to enjoy it in
the future also pay a reasonable portion of the cost.
This is not true on an expendable program. This is not true on
expenditures which consume themselves in the year in which they are
made. But if we are looking at capital assets, the acquisition or
payment of capital assets, we look at it in terms of this being done
over a period of time and this being outside what we consider the
normal operating budget.
Second, I think the Reid amendment says something else to us, and
that is a pension program. The national pension program, the Social
Security program that we have, says to the people of this Nation, the
working people, that if you work and pay into this, when the time
comes, when you meet the criteria for retirement, dollars are going to
be there to pay that allowance, and they are not going to be diverted
to some other use.
My colleague from Florida a moment ago talked about the fact that
instead of the dollars we are paying into the Social Security trust
fund building up and earning interest and this being a way in which we
can enrich that fund, these dollars are being siphoned off to pay the
national debt, being siphoned off to pay other expenses. And, Mr.
President, this must stop. The older Americans, the people in this
country who, over a period of many years, have made contributions day
by day, week by week, and month by month to this fund are owed the
responsibility of being able to look forward to their retirement years
with the income which is to come from this. If we leave this fund
unprotected, if we let the moneys be siphoned off or used for anything
that we might decide as a body to appropriate those dollars for, we are
doing a disservice to these people.
Mr. President, the years of my experience convince me that the Reid
amendment creates the kind of discipline that has worked for State
governments. It takes the crucial step of dividing operating budgets
from capital budgets. It enables us to make a distinction between
approval for responsible debt and for irresponsible debt. It allows
flexibility to meet fiscal emergencies, and it takes a wise step of
safeguarding the Social Security trust fund.
Mr. President, what we are facing is an emotional issue in the sense
that the people of this Nation understand, have become concerned, and
are demanding that we take action to correct an inadequacy, a failing
in our fiscal policies. But, Mr. President, it is more than an
emotional issue. It is an issue that demands that we address it
rationally, that we address it with determination, and it is one which
is crying out to be solved.
Tomorrow, as we face this issue, it is my plan to support the Reid
amendment because I believe it brings fiscal discipline to the budget
without a straitjacket. It brings us face to face with the American
people. It makes us look them in the eye and say, ``We believe that
these things we are doing are important enough to ask you to provide
additional dollars, to ask you to accept less by way of programs.''
Or it makes us take those actions that are necessary to live within
the means that we provide. And for that reason, Mr. President, it is my
intention tomorrow to support the Reid amendment, and I invite my
colleagues to do the same.
The ACTING PRESIDENT pro tempore. The Senator's time has expired.
Under the previous arrangement, the Senator from Arkansas is recognized
for 30 minutes.
Mr. BUMPERS. Mr. President, I thank the Chair. I especially thank the
Chair and the distinguished Senator from Illinois for yielding me time.
The Senator from Illinois knows I do not favor his amendment so that
makes his generosity even greater and my appreciation deeper.
I will address most of my remarks to the resolution of the Senator
from Illinois and not the substitute offered by the distinguished
Senator from Nevada, Mr. Reid.
I think every mind in the Senate has been made up, and I come here
today simply to make a record.
I do not intend to vote for the Simon resolution. I did not vote for
the so-called balanced budget amendment in 1986.
Mr. President, everything I have to say has probably been said dozens
of times in the Chamber in the last week, but I did not say them, and I
wish to. I wish to say also, nobody can deplore deficits with any
greater degree of drama than I can. I have stood on this floor, until I
felt I would drop, with amendments to cut the deficit, cut spending.
And these charts that show all the red ink are accurate. Nobody knows
it better than I do because I was here when the red ink started soaring
under Ronald Reagan, the man who came to town to balance the budget and
left town having tripled the national debt.
I have heard a lot of Senators talk about courage, and I do not mean
to denigrate a single one of my colleagues. I have the utmost respect
for all of them, and most everybody here I consider my friend. But, Mr.
President, it does not take any courage to vote for Senator Simon's
amendment. That is the popular thing to do. Even though this is not a
hot item with the American people just now. I think Time magazine last
week showed that only 6 percent of the people list the national debt or
the deficit as their No. 1 concern--6 percent. Twenty-nine percent feel
crime is the biggest problem, 26 percent health care, 6 percent the
deficit. But make no mistake about it; if you went up and down the
streets of America and you asked, ``America, do you favor a balanced
budget amendment in the Constitution,'' 80 percent would answer,
``yes.''
So I will tell you where courage comes in. It takes the courage to
vote ``no'' and then follow that up and courageously vote to stop
spending, which causes the deficit.
(Mr. FEINGOLD assumed the Chair.)
Mr. BUMPERS. Mr. President, there were 11 Senators--11; I want it put
on my epitaph that I was one of them--that voted against that crazy
nonsense in 1981 that Ronald Reagan sent over here saying we are going
to grow our way out of this mess by cutting taxes and raising spending.
What a dynamite idea. We cut taxes and increased spending with the
predictable result, red ink. There were 11 Senators who said this is
palpable nonsense, and I was one of them. But 89 Senators voted
``yes,'' and that is the reason we stand here today doing our very best
to deal with the problem. If my only concern was going to be to go home
and tell the people I voted the popular vote, I would vote ``aye.''
I do not enjoy going home and telling the Chamber of Commerce that I
voted against this when every single person sitting in the audience
thinks I have taken leave of my senses? I do not enjoy it any more than
you think I would enjoy it.
Mr. President, why are we dealing with what everybody agrees is a
colossal problem, in a political way? Mr. President, Senator Simon came
to my office and made as fine a presentation as anybody has ever made
to me on this issue. If I were ever going to vote for it, I would have
done it following that presentation because he is very persuasive. And
there would be another small reason, and that is my personal friendship
and respect for him.
But I daresay, Mr. President--and this does not sound quite right,
but the truth of the matter is, in my opinion, that of the 65 Senators
who will vote for Senator Simon, 40 of them are praying to God there
are 34 with the courage to vote ``no.'' I am going to help take them
off the hook because I am voting ``no.'' Why do we want to take a
problem and deal with it in such a way? Why do we want to postpone the
hard choices until every Senator here will have served out his existing
term and maybe more?
The answer is 2001. Between now and the year 2001, we will keep
voting for Milstar and the D-5 missile and more defense spending than
all of the rest of the world combined because we do not want to be a
super military power. And the red ink will continue to soar.
Mr. President, when it comes to courage, we were given an opportunity
to be courageous last summer, and the Senator from Illinois was one of
the courageous people in that debate. The President of the United
States, Bill Clinton, came to town and instead of giving us a
rhetorical choice saying, just listen to my words and the budget will
balance itself. He said I am going to raise taxes on the wealthiest
people in America and we are going to cut $250 billion in spending. Mr.
President, there are two ways to deal with the deficit, both of them
very unpopular: Raise taxes and cut spending. You get different
constituencies but they are both unpopular.
And where were all of those people who want to do something about the
deficit? Here was a President who took a very unpopular proposal to
Congress and said if you really want to do something about the deficit,
here is your opportunity. And do you know how much it passed by? One
vote in the Senate, one vote in the House.
Do you know who voted ``no?'' Forty, forty of the Senators who are
supporting the Simon amendment. They finally got a chance to stand up
and be counted and honestly do something about the deficit and 40 of
that 60-plus Senators who are going to vote for a few words in the
Constitution and assume that solves the problem, voted ``no.''
Mr. President, I never hated to go home as badly in my life as I did
after I cast that vote. Everybody in Arkansas thought their taxes were
going up. But as so often is the case, do you know what the people of
this country now think? They think President Bill Clinton did something
very important. They know he did something important. Do you know why
they know? Because the deficit has been heading down dramatically ever
since he became President. In 1993, down dramatically; 1994, down
dramatically; 1995, down again.
Mr. President, the only quarrel the President and I have--and
incidentally, Mr. President, one of the reasons your phones are not
ringing off the wall and the letters pouring into your offices on this
amendment this time as it did in 1986 is because the deficit at the end
of 1995 is going to be about half what it was when Bill Clinton became
President, and everybody knows it. They know the deficit is headed
south, and they are depending on this new young President to keep it
headed south. Now the President and I have a slight disagreement, and
the disagreement is this: He believes that health care, health care
reform, will keep the deficit headed south.
I do not know whether I believe that or not. But I can tell you one
thing. Where he and I disagree is there are a lot of other places we
can continue cutting to keep the deficit headed south that will not do
damage to our economy, and the growth rate we have going right now can
be sustained. The space station, Milstar, the D-5 missile--billions of
dollars could be eliminated and no damage done to the economy.
Mr. President, we had growth under Ronald Reagan, we had economic
growth and we had growth in the deficits. I used an expression on the
floor a hundred times: ``You let me write 200 or 300 billion dollars'
worth of hot checks every year and I'll show you a good time too.'' We
wrote about 200 or 300 billion dollars' worth of hot checks every year
and still wound up with a deficit and a recession.
Mr. President, this President has given us a choice between rhetoric
and action. Last year he got action by one vote. Here we are about to
put a provision in the Constitution that will require 60 votes to do
much of anything.
Let's assume that Congress projects that we will have enough income
coming in in the year 2000 to balance the budget. But in the middle of
the year, April 1, we realize our projections were wrong, the economy
is headed down, and we are about to have a deficit.
Under the Simon amendment we have to have 60 votes or the Social
Security checks are not going to go out the first of the month. Well, I
assume you would get 60 votes. But, Mr. President, that could be a
dangerous assumption. I was a Member of the U.S. Senate when we could
not get 51 votes to raise the debt ceiling. Do you know what happened?
Government shut down. A lot of people remember that. Employees were
furloughed and CBO ultimately said the cost of the idiocy and lack of
courage by the U.S. Congress in not raising the debt ceiling when we
should have, cost the taxpayers of this country about $60-$70 million
just so Members could go home and beat their chests to the Chamber of
Commerce, and say, I voted not to raise the debt ceiling. That is like
ordering a big steak, and when the bill comes, ``What do you mean pay
for this meal? I am not going to pay for this meal just because I
ordered it and ate it.'' That is what we did, and it cost the taxpayers
$60-$70 million. But sixty votes will be required here. You may get
them and you may not. We could not get 51 then.
Now one of the basic concerns that everybody had was what if we have
a depression and you cannot get 60 votes to unbalance the budget? And
the depression deepens. It is a rule of thumb that for every point, the
growth rate goes down, the gross domestic product goes down, it costs
the Treasury $20 billion. So you have an economy going down. And
Congress says it's not going to do anything to stop the slide. And so
for every point it goes down, add another $20 billion to the deficit.
They say, well, Congress will not be that irresponsible. Will they not?
They were willing to shut the Government down as I just described for
you.
Then, of course, a basic concern most of us had was that the courts
could take over the Congress; that the court would say you cannot spend
money or you must raise taxes or God knows what else. So now, as I
understand it, after the Reid amendment is defeated--and it will be--
amendments will be placed in the Simon substitute to say two things:
No. 1, instead of balancing the budget in 1999 or 1998, we are going to
push it off a little bit to 2001. No. 2, we are going to say the courts
may not inject themselves into this except in a declaratory way.
Mr. President, this Chamber is full of lawyers and every lawyer here
knows that a declaratory judgment is worth a warm bucket of spit. So
what you will have is the only provision in the U.S. Constitution that
is unenforceable. You think about it.
Proponents say, well, Congress will deal with it. Will they? Welcome
to Gramm-Rudman-Hollings. We thought up every contrivance known to man
to make sure we did not comply with Gramm-Rudman-Hollings. If we had a
line-item veto, it would take Robert C. Byrd about 3 minutes to say
every sentence will end with a semicolon, or the enrolling clerk will
do this, that, and the other. It would not be worth a warm bucket of
spit.
We are looking for easy solutions: Put a few words in the
Constitution; pass a law; go home, and get the good government award.
I will tell you what a courageous Senate we have here. Here is a
chart showing the results of 24 votes to cut spending last fall.
Now, I'm pointing to an important figure right here. It shows 14
Senators in the U.S. Senate voted to cut in excess of $2.5 billion. Out
of 100 U.S. Senators, 14 voted on those 24 cuts that would have cut
more than $2.5 billion.
I could tell you who they were, and I could tell you how they stand
on this amendment. That would not serve any purpose.
But look at this figure: We had 30 Senators that were willing to cut
a $\1/2\ billion in spending. That is only 30 percent of the Senate,
willing to cut \1/2\ billion off a $250 billion deficit. Tragic!
I want to pay a little tribute at this point. I did my own study. I
am using the one that Senator Mitchell did on the 24 votes. I counted
20 votes last year on spending cuts. A good big portion of them were
mine. But of the 20 amendments I studied, there were only 2 Senators
that stood head and shoulder above everybody else in courage. And that
was the Presiding Officer, the Senator from Wisconsin, Mr. Feingold;
and his colleague, Senator Kohl. They voted for 80 percent of those
cuts. They are split on this amendment, and I can understand that. But
I think people who stand up here and cast those courageous budget cuts
ought to be recognized.
Look at this chart. These items are just my amendments. These are the
amendments I offered last year, and this does not count the National
Endowment for Democracy--only $35 million. That is not much by Senate
standards.
Here is the space station. We could have saved $1.6 billion in this
year of our Lord 1994. But we voted 40-59 not to do that. Do you know
what the total savings on that would have been counting interest over
the life of the project? $2l6 billion. We could not see fit to do that.
SDI and ballistic missile defense, $400 million. We could have saved
$28 billion over the life of those projects, and on and on.
Total savings, direct and interest. On the intelligence budget, $400
million. We tried to save that. We could have saved $119 billion over a
30-year period counting interest. On the D-5 missile, we could have
saved $35 billion. That effort was defeated when the Senate had an easy
chance to save $35 billion.
Do you know why the superconducting super collider was scrapped? Not
because of the U.S. Senate--I stood here 4 years in a row trying to
kill that sucker. This is the closest I ever got: 42-57. But look what
the House did to it: killed it by 280-150. Thank the House for that,
not the Senate.
When you talk about courage, do not talk about the courage to vote
for this amendment. Talk about the courage of voting for spending cuts,
because it requires no courage to vote for this resolution.
Let us assume that we agree that the budget is about to become
unbalanced, and Social Security checks are not going to go out,
Medicaid checks are not going out, defense spending checks are not
going to go out, Medicare checks are not going to go out, medical
research checks are not going to go out; everything is going to come to
a halt because we have to have a balanced budget. You might say ``you
know Congress will not let that happen.''
It won't? They let the Government shut down for 3 days just since I
have been here. Why would I want to tempt fate by assuming that 60
Senators would not let that happen when we could not muster 51 to keep
Government going? There has been one filibuster after another in the
last 12 years. That has been the name of the game. What we would do
here is legitimize filibusters by putting them in the Constitution.
What is democracy all about? Majority rule? I guess not, because
under this amendment it will take 60 votes to keep Government in
business. How long would it take to collect a tax increase to get
Government operating again?
Every question we ask raises another question. We are talking about
the world's greatest Nation becoming a pitiful monster. What do you say
to the two Senators from California, who had an earthquake and $20
billion in damage? We will have to wait until next year or until we can
raise taxes, or find 60 votes to waive the deficit.
How about those Midwestern floods, when most every Senator in the
U.S. Senate stood and lamented the terrible plight of the people in all
of those Midwestern States? What do you do about that? Nothing?
And what about Hurricane Andrew or any other disaster? The House made
a valiant run just the other day to make Congress pass a bill to pay
for any additional disaster relief.
Mr. President, I do not have to look at those charts or these charts
to know how this all happened. All I know is that this is no solution.
As long as we continue to squander money on defense the way we have,
you are never going to balance the budget. But it is not just defense;
I am not picking on them. They just have the biggest slice of the pie.
I can tell you that we are never going to have enough jobs for our
people; we are never going to have enough education for our people; we
are never going to have the kind of health care we want; we are never
going to allow our people the dignity they have the right to expect
from a great Nation, until we get our spending priorities in order.
This great, great Nation has the highest crime rate in the world; and
25 percent of its children under 6 years of age living below the
poverty line, like they live in Chiapas, Mexico. You do not have to be
a rocket scientist to know that our spending priorities are wrong.
Mr. President, let me just say that this amendment--I do not mean
this to be disrespectful--does not even pass the giggle test. There are
just too many questions that simply cannot be answered. I would
consider it one of the gravest tragedies ever to befall this Nation if
this amendment should suddenly be made a part of that great, great
document that the wisest men in the history of this country, maybe of
the world, put together back in 1787. This makes prohibition look like
what Diogenes was looking for when he was looking for an honest man.
One of the great failings of the media is that they never report the
hypocrisy around here that we are all guilty of from time to time. They
never report who rales the loudest about deficits and then votes
against every spending cut that comes up in the Senate.
Just as an aside: I have a pamphlet here, ``Robert Byrd's Balanced
Budget.'' Have you seen this, Senator? This comes from the Ronald
Reagan Republican Center, Washington, DC, paid for by the National
Republican Senatorial Campaign Committee. It is headlined: ``Robert
Byrd and the Constitutional Amendment; What He Said in 1982 and What He
Said in 1994.'' Admittedly, they are at odds. It makes me respect him
more, as I do anyone else who has the wisdom to change his views when
he sees they should be changed. The last line of this: ``The two things
that have grown the most in the last decade are the U.S. budget and
Robert Byrd's hypocrisy.''
Mr. President, there is absolutely no room in this debate--and the
Senator from Illinois will be the first to echo what I say--for
personality conflicts. This is a grave issue when you start talking
about tinkering with the Constitution. Next to the Bible, it is the
most sacred document we know. Senator Byrd is doing exactly what he
believes in, and what I believe in. I admire him for taking the
leadership in this. Frankly, if it were not for his tenacity and
determination and intellect, I am not sure we would have won this
battle--and we are going to win it. This amendment will not pass,
largely thanks to him.
Yesterday morning in my hometown newspaper, the Arkansas Democrat-
Gazette, an Associated Press story, said: ``Senate to Defeat Balanced
Budget Amendment.'' It went on to say that because the President has
been twisting arms, because Senator Mitchell has been twisting arms,
and because people in the Senate fear Robert Byrd, this amendment is
going to be defeated.
What an insult. It is insulting to them, but it is even more
insulting to everybody else. I am not voting for it because I fear
Robert Byrd or because George Mitchell said anything to me about it.
Certainly, the President has not called me about it. I am not voting
for it because I consider it to be a bad idea. That is too simple for a
lot of people who write for newspapers to understand. But this
resolution will fall because it is a bad idea.
Mr. President, the one thing we can do to make the people of this
country more cynical than they already are, and as they sit around the
coffee shops and talk about why Congress cannot get the deficit under
control, and stop all that spending, the worst thing you can do to them
is to say: We put this in the Constitution, and now it is all taken
care of. And then a few years down the pike, they will find that they
have been had once again; that, it is unenforceable because there is
nobody to enforce it except the good will of the Congress.
It is unenforceable because it requires a supermajority to unbalance
the budget. It even says you can waive it in case of a declared war or
military conflict that threatens our national security.
What if you are not in a conflict but you are going to have to spend
a few billion dollars getting ready for one that you feel you are going
to have to fight? What happens then? You cannot do it if it unbalances
the budget.
Back to the point: When the people find out, if they ever do, that
the wool has been pulled over their eyes once again by what they
consider to be a hypocritical Congress, then all you have done is
raised the cynicism level still higher, and God knows that is the
biggest problem we have in this country.
So, Mr. President, again I thank my friend from Illinois for yielding
this time to me and the Senator from Nevada to vent my spleen and say
these few things about it.
I see the Senator from Illinois on his feet. I yield the floor, Mr.
President.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. SIMON. Mr. President, I will just comment for 3 minutes on the
speech by my colleague from Arkansas. Then I want to yield to the
Senator from Pennsylvania.
First of all, 80 percent of what he had to say, believe it or not,
supports the balanced budget amendment rather than negates it because
he is talking about all our deficiencies.
I voted with him on that 1981 Reagan tax cut. I voted with him on the
majority of those things up on that board.
In terms of waiting, when we say it is 2001, we are going to wait
until 2001, the reality is every Member here, whether they are for my
amendment or against it, if it passes, we know it is going through the
House; we know it is going to be adopted by the States. We are going to
start work on it right away so that we get on a glide path. We know
that.
In terms of it taking 60 votes in time of recession, since 1962 we
have passed 11 stimulus packages in the United States Senate. Every one
of those passed by more than 60 votes. We can do that.
And in terms of a majority not being able to get things done, in the
Constitution there are 8 exceptions right now to the majority
controlling things. When James Madison proposed a Bill of Rights, one
of Alexander Hamilton's arguments initially opposing it was you are
taking power away from the majority, and James Madison talked about
majority abuses.
Anyone who looks at this deficit for 25 years in a row, the kinds of
things the Senator is talking about, that is why we need some special
provisions here.
In terms of it being unenforceable, my good friend from Arkansas is
slightly inconsistent, and I am not suggesting I am always consistent,
when we have the three-fifths for extending the debt, and he says it is
unenforceable. I think that is a very tough enforcement provision.
Gramm-Rudman-Hollings was not any good because it was statutory. I
think it did a little bit of good in terms of restraint, but whenever
it is statutory we can get around it.
And then Senator Bumpers, who is a strong supporter of education,
take a look at the last 12 years, yes, in nominal terms we increased
education. In inflation adjusted terms, we spent minus 8 percent on
education. And what happened on interest? It went up 91 percent.
Interest squeezed out our ability to respond on those social questions.
And then every argument my friend from Arkansas used right now we
used in 1986. In 1986 people said we can balance the budget without a
constitutional amendment. In 1986 the deficit was $2 trillion, and now
we are hearing exactly the same arguments and the deficit is $4\1/2\
trillion plus.
Mr. President, I ask unanimous consent to print a table entitled
``Lifetime Net Tax Rates Under Alternative Policies'' in the Record.
There being no objection, the table was ordered to be printed in the
Record, as follows:
LIFETIME NET TAX RATES UNDER ALTERNTIVE POLICIES
[In percentages]
------------------------------------------------------------------------
Health
care
With reform
Generation's year of birth Before After health but
OBRA93 OBRA93 care faster
reform cost
growth
------------------------------------------------------------------------
1900........................ 23.6 23.6 23.6 23.6
1910........................ 27.2 27.2 27.2 27.2
1920........................ 29.0 29.0 29.1 29.1
1930........................ 30.5 30.6 30.9 30.9
1940........................ 31.6 31.9 32.4 32.2
1950........................ 32.8 33.2 34.0 33.5
1960........................ 34.4 35.0 35.9 35.2
1970........................ 35.7 36.5 37.6 36.6
1980........................ 36.0 36.9 38.2 36.7
1990........................ 35.5 36.5 38.3 36.2
1992........................ 35.4 36.3 38.3 36.0
Future generations.......... 93.7 82.9 66.5 75.2
Percentage difference:
future generations and 1992 165.1 126.0 73.0 108.8
------------------------------------------------------------------------
Mr. SIMON. Forget GAO projections and all the others. Look at the
lifetime net tax rates under alternative policies. Under OMB figures in
that budget they just gave us, tax rates for someone my age, 1930--I
was born in 1928--but let us say 1930 are 30 percent, and for someone--
I want to have the attention of my colleague from Arkansas on this--for
future generations, and this is if the health care bill passes and
saves all that they project, if we have 10 years of prosperity in a row
without a dip, both of which are somewhat questionable, even though I
am a cosponsor of the Clinton health program, the administration says
66 to 75 percent of the lifetime earnings of future generations will go
for taxation.
It is not going to happen. We are going to print money. That is the
reality.
Mr. BUMPERS Mr. President, will the Senator yield for a question?
Mr. SIMON. I am pleased to yield, and I do want to yield.
Mr. SPECTER. Mr. President, if I may ask my colleague, he was going
to speak for 3 minutes until 5:30 and we had scheduled me to follow. I
wonder if I might proceed without more extended debate.
Mr. BUMPERS. Let me say to the Senator from Pennsylvania this will
only take a couple of minutes. This is not going to be a long colloquy.
I just wanted to inject a question here.
Is there a unanimous consent agreement for the Senator from
Pennsylvania to speak?
Mr. SIMON. We do not have a unanimous consent agreement.
Mr. SPECTER. The Senator said 5:30. The Senator from Illinois said he
would be 3 minutes.
Mr. BUMPERS. We will not detain the Senator long. I just wanted to
ask the Senator from Illinois a couple of questions.
I want to ask the Senator, No. 1, if the Senators in this body do not
have the courage to cut spending and balance the budget now, and you
put this in the Constitution, and there is absolutely nothing and no
way to enforce it, because you are taking the courts out of it, what is
it in this amendment that is going to change the courage of the Members
of the Senate to balance the budget? That is the first question.
The second question: If we wind up in the middle of the year seeing
that either we have grossly overestimated revenues, or grossly
underestimated spending and that we are therefore headed for an
unbalanced budget--but the Senator cannot get 60 Senators to waive the
budget. I want the Senator to tell me what would he do in each of these
cases.
Mr. SIMON. I would be pleased to answer the question. Senator Specter
assures me he has some appointments waiting.
I yield to the Senator from Pennsylvania and then I will be pleased
to answer the questions of the Senator from Arkansas.
Mr. BUMPERS. I probably am not going to hang around that long. I do
not what to detain the Senator from Pennsylvania either.
The PRESIDING OFFICER. How much time does the Senator from Illinois
yield to the Senator from Pennsylvania?
Mr. SIMON. I yield 15 minutes to the Senator from Pennsylvania.
The PRESIDING OFFICER. The Senator from Pennsylvania is recognized
for 15 minutes.
Mr. SPECTER. Mr. President, I thank the Senator from Illinois. I will
say my very brief word of explanation that I had thought I was
scheduled at 5 p.m. I had commitments, but then the Senator from
Arkansas retained the floor until 5:30. Then there were 2 more minutes
requested by the Senator from Illinois. When the colloquies proceed it
is very difficult to establish any time limit. So I thank my colleague
from Illinois for yielding to me at this time.
I support the constitutional amendment for a balanced budget because
I firmly believe that the Congress needs to develop discipline through
a constitutional amendment to live within our means.
When the Senator from Arkansas talks about some of his efforts on
spending cuts, I supported the Senator from Arkansas when he fought
valiantly to have a substantial cut in the space station last year and
the year before and the year before that. I believe had this
constitutional amendment been in effect the effort by the Senator from
Arkansas to cut the funds of the space station would have carried.
As long as the Congress may engage in deficit spending, then it is
always easier not to cut the expenses and to let one more item go
through on an appropriations bill. However, if we were bound to balance
the budget so that every time we authorized money for an additional
expenditure we had to raise taxes, then I think the expenditures would
not be made. If this body were looking at the space station
expenditures in the context that taxes had to be raised, I believe
there would be a difference in the response of the Senate and the House
of Representatives.
It is my submission as a fundamental matter that if an item is worth
appropriating for then we ought to have the courage to raise taxes for
it.
But the practical fact of life is that our constituents would not
stand for such increases in taxes, would not stand for increase in tax
in the range of some $200 billion more. The consequence would be that
we would make the hard choices and that we would make spending cuts or
if we found that we could not cut as much as we wanted to on spending
cuts then we might look at taxes. But I think taxes would be a very,
very last resort.
It is my view, Mr. President--a view that I have backed up in the
1982 vote on a constitutional amendment for a balanced budget when I
supported it and the 1986 vote on the constitutional amendment for a
balanced budget when I again supported it--that this country ought to
live within its means, just as any individual has to live within his or
her means. If any individual does not live within his or her means,
that individual winds up in a bankruptcy court.
When the Senator from Arkansas talks about the great Constitution of
the United States, I agree with him totally. Long before my days in law
school, I was enthralled by the Constitution. When I studied
constitutional law in law school, there was an added reverence for it.
As a practicing lawyer, I worked a great deal on constitutional issues,
especially when I was district attorney in Philadelphia and chief of
the appeals division. During the course of the work I have had on the
Judiciary Committee and serving on the Constitutional Law Subcommittee
and on the occasions where we have confirmations of Supreme Court
nominees. Now there is an occasion to go back and reread the
constitutional law cases.
Currently, I have been deeply enmeshed in Supreme Court decisions, as
I am preparing for an argument in the Supreme Court of the United
States on Wednesday, the day after tomorrow, and revisiting the issues
of separations of powers and constitutional authority.
I believe that the Senator from Arkansas is correct that the
Constitution of the United States is the greatest document ever
produced by man. But the Constitution of the United States is the only
Constitution that I know of that has no limitation on spending.
We have constitutions in 50 States. Illustrative is the constitution
of my State, Pennsylvania. Pennsylvania has a constitutional
requirement for a balanced budget. If Pennsylvania did not have a
constitutional amendment for a balanced budget, I can assure you, Mr.
President, and the 12 million people in Pennsylvania that Pennsylvania
would not go through the rigors of the budget when they face the hard
questions of what can be spent and what has to be taxed.
I believe the same principle is true in the other States; that if
States had added latitude, as does the Federal Government, to engage in
deficit spending, then deficit spending would be the rule rather than
the exception.
When the Senator from Arkansas talks about the wonders of the current
President in reducing the deficit, I think the facts do not support
that. There have been lesser expenditures in savings and loans
recently, for example, which yielded a very substantial savings as
compared to the years during the preceding President.
When the President of the United States makes a projection that he is
reducing the deficit by $500 billion, it simply is not so, or it
depends on how you calculate it. The deficit projection was $1.6
trillion. When the President talked about reducing the deficit by $500
billion, he was saying realistically that the deficit would be $1.1
trillion. And that is how much the deficit is going to go up in the 5-
year projection by President Clinton.
So the debt, which is now $4.3 trillion, will go to $5.4 trillion, or
even higher.
Mr. President, none of us would think for a minute about buying
something, consuming it, and charging it to our children. And none of
us would think for a minute about buying something and consuming it and
charging it to our grandchildren.
I have had the pleasure, Mr. President, for the last 40 days to have
a new granddaughter. It is a little more emphatic to me now as I look
at a constitutional amendment for a balanced budget on the principle--I
see Senator Simon nods in affirmative; he does not nod too often in the
affirmative when I am speaking, but he is now. But it brings to home,
as I hold that 5 pound 5 ounce child.
On the day she was born, I said to my son Shanin, ``Where do you
think she will be in the year 2074?'' And I projected ahead just 80
years, hoping that her life expectancy would be 80 years. And Shanin,
my son, looked at me and said, ``I don't know where we will be. I guess
we will not be here.'' But she will still be paying for the deficit in
the year 2074 and beyond if this Government does not take some step to
reduce it.
And that is the basic issue, Mr. President. I believe that the
Congress long ago should have gone beyond the constitutional amendment
for a balanced budget and should have enacted the line-item veto, the
provision which would enable the President to strike specific items.
I have done some research on that subject and have concluded that the
President currently has the constitutional authority to exercise the
line-item veto. A number of us, this Senator included, urged President
Bush to exercise the line-item veto. When I did that one day, President
Bush said to me his lawyer told him he did not have the authority. I
suggested to President Bush that he change lawyers. That would get me
into a lot of trouble with the bar association if they ever took up the
issue.
I had an occasion to talk with President Clinton recently when I
accompanied him on a trip to Pennsylvania and I urged President Clinton
to exercise the line-item veto.
I have made a part of the Congressional Record that legal research
which shows that the key article in the Constitution of the United
States was copied from a Massachusetts constitution which has the line-
item veto, as do other States. Pennsylvania and Georgia have the same
provision. It would be my hope that one day a President will have the
courage to exercise the line-item veto. And if it requires a
constitutional amendment first, then I am prepared to do that.
The issue before us is the constitutional amendment for a balanced
budget. I think it ought to be adopted.
On the procedural level, we are faced with a somewhat unusual
situation, and that is that we have the constitutional amendment by the
Senator from Nevada pending before the constitutional amendment by the
Senator from Illinois. My preference is the constitutional amendment by
the Senator from Illinois, because it is more restrictive.
Now I know that there are those who favor the amendment by the
Senator from Nevada because it precludes cuts on Social Security. I am
opposed to cuts on Social Security. It is my view, Mr. President, if we
adopt the amendment by the Senator from Illinois, that, as a matter of
our discretion, we can protect Social Security and we can protect the
interests of the senior citizens. I think we can do that. I think that,
as a matter of establishing our priorities, this Congress will be able
to put our priorities in order and make sure that the needy and the
senior citizens are protected.
But I am in a bit of quandary, candidly, as I said to both Senator
Reid and Senator Simon, as to how to vote. If Senator Reid's amendment
does not pass short of a vote and I vote against it and then Senator
Simon's does not pass. Senator Reid's amendment is better than none,
although I prefer Senator Simon's amendment.
So I am in somewhat of a quandary at this moment as to how to
approach the first vote on the amendment by the Senator from Nevada.
But I do believe firmly, Mr. President, that the time has long passed
when the Congress of the United States ought to take a stand on a
constitutional amendment for a balanced budget. It is a basic factor of
living within our means.
I believe that we should have adopted this amendment in 1982, when
the Senate passed it 69 to 31, and one of those 69 votes was mine. I
believe we should have passed it in 1986 when we were one vote short
with the vote of 66 to 34, one vote short of the two-thirds majority.
I urge my colleagues to make the hard decision. We can work it out on
a set of rational priorities and do our job and not burden future
generations with a debt which we certainly would not do on an
individual basis and we ought not to do on a collective basis. The only
way to put the zeal and the resolve and discipline to this Congress or
any Congress is to have the requirement. I think we can discharge that
duty. I intend to vote for the constitutional amendment for a balanced
budget, and I urge my colleagues to support the amendment.
Mr. President, a nation, like a family, should live within its means.
It is unfair to saddle future generations with our failure to pay for
what we spend. While we should be able to limit spending without
constitutional constraints, the historical fact is that the Congress
and the executive branch have not been able to do so. Therefore, the
Senate's consideration and prompt approval of this balanced budget
amendment to the Constitution is necessary to restore sound fiscal
policy in this Nation's Government.
I have been a strong supporter and a proponent of a balanced budget
amendment during my tenure in the Senate. On January 21, 1993, I
introduced Senate Joint Resolution 5 to amend the Constitution to
require a balanced budget which is nearly identical to the amendment we
are considering today. I had originally introduced Senate Joint
Resolution 5 for a balanced budget amendment to the Constitution in the
102d Congress.
The Federal Government has been operating at a deficit since 1961.
Since then, the problem has grown worse, culminating in the huge budget
deficits over the past decade. In fiscal year 1989, the deficit was
$152.5 billion. The President's budget request for fiscal year 1995
projects a deficit of $165.1 billion compared to the $234.7 billion
recorded for fiscal year 1994. It is my hope that this is true deficit
reduction for fiscal year 1995. However, we must recognize that
although it is below the fiscal year 1994 deficit total, the
Congressional Budget Office estimates that the deficit will be above
$200 billion by 1999 unless prompt action is taken. Further, it is
important to understand that our Nation's debt continues to increase.
Under President Clinton's budget proposal the Nation's debt is
projected to increase from $4.6 trillion in fiscal year 1994 to $6.27
trillion by fiscal year 1999.
This chronic deficit and growing debt has an extremely deleterious
effect on the economy. It removes vital capital that would otherwise be
available for private investment to help the economy grow. The fiscal
year 1995 budget estimates a debt of $4.9 trillion. The interest on
that debt totals $212.8 billion which could be better spent on our
Nation's decaying infrastructure or improvements to our Nation's health
care system.
I strongly believe that there is no issue more important to our
country in the long-term than this deficit. No sharper arrow can be
placed in our country's quiver to combat these chronic deficits than a
balanced budget amendment. It places the sanction of our fundamental
law on the need for a balance between receipts and expenditures. The
President and all Members of Congress take an oath to uphold the
Constitution. Requiring a balanced budget in the text of the
Constitution as a legally enforceable provision will force us to curb
deficit spending. As all parties in the political system have shown
themselves to be unable to withstand the vicissitudes of the current
political system, the answer is to change the system.
This proposed amendment would require the President to transmit a
balanced budget to Congress for its consideration in which total
outlays to not exceed receipts. This requirement puts the initial onus
on the President to propose a balanced budget. The amendment would
prohibit deficit spending unless three-fifths of the whole number of
both houses of Congress provide for a specific excess of outlays over
receipts. Thus, even though the amendment would permit deficit
spending, it would do so only upon the approval of a supermajority of
the House and the Senate, and even then the scope of the deficit would
be limited to the amount specifically authorized by Congress. The
provisions of the amendment could be waived by simple majority vote in
any year in which a declaration of war is in effect.
Obviously, a constitutionally mandated balanced budget could require
significant spending cuts and/or revenue increases. To require a
balanced budget too soon would result in severe economic dislocation.
Therefore, the resolution we are considering would not require a
balanced budget until the year 2001. There has been analysis
distributed showing the State-by-State impact on cuts that would be
necessary to achieve a balanced budget by the year 2000. It is
important to point out that this analysis assumes that Congress will
impose these cuts in a single fiscal year, rather than a phased-in
approach. In considering my support for this amendment, I am mindful of
the special problems facing my State. Numerous Federal programs are
critical to the economy of Pennsylvania. In the long run, however,
neither Pennsylvania nor any other part of the country will remain
prosperous if we fail to address the intolerable Federal deficit.
I have said before that political will is the best answer to the
problem of our Nation's budget deficit. But we who are responsible for
representing our constituents have focused on the deficit now for many
years and have been unable to come up with a solution acceptable to a
sufficient majority. Our political institutions have failed to resolve
this problem. When an issue as fundamental to our Nation's future as
the deficit proves to be politically intractable, the answer must be to
enshrine the value of balanced budget among the core values in our
Constitution, to remove it from the vicissitudes of the political
arena. That is what a balanced budget amendment would achieve. It is an
idea whose time is overdue, and I hope that Congress will approve and
send to the States for ratification a balanced budget amendment this
year.
Mr. SIMON addressed the Chair.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. SIMON. Mr. President, first of all, I congratulate my colleague
on becoming a grandfather. I am pleased to have him join the ranks.
Talk about taxation without representation, that little grandchild of
yours faces that.
Mr. SPECTER. If I might respond in one sentence? She has
representation--me. I intend to vote for this constitutional amendment.
Mr. SIMON. I thank my colleague. I yield 10 minutes to the Senator
from Arizona [Mr. McCain].
The PRESIDING OFFICER. The Senator from Arizona is recognized.
Mr. McCAIN. Mr. President, I have not engaged much in this debate
because I think we all recognize political reality here. The political
reality is that the distinguished chairman of the Appropriations
Committee, in opposition to this bill, has sufficient votes to defeat
the Simon balanced budget amendment. I think the chairman would not
have agreed to a vote on this legislation if he had not had the votes
to prevail. So all we are doing here is going through an exercise in
establishing a record.
But I will suggest to my colleagues, when this amendment is defeated,
and it will be by one or two votes--I see a rather incredulous look on
the face of my friend from Illinois. The fact is I have dealt with the
Senator from West Virginia on the line-item veto and many other issues.
I have the highest regard for his parliamentary skills and his ability
to count votes. He would not have agreed to a vote on the Simon
amendment following the vote on the Reid amendment if he did not have
sufficient votes to defeat it. I believe that is the reality. We will
find out tomorrow evening whether I am right or wrong.
If I am wrong, I will be overjoyed. If I am right and the Senator
from West Virginia has sufficient votes to defeat this very important
amendment, I predict to my colleagues this issue is far from over. By a
4 to 1 margin the American people strongly support a balanced budget
amendment to the Constitution. I support it. I do not believe we should
override the overwhelming view and will of the American people.
Frankly, I think it is very incredible and unjust that we continue to
do so.
Mr. President, the national debt is over $4 trillion. In fiscal year
1994, the Federal Government will pay more than $200 billion in
interest, or some $800 million every day. Every child born in this
country today will inherit a $17,000 public debt.
These numbers are facts, Mr. President. We are talking about a
millstone of debt we are placing on the shoulders of our children and
grandchildren. And we now have an opportunity to stop this insanity.
Let me repeat, the national debt is over $4 trillion. We pay more
than $800 million every day on interest on the debt. Every child born
in this country today inherits a $17,000 share of the debt.
The Congress' spending spree has led to 24 straight unbalanced
budgets. It took our Nation 205 years--from 1776 to 1981--to reach a $1
trillion debt. Now in just 12 years, the debt has amassed to $4.4
trillion.
The facts bear witness that the Congress does not possess the
discipline to control its spending habits. For 33 of the last 34 years
the Congress has passed budgets where outlays exceeded receipts. As the
deficit continues to grow, by the end of the century we will be
spending more money to pay the interest on the debt than we will on
defense.
Some say that the balanced budget amendment is not necessary because
the Congress alone controls the power of purse and can balance the
budget without any constitutional directive to do so.
We have the power of the purse, alright, Mr. President. And it is a
power we have abused. We are now spending from a purse that belongs to
future generations.
Mr. President, the Congress has clearly not exercised the control
necessary to balance the budget on its own. We are a Congress addicted
to spending. We continually spend the taxpayer dollars on studies of
cow flatulence and other pork barrel projects. And there is no end in
sight.
Since we cannot control ourselves, there is only one light at the end
of the tunnel: the balanced budget amendment. The balanced budget
amendment will give us guidelines to follow. It will force us to make
tough choices on which programs to fund and how to prioritize our
spending. The balanced budget amendment will give our children and
grandchildren hope for a prosperous future--that is quickly sinking
under a growing tidal wave of red ink.
Our Founding Fathers saw the importance of avoiding debt. The Framers
assumed that each generation of Americans would pay its own bills and
that over time the budget would remain in balance.
Thomas Jefferson stated:
We should consider ourselves unauthorized to saddle
posterity with our debts, and morally bound to pay them
ourselves.
Thomas Jefferson also stated:
And to preserve [the people's] independence, we must not
let our rulers load us with perpetual debt. We must make our
election between economy and liberty, or profusion and
servitude.
Mr President, the Founding Fathers realized that at certain times,
there may be a need to temporarily incur debt. Many here have cited the
Louisiana Purchase as an example. But the Louisiana Purchase is an
entirely different matter from some of the pork we are currently
funding.
But, Mr. President, we are not talking about the Louisiana Purchase.
The public is well informed. The public is demanding the balanced
budget amendment not because we are spending its money on worthwhile
items, but because we are spending it on wood utilization research,
studies on cranberry and blueberry disease and breeding, and locoweed
research.
For two centuries, except to fund great national priorities or war,
the Congress spent only what money it collected. But in the last 12
years, the Congress found out that it can spend money for purposes that
are not national priorities or truly in the national interest and stick
our children with the price tag. It may be good politics to do so, but
it is unconscionable public policy. And it is time to stop it.
Deficit spending is a disease. We need tough medicine. Over-the-
counter statutory cures have proven too weak and ineffective. There is
one cure left: the balanced budget amendment.
Opponents to this cure have made dark ominous claims about possible
side effects. I respect the arguments made by the opponents of this
measure. There is no more formidable Senator to debate these issues
than the esteemed chairman of the Appropriations Committee. I commend
him on his expertise and lively debate.
As I stated, many claims have been made about the possible side
effects of the balanced budget amendment. These scare tactics are
effective. But the fact of the matter is none of the side effects can
be worse than the disease. Staggering deficits will regularly effect
every Government program, cost jobs, and rob our children. The more we
spend on interest, the less resources we have for other vital goods and
services.
Additionally, as the Judiciary Committee stated:
[I]nterest payments work to redistribute income in the
wrong direction. The money for these payments comes out of
the pockets of taxpayers, primarily low and middle income
families. These same working families are so burdened by the
high interest rates that the deficit sustains. On the other
end of the scale are the more fortunate and well-off, who can
afford to invest in Treasury bonds and receive high interest
payments.
Mr. President, these low- and middle-class families are the ones who
most benefit from Government services and who--when they are forced to
live without them because Government dollars are being wasted to pay
interest on the debt--most suffer.
Additionally, because these interest payments slow the growth of the
economy, there are fewer and fewer jobs for middle and lower income
Americans.
I also want to address one specific spurious charge regarding this
legislation effect on Social Security made by the opponents of the
amendment.
It is wrong to seek to balance the budget on the backs of our
seniors. The Social Security system is a self-financing trust created
to assist our Nation's seniors and that trust in no way should ever be
jeopardized.
In 1983, when I was first elected to Congress, the Social Security
trust fund were in jeopardy--losing over $1 million an hour. That year,
we adopted the recommendations of the bipartisan National Commission on
Social Security Reform.
The reforms worked. Today the trust fund is healthy--with sufficient
reserves to pay benefits well into the next century.
Social Security is a sacred trust between our country's citizens and
the Government. It is not an entitlement or a handout. We must preserve
that trust and not violate it by leaving the Social Security trust fund
on budget and subject it to a balanced budget amendment. Leaving the
Social Security trust fund on budget masks the size of debt and is
political chicanery of the highest magnitude.
Mr. President, the esteemed senior Senator from New York, one of the
Senate's foremost experts on the Social Security system stated on
September 10, 1992:
Social Security is not an entitlement; it is a contributory
pension insurance program. Persons pay into an account, and
their name and their number and payments are kept track of
over the years; when they retire, they are paid back
according to a formula that has been in law and is predicted
and understood.
Unfortunately, many have mischaracterized Social Security as an
entitlement and assert that it must be included in any budget
calculations. However, as Senator Moynihan noted, Social Security is
not an entitlement; it is a Government administered pension insurance
program.
As Robert Myers, the Chief Actuary of the Social Security
Administration from 1947 to 1970 stated:
The Social Security trust fund is one of the great social
successes of this century. The program is fully self-
sustaining, and is currently running significant excesses of
income over outgo. The trust fund will continue to help the
elderly for generations to come--so long as the rest of the
Federal Government acts with fiscal prudence.
I had hoped that the Social Security trust fund would have been
exempt from the provisions of the bill. I will continue to fight for
that.
However, as Mr. Meyers correctly points out.
[T]he most serious threat to Social Security is the Federal
Government's fiscal irresponsibility. If we continue to run
Federal deficits year after year, we will face two dangerous
possibilities. Either we will raid the trust funds to pay for
our current profligacy, or we will print money, dishonestly
inflating our way out of indebtedness. Both cases would
devastate the real value of the Social Security trust funds.
He continues:
Regaining control of our fiscal affairs is the most
important step that we can take to protect the soundness of
the Social Security trust funds.
Mr. President, that is exactly what the balanced budget amendment
would do--it would allow us to control our fiscal affairs. A
responsibility that is long overdue.
I want to take this opportunity to thank my friend from Illinois for
his efforts. Even when this loses, this battle will not be over because
the American people will not allow it to be over. I look forward to
working with him to bring this issue up again, because it will not die
until the will of the people is enacted, and that is a balanced budget
amendment to the Constitution.
I also comment that one of my colleagues on the floor earlier was
talking about how he had voted for various cuts in spending. I rely on
the view of the National Taxpayers Union, the Citizens Against
Government Waste, the Citizens for a Sound Economy, and others who
monitor the performance and the votes of the Members of this body. I
think the public will find out by looking at those ratings as to who is
in favor of spending money and has given us this over $4 trillion debt
and who has not and who votes for cuts.
The fact is, we just had a stark reaffirmation of the inability of
this body to bring spending under control when we voted down the
Kerrey-Brown amendment just weeks ago. That amendment would have cut
$97 billion from an over $1 trillion budget, and this body could not
see its way clear to make those cuts. So if there is anyone who
believes that this body is serious or this Congress is serious about
bringing the deficit down to zero, they simply have to look at the
repeated efforts by Members of this body to enact cuts in spending,
which time after time go down in defeat--in many cases overwhelmingly
so.
I just want to point out yet again several facts we should bear in
mind when we go through this debate. The national debt is over $4
trillion. In 1994 the Federal Government will pay more than $200
billion in interest, or some $800 million every day. That $800 million
being spent every day does not buy a food stamp, does not build a home,
does not take care of anybody in need. It simply pays the interest on
the debt that we have accumulated, which we will continue to pay and
pay. It does not do anyone any good. In fact, in the view of some, it
is a redistribution of wealth that is unconscionable.
There are some very cynical people around who have made the
assertion--which has some credibility to it; that is their reason--that
they divine why Congress has not balanced the budget. Because if 85
cents out of every dollar is in the budget and an additional 15 cents
is laid on future generations of Americans to pay, that gives them an
additional 15 cents they would not have to pay for pork barrel projects
and unnecessary and wasteful spending, which goes on and on and on,
much of it in the form of the most obscene kind of spending: $2.5
million to study the effect on the ozone layer of flatulence in cows;
$2.5 billion in highway demonstration projects, of which 40 percent
went to four States and four States alone. Highway demonstration
projects have been characterized, I think correctly, as a way that a
Congressman or Senator can demonstrate that he or she has enough clout
to get pork for their State.
The list of waste and pork goes on and on. It is obscene, it is
unacceptable, and it has to stop. That is why overwhelmingly the
American people, who are neither stupid nor uninformed, overwhelmingly
support the balanced budget amendment to the Constitution. And, even as
laudable as some of the aspects of the Clinton budget are, it also
mandates deficits for the foreseeable future.
Would a balanced budget be painful? Yes. Would it make things
difficult? Yes. Would we have to protect Social Security? Yes. But is
business as usual acceptable to the American people and to future
generations of Americans? I say the answer that the American people are
telling us is overwhelmingly no. That is why I say to my friend from
Illinois, in the words of Winston Churchill, ``Never give up. Never
give up. Never give up.'' We are mortgaging the future of our children
and grandchildren by laying this debt on them. It is unacceptable.
It is an abrogation of our responsibilities when we seek public
office and we raise our hands and swear that we will support and defend
the Constitution of the United States against all enemies, foreign and
domestic that we now act in this fashion. We have a domestic enemy
here, a domestic enemy that is gnawing away at the very fiber of
America's economy. We cannot continue to run up this incredible debt.
We cannot continue to pay these interest costs, to the tune of $200
billion a year, $800 million a day. We cannot do it and expect to have
a sound economy. If we do not enact a balanced budget amendment, then
we cannot do away with that debt except through debasing the currency.
If we debase the currency, yes, then we can pay off the national debt.
But debasing the currency destroys the middle class of America.
Mr. President, I will not take any more of my colleagues' time--I
know others want to speak--because this round of the battle is over. I
know we do not have the votes to pass the Simon-Craig amendment. But I
do know this. It is not over. It will not be over until we pass it. And
we will not have fulfilled our obligations to the people of this
country until we provide them with the fiscal sanity that they need and
deserve.
I yield the remainder of my time.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Mr. President, I appreciate the remarks of the Senator from
Arizona. He, typically, is very energized and speaks with great
feeling. For that reason, I say to the Senator from Arizona that he
recognizes, as I stated Friday, that the Simon amendment is dead.
Therefore, I think it would be in the best interests of this country,
and the Senate as an institution, that we adopt the Reid substitute.
Why do I say that? Because it requires a balanced budget amendment by
the year 2001, but it does it through realistic budgeting. That is,
Social Security would be off-budget. There would be capital and
operating budgets like we have in all States. But the problem I see is,
as the Associated Press last week quoted the senior Senator from Idaho,
he said the Republicans are going to vote against the Reid amendment.
That means not only is the Simon amendment dead, but my amendment will
also fail. That is too bad.
My friend from Illinois, and then the Senator from Pennsylvania,
said--I am paraphrasing this: We are not worried about Social Security
because my friend from Illinois said the legislation to correct that is
on the path. The Senator from Pennsylvania said we can correct that
with legislation.
We have that clearly as not being able to occur. The administrator of
the Social Security Administration for three Presidencies has stated
just 2 weeks ago that anyone who suggests that is simply wrong.
He was responding to a man by the name of Mr. Myers who said we do
not have to worry about Social Security; it is more important to have a
balanced budget than to worry about Social Security. What Mr. Ball has
stated, and I think we all recognize his being an expert, is:
Let me, therefore, confine my testimony to the effect of
the amendment on Social Security, a program to which, along
with Medicare, I have devoted my life.
He goes on to say:
We are talking about a constitutional amendment which will
stand perhaps forever, at least a long, long, time. And to
judge they will not take actions that are permitted and quite
with great pressure to take them because of what Mr. Myers
characterizes as reasons for not moving, I think is really
quite naive.
He says this will not happen, that they will not touch
Social Security after a budget balancing amendment is passed,
because it would be against integrity, logic, and fair play.
It would, but the pressures would be extraordinary. I believe
it would put at great risk the monthly benefits of 42 million
people who are currently receiving benefits and the benefits
of millions more who are working and building credits for
future benefits.
Mr. Ball continues:
In 1993 alone, 134 million earners worked under Social
Security. Practically every American family has a major stake
in the program. It is hardly a special-interest group to be
defending Social Security. The program today keeps 15 million
people out of poverty and millions more from falling into
near poverty. But what is frequently overlooked is it is much
more than a poverty program. It is the only retirement
program for 6 out of 10 workers in private industry, and the
base on which private pensions are built for the other 4 out
of 10.
Social Security is family insurance as well as retirement
protection. Life insurance protection under Social Security.
It pays nearly 3 million children each month and, of course,
there is also protection against loss of income because of
disability. The protection of young families is very
significant.
Now, all this protection, retirement, survivors, and
disability insurance would be put at risk . . . by a
constitutional amendment----
Talking about the Simon amendment.
forcing a balanced budget. The amendment provides a great
opportunity for those who favor cutting Social Security and
radically restructuring it.
Social Security is self-financed and responsibly financed.
It has had no part in creating the deficit and the staggering
debt.
This is a man whose qualifications are not surpassed, who says if the
Simon amendment passes, Social Security will be put at great risk. Mr.
President, my amendment preserves Social Security. My amendment allows
the Nation's budget to be balanced by the year 2001. It prohibits
deficit spending unless it is approved by a three-fifths vote. It
retains the integrity of the Constitution. It is a realistic way of
balancing the Federal budget because it is patterned after how the
States balance their budgets. In effect, the Federal Government will be
asked under the Reid substitute to operate like families and the
States.
I have struggled with the arguments of my friend from Illinois, and I
have arrived at the point that I believe his amendment is fatally
flawed and, for that reason, it will fail. As I mentioned to my friend
from Arizona, he acknowledged that the Simon amendment is going to
fail. Why not join the Reid amendment, the Reid substitute, because the
House is going to come up with some kind of a balanced budget
amendment, and I would bet it will be something comparable to my
substitute.
My amendment is pragmatic, it is enforceable, it provides three
simple differences with the Simon approach: No. 1, it provides
flexibility during times of economic recession to prevent depression,
and we have documented out depressions occur and occur and occur, and
have occurred prior to 1929. It allows the Federal Government to
prudently borrow for infrastructure needs, capital investments, roads,
airports, mass transit, and it preserves Social Security as a separate
trust fund.
Earlier today, I met with members who support my amendment. For
example, the National Committee to Preserve Social Security consists of
6 million people. Its executive vice president, Max Richmond, was
present in room 211 today where he stated the Reid amendment is
protection for 6 million people who belong in his organization.
We also received support from the National Alliance of Senior
Citizens, who support the Reid amendment. I ask unanimous consent that
a letter on behalf of the National Alliance of Senior Citizens, signed
by their chief executive officer, Peter J. Luciano, be printed in the
Record.
There being no objection, the letter was ordered to be printed in the
Record, as follows:
National Alliance of
Senior Citizens,
Washington, DC, February 28, 1994.
Senator Harry Reid,
U.S. Senate, Washington, DC.
Dear Senator Reid: On behalf of the National Alliance of
Senior Citizens, this letter is to express our strong support
for the Reid Balanced Budget Amendment. Your approach to this
important issue recognizes the critical distinction of Social
Security, namely that it is a Trust Fund, built from the
contributions of working men and women for their retirement.
The surplus in this Trust Fund is an investment that working
Americans have made for their future, and for this reason,
Social Security must not be treated as simply another budget
item in the battle for fiscal responsibility.
Senior citizens have as much at stake as other Americans--
perhaps more--in seeing the federal government return to a
prudent fiscal policy. The National Alliance of Senior
Citizens was founded twenty years ago for that very purpose--
to ensure a voice for senior Americans who believe national
policy on aging must be based on sound fiscal principles. It
is well known that rising taxes and inflationary policies,
such as huge budget deficits, do particular harm to those on
fixed incomes.
But there is an important difference--in anyone's budget,
private or public--between Savings Accounts, Investment
Accounts, and Current Consumption Accounts. The Reid Balanced
Budget Amendment recognizes these key distinctions, and in
doing so, helps protect the future of elderly Americans and
the contributions for retirement they have already made.
On behalf of the 117,000 members of the National Alliance
of Senior Citizens, we are greatly heartened, Senator, by
your informed approach to eliminating federal budget
deficits.
Sincerely,
Peter J. Luciano,
Chief Executive Officer.
Mr. REID. Mr. President, among other things, the National Alliance of
Senior Citizens states that the Reid balanced budget amendment
recognizes key distinctions and, in doing so, helps protect the future
of elderly Americans and the contribution for retirement they have
already made.
We need the support of people on the other side of the aisle. It is
the right thing to do. This should not be a partisan issue. It should
be an issue that is handled on its merits.
I ask those on the other side of the aisle to join with me in passing
out of this body a balanced budget amendment that is prudent,
reasonable, and workable.
I reserve the remainder of my time.
The PRESIDING OFFICER (Mr. Bingaman). Who yields time? The Senator
from Illinois.
Mr. SIMON. Mr. President, just a comment or two in response to two
questions posed by Senator Bumpers earlier. In terms of Social
Security, the person who made the point that a balanced budget
amendment is the basic protection that is needed by the Social Security
system was the chief actuary for the Social Security System for 23
years.
I point out, second, that the Reid amendment Social Security portion
is fine for the surplus, but starting in the year 2024, Social Security
goes into a deficit. It provides absolutely no protection for anyone 35
years of age or younger. That is something to keep in mind.
In terms of people saying now the Simon amendment is dead, that is
probably the weakest argument I can think of for voting against an
amendment. The question should not be what its status is--and I am not
about to give up. I think the point made by Senator McCain is that we
just have to keep fighting this battle--but the question is on the
merits.
Finally, Senator Bumpers asked two questions because I had yielded to
Senator Specter and was not able to answer at the time. He says:
If Congress miscalculates revenues or spending and this
becomes apparent by the middle of the year and the budget
becomes or is about to become unbalanced and the Congress is
unable to muster 60 percent to waive, what happens?
Several things. First, we have to pass implementing legislation so we
have procedures. I would suggest that we aim for a 1-percent surplus.
Number two is we make clear in the committee report we will have to
have about a 2- or 3-percent leeway that can be shifted over to the
next fiscal year, and then we will adjust in that next fiscal year. I
think clearly that can be done.
Third, we are going to end up with estimates that are closer. I have
been on the Budget Committee either in the House or the Senate the
majority of my years. Some years--and I see my colleague from New
Mexico here--some years when we could not get an agreement, we just
changed the estimates and we ended up with unreal estimates. This is
going to force us to make some real estimates.
Then, finally, of course, you have the provision of 60 percent.
His second question:
Why does the Senator believe Congress would vote to balance
the budget and cut spending or raise taxes enough to
accomplish that when there is no mechanism to force such cuts
or revenue increases? We have no history of such courage to
indicate such actions will be taken and then assume again
that you cannot get 60 percent.
The reality is, a constitutional amendment does give us a little
political cover. That is the simple reality. Not only does it give us
political cover, but the people back home will say to us: ``How come
you voted for a balanced budget amendment and then did not follow
through?''
It gives us political cover to do some things that we have not had
the courage to do, and it forces us to do that.
I would say, finally, to Senator Bumpers, the choice is just to
continue drifting. What is his answer? What is the answer of those who
oppose this? David Broder's column this morning comments that there is
no alternative by those who oppose this. Do we just continue piling up
these deficits? I think we have to do better. This is an opportunity to
do better.
Mr. President, I yield 15 minutes to the Senator from New Mexico, Mr.
Domenici.
Mr. REID. Mr. President, parliamentary inquiry.
The PRESIDING OFFICER. The Senator will state his inquiry.
Mr. REID. Could the Chair indicate to the floor managers how much
time they have?
The PRESIDING OFFICER. The Senator from Nevada controls 33 minutes,
the Senator from Illinois controls 21 minutes, the Senator from West
Virginia controls 3 minutes, and the Senator from Utah, Mr. Hatch,
controls 1 minute.
Mr. REID. I thank the Chair.
The PRESIDING OFFICER. The Senator from New Mexico is recognized for
15 minutes.
Mr. DOMENICI. Mr. President, before my time runs, might I inquire of
Senator Simon, I do not understand what this time applies against, but
is 15 minutes too much of the time, so the Senator will not have too
much left?
Mr. SIMON. No, I am pleased to yield 15 minutes to the Senator.
Mr. DOMENICI. I thank the Senator.
Mr. President and fellow Senators, I do not choose tonight to speak
about the Simon-Craig balanced budget amendment, which is the
underlying amendment. I will try to do that tomorrow. I stated on
Friday that I was going to support that, and I will state my reasons in
some detail tomorrow.
Tonight I just choose to give an analysis of the Reid amendment, and
once again my very good friend from Nevada, Senator Reid, as he always
does, has come up with an interesting legislative proposal. But I do
not think anybody should assume that the Reid amendment strengthens the
budget process of the United States and moves us in any way, shape or
form toward a real balanced budget.
First of all, it makes the system more complex than it is today, and
it is plenty complex today. While it purports to deliver a balanced
budget, it lacks the enforcement tools to accomplish this result.
Now, the Reid amendment, as I indicated, is a very innovative and,
some might even say, an exciting way to legislate about a balanced
budget. I think it is an exciting way to avoid a constitutional
amendment which will direct and force a balanced budget. The Reid
amendment only requires ``operating funds'' Mr. President, in quotation
marks because that is in his bill, ``operating funds''--to be balanced.
The Reid amendment would exempt Social Security and capital
investments. So now we would have to monitor four budgets: the
operating budget deficit, the capital budget deficit, the Social
Security surplus or deficit budget, and, yes, the unified budget of the
United States, which everyone feels is what is really important for the
economic well-being of the country.
There is no generally accepted definition of operating funds, I say
to my friend from Illinois, no generally accepted definition. We are
now writing a new word into the budget language in the Constitution for
which we have no regularly accepted definition. There is no accepted
definition of a capital investment, and we are writing that into this
Constitution and saying capital investments are exempt from the
balanced budget rigor and vitality, and thus whatever you spend on
capital investment need not be offset because it does not count against
the budget deficit.
Very interesting. President Clinton's budget includes three different
displays of the capital budget, with deficits ranging from $46 billion
to $160 billion for the year 1995. Depending upon what it means, we
have a $46 billion operating budget submitted by the President, or a
$160 billion budget, and yet nobody has a real definition of what a
capital investment budget is.
With the Reid amendment, Congress would define its way out of the
deficit without cutting a thing. Just define capital budget
sufficiently broad to include all kinds of things that are close calls
and you will take off budget enough so you will come close to a
balanced budget in 6 or 7 years and you will not have cut anything.
In fact, I would interject here, my good friend Fritz Hollings at
lunch today was speaking about a capital budget, and instantly what
came to his mind was the notion about buying the Brooklyn Bridge, or
mortgaging it, or finding a way to acquire the Brooklyn Bridge.
Frankly, we are going to do one better with this constitutional
amendment because we can buy the Brooklyn Bridge with taxpayer dollars
and define it as capital investment and not worry about the effect on
the budget deficit. We have just acquired another capital asset, the
Brooklyn Bridge, for whatever it is worth.
If we go to OMB's definition of a Federal capital investment,
Congress could not reduce any ``capital'' programs, capital being in
quotation marks, to balance the operating budget.
To put this in a clearer light, the savings from over 100 of the
President's proposed 115 terminations are in capital programs and under
a capital budget could not be used to balance the budget. Or another
way, no one would want to because you can spend on capital items and
not count it against the deficit.
So the President, who went across the land bragging about $3.5
billion in outlays and many more in budget authority from these
terminations, more than 100 of those programs would be defined off the
budget from the standpoint of concern for balance because they would be
defined as part of a capital budget.
Now, Mr. President, neither the GAO [the Government Accounting
Office], or the CBO [the Congressional Budget Office], which very
recently entered a very interesting analysis of health reform. CBO is
the congressionally created independent entity that the President has
told us heretofore ought to be the one we all use to get the budget
numbers right. Both GAO and CBO argue that Congress should use the
unified budget concept, the basis found in the Simon-Craig amendment.
I do not know whether the Clinton administration supports this Reid
amendment or not. They do not support the underlying amendment. Let me
tell you, they have opposed a capital budget proposal that surfaced in
the House a year ago. And I assume it is because of some of the things
I have just said. The vagaries of a capital budget, actually, with
nothing else in the Reid amendment, just the vagaries of that, should
lead everybody to conclude it is not a balanced budget amendment. It is
a balanced budget as-defined-by-Congress amendment. But the question
is, does it add to the debt or not? Which, interestingly enough, is the
safeguard in the Simon-Craig amendment at a point in time you stop
increasing the debt held by the public. Is that not right, I ask the
Senator?
Mr. SIMON. Yes.
Mr. DOMENICI. Frankly, under the Reid amendment, capital budgets
would not have anything to do with deficits, but they would have a lot
to do with increasing the debt. If you spent $100 billion worth of
capital investments in a budget, which would not count, and you
balanced the rest of the budget, you would still be $100 billion in the
red and you would have to borrow to pay for these capital
investments, whether you called it a capital budget that you were
borrowing for, freeways and highways of America that you wanted to
borrow money for, or the Brooklyn Bridge that you wanted to buy, and
had to pay for.
While the proponents of this amendment claim that this will protect
Social Security, the Reid amendment does no such thing. It takes Social
Security off budget. Is that security for the Social Security budget? I
understand some of the groups that support seniors are all on board the
Reid amendment. It does not protect retirees' benefits one iota because
there is no protection against changing the beneficiaries. You can
increase what you paid to the beneficiaries and break the Social
Security trust fund. And nobody can do anything except say that is on
its own. Social Security would not be treated as part of the budget
deficit.
You could decrease the Social Security taxes, I say to my friend from
Illinois, under the rubric name of helping the economy, thus making the
off-budget Social Security trust fund less solvent.
Interestingly enough, Mr. President, today if you tried any of those
things, there is a wall. This is a firewall created by a budget
resolution that requires 60 votes, if you are going to in any way
change the receipts coming into the Social Security trust fund. That is
better protection than taking it off budget as is recommended here. As
a matter of fact, for those who want to really protect Social
Security--I say to my friend from Illinois--what we ought to do is make
the firewall which is now 60 votes part of the substantive law instead
of the budget resolution because we can change the budget resolution
with 50 votes.
What I wanted to do, and what I had great support for but could not
get it out of committee, was to go ahead and write into the Budget
Impoundment Act of the land that you could not change the receipts
flowing into the trust fund for Social Security without 60 votes. But
right now today the Social Security trust fund is protected more by a
budget resolution that is currently in effect than it would if you
adopt this constitutional amendment.
We do not need this exception to protect that fund. For those who
want to protect it, we will put the language in tomorrow, an amendment
to the Budget Impoundment Act that ought to be adopted like that if you
are worried about the Social Security trust fund. It will say you
cannot change it in any significant way--the expenditures or the
receipts of the Social Security trust, without a supermajority. That
will protect it. This will not. This will make it subject to a ``we
want to write in enabling legislation for the so-called balanced budget
constitutional amendment'' proposed by my good friend from Nevada,
Senator Reid.
As I indicated, the Social Security trust fund is more apt to be
raided if taken off budget as proposed by the Reid amendment. The
Social Security fund is more apt to be exposed to insolvency through
payroll tax cuts or beneficiary expansions since these proposals would
not affect the budget.
Is that not interesting? It would not affect the budget because the
budget is the operating budget, the Social Security is the Social
Security budget, and the capital improvements budget is the capital
improvements budget, the other three, except for operating, being
immune to the rigors of balance.
Besides being overly complex and endangering the Social Security
System, the pending amendment lacks the necessary enforcement tools and
is filled with loopholes. Unlike the Simon-Craig amendment which
requires 60 percent vote of each House to increase the debt limit, the
Reid amendment has no controls over the debt. But Social Security can
go up or down in its reserves, and it will not affect the operating
deficit. The capital budget does not even have to be paid for. Of
course we can write enabling legislation saying we have to. But
essentially, that is not what is intended in this amendment.
What is really intended is that the capital budget be in some way
managing capital over years instead of annually. And might I repeat
that neither the Congressional Budget Office nor the GAO recommend a
capital budget. They recommend a unified budget which is what is being
controlled in the Simon-Craig amendment.
The Reid amendment itself gives the Congressional Budget Office
director the authority to suspend the article in the event that CBO
projects economic growth of less than 1 percent for two consecutive
quarters.
Frankly, we write all kinds of things into the Constitution. But very
interesting, we are literally going to write into the Constitution of
the United States the Director of the Congressional Budget Office.
I believe if you want to do a recession-triggering mechanism, then
why not suggest it on the Simon-Craig amendment if that is what you
really want to do? You do not need to take everything off budget under
the Reid amendment. If you think it is in order to spend in deficit
during a recession which would be two consecutive quarters of no real
economic growth, which is a definition economists use, offer it here on
the floor as an amendment to Simon-Craig. I am not sure it will pass.
But you make the same point. You do not need to take everything off
budget to provide this flexibility in the operating budget.
Mr. SIMON. Mr. President, will my colleague yield on one question?
Mr. DOMENICI. Of course.
The PRESIDING OFFICER. The Chair would advise that the Senator's 15
minutes has expired.
Mr. SIMON. I yield 3 additional minutes to the Senator from New
Mexico.
The Senator pointed out one thing that frankly has not been
discussed. But in terms of the substance, I agree with the Senator
entirely. But the Senator mentioned that the amendment would include
the Congressional Budget Office in the Constitution. Do we include the
Secretary of State or Secretary of Defense or Secretary of any Cabinet
office in the U.S. Constitution? Does this make this something like the
Constitution of the State of Louisiana that is a thick book in terms of
all the details?
Mr. DOMENICI. No. We do not. I say to my friend, he asked that
knowingly. But I must tell you it is very interesting. Because the
question is even more than that. It is how do you get rid of the CBO
director? Whomever it is, it has to be a person. So write it into this
Constitution. Right now the Senate majority leader and the Speaker of
the House appoint the CBO director. He can be removed by the passage of
a simple resolution by either House. What are we going to provide? Are
we going to have a political way to get rid of them? Every 4 years are
we going to rotate this person? It is an invitation to politicize the
Congressional Budget Office, an arm of the Constitution. In terms of
balanced budgets, if you concluded that you wanted a recession trigger
in the proposal of the Senator of Illinois, you could include it in
implementing legislation in the proposal of the Senator from Illinois
as I understand if you want to write that kind of thing in.
Finally, the Reid amendment would weaken the Presidency. I will have
more to say tomorrow when I address the policy nature of the Simon-
Craig amendment that could invigorate the power of the Presidency in
enabling legislation. But this would weaken the Presidency, which I
doubt over the long run will help us achieve a balanced budget
amendment. In a sense, it is trivializing the Constitution by writing
specific exemptions, mandates, and authorities that are better left for
statute.
So in conclusion, it is clear to me that this is not an amendment
which will bring to the American people a point in time when we add no
more to the debt and call that a balanced budget which is precisely
where we ought to arrive at at some point in time, not adding to the
debt.
The Reid amendment will permit us to add to the debt in at least two
major ways, either by reducing reserves for the Social Security Trust
Fund, thus adding to the real debt, or putting capital improvements in
place which are not accountable for, which we do not have to pay for,
which you could add to the deficit regularly on that score.
Overall, I think it is far inferior to the amendment offered by
Senators Simon and Craig.
I yield the floor.
Mr. REID. Mr. President, I respond to my friend from New Mexico, for
whom I have affection and with whom I have enjoyed working in the years
I have been in Congress. There was a statement made about how we
monitor these four budgets. The fact of the matter is that we monitor
three of them now--the operating funds, Social Security, and the
unified budget, all of which is the capital aspect of the budget.
Also, there is no generally accepted definition of operating funds
nor capital investment. I suggest to my friend from New Mexico that the
fact of the matter is that for 40-odd years, we have been carrying this
in our accounting of the Federal budget. States have had decades and
decades of experience. There was a statement that you could buy the
Brooklyn Bridge and call it capital. Using that inversely, you could
use the Simon amendment and you could buy the Brooklyn Bridge and say
it does not add to the debt.
The fact of the matter is, I think Senator Hatch, on Thursday, talked
about how we as Members of Congress must handle this. The Senator from
Utah said that he did not feel there was a person in this body who was
not interested in living up to his oath of office. He went on to say:
I cannot imagine a Member of this body, if this resolution
passes both Houses of Congress, who would not take their
responsibilities very seriously. Furthermore, to say that by
putting their declaratory language in the amendment we are
preventing that is also to be construed as an insult to
Congress, because if we are obligated to meet the terms of
this constitutional amendment, that alone is enforcement, and
the ballot box is going to be even more enforcement.
We have to take the good faith of those supporting the Simon
amendment and those who support the Reid substitute. And I suggest
again, Mr. President, that those people who are supporting the Simon
amendment--about which there was acknowledgment on the floor today by
just about everybody that it is not going to pass. There should be a
general consensus that the Reid substitute should pass. It is something
that is reasonable. It treats the Federal Government like State
governments are treated. It is something that would have a significant
chance of passing in the other body. I believe that it is something
that is extremely important, and we should pass it.
I also suggest that if you look at what my friend from New Mexico has
said, that my amendment would not protect Social Security by taking it
off-budget. If that would not protect it, frankly, I do not know what
would. In fact, I would like to read a quote from both the minority
leader and Senator Domenici, statements that they made following the
CBO, coming out with a criticism, a critique of the President's health
care program. This, Mr. President, is on the independence of CBO coming
from my friend from New Mexico and my friend from Kansas, the minority
leader.
Senator Dole said:
I congratulate the CBO Director, Mr. Reischauer, because I
think they did put together a very objective and a
comprehensive analysis under very difficult circumstances.
My friend Senator Domenici said:
I rise today, I say to the Senate and my fellow Senators,
to congratulate a very, very courageous employee of the
United States Government, the Director of the Congressional
Budget Office, Dr. Reischauer. Frankly, he has been under
enormous pressure and did the right thing.
If taking Social Security off-budget, I repeat, would not work, what
would? My friend from New Mexico voted in 1990 with 97 other Senators--
this Senator included, and the senior Senator from Illinois included--
to take Social Security off-budget. It was 98-2. Today, there is a 60-
vote firewall protecting Social Security. The fact of the matter is
that we all recognize that. There is no intention of repealing that.
So for these and other reasons, I think that my friend from New
Mexico and other Members in the other body, over the night, during the
night, in the morning, I ask that they strongly consider supporting the
Reid amendment, because if anybody wants a balanced budget amendment
out of the U.S. Senate this year, they should support the Reid
amendment. The Simon amendment will not pass. It does not have the
votes.
I know that my friend from Idaho has stated, as the AP reported, that
the Republicans are not going to support the Reid substitute. That is
too bad. This should not be a partisan issue. The Reid substitute is
going to be comparable to what is going to come out of the House of
Representatives. I think this would be a dramatic step forward if the
Senate would pass the Reid substitute, send it to the House, then this
year--not next year, or the year after that, or the year after that,
but this year--we would have a balanced budget amendment, one that
treats the United States Government like State governments, where they
balance their budgets, one that protects the Social Security trust
fund, and they are totally sufficient and adequate to take us for the
next 75 years--three-quarters of a century. I think we should protect
those moneys, because we have an obligation to the people who paid into
that.
Mr. DOMENICI. Will the Senator yield for a question?
Mr. REID. We have made an agreement and there is not a lot of time
left, but I know the Senator asks short questions. I will take a short
question.
Mr. DOMENICI. The Senator mentioned in his remarks--and I think he
made a very good argument in rebuttal, but I do not agree, as he
understands. But I think the Senator always, in rebutting arguments on
the other side, does it in a very excellent way, and I commend him for
it. The Senator mentioned that under the Simon-Craig amendment, this
Brooklyn Bridge could be off budget, too. In 1982, when this balanced
budget was working its way through, it did not have the debt limit on
it yet. We did that afterward. But a simple word was inserted by the
then Senator Chiles from Florida and Senator Domenici from New Mexico,
and I think it is in there, where you refer to outlays and receipts. It
says ``total'' outlays and receipts. Heretofore, it just said
``receipts and outlays.'' The history of the word ``total'' is that you
cannot exclude any outlays or receipts, as you have indicated. They are
going to be counted anyway, and whether you include them or not, they
end up adding to the deficit, which adds to the debt. So you cannot
exclude anything. I wonder if the Senator was aware of the word
``total'' in there when he made his remarks?
Mr. REID. The problem, I say to my friend is--using the Brooklyn
Bridge as an argument--if in fact we did not want to live up to what
Senator Hatch said was our constitutional obligation and duty--and I
take for granted we would all try to do that. But assuming that we did
not, there would be no reason that you could not have a law that would
require some private entity to buy the Brooklyn Bridge and work out
some arrangement with the Federal Government.
So we have to rely on the good faith of those constitutional
officers, which we are, to follow what is the law. I mentioned earlier
today that the Reid amendment, I believe, will have all the teeth that
the Simon amendment has. Both amendments rely on future Congresses to
abide by their oaths, to uphold the Constitution. The Simon amendment
relies on future Congresses to define the new term limit on the debt of
the United States held by the public.
The term is nowhere defined in the law now. The debt limit is defined
in title 31, section 3101 of the United States Code. It is an entirely
different concept.
What prevents the use of creative accounting to define the new limit?
What prevents the Congress from defining certain types of borrowing out
of the new limit?
The answer is the sworn duty of Senators and Congressmen to uphold
the Constitution is what would protect that.
The answer is the same for my amendment.
I suggest to my friend from Illinois that Senator Levin wishes to
speak. I see the Senator from New Mexico rising.
Mr. DOMENICI. I thank the Senator, and I understand his remarks. I
understand we will give a response on enabling legislation.
I thank the Senator very much.
Mr. REID. How much time does the Senator from Illinois have?
The PRESIDING OFFICER. The Senator from Illinois has 3 minutes
remaining.
Mr. REID. It is my understanding the Senator will yield 3 minutes.
Mr. SIMON. I yield 3 minutes and my colleague from Nevada will yield
7 minutes.
Let me add that I am going to have to leave here no later than 7
o'clock. I would hope we could get a time agreement for tomorrow
morning and I think whatever the time agreement is prior to the Reid
amendment it should be divided four ways. I think our colleague from
Nevada would agree to that.
Mr. REID. Yes, except for a half hour in the afternoon from 2:30 to
3. The Senator and I will divide that.
Mr. SIMON. In the afternoon it is a little different.
Mr. REID. Of course.
Mr. SIMON. It depends on what happens to the Reid amendment.
Mr. REID. I am talking about between 2:30 and 3 when we finish the
conference. I am out of the picture after that perhaps.
Mr. SIMON. All right.
Mr. REID. As soon as Senator Levin starts talking maybe we can get
together to work something out.
Mr. SIMON. I hope to do that.
I yield to the Senator from Michigan.
The PRESIDING OFFICER. The Senator from Michigan is recognized for 10
minutes, 3 minutes yielded by the Senator from Illinois and 7 minutes
yielded by the Senator from Nevada.
Mr. LEVIN. Mr. President, first, I thank the Senators from Illinois
and Nevada. They are courteous.
I oppose the amendment of the Senator from Illinois. He is still
allowing those who oppose the amendment his time and where he has
surplus time to raise our point. It is most appreciated.
I worked with the Senator from Illinois back in 1986 to try to use
some of the new revenues that were coming from tax reform for deficit
reduction. He may remember that there were very few votes in this
Chamber for that use of those revenues. We were right then and working
together then on deficit reduction.
I believe the current amendment of the Senator is a mistake. I spoke
last week on it. I feel either it will give the minority too much power
or, what is more likely, in my view, is that loopholes in the amendment
will be used to evade what its intent is, and one of those loopholes is
the fact that estimates can be used under section 6. He has addressed
that issue.
The Senator from Illinois has indicated that there is a backup to the
misuse of those estimates, that if rosy scenarios were used, as they
were in the eighties, to create fictitious surpluses or to show that
there will be no deficits that as a matter of fact then you have the
backup of a debt limit which then must be voted by 60 percent of the
Senate to be increased.
But very quickly let me say how easy it is to evade it. The head of
the budget office, Robert Reischauer, said:
Probably the most important difficulty with the balanced
budget amendment rule is that it offers many opportunities
for avoidance or evasion. One way to evade the balanced
budget constraints might be to base the budget on overly
optimistic economic and technical assumptions.
That is the CBO head who is talking. I think he is absolutely right.
The argument that my friend from Illinois uses is that there are some
teeth that he has in this amendment to stop that, and the teeth is this
requirement that there be 60 votes to raise the limit on the debt held
by the public.
At one point I think he called that the muscle against overly
optimistic assumptions, against rosy estimates. I do not believe it is
a realistic hammer at all.
As a matter of fact, I think that the suggestion that we might not
raise the debt limit to pay our debts is a suggestion which has no
basis in our history. We are going to pay our debts. We have proven it
over and over again. So it is not teeth that is in the amendment.
This is a nuclear weapon that the Senator from Illinois has suggested
would be used to enforce the balanced budget amendment.
I ask the unanimous consent here that a letter from the Secretary of
the Treasury, then-Secretary James Baker, be printed in the Record at
this point.
There being no objection, the editorial was ordered to be printed in
the Record, as follows:
The Secretary of the Treasury,
Washington, July 8, 1987.
Hon. Lloyd Bentsen,
Chairman, Committee on Finance, U.S. Senate, Washington, DC.
Dear Lloyd. I am writing to request that the Congress act
by July 17 on legislation to extend the debt ceiling. The
temporary debt limit enacted May 15 expires at midnight on
July 17. The ceiling then reverts to the $2.1 trillion
permanent ceiling--about $195 billion below the amount of
debt that we estimate will be outstanding.
The Congress enacted only a two-month extension of the
temporary debt limit in May to assure that there would be no
other choice but to revisit the debt limit in mid-July.
Enactment of a debt limit extension by July 17 is crucial to
prevent disruptions in Treasury debt management that would
begin immediately. As described below, in the absence of
timely Congressional action the Government could well default
on its obligations on July 30, and almost certainly will do
so on July 31.
The following actions must be taken if the Congress delays
enactment of a debt limit increase. On July 17, we would have
to (1) notify the 44,000 savings bond issuing agents not to
sell any more bonds and (2) notify the Federal Reserve Banks
to stop issuing State and local government series (SLGS)
Treasury securities. Interruption in the availability of SLGS
will result in lost interest earnings and interest arbitrage
rebate problems for municipal entities. Furthermore, Treasury
will be unable to invest or roll over maturing investments of
trust funds and other Government accounts. For many of these
accounts, Congressional action will be required if any
resultant losses of investment income are to be restored.
Disruptions in Treasury's normal market financing will
begin on July 20 with the postponement of the weekly bill
auction. On July 23, $13.7 billion maturing bills will have
to be redeemed in full. We will notify the thousands of
smaller investors who use the Treasury book-entry system that
they may receive a check instead of their requested
reinvestment of the redemption proceeds in new bills. This
will be done so that they can plan alternative investments.
Smaller investors in book-entry Treasury bills maturing July
30 would also have to be notified, with the additional
warning that the checks may not be honored on July 30.
The Treasury may well not have enough cash to pay off $13.7
billion of maturing weekly bills on July 30. Even if the
Treasury managed to get through July 30, our balance would be
perilously small and we would almost certainly run out of
cash the next day. On July 31, in addition to defaulting on
$10.2 billion of maturing marketable Treasury notes, the
United States would not be able to honor $2.1 billion of
benefit payments to veterans and supplemental security income
beneficiaries. Further, on August 3, $17.1 billion of social
security benefit payments could not be honored, nor could
$4.2 billion of benefit payments to railroad, military and
civil service retirees.
I should stress that defaulting on already outstanding,
validly incurred obligations has far graver effects than
halting operations of the Government when spending authority
is allowed to lapse, such as when there is a delay in action
on appropriations. A failure to pay what is already due will
cause certain and serious harm to our credit, financial
markets and our citizens, it is not remotely similar to a
lapse in authority to incur new obligations.
I urge you to seek cooperation of your colleagues and to
act quickly on a debt limit increase in order to prevent
unnecessary problems and later default on the Government's
obligations. We are requesting an increase in the current
debt ceiling to: (a) $2,800 billion, an amount sufficient to
get through May 1989, and avoid the burden of dealing with
this time-consuming issue in the midst of election year
schedules; or (b) $2,578 billion, the amount estimated in the
President's Budget to be necessary for FY 1988.
I cannot overemphasize the damage that would be done to the
United States' credit standing in the world if the Government
were to default on its obligations, nor the unprecedented and
catastrophic repercussions that would ensue. Market chaos,
financial institution failures, higher interest rates, flight
from the dollar and loss of confidence in the certainty of
all United States Government obligations would produce a
global economic and financial calamity. Future generations of
Americans would have to pay dearly for this grave breach of a
200-year old trust.
Sincerely,
James A. Baker III.
Mr. LEVIN. Let me read just the last paragraph in his letter in the
July 31, 1987 Congressional Record, when it was suggested we should not
raise the debt limit.
I cannot overemphasize the damage that would be done to the
United States' credit standing in the world if the Government
were to default on its obligations, nor the unprecedented and
catastrophic repercussions that would ensue. Market chaos,
financial institution failures, higher interest rates, flight
from the dollar and loss of confidence in the certain of all
U.S. Government obligations would produce a global economic
and financial calamity.
So I think that the suggestion that there is this backup here to
enforce the provision in the Simon amendment that outlays must equal
revenues is a suggestion which is not based on any realistic assessment
of what is doable. We cannot refuse to pay our debts or it will be a
national and international calamity. Yet that is what the Senator from
Illinois seems to me is suggesting as the way to avoid the rosy
scenario from becoming operative under his amendment, which again does
permit the use of estimates.
Now, in his answer to the argument that the minority would be allowed
too much power and that there is somehow or other a straitjacket in
this amendment, my good friend, my dear friend from Illinois says the
following: That 60 percent of us could vote to have an unbalanced
budget. That is basically the flexibility which is in this amendment.
My question really to him is this. If 60 of us voted under his
amendment for an unbalanced budget, would that be in accord with the
Constitution?
Mr. SIMON. The answer is that it would, and that is why we have that
flexibility. We do not go as far as Thomas Jefferson wanted to go. He
wanted to absolutely prohibit any Federal Government borrowing.
Mr. LEVIN. I think this is a very important point, against the
argument that somehow or other that fealty to the Constitution down the
road will prevent us from voting for an unbalanced budget, since the
provision itself provides that one can be loyal to the Constitution
after this passes and still vote for an unbalanced budget.
Mr. SIMON. The answer is that we could, but the argument that my
colleague from Michigan makes is precisely the opposite of the argument
that we have been hearing over and over and over again on the floor.
Some of my colleagues say this is too tough. My colleague from
Michigan says it is too easy. I think the reality is it is sensible.
Mr. LEVIN. I think both sides actually on this debate are using
alternative arguments. I think supporters of the constitutional
amendment are saying this is real teeth, real muscle; on the other
hand, it is flexible.
By the way, as I read the Senator's section in his constitutional
amendment it has no restrictions on the use of 60 votes. He does not
have a provision in here that is only in case of emergency or only in
case of disaster. It is simply a 60-vote requirement. Is that correct?
Mr. SIMON. A 60-vote requirement, and that is tougher than where we
are right now.
Mr. LEVIN. My point is when some of the proponents of this
constitutional amendment argue that somehow or other we will not use
the provisions of this Constitution, those who want to have an
unbalanced budget will not fully use the loopholes or fully use the
provisions of the Constitution, what the proponents of the amendment of
the Senator from Illinois ignore is one can be loyal to the
Constitution under his amendment and vote for an unbalanced budget.
Mr. SIMON. The answer is we will occasionally do so, and for those
who say what about a recession, since 1962 we have had 11 stimulus
packages pass the U.S. Senate. All of them passed with more than 60
votes.
Mr. LEVIN. So when the Baltimore Sun wrote in its editorial that was
very strongly in opposition in this amendment because it believes that
Congress will slip and slide--I think those are the words of the
editorial--that Congress will slip and slide under this amendment to do
what it always has done, I believe it has good reason to reach that
conclusion.
This amendment presents the legislators a chance to propose
procedures for cutting the deficit while offering them ample
opportunity to slip and slide away when it comes to actually raising
taxes or cutting spending.
I have one other question to my friend from Illinois. The requirement
in this amendment is that the President submit a balanced budget to the
Congress. It does not have a date in that language as the Reid
amendment does, by the way. But my question is this: Is there any
prohibition in his amendment against the President submitting two
budgets, one a balanced budget and, second, an unbalanced budget with a
suggestion to Congress that 60 percent of the Congress vote for the
unbalanced budget?
Mr. SIMON. Absolutely not. And the argument that we are taking away
Presidential prerogative is not valid.
The President has the obligation to submit a balanced budget. But the
President may very well say, because of circumstances, we are in a
recession or whatever the circumstances, that he recommends that there
be this movement away from it. But it is tougher.
I say to my friend from Michigan, on this argument as well as the
previous argument, when you say we are going to slip and slide, it may
be that we will get into the habit of going over 60 votes, but it is
better than drifting the way we are right now. And what is the
alternative? I have not heard the alternative.
Mr. LEVIN. Mr. President, putting into the Constitution language
which is full of loopholes is not an improvement on the current
situation. Quite the opposite.
It will lead the public into believing we are doing something when we
are not. In doing that, it will lead the public to new depths of
cynicism. It will take Congress and the President off the hook until
2002. That will give Congress and the President 7 years more for
excuses not to act. They will act on the illusion that the amendment
will somehow do it for us.
This amendment will, as a result, do damage during the next 7 years
with great uncertainty as to what will happen thereafter.
There is no substitute for the exercise of will now to cut the
deficit.
Putting off the fateful day until 2002, and then being uncertain as
to whether there will be any deficit reduction is not the exercise of
will. It is a copout in the name of the Constitution.
Our Constitution deserves better. Our people deserve better.
Under the Simon amendment, Members of Congress voting for an
unbalanced budget will be upholding the Constitution, just as those
voting against an unbalanced budget.
So the argument that the oath to uphold the Constitution is the true
enforcing mechanism is misplaced. That leaves the language of the
amendment as an unenforceable hope. No court can enforce it by the
amendment's own terms. And Members of Congress will be true to their
oath by the terms of the amendment, whether they vote for a balanced or
unbalanced budget.
Amendments to the Constitution should be enforceable. This one is not
and I cannot support it.
The PRESIDING OFFICER. The Chair would advise the Senator from
Michigan that his 10 minutes has expired.
Mr. LEVIN. I thank my friend from Nevada and I thank my friend from
Illinois.
Mr. REID addressed the Chair.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Mr. President, I yield the remainder of my time to the
Senator from Massachusetts.
I understand the time of Senator Simon has expired.
Mr. SIMON. I was hoping we could work out a time agreement before
tomorrow morning.
Mr. REID. I have met with policy staff and I told them what I thought
we had agreed on, with the exception of Senator Byrd--I was not able to
clear that with Senator Byrd. Senator Simon and Senator Hatch and I
will come in at 9 and go until a quarter to 1, until the conference
starts, and have the time equally divided on the amendment, and time
from 2:30 to 3:00, that block of time, will be divided 15 minutes to
Senator Simon and 15 minutes to me.
Mr. SIMON. That is perfectly acceptable.
The PRESIDING OFFICER (Mr. Levin). The Senator from Massachusetts is
recognized.
Mr. KERRY. Mr. President, I support balancing the budget. I have come
to the floor of this Senate again and again to offer proposals to cut
waste out of the budget. I am ready to cut further--ready to raise some
revenue if necessary--and ready to reform our entitlement programs. As
far as I am concerned everything is on the table and I would be happy
if we voted today on a specific plan to eliminate the deficit.
I support balancing the budget and I voted previously to do so with
Gramm-Rudman-Hollings. During the last few days, I decided to revisit
the issue of an amendment to the Constitution as a means of leveraging
the responsibility we seek. I wanted to determine if I was missing
something in the argument--if there was perhaps some constitutional
basis for moving in this direction. I wanted to test again whether my
opposition in the past was reasonable or not.
I have spent some time in the past days reviewing my thinking,
rereading some early American documents, testing my thinking against
other's.
As much as I would like to see us balance the budget, I find this
amendment wanting and I will oppose it.
I oppose the amendment because it merely sets a goal, but does
nothing to reach it or to enforce a process of reaching it.
I oppose the amendment because the process it creates is far more
likely in the long run to injure our economy than to help it and to
cost jobs than to create them.
I oppose the amendment because by pushing the date for reckoning
further into the future, the proposal will allow this body to avoid
taking meaningful steps now in favor of delay and political expediency.
And I oppose the amendment because legitimate examination makes it
clear that it undermines the intentions of the Founding Fathers and
does damage to the principal of majority rule.
Recent events around the world remind us of how terribly precious and
delicate democracies can be. They take so much effort and time to
create, and yet they are vulnerable to sudden and complete devastation.
We are now contemplating a change to the document that founded our
democracy. Our Constitution is not only the description of our
Government, but the inspiration and blueprint for every democracy and
future democracy in the world. Amending the Constitution is the most
serious undertaking this Congress can consider. It cannot be taken
lightly. We have amended the Constitution only 17 times since the Bill
of Rights, 203 years ago. Every extant amendment serves to clarify the
rights of our citizens, or to alter the very structure of the branches
of our Government. Only once in the entire history of our Nation have
we done what the proponents of this amendment ask us to do, to enshrine
a mere policy decision in the Constitution. That was when we began
Prohibition, and the amendment failed so unconditionally that we needed
another amendment to eliminate its effect. Yet, staring at the face of
this record, proponents of the balanced budget amendment seek to drag
us backward in history toward the certain disaster of a policy-based
amendment.
A constitutional amendment is not just politics as usual, it is not
just another vote on the floor of the U.S. Senate, it is not a decision
we can make with a best guess as to its implications and repercussions.
We should not change the U.S. Constitution without a near-complete
certainty of the consequences of our actions.
Some on the other side argue that it is precisely because of this
gravity that this step must be taken. Only the weight of a
constitutional amendment would force us to take steps to finally
balance the budget. This argument sounds great, and indeed, it has
seduced the votes of some in this Chamber and the support of many
outside it.
But this attempt to legitimize the measure fails to withstand
scrutiny. Why--because this proposed amendment includes last-minute
changes that prohibit courts from enforcing it. Of what severity is a
constitutional amendment that can't be enforced by the courts? If
gravity is what we are looking for, if a Constitution-level mandate is
needed, then we need an enforceable and immediately effective balanced
budget plan, not this amendment.
The amendment provides further evidence of its inappropriateness in
its inclusion of an escape from the requirement of a balanced budget if
a supermajority votes to allow it. This escape is an admission that the
balanced budget obligation is not enduring, but conditional. It is an
implicit admission that the economic decision to balance a budget or to
run a deficit is a political judgment of the moment. This loophole
subjects the amendment to perpetual tests of its appropriateness under
contemporary conditions and undermines any claims to the absoluteness
which applies to every other amendment to our Constitution.
I am prepared to vote today, tomorrow, next month, or as soon as
possible, on a plan to balance the budget, and I am prepared to live by
the majority vote of this body--51 votes. It is clear, however, through
the actions of some of our colleagues, that they are not willing to
abide by such a vote. They do not want certain results, and they are
specifically seeking to install in the Constitution the right of a
minority to preclude outcomes of which they disapprove. Nothing that
exists in the Constitution nor any expressed intent of the Framers
suggests that this is appropriate or good for America. To the contrary,
everything written and everything argued during the tumultuous years of
constitutional creation and evolution make clear that this was
precisely the kind of tyranny the Framers sought to avoid.
Yet by passing this amendment we would, in one fell swoop, reverse
200 years of protections of majority rule, first by requiring a three-
fifths vote in each House to allow deficit spending, and second, by
requiring a majority vote of all sitting Members--not even those
present and voting--of each House to increase revenues. Whenever a
supermajority is required, the minority is given control.
The question of whether sufficient cause exists to have a 1-year
deficit should not be subject to the control of a minority. The Framers
of the Constitution expressed their intent with utter clarity by
permitting the minority such power in only three incredibly important
areas. A supermajority is constitutionally required only for the
ratification of treaties, the override of a veto, and for impeachment.
As much as we might fervently hope for or want a balanced budget, we
must not permanently damage the democratic system of majoritarian rule
by imposing supermajority requirements in new and unnecessary areas.
In the Federalist Papers, Madison calls majority rule ``the
fundamental principle of free government,'' which would be ``reversed''
if legislative ``power would be transferred to the minority.''
I respectfully submit, Mr. President, that we do not need new
opportunities for gridlock. We have enough already.
Today, 41 Senators can already prevent this body from voting on a
measure that the majority favors. It was the minority that prevented
this body from voting on President Clinton's stimulus package in the
midst of a recession. It was the minority, while violent crimes soared
out of control, that prevented the passage of the Brady bill until last
year. In recent years, as they have grown more frustrated being in the
minority, Republican Senators have grown more and more willing to use
the Senate's rules to prevent action on items favored by the majority.
The number of filibusters has increased dramatically in recent years.
Until 1986, the filibuster was used rarely--no more than three times
per year on average. From 1987 to 1992, it was used 19 times per year
on average.
Make no mistake about it. If we make it easier for the minority party
to block the will of most of the people, the minority party--whichever
party that happens to be--will use that power. I respectfully submit,
Mr. President, that we do not need new constitutional opportunities for
gridlock. We have enough already.
Mr. President, to understand the danger we are facing, imagine a time
after the budget has been balanced when the economy is in a deep
recession. The President decides that we need to create a small deficit
in order to jump-start the economy. This is the solution Keynes
proposed to get the Nation out of the Great Depression. It is what we
are currently prescribing for the Japanese economy to get it out of its
recession. Yet 41 Senators--fundamentally opposed to deficits, or
simply moved by political considerations to frustrate the party in
power--could eliminate this option.
If the recession caused tax receipts to decline and entitlement
expenditures to increase--as usually happens in a recession--these few
Senators could force draconian spending cuts by banding together with
nine others who are opposed to tax increases. In this case, if Congress
was unable to form the simple majorities to cut expenditures in the
midst of a recession, the situation would be thrown into the courts and
the Nation would be launched into a constitutional crisis.
According to Charles Fried, Solicitor General under Ronald Reagan,
the balanced budget amendment
Would just make it that much harder to govern, giving those
who want to put obstacles in the way of Government new
opportunities for obstruction.
Fried goes on to state that,
People choose a President and Congress to govern. If they
govern badly they should be thrown out, not provided with
excuses. It is simple enough, and this is what majority rule
is about. Our safeguard is the responsibility of the
legislators and the wrath of the people if the legislators
betray them. Everything else is a gimmick.
The real tragedy of this proposal is just that. It is a gimmick. In
return for altering our Constitution, our Nation would get nothing. The
amendment would not in itself ever lead to a balanced budget. If we
pass this constitutional amendment, nothing will happen this year. Or
next year. Most likely, this amendment to the Constitution would not
take effect until after President Clinton is constitutionally
prohibited from serving a third term: The year 2001.
Why are we proposing do-nothing constitutional amendments when, after
12 years of Congress hiding its head in the sand, it is finally
beginning to deal with some real issues? Perhaps because making choices
is a difficult business, and for many the urge is still strong to look
for something that makes it seem like more is happening than really is.
When Carter came to town, the magic want was the fact that after all
the lies of Watergate, we would have a President we could trust. But
truth was not enough, as Carter eventually found out. Mere recognition
of the truth did not produce a President and a Congress willing to make
hard choices.
When Reagan came to town in 1980, the magic wand was supply side
economics: Lower taxes would generate so much economic activity that
the budget would be balanced by 1983. Instead, we had a budget deficit
of $207 billion in 1983, which was three times larger than President
Carter's worst year. In 8 years, Ronald Reagan's magic wand had
concocted over $1.3 trillion in new Federal budget deficits. George
Bush--unable to make any different choices about the Federal budget
than Ronald Reagan--added another trillion on top of that in just 4
years.
In 1985, a group of legislators joined together behind a 5-year plan
to end the deficits. It was called Gramm-Rudman-Hollings, and it was a
tough plan to break us of our addiction to deficits by 1990. But still
too many in Government--most notably the President himself--were not
ready to face the music of Gramm-Rudman. They wanted another magic wand
instead.
So Gramm-Rudman's targets were revised, and key spending areas were
excluded from it. By the time we got to 1990, and the Andrews Air Force
Base budget agreement, we had abandoned Gramm-Rudman entirely, and put
into place a new magic wand--a budget agreement with separate walls for
military and domestic spending, and which excluded hundreds of billions
of dollars in Federal spending entirely--the S&L and bank bailouts.
This magic wand, the Andrews Air Force budget agreement, never worked
as anything other than a temporary straitjacket. That agreement left
us--and President Bush, whose presidency it helped destroy--bound and
hobbled, barely able to move, forbidden to make different choices than
those it imposed, regardless of whether cities went up in smoke or
children failed to be educated or streets became unsafe or people could
not find jobs.
When President Clinton came to town, he could have replaced that
magic wand with yet another. For the most part, he did not. He proposed
real spending cuts and a real tax increase as part of a $500 billion
deficit reduction plan. I believe, and said so at the time, that the
plan should have been tougher--spending cuts should have been greater,
and the biggest piece of deficit reduction, health care, was left for
later. But the plan reflected real choices. And it hurt. And because it
hurt, it was politically unpopular.
But as a result, the deficit is finally going down--in a way it could
not have when we were simply waving magic wands and chanting
incantations. The deficit is now projected to decline for 3 years in a
row--something it has not done since Harry Truman was in office.
President Clinton has shown we do not need an amendment. We need the
will to make choices.
How ironic then, that the proponents of the balanced budget amendment
have chosen this moment to push for their version of the magic wand.
I guess the reason should not be a mystery. If we want to continue
reducing the deficit, the next step we must take is to overhaul our
entitlement programs. We must begin with health care reform and not
stop until we have examined Social Security. It is little wonder that
no one wants to take on these politically poisonous tasks.
So they are pressing us to adopt another magic wand to end the
Federal budget crisis--this time, a constitutional amendment that will
do nothing to balance the budget in 1994, 1995, or 1996, and which
could take 6 years in all to go into effect, if ever.
It is like what the Duchess told Alice in Wonderland about the
meaning of having jam ``every other day.'' Every other day meant you
could have jam yesterday or jam tomorrow, but never jam today.
Instead of unbalancing the Constitution, let us vote on a plan that
will balance the budget. Rather than waiting 4 or 5 years to take
action on the budget, let us exert some discipline now.
I came to the floor last month with an amendment to cut the Federal
budget by $45 billion. I lost on that vote, just as Dale Bumpers has
lost the many budget cutting amendments he has filed over the years,
until he finally terminated the supercollider project last year. I lost
in part because, for many Members, it is easier to vote for a balanced
budget in the distant future than even small budget cuts today.
They reminded me of St. Augustine's prayer, ``Give me chastity and
continence, oh God, but please do not give them yet.''
For a full week now, the U.S. Senate has debated a constitutional
amendment to require a balanced budget. We have held countless hours of
hearings. Editorial writers have penned dozens, perhaps hundreds, of
articles arguing the pros and cons of this amendment. Scholars have
written papers. Interest groups have mobilized.
If only this energy had gone into balancing the budget.
Mr. President, if the Senate and this town had as much will as
rhetoric, we could have focused all this time and energy on developing
a real plan to eliminate the deficit.
In the final analysis, we do not need an amendment, we need to summon
the will to just do it. We need to stop posturing, roll up our sleeves,
and get down to the dirty work of making the tough choices that we were
sent here to make.
Americans are not fooled for a moment by this debate over what color
fig leaf we use to cover up our own lack of will. They know better.
Walter Lippman wrote in 1932 in times far harder than these that,
Politicians continue to think that the way to please and to
reassure the people is to pat them gently and feed them pap.
The(y) are wrong. They do not understand the human animal.
They have forgotten that in the carnal nature of man there
are chords of fortitude and heroism which, when they are
struck, vibrate with an unaccountable energy. How else
explain the great periods of history that punctuate the drab
and flat routine of existence, except by the fact that when
they must, men can rise so far above themselves that they
hardly know themselves?
It has been a generation or more since we Americans last came
together to do great things; a generation or more since our inner
resources of decency and strength were mobilized in a cause broader and
more far-reaching than narrow self-interest; a generation or more since
we were asked to put aside the petty bickering of partisanship and
division and focus instead on what we Americans together can achieve.
We are the people who tamed a continent, built the mightiest
industrial engine the world has ever known, brought Hitler to his knees
and won the cold war--there is not a problem we face today that we
cannot solve.
But there is not a problem we will solve if we remain unwilling to
make tough choices and to face the truth.
It is reality time, Mr. President.
Time to end the fantasies and phony debates.
Time to stop patronizing our citizens and start challenging them.
Time to understand that it is only when we are honest with ourselves
that we are able to draw fully on the profound strengths of character
that lie deep within our people, and that whenever we have been able to
do that, we have never failed--and I believe will never fail--to
accomplish our goal.
Mr. President, it has been a generation or more since as Americans we
really came together to do what we might consider great things, a
generation or more since our inner resources or personal resources of
decency and of strength were brought together and mobilized in a cause
that reaches more than narrow self-interest.
It has been a generation or more since we were asked to put aside the
petty bickering of partisanship which has characterized so much of what
happens here and instead focus on what Americans together can achieve.
We ought to think about that because we are the people who tamed a
continent. We are the people who built the mightiest industrial engine
that the world has ever known. We brought Hitler to his knees, and we
won the cold war. There is not a problem we face today that we could
not solve if we were willing to summon the will to undertake it.
There is no problem that will be solved because of words put on a
piece of paper. There is not a problem we will solve if we remain
unwilling to make tough choices and to face the truth.
So I respectfully suggest to my colleagues who are sincere in wanting
to balance the budget but not really facing up and doing it, it is
reality time. It is time we ought to stop patronizing our citizens and
we ought to start challenging ourselves and them to join together in
making those hard choices. It is time to understand that it is only
when we are honest with ourselves that we are able to draw fully on the
strengths of character which lie deep within our people and whenever we
have been able to do that we have not failed. I believe we will not
fail if we do that.
Mr. President, everything should be on the table. We should be
willing to bring to this floor a vote on a combination of raising
revenue and making cuts or just making cuts or doing that and finding
other areas for revenue than we thought of previously, or both, or a
combination. But we should do it. It does not take an amendment to the
Constitution without enforcement mechanism, that does not go into
effect to the next century to do anything except fool the American
people.
I thank the Chair for his patience.
Mr. D'AMATO. Mr. President, I rise today to support Senate Joint
Resolution 41, the proposed amendment to the Constitution of the United
States requiring a balanced budget.
Mr. President, deficit spending is truly out of control. By running
huge deficits, we are robbing and bankrupting our children and our
children's children to perpetuate our wasteful spending. Indeed, the
people who are really going to get hurt without this amendment are
either too young to vote or have simply not yet been born.
The President's own budget proposal, in a section entitled
``Analytical Perspectives,'' says that future generations of Americans
will face a staggering 82 percent lifetime net tax rate assuming no
change in the status quo. This same budget also estimates that the
total debt will rise almost $1 trillion in the next 5 years alone. We
have got to get this runaway spending under control now, not later. We
cannot afford to wait any longer.
Mr. President, the gross interest on the debt today exceeds $290
billion, a figure higher than the entire Federal budget just 20 years
ago. To make these figures more understandable: We now spend more than
$800 million a day in interest on the debt; $800 million a day.
Interest payments as a percentage of the budget have doubled just since
1970 from 7 to 14 percent. In addition, nearly 20 percent of our
interest payments are sent overseas to foreign investors. In 1993, the
treasury sent $41 billion overseas in interest payments.
The numbers don't stop there. Do most of my colleagues realize that
the Government has spent more than it has taken in for 55 of the last
63 years? Or that we last had a balanced budget in 1969?
The average family in New York now spends $2,300 a year just to pay
off the debt interest. Eventually, this excessive spending will catch
up to us. The American people can no longer tolerate inaction or
stalemate when it comes to reducing the deficit. It is a fundamental
responsibility of every American taxpayer to pay his or her own bills.
As many of us know, this is not an easy task. Expenses of hard-working,
middle-class families can easily outpace income. As the costs of health
care, education, housing, and basic needs gradually increase, so too
does the difficulty of paying those bills.
But the American people find a way. When needs arise, they tighten
their belts. They exercise fiscal constraint. They spend their money
wisely. There has been a lot of needless rhetoric about what the
balanced budget amendment will do to this group or that industry.
That's nonsense. The balanced budget amendment by itself will not cut
service for the poor, will not by itself cut benefits for senior
citizens, will not by itself force cutbacks in defense spending. Not at
all.
But the balanced budget amendment will force the Congress and the
President to prioritize within a balance of receipts and outlays. We
will learn to spend what we take in. We will relearn the spending
habits of past generations, and the responsible commitment to those of
the future. If this balanced budget amendment does not result in cuts
in government spending, it will ensure that we pay only for all the
Government that we really need.
Mr. President, the balanced budget amendment is not a quick-fix
solution, it is not a gimmick. It has been observed that if this
proposal were a gimmick, we would have enacted it long ago. No, this
amendment will give us the discipline with which to retrain ourselves,
and spend within our means.
Our national debt threatens the future of our country, threatens our
economic viability, threatens our children and our children's children.
History has taught us this lesson.
While I believe we should support a balanced budget amendment, there
are other issues we must address to alleviate this awful debt burden
now. We must act responsibly and exhaust all efforts to cut
bureaucracy, cut waste and freeze out-of-control spending. By curbing
spending, we can prevent Government from suffocating the small
businessman or the middle-class taxpayer. In addition, we must redirect
Federal programs to focus on self-sufficiency. We must offer the
opportunity for people to contribute to society, not remain dependent
upon the Government. We must support workfare, not welfare. We must
give families not just a piece of the American dream, but a mechanism
to make that dream come true.
This is a historic debate, Mr. President, a debate designed to cure,
over time, the economic maladies of debt and deficit spending which
affect us all. The balanced budget amendment is a long-term
proposition. It won't take effect until 1999, at the earliest. It gives
us time to prepare for its constitutional requirements, which are not
that complex; they simply state that we cannot spend more than we take
in.
I last had an opportunity to vote for a balanced budget amendment in
1986. The National Debt at that time was $2.1 trillion. Today, that
figure, in just 8 years, has more than doubled, to $4.6 trillion. By
1999, 5 years hence, this figure rises to $6.3 trillion. These are not
my figures. These numbers are taken right out of the administration's
proposed budget. Mr. President, these figures are staggering,
outrageous, and unacceptable: Four thousand, six hundred billion
dollars in national debt today, with no end in sight without the
balanced budget amendment.
We must move on the balanced budget amendment and demand that action
on issues like this not be delayed another day.
I lend my support and commend my colleagues for their assertiveness
in addressing a critical domestic policy issue--that of achieving a
Federal balanced budget, so our future generations can enjoy a healthy
and prosperous America in every way. We owe them that.
Mr. LUGAR. Mr. President, I have supported the balanced budget
constitutional amendment ever since it was first introduced in 1979. I
will continue to support it because it is the correct policy for our
Nation.
While budget deficits may be convenient in the short term, they are
fatal if they are allowed to become the usual practice over the long
term. The General Accounting Office has estimated that if we achieve a
balanced budget by 2001 and adhere to it thereafter, real per capita
income will be 36 percent higher in the year 2020 compared to the no-
action alternative.
Throughout most of our Nation's history, a balanced budget has been
an unwritten constitutional norm. By the 1830's, the Revolutionary War
debt, which the new Nation had assumed, had been paid off entirely.
After the Civil War, a total of 28 consecutive budget surpluses helped
bring about a gradual reduction in the Civil War debt. Despite
occasional unpredicted deficits in hard times, the Civil War debt had
been trimmed from $3 to $1.2 billion by 1916. In the 1920s, the Nation
started repaying the debt from World War I until the Great Depression
and the Second World War intervened.
In the years following World War II, the Federal budget was sometimes
in surplus and sometimes in deficit. From fiscal years 1947 through
1960, the sum total of all budget deficits--$31 billion--exceeded the
sum total of all budget surpluses--$30 billion--by only $1 billion.
Although the debt left over from World War II and the Great Depression
was not retired, the basic norm that the Federal budget should be
balanced in peacetime remained in place.
In the 1960's and 1970's, the economic philosophy of John Maynard
Keynes came into vogue within the Federal Government. We were told that
the Federal budget need not be actually balanced but only needed to be
balanced at full employment. Whatever its theoretical merits or
demerits, congressional budget habits developed in accordance with this
philosophy and established a 30 year trend of deficit spending. During
the 1960's and 1970's, Congress and the President attempted to
stimulate the economy in slow times, but the countercyclical measures
they adopted were often ill-timed, taking effect as the economy was
already recovering. And Congress and the President did not adhere to
the other half of the Keynesian equation. They did not pass budget
surpluses in times of excess demand.
There are those who disagree that a balanced budget is the correct
economic policy for our Nation. I have been surprised by the recent
effort of the administration to blunt the momentum toward a balanced
budget amendment by publicizing how much it would cost individual
States if it worked. The implication is that we should not even attempt
to balance the budget. This pork barrel approach reinforces the need
for a constitutional amendment to protect our children and
grandchildren from any further burden of debt.
The experience of the past 30 years offers little hope that we will
ever achieve a balanced budget without a constitutional amendment. We
have achieved just one budget surplus during this period--fiscal year
1969--and it occurred by accident. In the past decade, there have been
two statutory attempts--Gramm-Rudman I and Gramm-Rudman II--to place us
on a binding schedule leading to a balanced budget. Both statutes were
overturned before they came anywhere near the goal of a balanced
budget. We have adhered to the unwritten norm of a balanced peacetime
budget throughout most of our constitutional history. It is time to
write into our fundamental law the basic principle that the Nation must
not spend beyond its means.
A constitutional amendment is enforceable. Section 1 of Senate Joint
Resolution 48 mandates that:
Total outlays for any fiscal year shall not exceed total
receipts for that year, unless three-fifths of the whole
number of each House of Congress shall provide by law for a
specific excess of outlays over receipts by a rollcall vote.
It has been alleged that under the amendment Congress might make
overly optimistic assumptions about outlays and receipts in order to
show a balanced budget for the upcoming year and that courts would be
reluctant to overturn such an action. This problem could be resolved by
implementing legislation that provides for automatic spending cuts or
other appropriate measures if Congress misestimates receipts or outlays
for a given fiscal year.
However, even in the absence of such a provision, section 2 of the
proposed article provides an additional, firm remedy. For it declares
that:
The Limit on the Debt of the United States shall not be
increased unless three-fifths of the whole number of each
House shall provide by law for such an increase by a rollcall
vote.
Failure to raise the debt ceiling in accordance with the terms of the
amendment would thus be legally invalid. I urge support for the
balanced budget constitutional amendment.
____________________