[Congressional Record Volume 141, Number 30 (Wednesday, February 15, 1995)]
[Senate]
[Pages S2764-S2767]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENT SUBMITTED

                                 ______


                BALANCED BUDGET CONSTITUTIONAL AMENDMENT

                                 ______


                      BYRD AMENDMENTS NOS. 252-258

  (Ordered to lie on the table.)
  Mr. BYRD submitted seven amendments intended to be proposed by him to 
the joint resolution (H.J. Res. 1) proposing a balanced budget 
amendment to the Constitution of the United States; as follows:

                           Amendment No. 252

       On page 2, line 3, strike beginning with ``unless'' through 
     ``vote'' on line 6 and insert ``unless the Congress shall 
     provide by law for a specific excess of outlays over 
     receipts''.
                    [[Page S2765]] Amendment No. 253

       On page 2, strike lines 15 through 17.
                                                                    ____


                           Amendment No. 254

       On page 2, line 8, strike beginning with ``unless'' through 
     ``vote'' on line 10 and insert ``unless Congress provides by 
     law for such an increase''.
                                                                    ____


                           Amendment No. 255

       On page 2, line 14, strike the period and insert ``and any 
     alternative proposed budget for the fiscal year that the 
     President determines to be appropriate for that fiscal 
     year.''.
                                                                    ____


                           Amendment No. 256

       On page 2, lines 24 and 25, strike ```, adopted by a 
     majority of the whole number of each House''.
                                                                    ____


                           Amendment No. 257

       On page 3, line 10, strike ``2002'' and insert ``2000''.
                                                                    ____


                           Amendment No. 258

       On page 3, line 1, strike beginning with ``enforce'' 
     through ``receipts'' on line 3 and insert ``implement this 
     article by appropriate legislation''.
                                 ______


                        GRAHAM AMENDMENT NO. 259

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted an amendment intended to be proposed by him to 
the joint resolution, House Joint Resolution 1, supra; as follows:

       On page 2, line 8, strike ``held by the public''.
                                 ______


                  LEAHY (AND OTHERS) AMENDMENT NO. 260

  (Ordered to lie on the table.)
  Mr. LEAHY (for himself, Mr. Daschle, and Mr. Bumpers) submitted an 
amendment intended to be proposed by him to the joint resolution, House 
Joint Resolution 1, supra; as follows:

       On page 1, lines 4 and 5, strike ``is proposed as an 
     amendment to the Constitution of the United States, which'' 
     and inserting ``shall be proposed as an amendment to the 
     Constitution of the United States and submitted to the States 
     for ratification upon the completion by the General 
     Accounting Office of a detailed analysis of the impact of the 
     article on the economy and budget of each State and''.
                                 ______


               ROCKEFELLER (AND OTHERS) AMENDMENT NO. 261

  (Ordered to lie on the table.)
  Mr. ROCKEFELLER (for himself, Mr. Daschle, Mr. Akaka, and Mr. 
Wellstone) submitted an amendment intended to be proposed by him to the 
joint resolution, House Joint Resolution 1, supra; as follows:

       At the end of section 6, add the following: ``However, no 
     legislation to enforce or implement this Article may impair 
     any payment or other benefit based upon a death or disability 
     incurred in, or aggravated by, service in the Armed Forces if 
     such payment or other benefit was earned under a program 
     established before the ratification of this Article.''.
                                 ______


                   WELLSTONE AMENDMENTS NOS. 262-266

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted five amendments intended to be proposed by 
him to the joint resolution, House Joint Resolution 1, supra; as 
follows:

                           Amendment No. 262

       On page 2, line 3, following the word ``unless'', insert 
     the following:
       ``(a) compliance with this requirement would result in--
       (i) substantial reductions in the quality of, or access to, 
     health care for veterans, or
       (ii) substantial reductions in compensation provided to 
     veterans for service-connected illnesses or injuries, or
       (b)''.
                                                                    ____


                           Amendment No. 263

       On page 2, line 3, following the word ``unless'', insert 
     the following:
       ``(a) a majority of the whole number of each House of 
     Congress shall determine that compliance with this 
     requirement would result in--
       (i) substantial reductions in the quality of, or access to, 
     health care for veterans, or
       (ii) substantial reductions in compensation provided to 
     veterans for service-connected illnesses or injuries, or
       (b)''.
                                                                    ____


                           Amendment No. 264

       On page 2, line 3, following the word ``unless'', insert 
     the following:
       ``(a) compliance with this requirement would result in 
     significant reductions in assistance to students who want to 
     attend college, or
       (b)''.
                                                                    ____


                           Amendment No. 265

       On page 2, line 3, following the word ``unless'', insert 
     the following:
       ``(a) a majority of the whole number of each House of 
     Congress shall determine that compliance with this 
     requirement would result in significant reductions in 
     assistance to students who want to attend college, or
       (b)''.
                                                                    ____


                           Amendment No. 266

       On page 2, line 3, following the word ``unless'', insert 
     the following:
       ``(a) a majority of the whole number of each House of 
     Congress shall determine that compliance with this 
     requirement would increase the number of hungry or homeless 
     children, or
       (b)''.
                                 ______


                KENNEDY (AND JOHNSTON) AMENDMENT NO. 267

  (Ordered to lie on the table.)
  Mr. KENNEDY (for himself and Mr. Johnston) submitted an amendment 
intended to be proposed by him to the joint resolution, House Joint 
Resolution 1, supra; as follows:

       On page 3, between lines 8 and 9, insert the following:
       ``Sec. 8. Nothing in this article shall authorize the 
     President to impound funds appropriated by Congress by law, 
     or to impose taxes, duties, or fees.
                                 ______


                  GRAMM (AND OTHERS) AMENDMENT NO. 268

  (Ordered to lie on the table.)
  Mr. GRAMM (for himself, Mr. Coats, and Mr. Abraham) submitted an 
amendment intended to be proposed by him to the joint resolution, House 
Joint Resolution 1, supra; as follows:

       Strike section 4 of the amendment and insert the following:
       ``Sec. 4. No bill to increase receipts shall become law 
     unless approved by a three-fifths majority of the whole 
     number in each House of Congress.''
                                 ______


                       BRADLEY AMENDMENT NO. 269

  (Ordered to lie on the table.)
  Mr. BRADLEY submitted an amendment intended to be proposed by him to 
the resolution, House Joint Resolution 1, supra; as follows:

       Strike all after the resolving clause and insert the 
     following:
       ``That the following article is proposed as an amendment to 
     the Constitution of the United States, which shall be valid 
     to all intents and purposes as part of the Constitution when 
     ratified by the legislatures of three-fourths of the several 
     States within seven years after the date of its submission to 
     the States for ratification:

                              ``Article --

       ``Section 1. Total outlays for any fiscal year shall not 
     exceed total receipts for that fiscal 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.
       ``Section 2. The limit on the debt of the United States 
     held by the public 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.
       ``Section 3. Prior to each fiscal year, the President shall 
     transmit to the Congress a proposed budget for the United 
     States Government for that fiscal year in which total outlays 
     do not exceed total receipts.
       ``Section 4. No bill to increase revenue shall become law 
     unless approved by a majority of the whole number of each 
     House by a rollcall vote.
       ``Section 5. The Congress may waive the provisions of this 
     article for any fiscal year in which a declaration of war is 
     in effect. The provisions of this article may be waived for 
     any fiscal year in which the United States is engaged in 
     military conflict which causes an imminent and serious 
     military threat to national security and is so declared by a 
     joint resolution, adopted by a majority of the whole number 
     of each House, which becomes law.
       ``Section 6. This article shall be enforced only in 
     accordance with appropriate legislation, which may rely on 
     estimates of outlays and receipts, enacted by Congress.
       ``Section 7. Total outlays shall include all outlays of the 
     United States Government except for those for repayment of 
     debt principal and those dedicated to a capital budget. The 
     capital budget shall include only major public physical 
     capital investments. For each fiscal year, outlays dedicated 
     to the capital budget shall not exceed an amount equal to 10 
     percent of the total outlays for that year, which amount 
     shall not be counted for purposes of section 2. Three-fifths 
     of each House may provide by law for capital budget outlays 
     in excess of 10 percent for a fiscal year.
       ``Total receipts shall include all receipts of the United 
     States Government except those derived from borrowing and the 
     disposition of major public physical capital assets.
       ``Section 8. The receipts (including attributable interest) 
     and outlays of the Federal Old-Age and Survivors Insurance 
     Trust Fund and the Federal Disability Insurance Trust Fund, 
     or any successor trust funds shall not 
     [[Page S2766]] be counted as receipts or outlays for purposes 
     of this article.
       ``Section 9. This article shall take effect beginning with 
     fiscal year 2002 or with the second fiscal year beginning 
     after its ratification, whichever is later.''.
                                 ______


                 BRADLEY (AND OTHERS) AMENDMENT NO. 270

  (Ordered to lie on the table.)
  Mr. BRADLEY (for himself, Mr. Biden, Mr. Daschle, Mr. Dorgan, and Mr. 
Lautenberg) submitted an amendment intended to be proposed by him to 
the resolution, House Joint Resolution 1, supra; as follows:

       On page 3, strike lines 4 through 8, and insert the 
     following:
       ``Sec. 7. Total outlays shall include all outlays of the 
     United States Government except for those for repayment of 
     debt principal and those dedicated to a capital budget. The 
     capital budget shall include only major public physical 
     capital investments. For each fiscal year, outlays dedicated 
     to the capital budget shall not exceed an amount equal to 10 
     percent of the total outlays for that year, which amount 
     shall not be counted for purposes of section 2. Three-fifths 
     of each House may provide by law for capital budget outlays 
     in excess of 10 percent for a fiscal year.
       ``Total receipts shall include all receipts of the United 
     States Government except those derived from borrowing and the 
     disposition of major public physical capital assets.
                                 ______


                  BROWN (AND OTHERS) AMENDMENT NO. 271

  (Ordered to lie on the table.)
  Mr. BROWN submitted an amendment intended to be proposed by him to 
the resolution, House Joint Resolution 1, supra; as follows:

       Ordered to lie on the table and to be printed Amendment 
     intended to be proposed by Mr. Brown Viz:
       On page 1, line 3, strike beginning with ``(two-thirds'' 
     through the end of the resolution and insert the following:

     SECTION 1. BALANCED BUDGET OR NO PAY.

       (a) Report.--On September 30, 1999, the Director of the OMB 
     shall--
       (1) determine whether the Federal budget for fiscal year 
     2000 will be a balanced budget; and
       (2) if the Director determines that there will be a budget 
     deficit for fiscal year 2000, notify the President and 
     Congress of the amount of such deficit.
       (b) Pay Suspended.--If the Director of OMB notifies the 
     President and Congress that there is a budget deficit 
     pursuant to subsection (a)(2)--
       (1) the President shall suspend pay for employees of the 
     executive branch subject to confirmation by the Senate, and 
     the President and Vice President; and
       (2) the Speaker of the House of Representatives and the 
     President pro tempore of the Senate shall suspend pay for 
     Members of Congress and congressional staff;

     until such time as the Director of OMB reports that the 
     deficit for fiscal year 2000 has been eliminated.

     SEC. 2. BALANCED BUDGET.

       For purposes of this Act, the term ``balanced budget'' with 
     respect to a fiscal year is a budget in which total outlays 
     for that fiscal year do not exceed total receipts for that 
     fiscal year. Total receipts shall include all receipts of 
     United States Government except those derived from borrowing. 
     Total outlays shall include all outlays of the United States 
     Government except for those for repayment of debt principal.

     SEC. 3. WAIVER.

       The Congress may waive the provisions of this Act if a 
     declaration of war is in effect. The provisions of this Act 
     may be waived if the United States is engaged in military 
     conflict which causes an imminent and serious military threat 
     to national security and is so declared by a joint 
     resolution, adopted by a majority of the whole number of each 
     House, which becomes law.
                                 ______


                JOHNSTON (AND OTHERS) AMENDMENT NO. 272

  Mr. JOHNSTON (for himself, Mr. Bumpers, Mr. Levin, Mrs. Boxer, and 
Mr. Pryor) proposed an amendment to the joint resolution, House Joint 
Resolution 1, supra; as follows:

       At the end of Section 6, add the following: ``No court 
     shall have the power to order relief pursuant to any case or 
     controversy arising under this article, except as may be 
     specifically authorized in implementing legislation pursuant 
     to this section.''
                                 ______


                        LEVIN AMENDMENT NO. 273

  (Ordered to lie on the table.)
  Mr. LEVIN submitted an amendment intended to be proposed by him to 
the joint resolution, House Joint Resolution 1, supra; as follows:

       On page 1, lines 4 and 5, strike ``is proposed as an 
     amendment to the Constitution of the United States, which'' 
     and insert ``shall be proposed as an amendment to the 
     Constitution and submitted to the States for ratification 
     upon the enactment of legislation specifying the means for 
     implementing and enforcing the provisions of the amendment, 
     which amendment''.
                                 ______


                FEINSTEIN (AND OTHERS) AMENDMENT NO. 274

  (Ordered to lie on the table)
  Mrs. FEINSTEIN (for herself, Mr. Ford, Mr. Hollings, and Mr. Bumpers) 
submitted an amendment intended to be proposed by him to the joint 
resolution, House Joint Resolution 1, supra; as follows:

       Strike all after the resolving clause and insert the 
     following: ``That the following article is proposed as an 
     amendment to the Constitution of the United States, which 
     shall be valid to all intents and purposes as part of the 
     Constitution when ratified by the legislatures of three-
     fourths of the several States within seven years after the 
     date of its submission to the States for ratification:

                              ``Article --

       ``Section 1. Total outlays for any fiscal year shall not 
     exceed total receipts for that fiscal 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.
       ``Section 2. The limit on the debt of the United States 
     held by the public 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.
       ``Section 3. Prior to each fiscal year, the President shall 
     transmit to the Congress a proposed budget for the United 
     States Government for that fiscal year in which total outlays 
     do not exceed total receipts.
       ``Section 4. No bill to increase revenue shall become law 
     unless approved by a majority of the whole number of each 
     House by a rollcall vote.
       ``Section 5. The Congress may waive the provisions of this 
     article for any fiscal year in which a declaration of war is 
     in effect. The provisions of this article may be waived for 
     any fiscal year in which the United States is engaged in 
     military conflict which causes an imminent and serious 
     military threat to national security and is so declared by a 
     joint resolution, adopted by a majority of the whole number 
     of each House, which becomes law.
       ``Section 6. The Congress shall enforce and implement this 
     article by appropriate legislation, which may rely on 
     estimates of outlays and receipts.
       ``Section 7. Total receipts shall include all receipts of 
     the United States Government except those derived from 
     borrowing. Total outlays shall include all outlays of the 
     United States Government except for those for repayment of 
     debt principal. The receipts (including attributable 
     interest) and outlays of the Federal Old-Age and Survivors 
     Insurance Trust Fund and the Federal Disability Insurance 
     Trust Fund used to provide old age, survivors, and 
     disabilities benefits shall not be counted as receipts or 
     outlays for purposes of this article.
       ``Section 8. This article shall take effect beginning with 
     fiscal year 2002 or with the second fiscal year beginning 
     after its ratification, whichever is later.''.
                                 ______


                        CONRAD AMENDMENT NO. 275

  (Ordered to lie on the table.)
  Mr. CONRAD submitted an amendment intended to be proposed by him to 
the joint resolution, House Joint Resolution 1, supra; as follows:

       On page 2, strike line 18 and all that follows through line 
     25, and insert the following:
       ``Sec. 5. This article shall be suspended for any fiscal 
     year and the first fiscal year thereafter if a declaration of 
     war is in effect or if the Congress declares an economic 
     emergency. The provisions of this article may be waived for 
     any fiscal year in which the United States is engaged in 
     military conflict which causes an imminent and serious 
     military threat to national security and it is so declared by 
     a joint resolution, adopted by a majority of the whole number 
     of each House of Congress, that becomes law.''
                                 ______


                        KERRY AMENDMENT NO. 276

  (Ordered to lie on the table.)
  Mr. KERRY submitted an amendment intended to be proposed by him to 
the joint resolution, House Joint Resolution 1, supra; as follows:

       On page 2, beginning on line 3, strike ``year, unless'' and 
     all that follows through line 25 on page 2, and insert the 
     following: ``year, unless a majority of the whole number of 
     each House shall provide by law for a specific excess of 
     outlays over receipts by a rollcall vote.
       ``Sec. 2. The limit on the debt of the United States held 
     by the public shall not be increased, unless a majority of 
     the whole number of each House shall provide by law for such 
     an increase by a rollcall vote.
       ``Sec. 3. Prior to each fiscal year, the President shall 
     transmit to the Congress a proposed budget for the United 
     States Government for that fiscal year, in which total 
     outlays do not exceed total receipts.
       ``Sec. 4. The Congress may waive the provisions of this 
     article for any fiscal year in which a declaration of war is 
     in effect. The provisions of this article may be waived for 
     any fiscal year in which the United States is engaged in 
     military conflict which causes an 
     [[Page S2767]] imminent and serious military threat to 
     national security and is so declared by a joint resolution, 
     adopted by a majority of the whole number of each House, 
     which becomes law.
       ``Sec. 5. The provisions of this article may be waived for 
     any fiscal year during which the United States suffers from a 
     serious economic recession which causes an imminent and 
     serious threat to the nation's economy and is so declared by 
     a joint resolution, adopted by a majority of the whole number 
     of each House, which becomes law.''
                                 ______


                        KERRY AMENDMENT NO. 277

  (Ordered to lie on the table.)
  Mr. KERRY submitted an amendment intended to be proposed by him, to a 
motion to House Joint Resolution 1, supra; as follows:

       I move to commit H.J. Res. 1 to the Budget Committee, to 
     report back forthwith the following substitute amendment:
       It is the Sense of the Congress that the Congress of the 
     United States currently possesses all necessary power and 
     authority to adopt at any time a balanced budget for the 
     United States Government, in that its outlays do not exceed 
     its receipts, and to pass and submit to the President all 
     legislation as may be necessary to implement such a balanced 
     budget, including legislation reducing expenditures for 
     federally-funded programs and agencies and increasing 
     revenues.
       It is further the Sense of the Congress that the Congress 
     should, prior to August 15, 1995, adopt a concurrent 
     resolution on the budget establishing a budget plan to 
     balance the budget by fiscal year 2002 consisting of the 
     items set forth below:
       (a)(1) a budget for each fiscal year beginning with fiscal 
     year 1996 and ending with fiscal year 2002 containing--
       (A) aggregate levels of new budget authority, outlays, 
     revenues, and the deficit or surplus;
       (B) totals of new budget authority and outlays for each 
     major functional category;
       (C) new budget authority and outlays, on an account-by-
     account basis, for each account with actual outlays or 
     offsetting receipts of at least $100,000,000 in fiscal year 
     1994; and
       (D) an allocation of Federal revenues among the major 
     sources of such revenues;
       (2) a detailed list and description of changes in Federal 
     law (including laws authorizing appropriations or direct 
     spending and tax laws) required to carry out the plan and the 
     effective date of each such change; and
       (3) reconciliation directives to the appropriate committees 
     of the House of Representatives and Senate instructing them 
     to submit legislative changes to the Committee on the Budget 
     of the House or Senate, as the case may be, to implement the 
     plan set forth in the concurrent resolution, with the cited 
     directives deemed to be directives within the meaning of 
     section 310(a) of the Congressional Budget Act of 1974, and 
     with the cited committee submissions combined without 
     substantive revision upon their receipt by the Committee on 
     the Budget into an omnibus reconciliation bill which the 
     Committee shall report to its House where it shall be 
     considered in accord with procedures set forth in section 310 
     of the Congressional Budget Act of 1974.
       (c) the budget plan described in section (a)(1) shall be 
     based upon Congressional Budget Office economic and technical 
     assumptions and estimates of the spending and revenue effects 
     of the legislative changes descried in subsection (a)(2).
                                 ______


                  BIDEN (AND OTHERS) AMENDMENT NO. 278

  Mr. Biden (for himself, Mr. Bradley, Mr. Daschle, Mr. Dorgan, Mr. 
Lautenberg, Mr. Feingold, and Mr. Kerry) proposed an amendment to the 
joint resolution, House Joint Resolution 1, supra; as follows:

       On page 3, strike lines 4 through 8, and insert the 
     following:
       ``Sec. 7. Total outlays shall include all outlays of the 
     United States Government except for those for repayment of 
     debt principal and those dedicated to a capital budget. The 
     capital budget shall include only major public physical 
     capital investments. For each fiscal year, outlays dedicated 
     to the capital budget shall not exceed an amount equal to 10 
     percent of the total outlays for that year, which amount 
     shall not be counted for purposes of section 2. Three-fifths 
     of each House may provide by law for capital budget outlays 
     in excess of 10 percent for a fiscal year.
       ``Total receipts shall include all receipts of the United 
     States Government except those derived from borrowing and the 
     disposition of major public physical capital assets.''
                                                                    ____


                   WELLSTONE AMENDMENTS NOS. 279-284

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted six amendments intended to be proposed by him 
to the joint resolution, House Joint Resolution 1, supra; as follows:

                           Amendment No. 279

       At the end of the amendment, add the following:
       ``Sec.  . The provisions of this article may be waived if a 
     majority of the whole number of each House of Congress 
     determines that compliance with the first clause of Section 1 
     would result in significant reductions in assistance to 
     students who want to attend college.''
                                                                    ____

                           Amendment No. 280

       At the end of the amendment, add the following:
       ``Sec.   . The provisions of this article may be waived if 
     a majority of the whole number of each House of Congress 
     determines that compliance with the first clause of Section 1 
     would result in an increase in the number of hungry or 
     homeless children.''
                                                                    ____


                           Amendment No. 281

       At the end of the amendment, add the following:
       ``Sec.   . The provisions of this article may be waived if 
     a majority of the whole number of each House of Congress 
     determines that compliance with the first clause of Section 1 
     would result in--
       (a) substantial reductions in the quality of, or access to, 
     health care for veterans, or
       (b) substantial reductions in compensation provided to 
     veterans for service-connected illnesses or injuries.''
                                                                    ____


                           Amendment No. 282

       Strike all after the first word and insert the following:
       ``The provisions of this article may be waived if a 
     majority of the whole number of each House of Congress 
     determines that compliance with the first clause of Section 1 
     would result in significant reductions in assistance to 
     students who want to attend college.''
                                                                    ____


                           Amendment No. 283

       Strike all after the first word and insert the following:
       ``The provisions of this article may be waived if a 
     majority of the whole number of each House of Congress 
     determines that compliance with the first clause of Section 1 
     would result in an increase in the number of hungry or 
     homeless children.''
                                                                    ____


                           Amendment No. 284

       Strike all after the first word and insert the following:
       ``The provisions of this article may be waived if a 
     majority of the whole number of each House of Congress 
     determines that compliance with the first clause of Section 1 
     would result in--
       (a) substantial reductions in the quality of, or access to, 
     health care for veterans, or
       (b) substantial reductions in compensation for service-
     connected illnesses or injuries.''
     

                          ____________________