[Congressional Record Volume 143, Number 22 (Wednesday, February 26, 1997)]
[Senate]
[Pages S1681-S1683]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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             BALANCED BUDGET AMENDMENT TO THE CONSTITUTION

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                       FEINSTEIN AMENDMENT NO. 11

  Mrs. Feinstein (for herself, Mr. Durbin, Mr. Torricelli, and Mr. 
Cleland) proposed an amendment to the joint resolution (S.J. Res. 1) 
proposing an amendment to the Constitution of the United States to 
require a balanced budget; as follows:

       Strike all after the resolving clause and insert the 
     following:

     That the following article is proposed as an amendment to the 
     Constitution, 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 roll call vote.
       ``Section 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 roll call 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 roll call 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.
       ``The provisions of this article may be waived for any 
     fiscal year in which the United States is experiencing a 
     national economic emergency or major natural disaster, which 
     is so declared by a joint resolution, adopted by a majority 
     of the whole number of each House, which becomes law.

[[Page S1682]]

       ``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. Effective one year after the effective date 
     of this article, the receipts (including attributable 
     interest) and outlays of the Federal Old-Age and Survivors 
     and Disability Insurance Trust Funds (as and if modified to 
     preserve the solvency of the Funds) used to provide old age, 
     survivors, and disabilities benefits shall not be counted as 
     receipts or outlays for purposes of complying with this 
     article.
       ``Section 8. Nothing in this article shall preclude the 
     authority to enact and implement a separate capital budget 
     for those major capital improvements which require multi-year 
     Federal funding, and which would be excluded from the 
     requirements of section 7 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.''.
                                 ______
                                 

                BUMPERS (AND FEINGOLD) AMENDMENT NO. 12

  Mr. BUMPERS (for himself and Mr. Feingold) proposed an amendment to 
the motion to refer the joint resolution (S.J. Res. 1), supra; as 
follows:

       Strike all after the resolving clause and insert the 
     following:
       Section 1. Point of Order Against Budget Resolutions That 
     Fail To set Forth a Glide Path to a Balanced Budget.--Section 
     301 of the Congressional Budget Act of 1974 is amended by 
     inserting at the end thereof the following new subsection:
       ``(j) It shall not be in order to consider any concurrent 
     resolution on the budget (or amendment, motion, or conference 
     report thereon) that fails to set forth appropriate levels 
     for all items described in subsection (a)(1) through (7) for 
     all fiscal years through 2002.''
       Section 2. Prohibition on Budget Resolutions That Fail to 
     set Forth a Balanced Budget.--Section 301 of the 
     Congressional Budget Act of 1974 is amended by inserting at 
     the end thereof the following new subsection:
       ``(k) Congressional Enforcement of a Balanced Budget.--
       ``(1) Beginning in 2001, it shall not be in order to 
     consider any concurrent resolution on the budget (or 
     amendment, motion, or conference report thereon) that sets 
     forth a level of outlays for fiscal year 2002 or any 
     subsequent fiscal year that exceeds the level of receipts for 
     that fiscal year.
       ``(2) 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 
     subsection.''
       Section 3. Point of Order Against Budget Resolutions That 
     Fail To Establish a Glide Path for a Balanced Budget by 2002 
     and Beyond.--
       (a) Section 904 of the Congressional Budget Act of 1974 is 
     amended by inserting ``301(j),'' after ``301(I),'' in both 
     places it appears.
       (b) Add the following new section immediately following 
     Section 904 of the Congressional Budget Act of 1974:
       ``Sec. __. Section 301(k) may be waived (A) in any fiscal 
     year by an affirmative vote of three-fifths of the whole 
     number of each House; (B) in any fiscal year in which a 
     declaration of war is in effect; or (C) in 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 4. Technical Changes.--Section 306 of the 
     Congressional Budget Act of 1974 is amended as follows:
       (a) Immediately following ``Sec. 306.'' insert the 
     following:
       ``(a) Except for bills, resolutions, amendments, motions or 
     conference reports, which would amend the congressional 
     budget process,''.
       (b) Add the following at the end of subparagraph (a):
       ``(b) No bill, resolution, amendment, motion, or conference 
     report, which would amend the congressional budget process 
     shall be considered by either House.''
                                 ______
                                 

                     FEINGOLD AMENDMENT NOS. 13-14

  Mr. FEINGOLD proposed two amendments to the joint resolution (S.J. 
Res. 1) supra; as follows:

                            Amendment No. 13

       On page 2, line 7, strike ``seven'' and insert ``3''.
                                  ____


                            Amendment No. 14

       On page 2, line 15, after ``vote'' insert ``or unless 
     Congress shall provide by law that an accumulated budget 
     surplus shall be available to offset outlays to the extent 
     necessary to provide that outlays for that fiscal year do not 
     exceed total receipts for that fiscal year''.
                                 ______
                                 

                TORRICELLI (AND OTHERS) AMENDMENT NO. 15

  Mr. TORRICELLI (for himself, Mr. Lautenberg, Ms. Landrieu, Mr. Kohl, 
and Mrs. Boxer) proposed an amendment to the joint resolution (S.J. 
Res. 1) supra; as follows:

       On page 3, strike lines 4 through 11, and insert the 
     following:
       ``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 faces an imminent and 
     serious military threat to national security and is so 
     declared by a joint resolution, which becomes law.
       ``The provisions of this article may be waived for any 
     fiscal year in which the United States is in a period of 
     economic recession or significant economic hardship and is so 
     declared by a joint resolution, which becomes law.''
       On page 3, strike lines 15 through 19, and insert the 
     following:
  ``Section 7. Total receipts shall exclude those derived from net 
borrowing and the disposition of major public physical capital assets. 
Total outlays shall include all outlays of the United States Government 
except those for repayment of debt principal and those dedicated to a 
capital budget. The capital budget shall include only investments in 
major public physical capital that provides long-term economic 
benefits.''
                                 ______
                                 

                         BOXER AMENDMENT NO. 16

  Mrs. BOXER proposed an amendment to the joint resolution (S.J. Res. 
1) supra; as follows:

       At the end of Section 5, add the following: ``The 
     provisions of this article may be waived for any fiscal year 
     in which there is a declaration made by the President (and a 
     designation by the Congress) that a major disaster or 
     emergency exists, adopted by a majority vote in each House of 
     those present and voting.''
                                 ______
                                 

                  DORGAN (AND OTHERS) AMENDMENT NO. 17

  Mr. DORGAN (for himself, Mr. Daschle, Mr. Ford, Mr. Reid, Mr. 
Hollings, Mrs. Feinstein, Mr. Wyden, Ms. Landrieu, and Mr. Johnson) 
proposed an amendment to the joint resolution (S.J. Res. 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 and the Federal Disability Insurance Trust Funds 
     (as and if modified to preserve the solvency of the Funds) 
     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.''.

[[Page S1683]]

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                      ROCKEFELLER AMENDMENT NO. 18

  Mr. CONRAD (for Mr. Rockefeller) proposed an amendment to the joint 
resolution (S.J. Res. 1) supra; as follows:

       Beginning on page 3, strike lines 12 through 14 and insert 
     the following:
       ``Section 6. The Congress shall enforce and implement this 
     article by appropriate legislation, which may rely on 
     estimates of outlays and receipts. Medicare outlays shall not 
     be reduced in excess of the amount necessary to preserve the 
     solvency of the Medicare Health Insurance Trust Fund.''

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