CONGRESSIONAL. RECORD — SENATE

October 31, 1977

Page 36085

Mr. CRANSTON. Mr. President, I have been asked to read a statement from another Senator.

Before doing so I make plain that his bottom line does not reflect my view. I shall vote for this bill, recognizing that it is not perfect, but I think that no Senator considers this to be a perfect bill.

The statement that I have been asked to read is from Senator MUSKIE, who is in Bethesda Hospital and therefore cannot be present. His statement reads as follows:

STATEMENT BY SENATOR MUSKIE

Although I am unable to be present for the vote today on H.R. 5213, I would, if I were present, be compelled to vote against the bill.

Although the Senate may take some satisfaction that some of the most questionable and costly provisions of the legislation have been stricken by amendments offered from the Senate floor, the bill remains inconsistent with both this year's budget resolution and any reasonable exercise of fiscal responsibility for future years.

In my judgment the bill should be ruled out of order under the Budget Act, if the bill does escape being subject to a point of order only on the slimmest of technicalities — abdication to the Secretary of the Treasury of the Constitutional power of Congress to determine the effective dates of the legislation.

It contains a number of provisions of dubious validity, many of which reopen the back door spending the Budget Act was enacted to reduce.

In light of costly amendments added on the floor, the bill will cost as much as $40 billion during the next eight years.

Many Senators are no doubt influenced to ignore this bill's severe fiscal defects on the promise that it is only a vehicle to get to conference. They have been assured the conference version of the legislation will be more responsible.

But the Constitution did not give Congress three branches — a House, a Senate, and a conference.

Nor do the Constitution and our duty as Senators permit us to abandon responsibility for the meaning and effect of our own actions.

Bills which violate sound fiscal policy and undermine the budget process should be rejected by the Senate.

Whatever the merits of this bill as energy legislation, it is irresponsible as fiscal action. I would therefore be compelled to vote against it.