President George W. Bush was right to veto the war supplemental
funding bill. In his second veto since taking office, the President
rejected a bill that contained an unconstitutional usurpation of
presidential authority as commander in chief[1] and, by adding
billions of dollars in pork and pet programs, made a mockery of the
new Congress's pledges to return to fiscal discipline.[2]
Yet as Members of Congress consider what their next legislative
steps will be, the President might want to keep the cap off his
veto pen. Members are reportedly considering a series of
supplementals that would provide funding for two months instead of
the remainder of the fiscal year. Such patchwork legislation would
be a mistake. A short-term supplemental would place continued
strain on the military and inevitably lead to even more
special-interest pork-barrel spending.
Congress owes the troops and the American people a clean
emergency supplemental bill that does not violate the Constitution
and contains funding for the entire fiscal year. Further, Congress
should make good on its vows of fiscal discipline and strip out all
the non-defense special-interest spending.
Provide Financial Support for the
Troops
The purpose of the supplemental appropriations bill is to
provide the military with the resources it needs to conduct
operations in Afghanistan and Iraq, and these operations require a
reliable and steady stream of funding. A series of very short-term
supplemental appropriations will not provide military leaders with
the kind of reliable funding they need to manage these operations
and other military activities effectively.
A series of short-term supplemental appropriations will require
the Department of Defense to shift funds from established accounts
to accounts related to the operations in Afghanistan and Iraq in
order to make ends meet. This constant juggling of funds between
accounts is both disruptive and wasteful. Valuable training
exercises will be delayed, and it will be necessary to rob the Air
Force and Navy to pay the Army and Marine Corps, imposing
incalculable costs on Air Force and Navy readiness.
Finally, one-month or two-month supplemental appropriations
bills are inconsistent with an orderly legislative process, and
this could have damaging effects on the military. Congress's
history of inefficiency suggests that it is all but certain that
Members will fail to enact a series of short-term supplemental
appropriations bills in a timely fashion. This failure could cause
significant funding gaps that, at some point, would become large
enough to preclude the Department of Defense from shifting funds
between accounts in the way described above, leaving troops in
Afghanistan, Iraq, and elsewhere forced to "stand down" for lack of
funding. Congress's responsibility to legislate in an orderly
fashion is a serious one because the consequences of failing to do
so can be so damaging. When the stakes involved are the lives and
well-being of U.S. troops, Congress needs to do better.
Don't Make Fiscal Discipline a
Casualty
A series of short-term supplemental bills would also destroy any
hope of Members' exercising the fiscal discipline that this
Congress has promised to provide. In the vetoed supplemental,
Congress stuffed in an extra $20 billion of non-emergency spending,
much of which likely would not survive outside of "must pass"
legislation. Although some special-interest spending was taken out
in the conference committee, there was still plenty to beef about:
$1.4 billion to the livestock industry, hundreds of millions for
dairy producers, $60 million for salmon fisheries, a $650 million
SCHIP bailout to states that irresponsibly expanded their
programs,[3] plus billions more for programs whose value
could be debated--all told, $21 billion more than President's
original request.
As Charlie Rangel openly admitted on Meet the Press, most
of that pork added to the supplemental was used to buy votes.
Increasing the number of short-term supplemental appropriations
will only serve to increase the extent to which the leadership will
need to grease the skids with more pork projects in order to buy
more votes to pass the series of supplementals. This two-month
strategy would make it all the more vital for the President to
require fiscal responsibility by eliminating special-interest
projects and parochial spending.
As a final threat to fiscal restraint, piecemeal supplemental
appropriations would enable Congress to subvert budget discipline.
Every non-defense, non-emergency dollar stuffed into an emergency
supplemental is a dollar that does not have to be spent in regular
appropriations bills, which count against the limits that will be
set in the budget resolution once it is passed. Non-emergency
spending in supplementals would allow Congress to spend freely,
creating a back door for Congress to exceed limits in the budget
resolution. Congress should live within reasonable means by
declining multiple bites at the spending apple with one
supplemental that will last the entire fiscal year. If Congress
fails to meet this test, the President should take a firm stand
against any legislation--short-term or otherwise--that makes
funding for the troops contingent on salmon fisheries, state
bailouts, or routine non-defense spending and exercise his veto
power again.
Conclusion
The supplemental was not vetoed because the time horizon for the
appropriation was too short. It was vetoed because of
unconstitutional congressional usurpation of the President's
authority as commander in chief. It was also vetoed because the
supplemental held troop funding hostage to special-interest
spending that evaded budget rules. With American lives on the line,
this was both unconscionable and unacceptable. Congress must take
its legislative responsibilities seriously and not create a sloppy
series of short-term supplementals crammed with extra spending
goodies. Instead, it should do what it has failed to do so far:
send the President a clean appropriations bill that simply funds
the operations in Afghanistan and Iraq for the rest of the fiscal
year.
Ernest Istook, a Visiting Fellow in Government Relations at
The Heritage Foundation, served 14 years in the U.S. House of
Representatives and was chairman of a subcommittee of the House
Appropriations Committee. Nicola Moore is Research
Coordinator in, and Alison
Acosta Fraser is Director of, the Thomas A. Roe Institute for
Economic Policy Studies at The Heritage Foundation. Baker Spring is F. M. Kirby
Research Fellow in National Security Policy in the Douglas and
Sarah Allison Center for Foreign Policy Studies, a division of the
Kathryn and Shelby Cullom Davis Institute for International
Studies, at The Heritage Foundation.