[Congressional Record Volume 140, Number 12 (Wednesday, February 9, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: February 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
UNANIMOUS-CONSENT AGREEMENT
Mr. MITCHELL. Mr. President, I ask unanimous consent that the
following be the only remaining first-degree amendments to H.R. 3759,
other than those amendments which are now pending, and that they be
subject to second-degree amendments if relevant to the subject matter
of the first-degree amendment; that upon the disposition of these
amendments, the bill be read a third time and the Senate vote on final
passage of H.R. 3759; that the Senate insist on its amendments, request
a conference with the House on the disagreeing votes of the two Houses,
and the Chair be authorized to appoint conferees, with the preceding
all occurring without any intervening action or debate. The amendments
are contained in the list I now send to the desk.
The PRESIDING OFFICER (Mr. MATHEWS). Is there objection?
Mr. METZENBAUM. Reserving the right to object, Mr. President, I have
an amendment, and I wanted to be certain that the majority leader's
unanimous consent request would not preclude me from offering that
amendment.
Mr. MITCHELL. Do I understand correctly that the Senator's is a
second-degree amendment to a pending first-degree amendment?
Mr. METZENBAUM. No. I believe there is a first-degree amendment by
Senator D'Amato at the present time and a second-degree amendment by
Senator Murkowski to Senator D'Amato's first-degree amendment. What I
am trying to do is offer an amendment to Senator Murkowski's amendment,
which is agreeable, but I cannot do it because I cannot third degree
it. So I have to work out that procedure. I am asking the majority
leader--I do not think there is any controversy at all. But I cannot do
it if the unanimous consent agreement is agreed upon.
Mr. D'AMATO. Mr. President, I have no objection if it is in the
nature of a perfecting amendment. I guess we would have to get
unanimous consent.
If there is no substantive change and it would be in the spirit which
Senator Metzenbaum and I agreed to offer his amendment, I would be
agreeable to his offering it.
Mr. BYRD. Reserving the right to object, if this is a third-degree
amendment, I will, of course, object.
Mr. METZENBAUM. I understand the situation, but I am expecting a
second degree to be adopted. So, thereafter, I might offer a second
degree.
Mr. BYRD. I suggest to the distinguished majority leader that he
include in the request that Mr. Metzenbaum be recognized for
modification to the amendment, and it will not be a third-degree
amendment.
Mr. MITCHELL. Mr. President, I ask that the proposal be so modified
as suggested by the distinguished chairman of the Appropriations
Committee.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. MITCHELL. I now ask unanimous consent that the Brown and
Murkowski amendments be set aside and the Senate proceed to vote
immediately on the pending D'Amato amendment.
Mr. METZENBAUM. Mr. President, I will send a second-degree amendment
to the desk and ask for its immediate consideration.
Mr. MITCHELL. Has the Chair acted upon my request?
The PRESIDING OFFICER. Without objection, the pending amendments are
set aside.
The pending question is the Murkowski amendment No. 1443 and the
D'Amato amendment No. 1442.
Mr. MITCHELL. Mr. President, I withdraw that last request. I now ask
unanimous consent that the Murkowski and Brown amendments be set aside
and that Senator Metzenbaum be recognized to offer an amendment
modifying the D'Amato amendment and that the Senate then proceed to
vote on the D'Amato amendment, as modified by the Murkowski amendment
and the Metzenbaum amendment.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
amendment no. 1443 as modified, to amendment no. 1442
Mr. METZENBAUM. Mr. President, I send a modification of the Murkowski
amendment to the desk.
The PRESIDING OFFICER. The Senator has that right pursuant to the
unanimous consent agreement.
The amendment (No. 1443), as modified, is as follows:
Delete lines 3 through 10 of D'Amato Amendment No. , and
insert in lieu thereof the following:
``(a) Section 21A(b)(14)(C) of the Federal Home Loan Bank
Act (12 U.S.C. 1441a(b)(14)(C) is amended by striking clause
(i) and inserting in lieu thereof the following:
``(i) the period beginning on the date the claim accrues
(as determined pursuant to section 11(d)(14)(B) of the
Federal Deposit Insurance Act) and ending on December 31,
1995; or ending on the date of the termination of the
corporation pursuant to section 21A(m)(I), whichever is
later; or.''
Mr. METZENBAUM. Mr. President, let me advise my colleagues what is
going on.
Mr. BYRD. The Senator's colleagues cannot hear, Mr. President.
The PRESIDING OFFICER. The Senate will be in order.
The pending question is the Murkowski amendment No. 1442, as modified
by the amendment of the Senator from Ohio.
Mr. METZENBAUM. So that everybody understands what we are doing----
Mr. BYRD. Everybody cannot understand what we are doing because
everybody cannot hear. I insist that the Chair get order. We are going
to have order before we proceed on this amendment.
The PRESIDING OFFICER. There will be order in the Senate. Please take
your conversations to the Cloakroom.
Mr. MITCHELL addressed the Chair.
The PRESIDING OFFICER. The majority leader is recognized.
Mr. MITCHELL. Mr. President, I want to make clear the course of
action we are now following, and I wish to modify the unanimous-consent
agreement in one respect.
My understanding is--and I present this as a parliamentary inquiry--
that we now have pending a first-degree D'Amato amendment and a second-
degree Murkowski amendment. Senator Metzenbaum will modify the
Murkowski amendment. The Senate will then vote on that amendment and
presumably adopt it by voice vote. Thereafter, we will seek a recorded
vote on the D'Amato amendment, as modified by the Murkowski amendment,
which, in turn, will have been modified by the Metzenbaum amendment. Am
I correct?
The PRESIDING OFFICER. The Senator is correct, except that we have
the yeas and nays on the Murkowski amendment, as modified, at this
point.
Mr. MITCHELL. Well, when we get to that point, I am going to ask that
we vitiate the yeas and nays on that amendment and have the yeas and
nays on the D'Amato amendment.
With respect to the prior agreement relating to the amendments on the
list, as I stated it, it provided that the only remaining first-degree
amendments to the pending bill were those listed on the documents
submitted to the desk, other than those now pending, and that they be
subject to second-degree amendments, if relevant to the subject of
first degree. That clause would be read narrowly to apply only to those
second-degree amendments to be offered to the first-degree amendments
on the list.
I want to make clear--and I ask that the agreement be stated and
clarified in such a way--that the second-degree amendments to the
pending amendments also be limited to those which are relevant to the
subject matter of the first-degree amendments.
The PRESIDING OFFICER. Is there objection? Hearing none, that is the
order.
The list of amendments is as follows:
Senator Feingold amendment--Peacekeeping money.
Senator Graham amendment--Relevant.
Senator Conrad amendment--Land transfer.
Senator DeConcini amendment--Bosnia.
Senator Ford amendment--Relevant.
Senator John Kerry amendment--Relevant.
Senator Levin amendment--Rail consolidation project.
Senator Byrd amendment--Relevant.
Senator Byrd amendment--Relevant.
Senator Levin amendment--Auxiliary flight service stations.
republican amendments
Senator Dole amendment--Pay for it.
Senator Brown amendment--Strike pork programs.
Senator Brown amendment--Relevant.
Senator Bond amendment--Space.
Senator Hatfield amendment--Relevant.
Senator Hatfield amendment--Relevant.
Senator Bond/Harkin amendment--Tech. Re: SCS.
Senator Durenberger amendment--Future disaster fund.
Senator Gregg amendment--CBO study re: Health care on
budget.
Senator McCain amendment--Relevant.
Senator McCain amendment--Relevant.
Senator McCain amendment--Relevant.
Senator Nickles amendment--President's contingency/slush
fund.
Senator Cohen/Dole amendment--Government benefits.
Senator Gramm amendment--Relevant.
Senator Gramm amendment--Relevant.
Senator Grassley amendment--Relevant.
Senator Kassebaum amendment--Welfare reform.
Senator McConnell amendment--State Department.
Mr. METZENBAUM addressed the Chair.
The PRESIDING OFFICER. The Senator from Ohio.
Mr. METZENBAUM. Mr. President, so we understand where we are on this
matter, the Senator from New York has addressed the Senate for a number
of days in connection with Madison Savings & Loan. The Senator from
Ohio has addressed the Senate on 2 days indicating that if we were
going to do something about the statute of limitations, we ought to
make it applicable to all of the savings and loans where the FDIC may
have a claim.
Yesterday in debate, Senator D'Amato indicated a willingness to
consider an amendment to extend it to all savings and loans. The fact
is that I then sent that to him yesterday prior to 5 o'clock, as I said
I would. The Senator from New York, with some minor modifications,
agreed to the change.
The matter came to the floor today. The Senator from New York offered
the amendment that I had sent to him.
The Senator from Alaska offered a protective amendment in the second
degree. The Senator from Ohio has offered a modification to the second-
degree amendment. The net result would be that the statute of
limitations with respect to all savings and loans would be extended at
least until December 31, 1995, or ending on the date of the termination
of the corporation, whichever is later.
I think this amendment is fair. I think it is broad based. I think
every Member of this body should be willing to vote for it. I think the
Senator from New York will confirm my representations in that
connection.
Mr. D'AMATO. Mr. President, let me thank my colleague from Ohio. I
think we have worked out a fair compromise that seeks equal treatment
of people that may find themselves with potential liability from these
willful actions in connection with a failed savings and loan. This
amendment will permit the RTC to bring suit, but after the RTC expires,
the old statute of limitations will apply.
I urge my colleagues not only to support this--and I know the
majority leader will ask for the yeas and nays on this--but, in
addition, I hope that we will hold this in conference, because to do
less than that would not be adequate and would be really a sham. So I
hope that we will do that.
I thank those who have not offered any amendments or raised points of
order, which they could have, which would have put us through another
vote on this.
So I thank the majority leader, and I thank the Senator from Ohio as
well as the manager of the bill, Senator Byrd.
The PRESIDING OFFICER. The majority leader.
Mr. MITCHELL. Mr. President, has the Metzenbaum modification been
adopted?
The PRESIDING OFFICER. The modification has not yet been agreed to.
Mr. METZENBAUM. I ask unanimous consent that a modification of the
Murkowski amendment by the Metzenbaum be agreed to.
Mr. MURKOWSKI. Mr. President, I would concur with the Senator.
The PRESIDING OFFICER. Without objection, the amendment is so
modified.
Mr. MITCHELL. Mr. President, I ask unanimous consent that the yeas
and nays previously ordered on the Murkowski second-degree amendment be
vitiated.
The PRESIDING OFFICER. Is there objection? Hearing none, it is so
ordered.
The question is on agreeing to amendment No. 1443, as modified.
The amendment (No. 1443), as modified, was agreed to.
The PRESIDING OFFICER. The question is on agreeing to the amendment
of the Senator from New York, as modified, as amended.
Mr. MITCHELL. Mr. President, have the yeas and nays been ordered?
The PRESIDING OFFICER. The yeas and nays have been ordered.
Mr. BYRD addressed the Chair.
The PRESIDING OFFICER. The Senator from West Virginia.
Mr. BYRD. Mr. President, I just wanted the majority leader to have a
moment to clarify as to what the program is for the rest of the
evening.
Mr. MITCHELL. Mr. President, this will be the last rollcall vote
today. We will return to the bill tomorrow. There are many amendments
remaining, as anyone can see who reads the list. Therefore, there will
be votes throughout the day tomorrow.
So there can be no misunderstanding, I repeat again now what I have
said several times publicly this week. The Senate will not leave
session until this legislation is completed in a form to be sent to the
President. We will complete action on this emergency supplemental
appropriations bill prior to leaving this session. That means that, if
necessary, the recess will be delayed or eliminated unless we complete
action on this bill prior to the time when it is scheduled to begin so
there can be no misunderstanding in that regard.
Mr. President, I thank my colleagues.
amendment no. 1442
Mr. RIEGLE. I rise in support of amendment No. 1442, the D'Amato
amendment, to H.R. 3759, the Supplemental Appropriations Act, which
relates to the extension of the statute of limitations for tort actions
at failed savings and loans. I support the efforts of Senator
Metzenbaum and Senator D'Amato to lengthen the statute of limitations
at failed savings and loans which will assist the regulators in their
efforts to recover money from wrongdoers for the American taxpayers. I
have supported such efforts each time the issue has been raised in the
Banking Committee or on the floor. However, I do wish to register my
disappointment that this provision does not go as far as what had
passed the Senate last session which would have extended the statute of
limitations for all tort violations, not just for instances of fraud or
intentional misconduct or certain other intentional offenses.
The PRESIDING OFFICER. Is there further debate? If not, the question
is on agreeing to the amendment of the Senator from New York [Mr.
D'Amato].
The yeas and nays have been ordered and the clerk will call the roll.
The legislative clerk called the roll.
Mr. FORD. I announce that the Senator from New Mexico [Mr. Bingaman]
and the Senator from New Jersey [Mr. Bradley] are necessarily absent.
I also announce that the Senator from Maryland [Ms. Mikulski] is
absent because of illness.
I further announce that, if present and voting, the Senator from
Maryland [Ms. Mikulski] would vote ``aye.''
Mr. SIMPSON. I announce that the Senator from Texas [Mr. Gramm] and
the Senator from Texas [Mrs. Hutchison] are necessarily absent.
The result was announced--yeas 95, nays 0, as follows:
[Rollcall Vote No. 36 Leg.]
YEAS--95
Akaka
Baucus
Bennett
Biden
Bond
Boren
Boxer
Breaux
Brown
Bryan
Bumpers
Burns
Byrd
Campbell
Chafee
Coats
Cochran
Cohen
Conrad
Coverdell
Craig
D'Amato
Danforth
Daschle
DeConcini
Dodd
Dole
Domenici
Dorgan
Durenberger
Exon
Faircloth
Feingold
Feinstein
Ford
Glenn
Gorton
Graham
Grassley
Gregg
Harkin
Hatch
Hatfield
Heflin
Helms
Hollings
Inouye
Jeffords
Johnston
Kassebaum
Kempthorne
Kennedy
Kerrey
Kerry
Kohl
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
Mathews
McCain
McConnell
Metzenbaum
Mitchell
Moseley-Braun
Moynihan
Murkowski
Murray
Nickles
Nunn
Packwood
Pell
Pressler
Pryor
Reid
Riegle
Robb
Rockefeller
Roth
Sarbanes
Sasser
Shelby
Simon
Simpson
Smith
Specter
Stevens
Thurmond
Wallop
Warner
Wellstone
Wofford
NOT VOTING--5
Bingaman
Bradley
Gramm
Hutchison
Mikulski
So, the amendment (No. 1442), as amended, was agreed to.
Mr. D'AMATO. Mr. President, I move to reconsider the vote by which
the amendment was agreed to.
Mr. BYRD. You do not need to reconsider something 95 to nothing. Not
that many are going to change.
Mr. BYRD. Mr. President, I have five amendments that have been agreed
to on both sides.
Mr. McCAIN. Will the Senator yield to allow me to make a 1-minute
statement?
Mr. BYRD. I yield.
____________________