[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.

                          ____________________