[Congressional Record Volume 141, Number 10 (Wednesday, January 18, 1995)]
[Senate]
[Pages S1024-S1025]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      UNFUNDED MANDATE REFORM ACT

  The PRESIDING OFFICER. The clerk will report the pending business.
  The legislative clerk read as follows:

       A bill (S. 1) to curb the practice of imposing unfunded 
     Federal mandates on States and local governments; to 
     strengthen the partnership between the Federal Government and 
     State, local and tribal governments; to end the imposition, 
     in the absence of full consideration by Congress, of Federal 
     mandates on State, local, and tribal governments without 
     adequate funding, in a manner that may displace other 
     essential governmental priorities; and to ensure that the 
     Federal Government pays the costs incurred by those 
     governments in complying with certain requirements under 
     Federal statutes and regulations, and for other purposes.

  The Senate resumed consideration of the bill.

       Pending:
       Committee amendment No. 11, beginning on page 25, line 11, 
     pertaining to committee jurisdiction.

  The PRESIDING OFFICER. We now return to the pending question, which 
is the committee amendment on page 25, line 11.
  Who seeks recognition?
  Mr. KEMPTHORNE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Idaho.
  Mr. KEMPTHORNE. Mr. President, for the past week, the U.S. Senate has 
renewed debate on the issue of unfunded Federal mandates. Senate bill 
1, which curbs unfunded Federal mandates, is a fundamental change in 
the way we do business in the Congress and it is a fundamental change 
in our relationship with State and local governments.
  As I mentioned when I introduced S.1, Congress has gotten away from 
the fundamentals as envisioned by our Founding Fathers. We shouldn't be 
here to dictate to the States. We are to be here on behalf of our 
States--representing and protecting the interests of each sovereign 
State.
  Mr. President, each of the States, and more than 87,000 other 
municipalities are anxiously and carefully following this debate on 
unfunded mandates and more importantly, the 10th amendment, as it 
unfolds here on the floor of the Senate.
  But they're not just watching the debate; they are following our 
lead. In my home State of Idaho, the State legislature is ready to 
address the issue of unfunded State mandates. Our new Governor, Phil 
Batt, pledged to stem the flow of unfunded mandates from the State onto 
Idaho's cities and counties.
  Legislation has now been introduced to do just that, and this 
afternoon, Mr. President, the Idaho State Senate's Local Government and 
Taxation Committee will hold it's first hearing on Senate bill 1003, 
Idaho's Community Regulatory Relief Act introduced by State Senator Rod 
Beck.
  Governor Batt and Senator Beck should be applauded for recognizing 
that we not only must improve the partnership between Federal and State 
governments, but also between State and local governments.
  Mr. President, I would also add that this morning, the Idaho State 
Senate passed a joint memorial--Senate Joint Memorial No. 102--similar 
to resolutions and memorials passed by several other States which calls 
on the Federal Government to observe the 10th amendment to the 
Constitution and to ended mandates that are beyond the scope of its 
constitutionally delegated powers. Our distinguished majority leader, 
Senator Dole, has pledged to help this body remember the 10th 
amendment, and each week the Senate is in session he will insert the 
10th amendment into the Congressional Record.
  Again, Mr. President, our efforts here in Congress to own up to our 
responsibilities and to stop shifting our burdens onto States and local 
government are not going unnoticed. I'm proud to be a part of this 
great movement to restore trust in this institution, to enhance our 
partnership with States and local governments, and to see the States 
establishing similar partnerships with cities and counties.
  Mr. President, I ask unanimous consent that following my suggestion 
that there is an absence of a quorum, I will retain the floor so that 
we can proceed.
  Mrs. BOXER. Mr. President, parliamentary inquiry.
  The PRESIDING OFFICER. Is the Senator suggesting the absence of a 
quorum?
  Mr. KEMPTHORNE. Mr. President, yes.
  The PRESIDING OFFICER. The clerk will call the roll.
  Mrs. BOXER. Mr. President, may I make a parliamentary inquiry before 
the quorum?
  The PRESIDING OFFICER. Does the Senator from Idaho withhold his 
suggestion of the absence of a quorum so that the Senator from 
California may make a parliamentary inquiry?
  Mr. KEMPTHORNE. Yes, I would withhold.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Mr. President, I would just like to know exactly where we 
are because I was intending to offer a second-degree amendment to one 
of the committee amendments. I wanted to make sure that would still be 
in order at this point.
  The PRESIDING OFFICER. The Senator from Idaho has the floor. 
Amendments to the committee amendment are in order.
  The Senator from Idaho.
  Mr. KEMPTHORNE. Mr. President, I thank the Chair.
   [[Page S1025]] Mr. President, now that we have both managers on this 
bill, I would like to proceed and lay out what course of action we 
would like to follow. What I will be doing is seeking a unanimous-
consent agreement so that the pending amendment before us can be laid 
aside.
  The reason that I will make that request is because a motion to table 
that last night was not successful. During the hours since then, 
different concerned Senators have been discussing what sort of 
modifications might be made to that amendment language. Since there has 
been no agreement at this time, it will be my request that we lay that 
aside so we can then take up the next pending committee amendment which 
would be before us. We would dispense with that committee amendment so 
that we can keep moving. So that is going to be my intent.
  Again, as I just confer with the other manager, I would again suggest 
the absence of a quorum.
  The PRESIDING OFFICER. The absence of a quorum has been suggested. 
The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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