[Congressional Record Volume 141, Number 11 (Thursday, January 19, 1995)]
[Senate]
[Pages S1238-S1241]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______


                         UNFUNDED MANDATES ACT

                                 ______


                     GRAMM AMENDMENTS NOS. 149-150

  (Ordered to lie on the table.)
  Mr. GRAMM submitted two amendments, intended to be proposed by him, 
to the 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; as follows:

                           Amendment No. 149

       At the end of the amendment, insert the following:
       ``(  ) Amended bills and joint resolutions: conference 
     reports.--If a bill or joint resolution is passed in an 
     amendment form (including if passed by one House as an 
     amendment in the nature of a substitute for the text of a 
     bill or joint resolution from the other House) or is reported 
     by a committee of conference in amended form, the committee 
     of conference shall ensure, to the greatest extent 
     practicable, that the Director shall prepare a statement as 
     provided in paragraph (1) or a supplemental statement for the 
     bill or joint resolution in that amended form.''
                                                                    ____


                           Amendment No. 150

       At the end of the amendment, insert the following:
       Waiver.--Subsections (c) and (d) of section 904 of the 
     Congressional Budget and Impoundment Control Act of 1974 are 
     amended by inserting ``408(c),'' after ``313,''.
                                 ______


                LIEBERMAN (AND OTHERS) AMENDMENT NO. 151

  Mr. LIEBERMAN (for himself, Mr. Kerry, Mr. Levin, Mr. Lautenberg, Mr. 
Bumpers, Mr. Dorgan, Mr. Glenns, Mr. Kerrey, Mr. Wellstone, and Ms. 
Moseley-Braun) proposed an amendment to amendment No. 31 proposed by 
Mr. Gorton to the bill S. supra; as follows:

       At the end of the amendment, add the following:
       ``(6) Exclusion.--For purposes of paragraph (1)(B), the 
     term `Federal intergovernmental mandates' shall not include a 
     provision in any bill, joint resolution, amendment, motion, 
     or conference report that would apply in the same manner to 
     the activities, facilities, or services of State, local, or 
     tribal governments and the private sector.
                                 ______


             LIEBERMAN (AND OTHERS) AMENDMENT NOS. 151-154

  (Ordered to lie on the table.)
  Mr. LIEBERMAN (for himself, Mr. Kerry, Mr. Levin, Mr. Lautenberg, Mr. 
Bumpers, and Mr. Dorgan) submitted four amendments intended to be 
proposed by them to the bill, S. 1, supra; as follows:

                           Amendment No. 151

       At the end of the amendment, add the following:
       ``(6) Exclusion.--For purposes of paragraph (1)(B), the 
     term ``Federal intergovernmental mandates' shall not include 
     a provision in any bill, joint resolution, amendment, motion, 
     or conference report that would apply in the same manner to 
     the activities, facilities, or services of State, local, or 
     tribal governments and the private sector.
                                                                    ____


                           Amendment No. 152

       At the appropriate place, add the following:
       ``(6) Exclusion.--For purposes of paragraph (1)(B), section 
     408(c), the term `Federal intergovernmental mandates' shall 
     not include a provision in any bill, joint resolution, 
     amendment, motion, or conference report that would apply in 
     the same manner to the activities, facilities, or services of 
     State, local, or tribal governments and the private sector.
                                                                    ____


                           Amendment No. 153

       At the appropriate place, add the following:
       ``(6) Exclusion.--For purposes of paragraph (1)(B), section 
     408(c), the term `Federal intergovernmental mandates' shall 
     not include a provision in any bill, joint resolution, 
     amendment, motion, or conference report that would apply in 
     the same manner to the activities, facilities, or services of 
     State, local, or tribal governments and the private sector.
                                                                    ____


                           Amendment No. 154

       At the appropriate place, add the following:
       ``(6) Exclusion.--For purposes of paragraph (1)(B), section 
     408(c), the term ``Federal intergovernmental mandates' shall 
     not include a provision in any bill, joint resolution, 
     amendment, motion, or conference report that would apply in 
     the same manner to the activities, facilities, or services of 
     State, local, or tribal governments and the private sector.
                                 ______


                      KOHL AMENDMENTS NOS. 155-157

  (Ordered to lie on the table.)
  Mr. KOHL submitted three amendments intended to be proposed by him to 
the bill, S. 1, supra; as follows:
[[Page S1239]]
                           Amendment No. 155

       In lieu of the language proposed to be inserted on page 24, 
     line 21, insert the following: ``; and
       ``(v) the bill, joint resolution, amendment, motion, or 
     conference report provides that any State, local, or tribal 
     government that already complies with the Federal 
     intergovernmental mandates included in the bill, joint 
     resolution, amendment, motion, or conference report shall not 
     be ineligible to receive funds for the cost of the mandate, 
     including the costs the State, local, or tribal government is 
     currently paying and any additional costs necessary to meet 
     the new mandate.
                                                                    ____


                           Amendment No. 156

       In lieu of the language proposed to be inserted on page 24, 
     line 21, insert the following: ``; and
       ``(v) the bill, joint resolution, amendment, motion, or 
     conference report provides that any State, local, or tribal 
     government that already complies with the Federal 
     intergovernmental mandates included in the bill, joint 
     resolution, amendment, motion, or conference report can be 
     eligible to receive funds for the cost of the mandate, 
     including the costs the State, local, or tribal government is 
     currently paying and any additional costs necessary to meet 
     the new mandate.
                                                                    ____


                           Amendment No. 157

       In lieu of the language proposed to be inserted on page 24, 
     line 21, insert the following: ``; and
       ``(v) the bill, joint resolution, amendment, motion, or 
     conference report provides that any State, local, or tribal 
     government that already complies with the Federal 
     intergovernmental mandates included in the bill, joint 
     resolution, amendment, motion, or conference report shall be 
     eligible, subject to any conditions to receive funds for the 
     cost of the mandate, including the costs the State, local, or 
     tribal government is currently paying and any additional 
     costs necessary to meet the new mandate.
                                 ______


                     GLENN AMENDMENTS NOS. 158-159

  (Ordered to lie on the table.)
  Mr. GLENN submitted two amendments intended to be proposed by him to 
the bill, S. 1, supra; as follows: 

                           Amendment No. 158

       On page 2, line 4, after ``Senate'', insert ``, after third 
     reading or at any other time when no further amendments are 
     in order.''.
                                                                    ____


                           Amendment No. 159

       At line 2, after ``prohibit'', insert ``or prevent''.
                                 ______


                        BOXER AMENDMENT NO. 160

  (Ordered to lie on the table.)
  Mrs. BOXER submitted an amendment intended to be proposed by her to 
the bill, S. 1, supra; as follows:

       At the end of amendment No. 42 add the following:

     SEC.   . SENSE OF THE CONGRESS REGARDING ILLEGAL IMMIGRATION.

       It is the sense of the Congress that--
       (1) the requirements of this Act relating to Federal 
     intergovernmental mandates should apply to--
       (A) any provision in legislation, statute, or regulation, 
     that would impose costs upon State, local, or tribal 
     governments to provide services to illegal immigrants; and
       (B) any failure of the Federal government to meet a Federal 
     responsibility that results in costs to State, local, or 
     tribal governments with respect to illegal immigrants on or 
     after the date of enactment of this Act of 1995; and
       (2) not later than 3 months after the date of enactment of 
     this Act, the Advisory Commission on Intergovernmental 
     Relations should develop a plan for reimbursing State, local, 
     and tribal governments for costs associated with providing 
     services to illegal immigrants based on the best available 
     cost and revenue estimates, including--
       (A) education;
       (B) incarceration; and
       (C) health care.
                                 ______


                    BINGAMAN AMENDMENTS NOS. 161-163

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted three amendments intended to be proposed by 
him to the bill, S. 1, supra; as follows:

                           Amendment No. 161

       Insert on p. 13, line 9:
       ``(7) is a condition of receipt of a Federal license.''
                                                                    ____


                           Amendment No. 162

       Insert on p. 13, line 9:
       ``(7) constitutes a law enforcement provision relating to 
     organized crime.''
                                                                    ____


                           Amendment No. 163

       Insert on p. 13, line 9:
       ``(7) is a requirement for the treatment or disposal of 
     nuclear and hazardous waste.
                                 ______


                     GRAHAM AMENDMENTS NOS. 164-166

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted three amendments intended to be proposed by him 
to the bill, S. 1, supra; as follows:

                           Amendment No. 164

       At the appropriate place, insert the following:

     SEC.  . EFFECTIVE DATE.

       Title III shall take effect on July 1, 1995.
                                                                    ____


                           Amendment No. 165

       On page 6, strike line 3 and all that follows through line 
     10, and insert the following:
       ``(ii) would reduce or eliminate the amount of 
     authorization of appropriations for--
       ``(I) Federal financial assistance that would be provided 
     to States, local governments, or tribal governments for the 
     purpose of complying with any such previously imposed duty 
     unless such duty is reduced or eliminated by a corresponding 
     amount; or
       ``(II) the exercise of powers relating to immigration that 
     are the responsibility or under the authority of the Federal 
     Government and whose reduction or elimination would result in 
     a shifting of the costs of addressing immigration expenses to 
     the States, local governments, and tribal governments; or
                                                                    ____


                           Amendment No. 166

       On page 16, between lines 12 and 13, insert the following:
       ``(iii) if funded in whole or in part, a statement of 
     whether and how the committee has created a mechanism to 
     allocate the funding in a manner that is reasonably 
     consistent with the expected direct costs to each State, 
     local, and tribal government.
                                 ______


               BOXER (AND OTHERS) AMENDMENTS NOS. 167-168

  (Ordered to lie on the table.)
  Mrs. BOXER (for herself, Mrs. Murray, Mr. Feingold, Mr. Kennedy, Mr. 
Campbell, Mr. Simon, Mr. Lautenberg, Mr. Dodd, Mr. Baucus, Mr. Levin, 
Mr. Lieberman, Ms. Moseley-Braun, Mr. Harkin, Mr. Pell, Mr. Inouye, Ms. 
Mikulski, Mrs. Feinstein, Mr. Reid, and Mr. Wellstone) submitted two 
amendments intended to be proposed by them to the bill, S. 1, supra, as 
follows:

                           Amendment No. 167

       At the appropriate place, insert the following new section:

     SEC.   . SENSE OF THE SENATE CONCERNING PROTECTION OF 
                   REPRODUCTIVE HEALTH CLINICS.

       (a) Findings.--Congress finds that--
       (1) there are approximately 900 clinics in the United 
     States providing reproductive health services;
       (2) violence directed at persons seeking to provide 
     reproductive health services continues to increase in the 
     United States, as demonstrated by the recent shootings at two 
     reproductive health clinics in Massachusetts and another 
     health care clinic in Virginia;
       (3) organizations monitoring clinic violence have recorded 
     over 130 incidents of violence or harassment directed at 
     reproductive health care clinics and their personnel in 1994 
     such as death threats, stalking, chemical attacks, bombings 
     and arson;
       (4) there has been one attempted murder in Florida and four 
     individuals killed at reproductive health care clinics in 
     Florida and Massachusetts in 1994;
       (5) the Congress passed and the President signed the 
     Freedom of Access to Clinic Entrances Act of 1994, a law 
     establishing Federal criminal penalties and civil remedies 
     for certain violent, threatening, obstructive and destructive 
     conduct that is intended to injure, intimidate or interfere 
     with persons seeking to obtain or provide reproductive health 
     services;
       (6) violence is not a mode of free speech and should not be 
     condoned as a method of expressing an opinion;
       (7) persons exercising their constitutional rights and 
     acting completely within the law are entitled to full 
     protection from the Federal Government;
       (8) the Freedom of Access to Clinic Entrances Act of 1994 
     imposes a mandate on the Federal Government to protect 
     individuals seeking to obtain or provide reproductive health 
     services; and
       (9) the President has instructed the Attorney General to 
     order--
       (A) the United States Attorneys to create task forces of 
     Federal, State and local law enforcement officials and 
     develop plans to address security for reproductive health 
     care clinics located within their jurisdictions; and
       (B) the United States Marshals Service to ensure 
     coordination between clinics and Federal, State and local law 
     enforcement officials regarding potential threats of 
     violence.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the United States Attorney General should fully enforce 
     the law and take any further necessary measures to protect 
     persons seeking to provide or obtain, or assist in providing 
     or obtaining, reproductive health services from violent 
     attack.
                                                                    ____


                           Amendment No. 168

At the appropriate place insert the following new section:
[[Page S1240]]
     SEC.   . SENSE OF THE SENATE CONCERNING PROTECTION OF 
                   REPRODUCTIVE HEALTH CLINICS.

       (a) Findings.--Congress finds that--
       (1) there are approximately 900 clinics in the United 
     States providing reproductive health services;
       (2) violence directed at persons seeking to provide 
     reproductive health services continues to increase in the 
     United States, as demonstrated by the recent shootings at two 
     reproductive health clinics in Massachusetts and another 
     health care clinic in Virginia;
       (3) organizations monitoring clinic violence have recorded 
     over 130 incidents of violence or harassment directed at 
     reproductive health care clinics and their personnel in 1994 
     such as death threats, stalking, chemical attacks, bombings 
     and arson;
       (4) there has been one attempted murder in Florida and four 
     individuals killed at reproductive health care clinics in 
     Florida and Massachusetts in 1994;
       (5) the Congress passed and the President signed the 
     Freedom of Access to Clinic Entrances Act of 1994, a law 
     establishing Federal criminal penalties and civil remedies 
     for certain violent, threatening, obstructive and destructive 
     conduct that is intended to injure, intimidate or interfere 
     with person seeking to obtain or provide reproductive health 
     services;
       (6) violence is not a mode of free speech and should not be 
     condoned as a method of expressing an opinion; and
       (7) the President has instructed the Attorney General to 
     order--
       (A) the United States Attorneys to create task forces of 
     Federal, State and local law enforcement officials and 
     develop plans to address security for reproductive health 
     care clinics located within their jurisdictions; and
       (B) the United States Marshals Service to ensure 
     coordination between clinics and Federal, State and local law 
     enforcement officials regarding potential threats of 
     violence.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the United States Attorney General should fully enforce 
     the law and protect persons seeking to provide or obtain, or 
     assist in providing or obtaining, reproductive health 
     services from violent attack.
       (c) nothing in this resolution shall be construed to 
     prohibit any expressive conduct (including peaceful picketing 
     or other peaceful demonstration) protected from legal 
     prohibition by the First Amendment to the Constitution.
                                 ______


                 NICKLES (AND OTHERS) AMENDMENT NO. 169

  Mr. NICKLES (for himself, Mr. Domenici, and Mr. Shelby) proposed an 
amendment to amendment No. 31 proposed by Mr. Gorton to the bill S. 1, 
supra; as follows:

       At the end of the pending amendment, add the following:
       (6) Notwithstanding any other provision of this Act, an 
     agency statement prepared pursuant to Section 202(a) shall 
     also be prepared for a Federal Private Sector Mandate that 
     may result in the expenditure by State, local, tribal 
     governments, or the private sector, in the aggregate, of 
     $100,000,000 or more (adjusted annually for inflation by the 
     Consumer Price Index) in any 1 year.
                                 ______


                 LEVIN (AND McCONNELL) AMENDMENT NO 170

  Mr. LEVIN (for himself and Mr. McConnell) proposed an amendment to 
the bill S. 1, supra; as follows:

       On page 12, line 18, insert ``age'' after ``gender,''.
                                 ______


                 WELLSTONE (AND DODD) AMENDMENT NO. 171

  Mr. WELLSTONE (for himself and Mr. Dodd) proposed an amendment to 
amendment No. 31 proposed by Mr. Gorton to the bill S. 1, supra; as 
follows:

       At the end of the language proposed to be inserted, add the 
     following:

     SEC.   . CHILDREN'S IMPACT STATEMENT.

       Consideration of any bill or joint resolution of a public 
     character reported by any committee of the Senate or of the 
     House of Representatives that is accompanied by a committee 
     report that does not contain a detailed analysis of the 
     probable impact of the bill or resolution on children, 
     including whether such bill or joint resolution will increase 
     the number of children who are hungry or homeless, shall not 
     be in order.
                                 ______


                     LEVIN AMENDMENTS NOS. 172-177

  (Ordered to lie on the table.)
  Mr. LEVIN submitted six amendments intended to be proposed by him to 
the bill S. 1, supra; as follows:

                           Amendment No. 172

       On page 38, after line 25 insert the following:

     ``SEC. 205. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect with respect to regulations proposed on or after 
     January 1, 1996.''
                                                                    ____


                           Amendment No. 173

       On page 26, between lines 5 and 6 insert the following:
       (e) Requests From Senators.--At the written request of a 
     Senator, the Director shall, to the extent practicable, 
     prepare an estimate of the direct cost of a Federal 
     intergovernmental mandate contained in a bill, joint 
     resolution, amendment or motion of such Member.
                                                                    ____


                           Amendment No. 174

       On page 17, insert between lines 17 and 18 the following 
     new paragraph:
       ``(7) Committee determinations of mandate disadvantageous 
     to private sector; waiver of point of order.--If a committee 
     of authorization of the Senate or the House of 
     Representatives determines based on the statement required 
     under determines based on the statement required under 
     paragraph (3)(C) that there would be a significant 
     competitive disadvantage to the private sector if a Federal 
     mandate contained in the legislation to which the statement 
     applies were waived for State, local and tribal governments 
     or the costs of such mandate to the State, local, and tribal 
     governments were paid by the Federal Government, then no 
     point of order under subsection (c)(1)(B) will lie.
                                                                    ____


                           Amendment No. 175

       On page 33, strike out lines 9 through 12 and insert in 
     lieu thereof the following:

     SEC. 107. SENATE JOINT HEARINGS ON UNFUNDED FEDERAL MANDATES

       No later than December 31, 1998, the Senate Governmental 
     Affairs Committee and the Senate Budget Committee shall hold 
     joint hearings on the operations of the amendments made by 
     this title and report to the full Senate on their findings 
     and recommendations.

     SEC. 108. EFFECTIVE DATE.

       This title and the amendments made by this title shall--
       (1) take effect on January 1, 1996;
       (2) apply only to legislation considered on or after 
     January 1, 1996; and
       (3) have no force or effect on and after January 1, 2002.
                                                                    ____


                           Amendment No. 176

       On page 24, line 18, strike out ``mandate to be 
     ineffective'' and insert in lieu thereof ``mandate to be 
     ineffective as applied to State, local, and tribal 
     governments''.
                                                                    ____


                           Amendment No. 177

       On page 14, line 19 strike ``expected''.
       On page 22, line 12 strike ``estimated''.
       On page 22, line 22 strike ``estimated''.
       On page 23, line 2 strike ``estimated''.
       On page 23, line 4 and 5 strike ``a specific dollar amount 
     estimate of the full'' and insert in lieu thereof ``the''.
       On page 24, line 8 strike ``estimated''.
       On page 24, line 15 strike ``estimated''.
                                 ______


                 DORGAN (AND HARKIN) AMENDMENT NO. 178

  (Ordered to lie on the table.)
  Mr. DORGAN (for himself and Mr. Harkin) submitted an amendment 
intended to be proposed by them to the bill, S. 1, supra; as follows:

       At the end of the bill, add the following:

              TITLE V--INTEREST RATE REPORTING REQUIREMENT

     SEC. 501. REPORT BY BOARD OF GOVERNORS OF THE FEDERAL RESERVE 
                   SYSTEM.

       (a) Report Required.--Not later than 30 days after the 
     Board or the Committee takes any action to change the 
     discount rate or the Federal funds rate, the Board shall 
     submit a report to the Congress and to the President which 
     shall include a detailed analysis of the projected costs of 
     that action, and the projected costs of any associated 
     changes in market interest rates, during the 5-year period 
     following that action.
       (b) Contents.--The report required by subsection (a) shall 
     include an analysis of the costs imposed by such action on--
       (1) Federal, State, and local government borrowing, 
     including costs associated with debt service payments; and
       (2) private sector borrowing, including costs imposed on--
       (A) consumers;
       (B) small businesses;
       (C) homeowners; and
       (D) commercial lenders.
       (c) Definitions.--For purposes of this section--
       (1) the term ``Board'' means the Board of Governors of the 
     Federal Reserve System; and
       (2) the term ``Committee'' means the Federal Open Market 
     Committee established under section 12A of the Federal 
     Reserve Act.
                                 ______


                        DORGAN AMENDMENT NO. 179

  (Ordered to lie on the table.)
  Mr. DORGAN submitted an amendment intended to be proposed by him to 
the bill, S. 1, supra; as follows:

       At the appropriate place, insert the following:

     SEC.  . CALCULATION OF THE CONSUMER PRICE INDEX.

       (a) Findings.--The Senate makes the following findings:
       (1) The Chairman of the Board of Governors of the Federal 
     Reserve System has [[Page S1241]] maintained that the current 
     Consumer Price Index overstates inflation by as much as 50 
     percent.
       (2) Other expert opinions on the Consumer Price Index range 
     from estimates of a modest overstatement to the possibility 
     of an understatement of the rate of inflation.
       (3) Some leaders in the Congress have called for an 
     immediate change in the way in which the Consumer Price Index 
     is calculated.
       (4) Changing the Consumer Price Index in the manner 
     recommended by the Board of Governors of the Federal Reserve 
     System would result in both reductions in Social Security 
     benefits and increases in income taxes.
       (5) The Bureau of Labor Statistics, which has 
     responsibility for the Consumer Price Index, has been working 
     to identify and correct problems with the way in which the 
     Consumer Price Index is now calculated.
       (6) Calculation of the Consumer Price Index should be based 
     on sound economic principles and not on political pressure.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) a precipitous change in the calculation of the Consumer 
     Price Index that would result in an increase in income taxes 
     and a decrease in Social Security benefits is not the 
     appropriate way to resolve this issue; and
       (2) any change in the calculation of the Consumer Price 
     Index should result from thoughtful study and analysis and 
     should be a result of a consensus reached by the experts, not 
     pressure exerted by politicians.
                                 ______


                 DORGAN (AND OTHERS) AMENDMENT NO. 180

  (Ordered to lie on the table.)

  Mr. DORGAN (for himself, Mrs. Kassebaum, and Mr. Reid) submitted an 
amendment intended to be proposed by them to the bill, S. 1, supra; as 
follows:

       On page 38 after line 25, insert the following:

     SEC. 205. TERMINATION OF REQUIREMENTS FOR METRIC SYSTEM OF 
                   MEASUREMENT.

       (a) In General.--Subject to subsection (b) and (c) and 
     notwithstanding any other provision of law, no department, 
     agency, or other entity of the Federal Government may require 
     that any State, local, or tribal government utilize a metric 
     system of measurement.
       (b) Exception.--A department, agency, or other entity of 
     the Federal Government may require the utilization of a 
     metric system of measurement by a State, local, or tribal 
     government in a particular activity, project, or transaction 
     that is pending on the date of the enactment of this Act if 
     the head of such department, agency, or other entity 
     determines that the termination of such requirement with 
     respect to such activity, project, or transaction will result 
     in a substantial additional cost to the Federal Government in 
     such activity, project, or transaction.
       (c) Sunset.--Subsection (a) shall cease to be effective on 
     October 1, 1997.
       On page 41, between lines 2 and 3, insert the following:
       (4) Treatment of requirement for metric systems of 
     measurement.--
       (A) Treatment.--For purposes of paragraphs (1) and (2), the 
     Commission shall consider requirements for metric systems of 
     measurement to be unfunded mandates.
       (B) Definition.--In this paragraph, the term ``requirements 
     for metric systems of measurement'' means requirements of the 
     departments, agencies, and other entities of the Federal 
     Government that State, local, and tribal governments utilize 
     metric systems of measurement.

                          ____________________