[Congressional Record Volume 141, Number 14 (Tuesday, January 24, 1995)]
[Senate]
[Pages S1396-S1398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      UNFUNDED MANDATE REFORM ACT

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of S. 1, which the clerk will report.
  The assistant 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 continued with the consideration of the bill.

       Pending:
       Hatfield amendment No. 181, to increase the overall economy 
     and efficiency of Government operations and enable more 
     efficient use of Federal funding, by enabling local 
     governments and private, nonprofit organizations to use 
     amounts available under certain Federal assistance programs 
     in accordance with approved local flexibility plans.
       Dorgan-Harkin amendment No. 178, to require the Board of 
     Governors of the Federal Reserve System to submit a report to 
     the Congress and to the President each time the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee takes any action changing the discount rate, 
     the Federal funds rate, or market interest rates.
       Hollings amendment No. 182, to express the sense of the 
     Senate concerning Congressional enforcement of a balanced 
     budget.
       Graham amendment No. 183, to require a mechanism to 
     allocate funding in a manner that reflects the direct costs 
     to individual State, local, and tribal governments.
       Graham amendment No. 184, to provide a budget point of 
     order if a bill, resolution, or amendment reduces or 
     eliminates funding for duties that are the constitutional 
     responsibility of the Federal Government.
       Wellstone amendment No. 185, to express the sense of the 
     Congress that the Congress 
     [[Page S1397]] shall continue its progress at reducing the 
     annual Federal deficit.
       Wellstone amendment No. 186 (to amendment No. 185), of a 
     perfecting nature.
       Murray amendment No. 187, to exclude from the application 
     of the Act agreements with State, local, and tribal 
     governments and the private sector with respect to 
     environmental restoration and waste management activities of 
     the Department of Defense and the Department of Energy.
       Murray amendment No. 188, to require time limitations for 
     Congressional Budget Office estimates.
       Graham amendment No. 189, to change the effective date.
       Levin amendment No. 172, to provide that title II, 
     Regulatory Accountability and Reform, shall apply only after 
     January 1, 1996.
       Levin amendment No. 173, to provide for an estimate of the 
     direct cost of a Federal intergovernmental mandate.
       Levin amendment No. 174, to provide that if a committee 
     makes certain determinations, a point of order will not lie.
       Levin amendment No. 175, to provide for Senate hearings on 
     title I, and to sunset title I in the year 2002.
       Levin amendment No. 176, to clarify the scope of the 
     declaration that a mandate is ineffective.
       Levin amendment No. 177, to clarify the use of the term 
     ``direct cost''.
       Dorgan amendment No. 179, to express the sense of the 
     Senate regarding calculation of the Consumer Price Index.
       Harkin amendment No. 190, to express the sense of the 
     Senate regarding the exclusion of Social Security from 
     calculations required under a balanced budget amendment to 
     the Constitution.
       Bingaman amendment No. 191, to provide that certain 
     legislation shall always be in order.
       Bingaman amendment No. 192, to establish the application to 
     requirements relating to the treatment and disposal of 
     radioactive waste.
       Kohl amendment No. 193, to provide that any State, local, 
     or tribal government that already complies with a new Federal 
     intergovernmental mandate shall be eligible to receive funds 
     for the costs of the mandate.
       Bingaman amendment No. 194, to establish an application to 
     provisions relating to or administrated by independent 
     regulatory agencies.
       Glenn amendment No. 195, to end the practice of unfunded 
     Federal mandates on States and local governments and to 
     ensure the Federal Government pays the costs incurred by 
     those governments in complying with certain requirements 
     under Federal statutes and regulations.
       Kempthorne amendment No. 196 (to amendment No. 190), to 
     express the sense of the Senate that any legislation required 
     to implement a balanced budget amendment to the U.S. 
     Constitution shall specifically prevent Social Security 
     benefits from being reduced or Social Security taxes from 
     being increased to meet the balanced budget requirement.
       Glenn amendment No. 197, to have the point of order lie at 
     only two stages: (1) against the bill or joint resolution, as 
     amended, just before final passage, and (2) against the bill 
     or joint resolution as recommended by conference, if 
     different from the bill or joint resolution as passed by the 
     Senate.
       McCain amendment No. 198, to modify the exemption for 
     matter within the jurisdiction of the Committees on 
     Appropriations.
       Lautenberg amendment No. 199, to exclude from the 
     application of the Act provisions limiting known human (Group 
     A) carcinogens defined by the Environmental Protection 
     Agency.

  Mr. KEMPTHORNE. Mr. President, today we begin the seventh day of 
debate on S. 1, the bill to curb unfunded Federal mandates. I believe 
we are beginning to see progress. We have had good discussion on this. 
I think Senators from both sides of the aisle feel that we have an 
atmosphere where they can make their statements, offer their 
amendments. Yesterday, 27 Democratic amendments were filed; 4 
Republican amendments were filed. Today after 4 o'clock there will be 
votes on four amendments that had been presented.
  I know that we have a number of Senators today who will be filing 
their amendments and I encourage them to do so, so we can get to those 
who have amendments, ensure that they are properly before us so we can 
deal with them and have the discussion.
  I would like to read, Mr. President, one paragraph from the 1995 
National League of Cities' opinion survey report.
  I ask unanimous consent that the entire report be made part of the 
Record, and I will only read the first paragraph which says:

       Assuring public safety, curbing unfunded federal mandates, 
     and building strong local economies are the most important 
     priorities for America's cities and towns, according to the 
     National League of Cities' annual opinion survey of municipal 
     officials.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                  1995 NLC Opinion Survey News Release

       Assuring public safety, curbing unfunded federal mandates, 
     and building strong local economies are the most important 
     priorities for America's cites and towns, according to the 
     National League of Cities' annual opinion survey of municipal 
     officials.
       ``This agenda--safety, governmental accountability and a 
     sound economy--reflects what is most important now and for 
     the future well-being of our nation's cities and towns. It 
     represents a ``Contract for Americans'' that unites local 
     government leaders throughout the country,'' said NLC 
     President Carolyn Long Banks, councilwoman-at-large of 
     Atlanta.
       The NLC survey, conducted in October and November, found 
     that public safety dominated the assessment of current 
     problems and future concerns. The findings, are based on 
     responses by 382 elected municipal officials drawn from a 
     random sample in cities with populations or 10,000 or more.
       Five of the top six most deteriorated conditions reported 
     by local officials involved crime and violence: youth crime, 
     gangs, violent crime, drugs, and school violence. Three of 
     the ten ``most important conditions to address'' in the next 
     two years relate to public safety: violent crime, youth crime 
     and gangs.
       Unfunded mandates--laws or regulations imposed on cities, 
     but without funding by federal or state governments--
     continued as the top single issue adversely affecting local 
     governments. Mandates led the list of conditions which 
     worsened in 1994, which deteriorated the most over the past 
     five years, and which were most important to address in the 
     next two years.
       Nearly half of the survey respondents reported improving 
     local economic conditions for the second year in a row. At 
     the same time, attention to economic matters remained a major 
     concern for the future, appearing in four of most important 
     issues to address in the next two years.
       ``These are the big, pervasive issues that affect the 
     quality of life and the ability to govern responsibly and 
     responsively in our hometown communities,'' said Banks.
       ``Making progress with them will make the most difference, 
     for the most good, for the most people, more than anything 
     else, including tax cuts. That's because these are the 
     essential ingredients for a real and lasting empowerment of 
     our citizens and our communities, and that's where the future 
     strength and prosperity of our nation begins,'' she said.
                                                                    ____

   The State of America's Cities: Eleventh Annual Opinion Survey of 
                      Municipal Elected Officials

                       (By Herbert L. Green, Jr.)


                               highlights

       NLC's 1994 survey results are dominated by concerns about 
     public safety and unfunded mandates. Local economies also 
     remained an important concern. Three hundred and eighty two 
     (382) of the nation's municipal officials responded to the 
     survey, which was mailed out before the November elections.

                             Public safety

       Nearly two out of three (63.4 percent) of city officials 
     say that your crime worsened in their locality in 1994.
       Crime and violence dominate the ``most deteriorated 
     conditions'' over the last five years. Five out of the top 6 
     most deteriorated conditions reported by local officials 
     focused on public safety concerns.
       Three out of 10 of the ``most important conditions to 
     address'' in the next two years relate to public safety.
       More municipal elected officials (63.6 percent) selected 
     ``strengthening and supporting family stability'' as one of 
     the top five measures most likely to reduce crime than any 
     other. The next four items on the list are: jobs and targeted 
     economic development (48.4 percent, more police officers 
     (39.8 percent), after-school programs (33.0 percent), and 
     neighborhood watch programs (33.0 percent).
       Fifty five percent of elected officials reported that 
     police/community relations improved in 1994. Thirty seven 
     percent of local officials reported that police/community 
     relations was one of the ``most improved conditions'' over 
     the last five years.

                           Unfunded mandates

       Seventy-five percent (74.6 percent) of municipal elected 
     officials indicated that the impact of unfunded mandates 
     worsened in 1994.
       Mandates topped city officials' list of the ten ``most 
     deteriorated conditions'' over the last 5 years. Thirty-five 
     percent (35.1 percent) of officials indicated that unfunded 
     mandates were the most deteriorated condition over the last 5 
     years.
       Forty-two percent (41.9 percent) of local officials 
     reported that citizens understand well or somewhat the issue 
     of unfunded mandates in 1994. This was a 15 percentage point 
     increase from the 27.5 percent reported by local officials in 
     1993.

                            Local economies

       Four of the top 10 ``most important conditions to address'' 
     in the next two years are related to local economies. More 
     than one-fifth of local officials reported that city fiscal 
     conditions (25.2 percent) and economic conditions (21.1 
     percent) were most important to address during the next two 
     years.
       Forty-eight percent (48.3 percent) of local officials 
     reported improved local economic 
     [[Page S1398]] conditions in 1994, and 46.4 percent of local 
     officials reported that local unemployment conditions 
     improved in 1994.
       At the same time, about one-fifth of other municipal 
     officials reported that the economic conditions and 
     unemployment had worsened in their locality (21.7 percent, 
     and 18.8 percent respectively).

                            Local governance

       Fifty three percent (53.3 percent) of local elected 
     officials indicated that municipal service levels were 
     maintained in 1994. Two-thirds (64.4 percent) of these 
     officials reported that even if city tax rates and fees are 
     not increased in 1995, they will be able to maintain service 
     levels.
       Seventy-one percent of mayors, city council members and 
     other elected officials indicate that their cities and towns 
     are involved in local education reform/improvements efforts.
       Ten percent (9.5 percent) of responding officials indicated 
     that their cities and towns have a formal telecommunications 
     policy for participation on the ``information superhighway.'' 
     Seventy-eight percent of officials indicated that they are 
     either working on or thinking about putting a 
     telecommunication policy in place.
       More than four-fifths (85.6 percent) of local elected 
     officials believe that regional cooperation is important in 
     helping local government achieve its goals.


                                Mandates

       ``So we must keep saying over and over again until the 
     members of the 104th congress heed our cry. `No check, no 
     mandate . . .' For we must accept the challenge our 
     constituents have set before us; the challenge to balance our 
     budgets without expected and uncontrolled costs; the 
     challenge to be in charge of our destiny.''--keynote address, 
     Mayor Sharpe James, President, National League of Cities, 
     Annual Congress of Cities Conference, Minneapolis, MN 
     (December 2, 1994)
       Forty two percent of local officials reported that the 
     citizens in their community understood the issue of unfunded 
     mandates either well or somewhat in 1994. Twenty seven 
     percent of local officials reported that citizens in their 
     communities understood the issue of unfunded mandates either 
     well or somewhat in 1993. Fifty eight percent of officials 
     reported that citizens in their community either understand 
     little about the issue or they do not understand the issue.


                    Overall Conditions and Mandates

       Municipal elected officials (see Chapter 2) reported that 
     overall conditions related to mandates worsened in 1994. 
     Seventy four percent of local officials indicated that 
     unfunded mandates worsened in 1994.
       Unfunded mandates also topped city officials list of ``most 
     deteriorated conditions,'' over the last 5 years. When local 
     officials were asked about the most deteriorated conditions 
     in the last five years, 35.1 percent of them indicated that 
     unfunded mandates was one of the most deteriorated 
     conditions. From a list 26 ``conditions'' unfunded mandates 
     was most often mentioned by city officials.
       When local officials were asked about the most important 
     conditions to address during the next two years, 28.7 percent 
     picked unfunded mandates. Unfunded mandates and (violent 
     crime at 28.4 percent) topped city officials list of the 
     ``most important conditions'' to address in next two years.

  Mr. KEMPTHORNE. Mr. President, this whole study reflects the reason 
the National League of Cities, the U.S. Conference of Mayors, the 
National Governors Association, the National School Board Association, 
and others are so supportive of the efforts of Senate bill 1, as well 
as the variety of entities in the private sector.
  With that, I know that we have Senators who are here to file 
amendments.
  I yield the floor.
  Mr. BYRD addressed the Chair.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, I offer an amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
pending amendments will be set aside.
  The clerk will report.


                           Amendment No. 200

(Purpose: To provide a reporting and review procedure for agencies that 
      receive insufficient funding to carry out a Federal mandate)

  The legislative clerk read as follows:

       The Senator from West Virginia [Mr. Byrd] proposes an 
     amendment numbered 200.

  Mr. BYRD. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 23, strike beginning with line 24 through line 6 on 
     page 25 and insert the following:
       ``(IV)(aa) provides that if for any fiscal year the 
     responsible Federal agency determines that an appropriation 
     Act does not provide for the estimated direct costs of the 
     mandate as set forth in subclause (III), the Federal agency 
     shall (not later than 30 days after the beginning of the 
     fiscal year) notify the appropriate authorizing committees of 
     Congress of the determination and submit legislative 
     recommendations for either implementing a less costly mandate 
     or suspending the mandate for the fiscal year; and
       ``(bb) provides expedited procedures for the consideration 
     of the legislative recommendations referred to in item (aa) 
     by Congress not later than 30 days after the recommendations 
     are submitted to Congress.''

  Mr. BYRD. Mr. President, I ask unanimous consent that further 
consideration of the amendment be delayed until later at such time as I 
may wish to call up the amendment. I offer the amendment simply to 
qualify under the agreement.
  I ask unanimous consent that my amendment be temporarily laid aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BYRD. I thank the Chair.
  Mrs. BOXER addressed the Chair.
  The PRESIDING OFFICER. The Senator from California.


               Amendments Nos. 201, 202, and 203, En Bloc

  Mrs. BOXER. Mr. President, I send to the desk three amendments en 
bloc for the purpose of complying with the unanimous-consent agreement 
of Friday, January 20, and ask that they be temporarily laid aside for 
debate at a later time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 201, 202 and 203) are as follows:
                           Amendment No. 201

       On page 42, after line 25, insert the following:
       (e) Immigration Report.--Not later than 3 months after the 
     date of enactment of this Act, the Advisory Commission shall 
     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--
       (1) education;
       (2) incarceration; and
       (3) health care.
                                                                    ____



                           Amendment NO. 202

       On page 13, line 5, strike ``or'' after the semicolon.
       On page 13, line 8, strike the period and insert ``; or''.
       On page 13, between lines 8 and 9, insert the following:
       (7) provides for the protection of the health of children 
     under the age of 5, pregnant women, or the frail elderly.
                                                                    ____



                           Amendment No. 203

       On page 13, line 5, strike ``or''.
       On page 13, line 8, strike the period and insert ``; or''.
       On page 13, between lines 8 and 9, insert the following new 
     paragraph:
       ``(7) is intended to study, control, deter, prevent, 
     prohibit or otherwise mitigate child pornography, child abuse 
     and illegal child labor.''.

  Mrs. BOXER. Mr. President, I want to thank the managers of the bill. 
They have been cooperative with me. They know that I care a lot about 
these amendments.
  I would like to make a couple of comments about issues that do not 
have to do with S. 1 and then return to that.

                          ____________________