[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.
____________________