[Congressional Record Volume 141, Number 14 (Tuesday, January 24, 1995)]
[Senate]
[Pages S1426-S1427]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      UNFUNDED MANDATE REFORM ACT

  The Senate continued with the consideration of the bill.
  Mr. HATFIELD addressed the Chair.
  The PRESIDING OFFICER. The Senator from Oregon.


                           Amendment No. 181

  Mr. HATFIELD. Mr. President, I would like to withdraw my amendment 
No. 181.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the amendment (No. 181) was withdrawn.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER. The Senator from Wisconsin.


                           Amendment No. 193

  Mr. KOHL. Mr. President, I ask unanimous consent that it be in order 
to consider the Kohl amendment No. 193.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KOHL. Mr. President, I am offering this amendment to address an 
unintended consequence in the bill before us.
  I am concerned that in the process of trying to end the practice of 
placing onerous unfunded mandates on States and countries, we are 
actually discouraging States and counties from passing necessary laws. 
Some States may decide to delay action in the hope that Congress passes 
a Federal law to do the same thing and then provides the money to do 
it.
  Health care reform is a good example. How many States put off health 
car reforms last year anticipating action here in Washington? We do not 
want States saying, ``Why should we take action today, when the 
Federal 
[[Page S1427]] Government may be taking action tomorrow and paying us 
in the process?''
  If we do not address this problem, we may actually be creating a new 
kind of gridlock at the State and local level, with State and local 
officials trying to second guess where Congress is going on a whole 
variety of issues, so as not to miss out on their share of Federal 
funds.
  Although I am confident that State and local leaders will take the 
necessary steps to address crime, health, poverty, environmental, or 
other problems within their own borders, I do not want them to fear 
that they are doing their constituents a disservice by missing out on 
Federal dollars to address these same problems. We must ensure that 
their proactive efforts are not necessarily held against them in the 
future when the Federal Government catches up.
  What of States that decide to begin the implementation of Federal 
mandates before they are passed into law, sensibly trying to spread the 
costs out over several years because they are unsure as to whether 
Congress will decide to waive the funding requirement under this bill? 
Do we want to penalize them for trying to ease the burden on the 
taxpayers?
  No, and this amendment sends them an important signal to proceed.
  Furthermore, this legislation should not discourage innovation at the 
State and local level. Many interesting ideas and creative solutions to 
public problems emerge from the State and local level. We must be 
careful not to put a damper on these true laboratories for public 
policy innovation.
  An example is the issue of welfare reform. There have been proposals 
offered here in Congress suggesting that States should be required to 
track the paternity of children on the welfare rolls so that the 
fathers can be forced to pay child support. If States are contemplating 
similar actions, they ought to be encouraged, rather than discouraged, 
from taking these actions prior to Federal action.
  Mr. KEMPTHORNE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Idaho.
  Mr. KEMPTHORNE. Mr. President, I appreciate so much the sensitivity 
of the Senator from Wisconsin to the issue of the amendment which he 
has offered. It was a pleasure to work with the Senator on the language 
of that amendment.
  With regard to this side of the aisle, we are happy to accept the 
amendment.
  Mr. GLENN. Mr. President, I, too, would like to congratulate the 
Senator from Wisconsin. I think he has done an excellent job on this. 
We talked about this earlier. We worked back and forth across the 
aisle. He was willing to compromise and put in the language. I think it 
is excellent. I compliment him on what he has done. We are glad to 
accept it on our side of the aisle and urge we move to a vote.
  Mr. KOHL. I thank Senator Kempthorne and Senator Glenn.
  The PRESIDING OFFICER. Is there further debate on the amendment? If 
not, the question is on agreeing to the amendment.
  So the amendment (No. 193) was agreed to.
  Mr. KEMPTHORNE. Mr. President, I move to reconsider the vote.
  Mr. GLENN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

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