[Congressional Record Volume 141, Number 47 (Tuesday, March 14, 1995)]
[Senate]
[Pages S3889-S3890]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         UNFUNDED MANDATE REFORM ACT OF 1995--CONFERENCE REPORT

  The Senate continued with the consideration of the conference report.
  Mr. GLENN. Mr. President, in thanking people who were instrumental in 
putting together this kind of legislation, I think we probably were 
remiss in not thanking Tony Coe, who did so much in the legislative 
counsel's office in putting together draft after draft after draft of 
this.
  I saw him walking through the Chamber a moment ago, and I want him to 
step outside just for a moment. I say to Tony, we thank him for all his 
efforts. I know he does long hours over in the legislative counsel's 
office putting together some of these legislative proposals which have 
to be written and rewritten, as this one was.
  We were spelling out a while ago people instrumental in getting this 
legislation through, and Tony certainly deserves to be commended for 
his efforts on behalf of this legislation, too, and we are glad to 
recognize him for it.
  Mr. KEMPTHORNE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Idaho.
  Mr. KEMPTHORNE. Mr. President, I want to add my thanks also to Mr. 
Tony Coe and all that he has done. I think so often people do not 
realize the intricacies of this and the hours that are put in, and yet, 
time after time, we require staff to answer the call. Tony 
[[Page S3890]] has done that in an exemplary fashion. We thank him for 
that. He has helped significantly, I think, in changing the mindset of 
how Congress will operate and he can be proud of it.
  Mr. President, I suggest the absence of a quorum and ask that the 
time be equally divided.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DOLE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered
  Mr. DOLE. Mr. President, was leader's time reserved?
  The PRESIDING OFFICER. Yes, it was.
  Mr. DOLE. Mr. President, one of the first decisions I had to make as 
majority leader was which bill should be designated S. 1. When I 
considered the message the American people sent us last November, the 
decision was easy. I chose Senator Kempthorne's unfunded mandates bill, 
because it shows we are serious about reining in the power of the 
Federal Government.
  The 10th amendment to the U.S. Constitution reads:

       The powers not delegated to the United States by the 
     Constitution, nor prohibited by it to the States, are 
     reserved to the States, respectively, or to the people.

  When the 104th Congress convened, I pledged that we would dust off 
the 10th amendment, and restore it to its rightful place in the 
Constitution.
  The unfunded mandates bill is the first step in the important process 
of returning power to the States and to the people. For far too long, 
Congress has operated under the false assumption that legislation that 
did not affect the Federal Government had no cost. But, ask any mayor, 
Governor, county commissioner, or school board official--or any State 
and local taxpayer--and they will tell you otherwise.
  This law will change the way we do business in Washington. Under 
business-as-usual, Congress had the costly habit of giving State and 
local governments new
 responsibilities without supplying the money to pay for these new 
obligations. Those unfunded mandates have forced State and local 
officials to cut services or increase taxes in order to keep their 
budgets in balance.

  The unfunded mandates law will be a reality check for advocates of 
new mandates: the Federal Government should know and pay for the costs 
of mandates before imposing them on State and local governments, and 
the Federal Government should know the costs and impacts before 
imposing them on the private sector.
  This law will provide real relief to State and local governments, and 
to the people who ultimately pay the bills for unfunded mandates--
individual American taxpayers.
  I am pleased that this bill will pass with strong bipartisan support, 
and there are a lot of Senators who deserve credit for this 
initiative's success. Senator Glenn has led the effort on the 
Democratic side of the aisle, and Senators Domenici and Roth are among 
those who have also worked hard for this bill.
  But no Senator worked harder than our colleague from Idaho, Senator 
Dirk Kempthorne. He came to the Senate as a mayor, with front-line 
experience coping with the Federal Government telling him how to run 
Boise, ID. When he ran for the Senate, he promised the people of Idaho 
he would fight to stop unfunded mandates. He kept his promise. The 
first bill he introduced was an unfunded mandates bill--and it 
attracted only three cosponsors. But that did not stop him. He kept 
pushing, and
 he helped mobilize the mayors, county commissioners, and Governors, 
who stepped up their efforts. After he got more than 51 cosponsors on 
his unfunded mandates bill, he worked across the aisle to write a 
bipartisan bill. After that effort was blocked late last year, he spent 
the recess writing a better, tougher bill. He then spent 11 days and 
nights tirelessly debating and managing the bill on the floor, and 40 
days and nights--it seems there is something else about 40 days and 
nights--getting it through the conference, successfully resisting 
efforts to weaken it.

  All that work has produced a strong bill that all of us can be proud 
of, and all of us should vote for.
  A few weeks ago, I told mayors they should send Senator Kempthorne 
and Senator Glenn keys to their cities to thank them for their efforts.
  I do not know if they have received any keys yet, but if you can use 
some, maybe I can round them up. Maybe by now you both have a pocketful 
of keys, and I am certain there are more on the way.
  After all, our Nation's mayors, Governors, county commissioners, and 
taxpayers would be hard pressed to find a better friend than Senator 
Dirk Kempthorne.
  Mr. President, I urge all of my colleagues to vote for S. 1, and I 
urge President Clinton to sign it into law at the earliest possible 
date.
  Mr. KEMPTHORNE. Mr. President, I wish to echo what America's mayors, 
Governors, and county commissioners are saying, and that is their 
gratitude to Senator Dole for designating this bill S. 1. That sort of 
stamp of priority by the majority leader of the Senate went a long way 
toward helping propel this legislation toward what we believe tomorrow 
will be its successful conclusion.
  So again, on behalf of America's mayors, Governors, and myself, I 
thank the Senator for the honor of having this legislation designated 
S. 1.
  Mr. President, I am prepared to yield back the remainder of my time.
  Mr. GLENN. I yield back my time.
  The PRESIDING OFFICER. All time has expired. The vote is scheduled to 
be held tomorrow.
  Mr. GLENN. Parliamentary inquiry, Mr. President. The vote, as I 
understand it, will be the second vote tomorrow. Is that correct?
  The PRESIDING OFFICER. That is correct.

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