Congressional Record publishes “AMENDMENTS SUBMITTED” on Jan. 19, 1995

Congressional Record publishes “AMENDMENTS SUBMITTED” on Jan. 19, 1995

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Volume 141, No. 11 covering the 1st Session of the 104th Congress (1995 - 1996) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“AMENDMENTS SUBMITTED” mentioning the Federal Reserve System was published in the Senate section on pages S1238-S1241 on Jan. 19, 1995.

The publication is reproduced in full below:

AMENDMENTS SUBMITTED

______

UNFUNDED MANDATES ACT

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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.

____________________

SOURCE: Congressional Record Vol. 141, No. 11

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