a-thompson
Thompson Amendment to S 2260
Commerce, Justice and State ... Appropriations Act
Repeals EO 13083 - PENDING
Bill summary and status at
http://rs9.loc.gov/cgi-bin/bdquery/z?d105:SN02260:@@@L|/bss/d105query.html|
Date of this research and posting is 8-8-98. Later versions of the bill are possible. Please check.
See Kolbe Amendment to H4276 for House version of this bill and amendment.
[Note: This amendment may have been scrapped or changed to a resolution along the way. I will call DC Monday in an attempt to clarify this issue, thus determining where the Senate stands on this issue.
Regarding urls -- any with "query" in it will probably not work. They are temporary.
Forest 8-7-98 ]
http://thomas.loc.gov/cgi-bin/query/D?r105:1:./temp/~r105ekWNqP::
Congressional Record article 1 of 4 Full Display - 1,019 bytes.[Help]
THOMPSON (AND OTHERS) AMENDMENT NO. 3256 (Senate - July 22, 1998)
[Page: S8793]
Mr. THOMPSON (for himself, Mr. Lott, Mr. Coverdell, Mr. Hutchinson, Mr. Enzi, Mr. Abraham, Mr. Kempthorne, Mr. Stevens, Mr. Thurmond, and Ms. Collins) proposed an amendment to the bill, S. 2260, supra; as follows:
At the appropriate place in the bill, insert the following:
SEC. XX. POLICIES RELATING TO FEDERALISM.
(a) Repeal of Executive Order: Executive Order No. 13083, issued May 14, 1998, shall have no force and effect.
(b) Continuation of Executive Orders: Executive Order No. 12612, issued October 26, 1987, and Executive Order No. 12875, issued October 26, 1993, shall be in effect as though Executive Order No. 13083 never took effect.
http://thomas.loc.gov/cgi-bin/bdquery/z?d105:SP03256:
S.AMDT.3256
AMENDS: S.2260
SPONSOR: Sen Thompson, (introduced 07/22/98)
To reinstate certain principles, criteria, and policies relating to Federalism, and for other purposes.
TEXT OF AMENDMENT: CR S8793
STATUS:
Jul 22, 98 Proposed by Senator Thompson.
Jul 22, 98 Amendment SP 3256 as modified agreed to in Senate by Voice Vote.
http://rs9.loc.gov/cgi-bin/query/D?r105:1:./temp/~r1054pKvym:b541822:
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1999 (Senate - July 22, 1998)
Mr. GREGG. Mr. President, so my colleagues know where we stand--and I certainly thank the Senator from Illinois and the Senator from Idaho for their timely discussion of what was a fairly complicated issue; both Senator Hollings and I greatly appreciate their courtesy in moving debate along--we are now waiting for Senator Thompson, who I understand is on the way to the floor to offer his amendment. Then we will go to Senator Bumpers. We will probably be skipping over the amendment by Senator Nickles. As I understand it, he is not available until probably 9 or 9:15.
So we will go to Senator Feingold after Senator Bumpers.
That is the order we are proceeding under, under the previous unanimous consent. As soon as Senator Thompson arrives, we shall take up his amendment.
I make a point of order a quorum is not present.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. THOMPSON. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
AMENDMENT NO. 3256, AS MODIFIED
(PURPOSE: TO REINSTATE CERTAIN PRINCIPLES, CRITERIA, AND POLICIES RELATING TO FEDERALISM, AND FOR OTHER PURPOSES)
Mr. THOMPSON. Mr. President, I call up my amendment No. 3256 and I send a modification to the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Tennessee [Mr. Thompson], for himself, Mr. Lott and Mr. Nickles, proposes an amendment numbered 3256, as modified.
Mr. THOMPSON. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment, as modified, is as follows:
At the appropriate place in the bill, insert the following:
SEC. . POLICIES RELATING TO FEDERALISM.
It is the sense of the Senate that the President should repeal Executive Order No. 13083, issued May 14, 1998 and should reissue Executive Order No. 12612, issued October 26, 1987, and Executive Order No. 12875, issued October 26, 1993.
Mr. THOMPSON. Mr. President, this amendment is offered to protect and preserve federalism. If there is one concept in recent years that has gained in credence, it is the concept of federalism. We have seen a lot of innovation happen in this country that has started at the State and local level. We have paid credence to it with regard to welfare reform and other measures.
The Supreme Court, in recent years, has struck down cases based upon the tenth amendment. The tenth amendment has been reinvigorated, and I think we have come together as a nation in many respects in our belief that many of our problems need to be addressed at the State and local level, and that is what our original framers of the Constitution had in mind. Not only is it constitutionally sound but it has worked in practice.
Mr. President, I ask unanimous consent that Majority Leader Lott and Assistant Leader Nickles be added as cosponsors. They have long fought for the principles of federalism.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. THOMPSON. Mr. President, in May the President issued Executive Order 13803 which purported to set out a new definition of `federalism.' However, it explicitly replaced President Reagan's Executive order on federalism and, in reality, the new order undermines federalism.
http://rs9.loc.gov/cgi-bin/query/D?r105:1:./temp/~r1054pKvym:e545822:
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1999 (Senate - July 22, 1998)
proper respect for State and local government and in our Federal system by reinstating both President Reagan's and his own prior orders on this subject.
The Founding Fathers believed that the Federal Government had limited powers. The tenth amendment states that the powers not delegated to the States are reserved to the States or to the people. The public clearly wants important decisions to be made closer to home and not dictated from Washington, DC.
Unfortunately, President Clinton's order will undermine federalism and promote Federal meddling into local affairs. President Clinton's order revokes President Reagan's Executive Order 12612 which was a clear commitment to the tenth amendment principles of a limited Federal Government. The new Clinton order shifts the Reagan presumption against Federal involvement in State and local matters to a presumption for Federal intervention. President Clinton's new order also revokes his own 1993 Executive Order 12875 which directed the Federal Government to avoid unfunded mandates.
To add insult to injury, the White House never talked with State or local governments while the new order was being developed. Ironically, it was issued from England. More ironically, White House officials did not consult with local officials on an Executive order which itself calls for more consultation with local officials. In a recent Washington Post article, one anonymous White House official admitted, 'This was a mistake. We screwed up.' Mr. President, I agree.
The White House belatedly has offered to delay the order and take comments from State and local officials, but the Clinton administration has shown no willingness to rescind this order, as State and local officials have requested. State and local officials were understandably irritated that the White House shut them out of this process. But more importantly, they immediately saw through the rhetoric that was coming out on this matter and saw the real purpose of the Executive order. State and local officials know that the order is basically a Government power grab at the Federal level that will undercut their ability to serve the public, and that is why they are so exercised about it.
President Clinton was asked to rescind the order by the 'big seven,' as they are called--big seven State and local government groups. They include the National Governors Association, the National Conference of State Legislature, the Council of State Governments, the National Association of Counties, the U.S. Conference of Mayors, the National League of Cities, and the International City/County Management Association. Mr. President, this order will promote Federal intrusion into local decisionmaking, and it shows contempt for the ability of State and local officials to manage their own affairs. We don't want that. That is not the message that has been coming out of this Congress. That is not even the message that has been coming out from prior Executive orders by this administration, as late as 1993.
Even though, as I say, it was promoted as a concept that would enhance federalism, and it has a lot of good language in there about the principles of federalism, when you get right down to it, it rescinds the basic presumption that when Federal agencies look at a matter, it basically presumes, unless it is very clear, that the matters should be resolved at the State and local level. That is a presumption that has worked very well for us, and I urge the adoption of this amendment.
I ask unanimous consent that a letter from the seven state and local organizations, an article from the Washington Post, and a letter from Governor Voinovich of Ohio be printed in the Record.
There being no objection, the material was ordered to be printed in the Record, as follows:
Dear Mr. President: We are writing on behalf of the nation's elected state and local government leaders to request that you withdraw Executive Order 13083. We urge this action to provide for meaningful consultations with state and local officials not on E.O. 13083, but on whether any changes ought to be considered with respect to Executive Orders 12875 (Enhancing the Intergovernmental Partnership) and 12612 (Federalism). No state and local government official was consulted in the drafting of E.O. 13083. In contrast, this administration fully engaged state and local officials and their associations in the drafting of your E.O. 12875.
Go to the Uhuh opening Title Page
** uhuh **
The President said he is reducing taxes.
uhuh.
Congress says they are balancing the budget.
uhuh. Sez who?
Smile
and Force Congress to
Kick the Debt & Taxes Habit with
$$ Money System Honesty for Us People. $$
We demand the whole truth with an honest viewpoint.
Don't send money. Call Jo(e) Congress and send letters.
Forest Glen Durland, CEO. 14675 1/2 Big Basin Way, Saratoga, CA 95070-6081
Voice: (408) 867-4410; Fax: (408)868-9446; Click here for email.
Web Home Page: www.uhuh.com