Wendell Ford

Mr. FORD

Mr. FORD. I announce that the Senator from Louisiana [Mr. Johnston] and the Senator from Vermont [Mr. Leahy] are necessarily absent.

Mr. FORD. I announce that the Senator from Louisiana [Mr. Johnston] and the Senator from Vermont [Mr. Leahy] are necessarily absent.

Mr. FORD

Mr. FORD. I announce that the Senator from Louisiana [Mr. Johnston] and the Senator from Vermont [Mr. Leahy] are necessarily absent. I further announce that, if present and voting, the Senator from Vermont [Mr. Leahy] would vote ``no.''

Mr. FORD

Mr. FORD. I announce that the Senator from Louisiana [Mr. Johnston] is necessarily absent.

Mr. FORD. I announce that the Senator from Louisiana [Mr. Johnston] is necessarily absent. On this vote, the Senator from Rhode Island [Mr. Pell] is paired with the Senator from Louisiana [Mr. Johnston]. If present and voting, the Senator from Louisiana would vote ``nay'' and the Senator from Rhode Island would vote ``aye.''

Mr. FORD

Mr. FORD. I announce that the Senator from Louisiana [Mr. Johnston] is necessarily absent.

Mr. FORD

Mr. FORD. I announce that the Senator from New Jersey [Mr. Bradley], the Senator from Massachusetts [Mr. Kennedy], and the Senator from Nebraska [Mr. Kerrey] are necessarily absent. I also announce that the Senator from Arkansas [Mr. Pryor] is absent because of illness.

Mr. FORD. Madam President, the thing that disturbs me here, and I think it is a legitimate disturbance, that those in the Senate that would like to help business, those that would like to see that business gets a fair shake, I think applying the laws to the Senate, that we apply to our constituents, was something that was very significant. Now in this language we are saying that we can stick it to business out there as hard as we want to because we cannot get an estimate. But to reverse that and say to the intergovernmental agencies, the communities, the counties, and the States that they are going to be exempt. So we are coming down as a business-oriented climate, I hope, and we are saying that we are going to stick it to business, but we will let Government, intergovernmental agencies, cities, counties, States, et cetera, I just think that this is wrong. If it is fair for Members to say that business--the regulations, et cetera, will be imposed on business, but not imposed upon public operations, then we have a real problem. It is my judgment, if I was business, I would be up here trying to defeat this bill because then I would not be allowed to compete because the regulations and fees, or whatever, to be imposed upon business, would be excluded from the public sector. Therefore, we are in competition with incinerators, and Lord, do we have problems out there trying to find disposal sites. It would just be horrendous in my opinion. Hospitals. I see hospitals now trying to make it work where they have a private hospital and a public hospital trying to come together on some sort of HMO and it makes it difficult. So, in that category we would apply rules to the private hospital that we would not apply to the public hospital and, therefore, they would not be able to come together in an ability to cover communities with health care. Schools. What are we going to do to asbestos and all its removal in private schools? And the cost is over $50 million, so therefore we exclude public schools. I think it is time that we all sit down and rethink this. When people say we are trying to filibuster this, we are not. I am not. I am for the bill. I am for the bill that says we should not put in unfunded mandates. I introduced a bill 8 years ago, 6 years ago. The Senator from Ohio and I have been on there for a long time. Got two cosponsors first time I introduced this legislation. And $50 million was a threshold then. Still is the threshold. So I am not against this legislation. But we have just gone so far, so far and attempted to jam it down our throat here, that some have just said, ``No, let's wait a minute.'' I think the public has benefited, particularly business has benefited, by the debate that has developed here. Now this, in my opinion, is what the Senate is all about: The right to debate. Now that we have had the right to debate, even though we are trying to be painted into a different position here, different image, I think this debate has been very successful and very useful, particularly as it applies to the business community. So I want people who are saying this is a filibuster, it is not. Want to file cloture? Members can file cloture. Thirty-six amendments are floating out there in various and sundry types, on both sides of the aisle. So we have, I think, played the role that our forefathers expected of the Senate when we are now questioning the aspects of this particular piece of legislation. So, it is not a filibuster. Not a filibuster in any stretch of the imagination. But it sure is, in my opinion, developing into something we better take a second look at because it has become so broad. So I thank the Chair. I thank my friend from Michigan. I hope there will be a way to accommodate each side here so that the public and private sectors of our economy, both will be treated the same. Right now they are not. If we are going to help business, we better sit down and try to help it out so business will not be placed at a disadvantage rather than the public being placed at an advantage. I thank the Chair.

Mr. FORD. Madam President, I will be happy to yield to the Senator.

Mr. FORD. Madam President, as I understand, the Senator from Michigan retains his right to the floor regardless of the colloquy here.

Mr. FORD

Mr. FORD. I announce that the Senator from New Jersey [Mr. Bradley] and the Senator from Massachusetts [Mr. Kennedy] are necessary absent. I also announce that the Senator from Arkansas [Mr. Pryor] is absent because of illness.

Mr. FORD. So they are saying to put it in the Senate bill to make the House comply with the rules of the bill we passed?

Mr. FORD. The Senator says he is working with the chairman. That is fine. The House leadership, at some point, is going to have to put it all together. I would not want to take a chairman here and say that his advice to me is above the majority leader's. I would go to the leader and to the Senator's elected leadership, and I would get my direction from them rather than a committee chairman, unless they have acquiesced their authority to them. I am glad the Senator and I wanted to know that. We keep saying, ``As the House has advised us, as the House has advised us.'' I just wanted to know who was advising the Senator, and I am still concerned about applying our rule to the House or passing legislation saying the House must comply. Oh, it has been done, but I think if we are going to stay out one way, we ought to stay consistent. I will be observing it very closely. I yield the floor, Mr. President Mr. DOLE addressed the Chair.

Mr. FORD. I announce that the Senator from New Jersey [Mr. Bradley] and the Senator from Massachusetts [Mr. Kennedy] are necessarily absent. I also announce that the Senator from Arkansas [Mr. Pryor] is absent because of illness.

Mr. FORD. Mr. President I make a point of order that the Senate is not in order.

Mr. FORD. Mr. President, will the distinguished Senator from Idaho give me just a moment of his time so I might ask him a question or be involved in a colloquy?

Mr. FORD. Mr. President two things have happened that bother this Senator considerably. Last week, I made an effort to stop the House from using frequent flier miles that were paid for by taxpayers for personal use. I was admonished by my friends on the majority side for trying to tell the House what they should do or should not do. The amendment was amended. I lost. It said to the Senate that under those circumstances, the Senate ought to take care of itself and we ought not to tell the House what to do. Now, as we are, in this amendment and in this bill, setting out a lot of proposals that the House must comply with--change their rules, assign to committees, things of that nature--I keep hearing that this is what the House is asking the Senate to do. Now, Mr. President, I would like for the distinguished Senator from Idaho to respond to who in the House is telling the Senate what to do, or what the leadership over there is saying, whether they want this in the bill so that it will apply to the House. Can you give the Senate this information tonight? If not, in the morning. I would like to have an answer.

Mr. FORD. Mr. President, I appreciate the Senator's being candid with me because I think we are making a mistake. One week, we will not apply the rules to the House and the next week we apply the rules to the House. Something has to be consistent. One was not a very important amendment. This one is. So I hope that in the discussion with the Senators, between now and maybe working out something on this amendment in the morning, I understand, I hope Senators will look at the whole aspect of saying to the House ``You must comply with the rules that we pass.'' I am not sure that that is right. I might say to the Senator, with all respect, that I think we are going to have to start being consistent, regardless of what bills we are on, and we will have to say that these rules passed on the Senate do not apply to the House unless the House wants to do that. So, at some point, if there is not an agreement to the imposition of our rules on the House, we will offer an amendment that will take the application of this legislation to the House.

Mr. FORD. I will be glad to. I have no problem.

Mr. FORD

Mr. FORD. I announce that the Senator from Montana [Mr. Baucus], the Senator from California [Mrs. Boxer], the Senator from Hawaii [Mr. Inouye], the Senator from Louisiana [Mr. Johnston], the Senator from Arkansas [Mr. Pryor], the Senator from Nevada [Mr. Reid], and the Senator from West Virginia [Mr. Rockefeller] are necessarily absent.

Mr. FORD. I announce that the Senator from Montana [Mr. Baucus], the Senator from California [Mrs. Boxer], the Senator from Hawaii [Mr. Inouye], the Senator from Louisiana [Mr. Johnston], the Senator from Arkansas [Mr. Pryor], the Senator from Nevada [Mr. Reid], the Senator from West Virginia [Mr. Rockefeller] are necessarily absent.

Mr. FORD

Mr. FORD. There is an objection. I apologize to the Senator, but I have been asked to protect the rollcall and, if the Senator will allow me, I will see if I can give him the time.

Mr. FORD

Mr. FORD. I announce that the Senator from Delaware [Mr. Biden], the Senator from Arkansas [Mr. Bumpers], the Senator from Hawaii [Mr. Inouye], the Senator from Louisiana [Mr. Johnston], the Senator from Massachusetts [Mr. Kennedy], the Senator from Georgia [Mr. Nunn], the Senator from Nevada [Mr. Reid], and the Senator from West Virginia [Mr. Rockefeller] are necessarily absent.

Mr. FORD. I understand that.

Mr. FORD. I suggest the absence of a quorum, Mr. President.