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Dirk Kempthorne
@dirkkempthorne· ID· Jan 18, 1995

I believe, I say to my friend from Arkansas, that, as you have just stated it, in essence that is what we have provided here. The Senator from West Virginia is correct. We should not give our power away. But we do not. We make that…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 18, 1995

If that authorizing committee chose the option that said, in the event it does not provide full funds, that is the threshold, and if that subsequent appropriation does not hit that threshold, then that Federal agency can in fact do a…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 18, 1995

I appreciate that. Mr. President, the triggering mechanism is on the fund amount. In other words, if they choose the option that it is to provide the funds through a subsequent appropriations bill, and that appropriations bill provides…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 17, 1995

Just in response to that--and I appreciate the idea of consistency--in this particular legislation, it was really many, many hours of working together with the House. I was not privy to what sort of arrangements the Senator had worked out…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 17, 1995

To further answer that, that is correct. They have said in the inquiry, Could you put this in the bill? However, I tell you there has been further clarification that if the Senate were to determine that it just did not feel appropriate for…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 17, 1995

I agree with that but it is up to Members not CBO to certify by note that they cannot do it. So there is no point of order, there is no basis for the Chair. I think we may be caught in a bit of a technicality or semantics issue. I would be…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 17, 1995

If the Senator will yield, I really believe that--and the good Senator from Michigan keeps referencing the 87,000 jurisdictions--they would be arguing what I am trying to say. Maybe I am not very eloquent in saying it. It is not in any…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 17, 1995

The difference, I say to the Senator, is he is saying the same language used in the private sector. If you do so, then there is no way the point of order can lie.

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 17, 1995

I say to the Senator, it might cause us to then rethink the mandate. But the Senator keeps going back, saying, let us be honest; let us be honest. S. 1 gives us this process to be honest. it is going to give us the best information…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 17, 1995

But I say to the Senator, with the process as prescribed, you will have that report from CBO. You then, as the Chair of that committee, can use that and come down to this floor, and you can get a majority to vote to waive that. Because you…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 17, 1995

I think I have made it clear. I think it is a responsible thing. But if you are going to offer a multibillion-dollar amendment, certainly that did not just come to mind that night. Certainly you have talked with either the Budget Committee…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 17, 1995

Again, Senator, that is correct. We require, on an intergovernmental, that there not be an estimate. But in going through that process, it may be that the conclusion of that estimate is that they just cannot provide the data that we are…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 17, 1995

If I may, to continue our discussion; yes, we do ask CBO to make an estimation. The Senator is correct. Since about 1981, CBO has been required to do some estimating. They have begun to build some years of information that will help them…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 12, 1995

But the key to this whole legislation is that if a point of order lies against that, then you come down here. You may have from CBO or from the committee itself the analysis as to the rationale as to why a waiver should be granted, and a…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 12, 1995

So that, again, once we add back what has been referred to as the Levin amendment, these numbers that we are now going to alter, realign, will be lined up in anticipation of adding the Levin amendment back in.

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 12, 1995

I respect the Senator's view on this. Now, we will probably disagree, but I respect what the Senator is saying. Congress has a bad habit of not picking up the tab on orders that it places, and so this I think is going to help us with this…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 12, 1995

To the Senator I would say that a committee could determine that they wanted to do a 90-10 split on the cost. Now, because they do not provide 100 percent of the funding, yes, a point of order could be made against that authorizing bill…

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Dirk Kempthorne
@dirkkempthorne· ID· Jan 12, 1995

I will answer that I strongly believe that we should follow this prescribed course. In that case, where you say there was a cost to the city of Albuquerque, there was a cost to the cities across the country that had to put in these metal…

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