[Congressional Record Volume 141, Number 8 (Friday, January 13, 1995)]
[Senate]
[Page S954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S954]]
                          AMENDMENTS SUBMITTED

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                THE UNFUNDED MANDATE REFORM ACT OF 1995

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                  DORGAN (AND OTHERS) AMENDMENT NO. 18

  Mr. DORGAN (for himself, Mr. Graham, Mr. Levin, Mr. Akaka, Mr. 
Kempthorne, and Mr. Byrd) proposed an amendment 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:

       On page 39, strike out lines 4 through 11 and insert in 
     lieu thereof the following:

     SEC. 301. BASELINE STUDY OF COSTS AND BENEFITS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Advisory Commission on 
     Intergovernmental Relations (hereafter in this title referred 
     to as the ``Advisory Commission''), in consultation with the 
     Director, shall begin a study to examine the measurement and 
     definition issues involved in calculating the total costs and 
     benefits to State, local, and tribal governments of 
     compliance with Federal law.
       (b) Considerations.--The study required by this section 
     shall consider--
       (1) the feasibility of measuring indirect costs and 
     benefits as well as direct costs and benefits of the Federal, 
     State, local, and tribal relationship; and
       (2) how to measure both the direct and indirect benefits of 
     Federal financial assistance and tax benefits to State, 
     local, and tribal governments.

     SEC. 302. REPORT ON UNFUNDED FEDERAL MANDATES BY ADVISORY 
                   COMMISSION ON INTERGOVERNMENTAL RELATIONS.

       (a) In General.--The Advisory Commission on 
     Intergovernmental Relations shall in accordance with this 
     section--
       On page 43, beginning with line 1, strike out all through 
     line 17 on page 49 and insert in lieu thereof the following:

     SEC. 303. MONITORING IMPLEMENTATION.

       (a) In General.--The Advisory Commission shall monitor and 
     evaluate the implementation of this Act, including by 
     conducting such hearings, and consulting with such Federal, 
     State, local, and tribal governments, as the Advisory 
     Commission considers appropriate for obtaining information 
     and views about the purpose, implementation, and results of 
     this Act.
       (b) Biennial Report.--The Advisory Commission shall submit 
     a report to the President and the Congress every 2 years 
     which--
       (1) presents the findings of the Advisory Commission under 
     subsection (a); and
       (2) presents recommendations for improving the 
     implementation of this Act, including regarding any need for 
     amending this Act.

     SEC. 304. SPECIAL AUTHORITIES OF ADVISORY COMMISSION.

       (a) Experts and Consultants.--For purposes of carrying out 
     this title, the Advisory Commission may procure temporary and 
     intermittent services of experts or consultants under section 
     3109(b) of title 5, United States Code.
       (b) Detail of Staff of Federal Agencies.--Upon request of 
     the Executive Director of the Advisory Commission, the head 
     of any Federal department or agency may detail, on a 
     reimbursable basis, any of the personnel of that department 
     or agency to the Advisory Commission to assist it in carrying 
     out this title.
       (c) Contract Authority.--The advisory Commission may, 
     subject to appropriations, contract with and compensate 
     government and private persons (including agencies) for 
     property and services used to carry out its duties under this 
     title.

     SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Advisory 
     Commission--
       (1) to carry out section 301, $1,000,000 for each of fiscal 
     years 1995 and 1996;
       (2) to carry out section 302, $5,000,000; and
       (3) to carry out section 303, $200,000 for each of fiscal 
     years 1995, 1996, 1997, 1998, and 1999.
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                      KEMPTHORNE AMENDMENT NO. 19

  Mr. KEMPTHORNE (for himself, Mr. Cochran, and Mr. Levin) proposed an 
amendment to the bill S. 1, supra; as follows:

       On page 15, line 12 after ``nesses'' insert the following: 
     ``including a description of the actions if any, taken by the 
     Committee to avoid any adverse impact on the private sector 
     or the competitive balance between the public sector and the 
     private sector.''
     

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