[Congressional Record Volume 141, Number 9 (Tuesday, January 17, 1995)]
[House]
[Page H298]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                                 H.R. 5

                         Offered by: Mr. Moran

       Amendment No. 1--: In the proposed section 425(a)(2) of the 
     Congressional Budget Act of 1974, strike the period at the 
     end of subparagraph (C) and insert ``; or'', and add after 
     subparagraph (C) the following:
       ``(D) the Federal intergovernmental mandate--
       ``(i) is also a Federal private sector mandate; and
       ``(ii) imposes a duty described in section 421(5)(A) on an 
     activity that is not a traditional governmental activity, or 
     would reduce or eliminate an amount of authorization of 
     appropriations of assistance as described in section 
     421(5)(B) for an activity that is not a traditional 
     governmental activity.
                                 H.R. 5

                         Offered by: Mr. Moran

       Amendment No. 2--: Insert at the end of section 201 the 
     following:
       (d) Least Burdensome Option or Explanation Required.--An 
     agency may not issue a rule that contains a Federal mandate 
     if the rulemaking record for the rule indicates that there 
     are 2 or more methods that could be used to accomplish the 
     objective of the rule, unless--
       (1) the Federal mandate is the least costly method, or has 
     the least burdensome effect, for--
       (A) States, local governments, and tribal governments, in 
     the case of a rule containing a Federal intergovernmental 
     mandate, and
       (B) the private sector, in the case of a rule containing a 
     Federal private sector mandate; or
       (2) the agency publishes with the final rule an explanation 
     of why the more costly or burdensome method of the Federal 
     mandate was adopted.

                                 H.R. 5

                         Offered By: Mr. Moran

       Amendment No. 3--: At the end of title II insert the 
     following:

     SEC. 206. JUDICIAL REVIEW.

       (A) Review of Agency Actions Subject to Review Under Other 
     Federal Law.--If an agency action that is subject to section 
     201 or 202 is subject to judicial review under any other 
     Federal law (other than chapter 7 of title 5, United States 
     Code)--
       (1) any the court of the United States having jurisdiction 
     to review the action under the other law shall have 
     jurisdiction to review the action under sections 201 and 202; 
     and
       (2) in any proceeding under paragraph (1), any issue 
     relating exhaustion of remedies, the time and manner for 
     seeking review, venue, or the availability of a stay or 
     preliminary injunctive relief pending review shall be 
     determined under the other law.
       (b) Limitation on Preliminary Injunctive Relief.--The 
     second sentence of section 705 of title 5, United States Code 
     (relating to preliminary relief pending review), shall not 
     apply with respect to review under subsection (a)(1) of an 
     agency action, unless process authorized by that sentence is 
     not authorized by the other law under which the action is 
     reviewed.

                                 H.R. 5

                         Offered By: Mr. Owens

       Amendment No. 4--: In section 301(2), in the matter 
     proposed to be added as a new section 422 to the 
     Congressional Budget Act of 1974, strike ``or'' after the 
     semicolon at the end of paragraph (6), strike the period at 
     the end of paragraph (7) and inset ``; or'', and at the end 
     add the following new paragraph:
       ``(8) provides for protection of the health of individuals 
     with disabilities.
                                 H.R. 5

                         Offered By: Mr. Owens

       Amendment No. 5--: In section 4, strike ``or'' after the 
     semicolon at the end of paragraph (6), strike the period at 
     the end of paragraph (7) and insert ``; or'', and after 
     paragraph (7) add the following:
       (8) provides for protection of the health of individuals 
     with disabilities.

                              H.J. Res. 1

                        Offered By: Mr. Coleman

       Amendment No. 2--: Strike all after the resolving clause 
     and insert the following:
       That the following article is proposed as an amendment to 
     the Constitution of the United States, which shall be valid 
     to all intents and purposes as part of the Constitution when 
     ratified by the legislatures of three-fourths of the several 
     States within seven years after the date of its submission 
     for ratification:


                               ``article

       ``Section 1. Total outlays of the operating funds of the 
     United States for any fiscal year shall not exceed total 
     receipts to those funds for that fiscal year plus any 
     operating fund balances carried over from previous fiscal 
     years.
       ``Section 2. Not later than the first Monday in February in 
     each calendar year, the President shall transmit to the 
     Congress a proposed budget for the United States Government 
     for the fiscal year beginning in that calendar year in which 
     total outlays of the operating funds of the United States for 
     that fiscal year shall not exceed total receipts to those 
     funds for that fiscal year.
       ``Section 3. Total receipts shall include all receipts of 
     the United States except those derived from borrowing and 
     total outlays shall include all outlays of the United States 
     except those for repayment of debt principal. The receipts 
     (including attributable interest) and outlays of the Federal 
     Old-Age and Survivors Insurance Trust Fund, the Federal 
     Disability Insurance Trust Fund, the Federal Hospital 
     Insurance Trust Fund, and the Federal Supplemental Medical 
     Insurance Trust Fund shall not be counted as receipts or 
     outlays for purposes of this article.
       ``Section 4. This article shall be implemented and enforced 
     only in accordance with appropriate legislation enacted by 
     Congress, which may rely on estimates of outlays and 
     receipts.
       ``Section 5. The Congress may waive the provisions of this 
     article for any fiscal year in which a declaration of war is 
     in effect. The provisions of this article may be waived for 
     any fiscal year in which the United States is engaged in 
     military conflict which causes an imminent and serious 
     military threat to national security and is so declared by a 
     joint resolution, adopted by a majority of the whole number 
     of each House of the Congress, that becomes law. If real 
     economic growth has been or will be negative for two 
     consecutive quarters, Congress may by law waive the article 
     for the current and the next fiscal year.
       ``Section 6. This article shall take effect beginning with 
     fiscal year 2002 or the second fiscal year beginning after 
     its ratification, whichever is later.''.
                              H.J. Res. 1

                         Offered By: Mr. Jacobs

       Amendment No. 3--: Strike all after the resolving clause 
     and insert the following:

     That the following article is hereby proposed as an amendment 
     to the Constitution of the United States, which shall be 
     valid to all intents and purposes as part of the Constitution 
     when ratified by the legislatures of three-fourths of the 
     several States within two years after its submission to the 
     States for ratification:

                              ``Article --

       ``Section 1. Beginning in fiscal year 1999, the United 
     States Government shall not borrow money or any other thing 
     of value except for the purpose of rolling over its existing 
     debt balance, and shall not issue additional currency except 
     as it reflects additional United States productivity.
       ``Section 2. Beginning in fiscal year 2000, and for the 
     next 39 succeeding fiscal years thereafter, the national debt 
     shall be retired by an amount equal to 2\1/2\ percentum of 
     the national debt at the beginning of fiscal year 2000.
       ``Section 3. The Congress shall have the power to enforce 
     this article by appropriate legislation.''.

                              H.J. Res. 1

                         Offered By: Mr. Owens

       Amendment No. 4--: Strike all after the resolving clause 
     and insert the following:

     That the following article is proposed as an amendment to the 
     Constitution of the United States, which shall be valid to 
     all intents and purposes as part of the Constitution when 
     ratified by the legislatures of three-fourths of the several 
     States within seven years after the date of its submission 
     for ratification:

                              ``Article --

       ``Section 1. Prior to each fiscal year, Congress shall, by 
     law, adopt a statement of receipts and outlays for such 
     fiscal year in which total outlays are not greater than total 
     receipts. Congress may, by law, amend that statement provided 
     revised outlays are not greater than revised receipts. 
     Congress may provide in that statement for a specific excess 
     of outlays over receipts by a vote directed solely to that 
     subject in which three-fifths of the whole number of each 
     House agree to such excess. Congress and the President shall 
     ensure that actual outlays do not exceed the outlays set 
     forth in such statement.
       ``Section 2. Prior to each fiscal year, the President shall 
     transmit to Congress a proposed statement of receipts and 
     outlays for such fiscal year consistent with the provisions 
     of this Article.
       ``Section 3. Congress may waive the provisions of this 
     Article for any fiscal year in which a declaration of war is 
     in effect. The provisions of this Article may be waived for 
     any fiscal year in which the United States faces an imminent 
     and serious military threat to national security and is so 
     declared by a joint resolution, adopted by a majority 
     [[Page H298]] of the whole number of each House, which 
     becomes law. The provisions of this Article may be waived for 
     any fiscal year for which the President notifies the Congress 
     that the national unemployment rate is projected to exceed 4 
     percentum and is so declared by a joint resolution, adopted 
     by a majority of the whole number of each House, which 
     becomes law.
       ``Section 4. Total receipts shall include all receipts of 
     the United States except those derived from borrowing and 
     total outlays shall include all outlays of the United States 
     except those for the repayment of debt principal.
       ``Section 5. The amount of the debt of the United States 
     held by the public as of the date this Article takes effect 
     shall become a permanent limit on such debt and there shall 
     be no increase in such amount unless three-fifths of the 
     whole number of each House of Congress shall have passed a 
     bill approving such increase and such bill has become law.
       ``Section 6. All votes taken by the House of 
     Representatives or the Senate under this Article shall be 
     rollcall votes.
       ``Section 7. Congress shall enforce and implement this 
     Article by appropriate legislation.
       ``Section 8. This Article shall take effect for the fiscal 
     year 2002 or for the second fiscal year beginning after its 
     ratification, whichever is later.''.
Vol. 141         WASHINGTON, TUESDAY, JANUARY 17, 1995            No. 9
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                                 Senate


             (Legislative day of Tuesday, January 10, 1995)