[Congressional Record Volume 141, Number 10 (Wednesday, January 18, 1995)]
[House]
[Page H328]
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. Allard

       Amendment No. 6: In section 202--
       (1) in subsection (a), after ``prepare'' insert ``and 
     submit to the Congress''; and
       (2) at the end of the section add the following:
       (d) Limitation on Effectiveness of Certain Rules.--A rule 
     that includes any Federal intergovernmental mandate that may 
     result in the expenditures by States, local governments, or 
     tribal governments of 
     [[Page H326]] $50,000,000 or more (adjusted annually for 
     inflation) in any 1 year shall not take effect unless the 
     rule is--
       (1) specifically authorized by a law in effect on the date 
     of the issuance of the rule in final form; or
       (2) approved by a law enacted after that date.

                                 H.R. 5

                        Offered By: Mrs. Clayton

       Amendment No. 7: 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 new paragraph:
       (8) protects worker safety.

                                 H.R. 5

                        Offered By: Mrs. Clayton

       Amendment No. 8: In section 301, in the proposed section 
     422 of 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 insert ``; or'', and 
     after paragraph (7) add the following new paragraph:
       ``(8) protects worker safety.

                                 H.R. 5

                         Offered By: Mr. Cooley

       Amendment No. 9: Strike out subsection (e) of the proposed 
     section 425 of the Congressional Budget Act of 1974.

                                 H.R. 5

                         Offered By: Mr. Cooley

       Amendment No. 10: In the proposed section 424(a)(2)(A) of 
     the Congressional Budget Act of 1974, strike ``$100,000,000'' 
     and insert ``$50,000,000''.

                                 H.R. 5

                         Offered By: Mr. Fattah

       Amendment No. 11: Section 306 is amended to read as 
     follows:

     SEC. 306. EFFECTIVE DATE.

       This title shall take effect upon the date of its 
     enactment.
                                 H.R. 5

                         Offered by: Mr. Fattah

       Amendment No. 12: In section 2, strike ``and'' after the 
     semicolon at the end of paragraph (7), strike the period at 
     the end of paragraph (8) and insert ``; and'', and after 
     paragraph (8) add the following new paragraph:
       (9) to ensure that--
       (A) States do not impose any enforceable duty upon local 
     governments, the private sector, or individuals, and
       (B) local governments do not impose any enforceable duty 
     upon the private sector or individuals.

                                 H.R. 5

                         Offered By: Mr. Fattah

       Amendment No. 13: In section 102(a), after paragraph (1) 
     insert the following new paragraphs (and redesignate the 
     subsequent paragraphs accordingly):
       (2) investigate and review the role of unfunded State 
     mandates imposed on local governments, the private sector, 
     and individuals;
       (3) investigate and review the role of unfunded local 
     mandates imposed on the private sector and individuals;
       At the end of section 102, add the following new 
     subsection:
       (e) State Mandate and Local Mandate Defined.--As used in 
     this title:
       (1) State mandate.--The term ``State mandate'' means any 
     provision in a State statute or regulation that imposes an 
     enforceable duty on local governments, the private sector, or 
     individuals, including a condition of State assistance or a 
     duty arising from participation in a voluntary State program.
       (2) Local mandate.--The term ``local mandate'' means any 
     provision in a local ordinance or regulation that imposes an 
     enforceable duty on the private sector or individuals, 
     including a condition of local assistance or a duty arising 
     from participation in a voluntary local program.

                                 H.R. 5

                         Offered By: Mr. Fattah

       Amendment No. 14: In section 201, after subsection (b) 
     insert the following new subsection (and redesignate the 
     subsequent subsection accordingly):
       (c) Private Sector Input.--Each agency shall develop an 
     effective process to permit private citizens to provide 
     meaningful and timely input in the development of regulatory 
     proposals containing significant Federal inter-governmental 
     mandates.

                                 H.R. 5

                      Offered By: Mr. Hall of Ohio

       Amendment No. 15: In section 301(2), in the matter proposed 
     to be added as a new section 421(4)(B)(ii) to the 
     Congressional Budget Act of 1974, insert ``except with 
     respect to any low-income program referred to in section 
     255(h) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985,''.

                                 H.R. 5

                       Offered By: Mrs. Kennelly

       Amendment No. 16: In section 4, add a new subsection (7) to 
     read as follows:
       (7) requires compliance with section 402(a)(27) of the 
     Social Security Act, any provision of Title IVD of the Social 
     Security Act and any other federal law relating to the 
     establishment or enforcement of child support obligations.
                                 H.R. 5

                        Offered By: Mr. Manzullo

       Amendment No. 17: In section 102(a)--
       (1) in paragraph (1), before the semicolon insert the 
     following: ``, including the role and impact of requirements 
     under section 182(d)(1)(B) of the Clean Air Act (42 U.S.C. 
     7511a(d)(1)(B))''; and
       (2) in paragraph (3), at the end add the following: ``The 
     Commission shall include in recommendations under paragraph 
     (2) recommendations with respect to requirements under 
     section 182(d)(1)(B) of the Clean Air Act (42 U.S.C. 
     7511a(d)(1)(B)).''.

                                 H.R. 5

                        Offered By: Mr. Manzullo

       Amendment No. 18: In section 102(a)--
       (1) in paragraph (1), before the semicolon insert the 
     following: ``, including the role and impact of requirements 
     under the National Voter Registration Act of 1993 (42 U.S.C. 
     1973gg et seq.)''; and
       (2) in paragraph (3), at the end add the following: ``The 
     Commission shall include in recommendations under paragraph 
     (2) recommendations with respect to requirements under the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg et 
     seq.).''.

                                 H.R. 5

                        Offered By: Mr. Martinez

       Amendment No. 19: In section 301, in the proposed section 
     422 of the Congressional Budget Act of 1974, before ``This 
     part'' insert ``(a) In General.--'', and at the end of the 
     section add the following:
       ``(b) Requirements Under Other Laws.--This part shall not 
     apply to any requirement in effect on December 31, 1994, 
     under--
       ``(1) the older Americans Act of 1965 (42 U.S.C. 3001 et 
     seq.); or
       ``(2) the Juvenile Justice and Delinquency Prevention Act 
     of 1974 (42 U.S.C. 5601 et seq.).

                                 H.R. 5

                         Offered By: Mrs. Mink

       Amendment No. 20: In Section 301, ``Sec. 421(4)(A)(i)(II)'' 
     strike ``except as provided in subparagraph (B)''.
       In Section 301, Sec. 421(4) strike paragraph (B) in its 
     entirety.
       In Section 422, strike ``or'' after the semicolon at the 
     end of paragraph (6), strike the period at the end of 
     paragraph (7) and insert ``; or'', and insert at the end the 
     following:
       (8) requires compliance with certain conditions necessary 
     to receive grants or other money provided by the Federal 
     government in programs for which the States, local 
     governments, or tribal governments voluntarily apply.

                                 H.R. 5

                         Offered By: Mr. Moran

       Amendment No. 21: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fiscal Accountability and 
     Intergovernmental Reform Act'' (``FAIR Act'').

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds and declares:
       (1) Federal legislation and regulatory requirements impose 
     burdens on State and local resources to implement federally 
     mandated programs without fully evaluating the costs to State 
     and local governments associated with compliance with those 
     requirements and often times without provision of adequate 
     Federal financial assistance. These Federal legislative and 
     regulatory initiatives--
       (A) force State and local governments to utilize scarce 
     public resources to comply with Federal mandates;
       (B) prevent these resources from being available to meet 
     local needs; and
       (C) detract from the ability of State and local governments 
     to establish local priorities for use of local public 
     resources.
       (2) Federal legislation and regulatory programs result in 
     inefficient utilization of economic resources, thereby 
     reducing the pool of resources available--
       (A) to enhance productivity, and increase the quantity and 
     quality of goods and services produced by the American 
     economy; and
       (B) to enhance international competitiveness.
       (3) In implementing Congressional policy, Federal agencies 
     should, consistent with the requirements of Federal law, seek 
     to implement statutory requirements, to the maximum extent 
     feasible, in a manner which minimizes--
       (A) the inefficient allocation of economic resources;
       (B) the burden such requirements impose on use of local 
     public resources by State and local governments; and
       (C) the adverse economic effects of such regulations on 
     productivity, economic growth, full employment, creation of 
     productive jobs, and international competitiveness of 
     American goods and services.
       (b) Purposes.--The purposes of this Act are:
       (1) To assist Congress in consideration of proposed 
     legislation establishing or revising Federal programs so as 
     to assure that, to the maximum extent practicable, 
     legislation enacted by Congress will--
       (A) minimize the burden of such legislation on expenditure 
     of scarce local public resources by State and local 
     governments;
       (B) minimize inefficient allocation of economic resources; 
     and
       (C) reduce the adverse effect of such legislation--
       (i) on the ability of State and local governmental entities 
     to use local public resources 
     [[Page H327]] to meet local needs and to establish local 
     priorities for local public resources; and
       (ii) on allocation of economic resources, productivity, 
     economic growth, full employment, creation of productive 
     jobs, and international competitiveness.
       (2) To require Federal agencies to exercise discretionary 
     authority and to implement statutory requirements in a manner 
     which consistent with fulfillment of each agency's mission 
     and with the requirements of other laws, minimizes the impact 
     regulations and other major Federal actions affecting the 
     economy have on--
       (A) the ability of State and local governmental entities to 
     use local public resources to meet local needs; and
       (B) the allocation of economic resources, productivity, 
     economic growth, full employment, creation of productive 
     jobs, and international competitiveness of American goods and 
     services.

                      TITLE I--LEGISLATIVE REFORM

     SEC. 101. REPORTS ON LEGISLATION.

       (a) Report Required.--(1) Except as provided in paragraph 
     (2), whenever a committee of either House reports a bill or 
     resolution of a public character to its House which mandates 
     unfunded requirements upon State or local governments or the 
     private sector, the report accompanying that bill or 
     resolution shall contain an analysis, prepared after 
     consultation with the Director of the Congressional Budget 
     Office, detailing the effect of the new requirements on--
       (A) State and local government expenditures necessary to 
     comply with Federal mandates;
       (B) private businesses, including the economic resources 
     required annually to comply with the legislation and 
     implementing regulations; and
       (C) economic growth and competitiveness.
       (2) Exception.--The requirements of paragraph (1) shall not 
     apply to any bill or resolution with respect to which the 
     Director of the Congressional Budget Office certifies in 
     writing to the Chairman of the Committee reporting the 
     legislation that the estimated costs to State and local 
     governments and the private sector of implementation of such 
     legislation during the first three years will not exceed 
     $50,000,000 in the aggregate and during the first five years 
     will not exceed $100,000,000 in the aggregate. For this 
     purpose, a year shall be a period of three hundred and sixty 
     five consecutive days.
       (b) Duties and Functions of Congressional Budget Office.--
     The Director of the Congressional Budget Office shall prepare 
     for each bill or resolution of a public character reported by 
     any committee of the House of Representatives or of the 
     Senate, an economic analysis of the effects of such bill or 
     resolution, satisfying the requirements of subsection (a). 
     The analysis prepared by the Director of the Congressional 
     Budget Office shall be included in the report accompanying 
     such bill or resolution if timely submitted to such committee 
     before such report is filed.
       (c) Legislation Subject to Point of Order.--Any bill or 
     resolution shall be subject to a point of order against 
     consideration of the bill by the House of Representatives or 
     the Senate (as the case may be) if such bill or resolution is 
     reported for consideration by the House of Representatives or 
     the Senate unaccompanied by the analysis required by this 
     section.

     SEC. 102. EXERCISE OF RULEMAKING POWERS.

       The provisions of this title are enacted by the Congress--
       (1) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, respectively, and as such 
     they shall be considered as part of the rules of each House, 
     respectively, and such rules shall supersede other rules only 
     to the extent that they are inconsistent therewith; and
       (2) with full recognition of the constitutional right of 
     either House to change such rules (so far as relating to such 
     House) at any time, in the same manner, and to the same 
     extent as in the case of any other rule of such House.
     SEC. 103. EFFECTIVE DATE.

       This title shall apply to any bill or resolution ordered 
     reported by any committee of the House of Representatives or 
     of the Senate after the date of enactment of this Act.

             TITLE II--FEDERAL INTERGOVERNMENTAL RELATIONS

     SEC. 201. GENERAL REQUIREMENTS.

       The Congress authorizes and directs that, to the fullest 
     extent practicable:
       (1) the policies, regulations, and public laws of the 
     United States shall be interpreted and administered in 
     accordance with the purposes of this Act;
       (2) all agencies of the Federal Government shall, 
     consistent with attainment of the requirements of Federal 
     law, minimize--
       (A) the burden which rules and other major Federal actions 
     affecting the economy impose on State and local governments,
       (B) the effect of rules and other major Federal actions 
     affecting the economy on allocation of private economic 
     resources, and
       (C) the adverse effects of rules and other major Federal 
     actions affecting the economy on productivity, economic 
     growth, full employment, creation of productive, and 
     international competitiveness of American goods and services; 
     and
       (3) in promulgating new rules, reviewing existing rules, 
     developing legislative proposals, or initiating any other 
     major Federal action affecting the economy, whenever an 
     agency identifies two or more alternatives which will satisfy 
     the agency's statutory obligations, the agency shall--
       (A) select the alternative which, on balance--
       (i) imposes the least burden on expenditure of local public 
     resources by State and local governments, and
       (ii) has the least adverse effect on productivity, economic 
     growth, full employment, creation of productive jobs, and 
     international competitiveness of American goods or services; 
     or
       (B) provide a written statement--
       (i) that the agency's failure to select such alternative is 
     precluded by the requirements of Federal law; or
       (ii) that the agency's failure to select such alternative 
     is consistent with the purposes of this Act.
     SEC. 202. INTERGOVERNMENTAL AND ECONOMIC IMPACT ASSESSMENT.

       (a) Requirement.--Whenever an agency publishes a general 
     notice of proposed rulemaking for any proposed rule, and 
     before initiating any other major Federal action affecting 
     the economy, the agency shall prepare and make available for 
     public comment an Intergovernmental and Economic Impact 
     Assessment. Such Assessment shall be published in the Federal 
     Register at the time of the publication of general notice of 
     proposed rulemaking for the rule or prior to implementing 
     such other major agency action affecting the economy.
       (b) Content.--Each Intergovernmental and Economic Impact 
     Assessment required under this section shall contain--
       (1) a description of the reasons why action by the agency 
     is being considered;
       (2) a succinct statement of the objective of, and legal 
     basis for, the proposed rule or other action; and
       (3) a description and an estimate of the effect the 
     proposed rule or other major Federal action will have on--
       (A) expenditure of State or local public resources by State 
     and local governments,
       (B) allocation of economic resources, and
       (C) productivity, economic growth, full employment, 
     creation of productive jobs, and international 
     competitiveness of American goods and services.
       (c) Alternatives Considered.--Each Intergovernmental and 
     Economic Impact Assessment shall also contain a detailed 
     description of any significant alternatives to the proposed 
     rule or other major Federal action which would accomplish 
     applicable statutory objectives while reducing--
       (1) the need for expenditure of State or local public 
     resources by State and local governments; and
       (2) the potential adverse effects of such proposed rule or 
     other major Federal action on productivity, economic growth, 
     full employment, creation of productive jobs, and 
     international competitiveness of American goods and services.

     SEC. 203. INTERGOVERNMENTAL AND ECONOMIC IMPACT STATEMENT.

       (a) Requirement.--When an agency promulgates a final rule 
     or implements any other major Federal action affecting the 
     economy, the agency shall prepare an Intergovernmental and 
     Economic Impact Statement. Each Intergovernmental and 
     Economic Impact Statement shall contain--
       (1) a succinct statement of the need for, and the 
     objectives of, such rule or other major Federal action;
       (2) a summary of the issues raised by the public comments 
     in response to the publication by the agency of the Economic 
     Impact Assessment, a summary of the agency's evaluation of 
     such issues, and a statement of any changes made in the 
     proposed rule or other proposed action as a result of such 
     comments;
       (3) a description of each of the significant alternatives 
     to the rule or other major Federal action affecting the 
     economy, considered by the agency, which, consistent with 
     fulfillment of agency statutory obligations, would--
       (A) lessen the need for expenditure of State or local 
     public resources by State and local governments; or
       (B) reduce the potential adverse effects of such proposed 
     rule or other major Federal action on productivity, economic 
     growth, full employment, creation of productive jobs, and 
     international competitiveness of American goods and services,

     along with a statement of the reasons why each such 
     alternatives was rejected by the agency; and
       (4) an estimate of the effect the rule or other major 
     Federal action will have on--
       (A) expenditure of State or local public resources by State 
     and local governments; and
       (B) productivity, economic growth, full employment, 
     creation of productive jobs, and international 
     competitiveness of American goods and services.
       (b) Availability.--The agency shall make copies of each 
     Intergovernmental and Economic Impact Statement available to 
     members of the public and shall publish in the Federal 
     Register at the time of publication of any final rule or at 
     the time of implementing any other major Federal action 
     affecting the economy, a statement describing how the public 
     may obtain copies of such Statement.

     SEC. 204. EFFECT ON OTHER LAWS.

       The requirements of this title shall not alter in any 
     manner the substantive standards otherwise applicable to the 
     implementation by an agency of statutory requirements or to 
     the exercise by an agency of authority delegated by law.
      [[Page H328]] SEC. 205. EFFECTIVE DATE AND EXEMPTION.

       This title shall apply to any rule proposed, any final rule 
     promulgated, and any other major Federal action affecting the 
     economy implemented by any agency after the date of the 
     enactment of this Act. This title shall not apply to any 
     agency which is not an agency within the meaning of section 
     551(1) of title 5, United States Code.

                                 H.R. 5

                         Offered By: Mr. Moran

       Amendment No. 22: 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. 23: 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 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)(2) 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. Moran

       Amendment No. 24: Amendment to Section 425(a)(2)(D) by the 
     addition of a new subsection 425(a)(2)(C) to read as follows:
       ``(D) For purposes of subsection 425(a)(2), `Federal 
     intergovernmental mandate' shall not mean any provision in 
     legislation, statute or regulation that would be equally 
     applicable to state, local and tribal governments as to 
     private businesses, including any provision that would be 
     equally applicable to state, local and tribal governments and 
     private businesses that are or may be in competition.''

                                 H.R. 5

                        Offered By: Mr. Volkmer

       Amendment No. 25: Amend Section 301 of H.R. 5 as reported 
     as follows:
       Page 23, line 25 strike ``except-'' and insert in lieu 
     thereof ``or''; and
       Page 24 strike lines 1 through 6.

                              H.J. Res. 1

                        Offered By: Mr. Kleczka

       Amendment No. 5: 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 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. Total 
     receipts shall not include receipts (including attributable 
     interest) of the Federal Old-Age and Survivors Insurance 
     Trust Fund and the Federal Disability Insurance Trust Fund, 
     or any successor funds, and total outlays shall not include 
     outlays for disbursements of the Federal Old-Age and 
     Survivors Insurance Trust Fund and the Federal Disability 
     Insurance Trust Fund, or any successor funds.
       ``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, WEDNESDAY, JANUARY 18, 1995          No. 10
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                                 Senate


             (Legislative day of Tuesday, January 10, 1995)