[Congressional Record Volume 141, Number 10 (Wednesday, January 18, 1995)]
[Senate]
[Pages S1097-S1124]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


                         UNFUNDED MANDATES ACT

                                 ______


                       FORD AMENDMENTS NOS. 20-29

  (Ordered to lie on the table.)
  Mr. FORD submitted 10 amendments intended to be proposed by him to 
the bill, S.1, to curb the practice on 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:

                            Amendment No. 20

       On page 17, line 4, strike ``or the House of 
     Representatives''.
                                                                    ____


                            Amendment No. 21

       On page 17, lines 12 and 13, strike ``or the House of 
     Representatives''.
                                                                    ____


                            Amendment No. 22

       On page 26, strike lines 1 through 5 and insert end 
     quotation marks.
                                                                    ____


                            Amendment No. 23

       On page 26, strike beginning with line 11 through line 2 on 
     page 28.
                                                                    ____


                            Amendment No. 24

       On page 31, line 19, strike ``House of Representatives or 
     the''.
                                                                    ____


                            Amendment No. 25

       On page 14, line 8, strike ``or the House of 
     Representatives''.
                                                                    ____


                            Amendment No. 26

       On page 16, line 15, strike ``or the House of 
     Representatives''.
                                                                    ____


                            Amendment No. 27

       On page 13, line 25, and page 14, line 1, strike ``or the 
     House of Representatives''.
                                                                    ____

                            Amendment No. 28

       On page 3, line 17, strike ``and the House of 
     Representatives''.
       On page 4, lines 7 and 8, strike ``and the House of 
     Representatives''.
       On page 13, line 25 and page 14, line 1, strike ``or the 
     House of Representatives''.
       On page 14, line 8, strike ``or the House of 
     Representatives''.
       On page 16, line 15, strike ``or the House of 
     Representatives''.
       On page 17, line 4, strike ``or the House of 
     Representatives''.
       On page 17, lines 12 and 13, strike ``or the House of 
     Representatives''.
       On page 18, lines 1 and 2, strike ``or the House of 
     Representatives''.
       On page 19, lines 15 and 16, strike ``or the House of 
     Representatives''.
       On page 26, strike lines 1 through 5 and insert end 
     quotation marks.
       On page 26, strike beginning with line 11 through line 2 on 
     page 28.
       On page 28, line 13, strike ``or the House of 
     Representatives''.
       On page 29, line 8, strike ``or the House of 
     Representatives''.
       On page 31, line 19, strike ``or the House of 
     Representatives''.
       On page 32, strike lines 12 through 24 and insert the 
     following:
       The provisions of sections 101, 102, 103, 104, and 107 are 
     enacted by the Senate--
       (1) as an exercise of the rulemaking power of the Senate 
     and as such they shall be considered as part of the rules of 
     the Senate, 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 
     the Senate to change such rules (so far as relating to the 
     Senate) at any time, in the same manner, and to the same 
     extent as in the case of any other rule of the Senate.
       On page 42, lines 20 and 21, strike ``the Committee on 
     Government Reform and Oversight of the House of 
     Representatives and''.
       On page 43, strike lines 9 through 12, and insert the 
     following:
       ``(A)       ''.
                                                                    ____


                            Amendment No. 29

       On page 32, strike lines 12 through 24, and insert the 
     following:
       ``The provisions of sections 101, 102, 103, 104, and 107 
     are enacted by the Senate--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and as such they shall be considered as part of the rules of 
     the Senate 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 
     the Senate to change such rules (so far as relating to the 
     Senate) at any 
     [[Page S1098]] time, in the same manner, and to the same 
     extent as in the case of any other rule of the Senate.''
                                 ______


                   DODD (AND OTHERS) AMENDMENT NO. 30

  (Ordered to lie on the table.)
  Mr. DODD (for himself, Mr. Daschle, and Mr. Lautenberg) submitted the 
following amendment intended to be proposed by them to the bill S. 1, 
supra; as follows:

       At the appropriate place in the bill, insert the following:

     SEC.  . CONGRESSIONAL ENFORCEMENT OF A BALANCED BUDGET.

       (a) Purpose.--The Congress declares it essential that the 
     Congress prior to adopting in the 1st session of the 104th 
     Congress a joint resolution proposing an amendment to the 
     Constitution requiring a balanced Federal budget--
       (1) set forth with specificity the policies that achieving 
     such a balanced Federal budget would require; and
       (2) enforce through the congressional budget process the 
     requirement to achieve a balanced Federal budget.
       (b) Point of Order Against Budget Resolutions That Fail To 
     Set Forth a Glide Path to a Balanced Budget.--Section 301 of 
     the Congressional Budget Act of 1974 is amended by inserting 
     at the end thereof the following new subsection:
       ``(j) Congressional Enforcement of a Balanced Budget.--It 
     shall not be in order to consider any concurrent resolution 
     on the budget (or amendment, motion, or conference report 
     thereon) that--
       ``(1) fails to set forth appropriate levels for all items 
     described in subsection (a)(1) through (7) for all fiscal 
     years through 2002;
       ``(2) sets forth a level of outlays for fiscal year 2002 or 
     any subsequent fiscal year that exceeds the level of revenues 
     for that fiscal year; or
       ``(3) relies on the assumption of either--
       ``(A) reductions in direct spending; or
       ``(B) increases in revenues, without including specific 
     reconciliation instructions under section 310 to carry out 
     those assumptions.''.
       (c) Requirement for 60 Votes To Waive or Appeal in the 
     Senate.--Section 904 of the Congressional Budget Act of 1974 
     is amended by inserting ``301(j),'' after ``301(i),'' in both 
     places that it appears.
       (d) Suspension in the Event of War or Congressionally 
     Declared Low Growth.--Section 258(b)(2) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 is amended 
     by inserting ``301(j),'' after ``sections''.
       (e) Effective Date.--The amendments made by subsections 
     (b), (c), and (d) shall take effect on the date that a joint 
     resolution proposing a balanced budget amendment to the 
     Constitution is adopted by the Congress.
                                 ______


                  GORTON (AND OTHERS) AMENDMENT NO. 31

  Mr. GORTON (for himself, Mr. Lieberman, and Mr. Gramm) proposed an 
amendment to the bill S. 1, supra; as follows:

       At the end of the language proposed to be stricken by the 
     amendment, add the following:

     SEC.  . NATIONAL HISTORY STANDARDS.

       (a) In General.--Notwithstanding any other provision of 
     law, the National Education Goals Panel shall disapprove, and 
     the National Education Standards and Improvement Council 
     shall not certify, any voluntary national content standards, 
     voluntary national student performance standards, or criteria 
     for the certification of such content and student performance 
     standards, on the subject of world and United States history, 
     developed prior to the date of enactment of this Act.
       (b) Prohibition.--No Federal funds shall be awarded to, or 
     expended by, the National Center for History in the Schools, 
     after the date of enactment of this Act, for the development 
     of voluntary national content standards, voluntary national 
     student performance standards, or criteria for the 
     certification of such content and student performance 
     standards, on the subject of such history.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) voluntary national content standards, voluntary 
     national student performance standards, and criteria for the 
     certification of such content and student performance 
     standards, on the subject of world and United States history, 
     established under title II of the Goals 2000: Educate America 
     Act should not be based on standards developed by the 
     National Center for History in the Schools; and
       (2) if the Department of Education, the National Endowment 
     for the Humanities, or any other Federal agency provides 
     funds for the development of the standards and criteria 
     described in paragraph (1), the recipient of such funds 
     should have a decent respect for the contributions of western 
     civilization, and United States history, ideas, and 
     institutions, to the increase of freedom and prosperity 
     around the world.
                                 ______


                     BINGAMAN AMENDMENTS NOS. 32-36

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted five amendments intended to be proposed by him 
to the bill S. 1, supra; as follows:

                            Amendment No. 32

       On page 25, add after line 25 the following new section:
       ``(4) Determination by reporting committee of applicability 
     to pending legislation.--Notwithstanding any provision of 
     paragraph (1)(B), it shall always be in order to consider a 
     bill, resolution, or conference report if such report 
     includes a determination by the reporting committee that the 
     pending measure is needed to serve a compelling national 
     interest that furthers the public health, safety, or 
     welfare.''
                                                                    ____

                            Amendment No. 33

       On page 5, line 23, strike out ``or'' and insert in lieu 
     thereof a semicolon.
       On page 6, insert between lines 2 and 3 the following new 
     subclause:
       ``(III) a law enforcement provision relating to organized 
     crime; or
       On page 7, line 14, strike out ``or''.
       On page 7, insert between lines 16 and 17 the following new 
     clause:
       ``(iii) a law enforcement provision relating to organized 
     crime; or''
                                                                    ____


                            Amendment No. 34

       On page 21, line 24, strike out ``amendment,''.
       On page 22, lines 5 and 6, strike out ``amendment,''.
       On page 22, line 10, strike out ``amendment,''.
       On page 22, lines 14 and 15, strike out ``amendment,''.
       On page 22, line 20, strike out ``amendment,''.
       On page 22, lines 24 and 25, strike out ``amendment,''.
       On page 23, line 9, strike out ``amendment,''.
       On page 27, line 15, strike out ``amendment,''.
                                                                    ____


                            Amendment No. 35

       On page 5, line 23, after ``or'' insert ``a condition of 
     receipt of a Federal license; or''.
       On page 7, line 13, after ``assistance'' insert ``or a 
     condition of receipt of a Federal license''.

                            Amendment No. 36

       On page 5, line 23, strike out ``or'' and insert in lieu 
     thereof a semicolon.
       On page 6, insert between lines 2 and 3 the following new 
     subclause:
       ``(III) any requirement for a license or permit for the 
     treatment and disposal of nuclear and hazardous waste; or
       On page 7, line 14, strike out ``or''.
       On page 7, insert between lines 16 and 17 the following new 
     clause:
       ``(iii) any requirement for a license or permit for the 
     treatment and disposal of nuclear and hazardous waste; or''.
                                 ______


                         KOHL AMENDMENT NO. 37

  (Ordered to lie on the table.)
  Mr. KOHL submitted an amendment intended to be proposed by him to the 
bill S. 1, supra; as follows:

       On page 24, line 21, strike the period and insert the 
     following: ``; and
       ``(v) the bill, joint resolution, amendment, motion, or 
     conference report provides that any State, local, or tribal 
     government that already complies with the Federal 
     intergovernmental mandates included in the bill, joint 
     resolution, amendment, motion, or conference report shall be 
     eligible to receive funds for the cost of the mandate, 
     including the costs the State, local, or tribal government is 
     currently paying and any additional costs necessary to meet 
     the new mandate.''.
                                 ______


                      MURRAY AMENDMENTS NOS. 38-40

  (Ordered to lie on the table.)
  Mrs. MURRAY submitted three amendments intended to be proposed by her 
to the bill S. 1, supra; as follows:

                            Amendment No. 38

       On page 21, insert between lines 13 and 14 the following 
     new paragraph:
       ``(2) Time limitations for estimates.--The Director of the 
     Congressional Budget Office shall provide an estimate as 
     required by this section--
       ``(A) relating to a bill or resolution reported by a 
     committee, no later than one week after the date on which the 
     bill or resolution is reported by the committee; and
       ``(B) relating to an amendment or conference report, no 
     later than one day after the date on which the amendment is 
     offered or the conference report is submitted.''.
                                                                    ____


                            Amendment No. 39

       On page 21, insert between lines 13 and 14 the following 
     new paragraph:
       ``(2) Time limitations for statements.--(A) The Director of 
     the Congressional Budget Office shall provide the statement 
     as required by this section--
       ``(i) relating to a bill or resolution ordered reported by 
     a committee, no later than one week after the date on which 
     the bill or resolution is ordered reported by the committee; 
     and
       ``(ii) relating to an amendment or conference report, no 
     later than one day after the date on which the amendment is 
     offered or the conference report is submitted.
       [[Page S1099]] ``(B) Failure by the Director to meet the 
     time limitations in subparagraph (A) of this paragraph shall 
     vitiate the provisions of subsection (c)(1)(A) of this 
     section.''.
                                                                    ____


                            Amendment No. 40

       On page 12, line 11, insert ``(a)'' before ``The 
     provisions''.
       On page 13, between lines 8 and 9, insert the following:
       (b) The provisions of this Act and the amendments made by 
     this Act also shall not apply to any agreement between the 
     Federal Government and a State, local, or tribal government, 
     or the private sector for the purpose of carrying out 
     environmental restoration or waste management activities of 
     the Department of Defense or the Department of Energy.
                                 ______


                     GRASSLEY AMENDMENTS NOS. 41-44

  (Ordered to lie on the table.)
  Mr. GRASSLEY submitted four amendments, intended to be proposed by 
him, to the bill S. 1, supra; as follows:

                            Amendment No. 41

       On page 26, line 6, redesignate subsection (b) as 
     subsection (c), and insert the following:
       (b) Waiver.--Subsections (c) and (d) of section 904 of the 
     Congressional Budget and Impoundment Control Act of 1974 are 
     amended by inserting ``408(c)(1)(A),'' after ``313,''.
                                                                    ____


                            Amendment No. 42

       On page 12, insert ``age,'' after ``race,''.
                                                                    ____


                            Amendment No. 43

       On page 32, between lines 5 and 6, insert the following:

     SEC. 103A. PROJECTED COSTS OF EXISTING FEDERAL MANDATES.

       Not later than 6 months after the date of enactment of this 
     Act, the Congressional Budget Office shall conduct a study of 
     the projected 5-year costs to State and local governments and 
     the private sector of unfunded mandates in existence on the 
     date of enactment of this Act. The study shall estimate such 
     costs based on the assumption that expiring programs and 
     activities would be reauthorized by Congress.
                                                                    ____


                            Amendment No. 44

       At the appropriate place, insert the following:

     SEC. . COST OF REGULATIONS.

       (a) Sense of the Congress.--It is the sense of the Congress 
     that Federal agencies should review and evaluate planned 
     regulations to ensure that the costs of Federal regulations 
     are within the cost estimates provided by the Congressional 
     Budget Office.
       (b) Statement of Cost.--Not later than January 1, 1998, the 
     Director shall submit a report to the Congress including--
       (1) an estimate of the costs of regulations implementing 
     each Act containing an unfunded Federal mandate (as that term 
     is defined in section 3(13) of the Federal Budget and 
     Impoundment Control Act of 1974, as added by section 3(b) of 
     this Act); and
       (2) a comparison of the costs of such regulations with cost 
     estimate provided for such Act by the Congressional Budget 
     Office.
                                 ______


                         BOXER AMENDMENT NO. 45

  (Ordered to lie on the table.)
  Mrs. BOXER submitted an amendment, intended to be proposed by her to 
the bill, S. 1, supra; as follows:

       On page 13, between lines 8 and 9, insert the following:
       ``(7) is intended to study, control, deter, prevent, 
     prohibit or otherwise mitigate child pornography, child abuse 
     and illegal child labor.''
                                 ______


                     HATFIELD AMENDMENTS NOS. 46-47

  (Ordered to lie on the table.)
  Mr. HATFIELD submitted two amendments, intended to be proposed by him 
to the bill, S. 1, supra; as follows:
                            Amendment No. 46

       At the end of the bill add the following new title:
                               TITLE V--
                   LOCAL EMPOWERMENT AND FLEXIBILITY

     SECTION 501. SHORT TITLE.

       This title may be cited as the ``Local Empowerment and 
     Flexibility Act of 1995''.

     SEC. 502. FINDINGS.

       The Congress finds that--
       (1) historically, Federal programs have addressed the 
     Nation's problems by providing categorical financial 
     assistance with detailed requirements relating to the use of 
     funds;
       (2) while the assistance described in paragraph (1) has 
     been directed at critical problems, some program requirements 
     may inadvertently impede the effective delivery of services;
       (3) the Nation's local governments and private, nonprofit 
     organizations are dealing with increasingly complex problems 
     which require the delivery of many kinds of services;
       (4) the Nation's communities are diverse, and different 
     needs are present in different communities;
       (5) it is more important than ever to provide programs 
     that--
       (A) promote more effective and efficient local delivery of 
     services to meet the full range of needs of individuals, 
     families, and society;
       (B) respond flexibly to the diverse needs of the Nation's 
     communities;
       (C) reduce the barriers between programs that impede local 
     governments' ability to effectively deliver services; and
       (D) empower local governments and private, nonprofit 
     organizations to be innovative in creating programs that meet 
     the unique needs of their communities while continuing to 
     address national policy goals; and
       (6) many communities have innovative planning and community 
     involvement strategies for providing services, but Federal, 
     State, and local regulations often hamper full implementation 
     of local plans.

     SEC. 503. PURPOSES.

       The purposes of this title are to--
       (1) enable more efficient use of Federal, State, and local 
     resources;
       (2) place less emphasis in Federal service programs on 
     measuring resources and procedures and more emphasis on 
     achieving Federal, State, and local policy goals;
       (3) enable local governments and private, nonprofit 
     organizations to adapt programs of Federal financial 
     assistance to the particular needs of their communities, by--
       (A) drawing upon appropriations available from more than 
     one Federal program; and
       (B) integrating programs and program funds across existing 
     Federal financial assistance categories; and
       (4) enable local governments and private, nonprofit 
     organizations to work together and build stronger cooperative 
     partnerships to address critical service problems.

     SEC. 504. DEFINITIONS.

       For purposes of this title--
       (1) the term ``approved local flexibility plan'' means a 
     local flexibility plan that combines funds from Federal, 
     State, local government or private sources to address the 
     service needs of a community (or any part of such a plan) 
     that is approved by the Flexibility Council under section 
     505;
       (2) the term ``community advisory committee'' means such a 
     committee established by a local government under section 
     509;
       (3) the term ``Flexibility Council'' means the council 
     composed of the--
       (A) Assistant to the President for Domestic Policy;
       (B) Assistant to the President for Economic Policy;
       (C) Secretary of the Treasury;
       (D) Attorney General;
       (E) Secretary of the Interior;
       (F) Secretary of Agriculture;
       (G) Secretary of Commerce;
       (H) Secretary of Labor;
       (I) Secretary of Health and Human Services;
       (J) Secretary of Housing and Urban Development;
       (K) Secretary of Transportation;
       (L) Secretary of Education;
       (M) Secretary of Energy;
       (N) Secretary of Veterans Affairs;
       (O) Secretary of Defense;
       (P) Director of Federal Emergency Management Agency;
       (Q) Administrator of the Environmental Protection Agency;
       (R) Director of National Drug Control Policy;
       (S) Administrator of the Small Business Administration;
       (T) Director of the Office of Management and Budget; and
       (U) Chair of the Council of Economic Advisers.
       (4) the term ``covered Federal financial assistance 
     program'' means an eligible Federal financial assistance 
     program that is included in a local flexibility plan of a 
     local government;
       (5) the term ``eligible Federal financial assistance 
     program''--
       (A) means a Federal program under which financial 
     assistance is available, directly or indirectly, to a local 
     government or a qualified organization to carry out the 
     specified program; and
       (B) does not include a Federal program under which 
     financial assistance is provided by the Federal Government 
     directly to a beneficiary of that financial assistance or to 
     a State as a direct payment to an individual;
       (6) the term ``eligible local government'' means a local 
     government that is eligible to receive financial assistance 
     under 1 or more covered Federal programs;
       (7) the term ``local flexibility plan'' means a 
     comprehensive plan for the integration and administration by 
     a local government of financial assistance provided by the 
     Federal Government under 2 or more eligible Federal financial 
     assistance programs;
       (8) the term ``local government'' means a subdivision of a 
     State that is a unit of general local government (as defined 
     under section 6501 of title 31, United States Code);
       (9) the term ``priority funding'' means giving higher 
     priority (including by the assignment of extra points, if 
     applicable) to applications for Federal financial assistance 
     submitted by a local government having an approved local 
     flexibility program, by--
       (A) a person located in the jurisdiction of such a 
     government; or
       (B) a qualified organization eligible for assistance under 
     a covered Federal financial assistance program included in 
     such a plan;
     [[Page S1100]]   (10) the term ``qualified organization'' 
     means a private, nonprofit organization described in section 
     501(c)(3) of the Internal Revenue Code of 1986 that is exempt 
     from taxation under section 501(a) of the Internal Revenue 
     Code of 1986; and
       (11) the term ``State'' means the 50 States, the District 
     of Columbia, Puerto Rico, American Samoa, Guam, and the 
     Virgin Islands.

     SEC. 505. PROVISION OF FEDERAL FINANCIAL ASSISTANCE IN 
                   ACCORDANCE WITH APPROVED LOCAL FLEXIBILITY 
                   PLAN.

       (a) Payments to Local Governments.--Notwithstanding any 
     other provision of law, amounts available to a local 
     government or a qualified organization under a covered 
     Federal financial assistance program included in an approved 
     local flexibility plan shall be provided to and used by the 
     local government or organization in accordance with the 
     approved local flexibility plan.
       (b) Eligibility for Benefits.--An individual or family that 
     is eligible for benefits or services under a covered Federal 
     financial assistance program included in an approved local 
     flexibility plan may receive those benefits only in 
     accordance with the approved local flexibility plan.

     SEC. 506. APPLICATION FOR APPROVAL OF LOCAL FLEXIBILITY PLAN.

       (a) In General.--A local government may submit to the 
     Flexibility Council in accordance with this section an 
     application for approval of a local flexibility plan.
       (b) Contents of Application.--An application submitted 
     under this section shall include--
       (1)(A) a proposed local flexibility plan that complies with 
     subsection (c); or
       (B) a strategic plan submitted in application for 
     designation as an enterprise community or an empowerment zone 
     under section 1391 of the Internal Revenue Code of 1986;
       (2) certification by the chief executive of the local 
     government, and such additional assurances as may be required 
     by the Flexibility Council, that--
       (A) the local government has the ability and authority to 
     implement the proposed plan, directly or through contractual 
     or other arrangements, throughout the geographic area in 
     which the proposed plan is intended to apply; and
       (B) amounts are available from non-Federal sources to pay 
     the non-Federal share of all covered Federal financial 
     assistance programs included in the proposed plan; and
       (3) any comments on the proposed plan submitted under 
     subsection (d) by the Governor of the State in which the 
     local government is located;
       (4) public comments on the plan including the transcript of 
     at least 1 public hearing and comments of the appropriate 
     community advisory committee established under section 509; 
     and
       (5) other relevant information the Flexibility Council may 
     require to approve the proposed plan.
       (c) Contents of Plan.--A local flexibility plan submitted 
     by a local government under this section shall include--
       (1) the geographic area to which the plan applies and the 
     rationale for defining the area;
       (2) the particular groups of individuals, by service needs, 
     economic circumstances, or other defining factors, who shall 
     receive services and benefits under the plan;
       (3)(A) specific goals and measurable performance criteria, 
     a description of how the plan is expected to attain those 
     goals and criteria;
       (B) a description of how performance shall be measured; and
       (C) a system for the comprehensive evaluation of the impact 
     of the plan on participants, the community, and program 
     costs;
       (4) the eligible Federal financial assistance programs to 
     be included in the plan as covered Federal financial 
     assistance programs and the specific benefits that shall be 
     provided under the plan under such programs, including--
       (A) criteria for determining eligibility for benefits under 
     the plan;
       (B) the services available;
       (C) the amounts and form (such as cash, in-kind 
     contributions, or financial instruments) of nonservice 
     benefits; and
       (D) any other descriptive information the Flexibility 
     Council considers necessary to approve the plan;
       (5) except for the requirements under section 508(b)(3), 
     any Federal statutory or regulatory requirement applicable 
     under a covered Federal financial assistance program included 
     in the plan, the waiver of which is necessary to implement 
     the plan;
       (6) fiscal control and related accountability procedures 
     applicable under the plan;
       (7) a description of the sources of all non-Federal funds 
     that are required to carry out covered Federal financial 
     assistance programs included in the plan;
       (8) written consent from each qualified organization for 
     which consent is required under section 506(b)(2); and
       (9) other relevant information the Flexibility Council may 
     require to approve the plan.
       (d) Procedure for Applying.--(1) To apply for approval of a 
     local flexibility plan, a local government shall submit an 
     application in accordance with this section to the Governor 
     of the State in which the local government is located.
       (2) A Governor who receives an application from a local 
     government under paragraph (1) may, by no later than 30 days 
     after the date of that receipt--
       (A) prepare comments on the proposed local flexibility plan 
     included in the application;
       (B) describe any State laws which are necessary to waive 
     for successful implementation of a local plan; and
       (C) submit the application and comments to the Flexibility 
     Council.
       (3) If a Governor fails to act within 30 days after 
     receiving an application under paragraph (2), the applicable 
     local government may submit the application to the 
     Flexibility Council.

     SEC. 507. REVIEW AND APPROVAL OF LOCAL FLEXIBILITY PLANS.

       (a) Review of Applications.--Upon receipt of an application 
     for approval of a local flexibility plan under this title, 
     the Flexibility Council shall--
       (1) approve or disapprove all or part of the plan within 45 
     days after receipt of the application;
       (2) notify the applicant in writing of that approval or 
     disapproval by not later than 15 days after the date of that 
     approval or disapproval; and
       (3) in the case of any disapproval of a plan, include a 
     written justification of the reasons for disapproval in the 
     notice of disapproval sent to the applicant.
       (b) Approval.--(1) The Flexibility Council may approve a 
     local flexibility plan for which an application is submitted 
     under this title, or any part of such a plan, if a majority 
     of members of the Council determines that--
       (A) the plan or part shall improve the effectiveness and 
     efficiency of providing benefits under covered Federal 
     programs included in the plan by reducing administrative 
     inflexibility, duplication, and unnecessary expenditures;
       (B) the applicant local government has adequately 
     considered, and the plan or part of the plan appropriately 
     addresses, any effect that administration of each covered 
     Federal program under the plan or part of the plan shall have 
     on administration of the other covered Federal programs under 
     that plan or part of the plan;
       (C) the applicant local government has or is developing 
     data bases, planning, and evaluation processes that are 
     adequate for implementing the plan or part of the plan;
       (D) the plan shall more effectively achieve Federal 
     financial assistance goals at the local level and shall 
     better meet the needs of local citizens;
       (E) implementation of the plan or part of the plan shall 
     adequately achieve the purposes of this title and of each 
     covered Federal financial assistance program under the plan 
     or part of the plan;
       (F) the plan and the application for approval of the plan 
     comply with the requirements of this title;
       (G) the plan or part of the plan is adequate to ensure that 
     individuals and families that receive benefits under covered 
     Federal financial assistance programs included in the plan or 
     part shall continue to receive benefits that meet the needs 
     intended to be met under the program; and
       (H) the local government has--
       (i) waived the corresponding local laws necessary for 
     implementation of the plan; and
       (ii) sought any necessary waivers from the State.
       (2) The Flexibility Council may not approve any part of a 
     local flexibility plan if--
       (A) implementation of that part would result in any 
     increase in the total amount of obligations or outlays of 
     discretionary appropriations or direct spending under covered 
     Federal financial assistance programs included in that part, 
     over the amounts of such obligations and outlays that would 
     occur under those programs without implementation of the 
     part; or
       (B) in the case of a plan or part that applies to 
     assistance to a qualified organization under an eligible 
     Federal financial assistance program, the qualified 
     organization does not consent in writing to the receipt of 
     that assistance in accordance with the plan.
       (3) The Flexibility Council shall disapprove a part of a 
     local flexibility plan if a majority of the Council 
     disapproves that part of the plan based on a failure of the 
     part to comply with paragraph (1).
       (4) In approving any part of a local flexibility plan, the 
     Flexibility Council shall specify the period during which the 
     part is effective. An approved local flexibility plan shall 
     not be effective after the date of the termination of 
     effectiveness of this title under section 513.
       (5) Disapproval by the Flexibility Council of any part of a 
     local flexibility plan submitted by a local government under 
     this title shall not affect the eligibility of a local 
     government, a qualified organization, or any individual for 
     benefits under any Federal program.
       (c) Memoranda of Understanding.--(1) The Flexibility 
     Council may not approve a part of a local flexibility plan 
     unless each local government and each qualified organization 
     that would receive financial assistance under the plan enters 
     into a memorandum of understanding under this subsection with 
     the Flexibility Council.
       (2) A memorandum of understanding under this subsection 
     shall specify all understandings that have been reached by 
     the Flexibility Council, the local government, and each 
     qualified organization that is subject to a local flexibility 
     plan, regarding the approval and implementation of all parts 
     of a local 
     [[Page S1101]] flexibility plan that are the subject of the 
     memorandum, including understandings with respect to--
       (A) all requirements under covered Federal financial 
     assistance programs that are to be waived by the Flexibility 
     Council under section 508(b);
       (B)(i) the total amount of Federal funds that shall be 
     provided as benefits under or used to administer covered 
     Federal financial assistance programs included in those 
     parts; or
       (ii) a mechanism for determining that amount, including 
     specification of the total amount of Federal funds that shall 
     be provided or used under each covered Federal financial 
     assistance program included in those parts;
       (C) the sources of all non-Federal funds that shall be 
     provided as benefits under or used to administer those parts;
       (D) measurable performance criteria that shall be used 
     during the term of those parts to determine the extent to 
     which the goals and performance levels of the parts are 
     achieved; and
       (E) the data to be collected to make that determination.
       (d) Limitation on Confidentiality Requirements.--The 
     Flexibility Council may not, as a condition of approval of 
     any part of a local flexibility plan or with respect to the 
     implementation of any part of an approved local flexibility 
     plan, establish any confidentiality requirement that would--
       (1) impede the exchange of information needed for the 
     design or provision of benefits under the parts; or
       (2) conflict with law.

     SEC. 508. IMPLEMENTATION OF APPROVED LOCAL FLEXIBILITY PLANS; 
                   WAIVER OF REQUIREMENTS.

       (a) Payments and Administration in Accordance With Plan.--
     Notwithstanding any other law, any benefit that is provided 
     under a covered Federal financial assistance program included 
     in an approved local flexibility plan shall be paid and 
     administered in the manner specified in the approved local 
     flexibility plan.
       (b) Waiver of Requirements.--(1) Notwithstanding any other 
     law and subject to paragraphs (2) and (3), the Flexibility 
     Council may waive any requirement applicable under Federal 
     law to the administration of, or provision of benefits under, 
     any covered Federal assistance program included in an 
     approved local flexibility plan, if that waiver is--
       (A) reasonably necessary for the implementation of the 
     plan; and
       (B) approved by a majority of members of the Flexibility 
     Council.
       (2) The Flexibility Council may not waive a requirement 
     under this subsection unless the Council finds that waiver of 
     the requirement shall not result in a qualitative reduction 
     in services or benefits for any individual or family that is 
     eligible for benefits under a covered Federal financial 
     assistance program.
       (3) The Flexibility Council may not waive any requirement 
     under this subsection--
       (A) that enforces any constitutional or statutory right of 
     an individual, including any right under--
       (i) title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.);
       (ii) section 504 of the Rehabilitation Act of 1973 (29 
     U.S.C. 701 et seq.);
       (iii) title IX of the Education Amendments of 1972 (86 
     Stat. 373 et seq.);
       (iv) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et 
     seq.); or
       (v) the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12101 et seq.);
       (B) for payment of a non-Federal share of funding of an 
     activity under a covered Federal financial assistance 
     program; or
       (C) for grants received on a maintenance of effort basis.
       (c) Special Assistance.--To the extent permitted by law, 
     the head of each Federal agency shall seek to provide special 
     assistance to a local government or qualified organization to 
     support implementation of an approved local flexibility plan, 
     including expedited processing, priority funding, and 
     technical assistance.
       (d) Evaluation and Termination.--(1) A local government, in 
     accordance with regulations issued by the Flexibility 
     Council, shall--
       (A) submit such reports on and cooperate in such audits of 
     the implementation of its approved local flexibility plan; 
     and
       (B) periodically evaluate the effect implementation of the 
     plan has had on--
       (i) individuals who receive benefits under the plan;
       (ii) communities in which those individuals live; and
       (iii) costs of administering covered Federal financial 
     assistance programs included in the plan.
       (2) No later than 90 days after the end of the 1-year 
     period beginning on the date of the approval by the 
     Flexibility Council of an approved local flexibility plan of 
     a local government, and annually thereafter, the local 
     government shall submit to the Flexibility Council a report 
     on the principal activities and achievements under the plan 
     during the period covered by the report, comparing those 
     achievements to the goals and performance criteria included 
     in the plan under section 506(c)(3).
       (3)(A) The Flexibility Council may terminate the 
     effectiveness of an approved local flexibility plan, if the 
     Flexibility Council, after consultation with the head of each 
     Federal agency responsible for administering a covered 
     Federal financial assistance program included in such, 
     determines--
       (i) that the goals and performance criteria included in the 
     plan under section 506(c)(3) have not been met; and
       (ii) after considering any experiences gained in 
     implementation of the plan, that those goals and criteria are 
     sound.
       (B) In terminating the effectiveness of an approved local 
     flexibility plan under this paragraph, the Flexibility 
     Council shall allow a reasonable period of time for 
     appropriate Federal, State, and local agencies and qualified 
     organizations to resume administration of Federal programs 
     that are covered Federal financial assistance programs 
     included in the plan.
       (e) Final Report; Extension of Plans.--(1) No later than 45 
     days after the end of the effective period of an approved 
     local flexibility plan of a local government, or at any time 
     that the local government determines that the plan has 
     demonstrated its worth, the local government shall submit to 
     the Flexibility Council a final report on its implementation 
     of the plan, including a full evaluation of the successes and 
     shortcomings of the plan and the effects of that 
     implementation on individuals who receive benefits under 
     those programs.
       (2) The Flexibility Council may extend the effective period 
     of an approved local flexibility plan for such period as may 
     be appropriate, based on the report of a local government 
     under paragraph (1).

     SEC. 509. COMMUNITY ADVISORY COMMITTEES.

       (a) Establishment.--A local government that applies for 
     approval of a local flexibility plan under this title shall 
     establish a community advisory committee in accordance with 
     this section.
       (b) Functions.--A community advisory committee shall advise 
     a local government in the development and implementation of 
     its local flexibility plan, including advice with respect 
     to--
       (1) conducting public hearings; and
       (2) reviewing and commenting on all community policies, 
     programs, and actions under the plan which affect low income 
     individuals and families, with the purpose of ensuring 
     maximum coordination and responsiveness of the plan in 
     providing benefits under the plan to those individuals and 
     families.
       (c) Membership.--The membership of a community advisory 
     committee shall--
       (1) consist of--
       (A) persons with leadership experience in the private and 
     voluntary sectors;
       (B) local elected officials;
       (C) representatives of participating qualified 
     organizations; and
       (D) the general public; and
       (2) include individuals and representatives of community 
     organizations who shall help to enhance the leadership role 
     of the local government in developing a local flexibility 
     plan.
       (d) Opportunity for Review and Comment by Committee.--
     Before submitting an application for approval of a final 
     proposed local flexibility plan, a local government shall 
     submit the final proposed plan for review and comment by a 
     community advisory committee established by the local 
     government.
       (e) Committee Review of Reports.--Before submitting annual 
     or final reports on an approved Federal assistance plan, a 
     local government or private nonprofit organization shall 
     submit the report for review and comment to the community 
     advisory committee.

     SEC. 510. TECHNICAL AND OTHER ASSISTANCE.

       (a) Technical Assistance.--(1) The Flexibility Council may 
     provide, or direct that the head of a Federal agency provide, 
     technical assistance to a local government or qualified 
     organization in developing information necessary for the 
     design or implementation of a local flexibility plan.
       (2) Assistance may be provided under this subsection if a 
     local government makes a request that includes, in accordance 
     with requirements established by the Flexibility Council--
       (A) a description of the local flexibility plan the local 
     government proposes to develop;
       (B) a description of the groups of individuals to whom 
     benefits shall be provided under covered Federal assistance 
     programs included in the plan; and
       (C) such assurances as the Flexibility Council may require 
     that--
       (i) in the development of the application to be submitted 
     under this title for approval of the plan, the local 
     government shall provide adequate opportunities to 
     participate to--
       (I) individuals and families that shall receive benefits 
     under covered Federal financial assistance programs included 
     in the plan; and
       (II) governmental agencies that administer those programs; 
     and
       (ii) the plan shall be developed after considering fully--
       (I) needs expressed by those individuals and families;
       (II) community priorities; and
       (III) available governmental resources in the geographic 
     area to which the plan shall apply.
       (b) Details to Council.--At the request of the Flexibility 
     Council and with the approval of an agency head who is a 
     member of the Council, agency staff may be detailed to the 
     Flexibility Council on a nonreimbursable basis.
     [[Page S1102]] SEC. 511. FLEXIBILITY COUNCIL.

       (a) Functions.--The Flexibility Council shall--
       (1) receive, review, and approve or disapprove local 
     flexibility plans for which approval is sought under this 
     title;
       (2) upon request from an applicant for such approval, 
     direct the head of an agency that administers a covered 
     Federal financial assistance program under which substantial 
     Federal financial assistance would be provided under the plan 
     to provide technical assistance to the applicant;
       (3) monitor the progress of development and implementation 
     of local flexibility plans;
       (4) perform such other functions as are assigned to the 
     Flexibility Council by this title; and
       (5) issue regulations to implement this title within 180 
     days after the date of its enactment.
       (b) Reports.--No less than 18 months after the date of the 
     enactment of this Act, and annually thereafter, the 
     Flexibility Council shall submit a report on the 5 Federal 
     regulations that are most frequently waived by the 
     Flexibility Council for local governments with approved local 
     flexibility plans to the President and the Congress. The 
     President shall review the report and determine whether to 
     amend or terminate such Federal regulations.

     SEC. 512. REPORT.

       No later than 54 months after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to the Congress, a report that--
       (1) describes the extent to which local governments have 
     established and implemented approved local flexibility plans;
       (2) evaluates the effectiveness of covered Federal 
     assistance programs included in approved local flexibility 
     plans; and
       (3) includes recommendations with respect to local 
     flexibility.

     SEC. 513. CONDITIONAL TERMINATION.

       This title is repealed on the date that is 5 years after 
     the date of the enactment of this Act unless extended by the 
     Congress through the enactment of the resolution described 
     under section 514.

     SEC. 515. JOINT RESOLUTION FOR THE CONTINUATION AND EXPANSION 
                   OF LOCAL FLEXIBILITY PROGRAMS.

       (a) Description of Resolution.--A resolution referred to 
     under section 513 is a joint resolution the matter after the 
     resolving clause is as follows: ``That Congress approves the 
     application of local flexibility plans to all local 
     governments in the United States in accordance with the Local 
     Empowerment and Flexibility Act of 1995, and that--
       ``(1) if the provisions of such Act have not been repealed 
     under section 513 of such Act, such provisions shall remain 
     in effect; and
       ``(2) if the repeal under section 513 of such Act has taken 
     effect, the provisions of such Act shall be effective as 
     though such provisions had not been repealed.''.
       (b) Introduction.--No later than 30 days after the 
     transmittal by the Comptroller General of the United States 
     to the Congress of the report required in section 512, a 
     resolution as described under subsection (a) shall be 
     introduced in the Senate by the chairman of the Committee on 
     Governmental Affairs, or by a Member or Members of the Senate 
     designated by such chairman, and shall be introduced in the 
     House of Representatives by the Chairman of the Committee on 
     Government Operations, or by a Member or Members of the House 
     of Representatives designated by such chairman.
       (c) Referral.--A resolution as described under subsection 
     (a) shall be referred to the Committee on Governmental 
     Affairs of the Senate and the Committee on Government 
     Operations of the House of Representatives. The committee 
     shall make its recommendations to the Senate or House of 
     Representatives within 30 calendar days of the date of such 
     resolution's introduction.
       (d) Discharge From Committee.--If the committee to which a 
     resolution is referred has not reported such resolution at 
     the end of 30 calendar days after its introduction, that 
     committee shall be deemed to be discharged from further 
     consideration of such resolution and such resolution shall be 
     placed on the appropriate calendar of the House involved.
       (e) Vote on Final Passage.--When the committee has reported 
     or has been deemed to be discharged from further 
     consideration of a resolution described under subsection (a), 
     it is at any time thereafter in order for any Member of the 
     respective House to move to proceed to the consideration of 
     the resolution.
       (f) Rules of the Senate and House.--This section is enacted 
     by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a resolution described in 
     subsection (a), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
                                                                    ____

                            Amendment No. 47

       At the end of the bill, and the following new title:

                    TITLE V--OREGON OPTION PROPOSAL

     SEC. 501. OREGON OPTION PROPOSAL.

       (a) Findings.--The Senate finds that--
       (1) Federal, State and local governments are dealing with 
     increasingly complex problems which require the delivery of 
     many kinds of social services at all levels of government;
       (2) historically, Federal programs have addressed the 
     Nation's problems by providing categorical assistance with 
     detailed requirements relating to the use of funds which are 
     often delivered by State and local governments;
       (3) although the current approach is one method of service 
     delivery, a number of problems exist in the current 
     intergovernmental structure that impede effective delivery of 
     vital services by State and local governments;
       (4) it is more important than ever to provide programs that 
     respond flexibly to the needs of the Nation's States and 
     communities, reduce the barriers between programs that impede 
     Federal, State and local governments' ability to effectively 
     deliver services, encourage the Nation's Federal, State and 
     local governments to be innovative in creating programs that 
     meet the unique needs of the people in their communities 
     while continuing to address national goals, and improve the 
     accountability of all levels of government by better 
     measuring government performance and better meeting the needs 
     of service recipients;
       (5) the State and local governments of Oregon have begun a 
     pilot project, called the Oregon Option, that will utilize 
     strategic planning and performance-based management that may 
     provide new models for intergovernmental social service 
     delivery;
       (6) the Oregon Option is a prototype of a new 
     intergovernmental relations system, and it has the potential 
     to completely transform the relationships among Federal, 
     State and local governments by creating a system of 
     intergovernmental service delivery and funding that is based 
     on measurable performance, customer satisfaction, prevention, 
     flexibility, and service integration; and
       (7) the Oregon Option has the potential to dramatically 
     improve the quality of Federal, State and local services to 
     Oregonians.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Oregon Option project has the potential to improve 
     intergovernmental service delivery by shifting accountability 
     from compliance to performance results and that the Federal 
     Government should continue in its partnership with the State 
     and local governments of Oregon to fully implement the Oregon 
     Option.
                                 ______


                      McCAIN AMENDMENTS NOS. 48-50

  (Ordered to lie on the table.)
  Mr. McCAIN submitted three amendments, intended to be proposed by 
him, to the bill S. 1, supra; as follows:

                            Amendment No. 48

       On page 20, strike line 15 and insert the following: ``that 
     determination in the statement.
       ``(iv) The Director shall, to the extent permitted in law, 
     develop an effective process to permit elected officials (or 
     their designated representatives) of State, local, and tribal 
     governments to provide meaningful and timely input in the 
     development of the cost estimates to be prepared by the 
     Congressional Budget Office pursuant to this Act.''
                                                                    ____


                            Amendment No. 49

       On page 32, strike line 9 through line 23, and insert in 
     lieu thereof the following: ``permitted in Chapter 5 of Title 
     5, United States Code (Commonly referred to as the 
     Administrative Procedures Act)--
       ``(1) assess the effects of Federal regulations on State, 
     local, and tribal governments (other than to the extent that 
     such regulations incorporate requirements specifically set 
     forth in legislation), and the private sector including 
     specifically the availability of resources to carry out any 
     Federal intergovernmental mandates in those regulations; and
       ``(2) seek to minimize those burdens that uniquely or 
     significantly affect such governmental entities, consistent 
     with achieving statutory and regulatory objectives.
       ``(b) State, Local, and Tribal Government Input.--Each 
     agency shall, to the extent permitted in the Administrative 
     Procedures Act, develop an effective process to permit 
     elected officials.''
       On page 25, strike lines 7 through 10, and insert the 
     following: ``(3) Committee on appropriations.--Paragraph 
     (1)--
       ``(A) shall not apply to any bill or resolution reported by 
     the Committee on Appropriations of the Senate or the House of 
     Representatives; but
       ``(B) shall apply to--
       ``(i) Any legislative provision increasing direct costs of 
     a federal inter-governmental mandate contained in any bill or 
     resolution reported by such Committee;
       ``(ii) any legislative provision increasing direct costs of 
     a federal inter-governmental mandate contained in any 
     amendment offered to a bill or resolution reported by such 
     Committee;
       ``(iii) any legislative provision increasing direct costs 
     of a federal inter-governmental mandate in a conference 
     report accompanying a bill or resolution reported by such 
     Committee; and
        [[Page S1103]] ``(iv) any legislative provision increasing 
     direct costs of a federal inter-governmental mandate 
     contained in any amendments in disagreement between the two 
     Houses to any bill or resolution reported by such Committee.
       ``(C) Upon a point of order being made by any Senator 
     against any provision listed in Paragraph (3)(B), and the 
     point of order being sustained by the Chair, such specific 
     provision shall be deemed stricken from the bill, resolution, 
     amendment, amendment in disagreement, or conference report 
     and may not be offered as an amendment from the floor.''.
                                 ______


                       McCONNELL AMENDMENT NO. 51

  (Ordered to lie on the table.)
  Mr. McCONNELL submitted an amendment intended to be proposed by him 
to the bill, S. 1, supra, as follows:

       On page 12, line 18, after ``national origin,'' insert 
     ``age,''.
                                 ______


                     BUMPERS AMENDMENTS NOS. 52-53

  (Ordered to lie on the table.)
  Mr. BUMPERS submitted two amendments intended to be proposed by him 
to the bill, S. 1, supra, as follows:

                            Amendment No. 52
       At the appropriate place, insert the following new title:
         TITLE ____--COLLECTION OF STATE AND LOCAL SALES TAXES

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Consumer and Main Street 
     Business Protection Act of 1995''.

     SEC. ____02. FINDINGS.

       The Congress finds that--
       (1) merchandise purchased from out-of-State firms is 
     subject to State and local sales taxes in the same manner as 
     merchandise purchased from in-State firms,
       (2) State and local governments generally are unable to 
     compel out-of-State firms to collect and remit such taxes, 
     and consequently, many out-of-State firms choose not to 
     collect State and local taxes on merchandise delivered across 
     State lines,
       (3) moreover, many out-of-State firms fail to inform their 
     customers that such taxes exist, with some firms even falsely 
     claim that merchandise purchased out-of-State is tax-free, 
     and consequently, many consumers unknowingly incur tax 
     liabilities, including interest and penalty charges,
       (4) Congress has a duty to protect consumers from explicit 
     or implicit misrepresentations of State and local sales tax 
     obligations,
       (5) small businesses, which are compelled to collect State 
     and local sales taxes, are subject to unfair competition when 
     out-of-State firms cannot be compelled to collect and remit 
     such taxes on their sales to residents of the State,
       (6) State and local governments provide a number of 
     resources to out-of-State firms including government services 
     relating to disposal of tons of catalogs, mail delivery, 
     communications, and bank and court systems,
       (7) the inability of State and local governments to require 
     out-of-State firms to collect and remit sales taxes deprives 
     State and local governments of needed revenue and forces such 
     State and local governments to raise taxes on taxpayers, 
     including consumers and small businesses, in such State,
       (8) the Supreme Court ruled in Quill Corporation v. North 
     Dakota, 112 S. Ct. 1904 (1992) that the due process clause of 
     the Constitution does not prohibit a State government from 
     imposing personal jurisdiction and tax obligations on out-of-
     State firms that purposefully solicit sales from residents 
     therein, and that the Congress has the power to authorize 
     State governments to require out-of-State firms to collect 
     State and local sales taxes, and
       (9) as a matter of federalism, the Federal Government has a 
     duty to assist State and local governments in collecting 
     sales taxes on sales from out-of-State firms.

     SEC. ____03. AUTHORITY FOR COLLECTION OF SALES TAX.

       (a) In General.--A State is authorized to require a person 
     who is subject to the personal jurisdiction of the State to 
     collect and remit a State sales tax, a local sales tax, or 
     both, with respect to tangible personal property if--
       (1) the destination of the tangible personal property is in 
     the State,
       (2) during the 1-year period ending on September 30 of the 
     calendar year preceding the calendar year in which the 
     taxable event occurs, the person has gross receipts from 
     sales of such tangible personal property--
       (A) in the United States exceeding $3,000,000, or
       (B) in the State exceeding $100,000, and
       (3) the State, on behalf of its local jurisdictions, 
     collects and administers all local sales taxes imposed 
     pursuant to this title.
       (b) States Must Collect Local Sales Taxes.-- Except as 
     provided in section ____04(d), a State in which both State 
     and local sales taxes are imposed may not require State sales 
     taxes to be collected and remitted under subsection (a) 
     unless the State also requires the local sales taxes to be 
     collected and remitted under subsection (a).
       (c) Aggregation Rules.--All persons that would be treated 
     as a single employer under section 52 (a) or (b) of the 
     Internal Revenue Code of 1986 shall be treated as one person 
     for purposes of subsection (a).
       (d) Destination.--For purposes of subsection (a), the 
     destination of tangible personal property is the State or 
     local jurisdiction which is the final location to which the 
     seller ships or delivers the property, or to which the seller 
     causes the property to be shipped or delivered, regardless of 
     the means of shipment or delivery or the location of the 
     buyer.

     SEC.____04. TREATMENT OF LOCAL SALES TAXES.

       (a) Uniform Local Sales Taxes.--
       (1) In general.--Sales taxes imposed by local jurisdictions 
     of a State shall be deemed to be uniform for purposes of this 
     title and shall be collected under this title in the same 
     manner as State sales taxes if--
       (A) such local sales taxes are imposed at the same rate and 
     on identical transactions in all geographic areas in the 
     State, and
       (B) such local sales taxes imposed on sales by out-of-State 
     persons are collected and administered by the State.
       (2) Application to border jurisdiction tax rates.--A State 
     shall not be treated as failing to meet the requirements of 
     paragraph (1)(A) if, with respect to a local jurisdiction 
     which borders on another State, such State or local 
     jurisdiction--
       (A) either reduces or increases the local sales tax in 
     order to achieve a rate of tax equal to that imposed by the 
     bordering State on identical transactions, or
       (B) exempts from the tax transactions which are exempt from 
     tax in the bordering State.
       (b) Nonuniform Local Sales Taxes.--
       (1) In general.--Except as provided in subsection (d), 
     nonuniform local sales taxes required to be collected 
     pursuant to this title shall be collected under one of the 
     options provided under paragraph (2).
       (2) Election.--For purposes of paragraph (1), any person 
     required under authority of this title to collect nonuniform 
     local sales taxes shall elect to collect either--
       (A) all nonuniform local sales taxes applicable to 
     transactions in the State, or
       (B) a fee (at the rate determined under paragraph (3)) 
     which shall be in lieu of the nonuniform local sales taxes 
     described in subparagraph (A).

     Such election shall require the person to use the method 
     elected for all transactions in the State while the election 
     is in effect.
       (3) Rate of in-lieu fee.--For purposes of paragraph (2)(B), 
     the rate of the in-lieu fee for any calendar year shall be an 
     amount equal to the product of--
       (A) the amount determined by dividing total nonuniform 
     local sales tax revenues collected in the State for the most 
     recently completed State fiscal year for which data is 
     available by total State sales tax revenues for the same 
     year, and
       (B) the State sales tax rate.

     Such amount shall be rounded to the nearest 0.25 percent.
       (4) Nonuniform local sales taxes.--For purposes of this 
     title, nonuniform local sales taxes are local sales taxes 
     which do not meet the requirements of subsection (a).
       (c) Distribution of Local Sales Taxes.--
       (1) In general.--Except as provided in subsection (d), a 
     State shall distribute to local jurisdictions a portion of 
     the amounts collected pursuant to this title determined on 
     the basis of--
       (A) in the case of uniform local sales taxes, the 
     proportion which each local jurisdiction receives of uniform 
     local sales taxes not collected pursuant to this title,
       (B) in the case of in-lieu fees described in subsection 
     (b)(2)(B), the proportion which each local jurisdiction's 
     nonuniform local sales tax receipts bears to the total 
     nonuniform local sales tax receipts in the State, and
       (C) in the case of any nonuniform local sales tax collected 
     pursuant to this title, the geographical location of the 
     transaction on which the tax was imposed.

     The amounts determined under subparagraphs (A) and (B) shall 
     be calculated on the basis of data for the most recently 
     completed State fiscal year for which the data is available.
       (2) Timing.--Amounts described in paragraph (1) (B) or (C) 
     shall be distributed by a State to its local jurisdictions in 
     accordance with State timetables for distributing local sales 
     taxes, but not less frequently than every calendar quarter. 
     Amounts described in paragraph (1)(A) shall be distributed by 
     a State as provided under State law.
       (3) Transition rule.--If, upon the effective date of this 
     title, a State has a State law in effect providing a method 
     for distributing local sales taxes other than the method 
     under this subsection, then this subsection shall not apply 
     to that State until the 91st day following the adjournment 
     sine die of that State's next regular legislative session 
     which convenes after the effective date of this title (or 
     such earlier date as State law may provide). Local sales 
     taxes collected pursuant to this title prior to the 
     application of this subsection shall be distributed as 
     provided by State law.
       (d) Exception Where State Board Collects Taxes.--
     Notwithstanding section ____03(b) and subsections (b) and (c) 
     of this section, if a State had in effect on January 1, 1995, 
     a State law which provides that local sales taxes are 
     collected and remitted by a board of elected States officers, 
     then for any period during which such law continues in 
     effect--
       (1) the State may require the collection and remittance 
     under this title of only the 
     [[Page S1104]] State sales taxes and the uniform portion of 
     local sales taxes, and
       (2) the State may distribute any local sales taxes 
     collected pursuant to this title in accordance with State 
     law.

     SEC.____05. RETURN AND REMITTANCE REQUIREMENTS.

       (a) In General.--A State may not require any person subject 
     to this title--
       (1) to file a return reporting the amount of any tax 
     collected or required to be collected under this title, or to 
     remit the receipts of such tax, more frequently than once 
     with respect to sales in a calendar quarter, or
       (2) to file the initial such return, or to make the initial 
     such remittance, before the 90th day after the person's first 
     taxable transaction under this Act.
       (b) Local Taxes.--The provisions of subsection (a) shall 
     also apply to any person required by a State acting under 
     authority of this title to collect a local sales tax or in-
     lieu fee.

     SEC.____06. NONDISCRIMINATION AND EXEMPTIONS.

       Any State which exercises any authority granted under this 
     title shall allow to all persons subject to this title all 
     exemptions or other exceptions to State and local sales taxes 
     which are allowed to persons located within the State or 
     local jurisdiction.

     SEC.____07. APPLICATION OF STATE LAW.

       (a) Persons Required To Collect State or Local Sales Tax.--
     Any person required by section ____03 to collect a State or 
     local sales tax shall be subject to the laws of such State 
     relating to such sales tax to the extent that such laws are 
     consistent with the limitations contained in this title.
       (b) Limitations.--Except as provided in subsection (a), 
     nothing in this title shall be construed to permit a State--
       (1) to license or regulate any person,
       (2) to require any person to qualify to transact intrastate 
     business, or
       (3) to subject any person to State taxes not related to the 
     sales of tangible personnel property.
       (c) Preemption.--Except as otherwise provided in this 
     title, this title shall not be construed to preempt or limit 
     any power exercised or to be exercised by a State or local 
     jurisdiction under the law of such State or local 
     jurisdiction or under any other Federal law.

     SEC.____08. TOLL-FREE INFORMATION SERVICE.

       A State shall not have power under this title to require 
     any person to collect a State or local sales tax on any sale 
     unless, at the time of such sale, such State has a toll-free 
     telephone service available to provide such person 
     information relating to collection of such State or local 
     sales tax. Such information shall include, at a minimum, all 
     applicable tax rates, return and remittance addresses and 
     deadlines, and penalty and interest information. As part of 
     the service, the State shall also provide all necessary forms 
     and instructions at no cost to any person using the service. 
     The State shall prominently display the toll-free telephone 
     number on all correspondence with any person using the 
     service. This service may be provided jointly with other 
     States.

     SEC.____09. DEFINITIONS.

       For the purposes of this title--
       (1) the term ``compensating use tax'' means a tax imposed 
     on or incident to the use, storage, consumption, 
     distribution, or other use within a State or local 
     jurisdiction or other area of a State, of tangible personal 
     property;
       (2) the term ``local sales tax'' means a sales tax imposed 
     in a local jurisdiction or area of a State and includes, but 
     is not limited to--
       (A) a sales tax or in-lieu fee imposed in a local 
     jurisdiction or area of a State by the State on behalf of 
     such jurisdiction or area, and
       (B) a sales tax imposed by a local jurisdiction or other 
     State-authorized entity pursuant to the authority of State 
     law, local law, or both;
       (3) the term ``person'' means an individual, a trust, 
     estate, partnership, society, association, company (including 
     a limited liability company) or corporation, whether or not 
     acting in a fiduciary or representative capacity, and any 
     combination of the foregoing;
       (4) the term ``sales tax'' means a tax, including a 
     compensating use tax, that is--
       (A) imposed on or incident to the sale, purchase, storage, 
     consumption, distribution, or other use of tangible personal 
     property as may be defined or specified under the laws 
     imposing such tax, and
       (B) measured by the amount of the sales price, cost, charge 
     or other value of or for such property; and
       (5) the term ``State'' means any of the several States of 
     the United States, the District of Columbia, the Commonwealth 
     of Puerto Rico, and any territory or possession of the United 
     States.

     SEC.____ 10. EFFECTIVE DATE.

       This title shall take effect 180 days after the date of the 
     enactment of this Act. In no event shall this title apply to 
     any sale occurring before such effective date.
                                                                    ____


                            Amendment No. 53
       At the appropriate place, insert the following new title:
             TITLE ____--CONSUMER PROTECTION TAX DISCLOSURE

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Direct Marketing Consumer 
     Protection Act of 1995''.

     SEC. ____02. FINDINGS.

       The Congress finds that--
       (1) merchandise purchased from out-of-State firms is 
     subject to State and local sales taxes in the same manner as 
     merchandise purchased from in-State firms,
       (2) many out-of-State firms, however, choose not to collect 
     State and local taxes on merchandise delivered across State 
     lines,
       (3) moreover, many out-of-State firms fail to inform their 
     customers that such taxes exist, and some firms even falsely 
     claim that merchandise purchased out-of-State is tax-free,
       (4) consequently, many customers unknowingly incur tax 
     liabilities, including interest and penalty charges, and
       (5) Congress has a duty to protect consumers from explicit 
     or implicit misrepresentations of State and local sales tax 
     obligations.

     SEC. ____03. DISCLOSURE REQUIREMENT.

       (a) Disclosure Requirement.--Any person selling tangible 
     personal property who--
       (1) delivers such property, or causes such property to be 
     delivered, to a person in another State, and
       (2) does not collect and remit all applicable State and 
     local sales taxes pertaining to the sale and use of such 
     property,

     shall prominently display the notice described in subsection 
     (b) on all applicable documents.
       (b) Disclosure Notice.--The notice described in this 
     subsection is as follows:

       ``NOTICE REGARDING TAXES: You may be required by your State 
     or local government to pay sales or use tax on these 
     products. Such taxes are imposed in nearly all States. 
     Failure to pay such taxes could result in civil or criminal 
     penalties. For information on your tax obligations, contact 
     your State taxation department.''
       (c) Applicable Documents.--For purposes of subsection (a), 
     the term ``applicable document'' means any written or 
     telecommunicated solicitation, order form, invoice, or sales 
     document which a person presents, telecommunicates, mails, 
     delivers, or causes to be presented, telecommunicated, 
     mailed, or delivered to a purchaser or prospective purchaser.
       (d) Regulatory Authority.--The Secretary of Commerce may 
     issue such regulations as are necessary to ensure compliance 
     with this section, including regulations as to what 
     constitutes prominently displaying a notice.

     SEC. ____04. PENALTIES.

       Any person who willfully fails to include any notice under 
     section __03 shall be fined not more than $100 for each such 
     failure.

     SEC. ____05. DEFINITIONS.

       For purposes of this title--
       (1) the term ``compensating use tax'' means a tax imposed 
     on or incident to the use, storage, consumption, 
     distribution, or other use within a State or local 
     jurisdiction or other area of a State, of tangible personal 
     property,
       (2) the term ``local sales tax'' means a sales tax imposed 
     in a local jurisdiction or area of a State and includes, but 
     is not limited to--
       (A) a sales tax or in-lieu fee imposed in a local 
     jurisdiction or area of a State by the State on behalf of 
     such jurisdiction or area, and
       (B) a sales tax imposed by a local jurisdiction or other 
     State-authorized entity pursuant to the authority of State 
     law, local law, or both,
       (3) the term ``person'' means an individual, a trust, 
     estate, partnership, society, association, company (including 
     a limited liability company), or corporation, whether or not 
     acting in a fiduciary or representative capacity, and any 
     combination of the foregoing,
       (4) the term ``sales tax'' means a tax, including a 
     compensating use tax, that is--
       (A) imposed on or incident to the sale, purchase, storage, 
     consumption, distribution, or other use of tangible personal 
     property as may be defined or specified under the laws 
     imposing such tax, and
       (B) measured by the amount of the sales price, cost, 
     charge, or other value of or for such property, and
       (5) the term ``State'' means any of the several States of 
     the United States, the District of Columbia, the Commonwealth 
     of Puerto Rico, and any territory or possession of the United 
     States.

     SEC. ____06. EFFECTIVE DATE.

       This title shall take effect 180 days after the date of the 
     enactment of this Act. In no event shall this Act apply to 
     any sale occurring before such effective date.
                                 ______


                        BRADLEY AMENDMENT NO. 54

  (Ordered to lie on the table.)
  Mr. BRADLEY submitted an amendment intended to be proposed by him to 
the bill S. 1; supra; as follows:

       On page 33, strike out line 9 and insert in lieu thereof 
     the following:

     SEC. 107. IMPACT ON LOCAL GOVERNMENTS.

       (A) Findings.--The Senate finds that--
       (1) the Congress should be concerned about shifting costs 
     from Federal to State and local authorities and should be 
     equally concerned about the growing tendency of States to 
     shift costs to local governments;
       (2) cost shifting from States to local governments has, in 
     many instances, forced local governments to raise property 
     taxes or curtail sometimes essential services; and
       (3) increases in local property taxes and cuts in essential 
     services threaten the ability of many citizens to attain and 
     maintain the American dream of owning a home in a safe, 
     secure community.
       [[Page S1105]] (b) Sense of the Senate.--It is the sense of 
     the Senate that--
       (1) the Federal Government should not shift certain costs 
     to the State, and States should end the practice of shifting 
     costs to local governments, which forces many local 
     governments to increase property taxes;
       (2) States should end the imposition, in the absence of 
     full consideration by their legislatures, of State issued 
     mandates on local governments without adequate State funding, 
     in a manner that may displace other essential government 
     priorities; and
       (3) one primary objective of this Act and other efforts to 
     change the relationship among Federal, State, and local 
     governments should be to reduce taxes and spending at all 
     levels and to end the practice of shifting costs from one 
     level of government to another with little or no benefit to 
     taxpayers.

     SEC. 108. EFFECTIVE DATE.
                                 ______


                    LIEBERMAN AMENDMENTS NOS. 55-56

  (Ordered to lie on the table.)
  Mr. LIEBERMAN submitted two amendments intended to be proposed by him 
to the bill S. 1; supra; as follows:

                            Amendment No. 55

       On page 25, after line 25, add the following:
       ``(6) Exclusion.--For purposes of paragraph (1)(B), the 
     term `Federal intergovernmental mandates' shall not include a 
     provision in any bill, joint resolution, amendment, motion, 
     or conference report that would apply in the same manner to 
     the activities, facilities, or services of State, local, or 
     tribal governments and the private sector.
                                                                    ____


                            Amendment No. 56

       On page 25, after line 25, add the following:
       ``(6) Exclusion.--For purposes of paragraph (1)(B), the 
     term `Federal intergovernmental mandates' shall not include a 
     provision in any bill, joint resolution, motion, or 
     conference report that would apply in the same manner to the 
     activities, facilities, or services of State, local, or 
     tribal governments and the private sector.
                                 ______


                       HOLLINGS AMENDMENT NO. 57

  (Ordered to lie on the table.)
  Mr. HOLLINGS submitted an amendment intended to be proposed by him to 
the bill S. 1; supra; as follows:

       Sec.  . Sense of the Senate concerning Congressional 
     Enforcement of a Balanced Budget.
       It is the Sense of the Senate that prior to adopting in the 
     first session of the 104th Congress a joint resolution 
     proposing an amendment to the Constitution requiring a 
     balanced budget--
       (1) the Congress set forth with specificity the policies 
     that achieving such a balanced federal budget by the year 
     2002 would require; and
       (2) enforce through the Congressional budget process the 
     requirement to achieve a balanced federal budget by the year 
     2002.
                                 ______


                  BOXER (AND MURRAY) AMENDMENT NO. 58

  (Ordered to lie on the table.)
  Mrs. BOXER (for herself and Mrs. Murray) submitted an amendment 
intended to be proposed by her to the bill S. 1; supra; as follows:

       On page 13, line 5, strike ``or'' after the semicolon.
       On page 13, line 8, strike the period and insert ``; or''.
       On page 13, between lines 8 and 9, insert the following:
       (7) provides for the protection of the health of children 
     under the age of 5, pregnant women, or the frail elderly.
                                 ______


                         BOXER AMENDMENT NO. 59

  (Ordered to lie on the table.)
  Mrs. BOXER submitted an amendment intended to be proposed by her to 
the bill S. 1; supra; as follows:

       On page 6, line 10, strike ``or''.
       On page 7, line 7, strike the period at the end and insert 
     ``; or''.
       On page 7, between lines 7 and 8, insert the following:
       ``(C)(i) any provision in legislation, statute, or 
     regulation that would impose costs upon State, local, or 
     tribal governments to provide services to illegal immigrants; 
     or
       ``(ii) any failure of the Federal government to meet a 
     Federal responsibility that results in costs to State, local 
     or tribal governments with respect to illegal immigrants on 
     or after the date of enactment of the Unfunded Mandate Reform 
     Act of 1995.
       On page 42, after line 25, insert the following:
       (e) Immigration Report.--Not later than 3 months after the 
     date of enactment of this Act, the Advisory Commission shall 
     develop a plan for reimbursing State, local, and tribal 
     governments for costs associated with providing services to 
     illegal immigrants based on the best available cost and 
     revenue estimates, including--
       (1) education;
       (2) incarceration; and
       (3) health care.
                                 ______


                  BOXER (AND OTHERS) AMENDMENT NO. 60

  (Ordered to lie on the table.)
  Mrs. BOXER (for herself, Mrs. Murray, Mr. Feingold, Mr. Kennedy, Mr. 
Campbell, Mr. Simon, Mr. Lautenberg, Mr. Dodd, Mr. Baucus, Mr. Levin, 
Mr. Lieberman, Ms. Moseley-Braun, Mr. Harkin, Mr. Pell, Mr. Inouye, Ms. 
Mikulski, and Mrs. Feinstein) submitted an amendment intended to be 
proposed by her to the bill S. 1, supra; as follows:

       In lieu of the matter proposed to be inserted by Committee 
     amendment number   , insert the following ``considered on or 
     after such date.

     ``SEC. 108. SENSE OF THE SENATE CONCERNING PROTECTION OF 
                   REPRODUCTIVE HEALTH CLINICS.

       ``(a) Findings.--Congress finds that--
       ``(1) there are approximately 900 clinics in the United 
     States providing reproductive health services;
       ``(2) violence directed at persons seeking to provide 
     reproductive health services continues to increase in the 
     United States, as demonstrated by the recent shootings at two 
     reproductive health clinics in Massachusetts and another 
     health care clinic in Virginia;
       ``(3) organizations monitoring clinic violence have 
     recorded over 130 incidents of violence or harassment 
     directed at reproductive health care clinics and their 
     personnel in 1994 such as death threats, stalking, chemical 
     attacks, bombings and arson;
       ``(4) there has been one attempted murder in Florida and 
     four individuals killed at reproductive health care clinics 
     in Florida and Massachusetts in 1994;
       ``(5) the Congress passed and the President signed the 
     Freedom of Access to Clinic Entrances Act of 1994, a law 
     establishing Federal criminal penalties and civil remedies 
     for certain violent, threatening, obstructive and destructive 
     conduct that is intended to injure, intimidate or interfere 
     with persons seeking to obtain or provide reproductive health 
     services;
       ``(6) violence is not a mode of free speech and should not 
     be condoned as a method of expressing an opinion;
       ``(7) persons exercising their constitutional rights and 
     acting completely within the law are entitled to full 
     protection from the Federal Government;
       ``(8) the Freedom of Access to Clinic Entrances Act of 1994 
     imposes a mandate on the Federal Government to protect 
     individuals seeking to obtain or provide reproductive health 
     services; and
       ``(9) the President has instructed the Attorney General to 
     order--
       ``(A) the United States Attorneys to create task forces of 
     Federal, State and local law enforcement officials and 
     develop plans to address security for reproductive health 
     care clinics located within their jurisdictions; and
       ``(B) the United States Marshals Service to ensure 
     coordination between clinics and Federal, State and local law 
     enforcement officials regarding potential threats of 
     violence.
       ``(b) Sense of the Senate.--It is the sense of the Senate 
     that the United States Attorney General should fully enforce 
     the law and take any further necessary measures to protect 
     persons seeking to provide or obtain, or assist in providing 
     or obtaining, reproductive health services from violence 
     attack.''.

 Mr. BAUCUS. Mr. President, I want to express my support for 
Senator Boxer's amendment to S.1, which asks the Attorney General to 
act immediately to protect womens' health care clinics.
  The shootings last month at two clinics in Massachusetts and one in 
Virginia remind me of the problems we have experienced in my home State 
of Montana. In 1993, an arsonist burned and destroyed the Blue Mountain 
Women's Clinic in Missoula, the second clinic that closed in Montana 
due to arson in the span of a year and a half. And I recall Dr. Susan 
Wicklund from Bozeman, who was repeatedly harassed by life-threatening 
letters and calls. Prior to passage of the Freedom of Access to Clinic 
Entrances Act of 1994, the Federal Bureau of Investigations did not 
have the authority to protect Dr. Wicklund. Today, however, Federal law 
safeguards women who choose to exercise their constitutional right to 
have an abortion, and those who assist them in doing so.
  Last year, Congress passed and the President signed the Freedom of 
Access to Clinic Entrances Act of 1994. I cosponsored this legislation, 
establishing new penalties for individuals threatening, obstructing, 
injuring, intimidating, or interfering with any person obtaining or 
providing abortion services. Moreover, it protects health care clinics 
by allowing the Attorney General to bring Federal criminal charges 
against any person who damages or attempts to damage a medical facility 
that provides abortion services.
  This amendment, which I am cosponsoring, asks the Attorney General to 
fully enforce the Freedom of Access to 
[[Page S1106]] Clinic Entrances Act. In 1994, over 130 incidents of 
violence and intimidation were recorded by reproductive health care 
clinics. Furthermore, we cannot permit the recent shootings in 
Massachusetts and Virginia to pass us by without taking action.
  I ask my colleagues to support this amendment and help curb the 
violence surrounding our reproductive health care clinics.
                                 ______


                      BROWN AMENDMENTS NOS. 61-62

  (Ordered to lie on the table.)
  Mr. BROWN submitted two amendments intended to be proposed by him to 
the bill, S. 1, supra, as follows:

                            Amendment No. 61

       Strike title IV of the bill and insert the following:

                       TITLE IV--JUDICIAL REVIEW

     SEC. 401. JUDICIAL REVIEW.

       (A) In General.--Any statement or report prepared under 
     titles I or III of this Act, and any compliance or 
     noncompliance with the provisions of titles I or III of this 
     Act, and any determination concerning the applicability of 
     the provisions of titles I or III of this Act shall not be 
     subject to judicial review.
       (b) Rule of Construction.--No provision of titles I or III 
     of this Act or amendment made by titles I or III of this Act 
     shall be construed to create any right or benefit, 
     substantive or procedural, enforceable by any person in any 
     administrative or judicial action. No ruling or determination 
     made under the provisions of this Act or amendments made by 
     this Act shall be considered by any court in determining the 
     intent of Congress or for any other purpose.
                                                                    ____


                            Amendment No. 62

       On page 13, insert between lines 13 and 14 the following 
     new section:

     SEC. 6. REVIEW OF IMPLEMENTATION.

       It is the sense of the Senate that before the adjournment 
     of the 106th Congress, the appropriate committees of the 
     Senate should review the implementation of the provisions of 
     this Act with respect to the conduct of the business of the 
     Senate and report thereon to the Senate.
                                 ______


                DORGAN (AND KASSEBAUM) AMENDMENT NO. 63

  (Ordered to lie on the table.)
  Mr. DORGAN (for himself and Mrs. Kassebaum) submitted an amendment 
intended to be proposed by him to the bill, S. 1, supra, as follows:

       On page 38, after line 25, insert the following:
       (A) Treatment.--For purposes of paragraphs (1) and (2), the 
     Commission shall consider requirements for metric systems of 
     measurement to be unfunded Federal mandates.
       (B) Defintion.--In this paragraph, the term ``requirements 
     for metric systems of measurement'' means requirements of the 
     departments, agencies, and other entities of the Federal 
     Government that State, local, and tribal governments utilize 
     metric systems of measurement.
     SEC. 205. TERMINATION OF REQUIREMENTS FOR METRIC SYSTEM OF 
                   MEASUREMENT.

       (a) In General.--Subject to subsections (b) and (c) and 
     notwithstanding any other provision of law, no department, 
     agency, or other entity of the Federal Government may require 
     that any State, local, or tribal government utilize a metric 
     system of measurement.
       (b) Exception.--A department, agency, or other entity of 
     the Federal Government may require the utilization of a 
     metric system of measurement by a State, local, or tribal 
     government in a particular activity, project, or transaction 
     that is pending on the date of the enactment of this Act if 
     the head of such department, agency, or other entity 
     determines that the termination of such requirement with 
     respect to such activity, project, or transaction will result 
     in a substantial additional cost to the Federal Government in 
     such activity, project, or transaction.
       (c) Sunset.--Subsection (a) cease to be effective on 
     October 1, 1997.
       On page   , between lines    and   , insert the following:
       (4) Treatment of requirements for metric systems of 
     measurement.--
                                 ______


                  DORGAN (AND OTHERS) AMENDMENT NO. 64

       (Ordered to lie on the table.)
  Mr. DORGAN (for himself, Mrs. Kassebaum, and Mr. Reid) submitted an 
amendment intended to be proposed by him to the bill S. 1; supra; as 
follows:

       On page 38, after line 25, insert the following:

     SEC. 205. TERMINATION OF REQUIREMENTS FOR METRIC SYSTEM OF 
                   MEASUREMENT.

       (a) In General.--Subject to subsections (b) and (c) and 
     notwithstanding any other provision of law, no department, 
     agency, or other entity of the Federal Government may require 
     that any State, local, or tribal government utilize a metric 
     system of measurement.
       (b) Exception.--A department, agency, or other entity of 
     the Federal Government may require the utilization of a 
     metric system of measurement by a State, local, or tribal 
     government in a particular activity, project, or transaction 
     that is pending on the date of the enactment of this Act if 
     the head of such department, agency, or other entity 
     determines that the termination of such requirement with 
     respect to such activity, project, or transaction will result 
     in a substantial additional cost to the Federal Government in 
     such activity, project, or transaction.
       (c) Sunset.--Subsection (a) shall cease to be effective on 
     October 1, 1997.
                                 ______


                  DORGAN (AND OTHERS) AMENDMENT NO. 65

  (Ordered to lie on the table.)
  Mr. DORGAN (for himself, Mrs. Kassebaum, and Mr. Reid) submitted an 
amendment intended to be proposed by them to the bill, S. 1, supra; as 
follows:

       On page 4, between lines 2 and 3, insert the following:
       (4) Treatment of requirements for metric systems of 
     measurement.--
       (A) Treatment.--For purposes of paragraphs (1) and (2), the 
     Commission shall consider requirements for metric systems of 
     measurement to be unfunded Federal mandates.
       (B) Definition.--In this paragraph, the term ``requirements 
     for metric systems of measurement'' means requirements of the 
     departments, agencies, and other entities of the Federal 
     Government that State, local, and tribal governments utilize 
     metric systems of measurement.
                                 ______


                NICKLES (AND DOMENICI) AMENDMENT NO. 66

  (Ordered to lie on the table.)
  Mr. NICKLES (for himself and Mr. Domenici) submitted an amendment 
intended to be proposed by them to the bill, S. 1, supra; as follows:

       Page 35, line 11 strike the word ``intergovernmental''.
                                 ______


                       DOMENICI AMENDMENT NO. 67

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted an amendment intended to be proposed by him to 
the bill, S. 1, supra; as follows:

       On page 12, lines 1 and 2, strike out ``but does not 
     include independent regulatory agencies'' and insert in lieu 
     thereof ``and shall include the Consumer Product Safety 
     Commission, Federal Communications Commission, Federal Energy 
     Regulatory Commission, Federal Trade Commission, and the 
     Interstate Commerce Commission, but shall not include any 
     other independent regulatory agency''.
                                 ______


                      BOXER AMENDMENTS NOS. 68-69

  (Ordered to lie on the table.)
  Mrs. BOXER submitted two amendments intended to be proposed by her to 
the bill, S. 1, supra; as follows:

                            Amendment No. 68

       On page 12, between lines 6 and 7, insert the following:
       (22) The term ``direct savings''--
       (A) in the case of a federal intergovernmental mandate, 
     means the aggregate estimated reduction in costs or burdens 
     to any State, local government, tribal government, or the 
     citizens of such government as a result of compliance with 
     the federal intergovernmental mandate.
       (B) in the case of a Federal private sector mandate, means 
     the aggregate estimated reduction in costs or burdens to the 
     private sector as a result of compliance with the Federal 
     private sector mandate.
       (C) shall include, without being limited to, any reduction 
     as a result of compliance with the Federal mandate in--
       (i) the costs or burden of complying with any other law, 
     regulation, or requirement imposed by the Federal government 
     or any State, local or tribal government;
       (ii) the cost or burden of attaining any goal identified in 
     or established pursuant to any Federal, State, local or 
     tribal government.
       (D) shall include, without being limited to, benefits as 
     referred to in paragraph (3)(B) of Section 408(a) of this 
     Act.
                                                                    ____

                            Amendment No. 69

       It is the sense of the Senate that the term ``direct 
     savings'' as used in this Act--
       (A) in the case of a federal intergovernmental mandate, 
     means the aggregate estimated reduction in costs or burdens 
     to any State, local government, tribal government, or the 
     citizens of such government as a result of compliance with 
     the federal intergovernmental mandate.
       (B) in the case of a Federal private sector mandate, means 
     the aggregate estimated reduction in costs or burdens to the 
     private sector as a result of compliance with the Federal 
     private sector mandate.
       (C) shall include, without being limited to, any reduction 
     as a result of compliance with the Federal mandate in--
       (i) the costs or burden of complying with any other law, 
     regulation, or requirement 
     [[Page S1107]] imposed by the Federal government or any 
     State, local or tribal government;
       (ii) the cost or burden of attaining any goal identified in 
     or established pursuant to any Federal, State, local or 
     tribal government.
       (D) shall include, without being limited to, benefits as 
     referred to in paragraph (3)(B) of Section 408(a) of this 
     Act.
                                 ______


                        GORTON AMENDMENT NO. 70

  (Ordered to lie on the table.)
  Mr. GORTON submitted an amendment intended to be proposed by him to 
the bill S. 1, supra; as follows:

       At the end of the bill, add the following:

     SEC.   . NATIONAL HISTORY STANDARDS.

       (a) In General.--Notwithstanding any other provision of 
     law, the National Education Goals Panel shall disapprove, and 
     the National Education Standards and Improvement Council 
     shall not certify, any voluntary national content standards, 
     voluntary national student performance standards, or criteria 
     for the certification of such content and student performance 
     standards, on the subject of world and United States history, 
     developed prior to the date of enactment of this Act.
       (b) Prohibition.--No Federal funds shall be awarded to, or 
     expended by, the National Center for History in the Schools, 
     after February 1, 1995, for the development of voluntary 
     national content standards, voluntary national student 
     performance standards, or criteria for the certification of 
     such content and student performance standards, on the 
     subject of such history.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) voluntary national content standards, voluntary 
     national student performance standards, and criteria for the 
     certification of such content and student performance 
     standards, on the subject of world and United States history, 
     established under title II of the Goals 2000: Educate America 
     Act should not be based on standards developed by the 
     National Center for History in the Schools; and
       (2) if the Department of Education, the National Endowment 
     for the Humanities, or any other Federal agency provides 
     funds for the development of the standards and criteria 
     described in paragraph (1), the recipient of such funds 
     should have a decent respect for the contributions of western 
     civilization, and United States history, ideas, and 
     institutions, to the increase of freedom and prosperity 
     around the world.
                                 ______


                      GRAMM AMENDMENTS NOS. 71-72

  (Ordered to lie on the table.)
  Mr. GRAMM submitted two amendments intended to be proposed by him to 
the bill S. 1, supra; as follows:

                            Amendment No. 71

       On page 21, between lines 13 and 15, insert the following:
       ``(2) Amended bills and joint resolutions: conference 
     reports.--If a bill or joint resolution is passed in an 
     amended form (including if passed by one House as an 
     amendment in the nature of a substitute for the text of a 
     bill or joint resolution from the other House) or is reported 
     by a committee of conference in amended form, the committee 
     of conference shall ensure, to the greatest extent 
     practicable, that the Director shall prepare a statement as 
     provided in paragraph (1) or a supplemental statement for the 
     bill or joint resolution in that amended form.''
                                                                    ____


                            Amendment No. 72

       On page 26, line 6, redesignate subsection (b) as 
     subsection (c), and insert the following:
       (b) Waiver.--Subsections (c) and (d) of section 904 of the 
     Congressional Budget and Impoundment Control Act of 1974 are 
     amended by inserting ``408(c),'' after ``313,''.
                                 ______


                D'AMATO (AND SARBANES) AMENDMENT NO. 73

  (Ordered to lie on the table.)
  Mr. D'AMATO (for himself and Mr. Sarbanes) submitted an amendment 
intended to be proposed to be proposed by himself to the bill S. 1, 
supra; as follows:

       On page 13, lines 1-6, redesignate paragraphs (5) and (6) 
     as paragraphs (6) and (7) and insert the following new 
     paragraph:
       ``(5) ensures the safe and sound operation of an insured 
     depository institution or insured credit union (as those 
     terms are defined in section 3(c) of the Federal Deposit 
     Insurance Act (12 U.S.C. 1813(c)) or section 101(7) of the 
     Federal Credit Union Act (12 U.S.C. 1752(7)), respectively) 
     or protects the insurance funds that insure the deposits or 
     member accounts in those depository institutions or credit 
     unions;''.
                                 ______


                    WELLSTONE AMENDMENTS NOS. 74-81

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted eight amendments intended to be proposed by 
him to the bill S. 1, supra; as follows:

                            Amendment No. 74

       At the appropriate place, insert the following:
       ``(  ) The terms `Federal mandate direct costs' and `direct 
     costs'--
       ``(  ) shall be determined on the assumption that State, 
     local, and tribal governments, and the private sector are in 
     compliance with all Federal laws in effect at the time of the 
     adoption of the Federal mandate and have incurred all costs 
     necessary to achieve such compliance; and
       ``(  ) shall not include re-authorizations or renewals of 
     existing mandates to the extent that such re-authorizations 
     or renewals do not increase the cost of compliance on State, 
     local, and tribal governments.''
                                                                    ____


                            Amendment No. 75

       Insert at the appropriate place, the following:
       ``(  ) Notwithstanding any other provision of this Act, 
     this title shall expire on October 1 of the fiscal year for 
     which the Senate Budget Committee determines that the fiscal 
     appropriation to the Congressional Budget Office is not 
     adequate to carry out the requirements of this title.''
                                                                    ____


                            Amendment No. 76

       At the appropriate place, insert the following:
       ``(  ) Consideration of any bill or joint resolution of a 
     public character reported by any committee of the Senate or 
     of the House of Representatives that is accompanied by a 
     committee report that does not contain a detailed analysis of 
     the probable impact of the bill or resolution on children, 
     including whether such bill or joint resolution will increase 
     the number of children who are hungry or homeless, shall not 
     be in order.''
                                                                    ____

                            Amendment No. 77

       At the end of the language proposed to be inserted, add the 
     following:
       ``on and after such date. Consideration of any bill or 
     joint resolution of a public character reported by any 
     committee of the Senate or of the House of Representatives 
     that is accompanied by a committee report that does not 
     contain a detailed analysis of the probable impact of the 
     bill or resolution on children, including whether such bill 
     or joint resolution will increase the number of children who 
     are hungry or homeless, shall not be in order''
                                                                    ____


                            Amendment No. 78

       At the appropriate place, add the following new title:

               TITLE  --IMPACT OF LEGISLATION ON CHILDREN

                      SEC.   1. SENSE OF CONGRESS.

       It is the sense of Congress that Congress should not enact 
     or adopt any legislation that will increase the number of 
     children who are hungry or homeless.
                                                                    ____


                            Amendment No. 79

       At the end of the language proposed to be inserted, add the 
     following:
       ``on and after such date. It is the sense of Congress that 
     Congress should not enact or adopt any legislation that will 
     increase the number of children who are hungry or 
     homeless,''.
                                                                    ____


                            Amendment No. 80

       Insert at the appropriate place the following:
       ``(  ) The term `direct savings' shall be interpreted both 
     as narrowly and as broadly as the terms `Federal mandate 
     direct costs' and `direct costs.'''
                                                                    ____


                            Amendment No. 81

       Onpage 26, between lines 10 and 11, insert the following:
       (c) Rollcall Vote Requirement.--Secftion 904(b) of the 
     Congressional Budget Act of 1974 is amended by--
       (1) striking ``Any'' and inserting ``Except as provided in 
     the second sentence of this subsection, any''; and
       (2) adding at the end the following: ``Section 408(c) may 
     only be waived or suspended by a rollcall vote.''.
                                 ______


                      GLENN AMENDMENTS NOS. 82-105

  (Ordered to lie on the table.)
  Mr. GLENN submitted 24 amendments intended to be proposed by him to 
the bill S. 1, supra; as follows:

                            Amendment No. 82

       On page 12, strike lines 17 through 19 and insert ``that 
     prohibit discrimination on the basis of race, color, 
     religion, sex, national origin, age, or handicap or 
     disability;''.
                                                                    ____


                            Amendment No. 83

       On page 21, strike beginning with line 16 through line 4 on 
     page 22 and insert the following:
       ``(1) In general.--
       ``(A) Statement required for reported bill.--It shall not 
     be in order in the Senate to consider any bill or joint 
     resolution that is reported by a committee unless the 
     committee has published a statement of the Director on the 
     direct costs of Federal mandates in accordance with 
     subsection (a)(6) before such consideration.
       ``(B) Legislation of threshold.--(i) It shall not be in 
     order in the Senate to consider any bill, joint resolution, 
     amendment, motion, or conference report--
       [[Page S1108]] ``(I) after third reading or at any other 
     time when no further amendments are in order, if the 
     enactment of such bill or resolution as amended; or
       ``(II) if such bill or resolution in the form recommended 
     by such conference report differs from the bill or resolution 
     as passed by the Senate, and if the enactment of such bill or 
     resolution in the form recommended in such conference report,

     would increase the direct costs of Federal intergovernmental 
     mandates by an amount that causes the thresholds specified in 
     subsection (b)(1)(A)(i) to be exceeded, unless the conditions 
     specified in clause (ii) are satisfied.
       ``(ii) The conditions referred to in clause (i) shall be 
     satisfied if--

       Redesignate the clauses following accordingly.
                                                                    ____

                            Amendment No. 84

       On page 21, strike beginning with line 16 through line 4 on 
     page 22 and insert the following:
       ``(1) In general.--
       ``(A) Statement required for reported bill.--It shall not 
     be in order in the Senate to consider any bill or joint 
     resolution that is reported by a committee unless the 
     committee has published a statement of the Director on the 
     direct costs of Federal mandates in accordance with 
     subsection (a)(6) before such consideration.
       ``(B) Statement or threshold.--(i) It shall not be in order 
     in the Senate to consider any bill, joint resolution, 
     amendment, motion, or conference report--
       ``(I) if the enactment of such bill or resolution as 
     reported;
       ``(II) after third reading or at any other time when no 
     further amendments are in order, if such bill or resolution 
     has been amended and if the enactment of such bill or 
     resolution as amended; or
       ``(III) if such bill or resolution in the form recommended 
     by such conference report differs from the bill or resolution 
     as passed by the Senate, and if the enactment of such bill or 
     resolution in the form recommended in such conference report,

     would increase the direct costs of Federal inter-governmental 
     mandates by an amount that causes the thresholds specified in 
     subsection (b)(1)(A)(i) to be exceeded, unless the conditions 
     specified in clause (ii) are satisfied.
       ``(ii) The conditions referred to in clause (i) shall be 
     satisfied if--
       Redesignate the clauses following accordingly.
                                                                    ____


                            Amendment No. 85

       On page 25, insert between lines 10 and 11 the following:
       ``(4) Determinations of applicability to pending 
     legislation.--For purposes of this subsection, the presiding 
     officer of the Senate shall consult the Committee on 
     Governmental Affairs on questions concerning the 
     applicability of this section and the Unfunded Mandate Reform 
     Act of 1995 to a pending bill, joint resolution, amendment, 
     motion, or conference report.
       ``(5) Determinations of federal mandate levels.--For 
     purposes of this subsection, the levels of Federal mandates 
     for a fiscal year shall be determined based on estimates made 
     by the Committee on the Budget of the Senate on questions 
     concerning the levels of Federal mandates for a fiscal 
     year.''
                                                                    ____

                            Amendment No. 86

       On page 25, insert between lines 10 and 11 the following:
       ``(4) Determiantions of applicability to pending 
     legislation.--For purposes of this subsection, the presiding 
     officer of the Senate shall consult the Committee on 
     Governmental Affairs on all questions concerning the 
     applicability of this section and the Unfunded Mandate Reform 
     Act of 1995 to a pending bill, joint resolution, amendment, 
     motion, or conference report.
       ``(5) Department of federal mandate levels.--For purposes 
     of this subsection, the presiding officer of the Senate shall 
     consult the Committee on the Budget on questions concerning 
     the estimates of the levels of Federal mandates for a fiscal 
     year.''
                                                                    ____


                            Amendment No. 87

       On page 33, lines 21 and 22, strike out ``and the private 
     sector''.
       On page 36, line 7, strike out ``and'' after the semi-
     colon.
       On page 36, line 12, insert ``and'' after the semicolon.
       On page 36, insert between lines 12 and 13 the following 
     new subparagraph:
       ``(C) the effect of the Federal intergovernmental mandate 
     on the national economy, including the effect on 
     productivity, economic growth, full employment, creation of 
     productive jobs, and international competitiveness of United 
     States goods and services;''.
       On page 36, line 17, insert ``and'' after the semicolon.
       On page 36, strike out lines 18 through 22.
       On page 36, line 23, strike out ``(5)'' and insert in lieu 
     thereof ``(4)''.
                                                                    ____


                            Amendment No. 88

       On page 36, insert between lines 12 and 13 the following 
     new subparagraph:
       ``(C) the effect of the Federal intergovernmental mandate 
     on the national economy, including the effect on 
     productivity, economic growth, full employment, creation of 
     productive jobs, and international competitiveness of United 
     States goods and services;''.
                                                                    ____


                            Amendment No. 89

       On page 36, line 17, insert ``and'' after the semicolon.
                                                                    ____


                            Amendment No. 90

       On page 36, strike out liens 18 through 22.
                                                                    ____

                            Amendment No. 91

       On page 36, line 23, strike out ``(5)'' and insert in lieu 
     thereof ``(4)''.
                                                                    ____


                            Amendment No. 92

       On page 33, lines 21 and 22, strike out ``and the private 
     sector''.
                                                                    ____


                            Amendment No. 93

       On page 36, line 7, strike out ``and'' after the semicolon.
                                                                    ____


                            Amendment No. 94

       On page 36, line 12, insert ``and'' after the semicolon.
                                                                    ____

                            Amendment No. 95

       Strike out all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Mandate 
     Accountability and Reform Act of 1995''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to strengthen the partnership between the Federal 
     Government and States, local governments, and tribal 
     governments;
       (2) to end the imposition, in the absence of full 
     consideration by Congress, of Federal mandates on States, 
     local governments, and tribal governments without adequate 
     Federal funding, in a manner that may displace other 
     essential State, local, and tribal governmental priorities;
       (3) to assist Congress in its consideration of proposed 
     legislation establishing or revising Federal programs 
     containing Federal mandates affecting States, local 
     governments, tribal governments, and the private sector by--
       (A) providing for the development of information about the 
     nature and size of mandates in proposed legislation; and
       (B) establishing a mechanism to bring such information to 
     the attention of the Senate before the Senate votes on 
     proposed legislation;
       (4) to promote informed and deliberate decisions by 
     Congress on the appropriateness of Federal mandates in any 
     particular instances;
       (5) to establish a point-of-order vote on the consideration 
     in the Senate of legislation containing significant Federal 
     mandates; and
       (6) to assist Federal agencies in their consideration of 
     proposed regulations affecting States, local governments, and 
     tribal governments, by--
       (A) requiring that Federal agencies develop a process to 
     enable the elected and other officials of States, local 
     governments, and tribal governments to provide input when 
     Federal agencies are developing regulations; and
       (B) requiring that Federal agencies prepare and consider 
     better estimates of the budgetary impact of regulations 
     containing Federal mandates upon States, local governments, 
     and tribal governments before adopting such regulations, and 
     ensuring that small governments are given special 
     consideration in that process.

     SEC. 3. DEFINITIONS.

       For purposes of this Act--
       (1) Federal intergovernmental mandate.--The term ``Federal 
     intergovernmental mandate'' means--
       (A) any provision in a bill or joint resolution before 
     Congress or in a proposed or final Federal regulation that--
       (i) would impose a duty upon States, local governments, or 
     tribal governments that is enforceable by administrative, 
     civil, or criminal penalty or by injunction (other than a 
     condition of Federal assistance or a duty arising from 
     participation in a voluntary Federal program, except as 
     provided in subparagraph (B)); or
       (ii) would reduce or eliminate the amount of authorization 
     of appropriations for Federal financial assistance that would 
     be provided to States, local governments, or tribal 
     governments for the purpose of complying with any such 
     previously imposed duty; or
       (B) any provision in a bill or joint resolution before 
     Congress or in a proposed or final Federal regulation that 
     relates to a then-existing Federal program under which 
     $500,000,000 or more is provided annually to States, local 
     governments, and tribal governments under entitlement 
     authority (as defined in section 3(9) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 622(9))), if--
       (i)(I) the bill or joint resolution or regulation would 
     increase the stringency of conditions of assistance to 
     States, local governments, or tribal governments under the 
     program; or
       (II) would place caps upon, or otherwise decrease, the 
     Federal Government's responsibility to provide funding to 
     States, local governments, or tribal governments under the 
     program; and
       (ii) the States, local governments, or tribal governments 
     that participate in the Federal program lack authority under 
     that program 
     [[Page S1109]] to amend their financial or programmatic 
     responsibilities to continue providing required services that 
     are affected by the bill or joint resolution or regulation.
       (2) Federal private sector mandate.--The term ``Federal 
     private sector mandate'' means any provision in a bill or 
     joint resolution before Congress that--
       (A) would impose a duty upon the private sector that is 
     enforceable by administrative, civil, or criminal penalty or 
     by injunction (other than a condition of Federal assistance 
     or a duty arising from participation in a voluntary Federal 
     program); or
       (B) would reduce or eliminate the amount of authorization 
     of appropriations for Federal financial assistance that will 
     be provided to the private sector for the purpose of 
     complying with any such duty.
       (3) Federal mandate.--The term ``Federal mandate'' means a 
     Federal intergovernmental mandate or a Federal private sector 
     mandate, as defined in paragraphs (1) and (2).
       (4) Direct costs.--
       (A) For a federal intergovernmental mandate.--In the case 
     of a Federal intergovernmental mandate, the term ``direct 
     costs'' means the aggregate estimated amounts that all 
     States, local governments, and tribal governments would be 
     required to spend in order to comply with the Federal 
     intergovernmental mandate, or, in the case of a bill or joint 
     resolution referred to in paragraph (1)(A)(ii), the amount of 
     Federal financial assistance eliminated or reduced.
       (B) For a federal private sector mandate.--In the case of a 
     Federal private sector mandate, the term ``direct costs'' 
     means the aggregate amounts that the private sector will be 
     required to spend in order to comply with the Federal private 
     sector mandate.
       (C) Not included.--The term ``direct costs'' does not 
     include--
       (i) estimated amounts that the States, local governments, 
     and tribal governments (in the case of a Federal 
     intergovernmental mandate), or the private sector (in the 
     case of a Federal private sector mandate), would spend--

       (I) to comply with or carry out all applicable Federal, 
     State, local, and tribal laws and regulations adopted before 
     the adoption of the Federal mandate; or
       (II) to continue to carry out State, local governmental, 
     and tribal governmental programs, or private-sector business 
     or other activities established at the time of adoption of 
     the Federal mandate; or

       (ii) expenditures to the extent that they will be offset by 
     any direct savings to be enjoyed by the States, local 
     governments, and tribal governments, or by the private 
     sector, as a result of--

       (I) their compliance with the Federal mandate; or
       (II) other changes in Federal law or regulation that are 
     enacted or adopted in the same bill or joint resolution or 
     proposed or final Federal regulation and that govern the same 
     activity as is affected by the Federal mandate.

       (D) Assumption.--Direct costs shall be determined on the 
     assumption that States, local governments, tribal 
     governments, and the private sector will take all reasonable 
     steps necessary to mitigate the costs resulting from the 
     Federal mandate, and will comply with applicable standards of 
     practice and conduct established by recognized professional 
     or trade associations.
       (5) Amount of authorization of appropriations for federal 
     financial assistance.--The term ``amount'' with respect to an 
     authorization of appropriations for Federal financial 
     assistance means--
       (A) the amount of budget authority (as defined in section 
     3(2)(A) of the Congressional Budget Act of 1974 (2 U.S.C. 
     622(2)(A))) of any Federal grant assistance; and
       (B) the subsidy amount (as defined as ``cost'' in section 
     502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
     661a(5)(a))) of any Federal program providing loan guarantees 
     or direct loans.
       (6) Private sector.--The term ``private sector'' means 
     individuals, partnerships, associations, corporations, 
     business trusts, or legal representatives, organized groups 
     of individuals, and educational and other nonprofit 
     institutions.
       (7) Other definitions.--
       (A) Agency.--The term ``agency'' has the meaning stated in 
     section 551(1) of title 5, United States Code, but does not 
     include independent regulatory agencies, as defined by 
     section 3502(10) of title 44, United States Code.
       (B) Director.--The term ``Director'' means the Director of 
     the Congressional Budget Office.
       (C) Local government.--The term ``local government'' has 
     the same meaning as in section 6501(6) of title 31, United 
     States Code.
       (D) Regulation or rule.--The term ``regulation'' or 
     ``rule'' has the meaning of ``rule'' as defined in section 
     601(2) of title 5, United States Code.
       (E) Small government.--The term ``small government'' means 
     any small governmental jurisdiction as defined in section 
     601(5) of title 5, United States Code, and any tribal 
     government.
       (F) State.--The term ``State'' has the same meaning as in 
     section 6501(9) of title 31, United States Code.

     SEC. 4. EXCLUSIONS.

       This Act shall not apply to any provision in a bill or 
     joint resolution before Congress and any provision in a 
     proposed or final Federal regulation that--
       (1) enforces constitutional rights of individuals;
       (2) establishes or enforces any statutory rights that 
     prohibit discrimination on the basis of race, religion, 
     gender, national origin, or handicapped or disability status;
       (3) requires compliance with accounting and auditing 
     procedures with respect to grants or other money or property 
     provided by the United States Government;
       (4) provides for emergency assistance or relief at the 
     request of any State, local government, or tribal government 
     or any official of any of them;
       (5) is necessary for the national security or the 
     ratification or implementation of international treaty 
     obligations; or
       (6) the President designates as emergency legislation and 
     that the Congress so designates in statute.

     SEC. 5. AGENCY ASSISTANCE.

       Each agency shall provide to the Director of the 
     Congressional Budget Office such information and assistance 
     as he may reasonably request to assist him in performing his 
     responsibilities under this Act.
             TITLE I--LEGISLATIVE ACCOUNTABILITY AND REFORM

     SEC. 101. DUTIES OF CONGRESSIONAL COMMITTEES.

       (a) Committee Report.--
       (1) Regarding federal mandates.--
       (A) In general.--When a committee of authorization of the 
     House of Representatives or the Senate reports a bill or 
     joint resolution of public character that includes any 
     Federal mandate, the committee shall issue a report to 
     accompany the bill or joint resolution containing the 
     information required by subparagraphs (B) and (C).
       (B) Reports on federal mandates.--Each report required by 
     subparagraph (A) shall contain--
       (i) an identification and description of any Federal 
     mandates in the bill or joint resolution, including the 
     expected direct costs to States, local governments, and 
     tribal governments, and to the private sector, required to 
     comply with the Federal mandates; and
       (ii) a qualitative, and if possible, a quantitative 
     assessment of costs and benefits anticipated from the Federal 
     mandates (including the enhancement of health and safety and 
     the protection of the natural environment).
       (C) Intergovernmental mandates.--If any of the Federal 
     mandates in the bill or joint resolution are Federal 
     intergovernmental mandates, the report required by 
     subparagraph (A) shall also contain--
       (i)(I) a statement of the amount, if any, of increase in 
     authorization of appropriations under existing Federal 
     financial assistance programs, or of authorization of 
     appropriations for new Federal financial assistance, provided 
     by the bill or joint resolution and usable for activities of 
     States, local governments, or tribal governments subject to 
     the Federal intergovernmental mandates.
       (II) a statement of whether the committee intends that the 
     Federal intergovernmental mandates be partly or entirely 
     unfunded, and if so, the reasons for that intention; and
       (ii) any existing sources of Federal assistance in addition 
     to those identified in clause (i) that may assist States, 
     local governments, and tribal governments in meeting the 
     direct costs of the Federal intergovernmental mandates.
       (2) Preemption clarification and information.--When a 
     committee of authorization of the House of Representatives or 
     the Senate reports a bill or joint resolution of public 
     character, the committee report accompanying the bill or 
     joint resolution shall contain, if relevant to the bill or 
     joint resolution, an explicit statement on the extent to 
     which the bill or joint resolution preempts any State, local, 
     or tribal law, and, if so, an explanation of the reasons for 
     such preemption.
       (b) Submission of Bills to the Director.--When a committee 
     of authorization of the House of Representatives or the 
     Senate reports a bill or joint resolution of a public 
     character, the committee shall promptly provide the bill or 
     joint resolution to the Director and shall identify to the 
     Director any Federal mandates contained in the bill or 
     resolution.
       (c) Publication of Statement From the Director.--
       (1) In general.--Upon receiving a statement (including any 
     supplemental statement) from the Director pursuant to section 
     102(c), a committee of the House of Representatives or the 
     Senate shall publish the statement in the committee report 
     accompanying the bill or joint resolution to which the 
     statement relates if the statement is available soon enough 
     to be included in the printed report.
       (2) If not included.--If the statement is not published in 
     the report, or if the bill or joint resolution to which the 
     statement relates is expected to be considered by the House 
     of Representatives or the Senate before the report is 
     published, the committee shall cause the statement, or a 
     summary thereof, to be published in the Congressional Record 
     in advance of floor consideration of the bill or joint 
     resolution.

     SEC. 102. DUTIES OF THE DIRECTOR.

       (b) Consultation.--The Director shall, at the request of 
     any committee of the House of Representatives or of the 
     Senate, consult with and assist such committee in analyzing 
     the budgetary or financial impact of any proposed legislation 
     that may have--
       (1) a significant budgetary impact on State, local, or 
     tribal governments; or
     [[Page S1110]]   (2) a significant financial impact on the 
     private sector.
       (c) Statements on Nonappropriations Bills and Joint 
     Resolutions.--
       (1) Federal intergovernmental mandates in reported bills 
     and joint resolutions.--For each bill or joint resolution of 
     a public character reported by any committee of authorization 
     of the House of Representatives or of the Senate, the 
     Director shall prepare and submit to the committee a 
     statement as follows:
       (A) Direct costs at or below threshold.--If the Director 
     estimates that the direct costs of all Federal 
     intergovernmental mandates in the bill or joint resolution 
     will not equal or exceed $50,000,000 (adjusted annually for 
     inflation by the Consumer Price Index) in the fiscal year in 
     which any Federal intergovernmental mandate in the bill or 
     joint resolution (or in any necessary implementing 
     regulation) would first be effective or in any of the 4 
     fiscal years following such fiscal year, the Director shall 
     so state and shall briefly explain the basis of the estimate.
       (B) Direct costs above threshold.--
       (i) In general.--If the Director estimates that the direct 
     costs of all Federal intergovernmental mandates in the bill 
     or joint resolution will equal or exceed $50,000,000 
     (adjusted annually for inflation by the Consumer Price Index) 
     in the fiscal year in which any Federal intergovernmental 
     mandate in the bill or joint resolution (or in any necessary 
     implementing regulation) would first be effective or in any 
     of the 4 fiscal years following such fiscal year, the 
     Director shall so state, specify the estimate, and briefly 
     explain the basis of the estimate.
       (ii) Estimates.--The estimate required by clause (i) shall 
     include--

       (I) estimates (and brief explanations of the basis of the 
     estimates) of--

       (aa) the total amount of direct costs of complying with the 
     Federal intergovernmental mandates in the bill or joint 
     resolution; and
       (bb) the amount, if any, of increase in authorization of 
     appropriations under existing Federal financial assistance 
     programs, or of authorization of appropriations for new 
     Federal financial assistance, provided by the bill or joint 
     resolution and usable by States, local governments, or tribal 
     governments for activities subject to the Federal 
     intergovernmental mandates.
       (2) Federal private sector mandates in reported bills and 
     joint resolutions.--For each bill or joint resolution of a 
     public character reported by any committee of authorization 
     of the House of Representatives or of the Senate, the 
     Director shall prepare and submit to the committee a 
     statement as follows:
       (A) Direct costs at or below threshold.--If the Director 
     estimates that the direct costs of all Federal private sector 
     mandates in the bill or joint resolution will not equal or 
     exceed $200,000,000 (adjusted annually for inflation by the 
     Consumer Price Index) in the fiscal year in which any Federal 
     private sector mandate in the bill or joint resolution (or in 
     any necessary implementing regulation) would first be 
     effective or in any of the 4 fiscal years following such 
     fiscal year, the Director shall so state and shall briefly 
     explain the basis of the estimate.
       (B) Direct costs above threshold.--
       (i) In general.--If the Director estimates that the direct 
     costs of all Federal private sector mandates in the bill or 
     joint resolution will equal or exceed $200,000,000 (adjusted 
     annually for inflation by the Consumer Price Index) any 
     Federal private sector mandate in the bill or joint 
     resolution (or in any necessary implementing regulation) 
     would first be effective or in any of the 4 fiscal years 
     following such fiscal year, the Director shall so state and 
     shall briefly explain the basis of the estimate.
       (ii) Estimates.--Estimates required by this subparagraph 
     shall include--

       (I) estimates (and a brief explanation of the basis of the 
     estimates) of--

       (aa) the total amount of direct costs of complying with the 
     Federal private sector mandates in the bill or joint 
     resolution; and
       (bb) the amount, if any, of increase in authorization of 
     appropriations under existing Federal financial assistance 
     programs, or of authorization of appropriations for new 
     Federal financial assistance, provided by the bill or joint 
     resolution and usable by the private sector for activities 
     subject to the Federal private sector mandates.
       (C) Failure to make estimate.--If the Director determines 
     that it is not reasonably feasible for him to make a 
     reasonable estimate that would be required by subparagraphs 
     (A) and (B) with respect to Federal private sector mandates, 
     the Director shall not make the estimate, but shall report in 
     his statement that the reasonable estimate cannot be 
     reasonably made and shall include the reasons for that 
     determination in the statement.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Congressional Budget Office to 
     carry out the provisions of this Act $6,000,000, for each of 
     the fiscal years 1995, 1996, 1997, and 1998.
       (e) Technical Amendment.--Section 403 of the Congressional 
     Budget Act of 1974 is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (2);
       (B) in paragraph (3) by striking ``paragraphs (1) and (2)'' 
     and inserting ``paragraph (1)'';
       (C) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively;
       (2) by striking ``(a)''; and
       (3) by striking subsections (b) and (c).
     SEC. 103. POINT OF ORDER IN THE SENATE.

       (a) In General.--It shall not be in order in the Senate to 
     consider any bill or joint resolution that is reported by any 
     committee of authorization of the Senate unless, based upon a 
     ruling of the presiding Officer--
       (1) the committee has published a statement of the Director 
     in accordance with section 101(c) prior to such 
     consideration; and
       (2) in the case of a bill or joint resolution containing 
     Federal intergovernmental mandates, either--
       (A) the direct costs of all Federal intergovernmental 
     mandates in the bill or joint resolution are estimated not to 
     equal or exceed $50,000,000 (adjusted annually for inflation 
     by the Consumer Price Index) in the fiscal year in which any 
     Federal intergovernmental mandate in the bill or joint 
     resolution (or in any necessary implementing regulation) 
     would first be effective or in any of the 4 fiscal years 
     following such fiscal year, or
       (B)(i) the amount of the increase in authorization of 
     appropriations under existing Federal financial assistance 
     programs, or of authorization of appropriations for new 
     Federal financial assistance, provided by the bill or joint 
     resolution and usable by States, local governments, or tribal 
     governments for activities subject to the Federal 
     intergovernmental mandates is at least equal to the estimated 
     amount of direct costs of the Federal intergovernmental 
     mandates.
       (b) Waiver.--The point of order under subsection (a) may be 
     waived in the Senate by a majority vote of the Members voting 
     (provided that a quorum is present) or by the unanimous 
     consent of the Senate.

     SEC. 104. EXERCISE OF RULEMAKING POWERS.

       The provisions of sections 101, 102, 103, and 105 are 
     enacted by 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 such 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 each House.

     SEC. 105. EFFECTIVE DATE.

       This title shall apply to bills and joint resolutions 
     reported by committee on or after October 1, 1996.
             TITLE II--REGULATORY ACCOUNTABILITY AND REFORM

     SEC. 201. REGULATORY PROCESS.

       (a) In General.--Each agency shall, to the extent permitted 
     in law, assess the effects of Federal regulations on States, 
     local governments, and tribal governments (other than to the 
     extent that such regulations incorporate requirements 
     specifically set forth in legislation), including 
     specifically the availability of resources to carry out any 
     Federal intergovernmental mandates in those regulations, and 
     seek to minimize those burdens that uniquely or significantly 
     affect such governmental entities, consistent with achieving 
     statutory and regulatory objectives.
       (b) State, Local Government, and Tribal Government Input.--
     Each agency shall, to the extent permitted in law, develop an 
     effective process to permit elected officials (including 
     their designated representatives) of States, local 
     governments, and tribal governments to provide meaningful and 
     timely input in the development of regulatory proposals 
     containing significant Federal intergovernmental mandates. 
     Such a process shall be consistent with all applicable laws.
       (c) Agency Plan.--
       (1) In general.--Before establishing any regulatory 
     requirements that might significantly or uniquely affect 
     small governments, agencies shall have developed a plan under 
     which the agency shall--
       (A) provide notice of the contemplated requirements to 
     potentially affected small governments, if any;
       (B) enable officials of affected small governments to 
     provide input pursuant to subsection (b); and
       (C) inform, educate, and advise small governments on 
     compliance with the requirements.
       (2) Authorization.--There are hereby authorized to be 
     appropriated to each agency to carry out the provisions of 
     this section, and for no other purpose, such sums as are 
     necessary.

     SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFICANT REGULATORY 
                   ACTIONS.

       (a) In General.--Before promulgating any final rule that 
     includes any Federal intergovernmental mandates that may 
     result in the expenditure by States, local governments, or 
     tribal governments, in the aggregate, of $100,000,000 or more 
     (adjusted annually for inflation by the Consumer Price Index) 
     in any 1 year, and before promulgating any general notice of 
     proposed rulemaking that is likely to result in promulgation 
     of any such rule, the agency shall prepare a written 
     statement containing--
       (1) estimates by the agency, including the underlying 
     analysis, of the anticipated costs to States, local 
     governments, and tribal governments of complying with the 
     Federal intergovernmental mandates, and of the extent to 
     which such costs may be paid with funds provided by the 
     Federal Government 
     [[Page S1111]] or otherwise paid through Federal financial 
     assistance;
       (2) estimates by the agency, if and to the extent that the 
     agency determines that accurate estimates are reasonably 
     feasible, of--
       (A) the future costs of Federal intergovernmental mandates; 
     and
       (B) any disproportionate budgetary effects of the Federal 
     intergovernmental mandates upon any particular regions of the 
     country or particular States, local governments, tribal 
     governments, urban or rural or other types of communities;
       (3) a qualitative, and if possible, a quantitative 
     assessment of costs and benefits anticipated from the Federal 
     intergovernmental mandates (such as the enhancement of health 
     and safety and the protection of the natural environment); 
     and
       (4)(A) a description of the extent of any input to the 
     agency from elected representatives (including their 
     designated representatives) of the affected States, local 
     governments, and tribal governments and of other affected 
     parties;
       (B) a summary of the comments and concerns that were 
     presented by States, local governments, or tribal governments 
     either orally or in writing to the agency;
       (C) a summary of the agency's evaluation of those comments 
     and concerns; and
       (D) the agency's position supporting the need to issue the 
     regulation containing the Federal intergovernmental mandates 
     (considering, among other things, the extent to which costs 
     may or may not be paid with funds provided by the Federal 
     Government).
       (b) Promulgation.--In promulgating a general notice of 
     proposed rulemaking or a final rule for which a statement 
     under subsection (a) is required, the agency shall include in 
     the promulgation a summary of the information contained in 
     the statement.
       (c) Preparation in Conjunction With Other Statement.--Any 
     agency may prepare any statement required by subsection (a) 
     in conjunction with or as a part of any other statement or 
     analysis, provided that the statement or analysis satisfies 
     the provisions of subsection (a).

     SEC. 203. ASSISTANCE TO THE CONGRESSIONAL BUDGET OFFICE.

       The Director of the Office of Management and Budget shall 
     collect from agencies the statements prepared under section 
     202 and periodically forward copies of them to the Director 
     of the Congressional Budget Office on a reasonably timely 
     basis after promulgation of the general notice of proposed 
     rulemaking or of the final rule for which the statement was 
     prepared.

     SEC. 204. PILOT PROGRAM ON SMALL GOVERNMENT FLEXIBILITY.

       (a) In General.--The Director of the Office of Management 
     and Budget, in consultation with Federal agencies, shall 
     establish pilot programs in at least 2 agencies to test 
     innovative, and more flexible regulatory approaches that--
       (1) reduce reporting and compliance burdens on small 
     governments; and
       (2) meet overall statutory goals and objectives.
       (b) Program Focus.--The pilot programs shall focus on rules 
     in effect or proposed rules, or a combination thereof.
                   TITLE IV--JUDICIAL REVIEW; SUNSET

     SEC. 401. JUDICIAL REVIEW.

       Any statement or report prepared under this Act, and any 
     compliance or noncompliance with the provisions of this Act, 
     and any determination concerning the applicability of the 
     provisions of this Act shall not be subject to judicial 
     review. The provisions of this Act shall not create any right 
     or benefit, substantive or procedural, enforceable by any 
     person in any administrative or judicial action. No ruling or 
     determination under this Act shall be considered by any court 
     in determining the intent of Congress or for any other 
     purpose.

     SEC. 402. SUNSET.

       This Act shall expire December 31, 1998.
                                                                    ____

                            Amendment No. 96

       Strike out all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Mandate 
     Accountability and Reform Act of 1995''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to strengthen the partnership between the Federal 
     Government and States, local governments, and tribal 
     governments;
       (2) to end the imposition, in the absence of full 
     consideration by Congress, of Federal mandates on States, 
     local governments, and tribal governments without adequate 
     Federal funding, in a manner that may displace other 
     essential State, local, and tribal governmental priorities;
       (3) to assist Congress in its consideration of proposed 
     legislation establishing or revising Federal programs 
     containing Federal mandates affecting States, local 
     governments, tribal governments, and the private sector by--
       (A) providing for the development of information about the 
     nature and size of mandates in proposed legislation; and
       (B) establishing a mechanism to bring such information to 
     the attention of the Senate before the Senate votes on 
     proposed legislation;
       (4) to promote informed and deliberate decisions by 
     Congress on the appropriateness of Federal mandates in any 
     particular instances;
       (5) to establish a point-of-order vote on the consideration 
     in the Senate of legislation containing significant Federal 
     mandates; and
       (6) to assist Federal agencies in their consideration of 
     proposed regulations affecting States, local governments, and 
     tribal governments, by--
       (A) requiring that Federal agencies develop a process to 
     enable the elected and other officials of States, local 
     governments, and tribal governments to provide input when 
     Federal agencies are developing regulations; and
       (B) requiring that Federal agencies prepare and consider 
     better estimates of the budgetary impact of regulations 
     containing Federal mandates upon States, local governments, 
     and tribal governments before adopting such regulations, and 
     ensuring that small governments are given special 
     consideration in that process.

     SEC. 3. DEFINITIONS.

       For purposes of this Act--
       (1) Federal intergovernmental mandate.--The term ``Federal 
     intergovernmental mandate'' means--
       (A) any provision in a bill or joint resolution before 
     Congress or in a proposed or final Federal regulation that--
       (i) would impose a duty upon States, local governments, or 
     tribal governments that is enforceable by administrative, 
     civil, or criminal penalty or by injunction (other than a 
     condition of Federal assistance or a duty arising from 
     participation in a voluntary Federal program, except as 
     provided in subparagraph (B)); or
       (ii) would reduce or eliminate the amount of authorization 
     of appropriations for Federal financial assistance that would 
     be provided to States, local governments, or tribal 
     governments for the purpose of complying with any such 
     previously imposed duty; or
       (B) any provision in a bill or joint resolution before 
     Congress or in a proposed or final Federal regulation that 
     relates to a then-existing Federal program under which 
     $500,000,000 or more is provided annually to States, local 
     governments, and tribal governments under entitlement 
     authority (as defined in section 3(9) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 622(9))), if--
       (i)(I) the bill or joint resolution or regulation would 
     increase the stringency of conditions of assistance to 
     States, local governments, or tribal governments under the 
     program; or
       (II) would place caps upon, or otherwise decrease, the 
     Federal Government's responsibility to provide funding to 
     States, local governments, or tribal governments under the 
     program; and
       (ii) the States, local governments, or tribal governments 
     that participate in the Federal program lack authority under 
     that program to amend their financial or programmatic 
     responsibilities to continue providing required services that 
     are affected by the bill or joint resolution or regulation.
       (2) Federal private sector mandate.--The term ``Federal 
     private sector mandate'' means any provision in a bill or 
     joint resolution before Congress that--
       (A) would impose a duty upon the private sector that is 
     enforceable by administrative, civil, or criminal penalty or 
     by injunction (other than a condition of Federal assistance 
     or a duty arising from participation in a voluntary Federal 
     program); or
       (B) would reduce or eliminate the amount of authorization 
     of appropriations for Federal financial assistance that will 
     be provided to the private sector for the purpose of 
     complying with any such duty.
       (3) Federal mandate.--The term ``Federal mandate'' means a 
     Federal intergovernmental mandate or a Federal private sector 
     mandate, as defined in paragraphs (1) and (2).
       (4) Direct costs.--
       (A) For a federal intergovernmental mandate.--In the case 
     of a Federal intergovernmental mandate, the term ``direct 
     costs'' means the aggregate estimated amounts that all 
     States, local governments, and tribal governments would be 
     required to spend in order to comply with the Federal 
     intergovernmental mandate, or, in the case of a bill or joint 
     resolution referred to in paragraph (1)(A)(ii), the amount of 
     Federal financial assistance eliminated or reduced.
       (B) For a federal private sector mandate.--In the case of a 
     Federal private sector mandate, the term ``direct costs'' 
     means the aggregate amounts that the private sector will be 
     required to spend in order to comply with the Federal private 
     sector mandate.
       (C) Not included.--The term ``direct costs'' does not 
     include--
       (i) estimated amounts that the States, local governments, 
     and tribal governments (in the case of a Federal 
     intergovernmental mandate), or the private sector (in the 
     case of a Federal private sector mandate), would spend--

       (I) to comply with or carry out all applicable Federal, 
     State, local, and tribal laws and regulations adopted before 
     the adoption of the Federal mandate; or
       (II) to continue to carry out State, local governmental, 
     and tribal governmental programs, or private-sector business 
     or other activities established at the time of adoption of 
     the Federal mandate; or

       (ii) expenditures to the extent that they will be offset by 
     any direct savings to be enjoyed by the States, local 
     governments, and tribal governments, or by the private 
     sector, as a result of--
     [[Page S1112]]   (I) their compliance with the Federal 
     mandate; or
       (II) other changes in Federal law or regulation that are 
     enacted or adopted in the same bill or joint resolution or 
     proposed or final Federal regulation and that govern the same 
     activity as is affected by the Federal mandate.

       (D) Assumption.--Direct costs shall be determined on the 
     assumption that States, local governments, tribal 
     governments, and the private sector will take all reasonable 
     steps necessary to mitigate the costs resulting from the 
     Federal mandate, and will comply with applicable standards of 
     practice and conduct established by recognized professional 
     or trade associations.
       (5) Amount of authorization of appropriations for federal 
     financial assistance.--The term ``amount'' with respect to an 
     authorization of appropriations for Federal financial 
     assistance means--
       (A) the amount of budget authority (as defined in section 
     3(2)(A) of the Congressional Budget Act of 1974 (2 U.S.C. 
     622(2)(A))) of any Federal grant assistance; and
       (B) the subsidy amount (as defined as ``cost'' in section 
     502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
     661a(5)(a))) of any Federal program providing loan guarantees 
     or direct loans.
       (6) Private sector.--The term ``private sector'' means 
     individuals, partnerships, associations, corporations, 
     business trusts, or legal representatives, organized groups 
     of individuals, and educational and other nonprofit 
     institutions.
       (7) Other definitions.--
       (A) Agency.--The term ``agency'' has the meaning stated in 
     section 551(1) of title 5, United States Code, but does not 
     include independent regulatory agencies, as defined by 
     section 3502(10) of title 44, United States Code.
       (B) Director.--The term ``Director'' means the Director of 
     the Congressional Budget Office.
       (C) Local government.--The term ``local government'' has 
     the same meaning as in section 6501(6) of title 31, United 
     States Code.
       (D) Regulation or rule.--The term ``regulation'' or 
     ``rule'' has the meaning of ``rule'' as defined in section 
     601(2) of title 5, United States Code.
       (E) Small government.--The term ``small government'' means 
     any small governmental jurisdiction as defined in section 
     601(5) of title 5, United States Code, and any tribal 
     government.
       (F) State.--The term ``State'' has the same meaning as in 
     section 6501(9) of title 31, United States Code.

     SEC. 4. EXCLUSIONS.

       This Act shall not apply to any provision in a bill or 
     joint resolution before Congress and any provision in a 
     proposed or final Federal regulation that--
       (1) enforces constitutional rights of individuals;
       (2) establishes or enforces any statutory rights that 
     prohibit discrimination on the basis of race, religion, 
     gender, national origin, or handicapped or disability status;
       (3) requires compliance with accounting and auditing 
     procedures with respect to grants or other money or property 
     provided by the United States Government;
       (4) provides for emergency assistance or relief at the 
     request of any State, local government, or tribal government 
     or any official of any of them;
       (5) is necessary for the national security or the 
     ratification or implementation of international treaty 
     obligations; or
       (6) the President designates as emergency legislation and 
     that the Congress so designates in statute.

     SEC. 5. AGENCY ASSISTANCE.

       Each agency shall provide to the Director of the 
     Congressional Budget Office such information and assistance 
     as he may reasonably request to assist him in performing his 
     responsibilities under this Act.
             TITLE I--LEGISLATIVE ACCOUNTABILITY AND REFORM

     SEC. 101. DUTIES OF CONGRESSIONAL COMMITTEES.

       (a) Committee Report.--
       (1) Regarding federal mandates.--
       (A) In general.--When a committee of authorization of the 
     House of Representatives or the Senate reports a bill or 
     joint resolution of public character that includes any 
     Federal mandate, the committee shall issue a report to 
     accompany the bill or joint resolution containing the 
     information required by subparagraphs (B) and (C).
       (B) Reports on federal mandates.--Each report required by 
     subparagraph (A) shall contain--
       (i) an identification and description, prepared in 
     consultation with the Director, of any Federal mandates in 
     the bill or joint resolution, including the expected direct 
     costs to States, local governments, and tribal governments, 
     and to the private sector, required to comply with the 
     Federal mandates; and
       (ii) a qualitative, and if possible, a quantitative 
     assessment of costs and benefits anticipated from the Federal 
     mandates (including the enhancement of health and safety and 
     the protection of the natural environment).
       (C) Intergovernmental mandates.--If any of the Federal 
     mandates in the bill or joint resolution are Federal 
     intergovernmental mandates, the report required by 
     subparagraph (A) shall also contain--
       (i)(I) a statement of the amount, if any, of increase in 
     authorization of appropriations under existing Federal 
     financial assistance programs, or of authorization of 
     appropriations for new Federal financial assistance, provided 
     by the bill or joint resolution and usable for activities of 
     States, local governments, or tribal governments subject to 
     the Federal intergovernmental mandates; and
       (II) a statement of whether the committee intends that the 
     Federal intergovernmental mandates be partly or entirely 
     unfunded, and if so, the reasons for that intention;
       (ii) any existing sources of Federal assistance in addition 
     to those identified in clause (i) that may assist States, 
     local governments, and tribal governments in meeting the 
     direct costs of the Federal intergovernmental mandates; and
       (iii) an identification of one or more of the following: 
     reductions in authorization of existing appropriations, a 
     reduction in direct spending, or an increase in receipts 
     (consistent with the amount identified clause (i)(I)).
       (2) Preemption clarification and information.--When a 
     committee of authorization of the House of Representatives or 
     the Senate reports a bill or joint resolution of public 
     character, the committee report accompanying the bill or 
     joint resolution shall contain, if relevant to the bill or 
     joint resolution, an explicit statement on the extent to 
     which the bill or joint resolution preempts any State, local, 
     or tribal law, and, if so, an explanation of the reasons for 
     such preemption.
       (b) Submission of Bills to the Director.--When a committee 
     of authorization of the House of Representatives or the 
     Senate reports a bill or joint resolution of a public 
     character, the committee shall promptly provide the bill or 
     joint resolution to the Director and shall identify to the 
     Director any Federal mandates contained in the bill or 
     resolution.
       (c) Publication of Statement From the Director.--
       (1) In general.--Upon receiving a statement (including any 
     supplemental statement) from the Director pursuant to section 
     102(c), a committee of the House of Representatives or the 
     Senate shall publish the statement in the committee report 
     accompanying the bill or joint resolution to which the 
     statement relates if the statement is available soon enough 
     to be included in the printed report.
       (2) If not included.--If the statement is not published in 
     the report, or if the bill or joint resolution to which the 
     statement relates is expected to be considered by the House 
     of Representatives or the Senate before the report is 
     published, the committee shall cause the statement, or a 
     summary thereof, to be published in the Congressional Record 
     in advance of floor consideration of the bill or joint 
     resolution.

     SEC. 102. DUTIES OF THE DIRECTOR.

       (a) Studies.--
       (1) Proposed legislation.--As early as practicable in each 
     new Congress, any committee of the House of Representatives 
     or the Senate which anticipates that the committee will 
     consider any proposed legislation establishing, amending, or 
     reauthorizing any Federal program likely to have a 
     significant budgetary impact on States, local governments, or 
     tribal governments, or likely to have a significant financial 
     impact on the private sector, including any legislative 
     proposal submitted by the executive branch likely to have 
     such a budgetary or financial impact, shall request that the 
     Director initiate a study of the proposed legislation in 
     order to develop information that may be useful in analyzing 
     the costs of any Federal mandates that may be included in the 
     proposed legislation.
       (2) Considerations.--In conducting the study under 
     paragraph (1), the Director shall--
       (A) solicit and consider information or comments from 
     elected officials (including their designated 
     representatives) of States, local governments, tribal 
     governments, designated representatives of the private 
     sector, and such other persons as may provide helpful 
     information or comments;
       (B) consider establishing advisory panels of elected 
     officials (including their designated representatives) of 
     States, local governments, tribal governments, designated 
     representatives of the private sector, and other persons if 
     the Director determines, in the Director's discretion, that 
     such advisory panels would be helpful in performing the 
     Director's responsibilities under this section; and
       (C) consult with the relevant committees of the House of 
     Representatives and of the Senate.
       (b) Consultation.--The Director shall, at the request of 
     any committee of the House of Representatives or of the 
     Senate, consult with and assist such committee in analyzing 
     the budgetary or financial impact of any proposed legislation 
     that may have--
       (1) a significant budgetary impact on State, local, or 
     tribal governments; or
       (2) a significant financial impact on the private sector.
       (c) Statements on Nonappropriations Bills and Joint 
     Resolutions.--
       (1) Federal intergovernmental mandates in reported bills 
     and joint resolutions.--For each bill or joint resolution of 
     a public character reported by any committee of authorization 
     of the House of Representatives or of the Senate, the 
     Director shall prepare and submit to the committee a 
     statement as follows:
       (A) Direct costs at or below threshold.--If the Director 
     estimates that the direct costs of all Federal 
     intergovernmental mandates in the bill or joint resolution 
     will 
     [[Page S1113]] not equal or exceed $50,000,000 (adjusted 
     annually for inflation by the Consumer Price Index) in the 
     fiscal year in which any Federal intergovernmental mandate in 
     the bill or joint resolution (or in any necessary 
     implementing regulation) would first be effective or in any 
     of the 4 fiscal years following such fiscal year, the 
     Director shall so state and shall briefly explain the basis 
     of the estimate.
       (B) Direct costs above threshold.--
       (i) In general.--If the Director estimates that the direct 
     costs of all Federal intergovernmental mandates in the bill 
     or joint resolution will equal or exceed $50,000,000 
     (adjusted annually for inflation by the Consumer Price Index) 
     in the fiscal year in which any Federal intergovernmental 
     mandate in the bill or joint resolution (or in any necessary 
     implementing regulation) would first be effective or in any 
     of the 4 fiscal years following such fiscal year, the 
     Director shall so state, specify the estimate, and briefly 
     explain the basis of the estimate.
       (ii) Estimates.--The estimate required by clause (i) shall 
     include--

       (I) estimates (and brief explanations of the basis of the 
     estimates) of--

       (aa) the total amount of direct costs of complying with the 
     Federal intergovernmental mandates in the bill or joint 
     resolution; and
       (bb) the amount, if any, of increase in authorization of 
     appropriations under existing Federal financial assistance 
     programs, or of authorization of appropriations for new 
     Federal financial assistance, provided by the bill or joint 
     resolution and usable by States, local governments, or tribal 
     governments for activities subject to the Federal 
     intergovernmental mandates;

       (II) estimates, if and to the extent that the Director 
     determines that accurate estimates are reasonably feasible, 
     of--

       (aa) future direct costs of Federal intergovernmental 
     mandates to the extent that they significantly differ from or 
     extend beyond the 5-year time period referred to in clause 
     (i); and
       (bb) any disproportionate budgetary effects of Federal 
     intergovernmental mandates and of any Federal financial 
     assistance in the bill or joint resolution upon any 
     particular regions of the country or particular States, local 
     governments, tribal governments, or urban or rural or other 
     types of communities; and

       (III) any amounts appropriated in the prior fiscal year to 
     fund the activities subject to the Federal intergovernmental 
     mandate.
       (2) Federal private sector mandates in reported bills and 
     joint resolutions.--For each bill or joint resolution of a 
     public character reported by any committee of authorization 
     of the House of Representatives or of the Senate, the 
     Director shall prepare and submit to the committee a 
     statement as follows:
       (A) Direct costs at or below threshold.--If the Director 
     estimates that the direct costs of all Federal private sector 
     mandates in the bill or joint resolution will not equal or 
     exceed $200,000,000 (adjusted annually for inflation by the 
     Consumer Price Index) in the fiscal year in which any Federal 
     private sector mandate in the bill or joint resolution (or in 
     any necessary implementing regulation) would first be 
     effective or in any of the 4 fiscal years following such 
     fiscal year, the Director shall so state and shall briefly 
     explain the basis of the estimate.
       (B) Direct costs above threshold.--
       (i) In general.--If the Director estimates that the direct 
     costs of all Federal private sector mandates in the bill or 
     joint resolution will equal or exceed $200,000,000 (adjusted 
     annually for inflation by the Consumer Price Index) any 
     Federal private sector mandate in the bill or joint 
     resolution (or in any necessary implementing regulation) 
     would first be effective or in any of the 4 fiscal years 
     following such fiscal year, the Director shall so state and 
     shall briefly explain the basis of the estimate.
       (ii) Estimates.--Estimates required by this subparagraph 
     shall include--

       (I) estimates (and a brief explanation of the basis of the 
     estimates) of--

       (aa) the total amount of direct costs of complying with the 
     Federal private sector mandates in the bill or joint 
     resolution; and
       (bb) the amount, if any, of increase in authorization of 
     appropriations under existing Federal financial assistance 
     programs, or of authorization of appropriations for new 
     Federal financial assistance, provided by the bill or joint 
     resolution and usable by the private sector for activities 
     subject to the Federal private sector mandates;

       (II) estimates, if and to the extent that the Director 
     determines that such estimates are reasonably feasible, of--

       (aa) future costs of Federal private sector mandates to the 
     extent that they differ significantly from or extend beyond 
     the 5-year time period referred to in clause (i);
       (bb) any disproportionate financial effects of Federal 
     private sector mandates and of any Federal financial 
     assistance in the bill or joint resolution upon particular 
     industries or sectors of the economy, States, regions, and 
     urban or rural or other types of communities; and
       (cc) the effect of Federal private sector mandates in the 
     bill or joint resolution on the national economy, including 
     on productivity, economic growth, full employment, creation 
     of productive jobs, and international competitiveness of 
     American goods and services; and

       (III) any amounts appropriated in the prior fiscal year to 
     fund activities subject to the Federal private sector 
     mandate.

       (C) Failure to make estimate.--If the Director determines 
     that it is not reasonably feasible for him to make a 
     reasonable estimate that would be required by subparagraphs 
     (A) and (B) with respect to Federal private sector mandates, 
     the Director shall not make the estimate, but shall report in 
     his statement that the reasonable estimate cannot be 
     reasonably made and shall include the reasons for that 
     determination in the statement.
       (3) Amended bills and joint resolutions; conference 
     reports.--If the Director has prepared a statement that 
     includes the determination described in paragraph (1)(B)(i) 
     for a bill or joint resolution, and if that bill or joint 
     resolution is passed in an amended form (including if passed 
     by one House as an amendment in the nature of a substitute 
     for the language of a bill or joint resolution from the other 
     House) or is reported by a committee of conference in an 
     amended form, the committee of conference shall ensure, to 
     the greatest extent practicable, that the Director prepare a 
     supplemental statement for the bill or joint resolution. The 
     requirements of section 103 shall not apply to the 
     publication of any supplemental statement prepared under this 
     subsection.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Congressional Budget Office to 
     carry out the provisions of this Act $6,000,000, for each of 
     the fiscal years 1995, 1996, 1997, and 1998.
       (e) Technical Amendment.--Section 403 of the Congressional 
     Budget Act of 1974 is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (2);
       (B) in paragraph (3) by striking ``paragraphs (1) and (2)'' 
     and inserting ``paragraph (1)'';
       (C) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively;
       (2) by striking ``(a)''; and
       (3) by striking subsections (b) and (c).
     SEC. 103. POINT OF ORDER IN THE SENATE.

       (a) In General.--It shall not be in order in the Senate to 
     consider any bill or joint resolution that is reported by any 
     committee of authorization of the Senate unless, based upon a 
     ruling of the presiding Officer--
       (1) the committee has published a statement of the Director 
     in accordance with section 101(c) prior to such 
     consideration; and
       (2) in the case of a bill or joint resolution containing 
     Federal intergovernmental mandates, either--
       (A) the direct costs of all Federal intergovernmental 
     mandates in the bill or joint resolution are estimated not to 
     equal or exceed $50,000,000 (adjusted annually for inflation 
     by the Consumer Price Index) in the fiscal year in which any 
     Federal intergovernmental mandate in the bill or joint 
     resolution (or in any necessary implementing regulation) 
     would first be effective or in any of the 4 fiscal years 
     following such fiscal year, or
       (B)(i) the amount of the increase in authorization of 
     appropriations under existing Federal financial assistance 
     programs, or of authorization of appropriations for new 
     Federal financial assistance, provided by the bill or joint 
     resolution and usable by States, local governments, or tribal 
     governments for activities subject to the Federal 
     intergovernmental mandates is at least equal to the estimated 
     amount of direct costs of the Federal intergovernmental 
     mandates; and
       (ii) the committee of jurisdiction has identified in the 
     bill or joint resolution one or more of the following: a 
     reduction in authorization of existing appropriations, a 
     reduction in direct spending, or an increase in receipts 
     (consistent with the amount identified in clause (i)).
       (b) Waiver.--The point of order under subsection (a) may be 
     waived in the Senate by a majority vote of the Members voting 
     (provided that a quorum is present) or by the unanimous 
     consent of the Senate.
       (c) Amendment To Raise Authorization Level.--
     Notwithstanding the terms of subsection (a), it shall not be 
     out of order pursuant to this section to consider a bill or 
     joint resolution to which an amendment is proposed and agreed 
     to that would raise the amount of authorization of 
     appropriations to a level sufficient to satisfy the 
     requirements of subsection (a)(2)(B)(i) and that would amend 
     an identification referred to in subsection (a)(2)(B)(ii) to 
     satisfy the requirements of that subsection, nor shall it be 
     out of order to consider such an amendment.

     SEC. 104. EXERCISE OF RULEMAKING POWERS.

       The provisions of sections 101, 102, 103, and 105 are 
     enacted by 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 such 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 each House.

     SEC. 105. EFFECTIVE DATE.

       This title shall apply to bills and joint resolutions 
     reported by committee on or after October 1, 1996.
             TITLE II--REGULATORY ACCOUNTABILITY AND REFORM

     SEC. 201. REGULATORY PROCESS.

       (a) In General.--Each agency shall, to the extent permitted 
     in law, assess the effects of 
     [[Page S1114]] Federal regulations on States, local 
     governments, and tribal governments (other than to the extent 
     that such regulations incorporate requirements specifically 
     set forth in legislation), including specifically the 
     availability of resources to carry out any Federal 
     intergovernmental mandates in those regulations, and seek to 
     minimize those burdens that uniquely or significantly affect 
     such governmental entities, consistent with achieving 
     statutory and regulatory objectives.
       (b) State, Local Government, and Tribal Government Input.--
     Each agency shall, to the extent permitted in law, develop an 
     effective process to permit elected officials (including 
     their designated representatives) and other representatives 
     of States, local governments, and tribal governments to 
     provide meaningful and timely input in the development of 
     regulatory proposals containing significant Federal 
     intergovernmental mandates. Such a process shall be 
     consistent with all applicable laws.
       (c) Agency Plan.--
       (1) In general.--Before establishing any regulatory 
     requirements that might significantly or uniquely affect 
     small governments, agencies shall have developed a plan under 
     which the agency shall--
       (A) provide notice of the contemplated requirements to 
     potentially affected small governments, if any;
       (B) enable officials of affected small governments to 
     provide input pursuant to subsection (b); and
       (C) inform, educate, and advise small governments on 
     compliance with the requirements.
       (2) Authorization.--There are hereby authorized to be 
     appropriated to each agency to carry out the provisions of 
     this section, and for no other purpose, such sums as are 
     necessary.

     SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFICANT REGULATORY 
                   ACTIONS.

       (a) In General.--Before promulgating any final rule that 
     includes any Federal intergovernmental mandates that may 
     result in the expenditure by States, local governments, or 
     tribal governments, in the aggregate, of $100,000,000 or more 
     (adjusted annually for inflation by the Consumer Price Index) 
     in any 1 year, and before promulgating any general notice of 
     proposed rulemaking that is likely to result in promulgation 
     of any such rule, the agency shall prepare a written 
     statement containing--
       (1) estimates by the agency, including the underlying 
     analysis, of the anticipated costs to States, local 
     governments, and tribal governments of complying with the 
     Federal intergovernmental mandates, and of the extent to 
     which such costs may be paid with funds provided by the 
     Federal Government or otherwise paid through Federal 
     financial assistance;
       (2) estimates by the agency, if and to the extent that the 
     agency determines that accurate estimates are reasonably 
     feasible, of--
       (A) the future costs of Federal intergovernmental mandates; 
     and
       (B) any disproportionate budgetary effects of the Federal 
     intergovernmental mandates upon any particular regions of the 
     country or particular States, local governments, tribal 
     governments, urban or rural or other types of communities;
       (3) a qualitative, and if possible, a quantitative 
     assessment of costs and benefits anticipated from the Federal 
     intergovernmental mandates (such as the enhancement of health 
     and safety and the protection of the natural environment); 
     and
       (4)(A) a description of the extent of any input to the 
     agency from elected representatives (including their 
     designated representatives) of the affected States, local 
     governments, and tribal governments and of other affected 
     parties;
       (B) a summary of the comments and concerns that were 
     presented by States, local governments, or tribal governments 
     either orally or in writing to the agency;
       (C) a summary of the agency's evaluation of those comments 
     and concerns; and
       (D) the agency's position supporting the need to issue the 
     regulation containing the Federal intergovernmental mandates 
     (considering, among other things, the extent to which costs 
     may or may not be paid with funds provided by the Federal 
     Government).
       (b) Promulgation.--In promulgating a general notice of 
     proposed rulemaking or a final rule for which a statement 
     under subsection (a) is required, the agency shall include in 
     the promulgation a summary of the information contained in 
     the statement.
       (c) Preparation in Conjunction With Other Statement.--Any 
     agency may prepare any statement required by subsection (a) 
     in conjunction with or as a part of any other statement or 
     analysis, provided that the statement or analysis satisfies 
     the provisions of subsection (a).

     SEC. 203. ASSISTANCE TO THE CONGRESSIONAL BUDGET OFFICE.

       The Director of the Office of Management and Budget shall 
     collect from agencies the statements prepared under section 
     202 and periodically forward copies of them to the Director 
     of the Congressional Budget Office on a reasonably timely 
     basis after promulgation of the general notice of proposed 
     rulemaking or of the final rule for which the statement was 
     prepared.

     SEC. 204. PILOT PROGRAM ON SMALL GOVERNMENT FLEXIBILITY.

       (a) In General.--The Director of the Office of Management 
     and Budget, in consultation with Federal agencies, shall 
     establish pilot programs in at least 2 agencies to test 
     innovative, and more flexible regulatory approaches that--
       (1) reduce reporting and compliance burdens on small 
     governments; and
       (2) meet overall statutory goals and objectives.
       (b) Program Focus.--The pilot programs shall focus on rules 
     in effect or proposed rules, or a combination thereof.
                       TITLE III--BASELINE STUDY

     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 Director of the Bureau of the 
     Census, 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 
     States, local governments, 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 States, 
     local governments and tribal governments.
       (c) Authorization.--There are authorized to be appropriated 
     to the Bureau of the Census to carry out the purposes of this 
     title, and for no other purpose, $1,000,000 for each of the 
     fiscal years 1995 and 1996.
                   TITLE IV--JUDICIAL REVIEW; SUNSET

     SEC. 401. JUDICIAL REVIEW.

       Any statement or report prepared under this Act, and any 
     compliance or noncompliance with the provisions of this Act, 
     and any determination concerning the applicability of the 
     provisions of this Act shall not be subject to judicial 
     review. The provisions of this Act shall not create any right 
     or benefit, substantive or procedural, enforceable by any 
     person in any administrative or judicial action. No ruling or 
     determination under this Act shall be considered by any court 
     in determining the intent of Congress or for any other 
     purpose.

     SEC. 402. SUNSET.

       This Act shall expire December 31, 1998.
                                                                    ____

                            Amendment No. 97

       On page 5, line 19, strike ``impose an'' and insert 
     ``establish a new or increased''.
       On page 7, line 11, strike ``impose an'' and insert 
     ``establish a new or increased''.
       On page 8, line 5, before ``amounts'' insert ``new or 
     increased''.
       On page 8, line 15, before ``amounts'' insert ``new or 
     increased''.
       On page 9, line 7, strike ``or''.
       On page 9, between lines 7 and 8, insert the following:
       ``(II) to comply with or carry out any applicable federal 
     law or regulation (whether expired or still in effect) that 
     would be reauthorized, reenacted, readopted, replaced, or 
     revised by the same bill or joint resolution or proposed or 
     final Federal regulation containing the relevant mandate; 
     or''.
       On page 10, line 4, strike ``and''.
       On page 10, between lines 4 and 5, insert the following:
       ``(III) any reduction in the duties or responsibilities of 
     States, local governments, and tribal governments, or the 
     private sector from levels previously required under any 
     Federal law or regulation (whether expired or still in 
     effect) that is reauthorized, reenacted, readopted, replaced, 
     or revised by the same bill or joint resolution or proposed 
     or final Federal regulation containing the relevant mandate; 
     and''.
                                                                    ____


                            Amendment No. 98

       On page 5, line 19, strike ``impose an'' and insert 
     ``establish a new or increased''.
                                                                    ____


                            Amendment No. 99

       On page 7, line 11, strike ``impose an'' and insert 
     ``establish a new or increased''.
                                                                    ____


                           Amendment No. 100

       On page 8, line 5, before ``amounts'' insert ``new or 
     increased''.
                                                                    ____


                           Amendment No. 101

       On page 8, line 15, before ``amounts'' insert ``new or 
     increased''.
                                                                    ____


                           Amendment No. 102

       On page 9, line 7, strike ``or''.
                                                                    ____


                           Amendment No. 103

       On page 9, between lines 7 and 8, insert the following:
       ``(II) to comply with or carry out any applicable federal 
     law or regulation (whether expired or still in effect) that 
     would be reauthorized, reenacted, readopted, replaced, or 
     revised by the same bill or joint resolution or proposed or 
     final Federal regulation containing the relevant mandate; 
     or''.
                                                                    ____


                           Amendment No. 104

       On page 10, line 4, strike ``and''.
                                                                    ____


                           Amendment No. 105

       On page 10, between lines 4 and 5, insert the following:
       ``(III) any reduction in the duties or responsibilities of 
     States, local governments, and tribal governments, or the 
     private sector 
     [[Page S1115]] from levels previously required under any 
     Federal law or regulation (whether expired or still in 
     effect) that is reauthorized, reenacted, readopted, replaced, 
     or revised by the same bill or joint resolution or proposed 
     or final Federal regulation containing the relevant mandate; 
     and''.
                                 ______


                     LEVIN AMENDMENTS NOS. 106-117

  (Ordered to lie on the table.)
  Mr. LEVIN submitted 12 amendments intended to be proposed by him to 
the bill S. 1, supra; as follows:

                           Amendment No. 106

       On page 12, line 18, insert ``age'' after ``gender,''.
                                                                    ____


                           Amendment No. 107

       On page 33, strike out lines 9 through 12 and insert in 
     lieu thereof the following:

     SEC. 107. SENATE JOINT HEARINGS ON UNFUNDED FEDERAL MANDATES.

       No later than December 31, 1998, the Senate Governmental 
     Affairs Committee and the Senate Budget Committee shall hold 
     joint hearings on the operations of the amendments made by 
     this title and report to the full Senate on their findings 
     and recommendations.

     SEC. 108. EFFECTIVE DATE.

       This title and the amendments made by this title shall--
       (1) take effect on January 1, 1996;
       (2) apply only to legislation considered on or after 
     January 1, 1996; and
       (3) have no force or effect on and after January 1, 2002.
                                                                    ____


                           Amendment No. 108

       On page 5, beginning with line 22, strike out all through 
     line 2 on page 6 and insert in lieu thereof:
       ``(I) a condition of Federal assistance;
       ``(II) a duty arising from participation in a voluntary 
     Federal program, except as provided in subparagraph (B)); or
       ``(III) for purposes of section 408 (c)(1)(B) and (d) only, 
     a duty that establishes or enforces any statutory right of 
     employee in both the public and private sectors with respect 
     to their employment; or''.
                                                                    ____


                           Amendment No. 109

       On page 38, after line 25 insert the following:

     ``SEC. 205. EFFECTIVE DATE.

       ``This title and the amendments made by this title shall 
     take effect with respect to regulations proposed on or after 
     January 1, 1996.''
                                                                    ____


                           Amendment No. 110

       On page 17, insert between lines 17 and 18 the following 
     new paragraph:
       ``(7) Committee determination of mandate disadvantageous to 
     private sector; waiver of point of order.--If a committee of 
     authorization of the Senate or the House of Representatives 
     determines based on the statement required under paragraph 
     (3)(C) that there would be a significant competitive 
     disadvantage to the private sector if a Federal mandate 
     contained in the legislation to which the statement applies 
     were waived for State, local, and tribal governments or the 
     costs of such mandate to the State, local, and tribal 
     governments were paid by the Federal Government, then no 
     point of order under subsection (c)(1)(B) will lie.''
                                                                    ____


                           Amendment No. 111

       On page 24, line 18, strike out ``ineffective'' and insert 
     in lieu thereof the following: ``ineffective as applied to 
     State, local, and tribal governments''.
                                                                    ____

                           Amendment No. 112

       On page 19, insert between lines 10 and 11 the following 
     new clause:
       ``(iii) If the Director determines that it is not feasible 
     to make a reasonable estimate that would be required under 
     clauses (i) and (ii), the Director shall not make the 
     estimate, but shall report in the statement that the 
     reasonable estimate cannot be made and shall include the 
     reasons for that determination in the statement. For purposes 
     of subsection (c), a point of order may be raised as though 
     an estimate was reported that exceeded clause (i).''
                                                                    ____


                           Amendment No. 113

       On page 14, line 19 strike ``expected''.
       On page 22, line 12 strike ``estimated''.
       On page 22, line 22 strike ``estimated''.
       On page 23, line 2 strike ``estimated''.
       On page 23, lines 4 and 5 strike ``a specific dollar amount 
     estimate of the full'' and insert in lieu thereof ``the''.
       On page 24, line 8 strike ``estimated''.
       On page 24, line 15 strike ``estimated''.
                                                                    ____


                           Amendment No. 114

       On page 24, line 21, insert the following before the 
     period: ``as estimated in the authorization bill''.
                                                                    ____


                           Amendment No. 115

       On page 25 after line 10 insert the following:
       ``(4) Determination of applicability.--For purposes of this 
     subsection, the Committee on Governmental Affairs of the 
     Senate, or the Committee on Government Reform and Oversight 
     of the House of Representatives, as applicable, shall be 
     consulted by the Presiding Officer of the Senate in 
     determining whether a bill, joint resolution, amendment, 
     motion or conference report contains a Federal 
     intergovernmental mandate.''
       ``(5) Determination of federal mandate levels.--For 
     purposes of this subsection, the levels of Federal mandates 
     for a fiscal year shall be determined based on the estimates 
     made by the Committee on the Budget of the Senate or the 
     House of Representatives, as the case may be.''
                                                                    ____


                           Amendment No. 116

       On page 29, line 8, insert after the comma the following: 
     ``or at the request of an individual Member of the Senate or 
     the House of Representatives,''.
                                                                    ____


                           Amendment No. 117

       On page 26, after line 5, add the following:
       ``(e) Limitation on Application of Subsection (c).--
     Subsection (c) shall not apply to any bill, joint resolution, 
     amendment, or conference report that reauthorizes 
     appropriations for carrying out, or that amends, any statute 
     if enactment of the bill, joint resolution, amendment, or 
     conference report--
       ``(1) would not result in a net increase in the aggregate 
     amount of direct costs of Federal intergovernmental mandates; 
     and
       ``(2)(A) would not result in a net reduction or elimination 
     of authorizations of appropriations for Federal financial 
     assistance that would be provided to States, local 
     governments, or tribal governments for use to comply with any 
     Federal intergovernmental mandate; or
       ``(B) in the case of any net reduction or elimination of 
     authorizations of appropriations for such Federal financial 
     assistance that would result from such enactment, would 
     reduce the duties imposed by the Federal intergovernmental 
     mandate by a corresponding amount.''
                                 ______


                 DORGAN (AND HARKIN) AMENDMENT NO. 118

  (Ordered to lie on the table.)
  Mr. DORGAN (for himself and Mr. Harkin) submitted an amendment 
intended to be proposed by them to the bill, S. 1, supra; as follows:

       At the end of the bill, add the following:

              TITLE V--INTEREST RATE REPORTING REQUIREMENT

     SEC. 501. REPORT BY BOARD OF GOVERNORS OF THE FEDERAL RESERVE 
                   SYSTEM.

       (a) Report Required.--Not later than 30 days after the 
     Board or the Committee takes any action to change the 
     discount rate or the Federal funds rate, the Board shall 
     submit a report to the Congress and to the President which 
     shall include a detailed analysis of the projected costs of 
     that action, and the projected costs of any associated 
     changes in market interest rates, during the 5-year period 
     following that action.
       (b) Contents.--The report required by subsection (a) shall 
     include an analysis of the costs imposed by such action on--
       (1) Federal, State, and local government borrowing, 
     including costs associated with debt service payments; and
       (2) private sector borrowing, including costs imposed on--
       (A) consumers;
       (B) small businesses;
       (C) homeowners; and
       (D) commercial lenders.
       (c) Definitions.--for purposes of this section--
       (1) the term ``Board'' means the Board of Governors of the 
     Federal Reserve System; and
       (2) the term ``Committee'' means the Federal Open Market 
     Committee established under section 12A of the Federal 
     Reserve Act.
                                 ______


                        DORGAN AMENDMENT NO. 119

  (Ordered to lie on the table.)
  Mr. DORGAN submitted an amendment intended to be proposed by him to 
the bill, S. 1, supra, as follows:

       At the appropriate place, insert the following:

     SEC.  . CALCULATIONS OF THE CONSUMER PRICE INDEX.

       (a) Findings.--The Senate makes the following findings:
       (1) The Chairman of the Board of Governors of the Federal 
     Reserve System has maintained that the current Consumer Price 
     Index overstates inflation by as much as 50 percent.
       (2) Other expert opinions on the Consumer Price Index range 
     from estimates of a modest overstatement to the possibility 
     of an understatement of the rate of inflation.
       (3) Some leaders in the Congress have called for an 
     immediate change in the way in which the Consumer Price Index 
     is calculated.
       (4) Changing the Consumer Price Index in the manner 
     recommended by the Board of Governors of the Federal Reserve 
     System would result in both reductions in Social Security 
     benefits and increases in income taxes.
       (5) The Bureau of Labor Statistics, which has 
     responsibility for the Consumer Price Index, has been working 
     to identify and correct problems with the way in which the 
     Consumer Price Index is now calculated.
       (6) Calculation of the Consumer Price Index should be based 
     on sound economic principles and not on political pressure.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       [[Page S1116]] (1) a precipitous change in the calculation 
     of the Consumer Price Index that would result in an increase 
     in income taxes and a decrease in Social Security benefits is 
     not the appropriate way to resolve this issue; and
       (2) any change in the calculation of the Consumer Price 
     Index should result from thoughtful study and analysis and 
     should be a result of a consensus reached by the experts, not 
     pressure exerted by politicians.
                                 ______


                     GRAHAM AMENDMENTS NOS. 120-122

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted three amendments intended to be proposed by him 
to the bill, S. 1, supra, as follows:

                           Amendment No. 120

       On page 16, line 3, strike ``and''.
       On page 16, line 12, strike ``mandates.'' and insert 
     ``mandates; and''.
       On page 16, between lines 12 and 13, insert the following:
       ``(iii) if funded in whole or in part, a statement of 
     whether and how the committee has created a mechanism to 
     allocate the funding in a manner that is reasonably 
     consistent with the expected direct costs to each State, 
     local, and tribal government.''
                                                                    ____

                           Amendment No. 121

       At the appropriate place, insert the following:

     SEC.   . EFFECTIVE DATE.

       Title shall take effect on July 1, 1995.
                                                                    ____

       Purpose: To provide a budget point of order if a bill, 
     resolution, or amendment reduces or eliminates funding for 
     duties that are the constitutional responsibility of the 
     Federal Government.

                           Amendment No. 122

       On page 6, strike line 3 and all that follows through line 
     10, and insert the following:

       ``(ii) would reduce or eliminate the amount of 
     authorization of appropriations for--
       ``(I) Federal financial assistance that would be provided 
     to States, local governments, or tribal governments for the 
     purpose of complying with any such previously imposed duty 
     unless such duty is reduced or eliminated by a corresponding 
     amount; or
       ``(II) the exercise of powers relating to immigration that 
     are the responsibility or under the authority of the Federal 
     Government and whose reduction or elimination would result in 
     a shifting of the costs of addressing immigration expenses to 
     the States, local governments, and tribal governments; or''.
                                 ______


                         ROTH AMENDMENT NO. 123

  (Ordered to lie on the table.)
  Mr. ROTH submitted an amendment intended to be proposed by him to the 
bill S. 1, supra; as follows:

       On page 19, insert between lines 10 and 11 the following 
     new clause:
       ``(iii) If the Director determines that it is not feasible 
     to make a reasonable estimate that would be required under 
     clauses (i) and (ii), the Director shall not make the 
     estimate, but shall report in the statement that the 
     reasonable estimate cannot be made and shall include the 
     reasons for that determination in the statement. However, for 
     the purposes of subsection (c), such report shall not fulfill 
     the requirements for an estimate under clauses (i) and 
     (ii).''
                                 ______


                       BRADLEY AMENDMENT NO. 124

  (Ordered to lie on the table.)
  Mr. BRADLEY submitted an amendment intended to be proposed by him to 
the bill S. 1, supra; as follows:

       On page 13, insert between lines 13 and 14 the following 
     new section:

     SEC. 6. FINDINGS ON THE IMPACT ON LOCAL GOVERNMENTS.

       The Senate finds that--
       (1) the Congress should be concerned about shifting costs 
     from Federal to State and local authorities and should be 
     equally concerned about the growing tendency of States to 
     shift costs to local governments;
       (2) cost shifting from States to local governments has, in 
     many instances, forced local governments to raise property 
     taxes or curtail sometimes essential services; and
       (3) increases in local property taxes and cuts in essential 
     services threaten the ability of many citizens to attain and 
     maintain the American dream of owning a home in a safe, 
     secure community.
       On page 21, insert between lines 13 and 14 the following 
     new paragraph:
       ``(2) Estimate of possible local property tax relief.--The 
     Director shall include in each statement submitted to a 
     committee of the Congress under this subsection an estimate 
     of the amount by which additional Federal funding or 
     alleviation of the applicable mandate could be used to lower 
     property taxes of a local government, if--
       ``(A) such additional funding were first applied to relief 
     of such taxes; or
       ``(B) such State or local government funds previously used 
     to help pay for a mandate which is proposed to be alleviated 
     were first applied to relief of such taxes.
                                 ______


                      LAUTENBERG AMENDMENT NO. 125

  (Ordered to lie on the table.)
  Mr. LAUTENBERG submitted an amendment intended to be proposed by him 
to the bill S. 1, supra; as follows:

       On page 13, line 5, strike out ``or''.
       On page 13, line 8, strike out the period and insert in 
     lieu thereof a semicolon and ``or''.
       On page 13, insert between lines 8 and 9 the following new 
     paragraph:
       (7) limits exposure to known human (Group A) carcinogens, 
     as defined in the Environmental Protection Agency's Risk 
     Assessment Guidelines of 1986.
                                 ______


                     HARKIN AMENDMENTS NOS. 126-127

  (Ordered to lie on the table.)
  Mr. HARKIN submitted two amendments intended to be proposed by him to 
the bill S. 1, supra; as follows:

                           AMENDMENT NO. 126

       At the appropriate place insert the following:

     SEC.  . DIRECTIVE TO THE ADMINISTRATOR OF THE ENVIRONMENTAL 
                   PROTECTION AGENCY CONCERNING REGULATION OF 
                   FISHING LURES.

       (a) Findings.--Congress finds that--
       (1) millions of Americans of all ages enjoy recreational 
     fishing; fishing is one of the most popular sports;
       (2) lead and other types of metal sinkers and fishing lures 
     have been used by Americans in fishing for hundreds of years;
       (3) the Administrator of the Environmental Protection 
     Agency has proposed to issue a rule under section 6 of the 
     Toxic Substances Control Act, to prohibit the manufacturing, 
     processing, and distribution in commerce in the United 
     States, of certain smaller size fishing sinkers containing 
     lead and zinc, and mixed with other substances, including 
     those made of brass;
       (4) the Environmental Protection Agency has based its 
     conclusions that lead fishing sinkers of a certain size 
     present an unreasonable risk of injury to human health or the 
     environment on less than definitive scientific data, 
     conjecture and anecdotal information;
       (5) alternative forms of sinkers and fishing lures are 
     considerably more expensive than those made of lead; 
     consequently, a ban on lead sinkers would impose additional 
     costs on millions of Americans who fish;
       (6) in the absence of more definitive evidence of harm to 
     the environment, the Federal Government should not take steps 
     to restrict the use of lead sinkers; and
       (7) alternative measures to protect waterfowl from lead 
     exposure should be carefully reviewed.
       (b) Fishing Sinkers and Lures.--
       (1) Directive.--The Administrator of the Environmental 
     Protection Agency shall not, under purported authority of 
     section 6 of the Toxic Substances Control Act (15 U.S.C. 
     2605), take action to prohibit or otherwise restrict the 
     manufacturing, processing, distributing, or use of any 
     fishing sinkers or lures containing lead, zinc, or brass.
       (2) Further action.--If the Administrator obtains a 
     substantially greater amount of evidence of risk of injury to 
     health or the environment than that which was adduced in the 
     rulemaking proceedings described in the proposed rule dated 
     February 28, 1994 (59 Fed. Reg. 11122 (March 9, 1994)), the 
     Administrator shall report those findings to Congress, with 
     any recommendation that the Administrator may have for 
     legislative action.
                                                                    ____

                           Amendment No. 127

       On page 50, add after line 6 the following new title:

                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 501. SENSE OF THE SENATE REGARDING BALANCED BUDGET 
                   AMENDMENT.

       (a) Findings.--The Senate finds that--
       (1) social security is a contributory insurance program 
     supported by deductions from workers' earnings and matching 
     contributions from their employers that are deposited into an 
     independent trust fund;
       (2) over 42,000,000 Americans, including over 3,000,000 
     children and 5,000,000 disabled workers and their families, 
     receive social security benefits;
       (3) social security is the only pension program for 60 
     percent of older Americans;
       (4) almost 60 percent of older beneficiaries depend on 
     social security for at least half of their income and 25 
     percent depend on social security for at least 90 percent of 
     their income;
       (5) without social security an additional 15,000,000 
     Americans, mostly senior citizens, would be thrown into 
     poverty;
       (6) 138,000,000 American workers participate in the social 
     security system and are insured in case of retirement, 
     disability, or death;
       (7) social security is a contract between workers and the 
     Government;
       (8) social security is a self-financed program that is not 
     contributing to the current Federal budget deficit; in fact, 
     the social security trust funds currently have over 
     $400,000,000,000 in reserves and that surplus will increase 
     during fiscal year 1995 alone by an additional 
     $70,000,000,000;
       (9) this surplus is necessary to pay monthly benefits for 
     current and future beneficiaries;
       (10) recognizing that social security is a self-financed 
     program, Congress took social security completely ``off-
     budget'' in 1990; however, unless social security is 
     explicitly excluded from a balanced budget amendment to the 
     United States Constitution, such an amendment would, in 
     effect, put the program back into the Federal budget by 
     referring to 
     [[Page S1117]] all spending and receipts in calculating 
     whether the budget is in balance;
       (11) raiding the social security trust funds to reduce the 
     Federal budget deficit would be devastating to both current 
     and future beneficiaries and would further undermine 
     confidence in the system among younger workers;
       (12) the American people in poll after poll have 
     overwhelmingly rejected cutting social security benefits to 
     reduce the Federal deficit and balance the budget; and
       (13) social security beneficiaries throughout the nation 
     are gravely concerned that their financial security is in 
     jeopardy because of possible social security cuts and deserve 
     to be reassured that their benefits will not be subject to 
     cuts that would likely be required should social security not 
     be excluded from a balanced budget amendment to the United 
     States Constitution.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that any joint resolution providing for a balanced budget 
     amendment to the United States Constitution passed by the 
     Senate shall specifically exclude social security from the 
     calculations used to determine if the Federal budget is in 
     balance.
                                 ______


                        LEAHY AMENDMENT NO. 128

  (Ordered to lie on the table.)
  Mr. LEAHY submitted an amendment intended to be proposed by him to 
the bill, S. 1, supra, as follows:

       At the appropriate place, insert the following:
       (  ) A law or regulation which protects the citizens, 
     businesses or property in a State from the actions of 
     persons, businesses or governments in another State or States 
     is excluded from the provisions of this Act.
                                 ______


                         BYRD AMENDMENT NO. 129

  (Ordered to lie on the table.)
  Mr. BYRD submitted an amendment intended to be proposed by him to the 
bill, S. 1, supra, as follows:

       On page 23, strike beginning with line 24 through line 21 
     on page 24.
                                 ______


                    BINGAMAN AMENDMENT NOS. 130-132

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted three amendments intended to be proposed by 
him to the bill, S. 1, supra, as follows:

                           Amendment No. 130

       On page 7, insert:
       ``(iii) any requirement for a license or permit for the 
     treatment or disposal of hazardous waste''.
                                                                    ____


                           Amendment No. 131

       On page 6, insert before lines 2 and 3 the following:
       ``iii any requirement for a license or permit for the 
     treatment or disposal of nuclear and hazardous waste''.
                                                                    ____


                           Amendment No. 132

       On page 5, line 23, after ``or'' insert ``a condition of 
     receipt of a Federal license; or''.
                                 ______


                   KEMPTHORNE AMENDMENTS NOS. 133-134

  (Ordered to lie on the table.)
  Mr. KEMPTHORNE submitted two amendments intended to be proposed by 
him to the bill S. 1; supra; as follows:

                           Amendment No. 133

       At the appropriate place in the bill insert the following 
     new section:
       Limitation on Application.--This Act shall not apply to any 
     bill, joint resolution, amendment, or conference report that 
     reauthorizes appropriations to carry out, or that amend, any 
     statute if enactment of the bill, joint resolution, 
     amendment, or conference report--
       (1) would not result in a net increase in the aggregate 
     amount of direct costs of Federal intergovernmental mandates; 
     and
       (2)(A) would not result in a net reduction or elimination 
     of authorizations of appropriations for Federal financial 
     assistance that would be provided to States, local 
     governments, or tribal governments for use to comply with any 
     Federal intergovernmental mandate; or
       (B) in the case of any net reduction or elimination of 
     authorizations of appropriations for such Federal financial 
     assistance that would result from such enactment, would 
     reduce the duties imposed by the Federal intergovernmental 
     mandate by a corresponding amount.
                                                                    ____


                           Amendment No. 134

       On page 24, insert between lines 21 and 22 the following 
     new section:
       ``(cc) If a bill, joint resolution, amendmet, motion, or 
     conference report contains a Federal private sector mandate 
     and a Federal intergovernmental mandate that would, if 
     enacted, impose identical duties on both State and local 
     governments and on the private sector, in such cases in which 
     Federal private sector mandates apply to private sector 
     entities which are competing directly or indirectly with 
     State and local governments for the purpose of providing 
     substantially similar goods or services to the public, then 
     this part shall apply to the Federal private sector mandate 
     in that measure or matter in the same manner and to the same 
     extent as it does to the Federal intergovernmental mandate.''
                                 ______


                    DOMENICI AMENDMENT NOS. 135-136

  (Ordered to lie on the table.)
  Mr. KEMPTHORNE (for Mr. Domenici) submitted two amendments intended 
to be proposed by him to the bill S. 1; supra; as follows:

                           Amendment No. 135

       On page 23, line 12, strike ``(3)'' and insert ``5''.

                           Amendment No. 136

       On page 23, line 12, strike ``(3)'' and insert ``this 
     section''.
                                 ______


                      KEMPTHORNE AMENDMENT NO. 137

  (Ordered to lie on the table.)
  Mr. KEMPTHORNE submitted an amendment intended to be proposed by him 
to the bill S. 1; supra; as follows:

       Strike out all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Unfunded Mandate Reform Act 
     of 1995''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to strengthen the partnership between the Federal 
     Government and States, local governments, and tribal 
     governments;
       (2) to end the imposition, in the absence of full 
     consideration by Congress, of Federal mandates on States, 
     local governments, and tribal governments without adequate 
     Federal funding, in a manner that may displace other 
     essential State, local, and tribal governmental priorities;
       (3) to assist Congress in its consideration of proposed 
     legislation establishing or revising Federal programs 
     containing Federal mandates affecting States, local 
     governments, tribal governments, and the private sector by--
       (A) providing for the development of information about the 
     nature and size of mandates in proposed legislation; and
       (B) establishing a mechanism to bring such information to 
     the attention of the Senate and the House of Representatives 
     before the Senate and the House of Representatives vote on 
     proposed legislation;
       (4) to promote informed and deliberate decisions by 
     Congress on the appropriateness of Federal mandates in any 
     particular instance;
       (5) to require that Congress consider whether to provide 
     funding to assist State, local, and tribal governments in 
     complying with Federal mandates, to require analyses of the 
     impact of private sector mandates, and through the 
     dissemination of that information provide informed and 
     deliberate decisions by Congress and Federal agencies and 
     retain competitive balance between the public and private 
     sectors;
       (6) to establish a point-of-order vote on the consideration 
     in the Senate and House of Representatives of legislation 
     containing significant Federal mandates; and
       (7) to assist Federal agencies in their consideration of 
     proposed regulations affecting States, local governments, and 
     tribal governments, by--
       (A) requiring that Federal agencies develop a process to 
     enable the elected and other officials of States, local 
     governments, and tribal governments to provide input when 
     Federal agencies are developing regulations; and
       (B) requiring that Federal agencies prepare and consider 
     better estimates of the budgetary impact of regulations 
     containing Federal mandates upon States, local governments, 
     and tribal governments before adopting such regulations, and 
     ensuring that small governments are given special 
     consideration in that process.

     SEC. 3. DEFINITIONS.

       For purposes of this Act--
       (1) the terms defined under section 408(f) of the 
     Congressional Budget and Impoundment Control Act of 1974 (as 
     added by section 101 of this Act) shall have the meanings as 
     so defined; and
       (2) the term ``Director'' means the Director of the 
     Congressional Budget Office.
     SEC. 4. EXCLUSIONS.

       This Act shall not apply to any provision in a bill or 
     joint resolution before Congress and any provision in a 
     proposed or final Federal regulation that--
       (1) enforces constitutional rights of individuals;
       (2) establishes or enforces any statutory rights that 
     prohibit discrimination on the basis of race, religion, 
     gender, national origin, or handicapped or disability status;
       (3) requires compliance with accounting and auditing 
     procedures with respect to grants or other money or property 
     provided by the United States Government;
       (4) provides for emergency assistance or relief at the 
     request of any State, local, or tribal government or any 
     official of a State, local, or tribal government;
       (5) is necessary for the national security or the 
     ratification or implementation of international treaty 
     obligations; or
       (6) the President designates as emergency legislation and 
     that the Congress so designates in statute.
     [[Page S1118]] SEC. 5. AGENCY ASSISTANCE.

       Each agency shall provide to the Director of the 
     Congressional Budget Office such information and assistance 
     as the Director may reasonably request to assist the Director 
     in carrying out this Act.
             TITLE I--LEGISLATIVE ACCOUNTABILITY AND REFORM

     SEC. 101. LEGISLATIVE MANDATE ACCOUNTABILITY AND REFORM .

       (a) In General.--Title IV of the Congressional Budget and 
     Impoundment Control Act of 1974 is amended by adding at the 
     end thereof the following new section:

     ``SEC. 408. LEGISLATIVE MANDATE ACCOUNTABILITY AND REFORM .

       ``(a) Duties of Congressional Committees.--
       ``(1) In general.--When a committee of authorization of the 
     Senate or the House of Representatives reports a bill or 
     joint resolution of public character that includes any 
     Federal mandate, the report of the committee accompanying the 
     bill or joint resolution shall contain the information 
     required by paragraphs (3) and (4).
       ``(2) Submission of bills to the director.--When a 
     committee of authorization of the Senate or the House of 
     Representatives orders reported a bill or joint resolution of 
     a public character, the committee shall promptly provide the 
     bill or joint resolution to the Director of the Congressional 
     Budget Office and shall identify to the Director any Federal 
     mandates contained in the bill or resolution.
       ``(3) Reports on federal mandates.--Each report described 
     under paragraph (1) shall contain--
       ``(A) an identification and description of any Federal 
     mandates in the bill or joint resolution, including the 
     expected direct costs to State, local, and tribal 
     governments, and to the private sector, required to comply 
     with the Federal mandates;
       ``(B) a qualitative, and if practicable, a quantitative 
     assessment of costs and benefits anticipated from the Federal 
     mandates (including the effects on health and safety and the 
     protection of the natural environment); and
       ``(C) a statement of the degree to which a Federal mandate 
     affects both the public and private sectors and the extent to 
     which Federal payment of public sector costs or the 
     modification or termination of the Federal mandate as 
     provided under subsection (c)(1)(B)(iii)(IV) would affect the 
     competitive balance between State, local, or tribal 
     governments and privately owned businesses.
       ``(4) Intergovernmental mandates.--If any of the Federal 
     mandates in the bill or joint resolution are Federal 
     intergovernmental mandates, the report required under 
     paragraph (1) shall also contain--
       ``(A)(i) a statement of the amount, if any, of increase or 
     decrease in authorization of appropriations under existing 
     Federal financial assistance programs, or of authorization of 
     appropriations for new Federal financial assistance, provided 
     by the bill or joint resolution to pay for the costs to 
     State, local, and tribal governments of the Federal 
     intergovernmental mandate; and
       ``(ii) a statement of whether the committee intends that 
     the Federal intergovernmental mandates be partly or entirely 
     unfunded, and if so, the reasons for that intention; and
       ``(B) any existing sources of Federal assistance in 
     addition to those identified in subparagraph (A) that may 
     assist State, local, and tribal governments in meeting the 
     direct costs of the Federal intergovernmental mandates.
       ``(5) Preemption clarification and information.--When a 
     committee of authorization of the Senate or the House of 
     Representatives reports a bill or joint resolution of public 
     character, the committee report accompanying the bill or 
     joint resolution shall contain, if relevant to the bill or 
     joint resolution, an explicit statement on the extent to 
     which the bill or joint resolution preempts any State, local, 
     or tribal law, and, if so, an explanation of the reasons for 
     such preemption.
       ``(6) Publication of statement from the director.--
       ``(A) Upon receiving a statement (including any 
     supplemental statement) from the Director under subsection 
     (b), a committee of the Senate or the House of 
     Representatives shall publish the statement in the committee 
     report accompanying the bill or joint resolution to which the 
     statement relates if the statement is available at the time 
     the report is printed.
       ``(B) If the statement is not published in the report, or 
     if the bill or joint resolution to which the statement 
     relates is expected to be considered by the Senate or the 
     House of Representatives before the report is published, the 
     committee shall cause the statement, or a summary thereof, to 
     be published in the Congressional Record in advance of floor 
     consideration of the bill or joint resolution.
       ``(b) Duties of the Director; Statements on Bills and Joint 
     Resolutions Other Than Appropriations Bills and Joint 
     Resolutions.--
       ``(1) Federal intergovernmental mandates in reported bills 
     and resolutions.--For each bill or joint resolution of a 
     public character reported by any committee of authorization 
     of the Senate or the House of Representatives, the Director 
     of the Congressional Budget Office shall prepare and submit 
     to the committee a statement as follows:
       ``(A) If the Director estimates that the direct cost of all 
     Federal intergovernmental mandates in the bill or joint 
     resolution will equal or exceed $50,000,000 (adjusted 
     annually for inflation) in the fiscal year in which any 
     Federal intergovernmental mandate in the bill or joint 
     resolution (or in any necessary implementing regulation) 
     would first be effective or in any of the 4 fiscal years 
     following such fiscal year, the Director shall so state, 
     specify the estimate, and briefly explain the basis of the 
     estimate.
       ``(B) The estimate required under subparagraph (A) shall 
     include estimates (and brief explanations of the basis of the 
     estimates) of--
       ``(i) the total amount of direct cost of complying with the 
     Federal intergovernmental mandates in the bill or joint 
     resolution; and
       ``(ii) the amount, if any, of increase in authorization of 
     appropriations under existing Federal financial assistance 
     programs, or of authorization of appropriations for new 
     Federal financial assistance, provided by the bill or joint 
     resolution and usable by State, local, or tribal governments 
     for activities subject to the Federal intergovernmental 
     mandates.
       ``(2) Federal private sector mandates in reported bills and 
     joint resolutions.--For each bill or joint resolution of a 
     public character reported by any committees of authorization 
     of the Senate or the House of Representatives, the Director 
     of the Congressional Budget Office shall prepare and submit 
     to the committee a statement as follows:
       ``(A) If the Director estimates that the direct cost of all 
     Federal private sector mandates in the bill or joint 
     resolution will equal or exceed $200,000,000 (adjusted 
     annually for inflation) in the fiscal year in which any 
     Federal private sector mandate in the bill or joint 
     resolution (or in any necessary implementing regulation) 
     would first be effective or in any of the 4 fiscal years 
     following such fiscal year, the Director shall so state, 
     specify the estimate, and briefly explain the basis of the 
     estimate.
       ``(B) Estimates required under this paragraph shall include 
     estimates (and a brief explanation of the basis of the 
     estimates) of--
       ``(i) the total amount of direct costs of complying with 
     the Federal private sector mandates in the bill or joint 
     resolution; and
       ``(ii) the amount, if any, of increase in authorization of 
     appropriations under existing Federal financial assistance 
     programs, or of authorization of appropriations for new 
     Federal financial assistance, provided by the bill or joint 
     resolution usable by the private sector for the activities 
     subject to the Federal private sector mandates.
       ``(C) If the Director determines that it is not feasible to 
     make a reasonable estimate that would be required under 
     subparagraphs (A) and (B), the Director shall not make the 
     estimate, but shall report in the statement that the 
     reasonable estimate cannot be made and shall include the 
     reasons for that determination in the statement.
       ``(3) Legislation falling below the direct costs 
     thresholds.--If the Director estimates that the direct costs 
     of a Federal mandate will not equal or exceed the thresholds 
     specified in paragraphs (1) and (2), the Director shall so 
     state and shall briefly explain the basis of the estimate.
       ``(c) Legislation Subject to Point of Order in the 
     Senate.--
       ``(1) In general.--It shall not be in order in the Senate 
     to consider--
       ``(A) any bill or joint resolution that is reported by a 
     committee unless the committee has published a statement of 
     the Director on the direct costs of Federal mandates in 
     accordance with subsection (a)(6) before such consideration; 
     and
       ``(B) any bill, joint resolution, amendment, motion, or 
     conference report that would increase the direct costs of 
     Federal intergovernmental mandates by an amount that causes 
     the thresholds specified in subsection (b)(1)(A) to be 
     exceeded, unless--
       ``(i) the bill, joint resolution, amendment, motion, or 
     conference report provides direct spending authority for each 
     fiscal year for the Federal intergovernmental mandates 
     included in the bill, joint resolution, amendment, motion, or 
     conference report in an amount that is equal to the estimated 
     direct costs of such mandate;
       ``(ii) the bill, joint resolution, amendment, motion, or 
     conference report provides an increase in receipts and an 
     increase in direct spending authority for each fiscal year 
     for the Federal intergovernmental mandates included in the 
     bill, joint resolution, amendment, motion, or conference 
     report in an amount equal to the estimated direct costs of 
     such mandate; or
       ``(iii) the bill, joint resolution, amendment, motion, or 
     conference report includes an authorization for 
     appropriations in an amount equal to the estimated direct 
     costs of such mandate, and--
       ``(I) identifies a specific dollar amount estimate of the 
     full direct costs of the mandate for each year or other 
     period during which the mandate shall be in effect under the 
     bill, joint resolution, amendment, motion or conference 
     report, and such estimate is consistent with the estimate 
     determined under paragraph (3) for each fiscal year;
       ``(II) identifies any appropriation bill that is expected 
     to provide for Federal funding of the direct cost referred to 
     under subclause (IV)(aa);
       ``(III) identifies the minimum amount that must be 
     appropriated in each appropriations bill referred to in 
     subclause (II), in order to provide for full Federal funding 
     of the direct costs referred to in subclause (I); and
     [[Page S1119]]   ``(IV)(aa) designates a responsible Federal 
     agency and establishes criteria and procedures under which 
     such agency shall implement less costly programmatic and 
     financial responsibilities of State, local, and tribal 
     governments in meeting the objectives of the mandate, to the 
     extent that an appropriation Act does not provide for the 
     estimated direct costs of such mandate as set forth under 
     subclause (III); or
       ``(bb) designates a responsible Federal agency and 
     establishes criteria and procedures to direct that, if an 
     appropriation Act does not provide for the estimated direct 
     costs of such mandate as set forth under subclause (III), 
     such agency shall declare such mandate to be ineffective as 
     of October 1 of the fiscal year for which the appropriation 
     is not at least equal to the direct costs of the mandate.

       ``(2) Rule of construction.--The provisions of paragraph 
     (1)(B)(iii)(IV)(aa) shall not be construed to prohibit or 
     otherwise restrict a State, local, or tribal government from 
     voluntarily electing to remain subject to the original 
     Federal intergovernmental mandate, complying with the 
     programmatic or financial responsibilities of the original 
     Federal intergovernmental mandate and providing the funding 
     necessary consistent with the costs of Federal agency 
     assistance, monitoring, and enforcement.
       ``(3) Committee on appropriations.--Paragraph (1) shall not 
     apply to matters that are within the jurisdiction of the 
     Committee on Appropriations of the Senate or the House of 
     Representatives.
       ``(d) Enforcement in the House of Representatives.--It 
     shall not be in order in the House of Representatives to 
     consider a rule or order that waives the application of 
     subsection (c) to a bill or joint resolution reported by a 
     committee of authorization.
       ``(e) Exclusions.--This section shall not apply to any 
     provision in a bill or joint resolution before Congress and 
     any provision in a proposed or final Federal regulation 
     that--
       ``(1) enforces constitutional rights of individuals;
       ``(2) establishes or enforces any statutory rights that 
     prohibit discrimination on the basis of race, religion, 
     gender, national origin, or handicapped or disability status;
       ``(3) requires compliance with accounting and auditing 
     procedures with respect to grants or other money or property 
     provided by the United States Government;
       ``(4) provides for emergency assistance or relief at the 
     request of any State, local, or tribal government or any 
     official of a State, local, or tribal government;
       ``(5) is necessary for the national security or the 
     ratification or implementation of international treaty 
     obligations; or
       ``(6) the President designates as emergency legislation and 
     that the Congress so designates in statute.
       ``(f) Definitions.--For purposes of this section:
       ``(1) The term `Federal intergovernmental mandate' means--
       ``(A) any provision in legislation, statute, or regulation 
     that--
       ``(i) would impose an enforceable duty upon States, local 
     governments, or tribal governments, except--

       ``(I) a condition of Federal assistance; or
       ``(II) a duty arising from participation in a voluntary 
     Federal program, except as provided in subparagraph (B)); or

       ``(ii) would reduce or eliminate the amount of 
     authorization of appropriations for Federal financial 
     assistance that would be provided to States, local 
     governments, or tribal governments for the purpose of 
     complying with any such previously imposed duty unless such 
     duty is reduced or eliminated by a corresponding amount; or
       ``(B) any provision in legislation, statute, or regulation 
     that relates to a then-existing Federal program under which 
     $500,000,000 or more is provided annually to States, local 
     governments, and tribal governments under entitlement 
     authority, if the provision--
       ``(i)(I) would increase the stringency of conditions of 
     assistance to States, local governments, or tribal 
     governments under the program; or
       ``(II) would place caps upon, or otherwise decrease, the 
     Federal Government's responsibility to provide funding to 
     States, local governments, or tribal governments under the 
     program; and
       ``(ii) the States, local governments, or tribal governments 
     that participate in the Federal program lack authority under 
     that program to amend their financial or programmatic 
     responsibilities to continue providing required services that 
     are affected by the legislation, statute or regulation.
       ``(2) The term `Federal private sector mandate' means any 
     provision in legislation, statute, or regulation that--
       ``(A) would impose an enforceable duty upon the private 
     sector except--
       ``(i) a condition of Federal assistance; or
       ``(ii) a duty arising from participation in a voluntary 
     Federal program; or
       ``(B) would reduce or eliminate the amount of authorization 
     of appropriations for Federal financial assistance that will 
     be provided to the private sector for the purposes of 
     ensuring compliance with such duty.
       ``(3) The term `Federal mandate' means a Federal 
     intergovernmental mandate or a Federal private sector 
     mandate, as defined in paragraphs (1) and (2).
       ``(4) The terms `Federal mandate direct costs' and `direct 
     costs'--
       ``(A)(i) in the case of a Federal intergovernmental 
     mandate, mean the aggregate estimated amounts that all 
     States, local governments, and tribal governments would be 
     required to spend in order to comply with the Federal 
     intergovernmental mandate; or
       ``(ii) in the case of a provision referred to in paragraph 
     (1)(A)(ii), mean the amount of Federal financial assistance 
     eliminated or reduced;
       ``(B) in the case of a Federal private sector mandate, mean 
     the aggregate estimated amounts that the private sector will 
     be required to spend in order to comply with the Federal 
     private sector mandate;
       ``(C) shall not include--
       ``(i) estimated amounts that the States, local governments, 
     and tribal governments (in the case of a Federal 
     intergovernmental mandate) or the private sector (in the case 
     of a Federal private sector mandate) would spend--

       ``(I) to comply with or carry out all applicable Federal, 
     State, local, and tribal laws and regulations in effect at 
     the time of the adoption of the Federal mandate for the same 
     activity as is affected by that Federal mandate; or
       ``(II) to comply with or carry out State, local 
     governmental, and tribal governmental programs, or private-
     sector business or other activities in effect at the time of 
     the adoption of the Federal mandate for the same activity as 
     is affected by that mandate; or

       ``(ii) expenditures to the extent that such expenditures 
     will be offset by any direct savings to the States, local 
     governments, and tribal governments, or by the private 
     sector, as a result of--

       ``(I) compliance with the Federal mandate; or
       ``(II) other changes in Federal law or regulation that are 
     enacted or adopted in the same bill or joint resolution or 
     proposed or final Federal regulation and that govern the same 
     activity as is affected by the Federal mandate; and

       ``(D) shall be determined on the assumption that State, 
     local, and tribal governments, and the private sector will 
     take all reasonable steps necessary to mitigate the costs 
     resulting from the Federal mandate, and will comply with 
     applicable standards of practice and conduct established by 
     recognized professional or trade associations. Reasonable 
     steps to mitigate the costs shall not include increases in 
     State, local, or tribal taxes or fees.
       ``(5) The term `private sector' means all persons or 
     entities in the United States, except for State, local, or 
     tribal governments, including individuals, partnerships, 
     associations, corporations, and educational and nonprofit 
     institutions.
       ``(6) The term `local government' has the same meaning as 
     in section 6501(6) of title 31, United States Code.
       ``(7) The term `tribal government' means any Indian tribe, 
     band, nation, or other organized group or community, 
     including any Alaska Native village or regional or village 
     corporation as defined in or established pursuant to the 
     Alaska Native Claims Settlement Act (83 Stat. 688; 43 U.S.C. 
     1601 et seq.) which is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their special status as Indians.
       ``(8) The term `small government' means any small 
     governmental jurisdictions defined in section 601(5) of title 
     5, United States Code, and any tribal government.
       ``(9) The term `State' has the same meaning as in section 
     6501(9) of title 31, United State Code.
       ``(10) The term `agency' has the meaning as defined in 
     section 551(1) of title 5, United States Code, but does not 
     include independent regulatory agencies, as defined in 
     section 3502(10) of title 44, United States Code.
       ``(11) The term `regulation' or `rule' has the meaning of 
     `rule' as defined in section 601(2) of title 5, United States 
     Code.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Congressional Budget and 
     Impoundment Control Act of 1974 is amended by adding after 
     the item relating to section 407 the following new item:

``Sec. 408. Legislative mandate accountability and reform.''.
     SEC. 102. ENFORCEMENT IN THE HOUSE OF REPRESENTATIVES.

       (a) Motions to Strike in the Committee of the Whole.--
     Clause 5 of rule XXIII of the Rules of the House of 
     Representatives is amended by adding at the end the 
     following:
       ``(c) In the consideration of any measure for amendment in 
     the Committee of the Whole containing any Federal mandate the 
     direct costs of which exceed the threshold in section 408(c) 
     of the Congressional Budget and Impoundment Control Act of 
     1974, it shall always be in order, unless specifically waived 
     by terms of a rule governing consideration of that measure, 
     to move to strike such Federal mandate from the portion of 
     the bill then open to amendment.''.
       (b) Committee on Rules Reports on Waived Points of Order.--
     The Committee on Rules shall include in the report required 
     by clause 1(d) of rule XI (relating to its activities during 
     the Congress) of the Rules of the House of Representatives a 
     separate item identifying all waivers of points of order 
     relating to Federal mandates, listed by bill or joint 
     resolution number and the subject matter of that measure.
       (c) Determinations.--
       (1) Determination of applicability to pending 
     legislation.--For purposes of the application of this section 
     in the House of Representatives, on questions regarding the 
     [[Page S1120]] applicability of this Act to a pending bill, 
     joint resolution, amendment, motion, or conference report, 
     the Committee on Government Reform and Oversight of the House 
     of Representatives shall have the authority to make the final 
     determination.
       (2) Determinations of federal mandate levels.--For the 
     purposes of the application of this section in the House of 
     Representatives, the levels of Federal mandates for a fiscal 
     year shall be determined based on the estimates made by the 
     Committee on the Budget of the House of Representatives.
     SEC. 103. ASSISTANCE TO COMMITTEES AND STUDIES.

       The Congressional Budget and Impoundment Control Act of 
     1974 is amended--
       (1) in section 202--
       (A) in subsection (c)--
       (i) by redesignating paragraph (2) as paragraph (3); and
       (ii) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) At the request of any committee of the Senate or the 
     House of Representatives, the Office shall, to the extent 
     practicable, consult with and assist such committee in 
     analyzing the budgetary or financial impact of any proposed 
     legislation that may have--
       ``(A) a significant budgetary impact on State, local, or 
     tribal governments; or
       ``(B) a significant financial impact on the private 
     sector.'';
       (B) by amending subsection (h) to read as follows:
       ``(h) Studies.--
       ``(1) Continuing studies.--The Director of the 
     Congressional Budget Office shall conduct continuing studies 
     to enhance comparisons of budget outlays, credit authority, 
     and tax expenditures.
       ``(2) Federal mandate studies.--
       ``(A) At the request of any Chairman or ranking member of 
     the minority of a Committee of the Senate or the House of 
     Representatives, the Director shall, to the extent 
     practicable, conduct a study of a Federal mandate legislative 
     proposal.
       ``(B) In conducting a study on intergovernmental mandates 
     under subparagraph (A), the Director shall--
       ``(i) solicit and consider information or comments from 
     elected officials (including their designated 
     representatives) of State, local, or tribal governments as 
     may provide helpful information or comments;
       ``(ii) consider establishing advisory panels of elected 
     officials or their designated representatives, of State, 
     local, or tribal governments if the Director determines that 
     such advisory panels would be helpful in performing 
     responsibilities of the Director under this section; and
       ``(iii) if, and to the extent that the Director determines 
     that accurate estimates are reasonably feasible, include 
     estimates of--

       ``(I) the future direct cost of the Federal mandate to the 
     extent that such costs significantly differ from or extend 
     beyond the 5-year period after the mandate is first 
     effective; and
       ``(II) any disproportionate budgetary effects of Federal 
     mandates upon particular industries or sectors of the 
     economy, States, regions, and urban or rural or other types 
     of communities, as appropriate.

       ``(C) In conducting a study on private sector mandates 
     under subparagraph (A), the Director shall provide estimates, 
     if and to the extent that the Director determines that such 
     estimates are reasonably feasible, of--
       ``(i) future costs of Federal private sector mandates to 
     the extent that such mandates differ significantly from or 
     extend beyond the 5-year time period referred to in 
     subparagraph (B)(iii)(I);
       ``(ii) any disproportionate financial effects of Federal 
     private sector mandates and of any Federal financial 
     assistance in the bill or joint resolution upon any 
     particular industries or sectors of the economy, States, 
     regions, and urban or rural or other types of communities; 
     and
       ``(iii) the effect of Federal private sector mandates in 
     the bill or joint resolution on the national economy, 
     including the effect on productivity, economic growth, full 
     employment, creation of productive jobs, and international 
     competitiveness of United States goods and services.''; and
       (2) in section 301(d) by adding at the end thereof the 
     following new sentence: ``Any Committee of the House of 
     Representatives or the Senate that anticipates that the 
     committee will consider any proposed legislation 
     establishing, amending, or reauthorizing any Federal program 
     likely to have a significant budgetary impact on any State, 
     local, or tribal government, or likely to have a significant 
     financial impact on the private sector, including any 
     legislative proposal submitted by the executive branch likely 
     to have such a budgetary or financial impact, shall include 
     its views and estimates on that proposal to the Committee on 
     the Budget of the applicable House.''.

     SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the 
     Congressional Budget Office $4,500,000 for each of the fiscal 
     years 1996, 1997, 1998, 1999, 2000, 2001, and 2002 to carry 
     out the provisions of this Act.

     SEC. 105. EXERCISE OF RULEMAKING POWERS.

       The provisions of sections 101, 102, 103, 104, and 107 are 
     enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     they shall be considered as part of the rules of such 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 each House.

     SEC. 106. REPEAL OF CERTAIN ANALYSIS BY CONGRESSIONAL BUDGET 
                   OFFICE.

       (a) In General.--Section 403 of the Congressional Budget 
     Act of 1974 (2 U.S.C. 653) is repealed.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Congressional Budget and 
     Impoundment Control Act of 1974 is amended by striking out 
     the item relating to section 403.

     SEC. 107. EFFECTIVE DATE.

       This title shall take effect on January 1, 1996 and shall 
     apply only to legislation considered on and after such date.
             TITLE II--REGULATORY ACCOUNTABILITY AND REFORM

     SEC. 201. REGULATORY PROCESS.

       (a) In General.--Each agency shall, to the extent permitted 
     in law--
       (1) assess the effects of Federal regulations on State, 
     local, and tribal governments (other than to the extent that 
     such regulations incorporate requirements specifically set 
     forth in legislation), and the private sector including 
     specifically the availability of resources to carry out any 
     Federal intergovernmental mandates in those regulations; and
       (2) seek to minimize those burdens that uniquely or 
     significantly affect such governmental entities, consistent 
     with achieving statutory and regulatory objectives.
       (b) State, Local, and Tribal Government Input.--Each agency 
     shall, to the extent permitted in law, develop an effective 
     process to permit elected officials (or their designated 
     representatives) of State, local, and tribal governments to 
     provide meaningful and timely input in the development of 
     regulatory proposals containing significant Federal 
     intergovernmental mandates. Such a process shall be 
     consistent with all applicable laws, including the provisions 
     of chapters 5, 6, and 7 of title 5, United States Code 
     (commonly referred to as the Administrative Procedure Act).
       (c) Agency Plan.--
       (1) Effects on state, local and tribal governments.--Before 
     establishing any regulatory requirements that might 
     significantly or uniquely affect small governments, agencies 
     shall have developed a plan under which the agency shall--
       (A) provide notice of the contemplated requirements to 
     potentially affected small governments, if any;
       (B) enable officials of affected small governments to 
     provide input under subsection (b); and
       (C) inform, educate, and advise small governments on 
     compliance with the requirements.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to each agency to carry out the provisions 
     of this section, and for no other purpose, such sums as are 
     necessary.

     SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFICANT REGULATORY 
                   ACTIONS.

       (a) In General.--Before promulgating any final rule that 
     includes any Federal intergovernmental mandate that may 
     result in the expenditure by State, local, or tribal 
     governments, and the private sector, in the aggregate, of 
     $100,000,000 or more (adjusted annually for inflation by the 
     Consumer Price Index) in any 1 year, and before promulgating 
     any general notice of proposed rulemaking that is likely to 
     result in promulgation of any such rule, the agency shall 
     prepare a written statement containing--
       (1) estimates by the agency, including the underlying 
     analysis, of the anticipated costs to State, local, and 
     tribal governments and the private sector of complying with 
     the Federal intergovernmental mandate, and of the extent to 
     which such costs may be paid with funds provided by the 
     Federal Government or otherwise paid through Federal 
     financial assistance;
       (2) estimates by the agency, if and to the extent that the 
     agency determines that accurate estimates are reasonably 
     feasible, of--
       (A) the future costs of the Federal intergovernmental 
     mandate; and
       (B) any disproportionate budgetary effects of the Federal 
     intergovernmental mandate upon any particular regions of the 
     Nation or particular State, local, or tribal governments, 
     urban or rural or other types of communities;
       (3) a qualitative, and if possible, a quantitative 
     assessment of costs and benefits anticipated from the Federal 
     intergovernmental mandate (such as the enhancement of health 
     and safety and the protection of the natural environment);
       (4) the effect of the Federal private sector mandate on the 
     national economy, including the effect on productivity, 
     economic growth, full employment, creation of productive 
     jobs, and international competitiveness of United States 
     goods and services; and
       (5)(A) a description of the extent of the agency's prior 
     consultation with elected representatives (or their 
     designated representatives) of the affected State, local, and 
     tribal governments;
       (B) a summary of the comments and concerns that were 
     presented by State, local, or tribal governments either 
     orally or in writing to the agency;
     [[Page S1121]]   (C) a summary of the agency's evaluation of 
     those comments and concerns; and
       (D) the agency's position supporting the need to issue the 
     regulation containing the Federal intergovernmental mandates 
     (considering, among other things, the extent to which costs 
     may or may not be paid with funds provided by the Federal 
     Government).
       (b) Promulgation.--In promulgating a general notice of 
     proposed rulemaking or a final rule for which a statement 
     under subsection (a) is required, the agency shall include in 
     the promulgation a summary of the information contained in 
     the statement.
       (c) Preparation in Conjunction With Other Statement.--Any 
     agency may prepare any statement required under subsection 
     (a) in conjunction with or as a part of any other statement 
     or analysis, provided that the statement or analysis 
     satisfies the provisions of subsection (a).

     SEC. 203. ASSISTANCE TO THE CONGRESSIONAL BUDGET OFFICE.

       The Director of the Office of Management and Budget shall--
       (1) collect from agencies the statements prepared under 
     section 202; and
       (2) periodically forward copies of such statements to the 
     Director of the Congressional Budget Office on a reasonably 
     timely basis after promulgation of the general notice of 
     proposed rulemaking or of the final rule for which the 
     statement was prepared.

     SEC. 204. PILOT PROGRAM ON SMALL GOVERNMENT FLEXIBILITY.

       (a) In General.--The Director of the Office of Management 
     and Budget, in consultation with Federal agencies, shall 
     establish pilot programs in at least 2 agencies to test 
     innovative, and more flexible regulatory approaches that--
       (1) reduce reporting and compliance burdens on small 
     governments; and
       (2) meet overall statutory goals and objectives.
       (b) Program Focus.--The pilot programs shall focus on rules 
     in effect or proposed rules, or a combination thereof.
             TITLE III--REVIEW OF UNFUNDED FEDERAL MANDATES

     SEC. 301. ESTABLISHMENT.

       There is established a commission which shall be known as 
     the ``Commission on Unfunded Federal Mandates'' (in this 
     title referred to as the ``Commission'').

     SEC. 302. REPORT ON UNFUNDED FEDERAL MANDATES BY THE 
                   COMMISSION.

       (a) In General.--The Commission shall in accordance with 
     this section--
       (1) investigate and review the role of unfunded Federal 
     mandates in intergovernmental relations and their impact on 
     State, local, tribal, and Federal government objectives and 
     responsibilities;
       (2) make recommendations to the President and the Congress 
     regarding--
       (A) allowing flexibility for State, local, and tribal 
     governments in complying with specific unfunded Federal 
     mandates for which terms of compliance are unnecessarily 
     rigid or complex;
       (B) reconciling any 2 or more unfunded Federal mandates 
     which impose contradictory or inconsistent requirements;
       (C) terminating unfunded Federal mandates which are 
     duplicative, obsolete, or lacking in practical utility;
       (D) suspending, on a temporary basis, unfunded Federal 
     mandates which are not vital to public health and safety and 
     which compound the fiscal difficulties of State, local, and 
     tribal governments, including recommendations for triggering 
     such suspension;
       (E) consolidating or simplifying unfunded Federal mandates, 
     or the planning or reporting requirements of such mandates, 
     in order to reduce duplication and facilitate compliance by 
     State, local, and tribal governments with those mandates; and
       (F) establishing common Federal definitions or standards to 
     be used by State, local, and tribal governments in complying 
     with unfunded Federal mandates that use different definitions 
     or standards for the same terms or principles; and
       (3) identify in each recommendation made under paragraph 
     (2), to the extent practicable, the specific unfunded Federal 
     mandates to which the recommendation applies.
       (b) Criteria.--
       (1) In general.--The Commission shall establish criteria 
     for making recommendations under subsection (a).
       (2) Issuance of proposed criteria.--The Commission shall 
     issue proposed criteria under this subsection not later than 
     60 days after the date of the enactment of this Act, and 
     thereafter provide a period of 30 days for submission by the 
     public of comments on the proposed criteria.
       (3) Final criteria.--Not later than 45 days after the date 
     of issuance of proposed criteria, the Commission shall--
       (A) consider comments on the proposed criteria received 
     under paragraph (2);
       (B) adopt and incorporate in final criteria any 
     recommendations submitted in those comments that the 
     Commission determines will aid the Commission in carrying out 
     its duties under this section; and
       (C) issue final criteria under this subsection.
       (c) Preliminary Report.--
       (1) In general.--Not later than 9 months after the date of 
     the enactment of this Act, the Commission shall--
       (A) prepare and publish a preliminary report on its 
     activities under this title, including preliminary 
     recommendations pursuant to subsection (a);
       (B) publish in the Federal Register a notice of 
     availability of the preliminary report; and
       (C) provide copies of the preliminary report to the public 
     upon request.
       (2) Public hearings.--The Commission shall hold public 
     hearings on the preliminary recommendations contained in the 
     preliminary report of the Commission under this subsection.
       (d) Final Report.--Not later than 3 months after the date 
     of the publication of the preliminary report under subsection 
     (c), the Commission shall submit to the Congress, including 
     the Committee on Government Reform and Oversight of the House 
     of Representatives and the Committee on Governmental Affairs 
     of the Senate, and to the President a final report on the 
     findings, conclusions, and recommendations of the Commission 
     under this section.

     SEC. 303. MEMBERSHIP.

       (a) Number and Appointment.--The Commission shall be 
     composed of 9 members appointed from individuals who possess 
     extensive leadership experience in and knowledge of State, 
     local, and tribal governments and intergovernmental 
     relations, including State and local elected officials, as 
     follows:
       (1) 3 members appointed by the Speaker of the House of 
     Representatives, in consultation with the minority leader of 
     the House of Representatives.
       (2) 3 members appointed by the majority leader of the 
     Senate, in consultation with the minority leader of the 
     Senate.
       (3) 3 members appointed by the President.
       (b) Waiver of Limitation on Executive Schedule Positions.--
     Appointments may be made under this section without regard to 
     section 5311(b) of title 5, United States Code.
       (c) Terms.--
       (1) In general.--Each member of the Commission shall be 
     appointed for the life of the Commission.
       (2) Vacancies.--A vacancy in the Commission shall be filled 
     in the manner in which the original appointment was made.
       (d) Basic Pay.--
       (1) Rates of pay.--Members of the Commission shall serve 
     without pay.
       (2) Prohibition of compensation of federal employees.--
     Members of the Commission who are full-time officers or 
     employees of the United States may not receive additional 
     pay, allowances, or benefits by reason of their service on 
     the Commission.
       (e) Travel Expenses.--Each member of the Commission shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with sections 5702 and 5703 of 
     title 5, United States Code.
       (f) Chairperson.--The President shall designate a member of 
     the Commission as Chairperson at the time of the appointment 
     of that member.
       (g) Meetings.--
       (1) In general.--Subject to paragraph (2), the Commission 
     shall meet at the call of the Chairperson or a majority of 
     its members.
       (2) First meeting.--The Commission shall convene its first 
     meeting by not later than 45 days after the date of the 
     completion of appointment of the members of the Commission.
       (3) Quorum.--A majority of members of the Commission shall 
     constitute a quorum but a lesser number may hold hearings.

     SEC. 304. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND 
                   CONSULTANTS.

       (a) Director.--The Commission shall have a Director who 
     shall be appointed by the Commission. The Director shall be 
     paid at the rate of basic pay payable for level IV of the 
     Executive Schedule.
       (b) Staff.--With the approval of the Commission, and 
     without regard to section 5311(b) of title 5, United States 
     Code, the Director may appoint and fix the pay of such staff 
     as is sufficient to enable the Commission to carry out its 
     duties.
       (c) Applicability of Certain Civil Service Laws.--The 
     Director and staff of the Commission may be appointed without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and may be 
     paid without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of that title relating to 
     classification and General Schedule pay rates, except that an 
     individual so appointed may not receive pay in excess of the 
     annual rate payable under section 5376 of title 5, United 
     States Code.
       (d) Experts and Consultants.--The Commission may procure 
     temporary and intermittent services of experts or consultants 
     under section 3109(b) of title 5, United States Code.
       (e) Staff of Federal Agencies.--Upon request of the 
     Director, 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 Commission to assist it in 
     carrying out its duties under this title.

     SEC. 305. POWERS OF COMMISSION.

       (a) Hearings and Sessions.--The Commission may, for the 
     purpose of carrying out this title, hold hearings, sit and 
     act at times and places, take testimony, and receive evidence 
     as the Commission considers appropriate.
       (b) Powers of Members and Agents.--Any member or agent of 
     the Commission may, if authorized by the Commission, take any 
     action which the Commission is authorized to take by this 
     section.
       (c) Obtaining Official Data.--The Commission may secure 
     directly from any department or agency of the United States 
     information necessary to enable it to carry out this title, 
     except information--
     [[Page S1122]]   (1) which is specifically exempted from 
     disclosure by law; or
       (2) which that department or agency determines will 
     disclose--
       (A) matters necessary to be kept secret in the interests of 
     national defense or the confidential conduct of the foreign 
     relations of the United States;
       (B) information relating to trade secrets or financial or 
     commercial information pertaining specifically to a given 
     person if the information has been obtained by the Government 
     on a confidential basis, other than through an application by 
     such person for a specific financial or other benefit, and is 
     required to be kept secret in order to prevent undue injury 
     to the competitive position of such person; or
       (C) personnel or medical data or similar data the 
     disclosure of which would constitute a clearly unwarranted 
     invasion of personal privacy;
     unless the portions containing such matters, information, or 
     data have been excised.
     Upon request of the Chairperson of the Commission, the head 
     of that department or agency shall furnish that information 
     to the Commission.
       (d) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (e) Administrative Support Services.--Upon the request of 
     the Commission, the Administrator of General Services shall 
     provide to the Commission, on a reimbursable basis, the 
     administrative support services necessary for the Commission 
     to carry out its duties under this title.
       (f) Contract Authority.--The Commission may, subject to 
     appropriations, contract with and compensate government and 
     private agencies or persons for property and services used to 
     carry out its duties under this title.

     SEC. 306. TERMINATION.

       The Commission shall terminate 90 days after submitting its 
     final report pursuant to section 302(d).

     SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     $1,000,000 to carry out this title.

     SEC. 308. DEFINITION.

       As used in this title, the term ``Federal mandate'' means 
     any provision in statute or regulation that imposes an 
     enforceable duty upon States, local governments, or tribal 
     governments including a condition of Federal assistance or a 
     duty arising from participation in a voluntary Federal 
     program.

     SEC. 309. EFFECTIVE DATE.

       This title shall take effect 60 days after the date of the 
     enactment of this Act.
                       TITLE IV--JUDICIAL REVIEW

     SEC. 401. JUDICIAL REVIEW.

       (a) In General.--Any statement or report prepared under 
     this Act, and any compliance or noncompliance with the 
     provisions of this Act, and any determination concerning the 
     applicability of the provisions of this Act shall not be 
     subject to judicial review.
       (b) Rule of Construction.--No provision of this Act or 
     amendment made by this Act shall be construed to create any 
     right or benefit, substantive or procedural, enforceable by 
     any person in any administrative or judicial action. No 
     ruling or determination made under the provisions of this Act 
     or amendments made by this Act shall be considered by any 
     court in determining the intent of Congress or for any other 
     purpose.
                                 ______


                       BINGAMAN AMENDMENT NO. 138

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted an amendment intended to be proposed by him to 
the bill, S. 1, supra, as follows:

       On page 7, line 13, after ``assistance'' insert ``or a 
     condition of receipt of a Federal license.''
                                 ______


                  DOLE (AND OTHERS) AMENDMENT NO. 139

  Mr. DOLE (for himself, Mr. Byrd, and Mr. Gorton) proposed an 
amendment to amendment No. 31 proposed by Mr. Gorton to the bill, S. 1, 
supra, as follows:

       Strike all after ``SEC.'' and add the following:

     ``.  . NATIONAL HISTORY STANDARDS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, the National Education Goals Panel shall disapprove, and 
     the National Education Standards and Improvement Council 
     shall not certify, any voluntary national content standards, 
     voluntary national student performance standards, and 
     criteria for the certification of such content and student 
     performance standards, regarding the subject of history, that 
     have been developed prior to February 1, 1995.
       ``(b) Prohibition.--No Federal funds shall be awarded to, 
     or expended by, the National Center for History in the 
     Schools, after the date of enactment of this Act, for the 
     development of the voluntary national content standards, the 
     voluntary national student performance standards, and the 
     criteria for the certification of such content and student 
     performance standards, regarding the subject of history.
       ``(c) Sense of the Senate.--It is the sense of the Senate 
     that--
       ``(1) the voluntary national content standards, the 
     voluntary national student performance standards, and the 
     criteria for the certification of such content and student 
     performance standards, regarding the subject of history, that 
     are established under title II of the Goals 2000: Educate 
     America Act should not be based on standards developed by the 
     National Center for History in the Schools; and
       ``(2) if the Department of Education, the National 
     Endowment for the Humanities, or any other Federal agency 
     provides funds for the development of the standards and 
     criteria described in paragraph (1), the recipient of such 
     funds should have a decent respect for United States 
     history's roots in western civilization.''
                                 ______


                        MURRAY AMENDMENT NO. 140

  (Ordered to lie on the table.)
  Mrs. MURRAY submitted an amendment intended to be proposed by her to 
the bill S. 1, supra; as follows:

       At the appropriate place, add the following:
       (  ) The provisions of this Act and the amendments made by 
     this Act also shall not apply to any agreement between the 
     Federal Government and a State, local, or tribal government, 
     or the private sector for the purpose of carrying out 
     environmental restoration or waste management activities of 
     the Department of Defense or the Department of Energy.
                                 ______


                 BRADLEY (AND OTHERS) AMENDMENT NO. 141

  Mr. BRADLEY (for himself, Mr. Chafee, Mr. Dorgan, Mr. Simpson, Mr. 
Robb, Mr. Dole, Mr. Nickles, Mr. Lautenberg, Mr. Kempthorne, and Mr. 
Wellstone) proposed an amendment to amendment No. 31 proposed by Mr. 
Gorton to the bill S. 1, supra; as follows:

       At the end of the pending amendment insert the following:

     SEC. 107. IMPACT ON LOCAL GOVERNMENTS.

       (a) Findings.--The Senate finds that--
       (1) the Congress should be concerned about shifting costs 
     from Federal to State and local authorities and should be 
     equally concerned about the growing tendency of States to 
     shift costs to local governments:
       (2) cost shifting from States to local governments has, in 
     many instances, forced local governments to raise property 
     taxes or curtail sometimes essential services; and
       (3) increases in local property taxes and cuts in essential 
     services threaten the ability of many citizens to attain and 
     maintain the American dream of owning a home in a safe, 
     secure community.
       (b) Sense of the Senate.--it is the sense of the Senate 
     that--
       (1) the Federal Government should not shift certain costs 
     to the State, and States should end the practice of shifting 
     costs to local governments, which forces many local 
     governments to increase property taxes;
       (2) States should end the imposition, in the absence of 
     full consideration by their legislatures, of State issued 
     mandates on local governments without adequate State funding, 
     in a manner that may displace other essential government 
     priorities; and
       (3) one primary objective of this Act and other efforts to 
     change the relationship among Federal, State, and local 
     governments should be to reduce taxes and spending at all 
     levels and to end the practice of shifting costs from one 
     level of government to another with little or no benefit to 
     taxpayers.

     SEC. 108. EFFECTIVE DATE.
                                 ______


                  BOXER (AND OTHERS) AMENDMENT NO. 142

  Mrs. BOXER (for herself, Mrs. Murray, Mr. Feingold, Mr. Kennedy, Mr. 
Campbell, Mr. Simon, Mr. Lautenberg, Mr. Dodd, Mr. Baucus, Mr. Levin, 
Mr. Lieberman, Ms. Moseley-Braun, Mr. Harkin, Mr. Pell, Mr. Inouye, Ms. 
Mikulski, Mrs. Feinstein, Mr. Reid, Mr. Wellstone, Mr. Robb, Mr. Kohl, 
Mr. Bryan, and Mr. Kerry) proposed an amendment to amendment No. 31 
proposed by Mr. Gorton to the bill S. 1, supra; as follows:

       At the end of the amendment add the following:

     ``SEC. 108. SENSE OF THE SENATE CONCERNING PROTECTION OF 
                   REPRODUCTIVE HEALTH CLINICS.

       ``(a) Findings.--Congress finds that--
       ``(1) there are approximately 900 clinics in the United 
     States providing reproductive health services
       ``(2) violence directed at persons seeking to provide 
     reproductive health services continues to increase in the 
     United States, as demonstrated by the recent shootings at two 
     reproductive health clinics in Massachusetts and another 
     health care clinic in Virginia;
       ``(3) organizations monitoring clinic violence have 
     recorded over 130 incidents of violence or harassment 
     directed at reproductive health care clinics and their 
     personnel in 1994 such as death threats, stalking, chemical 
     attacks, bombings and arson;
        [[Page S1123]] ``(4) there has been one attempted murder 
     in Florida and four individuals killed at reproductive health 
     care clinics in Florida and Massachusetts in 1994;
       ``(5) the Congress passed and the President signed the 
     Freedom of Access to Clinic Entrances Act of 1994, a law 
     establishing Federal criminal penalties and civil remedies 
     for certain violent, threatening, obstructive and destructive 
     conduct that is intended to injure, intimidate or interfere 
     with persons seeking to obtain or provide reproductive health 
     services;
       ``(6) violence is not a mode of free speech and should not 
     be condoned as a method of expressing an opinion; and
       ``(7) the President has instructed the Attorney General to 
     order--
       ``(A) the United States Attorneys to create task forces of 
     Federal, State and local law enforcement officials and 
     develop plans to address security for reproductive health 
     care clinics located within their jurisdictions; and
       ``(B) the United States Marshals Service to ensure 
     coordination between clinics and Federal, State and local law 
     enforcement officials regarding potential threats of 
     violence.
       ``(b) Sense of the Senate.--It is the sense of the Senate 
     that the United States Attorney General should fully enforce 
     the law and protect persons seeking to provide or obtain, or 
     assist in providing or obtaining, reproductive health 
     services from violent attack.
       ``(c) Nothing in this resolution shall be construed to 
     prohibit any expressive conduct (including peaceful picketing 
     or other peaceful demonstration) protected from legal 
     prohibition by the First Amendment to the Constitution.''.
                                 ______


                  LEVIN (AND OTHERS) AMENDMENT NO. 143

  Mr. LEVIN (for himself, Mr. Kempthorne, and Mr. Glenn) proposed an 
amendment to the bill S. 1, supra; as follows:

       On page 19, insert between lines 10 and 11 the following 
     new clause:
       ``(iii) If the Director determines that it is not required 
     under clauses (i) and (ii), the Director shall not make the 
     estimate, but shall report in the statement that the 
     reasonable estimate cannot be made and shall include the 
     reasons for that determination in the statement. If such 
     determination is made by the Director, a point of order shall 
     lie only under (c)(1)(A) and as if the requirement of 
     (c)(1)(A) had not been met.
                                 ______


                       BUMPERS AMENDMENT NO. 144

  Mr. BUMPERS proposed an amendment to amendment No. 31 proposed by Mr. 
Gorton to the bill S. 1, supra; as follows:

       In lieu of the matter proposed to be inserted by the 
     pending amendment, insert the following new title:
         TITLE ____--COLLECTION OF STATE AND LOCAL SALES TAXES

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Consumer and Main Street 
     Business Protection Act of 1995''.

     SEC. ____02. FINDINGS.

       The Congress finds that--
       (1) merchandise purchased from out-of-State firms is 
     subject to State and local sales taxes in the same manner as 
     merchandise purchased from in-State firms,
       (2) State and local governments generally are unable to 
     compel out-of-State firms to collect and remit such taxes, 
     and consequently, many out-of-State firms choose not to 
     collect State and local taxes on merchandise delivered across 
     State lines,
       (3) moreover, many out-of-State firms fail to inform their 
     customers that such taxes exist, with some firms even falsely 
     claim that merchandise purchased out-of-State is tax-free, 
     and consequently, many consumers unknowingly incur tax 
     liabilities, including interest and penalty charges,
       (4) Congress has a duty to protect consumers from explicit 
     or implicit misrepresentations of State and local sales tax 
     obligations,
       (5) small businesses, which are compelled to collect State 
     and local sales taxes, are subject to unfair competition when 
     out-of-State firms cannot be compelled to collect and remit 
     such taxes on their sales to residents of the State,
       (6) State and local governments provide a number of 
     resources to out-of-State firms including government services 
     relating to disposal of tons of catalogs, mail delivery, 
     communications, and bank and court systems,
       (7) the inability of State and local governments to require 
     out-of-State firms to collect and remit sales taxes deprives 
     State and local governments of needed revenue and forces such 
     State and local governments to raise taxes on taxpayers, 
     including consumers and small businesses, in such State,
       (8) the Supreme Court ruled in Quill Corporation v. North 
     Dakota, 112 S. Ct. 1904 (1992) that the due process clause of 
     the Constitution does not prohibit a State government from 
     imposing personal jurisdiction and tax obligations on out-of-
     State firms that purposefully solicit sales from residents 
     therein, and that the Congress has the power to authorize 
     State governments to require out-of-State firms to collect 
     State and local sales taxes, and
       (9) as a matter of federalism, the Federal Government has a 
     duty to assist State and local governments in collecting 
     sales taxes on sales from out-of-State firms.

     SEC. ____03. AUTHORITY FOR COLLECTION OF SALES TAX.

       (a) In General.--A State is authorized to require a person 
     who is subject to the personal jurisdiction of the State to 
     collect and remit a State sales tax, a local sales tax, or 
     both, with respect to tangible personal property if--
       (1) the destination of the tangible personal property is in 
     the State,
       (2) during the 1-year period ending on September 30 of the 
     calendar year preceding the calendar year in which the 
     taxable event occurs, the person has gross receipts from 
     sales of such tangible personal property--
       (A) in the United States exceeding $3,000,000, or
       (B) in the State exceeding $100,000, and
       (3) the State, on behalf of its local jurisdictions, 
     collects and administers all local sales taxes imposed 
     pursuant to this title.
       (b) States Must Collect Local Sales Taxes.-- Except as 
     provided in section ____04(d), a State in which both State 
     and local sales taxes are imposed may not require State sales 
     taxes to be collected and remitted under subsection (a) 
     unless the State also requires the local sales taxes to be 
     collected and remitted under subsection (a).
       (c) Aggregation Rules.--All persons that would be treated 
     as a single employer under section 52 (a) or (b) of the 
     Internal Revenue Code of 1986 shall be treated as one person 
     for purposes of subsection (a).
       (d) Destination.--For purposes of subsection (a), the 
     destination of tangible personal property is the State or 
     local jurisdiction which is the final location to which the 
     seller ships or delivers the property, or to which the seller 
     causes the property to be shipped or delivered, regardless of 
     the means of shipment or delivery or the location of the 
     buyer.

     SEC.____04. TREATMENT OF LOCAL SALES TAXES.

       (a) Uniform Local Sales Taxes.--
       (1) In general.--Sales taxes imposed by local jurisdictions 
     of a State shall be deemed to be uniform for purposes of this 
     title and shall be collected under this title in the same 
     manner as State sales taxes if--
       (A) such local sales taxes are imposed at the same rate and 
     on identical transactions in all geographic areas in the 
     State, and
       (B) such local sales taxes imposed on sales by out-of-State 
     persons are collected and administered by the State.
       (2) Application to border jurisdiction tax rates.--A State 
     shall not be treated as failing to meet the requirements of 
     paragraph (1)(A) if, with respect to a local jurisdiction 
     which borders on another State, such State or local 
     jurisdiction--
       (A) either reduces or increases the local sales tax in 
     order to achieve a rate of tax equal to that imposed by the 
     bordering State on identical transactions, or
       (B) exempts from the tax transactions which are exempt from 
     tax in the bordering State.
       (b) Nonuniform Local Sales Taxes.--
       (1) In general.--Except as provided in subsection (d), 
     nonuniform local sales taxes required to be collected 
     pursuant to this title shall be collected under one of the 
     options provided under paragraph (2).
       (2) Election.--For purposes of paragraph (1), any person 
     required under authority of this title to collect nonuniform 
     local sales taxes shall elect to collect either--
       (A) all nonuniform local sales taxes applicable to 
     transactions in the State, or
       (B) a fee (at the rate determined under paragraph (3)) 
     which shall be in lieu of the nonuniform local sales taxes 
     described in subparagraph (A).
     Such election shall require the person to use the method 
     elected for all transactions in the State while the election 
     is in effect.
       (3) Rate of in-lieu fee.--For purposes of paragraph (2)(B), 
     the rate of the in-lieu fee for any calendar year shall be an 
     amount equal to the product of--
       (A) the amount determined by dividing total nonuniform 
     local sales tax revenues collected in the State for the most 
     recently completed State fiscal year for which data is 
     available by total State sales tax revenues for the same 
     year, and
       (B) the State sales tax rate.

     Such amount shall be rounded to the nearest 0.25 percent.
       (4) Nonuniform local sales taxes.--For purposes of this 
     title, nonuniform local sales taxes are local sales taxes 
     which do not meet the requirements of subsection (a).
       (c) Distribution of Local Sales Taxes.--
       (1) In general.--Except as provided in subsection (d), a 
     State shall distribute to local jurisdictions a portion of 
     the amounts collected pursuant to this title determined on 
     the basis of--
       (A) in the case of uniform local sales taxes, the 
     proportion which each local jurisdiction receives of uniform 
     local sales taxes not collected pursuant to this title,
       (B) in the case of in-lieu fees described in subsection 
     (b)(2)(B), the proportion which each local jurisdiction's 
     nonuniform local sales tax receipts bears to the total 
     nonuniform local sales tax receipts in the State, and
       (C) in the case of any nonuniform local sales tax collected 
     pursuant to this title, the geographical location of the 
     transaction on which the tax was imposed.

     The amounts determined under subparagraphs (A) and (B) shall 
     be calculated on the basis of data for the most recently 
     completed 
     [[Page S1124]] State fiscal year for which the data is 
     available.
       (2) Timing.--Amounts described in paragraph (1) (B) or (C) 
     shall be distributed by a State to its local jurisdictions in 
     accordance with State timetables for distributing local sales 
     taxes, but not less frequently than every calendar quarter. 
     Amounts described in paragraph (1)(A) shall be distributed by 
     a State as provided under State law.
       (3) Transition rule.--If, upon the effective date of this 
     title, a State has a State law in effect providing a method 
     for distributing local sales taxes other than the method 
     under this subsection, then this subsection shall not apply 
     to that State until the 91st day following the adjournment 
     sine die of that State's next regular legislative session 
     which convenes after the effective date of this title (or 
     such earlier date as State law may provide). Local sales 
     taxes collected pursuant to this title prior to the 
     application of this subsection shall be distributed as 
     provided by State law.
       (d) Exception Where State Board Collects Taxes.--
     Notwithstanding section ____03(b) and subsections (b) and (c) 
     of this section, if a State had in effect on January 1, 1995, 
     a State law which provides that local sales taxes are 
     collected and remitted by a board of elected States officers, 
     then for any period during which such law continues in 
     effect--
       (1) the State may require the collection and remittance 
     under this title of only the State sales taxes and the 
     uniform portion of local sales taxes, and
       (2) the State may distribute any local sales taxes 
     collected pursuant to this title in accordance with State 
     law.

     SEC.____05. RETURN AND REMITTANCE REQUIREMENTS.

       (a) In General.--A State may not require any person subject 
     to this title--
       (1) to file a return reporting the amount of any tax 
     collected or required to be collected under this title, or to 
     remit the receipts of such tax, more frequently than once 
     with respect to sales in a calendar quarter, or
       (2) to file the initial such return, or to make the initial 
     such remittance, before the 90th day after the person's first 
     taxable transaction under this Act.
       (b) Local Taxes.--The provisions of subsection (a) shall 
     also apply to any person required by a State acting under 
     authority of this title to collect a local sales tax or in-
     lieu fee.

     SEC.____06. NONDISCRIMINATION AND EXEMPTIONS.

       Any State which exercises any authority granted under this 
     title shall allow to all persons subject to this title all 
     exemptions or other exceptions to State and local sales taxes 
     which are allowed to persons located within the State or 
     local jurisdiction.

     SEC.____07. APPLICATION OF STATE LAW.

       (a) Persons Required To Collect State or Local Sales Tax.--
     Any person required by section ____03 to collect a State or 
     local sales tax shall be subject to the laws of such State 
     relating to such sales tax to the extent that such laws are 
     consistent with the limitations contained in this title.
       (b) Limitations.--Except as provided in subsection (a), 
     nothing in this title shall be construed to permit a State--
       (1) to license or regulate any person,
       (2) to require any person to qualify to transact intrastate 
     business, or
       (3) to subject any person to State taxes not related to the 
     sales of tangible personnel property.
       (c) Preemption.--Except as otherwise provided in this 
     title, this title shall not be construed to preempt or limit 
     any power exercised or to be exercised by a State or local 
     jurisdiction under the law of such State or local 
     jurisdiction or under any other Federal law.

     SEC.____08. TOLL-FREE INFORMATION SERVICE.

       A State shall not have power under this title to require 
     any person to collect a State or local sales tax on any sale 
     unless, at the time of such sale, such State has a toll-free 
     telephone service available to provide such person 
     information relating to collection of such State or local 
     sales tax. Such information shall include, at a minimum, all 
     applicable tax rates, return and remittance addresses and 
     deadlines, and penalty and interest information. As part of 
     the service, the State shall also provide all necessary forms 
     and instructions at no cost to any person using the service. 
     The State shall prominently display the toll-free telephone 
     number on all correspondence with any person using the 
     service. This service may be provided jointly with other 
     States.

     SEC.____09. DEFINITIONS.

       For the purposes of this title--
       (1) the term ``compensating use tax'' means a tax imposed 
     on or incident to the use, storage, consumption, 
     distribution, or other use within a State or local 
     jurisdiction or other area of a State, of tangible personal 
     property;
       (2) the term ``local sales tax'' means a sales tax imposed 
     in a local jurisdiction or area of a State and includes, but 
     is not limited to--
       (A) a sales tax or in-lieu fee imposed in a local 
     jurisdiction or area of a State by the State on behalf of 
     such jurisdiction or area, and
       (B) a sales tax imposed by a local jurisdiction or other 
     State-authorized entity pursuant to the authority of State 
     law, local law, or both;
       (3) the term ``person'' means an individual, a trust, 
     estate, partnership, society, association, company (including 
     a limited liability company) or corporation, whether or not 
     acting in a fiduciary or representative capacity, and any 
     combination of the foregoing;
       (4) the term ``sales tax'' means a tax, including a 
     compensating use tax, that is--
       (A) imposed on or incident to the sale, purchase, storage, 
     consumption, distribution, or other use of tangible personal 
     property as may be defined or specified under the laws 
     imposing such tax, and
       (B) measured by the amount of the sales price, cost, charge 
     or other value of or for such property; and
       (5) the term ``State'' means any of the several States of 
     the United States, the District of Columbia, the Commonwealth 
     of Puerto Rico, and any territory or possession of the United 
     States.

     SEC.____ 10. EFFECTIVE DATE.

       This title shall take effect 180 days after the date of the 
     enactment of this Act. In no event shall this title apply to 
     any sale occurring before such effective date.
                                 ______


                    BINGAMAN AMENDMENTS NOS. 145-147

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted three amendments intended to be proposed by 
him to the bill S. 1, supra; as follows:

                           Amendment No. 145

       Insert at an appropriate place:
       ``For purposes of this Act, a condition of receipt of a 
     Federal license shall not be considered a Federal private 
     sector mandate or a Federal intergovernmental mandate.''
                                                                    ____


                           Amendment No. 146

       Insert at an appropriate place:
       ``For purposes of this Act, any law enforcement provision 
     relating to organized crime shall not be considered a Federal 
     private sector mandate or a Federal intergovernmental 
     mandate.''
                                                                    ____


                           Amendment No. 147

       Insert at an appropriate place:
       ``For purposes of this Act, any requirement for a license 
     or permit for the treatment and disposal of nuclear and 
     hazardous waste shall not be considered a Federal private 
     sector mandate or a Federal intergovernmental mandate.''
                                 ______


                        KERRY AMENDMENT NO. 148

  (Ordered to lie on the table.)
  Mr. KERRY submitted an amendment intended to be proposed by him to 
the bill S. 1, supra; as follows:

       In the pending amendment, strike all after the first word 
     and insert the following:
       ``(6) For purposes of paragraph (1)(B), the term `Federal 
     intergovernmental mandates' shall not include a provision in 
     any bill, joint resolution, amendment, motion, or conference 
     report that would apply in the same manner to the activities, 
     facilities, or services of State, local, or tribal 
     governments and the private sector.''
     

                          ____________________