[Congressional Record Volume 141, Number 13 (Monday, January 23, 1995)]
[Senate]
[Pages S1374-S1384]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMENDMENTS SUBMITTED
______
THE UNFUNDED MANDATE REFORM ACT OF 1995
______
HATFIELD AMENDMENT NO. 181
Mr. HATFIELD proposed an amendment to the bill (S. 1) to curb the
practice of imposing unfunded Federal mandates on States and local
governments; to strengthen the partnership between the Federal
Government and State, local, and tribal governments; to end the
imposition, in the absence of full consideration by Congress, of
Federal mandates on State, local, and tribal governments without
adequate funding, in a manner that may displace other essential
governmental priorities; and to ensure that the Federal Government pays
the costs incurred by those governments in complying with certain
requirements under Federal statutes and regulations, and for other
purposes; as follows:
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;
[[Page S1375]] (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;
(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
[[Page S1376]] 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 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
[[Page S1377]] (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.
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.
______
HOLLINGS AMENDMENT NO. 182
Mr. HOLLINGS proposed an amendment to the bill, S. 1, supra; as
follows:
At the appropriate place, insert the following:
SEC. . SENSE OF THE SENATE CONCERNING CONGRESSIONAL
ENFORCEMENT OF A BALANCED BUDGET
It is the sense of the Senate--
(A) that the Congress should move to eliminate the biggest
unfunded mandate--interest on the national debt, which drives
the increasing federal burden on state and local governments,
and
(B) 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 specific outlay and revenue
changes to achieve a balanced federal budget by the year
2002; and
(2) enforce through the Congressional budget process the
requirement to achieve a balanced federal budget by the year
2002.
______
GRAHAM AMENDMENT NO. 183
Mr. GRAHAM proposed an amendment to the bill S. 1, supra; as follows:
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.
Mr. GRAHAM. Mr. President, I rise today to offer a technical, yet
extremely important, amendment to S. 1. My amendment would require
committees that choose to pay for their public sector legislative
mandates to report as to ``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.''
If the Congress chooses to pay for its mandates, and I believe the
strong presumption should be that it do so, certainly the intent of
this bill would be to have the funding reach those State, local, and
tribal governments that will be impacted by the mandate rather than
allocate funding State, local, and tribal governments through a random
or arbitrary process.
For example, if a mandate is imposed on local school districts, it
would make more sense to ensure the money reaches local school
districts rather than to State education agencies. If a mandate were to
have an impact on State and local government in rural areas, it would
make little sense to allocate the funding to our Nation's cities.
On the other hand, if a mandate were to specifically impact the
cities of our country such as Philadelphia, Seattle, Louisville,
Baltimore, Houston, and New York City, why would funding be allocated
to the State capitals of Harrisburg, Olympia, Frankfort, Annapolis,
Austin, or Albany? To do the latter would undermine the entire purpose
of this bill. While Governors Ridge, Lowry, Jones, Glendening, Bush,
and Pataki might love to receive such a windfall to their State
budgets, the cities could very well receive the mandate but none or
very little of the funding. In fact, to pay for the mandate, the
committee may very well have eliminated a Federal aid program in which
cities are largely the recipient. As a result, the cities could have
Federal funding cut and also receive an unfunded mandate.
In such a case, Congress may have had great intentions in funding the
mandate but fail miserably in actually achieving such a worthy goal.
Mayors, Governors, or whomever receives the hard mandate but phantom
funds will be far angrier at the Congress than they ever were before we
passed this legislation. Certainly such circumstances would undermine
both this bill and our Nation's system of intergovernmental relations.
Mr. President, I am a cosponsor of this legislation and fully intend
to vote in favor of its passage. Some may argue that asking the
committee to review and report how and whether its allocations are made
in a reasonably consistent manner with the expected costs is
unnecessary. They might argue that the various committees will do the
right thing and accurately distribute funding.
[[Page S1378]] Based on the Congress' track record of both unfunded
mandates and outdated formula allocations, more attention needs to
be placed on both areas by Congress. While we have heard over the last
week about problems with unfunded mandates, no attention has occurred
or been placed on how the Federal Government will go about compensating
State, local, and tribal governments. However, as noted before, such
attention is critical and fundamental to the success of this
legislation.
To give you just one example, what if last year's crime bill had a
requirement that all States must implement mandatory drug testing and
treatment of all its imprisoned felons?
If the committee or the Congressional Budget Office were to
anticipate increased numbers of imprisoned felons over a period of time
and therefore increased costs over a period of years, would the funding
allocation reflect the anticipated growth in the individual States? It
not, what would be the impact on the budgets and policy implications
for States that actively attempt to put and keep violent criminals
behind bars and off the streets of this Nation? The law of unintended
consequences would arise. In an attempt to get people off of drugs and
squelch their propensity to commit crimes by mandating drug testing and
treatment, the funding formula could effectively have the contrary
effect for unfairly impacted States.
And finally and most importantly, what if the funding formulas are
arbitrary or fail to allocate funding in a manner reasonably consistent
with expected costs? I offer this specific example because, in last
year's crime bill, the allocation formula for ``Residential Substance
Abuse Treatment for Prisoners'' effectively allocated to some States
substantially more dollars per inmate than to other States. Without
compelling evidence that the former States prison inmates are more drug
addicted or expensive to treat, such a formula makes no sense.
If this were to happen in a circumstance of funding a mandate rather
than a block grant, the impact could be devastating. To have a
partially funded mandate imposed on some States while others receive
several times the funding in comparison to the cost of its mandate
would undermine the intent of this legislation. While funding formulas
for block grants are important and should always strive to be as fair
as possible, it is imperative they be consistent with the
intergovernmental location and scale when funding mandates, if we are
at all concerned with achieving the stated intent of this legislation.
As a result, while my amendment would not require ``fair'' formulas
to be established, it would require the committee to consider and
explain the allocation formulas established to pay for the public
sector unfunded mandates in their committee reports. Due to the
importance of such allocations and need for thorough consideration by
both the committees and Congress, I urge this amendment's adoption.
______
GRAHAM AMENDMENT NO. 184
Mr. GRAHAM proposed an amendment to the bill S. 1, supra; as follows:
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
Mr. GRAHAM. Mr. President, I want to first reaffirm my support for
the objectives to S. 1 and look forward to voting for it on final
passage. Many of my colleagues have discussed at length the financial
impact that mandates have on their individual States or localities. I
would add that mandates tie the hands of or effectively displace the
priorities of political leaders in State and local government. As
Office of Management and Budget Director Alice Rivlin wrote in her book
entitled ``Reviving the American Dream,''
The Federal Government's own weakness has not made it any
less eager to tell States and localities what to do. Indeed,
when its ability to make grants declined, the Federal
Government turned increasingly to mandates as a way of
controlling state and local activity without having to pay
the bill.
Furthermore, unfunded mandates create a situation whereby voters
cannot accurately ascertain where responsibility lies for certain
Government actions. As Rivlin adds,
Mandates add to citizen confusion about who is in charge.
When the Federal Government makes rules for State and local
officials to carry out, whether or not they have the
resources to do so, it is not clear to voters who should be
blamed, either when the regulations are laxly enforced or
when the cost of compliance is high.
As a result, I strongly support this legislation and offer the
following amendment with Senators Mack, Bryan, and Boxer to close an
important loophole in the bill with respect to immigration and its
impact on State and local government.
My amendment would require Congress to recognize and address the cost
shift to State and local governments for any action on the floor that
would delete or preempt the authorization of any Federal reimbursement
program for immigration costs, such as in the Criminal Aliens Federal
Responsibility Act. The amendment does not address funding levels for
such programs in appropriations bills or address past immigration-
related costs absorbed by State and local governments.
However, the amendment would place immigration reimbursement programs
in the same circumstance as Medicaid, the social services block grant,
the Vocational Rehabilitation State Grants Program, child nutrition,
and three other Federal programs. In this bill, if any of these
programs are financially capped or the Federal Government's
responsibility to provide funding to State and local government is
reduced and State and local government lack the authority to amend
their financial or programmatic responsibilities, then such an action
would trigger the definition of an unfunded mandate in the bill.
These are precisely the circumstances relating to immigration
reimbursement programs such as the Criminal Aliens Federal
Responsibility Act. As you will recall, the Criminal Aliens
Federal Responsibility Act was successfully included in the crime bill
last session by a bipartisan group of Senators in an effort to have the
Federal Government address its responsibility for immigration and the
costs imposed on States and localities of incarcerating criminal
aliens.
According to a recent report by the Urban Institute, more than 21,000
criminal illegal immigrants are incarcerated in U.S. prisons at an
annual cost of $471 million. Educating undocumented immigrants is even
more costly. More than 640,000 undocumented children are enrolled in
primary and secondary schools in the United States at a cost of $3.1
billion a year.
In a policy brief from the Governor's office this week on the impact
of unfunded mandates to the State of Florida, it is estimated that
State costs relating to illegal aliens including education, emergency
health care, prosecution and incarceration of criminal aliens and
public infrastructure. In fiscal year 1993 this unfunded mandate cost
the State of Florida $884 million.
An elimination of the authorization of such program would clearly
reduce the Federal Government's responsibility to provide funding to
State and local governments, while those entities have virtually no
authority or ability to amend their financial or programmatic
responsibilities.
In a letter to the Congress last year, the National Governors'
Association wrote,
The Nation's governors have been in strong agreement that
immigration policy must be based on Federal responsibility
and fairness to State and local governments. As you well
know, immigration policy is solely a Federal concern. Yet
Federal law mandates the States to provide emergency health
care and education to undocumented immigrants who reside in
our States. State governments also are forced to pay for the
costs of incarcerating undocumented alien criminals.
Immigration is clearly much more like mandatory or entitlement
programs such as Medicaid than other discretionary programs such as
transportation and housing. State and local governments do not have the
discretion
[[Page S1379]] to amend or restrict their financial obligations for
mandatory or entitlement programs.
In fact, I would argue that the status of unreimbursed Federal
immigration-related costs as an unfunded mandate is actually stronger
than that of programs such as Medicaid because the Federal Government's
plenary role and responsibility for immigration and border control is
unchallenged. In Traus versus Raich, the Supreme Court ruled in 1915
that ``[t]he authority to control immigration--to admit or exclude
aliens--is vested solely in the Federal Government.'' States cannot
make treaties, hire border patrol, establish naturalization policy or
even set much in the way of policy with respect to providing services
to illegal immigrants. Border protection and immigration are clearly
Federal obligations.
The implications of my amendment would be to allow Members of
Congress to raise a point or order against legislation that would
reduce or eliminate the authorization of Federal immigration
reimbursement programs.
For example, if legislation were introduced that imposes a Federal
mandate that the Congressional Budget Office estimates to cost State
and local governments $350 million, the author of the bill could
attempt to offset such costs by eliminating the authorization for the
Criminal Aliens Federal Responsibility Act. Such an action would
effectively pay for a federally imposed Federal mandate by shifting the
full costs and responsibility for incarcerating criminal aliens to
State and local governments. Such a circumstance would certainly run
counter to the intent of S. 1. My amendment would clarify this loophole
and allow a point of order to be raised for creating yet another
unfunded mandate.
As a result, I urge the amendment's adoption.
Mr. MACK. Mr. President, it has consistently been my position that
the Federal Government must assume greater responsibility for the costs
associated with immigration, both legal and illegal. My colleague from
Florida has offered an amendment which recognizes the problem of
immigration costs as an unfunded mandate, and I believe this amendment
is a positive addition to the bill. Absent this amendment, S. 1
categorizes only a select few immigration costs as unfunded mandates
and ignores the myriad other expenses which accrue to the States, such
as education and incarceration costs. These expenses and many others
would not be borne by the States. Only because the Federal Government
has failed to fulfill their duty to enforce our immigration laws is
this amendment necessary. I urge the adoption of the Graham amendment
as an essential step in recognizing the burdens which the Federal
Government's policy of abdication and default has placed upon the backs
of the States.
______
WELLSTONE AMENDMENT NO. 185
Mr. WELLSTONE proposed an amendment to the bill, S. 1, supra; as
follows:
At the appropriate place, insert the following: ( ) it is
the sense of the Congress that the Congress shall continue
its progress at reducing the annual federal deficit and, when
the Congress proposes to the States a balance-budget
amendment, must accompany it with financial information on
its impact on the budget of each of the States.
______
WELLSTONE AMENDMENT NO. 186
Mr. WELLSTONE proposed an amendment to amendment No. 186 proposed by
him to the bill S. 1, supra; as follows:
Strike all after ``( ) It'' and insert the following:
``the sense of the Congress that the Congress should continue
its progress at reducing the annual federal deficit and, when
the Congress proposes to the States a balance-budget
amendment, should accompany it with financial information on
its impact on the budget of each of the States.''
______
MURRAY AMENDMENTS NOS. 187-188
Mrs. MURRAY proposed two amendments to the bill, S. 1, supra; as
follows:
Amendment No. 187
At the appropriate place in the bill, insert 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.
____
Amendment No. 188
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.
``(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.
______
GRAHAM AMENDMENT NO. 189
Mr. GRAHAM proposed an amendment to the bill, S. 1, supra; as
follows:
On page 33, strike lines 10 through 12 and insert the
following:
This title shall take effect on the date of enactment of
this Act, and shall apply to legislation considered on and
after such date.
______
HARKIN AMENDMENT NO. 190
Mr. HARKIN proposed an amendment to the bill, S. 1, supra; as
follows:
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 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 a 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.
______
BINGAMAN AMENDMENT NO. 191
Mr. BINGAMAN proposed an amendment to the bill S. 1, supra; as
follows:
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
[[Page S1380]] 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.
______
BINGAMAN AMENDMENT NO. 192
Mr. BINGAMAN proposed an amendment to the bill S. 1, supra; as
follows:
On page 25, add after line 25, the following new section:
(4) Application to requirements relating to the treatment
and disposal of radioactive waste.--Notwithstanding any
provision of paragraph (c)(1)(B), it shall always be in order
to consider a bill, joint resolution, amendment, or
conference report if such provision relates to a requirement
for the treatment or disposal of--
(A) high-level radioactive waste, low-level radioactive
waste, or spent nuclear fuel (as such terms are defined in
section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101)); or
(B) byproduct material or transuranic waste (as such terms
are defined in section 11 of the Atomic Energy Act of 1954,
(42 U.S.C. 2014)).
______
KOHL AMENDMENT NO. 193
Mr. KOHL proposed an amendment to the bill, S. 1, supra; as follows:
At the end of title I, insert the following:
Nothing in this Act, shall preclude a State, local, or
tribal government that already complies with all or part of
the Federal intergovernmental mandates included in the bill,
joint resolution amendment, motion, or conference report from
consideration for Federal funding 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 mandate.
______
BINGAMAN AMENDMENT NO. 194
Mr. BINGAMAN proposed an amendment to the bill S. 1, supra; as
follows:
On page 25, add after line 25, the following new section:
(4) Application to provisions relating to or administrated
by independent regulatory agencies.--
Notwithstanding any provision of paragraph (c)(1)(B), it
shall always be in order to consider a bill, joint
resolution, amendment, or conference report if such provision
relates to or will be administered by any independent
regulatory agency.
______
GLENN AMENDMENT NO. 195
Mr. GLENN proposed an amendment 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 ``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--
(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
[[Page S1381]] 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 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--
[[Page S1382]] (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 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.--
[[Page S1383]] (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.
______
KEMPTHORNE AMENDMENT NO. 196
Mr. KEMPTHORNE proposed an amendment to the bill S. 1, supra; as
follows:
Strike all after the word ``That'' and insert the
following:
(1) social security is supported by taxes deducted from
workers' earnings and matching deductions from their
employers that are deposited into independent trust funds;
(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) 138,000,000 American workers pay taxes into the social
security system;
(6) social security is currently a self-financed program
that is not contributing to the Federal budget deficit; in
fact, the social security trust funds now 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;
(7) these current reserves will be necessary to pay monthly
benefits for current and future beneficiaries when the annual
surpluses turn to deficits after 2018;
(8) recognizing that social security is currently a self-
financed program, Congress in 1990 established a ``firewall''
to prevent a raid on the social security trust funds;
(9) raiding the social security trust funds would further
undermine confidence in the system among younger workers;
(10) the American people overwhelmingly reject arbitrary
cuts in social security benefits; and
(11) social security beneficiaries throughout the nation
deserve to be reassured that their benefits will not be
subject to cuts and their social security payroll taxes will
not be increased as a result of legislation to implement a
balanced budget amendment to the United States Constitution.
(b) Sense of the Senate.--It is the sense of the Senate
that any legislation required to implement a balanced budget
amendment to the United States Constitution shall
specifically prevent social security benefits from being
reduced or social security taxes from being increased to meet
the balanced budget requirement.
______
GLENN AMENDMENT NO. 197
Mr. GLENN proposed an amendment to the bill, S. 1, supra; as follows:
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, after third reading or at any
other time when no further amendments are in order, 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 or threshold.--(i) It shall not be in
order in the Senate to consider any bill, joint resolution,
amendment, motion, or conference report--
``(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.
[[Page S1384]] ``(ii) The conditions referred to in clause
(i) shall be satisfied if--
Redesignate the clause following accordingly.
______
McCAIN AMENDMENT NO. 198
Mr. McCAIN proposed an amendment to the bill S. 1, supra; as follows:
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
(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.
______
LAUTENBERG AMENDMENT NO. 199
Mr. LAUTENBERG proposed an amendment 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.
____________________