[Congressional Record Volume 141, Number 15 (Wednesday, January 25, 1995)]
[Daily Digest]
[Page D85]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                          Wednesday, January 25, 1995 [[Page D83]] 

                              Daily Digest

                                 Senate


Chamber Action
Routine Proceedings, pages S1477-S1555
Measures Introduced: Three bills and four resolutions were introduced, 
as follows: S. 274-276, S.J. Res. 24, S. Res. 72 and 73, and S. Con. 
Res. 4.
  Page S1539
Measures Reported: Reports were made as follows: Reported on Tuesday, 
January 24, 1995: Report to accompany S.J. Res. 1, proposing an 
amendment to the Constitution of the United States to require a 
balanced budget. (S. Rept. No. 104-5)
  Page S1442
  Reported Today: S. Res. 73, authorizing biennial expenditures by 
committees of the Senate. (S. Rept. No. 104-6)
Pages S1539, S1545-49
Measures Passed:
  Expressing Condolences to Japan: By a unanimous vote of 98 yeas (Vote 
No. 46), Senate agreed to S. Res. 72, expressing support for the Nation 
and people of Japan and deepest condolences for the losses suffered as 
the result of the earthquake of January 17, 1995.
  Pages S1531-32
Unfunded mandates: Senate continued consideration of 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, taking action on 
amendments proposed thereto, as follows:
  Pages S1485-86, S1488-95, S1498, S1502-35, S1537-38
Adopted:
  (1) Levin Amendment No. 173, to provide for an estimate of the direct 
cost of a Federal intergovernmental mandate.
Pages S1485, S1502-03, S1518
  (2) Graham Modified Amendment No. 183, to require a mechanism to 
allocate funding in a manner that reflects the direct costs to 
individual State, local, and tribal governments.
Pages S1485, S1518-19
  (3) McCain Amendment No. 198, to modify the exemption for matter 
within the jurisdiction of the Committees on Appropriations.
Pages S1485, S1525
  (4) By a unanimous vote of 99 yeas (Vote No. 45), Grassley Modified 
Amendment No. 207, to express the sense of the Congress that Federal 
agencies should evaluate planned regulations, to provide for the 
consideration of the costs of regulations implementing unfunded Federal 
mandates, and to direct the Director to conduct a study of the 5-year 
estimates of the costs of existing unfunded Federal mandates.
Pages S1485, S1527-31
  (5) Levin Modified Amendment No. 177, to clarify the use of the term 
``direct cost''.
Pages S1485, S1535
Rejected:
  (1) Wellstone Amendment No. 185, to express the sense of the Congress 
that the Congress shall continue its progress at reducing the annual 
Federal deficit. (By 54 yeas to 45 nays (Vote No. 43), Senate tabled 
the amendment.)
Pages S1485, S1488-95
  (2) Wellstone Modified Amendment No. 186 (to Amendment No. 185), of a 
perfecting nature. (The amendment fell when Amendment No. 185, listed 
above, was tabled.)
Pages S1485, S1495
  (3) Boxer Amendment No. 202, to provide for the protection of the 
health of children, pregnant women, and the frail elderly. (By 55 yeas 
to 44 nays (Vote No. 44), Senate tabled the amendment.)
Pages S1485, S1503-18
Pending:
  Levin Amendment No. 172, to provide that title II, Regulatory 
Accountability and Reform, shall apply only after January 1, 1996.
Page S1485
  Levin Amendment No. 174, to provide that if a committee makes certain 
determinations, a point of order will not lie.
Page S1485
  Levin Amendment No. 175, to provide for Senate hearings on title I, 
and to sunset title I in the year 2002.
Page S1485
  Levin Amendment No. 176, to clarify the scope of the declaration that 
a mandate is ineffective.
Page S1485 [[Page D84]] 
  Graham Amendment No. 184, to provide a budget point of order if a 
bill, resolution, or amendment reduces or eliminates funding for duties 
that are the constitutional responsibility of the Federal Government.
Page S1485
  Murray Amendment No. 188, to require time limitations for 
Congressional Budget Office estimates.
Pages S1485, S1520-23
  Graham Amendment No. 189, to change the effective date.
Page S1485
  Harkin Amendment No. 190, to express the sense of the Senate 
regarding the exclusion of Social Security from calculations required 
under a balanced budget amendment to the Constitution.
Page S1485
  Bingaman Amendment No. 194, to establish an application to provisions 
relating to or administrated by independent regulatory agencies.
Page S1485
  Glenn Amendment No. 195, to end the practice of unfunded Federal 
mandates on States and local governments and to ensure the Federal 
Government pays the costs incurred by those governments in complying 
with certain requirements under Federal statutes and regulations.
Page S1485
  Kempthorne Amendment No. 196 (to Amendment No. 190), to express the 
sense of the Senate that any legislation required to implement a 
balanced budget amendment to the U.S. Constitution shall specifically 
prevent Social Security benefits from being reduced or Social Security 
taxes from being increased to meet the balanced budget requirement.
Page S1485
  Glenn Amendment No. 197, to have the point of order lie at only two 
stages: (1) against the bill or joint resolution, as amended, just 
before final passage, and (2) against the bill or joint resolution as 
recommended by conference, if different from the bill or joint 
resolution as passed by the Senate.
Page S1485
  Lautenberg Amendment No. 199, to exclude from the application of the 
Act, provisions limiting known human (Group A) carcinogens defined by 
the Environmental Protection Agency.
Pages S1485, S1532-35
  Byrd Amendment No. 200, to provide a reporting and review procedure 
for agencies that receive insufficient funding to carry out a Federal 
mandate.
Page S1485
  Boxer Amendment No. 201, to provide for unreimbursed costs to States 
due to the imposition of enforceable duties on the States regarding 
illegal immigrants or the Federal Government's failure to fully enforce 
immigration laws.
Page S1485
  A unanimous-consent agreement was reached providing for the 
consideration of Amendment No. 201 on Thursday, January 26.
Pages S1550-51
  Boxer Amendment No. 203, to provide for the deterrence of child 
pornography, child abuse, and child labor laws.
Page S1485
  Wellstone Amendment No. 204, to define the term ``direct savings'' as 
it relates to Federal mandates.
Page S1485
  Wellstone Amendment No. 205, to provide that no point of order shall 
be raised where the appropriation of funds to the Congressional Budget 
Office, in the estimation of the Senate Committee on the Budget, is 
insufficient to allow the Director to reasonably carry out his 
responsibilities under this Act.
Page S1485
  Grassley Amendment No. 208, to require an affirmative vote of three-
fifths of the Members to waive the requirement of a published statement 
on the direct costs of Federal mandates.
Page S1486
  Kempthorne Amendment No. 209, to provide an exemption for legislation 
that reauthorizes appropriations and does not cause a net increase in 
direct costs of mandates to States, local, and tribal governments.
Page S1486
  Kempthorne Amendment No. 210, to make technical corrections.
Page S1486
  Kempthorne (for Dole) Amendment No. 211, to make technical 
corrections.
Page S1486
  Glenn Amendment No. 212, to clarify the baseline for determining the 
direct costs of reauthorized or revised mandates, and to clarify that 
laws and regulations that establish an enforceable duty may be 
considered mandates.
Page S1486
  Byrd Modified Amendment No. 213, to provide a reporting and review 
procedure for agencies that receive insufficient funding to carry out a 
Federal mandate.
Page S1486
  Gramm Amendment No. 215, to require that each conference report that 
includes any Federal mandate, be accompanied by a report by the 
Director of the Congressional Budget Office on the cost of the Federal 
mandate.
Page S1486
  Gramm Amendment No. 216, to require an affirmative vote of three-
fifths of the Members to waive the requirement of a published statement 
on the direct costs of Federal mandates.
Page S1486
  Byrd Modified Amendment No. 217, to exclude the application of a 
Federal intergovernmental mandate point of order to employer-related 
legislation.
Pages S1486, S1503-04
  Levin Amendment No. 218, in the nature of a substitute.
Page S1486
  Levin Amendment No. 219, to establish that estimates required on 
Federal intergovernmental mandates shall be for no more than ten years 
beyond the effective date of the mandate.
Page S1486 [[Page D85]] 
  Brown Amendment No. 220, to express the sense of the Senate that the 
appropriate committees should review the implementation of the Act.
Page S1486
  Brown/Hatch Amendment No. 221, to limit the restriction on judicial 
review.
Page S1486
  Roth Amendment No. 222, to establish the effective date of January 1, 
1996, of Title I, and make it apply to measures reported, amendments 
and motions offered, and conference reports.
Page S1486
Withdrawn:
  Murray Amendment No. 187, to exclude from the application of the Act 
agreements with State, local, and tribal governments and the private 
sector with respect to environmental restoration and waste management 
activities of the Department of Defense and the Department of Energy.
Pages S1485, S1520-23
  A motion was entered to close further debate on the bill and, in 
accordance with the provisions of Rule XXII of the Standing Rules of 
the Senate, a vote on the cloture motion will occur on Friday, January 
27, 1995.
Page S1537
  Senate will continue consideration of the bill and amendments pending 
thereto, on Thursday, January 26.
Appointments:
  Senate Arms Control Observer Group: The Chair, on behalf of the 
Minority Leader, pursuant to S. Res. 105, adopted April 13, 1989, as 
amended by S. Res. 280, adopted October 8, 1994, announced the 
following appointments and designations to the Senate Arms Control 
Observer Group: Senator Byrd as Minority Administrative Co-Chairman and 
Senator Nunn as Co-Chairman for the Minority.
  Page S1536
Messages From the President: Senate received the following message from 
the President of the United States:
  Received on Tuesday, January 24, 1995: Transmitting the State of the 
Union Address; ordered to lie on the table. (PM-4)
Pages S1430-35
Communications:
  Pages S1538-39
Statements on Introduced Bills:
  Pages S1539-42
Additional Cosponsors:
  Pages S1542-43
Authority for Committees:
  Page S1549
Additional Statements:
  Pages S1549-50
Text of S. 273, as Previously Passed:
  Page S1550
Record Votes: Four record votes were taken today. (Total--46).
  Pages S1495, S1518, S1531
Recess: Senate convened at 9:30 a.m., and recessed at 9:04 p.m., until 
9 a.m., on Thursday, January 26, 1995. (For Senate's program, see the 
remarks of the Acting Majority Leader in today's Record on page S1555.)