[Congressional Record Volume 141, Number 15 (Wednesday, January 25, 1995)]
[Senate]
[Pages S1485-S1486]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      UNFUNDED MANDATE REFORM ACT

  The PRESIDING OFFICER. The hour of 10:30 having arrived, under 
previous order, the Senate will resume consideration of S. 1.
  The clerk will report the bill.
  The legislative clerk read as follows:

       A 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.

  The Senate resumed consideration of the bill.
       Pending:
       Levin amendment No. 172, to provide that title II, 
     Regulatory Accountability and Reform, shall apply only after 
     January 1, 1996.
       Levin amendment No. 173, to provide for an estimate of the 
     direct cost of a Federal intergovernmental mandate.
       Levin amendment No. 174, to provide that if a committee 
     makes certain determinations, a point of order will not lie.
       Levin amendment No. 175, to provide for Senate hearings on 
     title I, and to sunset title I in the year 2002.
       Levin amendment No. 176, to clarify the scope of the 
     declaration that a mandate is ineffective.
       Levin amendment No. 177, to clarify the use of the term 
     ``direct cost''.
       Graham 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.
       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.
       Wellstone amendment No. 185, to express the sense of the 
     Congress that the Congress shall continue its progress at 
     reducing the annual Federal deficit.
       Wellstone modified amendment No. 186, (to amendment No. 
     185), of a perfecting nature.
       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.
       Murray amendment No. 188, to require time limitations for 
     Congressional Budget Office estimates.
       Graham amendment No. 189, to change the effective date.
       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.
       Bingaman amendment No. 194, to establish an application to 
     provisions relating to or administrated by independent 
     regulatory agencies.
       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.
       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.
       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.
       McCain amendment No. 198, to modify the exemption for 
     matter within the jurisdiction of the Committees on 
     Appropriations.
       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.
       Byrd amendment No. 200, to provide a reporting and review 
     procedure for agencies that receive insufficient funding to 
     carry out a Federal mandate.
       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.
       Boxer amendment No. 202, to provide for the protection of 
     the health of children, pregnant women, and the frail 
     elderly.
       Boxer amendment No. 203, to provide for the deterrence of 
     child pornography, child abuse, and child labor laws.
       Wellstone amendment No. 204, to define the term ``direct 
     savings'' as it relates to Federal mandates.
       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.
       Grassley 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.

[[Page S1486]]

       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.
       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.
       Kempthorne amendment No. 210, to make technical 
     corrections.
       Kempthorne (for Dole) amendment No. 211, to make technical 
     corrections.
       Glenn amendment 212, 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.
       Byrd modified amendment No. 213, to provide a reporting and 
     review procedure for agencies that receive insufficient 
     funding to carry out a Federal mandate.
       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.
       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.
       Byrd amendment No. 217, to exclude the application of a 
     Federal intergovernmental mandate point of order employer-
     related legislation.
       Levin amendment No. 218, in the nature of a substitute.
       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.
       Brown amendment No. 220, to express the sense of the Senate 
     that the appropriate committees should review the 
     implementation of the Act.
       Brown-Hatch amendment No. 221, to limit the restriction on 
     judicial review.
       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.

  Several Senators addressed the Chair.
  The PRESIDING OFFICER. The Senator from North Dakota is recognized.
  Mr. DORGAN. Mr. President, I notice that the managers are not 
present. I know the Senator from Minnesota is present to offer an 
amendment. But since the managers are not present, I ask unanimous 
consent to speak as if in morning business for 20 minutes.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.

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