[Congressional Record Volume 141, Number 19 (Tuesday, January 31, 1995)]
[Daily Digest]
[Pages D114-D117]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                        House of Representatives


Chamber Action
Bills Introduced: Seventeen public bills, H.R. 748-764; one private 
bill, H.R. 765; and one resolution, H. Res. 54, were introduced.
  Pages H969-70
Reports Filed: The following reports were filed as follows:
  H. Res. 51, providing for the consideration of H.R. 101, to provide 
for the transfer of a parcel of land to the Taos Pueblo Indians of New 
Mexico (H. Rept. 104-12);
  H. Res. 52, providing for the consideration of H.R. 400, the 
Anaktuvuk Pass Land Exchange and Wilderness Redesignation Act of 1995 
(H. Rept. 104-13); and
  H. Res. 53, providing for a conveyance of lands to certain 
individuals in Butte County, California (H. Rept. 104-14).
Page H954
Speaker Pro Tempore: Read a letter from the Speaker wherein he 
designates Representative Gillmor to act as Speaker pro tempore for 
today.
  Page H891
Recess: House recessed at 10:18 a.m. and reconvened at 11 a.m.
  Page H897
Committee Hearings: House agreed to H. Res. 43, to amend clause 2(g)(3) 
of the House Rule XI to permit committee chairmen to schedule hearings. 
Subsequently, H. Res. 47, the rule providing for the consideration of 
H. Res. 43, was laid on the table.
  Pages H902-06 [[Page D115]] 
  Agreed to the Solomon amendment that provides that, in order to 
schedule a hearing in less than seven days, the chairman of the 
committee must have either the concurrence of the ranking minority 
member of the committee or a majority vote of that committee, with a 
quorum being present for the transaction of business.
Page H906
Unfunded Mandate Reform: House continued consideration of H.R. 5, to 
curb the practice of imposing unfunded Federal mandates on States and 
local governments, to ensure that the Federal Government pays the costs 
incurred by those governments in complying with certain requirements 
under Federal statutes and regulations, and to provide information on 
the cost of Federal mandates in the private sector; but came to no 
resolution thereon. Consideration of amendments will resume on 
Wednesday, February 1.
  Pages H906-54
Agreed To:
  The Schiff amendment, as modified, that deletes language establishing 
a new Commission on Unfunded Federal Mandates; eliminates language 
designating new duties for that Commission; eliminates the $1 million 
that had been authorized for that Commission to perform those duties; 
and requires the review of unfunded State mandates imposed on local 
governments, the private sector, and individuals to be conducted by the 
existing Advisory Commission on Intergovernmental Relations;
Pages H908, H914
  Agreed to the following three amendments to the Schiff amendment, as 
modified:
  The Burton of Indiana amendment that adds language to provide that 
the Advisory Commission on Intergovernmental Relations study the impact 
of unfunded Federal mandates on the private sector;
Page H911
  The Riggs amendment that requires the Advisory Commission to give the 
highest priority to investigating, reviewing, and making 
recommendations regarding unfunded Federal mandates which are subject 
to litigation between the Federal Government and a State, local, or 
tribal government; and
Page H913
  The Traficant amendment that provides that the Commission include in 
its considerations the effects of unfunded mandates on working men and 
women.
Page H914
Agreed To:
  The Waxman amendment that provides that all Federal agencies that 
issue regulations seek the testimony from concerned citizens as well as 
testimony from State and local governments when considering proposed 
new regulations;
Page H915
  The Moran amendment that provides that Federal agencies, in cases 
where their rulemaking record indicates that there are two or more 
methods that could be used to accomplish the objectives of a particular 
regulation containing Federal mandates, choose the option which is 
least costly and burdensome to State, local and tribal governments or 
to the private sector; or publish an explanation with the final 
regulation detailing why that agency chose the more costly method of 
applying the Federal mandate;
Page H917
  The Moran amendment that provides that agencies not currently subject 
to judicial review would not become subject to such review solely as 
the result of their actions to comply with procedural requirements of 
provisions; that judicial review would occur in a single court that has 
jurisdiction over judicial review of the substantive agency action 
involved; that, when administrative remedies have been exhausted and 
judicial review is required, determinations would be governed by rules 
that currently control judicial review of the substantive agency 
action; and that a stay could not be imposed due an alleged violation 
of provisions;
Page H922
  The Pryce amendment that requires the Office of Management and Budget 
to report to Congress annually on compliance by Federal agencies with 
provisions for assessing the costs of mandates in their regulations;
Page H923
  The Allard amendment that provides that before a Federal agency can 
impose an unfunded mandate on the States, it must cite a specific 
Federal statute that allows it to do so;
Page H924
  The Traficant amendment that provides that Federal agency analyses 
regarding significant regulatory actions must include information about 
the effects of any private sector mandates on workers' benefits and 
pensions;
Page H926
  The Portman amendment that provides that congressional committees 
must include in their reports on Federal mandates legislation a 
statement on the degree to which Federal mandates affect the public and 
private sectors; a description of any actions taken by the committee to 
avoid adverse impacts on the competitive balance between the two; and 
the extent to which limiting or eliminating any intergovernmental 
mandates or eliminating any Federal funding provided to cover their 
cost would affect this competitive balance;
Page H933
  The Peterson of Minnesota amendment that lowers the cost threshold at 
which the Congressional Budget Office would be required to prepare a 
detailed cost estimate for legislation containing Federal mandates on 
the private sector;
Page H937
  The Waxman amendment that provides that requirements for a CBO cost 
estimate on intergovernmental mandates contained in legislation could 
be waived if CBO determines that it is infeasible to [[Page D116]] make 
a reasonable estimate for that particular legislation;
Page H940
  The Hayes en bloc amendment that expands the requirements for Federal 
agencies to prepare a detailed analysis of regulations which may result 
in compliance costs of $100 million or more; and that such an analysis 
would have to be prepared for any regulation that may result in the net 
elimination of 10,000 jobs;
Page H942
  The Dreier amendment, as amended by the Moakley amendment, that 
provides for the disposition of points of order made against proposed 
legislation; and requires that the point of order be cited and 
explained specifically as to the language on which that point of order 
is premised; and
Page H943
Rejected:
  The Waxman amendment that sought to require each Federal agency to 
establish a process by which concerned citizens, not just State, local 
and tribal governments, may provide meaningful and timely input in the 
development of regulations containing significant Federal mandates;
Page H916
  The Collins of Illinois amendment that sought to change the effective 
date of the provisions to ten days after enactment, rather than October 
1, 1995, as currently provided (rejected by a recorded vote of 181 ayes 
to 250 noes, Roll No. 73);
Pages H931-32
  The Hall of Ohio amendment that sought to provide that certain low-
income entitlement programs would be considered Federal mandates, 
making legislation reducing their funding subject to a point of order 
as an unfunded mandate, even if those programs are significantly 
changed in the future, such as with the incorporation into a block 
grant as part of any forthcoming welfare reform (rejected by a recorded 
vote of 144 ayes to 289 noes, Roll No. 74);
Pages H935-36
  The Cooley amendment that sought to strike language which exempts 
legislation reauthorizing existing laws from point of order provisions 
so long as that reauthorization does not increase net direct costs to 
State, local, or tribal governments (rejected by a recorded vote of 146 
ayes to 287 noes, Roll No. 75);
Pages H939-40
  The Waxman amendment that sought to specify that proposed legislation 
designed to prevent fraud and abuse, or to increase fiscal 
accountability of State or local programs, shall not be considered as 
imposing unfunded mandates (rejected by a recorded vote of 153 ayes to 
275 noes, Roll No. 76);
Page H941
  The Mink amendment that sought to provide that legislation affecting 
entitlement programs in which States participate voluntarily would not 
be considered as imposing a Federal intergovernmental mandate (rejected 
by a recorded vote of 121 ayes to 310 noes, Roll No. 77);
Page H944
  The Beilenson amendment that provides that appropriations legislation 
be subject to requirements for expanded CBO cost estimates of 
legislation containing Federal mandates.
Page H947
  The Beilenson amendment that sought to strike provisions establishing 
a point of order against consideration of legislation containing 
unfunded intergovernmental mandates so that a point of order would 
apply only to legislation for which the required CBO cost estimate has 
not been published (rejected by a recorded vote of 138 ayes to 291 
noes, Roll No. 78); and
Page H948
  The Moran amendment that sought to change language defining a 
``Federal intergovernmental mandate'' so that it would not include any 
provision which would apply an enforceable mandate equally to the 
public sector and the private sector; and to provide that a point of 
order against congressional consideration of legislation containing 
unfunded mandates could not be invoked in the case of provisions that 
apply equally to the public and private sectors (rejected by a recorded 
vote of 143 ayes to 285 noes, Roll No. 79).
Page H953
Withdrawn:
  The following amendments were offered, but subsequently withdrawn:
  The Manzullo amendment to the Schiff amendment, as modified, that 
would have required the Commission to study the role and impact of 
requirements under the Employee Commute Options provision of the Clean 
Air Act and the National Voter Registration Act (the ``motor voter'' 
law); and to issue recommendations regarding those provisions;
Page H914
  The Oxley amendment that would have changed provisions of the Great 
Lakes Water Quality Act so that States in the Great Lakes system would 
not be required to adopt water quality programs which are identical or 
similar to the Environmental Protection Agency's proposed Great Lakes 
water quality guidelines, but only to ``take into account'' EPA 
guidance;
Page H925
  The Roemer amendment that would have provided that provisions should 
not apply to any Federal statute or Federal regulation that pertains to 
the immunization of children against vaccine-preventable diseases; and
Page H938
  The Skaggs amendment that would have deleted provisions which exempt 
legislation reauthorizing existing law and provided that all existing 
laws would always be subject to the point of order provisions during 
reauthorization.
Page H938
Committees on Sit: It was made in order that the following committees 
and their subcommittees be permitted to sit on Wednesday, February 1, 
during the proceedings of the House under the five-minute 
[[Page D117]] rule: Agriculture, Economic and Educational 
Opportunities, Transportation and Infrastructure, Judiciary, Science, 
Resources, Commerce, and International Relations.
  Page H954
Amendments Ordered Printed: Amendments ordered printed pursuant to the 
rule appear on pages H970-73.
Quorum Calls--Votes: Seven recorded votes developed during the 
proceedings of the House today and appear on pages H931-32, H935-36, 
H939-40, H941, H944, H948, and H953. There were no quorum calls.
Adjournment: Met at 9:30 a.m. and adjourned at 9:35 p.m.