[Congressional Record Volume 141, Number 24 (Tuesday, February 7, 1995)]
[Extensions of Remarks]
[Page E285]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


   INTRODUCTION OF THE HAYES-BAKER SMALL BUSINESS AMENDMENT TO H.R. 5

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                          HON. JAMES A. HAYES

                              of louisiana

                    in the house of representatives

                       Tuesday, February 7, 1995
  Mr. HAYES. Mr. Speaker, as much as the debate surrounding unfunded 
Federal mandates is grounded in Federal irresponsibility toward State 
and local governments, unfunded mandates also undermine our respect for 
and commitment to the small entrepreneur. 97.6 percent of the 
nongovernmental, nonagricultural businesses in my home State of 
Louisiana employ 99 workers or less. We depend on the small businessman 
to provide jobs for our children and our grandchildren. With unfunded 
mandates already estimated to cost $229 per capita in fiscal year 1995, 
Lousiana's small businessmen and their employees can ill-afford to 
shoulder any additional regulatory burdens.
  It is for these reasons that my Louisiana colleague, Richard Baker, 
and I proposed an amendment to H.R. 5 to ensure that the business 
community is adequately factored into the unfunded mandate equation. 
Our proposal is consistent with the substance and intent of our own 
regulatory and legislative review bill, the Small Business and Private 
Sector Economic Impact Act, H.R. 58.
  This amendment would modify title III of H.R. 5 to require that the 
Director of the Congressional Budget Office [CBO], at the request of 
any standing committee of the House or Senate, consult with and assist 
those committees in analyzing, when practicable, whether legislation 
has a significant employment impact on the private sector. The CBO will 
continue to examine the significant budgetary impact on State, local, 
or tribal governments as well as the significant financial impact on 
the private sector. Given the enormous workload that CBO must shoulder 
to fulfill its current obligations under this bill, our amendment 
necessarily focuses the committees on unfunded mandates specifically 
impacting jobs. At the same time, our amendment allows the committees 
to appropriately prioritize to ensure that the legislative process is 
not bogged down and that the CBO does not study employment issues 
whenever such matters are nongermane or deiminimus.
  President Wilson once characterized our search for direction by 
saying that ``there is much excitement and feverish activity, but 
little concert of thoughtful purpose.'' I believe that his insight 
paints an accurate picture particularly when, as is currently the case, 
the Federal bureaucracy fails to set priorities, places its needs ahead 
of those of the people it is supposed to serve, and when regulators, 
and Members of this body for that matter, propose inane, onerous laws 
and regulations without regard for who ultimately must pay for them. 
Clearly, the people should be made aware of the full effect, good and 
bad, that their Government's actions will have on them. This amendment 
would help prevent the Federal Government from shirking its 
responsibility.


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