[Congressional Record Volume 145, Number 23 (Tuesday, February 9, 1999)]
[House]
[Pages H539-H540]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                                H.R. 350

                        Offered By: Mr. Boehlert

       Amendment No. 1: Page 5, lines 16 and 17, strike 
     ``425(a)(1)'' each place it appears and insert 
     ``425(a)(1)(B)''.
       Page 5, after line 20, insert the following new 
     subparagraphs:
       (A) inserting in paragraph (1) ``intergovernmental'' after 
     ``Federal'';
       (B) inserting in paragraph (1) ``(A)'' before ``any'' and 
     by adding at the end the following new subparagraphs:
       ``(B) any bill or joint resolution that is reported by a 
     committee, unless--
       ``(i) the committee has published a statement of the 
     Director on the direct costs of Federal private sector 
     mandates in accordance with section 423(f) before such 
     consideration, except that this clause shall not apply to any 
     supplemental statement prepared by the Director under section 
     424(d); or
       ``(ii) all debate has been completed under section 
     427(b)(4); and
       ``(C) any amendment, motion, or conference report, unless--
       ``(i) the Director has estimated, in writing, the direct 
     costs of Federal private sector mandates before such 
     consideration; or
       ``(ii) all debate has been completed under section 
     427(b)(4); and''.
       Page 5, line 21, strike ``(A)'' and insert ``(C)'' and on 
     line 24, strike ``(B)'' and insert ``(D)''.
       Page 6, line 2, insert ``, according to the estimate 
     prepared by the Director under section 424(b)(1),'' before 
     ``would''.
       Page 6, line 10, insert ``unless all debate has been 
     completed under section 427(b)(4),'' after ``exceeded''.
       Page 7, line 1, strike ``(A)'' and strike lines 5 through 
     8.
       Page 7, strike lines 9 through 18.
       Page 7, line 19, strike ``(7)'' and insert ``(8)'' and 
     after line 18, insert the following new paragraphs:
       (6) Technical Changes.--(A) The centerheading of section 
     426 of the Congressional Budget Act of 1974 is amended by 
     adding before the period the following: ``REGARDING FEDERAL 
     INTERGOVERNMENTAL MANDATES''.
       (B) Section 426 of the Congressional Budget Act of 1974 is 
     amended by inserting ``regarding Federal intergovernmental 
     mandates'' after ``section 425'' each place it appears.
       (C) The item relating to section 426 in the table of 
     contents set forth in section l(b) of the Congressional 
     Budget and Impoundment Control Act of 1974 is amended by 
     inserting ``regarding Federal intergovernmental mandates'' 
     before the period.
       (7) Federal private sector mandates.--(A) Part B of title 
     IV of the Congressional Budget Act of 1974 is amended by 
     redesignating sections 427 and 428 as sections 428 and 429, 
     respectively, and by inserting after section 426 the 
     following new section:

     ``SEC. 427. PROVISIONS RELATING TO THE HOUSE OF 
                   REPRESENTATIVES REGARDING FEDERAL PRIVATE 
                   SECTOR MANDATES.

       ``(a) Enforcement in the House of Representatives.--It 
     shall not be in order in the House of Representatives to 
     consider a rule or order that waives the application of 
     section 425 regarding Federal private sector mandates. A 
     point of order under this subsection shall be disposed of as 
     if it were a point of order under section 426(a).
       ``(b) Disposition of Points of Order.--
       ``(1) Application to the house of representatives.--This 
     subsection shall apply only to the House of Representatives.
       ``(2) Threshold burden.--In order to be cognizable by the 
     Chair, a point of order under section 425 regarding Federal 
     private sector mandates or subsection (a) of this section 
     must specify the precise legislative language on which it is 
     premised.
       ``(3) Ruling of the chair.--The Chair shall rule on points 
     of order under section 425 regarding Federal private sector 
     mandates or subsection (a) of this section. The Chair shall 
     sustain the point of order only if the Chair determines that 
     the criteria in section 425(a)(1)(B), 425(a)(1)(C), or 
     425(a)(2) have been met. Not more than one point of order 
     with respect to the proposition that is the subject of the 
     point of order shall be recognized by the Chair under section 
     425(a)(1)(B), 425(a)(1)(C), or 425(a)(2) regarding Federal 
     private sector mandates.
       ``(4) Debate and intervening motions.--If the point of 
     order is sustained, the costs and benefits of the measure 
     that is subject to the point of order shall be debatable (in 
     addition to any other debate time provided by the rule 
     providing for consideration of the measure) for 10 minutes by 
     each Member initiating a point of order and for 10 minutes by 
     an opponent on each point of order. Debate shall commence 
     without intervening motion except one that the House adjourn 
     or that the Committee of the Whole rise, as the case may be.
       ``(5) Effect on amendment in order as original text.--The 
     disposition of the point of order under this subsection with 
     respect to a bill or joint resolution shall be considered 
     also to determine the disposition of the point of order under 
     this subsection with respect to an amendment made in order as 
     original text.''.
       (B) Conforming amendment.--The table of contents set forth 
     in section 1(b) of the Congressional Budget and Impoundment 
     Control Act of 1974 is amended by redesignating sections 427 
     and 428 as sections 428 and 429, respectively, and by 
     inserting after the item relating to section 426 the 
     following new item:

``Sec. 427. Provisions relating to the house of representatives 
              regarding federal private sector mandates.''.

       Page 7, line 20, strike ``Section 427'' and insert 
     ``Section 428 (as redesignated)''.
       Page 9, after line 5, add the following new section:

     SEC. 6. CONFORMING AMENDMENT.

       Section 425(b) of the Congressional Budget Act of 1974 is 
     amended by striking ``subsection(a)(2)(B)(iii)'' and 
     inserting ``subsection (a)(3)(B)(iii)''.

                                H.R. 391

                        Offered By: Mr. Kucinich

       Amendment No. 1: Page 3, line 13, strike ``Suspension'' and 
     insert ``Reduction''.

[[Page H540]]

       Page 4, strike line 1 and all that follows through page 6, 
     line 24, and insert the following:
       ``(B) establish a policy or program for eliminating, 
     delaying, and reducing civil fines in appropriate 
     circumstances for first-time violations by small entities (as 
     defined in section 601 of title 5, United States Code) of 
     requirements regarding collection of information. Such policy 
     or program shall take into account--
       ``(i) the nature and seriousness of the violation, 
     including whether the violation was technical or inadvertent, 
     involved willful or criminal conduct, or has caused or 
     threatens to cause harm to--
       ``(I) the health and safety of the public;
       ``(II) consumer, investor, worker, or pension protections; 
     or
       ``(III) the environment;
       ``(ii) whether there has been a demonstration of good faith 
     effort by the small entity to comply with applicable laws, 
     and to remedy the violation within the shortest practicable 
     period of time;
       ``(iii) the previous compliance history of the small 
     entity, including whether the entity, its owner or owners, or 
     its principal officers have been subject to past enforcement 
     actions;
       ``(iv) whether the small entity has obtained a significant 
     economic benefit from the violation; and
       ``(v) any other factors considered relevant by the head of 
     the agency;
       ``(C) not later than 6 months after the date of the 
     enactment of the Small Business Paperwork Reduction Act 
     Amendments of 1999, revise the policies of the agency to 
     implement subparagraph (B); and
       ``(D) not later than 6 months after the date of the 
     enactment of such Act, submit to the Committee on Government 
     Reform of the House of Representatives and the Committee on 
     Governmental Affairs of the Senate a report that describes 
     the policy or program implemented under subparagraph (B).
       ``(2) For purposes of paragraphs (1)(B) through (1)(D), the 
     term `agency' does not include the Internal Revenue 
     Service.''.