[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                  S. 1

_______________________________________________________________________

                                 AN ACT


 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unfunded Mandate Reform Act of 
1995''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to strengthen the partnership between the Federal 
        Government and State, local, and tribal governments;
            (2) to end the imposition, in the absence of full 
        consideration by Congress, of Federal mandates on State, local, 
        and tribal governments without adequate Federal funding, in a 
        manner that may displace other essential State, local, and 
        tribal governmental priorities;
            (3) to assist Congress in its consideration of proposed 
        legislation establishing or revising Federal programs 
        containing Federal mandates affecting State, local, and tribal 
        governments, and the private sector by--
                    (A) providing for the development of information 
                about the nature and size of mandates in proposed 
                legislation; and
                    (B) establishing a mechanism to bring such 
                information to the attention of the Senate and the 
                House of Representatives before the Senate and the 
                House of Representatives vote on proposed legislation;
            (4) to promote informed and deliberate decisions by 
        Congress on the appropriateness of Federal mandates in any 
        particular instance;
            (5) to require that Congress consider whether to provide 
        funding to assist State, local, and tribal governments in 
        complying with Federal mandates, to require analyses of the 
        impact of private sector mandates, and through the 
        dissemination of that information provide informed and 
        deliberate decisions by Congress and Federal agencies and 
        retain competitive balance between the public and private 
        sectors;
            (6) to establish a point-of-order vote on the consideration 
        in the Senate and House of Representatives of legislation 
        containing significant Federal mandates; and
            (7) to assist Federal agencies in their consideration of 
        proposed regulations affecting State, local, and tribal 
        governments, by--
                    (A) requiring that Federal agencies develop a 
                process to enable the elected and other officials of 
                State, local, and tribal governments to provide input 
                when Federal agencies are developing regulations; and
                    (B) requiring that Federal agencies prepare and 
                consider better estimates of the budgetary impact of 
                regulations containing Federal mandates upon State, 
                local, and tribal governments before adopting such 
                regulations, and ensuring that small governments are 
                given special consideration in that process.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the terms defined under section 408(h) of the 
        Congressional Budget and Impoundment Control Act of 1974 (as 
        added by section 101 of this Act) shall have the meanings as so 
        defined; and
            (2) the term ``Director'' means the Director of the 
        Congressional Budget Office.

SEC. 4. EXCLUSIONS.

    This Act shall not apply to any provision in a bill, joint 
resolution, amendment, motion, or conference report before Congress and 
any provision in a proposed or final Federal regulation that--
            (1) enforces constitutional rights of individuals;
            (2) establishes or enforces any statutory rights that 
        prohibit discrimination on the basis of race, color, religion, 
        sex, national origin, age, handicap, or disability;
            (3) requires compliance with accounting and auditing 
        procedures with respect to grants or other money or property 
        provided by the United States Government;
            (4) provides for emergency assistance or relief at the 
        request of any State, local, or tribal government or any 
        official of a State, local, or tribal government;
            (5) is necessary for the national security or the 
        ratification or implementation of international treaty 
        obligations; or
            (6) the President designates as emergency legislation and 
        that the Congress so designates in statute.

SEC. 5. AGENCY ASSISTANCE.

    Each agency shall provide to the Director such information and 
assistance as the Director may reasonably request to assist the 
Director in carrying out this Act.

             TITLE I--LEGISLATIVE ACCOUNTABILITY AND REFORM

SEC. 101. LEGISLATIVE MANDATE ACCOUNTABILITY AND REFORM .

    (a) In General.--Title IV of the Congressional Budget and 
Impoundment Control Act of 1974 is amended by adding at the end thereof 
the following new section:

``SEC. 408. LEGISLATIVE MANDATE ACCOUNTABILITY AND REFORM .

    ``(a) Duties of Congressional Committees.--
            ``(1) In general.--When a committee of authorization of the 
        Senate or the House of Representatives reports a bill or joint 
        resolution of public character that includes any Federal 
        mandate, the report of the committee accompanying the bill or 
        joint resolution shall contain the information required by 
        paragraphs (3) and (4).
            ``(2) Submission of bills to the director.--When a 
        committee of authorization of the Senate or the House of 
        Representatives orders reported a bill or joint resolution of a 
        public character, the committee shall promptly provide the bill 
        or joint resolution to the Director of the Congressional Budget 
        Office and shall identify to the Director any Federal mandates 
        contained in the bill or resolution.
            ``(3) Reports on federal mandates.--Each report described 
        under paragraph (1) shall contain--
                    ``(A) an identification and description of any 
                Federal mandates in the bill or joint resolution, 
                including the direct costs to State, local, and tribal 
                governments, and to the private sector, required to 
                comply with the Federal mandates;
                    ``(B) a qualitative, and if practicable, a 
                quantitative assessment of costs and benefits 
                anticipated from the Federal mandates (including the 
                effects on health and safety and the protection of the 
                natural environment); and
                    ``(C) a statement of the degree to which a Federal 
                mandate affects both the public and private sectors and 
                the extent to which Federal payment of public sector 
                costs or the modification or termination of the Federal 
                mandate as provided under subsection (c)(1)(B) would 
                affect the competitive balance between State, local, or 
                tribal governments and privately owned businesses 
                including a description of the actions, if any, taken 
                by the committee to avoid any adverse impact on the 
                private sector or the competitive balance between the 
                public sector and the private sector.
            ``(4) Intergovernmental mandates.--If any of the Federal 
        mandates in the bill or joint resolution are Federal 
        intergovernmental mandates, the report required under paragraph 
        (1) shall also contain--
                    ``(A)(i) a statement of the amount, if any, of 
                increase or decrease in authorization of appropriations 
                under existing Federal financial assistance programs, 
                or of authorization of appropriations for new Federal 
                financial assistance, provided by the bill or joint 
                resolution and usable for activities of State, local, 
                or tribal governments subject to the Federal 
                intergovernmental mandates;
                    ``(ii) a statement of whether the committee intends 
                that the Federal intergovernmental mandates be partly 
                or entirely unfunded, and if so, the reasons for that 
                intention; and
                    ``(iii) if funded in whole or in part, a statement 
                of whether and how the committee has created a 
                mechanism to allocate the funding in a manner that is 
                reasonably consistent with the expected direct costs 
                among and between the respective levels of State, 
                local, and tribal government; and
                    ``(B) any existing sources of Federal assistance in 
                addition to those identified in subparagraph (A) that 
                may assist State, local, and tribal governments in 
                meeting the direct costs of the Federal 
                intergovernmental mandates.
            ``(5) Preemption clarification and information.--When a 
        committee of authorization of the Senate or the House of 
        Representatives reports a bill or joint resolution of public 
        character, the committee report accompanying the bill or joint 
        resolution shall contain, if relevant to the bill or joint 
        resolution, an explicit statement on the extent to which the 
        bill or joint resolution preempts any State, local, or tribal 
        law, and, if so, an explanation of the reasons for such 
        preemption.
            ``(6) Publication of statement from the director.--
                    ``(A) Upon receiving a statement (including any 
                supplemental statement) from the Director under 
                subsection (b), a committee of the Senate or the House 
                of Representatives shall publish the statement in the 
                committee report accompanying the bill or joint 
                resolution to which the statement relates if the 
                statement is available at the time the report is 
                printed.
                    ``(B) If the statement is not published in the 
                report, or if the bill or joint resolution to which the 
                statement relates is expected to be considered by the 
                Senate or the House of Representatives before the 
                report is published, the committee shall cause the 
                statement, or a summary thereof, to be published in the 
                Congressional Record in advance of floor consideration 
                of the bill or joint resolution.
    ``(b) Duties of the Director; Statements on Bills and Joint 
Resolutions Other Than Appropriations Bills and Joint Resolutions.--
            ``(1) Federal intergovernmental mandates in reported bills 
        and resolutions.--For each bill or joint resolution of a public 
        character reported by any committee of authorization of the 
        Senate or the House of Representatives, the Director of the 
        Congressional Budget Office shall prepare and submit to the 
        committee a statement as follows:
                    ``(A) If the Director estimates that the direct 
                cost of all Federal intergovernmental mandates in the 
                bill or joint resolution will equal or exceed 
                $50,000,000 (adjusted annually for inflation) in the 
                fiscal year in which any Federal intergovernmental 
                mandate in the bill or joint resolution (or in any 
                necessary implementing regulation) would first be 
                effective or in any of the 4 fiscal years following 
                such fiscal year, the Director shall so state, specify 
                the estimate, and briefly explain the basis of the 
                estimate.
                    ``(B) The estimate required under subparagraph (A) 
                shall include estimates (and brief explanations of the 
                basis of the estimates) of--
                            ``(i) the total amount of direct cost of 
                        complying with the Federal intergovernmental 
                        mandates in the bill or joint resolution, but 
                        no more than 10 years beyond the effective date 
                        of the mandate; and
                            ``(ii) the amount, if any, of increase in 
                        authorization of appropriations under existing 
                        Federal financial assistance programs, or of 
                        authorization of appropriations for new Federal 
                        financial assistance, provided by the bill or 
                        joint resolution and usable by State, local, or 
                        tribal governments for activities subject to 
                        the Federal intergovernmental mandates.
                    ``(C) If the Director determines that it is not 
                feasible to make a reasonable estimate that would be 
                required under subparagraphs (A) and (B), the Director 
                shall not make the estimate, but shall report in the 
                statement that the reasonable estimate cannot be made 
                and shall include the reasons for that determination in 
                the statement. If such determination is made by the 
                Director, a point of order shall lie only under 
                subsection (c)(1)(A) and as if the requirement of 
                subsection (c)(1)(A) had not been met.
            ``(2) Federal private sector mandates in reported bills and 
        joint resolutions.--For each bill or joint resolution of a 
        public character reported by any committee of authorization of 
        the Senate or the House of Representatives, the Director of the 
        Congressional Budget Office shall prepare and submit to the 
        committee a statement as follows:
                    ``(A) If the Director estimates that the direct 
                cost of all Federal private sector mandates in the bill 
                or joint resolution will equal or exceed $200,000,000 
                (adjusted annually for inflation) in the fiscal year in 
                which any Federal private sector mandate in the bill or 
                joint resolution (or in any necessary implementing 
                regulation) would first be effective or in any of the 4 
                fiscal years following such fiscal year, the Director 
                shall so state, specify the estimate, and briefly 
                explain the basis of the estimate.
                    ``(B) Estimates required under this paragraph shall 
                include estimates (and a brief explanation of the basis 
                of the estimates) of--
                            ``(i) the total amount of direct costs of 
                        complying with the Federal private sector 
                        mandates in the bill or joint resolution, but 
                        no more than 10 years beyond the effective date 
                        of the mandate; and
                            ``(ii) the amount, if any, of increase in 
                        authorization of appropriations under existing 
                        Federal financial assistance programs, or of 
                        authorization of appropriations for new Federal 
                        financial assistance, provided by the bill or 
                        joint resolution usable by the private sector 
                        for the activities subject to the Federal 
                        private sector mandates.
                    ``(C) If the Director determines that it is not 
                feasible to make a reasonable estimate that would be 
                required under subparagraphs (A) and (B), the Director 
                shall not make the estimate, but shall report in the 
                statement that the reasonable estimate cannot be made 
                and shall include the reasons for that determination in 
                the statement.
            ``(3) Legislation falling below the direct costs 
        thresholds.--If the Director estimates that the direct costs of 
        a Federal mandate will not equal or exceed the thresholds 
        specified in paragraphs (1) and (2), the Director shall so 
        state and shall briefly explain the basis of the estimate.
                    ``(4) Amended bills and joint resolutions; 
                conference reports.--If a bill or joint resolution is 
                passed in an amended form (including if passed by one 
                House as an amendment in the nature of a substitute for 
                the text of a bill or joint resolution from the other 
                House) or is reported by a committee of conference in 
                amended form, and the amended form contains a Federal 
                mandate not previously considered by either House or 
                which contains an increase in the direct cost of a 
                previously considered Federal mandate, then the 
                committee of conference shall ensure, to the greatest 
                extent practicable, that the Director shall prepare a 
                statement as provided in this paragraph or a 
                supplemental statement for the bill or joint resolution 
                in that amended form.
    ``(c) Legislation Subject to Point of Order in the Senate.--
            ``(1) In general.--It shall not be in order in the Senate 
        to consider--
                    ``(A) any bill or joint resolution that is reported 
                by a committee unless the committee has published a 
                statement of the Director on the direct costs of 
                Federal mandates in accordance with subsection (a)(6) 
                before such consideration; and
                    ``(B) any bill, joint resolution, amendment, 
                motion, or conference report that would increase the 
                direct costs of Federal intergovernmental mandates by 
                an amount that causes the thresholds specified in 
                subsection (b)(1)(A) to be exceeded, unless--
                            ``(i) the bill, joint resolution, 
                        amendment, motion, or conference report 
                        provides direct spending authority for each 
                        fiscal year for the Federal intergovernmental 
                        mandates included in the bill, joint 
                        resolution, amendment, motion, or conference 
                        report in an amount that is equal to the direct 
                        costs of such mandate;
                            ``(ii) the bill, joint resolution, 
                        amendment, motion, or conference report 
                        provides an increase in receipts and an 
                        increase in direct spending authority for each 
                        fiscal year for the Federal intergovernmental 
                        mandates included in the bill, joint 
                        resolution, amendment, motion, or conference 
                        report in an amount equal to the direct costs 
                        of such mandate; or
                            ``(iii) the bill, joint resolution, 
                        amendment, motion, or conference report 
                        includes an authorization for appropriations in 
                        an amount equal to the direct costs of such 
                        mandate, and--
                                    ``(I) identifies a specific dollar 
                                amount of the direct costs of the 
                                mandate for each year or other period 
                                up to 10 years during which the mandate 
                                shall be in effect under the bill, 
                                joint resolution, amendment, motion or 
                                conference report, and such estimate is 
                                consistent with the estimate determined 
                                under paragraph (5) for each fiscal 
                                year; and
                                    ``(II) identifies any appropriation 
                                bill that is expected to provide for 
                                Federal funding of the direct cost 
                                referred to under subclause (III);
                                    ``(III)(aa) provides that if for 
                                any fiscal year the responsible Federal 
                                agency determines that there are 
                                insufficient appropriations to provide 
                                for the estimated direct costs of the 
                                mandate, the Federal agency shall (not 
                                later than 30 days after the beginning 
                                of the fiscal year) notify the 
                                appropriate authorizing committees of 
                                Congress of the determination and 
                                submit either--
                                            ``(1) a statement that the 
                                        agency has determined, based on 
                                        a re-estimate of the direct 
                                        costs of a mandate, after 
                                        consultation with State, local, 
                                        and tribal governments, that 
                                        the amount appropriated is 
                                        sufficient to pay for the 
                                        direct costs of the mandate; or
                                            ``(2) legislative 
                                        recommendations for either 
                                        implementing a less costly 
                                        mandate or making the mandate 
                                        ineffective for the fiscal 
                                        year;
                                    ``(bb) provides expedited 
                                procedures for the consideration of the 
                                statement or legislative 
                                recommendations referred to in item 
                                (aa) by Congress not later than 30 days 
                                after the statement or recommendations 
                                are submitted to Congress; and
                                    ``(cc) provides that the mandate 
                                shall--
                                            ``(1) in the case of a 
                                        statement referred to in item 
                                        (aa)(1), cease to be effective 
                                        60 days after the statement is 
                                        submitted unless Congress has 
                                        approved the agency's 
                                        determination by joint 
                                        resolution during the 60-day 
                                        period;
                                            ``(2) cease to be effective 
                                        60 days after the date the 
                                        legislative recommendations of 
                                        the responsible Federal agency 
                                        are submitted to Congress under 
                                        item (aa)(2) unless Congress 
                                        provides otherwise by law; or
                                            ``(3) in the case of a 
                                        mandate that has not yet taken 
                                        effect, continue not to be 
                                        effective unless Congress 
                                        provides otherwise by law.
            ``(2) Rule of construction.--The provisions of paragraph 
        (1)(B)(III) shall not be construed to prohibit or otherwise 
        restrict a State, local, or tribal government from voluntarily 
        electing to remain subject to the original Federal 
        intergovernmental mandate, complying with the programmatic or 
        financial responsibilities of the original Federal 
        intergovernmental mandate and providing the funding necessary 
        consistent with the costs of Federal agency assistance, 
        monitoring, and enforcement.
            ``(3) Committee on appropriations.--(A) Paragraph (1)--
                    ``(i) shall not apply to any bill or resolution 
                reported by the Committee on Appropriations of the 
                Senate or the House of Representatives; but
                    ``(ii) shall apply to--
                            ``(I) any legislative provision increasing 
                        direct costs of a Federal intergovernmental 
                        mandate contained in any bill or resolution 
                        reported by such Committee;
                            ``(II) any legislative provision increasing 
                        direct costs of a Federal intergovernmental 
                        mandate contained in any amendment offered to a 
                        bill or resolution reported by such Committee;
                            ``(III) any legislative provision 
                        increasing direct costs of a Federal 
                        intergovernmental mandate in a conference 
                        report accompanying a bill or resolution 
                        reported by such Committee; and
                            ``(IV) any legislative provision increasing 
                        direct costs of a Federal intergovernmental 
                        mandate contained in any amendments in 
                        disagreement between the two Houses to any bill 
                        or resolution reported by such Committee.
            ``(B) Upon a point of order being made by any Senator 
        against any provision listed in subparagraph (A)(ii), and the 
        point of order being sustained by the Chair, such specific 
        provision shall be deemed stricken from the bill, resolution, 
        amendment, amendment in disagreement, or conference report and 
        may not be offered as an amendment from the floor.
            ``(4) Determinations of applicability to pending 
        legislation.--For purposes of this subsection, in the Senate, 
        the presiding officer of the Senate shall consult with the 
        Committee on Governmental Affairs, to the extent practicable, 
        on questions concerning the applicability of this section to a 
        pending bill, joint resolution, amendment, motion, or 
        conference report.
            ``(5) Determinations of federal mandate levels.--For 
        purposes of this subsection, in the Senate, the levels of 
        Federal mandates for a fiscal year shall be determined based on 
        the estimates made by the Committee on the Budget.
    ``(d) 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 subsection (c) to a bill or joint 
resolution reported by a committee of authorization.
    ``(e) Requests From Senators.--At the written request of a Senator, 
the Director shall, to the extent practicable, prepare an estimate of 
the direct costs of a Federal intergovernmental mandate contained in a 
bill, joint resolution, amendment, or motion of such Senator.
    ``(f) Clarification of Application.--(1) This section applies to 
any bill, joint resolution, amendment, motion, or conference report 
that reauthorizes appropriations, or that amends existing 
authorizations of appropriations, to carry out any statute, or that 
otherwise amends any statute, only if enactment of the bill, joint 
resolution, amendment, motion, or conference report--
            ``(A) would result in a net reduction in or elimination of 
        authorization of appropriations for Federal financial 
        assistance that would be provided to State, local, or tribal 
        governments for use for the purpose of complying with any 
        Federal intergovernmental mandate, or to the private sector for 
        use to comply with any Federal private sector mandate, and 
        would not eliminate or reduce duties established by the Federal 
        mandate by a corresponding amount; or
            ``(B) would result in a net increase in the aggregate 
        amount of direct costs of Federal intergovernmental mandates or 
        Federal private sector mandates otherwise than as described in 
        subparagraph (A).
    ``(2)(A) For purposes of this section, the direct cost of the 
Federal mandates in a bill, joint resolution, amendment, motion, or 
conference report that reauthorizes appropriations, or that amends 
existing authorizations of appropriations, to carry out a statute, or 
that otherwise amends any statute, means the net increase, resulting 
from enactment of the bill, joint resolution, amendment, motion, or 
conference report, in the amount described under subparagraph (B)(i) 
over the amount described under subparagraph (B)(ii).
    ``(B) The amounts referred to under subparagraph (A) are--
            ``(i) the aggregate amount of direct costs of Federal 
        mandates that would result under the statute if the bill, joint 
        resolution, amendment, motion, or conference report is enacted; 
        and
            ``(ii) the aggregate amount of direct costs of Federal 
        mandates that would result under the statute if the bill, joint 
        resolution, amendment, motion, or conference report were not 
        enacted.
    ``(C) For purposes of this paragraph, in the case of legislation to 
extend authorization of appropriations, the authorization level that 
would be provided by the extension shall be compared to the 
auhorization level for the last year in which authorization of 
appropriations is already provided.
    ``(g) Exclusions.--This section shall not apply to any provision in 
a bill, joint resolution, amendment, motion, or conference report 
before Congress that--
            ``(1) enforces constitutional rights of individuals;
            ``(2) establishes or enforces any statutory rights that 
        prohibit discrimination on the basis of race, color, religion, 
        sex, national origin, age, handicap, or disability;
            ``(3) requires compliance with accounting and auditing 
        procedures with respect to grants or other money or property 
        provided by the United States Government;
            ``(4) provides for emergency assistance or relief at the 
        request of any State, local, or tribal government or any 
        official of a State, local, or tribal government;
            ``(5) is necessary for the national security or the 
        ratification or implementation of international treaty 
        obligations; or
            ``(6) the President designates as emergency legislation and 
        that the Congress so designates in statute.
    ``(h) Definitions.--For purposes of this section:
            ``(1) The term `Federal intergovernmental mandate' means--
                    ``(A) any provision in legislation, statute, or 
                regulation that--
                            ``(i) would impose an enforceable duty upon 
                        State, local, or tribal governments, except--
                                    ``(I) a condition of Federal 
                                assistance; or
                                    ``(II) a duty arising from 
                                participation in a voluntary Federal 
                                program, except as provided in 
                                subparagraph (B)); or
                            ``(ii) would reduce or eliminate the amount 
                        of authorization of appropriations for--
                                    ``(I) Federal financial assistance 
                                that would be provided to State, local, 
                                or tribal governments for the purpose 
                                of complying with any such previously 
                                imposed duty unless such duty is 
                                reduced or eliminated by a 
                                corresponding amount; or
                                    ``(II) the control of borders by 
                                the Federal Government; or 
                                reimbursement to State, local, or 
                                tribal governments for the net cost 
                                associated with illegal, deportable, 
                                and excludable aliens, including court-
                                mandated expenses related to emergency 
                                health care, education or criminal 
                                justice; when such a reduction or 
                                elimination would result in increased 
                                net costs to State, local, or tribal 
                                governments in providing education or 
                                emergency health care to, or 
                                incarceration of, illegal aliens; 
                                except that this subclause shall not be 
                                in effect with respect to a State, 
                                local, or tribal government, to the 
                                extent that such government has not 
                                fully cooperated in the efforts of the 
                                Federal Government to locate, 
                                apprehend, and deport illegal aliens;
                    ``(B) any provision in legislation, statute, or 
                regulation that relates to a then-existing Federal 
                program under which $500,000,000 or more is provided 
                annually to State, local, and tribal governments under 
                entitlement authority, if the provision--
                            ``(i)(I) would increase the stringency of 
                        conditions of assistance to State, local, or 
                        tribal governments under the program; or
                            ``(II) would place caps upon, or otherwise 
                        decrease, the Federal Government's 
                        responsibility to provide funding to State, 
                        local, or tribal governments under the program; 
                        and
                            ``(ii) the State, local, or tribal 
                        governments that participate in the Federal 
                        program lack authority under that program to 
                        amend their financial or programmatic 
                        responsibilities to continue providing required 
                        services that are affected by the legislation, 
                        statute, or regulation.
            ``(2) The term `Federal private sector mandate' means any 
        provision in legislation, statute, or regulation that--
                    ``(A) would impose an enforceable duty upon the 
                private sector except--
                            ``(i) a condition of Federal assistance; or
                            ``(ii) a duty arising from participation in 
                        a voluntary Federal program; or
                    ``(B) would reduce or eliminate the amount of 
                authorization of appropriations for Federal financial 
                assistance that will be provided to the private sector 
                for the purposes of ensuring compliance with such duty.
            ``(3) The term `Federal mandate' means a Federal 
        intergovernmental mandate or a Federal private sector mandate, 
        as defined in paragraphs (1) and (2).
            ``(4) The terms `Federal mandate direct costs' and `direct 
        costs'--
                    ``(A)(i) in the case of a Federal intergovernmental 
                mandate, mean the aggregate estimated amounts that all 
                State, local, and tribal governments would be required 
                to spend in order to comply with the Federal 
                intergovernmental mandate; or
                    ``(ii) in the case of a provision referred to in 
                paragraph (1)(A)(ii), mean the amount of Federal 
                financial assistance eliminated or reduced;
                    ``(B) in the case of a Federal private sector 
                mandate, mean the aggregate estimated amounts that the 
                private sector will be required to spend in order to 
                comply with the Federal private sector mandate;
                    ``(C) shall not include--
                            ``(i) estimated amounts that the State, 
                        local, and tribal governments (in the case of a 
                        Federal intergovernmental mandate) or the 
                        private sector (in the case of a Federal 
                        private sector mandate) would spend--
                                    ``(I) to comply with or carry out 
                                all applicable Federal, State, local, 
                                and tribal laws and regulations in 
                                effect at the time of the adoption of 
                                the Federal mandate for the same 
                                activity as is affected by that Federal 
                                mandate; or
                                    ``(II) to comply with or carry out 
                                State, local, and tribal governmental 
                                programs, or private-sector business or 
                                other activities in effect at the time 
                                of the adoption of the Federal mandate 
                                for the same activity as is affected by 
                                that mandate; or
                            ``(ii) expenditures to the extent that such 
                        expenditures will be offset by any direct 
                        savings to the State, local, and tribal 
                        governments, or by the private sector, as a 
                        result of--
                                    ``(I) compliance with the Federal 
                                mandate; or
                                    ``(II) other changes in Federal law 
                                or regulation that are enacted or 
                                adopted in the same bill or joint 
                                resolution or proposed or final Federal 
                                regulation and that govern the same 
                                activity as is affected by the Federal 
                                mandate; and
                    ``(D) shall be determined on the assumption that 
                State, local, and tribal governments, and the private 
                sector will take all reasonable steps necessary to 
                mitigate the costs resulting from the Federal mandate, 
                and will comply with applicable standards of practice 
                and conduct established by recognized professional or 
                trade associations. Reasonable steps to mitigate the 
                costs shall not include increases in State, local, or 
                tribal taxes or fees.
            ``(5) The term `amount', with respect to an authorization 
        of appropriations for Federal financial assistance, means the 
        amount of budget authority for any Federal grant assistance 
        program or any Federal program providing loan guarantees or 
        direct loans.
            ``(6) The term `private sector' means all persons or 
        entitles in the United States, including individuals, 
        partnerships, associations, corporations, and educational and 
        nonprofit institutions, but shall not include State, local, or 
        tribal governments.
            ``(7) The term `local government' has the same meaning as 
        in section 6501(6) of title 31, United States Code.
            ``(8) The term `tribal government' means any Indian tribe, 
        band, nation, or other organized group or community, including 
        any Alaska Native village or regional or village corporation as 
        defined in or established pursuant to the Alaska Native Claims 
        Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.) which is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        special status as Indians.
            ``(9) The term `small government' means any small 
        governmental jurisdictions defined in section 601(5) of title 
        5, United States Code, and any tribal government.
            ``(10) The term `State' has the same meaning as in section 
        6501(9) of title 31, United State Code.
            ``(11) The term `agency' has the meaning as defined in 
        section 551(1) of title 5, United States Code, but does not 
        include independent regulatory agencies, as defined in section 
        3502(10) of title 44, United States Code, or the Office of the 
        Comptroller of the Currency or the Office of Thrift 
        Supervision.
            ``(12) The term `regulation' or `rule' has the meaning of 
        `rule' as defined in section 601(2) of title 5, United States 
        Code.
            ``(13) The term `direct savings', when used with respect to 
        the result of compliance with the Federal mandate--
                    ``(A) in the case of a Federal intergovernmental 
                mandate, means the aggregate estimated reduction in 
                costs to any State, local, or tribal government as a 
                result of compliance with the Federal intergovernmental 
                mandate; and
                    ``(B) in the case of a Federal private sector 
                mandate, means the aggregate estimated reduction in 
                costs to the private sector as a result of compliance 
                with the Federal private sector mandate.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Congressional Budget and Impoundment Control Act of 
1974 is amended by adding after the item relating to section 407 the 
following new item:

``Sec. 408. Legislative mandate accountability and reform.''.

SEC. 102. ASSISTANCE TO COMMITTEES AND STUDIES.

    The Congressional Budget and Impoundment Control Act of 1974 is 
amended--
            (1) in section 202--
                    (A) in subsection (c)--
                            (i) by redesignating paragraph (2) as 
                        paragraph (3); and
                            (ii) by inserting after paragraph (1) the 
                        following new paragraph:
            ``(2) At the request of any committee of the Senate or the 
        House of Representatives, the Office shall, to the extent 
        practicable, consult with and assist such committee in 
        analyzing the budgetary or financial impact of any proposed 
        legislation that may have--
                    ``(A) a significant budgetary impact on State, 
                local, or tribal governments; or
                    ``(B) a significant financial impact on the private 
                sector.'';
                    (B) by amending subsection (h) to read as follows:
    ``(h) Studies.--
            ``(1) Continuing studies.--The Director of the 
        Congressional Budget Office shall conduct continuing studies to 
        enhance comparisons of budget outlays, credit authority, and 
        tax expenditures.
            ``(2) Federal mandate studies.--
                    ``(A) At the request of any Chairman or ranking 
                member of the minority of a Committee of the Senate or 
                the House of Representatives, the Director shall, to 
                the extent practicable, conduct a study of a Federal 
                mandate legislative proposal.
                    ``(B) In conducting a study on intergovernmental 
                mandates under subparagraph (A), the Director shall--
                            ``(i) solicit and consider information or 
                        comments from elected officials (including 
                        their designated representatives) of State, 
                        local, or tribal governments as may provide 
                        helpful information or comments;
                            ``(ii) consider establishing advisory 
                        panels of elected officials or their designated 
                        representatives, of State, local, or tribal 
                        governments if the Director determines that 
                        such advisory panels would be helpful in 
                        performing responsibilities of the Director 
                        under this section; and
                            ``(iii) if, and to the extent that the 
                        Director determines that accurate estimates are 
                        reasonably feasible, include estimates of--
                                    ``(I) the future direct cost of the 
                                Federal mandate to the extent that such 
                                costs significantly differ from or 
                                extend beyond the 5-year period after 
                                the mandate is first effective; and
                                    ``(II) any disproportionate 
                                budgetary effects of Federal mandates 
                                upon particular industries or sectors 
                                of the economy, States, regions, and 
                                urban or rural or other types of 
                                communities, as appropriate.
                    ``(C) In conducting a study on private sector 
                mandates under subparagraph (A), the Director shall 
                provide estimates, if and to the extent that the 
                Director determines that such estimates are reasonably 
                feasible, of--
                            ``(i) future costs of Federal private 
                        sector mandates to the extent that such 
                        mandates differ significantly from or extend 
                        beyond the 5-year time period referred to in 
                        subparagraph (B)(iii)(I);
                            ``(ii) any disproportionate financial 
                        effects of Federal private sector mandates and 
                        of any Federal financial assistance in the bill 
                        or joint resolution upon any particular 
                        industries or sectors of the economy, States, 
                        regions, and urban or rural or other types of 
                        communities; and
                            ``(iii) the effect of Federal private 
                        sector mandates in the bill or joint resolution 
                        on the national economy, including the effect 
                        on productivity, economic growth, full 
                        employment, creation of productive jobs, and 
                        international competitiveness of United States 
                        goods and services.''; and
            (2) in section 301(d) by adding at the end thereof the 
        following new sentence: ``Any Committee of the House of 
        Representatives or the Senate that anticipates that the 
        committee will consider any proposed legislation establishing, 
        amending, or reauthorizing any Federal program likely to have a 
        significant budgetary impact on any State, local, or tribal 
        government, or likely to have a significant financial impact on 
        the private sector, including any legislative proposal 
        submitted by the executive branch likely to have such a 
        budgetary or financial impact, shall include its views and 
        estimates on that proposal to the Committee on the Budget of 
        the applicable House.''.

SEC. 103. COST OF REGULATIONS.

    (a) Sense of the Congress.--It is the sense of the Congress that 
Federal agencies should review and evaluate planned regulations to 
ensure that the cost estimates provided by the Congressional Budget 
Office will be carefully considered as regulations are promulgated.
    (b) Statement of Cost.--At the written request of any Senator, the 
Director shall, to the extent practicable, prepare--
            (1) an estimate of the costs of regulations implementing an 
        Act containing a Federal mandate covered by section 408 of the 
        Congressional Budget and Impoundment Control Act of 1974, as 
        added by section 101(a) of this Act; and
            (2) a comparison of the costs of such regulations with the 
        cost estimate provided for such Act by the Congressional Budget 
        Office.
    (c) Cooperation of Office of Management and Budget.--At the request 
of the Director of the Congressional Budget Office, the Director of the 
Office of Management and Budget shall provide data and cost estimates 
for regulations implementing an Act containing a Federal mandate 
covered by section 408 of the Congressional Budget and Impoundment 
Control Act of 1974, as added by section 101(a) of this Act.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Congressional Budget 
Office $4,500,000 for each of the fiscal years 1996, 1997, 1998, 1999, 
2000, 2001, and 2002 to carry out the provisions of this Act.

SEC. 105. EXERCISE OF RULEMAKING POWERS.

    The provisions of section 101 are enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such 
        they shall be considered as part of the rules of such House, 
        respectively, and such rules shall supersede other rules only 
        to the extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change such rules (so far as relating to such 
        House) at any time, in the same manner, and to the same extent 
        as in the case of any other rule of each House.

SEC. 106. REPEAL OF CERTAIN ANALYSIS BY CONGRESSIONAL BUDGET OFFICE.

    Section 403 of the Congressional Budget Act of 1974 is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (2);
                    (B) in paragraph (3) by striking ``paragraphs (1) 
                and (2)'' and inserting ``paragraph (1)''; and
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively;
            (2) by striking ``(a)''; and
            (3) by striking subsections (b) and (c).

SEC. 107. CONSIDERATION FOR FEDERAL FUNDING.

    Nothing in this Act shall preclude a State, local, or tribal 
government that already complies with all or part of the Federal 
intergovernmental mandates included in the bill, joint resolution, 
amendment, motion, or conference report from consideration for Federal 
funding for the cost of the mandate, including the costs the State, 
local, or tribal government is currently paying and any additional 
costs necessary to meet the mandate.

SEC. 108. IMPACT ON LOCAL GOVERNMENTS.

    (a) Findings.--The Senate finds that--
            (1) the Congress should be concerned about shifting costs 
        from Federal to State and local authorities and should be 
        equally concerned about the growing tendency of States to shift 
        costs to local governments;
            (2) cost shifting from States to local governments has, in 
        many instances, forced local governments to raise property 
        taxes or curtail sometimes essential services; and
            (3) increases in local property taxes and cuts in essential 
        services threaten the ability of many citizens to attain and 
        maintain the American dream of owning a home in a safe, secure 
        community.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) the Federal Government should not shift certain costs 
        to the State, and States should end the practice of shifting 
        costs to local governments, which forces many local governments 
        to increase property taxes;
            (2) States should end the imposition, in the absence of 
        full consideration by their legislatures, of State issued 
        mandates on local governments without adequate State funding, 
        in a manner that may displace other essential government 
        priorities; and
            (3) one primary objective of this Act and other efforts to 
        change the relationship among Federal, State, and local 
        governments should be to reduce taxes and spending at all 
        levels and to end the practice of shifting costs from one level 
        of government to another with little or no benefit to 
        taxpayers.

SEC. 109. EFFECTIVE DATE.

    This title shall take effect on January 1, 1996 or on the date 90 
days after appropriations are made available as authorized under 
section 104, whichever is earlier and shall apply to legislation 
considered on and after such date.

             TITLE II--REGULATORY ACCOUNTABILITY AND REFORM

SEC. 201. REGULATORY PROCESS.

    (a) In General.--Each agency shall, to the extent permitted in 
law--
            (1) assess the effects of Federal regulations on State, 
        local, and tribal governments (other than to the extent that 
        such regulations incorporate requirements specifically set 
        forth in legislation), and the private sector, including 
        specifically the availability of resources to carry out any 
        Federal intergovernmental mandates in those regulations; and
            (2) seek to minimize those burdens that uniquely or 
        significantly affect such governmental entities, consistent 
        with achieving statutory and regulatory objectives.
    (b) State, Local, and Tribal Government Input.--Each agency shall, 
to the extent permitted in law, develop an effective process to permit 
elected officials (or their designated representatives) of State, 
local, and tribal governments to provide meaningful and timely input in 
the development of regulatory proposals containing significant Federal 
intergovernmental mandates. Such a process shall be consistent with all 
applicable laws.
    (c) Agency Plan.--
            (1) Effects on state, local, and tribal governments.--
        Before establishing any regulatory requirements that might 
        significantly or uniquely affect small governments, agencies 
        shall have developed a plan under which the agency shall--
                    (A) provide notice of the contemplated requirements 
                to potentially affected small governments, if any;
                    (B) enable officials of affected small governments 
                to provide input under subsection (b); and
                    (C) inform, educate, and advise small governments 
                on compliance with the requirements.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to each agency to carry out the provisions 
        of this section, and for no other purpose, such sums as are 
        necessary.

SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFICANT REGULATORY ACTIONS.

    (a) In General.--Before promulgating any final rule that includes 
any Federal intergovernmental mandate that may result in the 
expenditure by State, local, or tribal governments, and the private 
sector, in the aggregate, of $100,000,000 or more (adjusted annually 
for inflation by the Consumer Price Index) in any 1 year, and before 
promulgating any general notice of proposed rulemaking that is likely 
to result in promulgation of any such rule, the agency shall prepare a 
written statement containing--
            (1) estimates by the agency, including the underlying 
        analysis, of the anticipated costs to State, local, and tribal 
        governments and the private sector of complying with the 
        Federal intergovernmental mandate, and of the extent to which 
        such costs may be paid with funds provided by the Federal 
        Government or otherwise paid through Federal financial 
        assistance;
            (2) estimates by the agency, if and to the extent that the 
        agency determines that accurate estimates are reasonably 
        feasible, of--
                    (A) the future costs of the Federal 
                intergovernmental mandate; and
                    (B) any disproportionate budgetary effects of the 
                Federal intergovernmental mandate upon any particular 
                regions of the Nation or particular State, local, or 
                tribal governments, urban or rural or other types of 
                communities;
            (3) a qualitative, and if possible, a quantitative 
        assessment of costs and benefits anticipated from the Federal 
        intergovernmental mandate (such as the enhancement of health 
        and safety and the protection of the natural environment);
            (4) the effect of the Federal private sector mandate on the 
        national economy, including the effect on productivity, 
        economic growth, full employment, creation of productive jobs, 
        and international competitiveness of United States goods and 
        services; and
            (5)(A) a description of the extent of the agency's prior 
        consultation with elected representatives (or their designated 
        representatives) of the affected State, local, and tribal 
        governments;
            (B) a summary of the comments and concerns that were 
        presented by State, local, or tribal governments either orally 
        or in writing to the agency;
            (C) a summary of the agency's evaluation of those comments 
        and concerns; and
            (D) the agency's position supporting the need to issue the 
        regulation containing the Federal intergovernmental mandates 
        (considering, among other things, the extent to which costs may 
        or may not be paid with funds provided by the Federal 
        Government).
    (b) Agency Statement; Private Sector Mandates.--Notwithstanding any 
other provision of this Act, an agency statement prepared pursuant to 
subsection (a) shall also be prepared for a Federal private sector 
mandate that may result in the expenditure by State, local, tribal 
governments, or the private sector, in the aggregate, of $100,000,000 
or more (adjusted annually for inflation by the Consumer Price Index) 
in any 1 year.
    (c) Promulgation.--In promulgating a general notice of proposed 
rulemaking or a final rule for which a statement under subsection (a) 
is required, the agency shall include in the promulgation a summary of 
the information contained in the statement.
    (d) Preparation in Conjunction With Other Statement.--Any agency 
may prepare any statement required under subsection (a) in conjunction 
with or as a part of any other statement or analysis, provided that the 
statement or analysis satisfies the provisions of subsection (a).

SEC. 203. ASSISTANCE TO THE CONGRESSIONAL BUDGET OFFICE.

    The Director of the Office of Management and Budget shall--
            (1) collect from agencies the statements prepared under 
        section 202; and
            (2) periodically forward copies of such statements to the 
        Director of the Congressional Budget Office on a reasonably 
        timely basis after promulgation of the general notice of 
        proposed rulemaking or of the final rule for which the 
        statement was prepared.

SEC. 204. PILOT PROGRAM ON SMALL GOVERNMENT FLEXIBILITY.

    (a) In General.--The Director of the Office of Management and 
Budget, in consultation with Federal agencies, shall establish pilot 
programs in at least 2 agencies to test innovative, and more flexible 
regulatory approaches that--
            (1) reduce reporting and compliance burdens on small 
        governments; and
            (2) meet overall statutory goals and objectives.
    (b) Program Focus.--The pilot programs shall focus on rules in 
effect or proposed rules, or a combination thereof.

SEC. 205. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
60 days after the date of enactment.

             TITLE III--REVIEW OF UNFUNDED FEDERAL MANDATES

SEC. 301. BASELINE STUDY OF COSTS AND BENEFITS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Advisory Commission on Intergovernmental 
Relations (hereafter in this title referred to as the ``Advisory 
Commission''), in consultation with the Director, shall begin a study 
to examine the measurement and definition issues involved in 
calculating the total costs and benefits to State, local, and tribal 
governments of compliance with Federal law.
    (b) Considerations.--The study required by this section shall 
consider--
            (1) the feasibility of measuring indirect costs and 
        benefits as well as direct costs and benefits of the Federal, 
        State, local, and tribal relationship; and
            (2) how to measure both the direct and indirect benefits of 
        Federal financial assistance and tax benefits to State, local, 
        and tribal governments.

SEC. 302. REPORT ON UNFUNDED FEDERAL MANDATES BY ADVISORY COMMISSION ON 
              INTERGOVERNMENTAL RELATIONS.

    (a) In General.--The Advisory Commission on Intergovernmental 
Relations shall in accordance with this section--
            (1) investigate and review the role of unfunded Federal 
        mandates in intergovernmental relations and their impact on 
        State, local, tribal, and Federal government objectives and 
        responsibilities;
            (2) make recommendations to the President and the Congress 
        regarding--
                    (A) allowing flexibility for State, local, and 
                tribal governments in complying with specific unfunded 
                Federal mandates for which terms of compliance are 
                unnecessarily rigid or complex;
                    (B) reconciling any 2 or more unfunded Federal 
                mandates which impose contradictory or inconsistent 
                requirements;
                    (C) terminating unfunded Federal mandates which are 
                duplicative, obsolete, or lacking in practical utility;
                    (D) suspending, on a temporary basis, unfunded 
                Federal mandates which are not vital to public health 
                and safety and which compound the fiscal difficulties 
                of State, local, and tribal governments, including 
                recommendations for triggering such suspension;
                    (E) consolidating or simplifying unfunded Federal 
                mandates, or the planning or reporting requirements of 
                such mandates, in order to reduce duplication and 
                facilitate compliance by State, local, and tribal 
                governments with those mandates; and
                    (F) establishing common Federal definitions or 
                standards to be used by State, local, and tribal 
                governments in complying with unfunded Federal mandates 
                that use different definitions or standards for the 
                same terms or principles; and
            (3) identify in each recommendation made under paragraph 
        (2), to the extent practicable, the specific unfunded Federal 
        mandates to which the recommendation applies.
    (b) Treatment of Requirements for Metric Systems of Measurement.--
            (1) Treatment.--For purposes of subsection (a) (1) and (2), 
        the Commission shall consider requirements for metric systems 
        of measurement to be Federal mandates.
            (2) Definition.--In this subsection, the term 
        ``requirements for metric systems of measurement'' means 
        requirements of the departments, agencies, and other entities 
        of the Federal Government that State, local, and tribal 
        governments utilize metric systems of measurement.
    (c) Criteria.--
            (1) In general.--The Commission shall establish criteria 
        for making recommendations under subsection (a).
            (2) Issuance of proposed criteria.--The Commission shall 
        issue proposed criteria under this subsection not later than 60 
        days after the date of the enactment of this Act, and 
        thereafter provide a period of 30 days for submission by the 
        public of comments on the proposed criteria.
            (3) Final criteria.--Not later than 45 days after the date 
        of issuance of proposed criteria, the Commission shall--
                    (A) consider comments on the proposed criteria 
                received under paragraph (2);
                    (B) adopt and incorporate in final criteria any 
                recommendations submitted in those comments that the 
                Commission determines will aid the Commission in 
                carrying out its duties under this section; and
                    (C) issue final criteria under this subsection.
    (d) Preliminary Report.--
            (1) In general.--Not later than 9 months after the date of 
        the enactment of this Act, the Commission shall--
                    (A) prepare and publish a preliminary report on its 
                activities under this title, including preliminary 
                recommendations pursuant to subsection (a);
                    (B) publish in the Federal Register a notice of 
                availability of the preliminary report; and
                    (C) provide copies of the preliminary report to the 
                public upon request.
            (2) Public hearings.--The Commission shall hold public 
        hearings on the preliminary recommendations contained in the 
        preliminary report of the Commission under this subsection.
    (e) Final Report.--Not later than 3 months after the date of the 
publication of the preliminary report under subsection (c), the 
Commission shall submit to the Congress, including the Committee on 
Government Reform and Oversight of the House of Representatives and the 
Committee on Governmental Affairs of the Senate, and to the President a 
final report on the findings, conclusions, and recommendations of the 
Commission under this section.

SEC. 303. SPECIAL AUTHORITIES OF ADVISORY COMMISSION.

    (a) Experts and Consultants.--For purposes of carrying out this 
title, the Advisory Commission may procure temporary and intermittent 
services of experts or consultants under section 3109(b) of title 5, 
United States Code.
    (b) Detail of Staff of Federal Agencies.--Upon request of the 
Executive Director of the Advisory Commission, the head of any Federal 
department or agency may detail, on a reimbursable basis, any of the 
personnel of that department or agency to the Advisory Commission to 
assist it in carrying out this title.
    (c) Contract Authority.--The Advisory Commission may, subject to 
appropriations, contract with and compensate government and private 
persons (including agencies) for property and services used to carry 
out its duties under this title.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Advisory Commission 
to carry out section 301 and section 302, $1,250,000 for each of fiscal 
years 1995 and 1996.

                       TITLE IV--JUDICIAL REVIEW

SEC. 401. JUDICIAL REVIEW.

    (a) In General.--Any statement or report prepared under this Act, 
and any compliance or noncompliance with the provisions of this Act, 
and any determination concerning the applicability of the provisions of 
this Act shall not be subject to judicial review.
    (b) Rule of Construction.--No provision of this Act or amendment 
made by this Act shall be construed to create any right or benefit, 
substantive or procedural, enforceable by any person in any 
administrative or judicial action. No ruling or determination made 
under the provisions of this Act or amendments made by this Act shall 
be considered by any court in determining the intent of Congress or for 
any other purpose.

            Passed the Senate January 27 (legislative day, January 10), 
      1995.

            Attest:

                                                             Secretary.

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104th CONGRESS

  1st Session

                                  S. 1

_______________________________________________________________________

                                 AN ACT

 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.