[Congressional Record Volume 140, Number 144 (Thursday, October 6, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 6, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
             FEDERAL MANDATE ACCOUNTABILITY AND REFORM ACT

  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 993) to end the practice of imposing unfunded 
     Federal mandates on States and local governments and to 
     ensure that the Federal Government pays the costs incurred by 
     those governments in complying with certain requirements 
     under Federal statutes and regulation,

  The Senate proceeded to consider the bill which had been reported 
from the Committee on Governmental Affairs, with an amendment to the 
title; the title was amended so as to read ``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 of State, local, and 
tribal governments without adequate funding, in a manner that may 
displace other essential governmental priorities; to better assess both 
costs and benefits of Federal legislation and regulations on State, 
local and tribal governments; and for other purposes.''; and an 
amendment to strike out all after the enacting clause, and inserting in 
lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Mandate 
     Accountability and Reform Act of 1994''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to strengthen the partnership between the Federal 
     Government and States, local governments, and tribal 
     governments;
       (2) to end the imposition, in the absence of full 
     consideration by Congress, of Federal mandates on States, 
     local governments, 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 States, local 
     governments, 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 before the Senate votes on 
     proposed legislation;
       (4) to promote informed and deliberate decisions by 
     Congress on the appropriateness of Federal mandates in any 
     particular instances;
       (5) to establish a point-of-order vote on the consideration 
     in the Senate of legislation containing significant Federal 
     mandates; and
       (6) to assist Federal agencies in their consideration of 
     proposed regulations affecting States, local governments, and 
     tribal governments, by--
       (A) requiring that Federal agencies develop a process to 
     enable the elected and other officials of States, local 
     governments, 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 States, local governments, 
     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) Federal intergovernmental mandate.--The term ``Federal 
     intergovernmental mandate'' means--
       (A) any provision in a bill or joint resolution before 
     Congress or in a proposed or final Federal regulation that--
       (i) would impose a duty upon States, local governments, or 
     tribal governments that is enforceable by administrative, 
     civil, or criminal penalty or by injunction (other than a 
     condition of Federal assistance or 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 Federal financial assistance that would 
     be provided to States, local governments, or tribal 
     governments for the purpose of complying with any such 
     previously imposed duty; or
       (B) any provision in a bill or joint resolution before 
     Congress or in a proposed or final Federal regulation that 
     relates to a then-existing Federal program under which 
     $500,000,000 or more is provided annually to States, local 
     governments, and tribal governments under entitlement 
     authority (as defined in section 3(9) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 622(9))), if--
       (i)(I) the bill or joint resolution or regulation would 
     increase the stringency of conditions of assistance to 
     States, local governments, or tribal governments under the 
     program; or
       (II) would place caps upon, or otherwise decrease, the 
     Federal Government's responsibility to provide funding to 
     States, local governments, or tribal governments under the 
     program; and
       (ii) the States, local governments, 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 bill or joint resolution or regulation.
       (2) Federal private sector mandate.--The term ``Federal 
     private sector mandate'' means any provision in a bill or 
     joint resolution before Congress that--
       (A) would impose a duty upon the private sector that is 
     enforceable by administrative, civil, or criminal penalty or 
     by injunction (other than a condition of Federal assistance 
     or 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 purpose of 
     complying with any such duty.
       (3) Federal mandate.--The term ``Federal mandate'' means a 
     Federal intergovernmental mandate or a Federal private sector 
     mandate, as defined in paragraphs (1) and (2).
       (4) Direct costs.--
       (A) For a federal intergovernmental mandate.--In the case 
     of a Federal intergovernmental mandate, the term ``direct 
     costs'' means the aggregate estimated amounts that all 
     States, local governments, and tribal governments would be 
     required to spend in order to comply with the Federal 
     intergovernmental mandate, or, in the case of a bill or joint 
     resolution referred to in paragraph (1)(A)(ii), the amount of 
     Federal financial assistance eliminated or reduced.
       (B) For a federal private sector mandate.--In the case of a 
     Federal private sector mandate, the term ``direct costs'' 
     means the aggregate amounts that the private sector will be 
     required to spend in order to comply with the Federal private 
     sector mandate.
       (C) Not included.--The term ``direct costs'' does not 
     include--
       (i) estimated amounts that the States, local governments, 
     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 adopted before 
     the adoption of the Federal mandate; or
       (II) to continue to carry out State, local governmental, 
     and tribal governmental programs, or private-sector business 
     or other activities established at the time of adoption of 
     the Federal mandate; or

       (ii) expenditures to the extent that they will be offset by 
     any direct savings to be enjoyed by the States, local 
     governments, and tribal governments, or by the private 
     sector, as a result of--

       (I) their 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.

       (D) Assumption.--Direct costs shall be determined on the 
     assumption that States, local governments, 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.
       (5) Amount of authorization of appropriations for federal 
     financial assistance.--The term ``amount'' with respect to an 
     authorization of appropriations for Federal financial 
     assistance means--
       (A) the amount of budget authority (as defined in section 
     3(2)(A) of the Congressional Budget Act of 1974 (2 U.S.C. 
     622(2)(A))) of any Federal grant assistance; and
       (B) the subsidy amount (as defined as ``cost'' in section 
     502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
     661a(5)(a))) of any Federal program providing loan guarantees 
     or direct loans.
       (6) Private sector.--The term ``private sector'' means 
     individuals, partnerships, associations, corporations, 
     business trusts, or legal representatives, organized groups 
     of individuals, and educational and other nonprofit 
     institutions.
       (7) Other definitions.--
       (A) Agency.--The term ``agency'' has the meaning stated in 
     section 551(1) of title 5, United States Code, but does not 
     include independent regulatory agencies, as defined by 
     section 3502(10) of title 44, United States Code.
       (B) Director.--The term ``Director'' means the Director of 
     the Congressional Budget Office.
       (C) Local government.--The term ``local government'' has 
     the same meaning as in section 6501(6) of title 31, United 
     States Code.
       (D) Regulation or rule.--The term ``regulation'' or 
     ``rule'' has the meaning of ``rule'' as defined in section 
     601(2) of title 5, United States Code.
       (E) Small government.--The term ``small government'' means 
     any small governmental jurisdiction as defined in section 
     601(5) of title 5, United States Code, and any tribal 
     government.
       (F) State.--The term ``State'' has the same meaning as in 
     section 6501(9) of title 31, United States Code.

     SEC. 4. EXCLUSIONS.

       This Act shall not apply to any provision in a bill or 
     joint resolution 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, religion, 
     gender, national origin, or handicapped or disability status;
       (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 government, or tribal government 
     or any official of any of them;
       (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 of the 
     Congressional Budget Office such information and assistance 
     as he may reasonably request to assist him in performing his 
     responsibilities under this Act.
             TITLE I--LEGISLATIVE ACCOUNTABILITY AND REFORM

     SEC. 101. DUTIES OF CONGRESSIONAL COMMITTEES.

       (a) Committee Report.--
       (1) Regarding federal mandates.--
       (A) In general.--When a committee of authorization of the 
     House of Representatives or the Senate reports a bill or 
     joint resolution of public character that includes any 
     Federal mandate, the committee shall issue a report to 
     accompany the bill or joint resolution containing the 
     information required by subparagraphs (B) and (C).
       (B) Reports on federal mandates.--Each report required by 
     subparagraph (A) shall contain--
       (i) an identification and description, prepared in 
     consultation with the Director, of any Federal mandates in 
     the bill or joint resolution, including the expected direct 
     costs to States, local governments, and tribal governments, 
     and to the private sector, required to comply with the 
     Federal mandates; and
       (ii) a qualitative, and if possible, a quantitative 
     assessment of costs and benefits anticipated from the Federal 
     mandates (including the enhancement of health and safety and 
     the protection of the natural environment).
       (C) Intergovernmental mandates.--If any of the Federal 
     mandates in the bill or joint resolution are Federal 
     intergovernmental mandates, the report required by 
     subparagraph (A) shall also contain--
       (i)(I) a statement of 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 for activities of 
     States, local governments, or tribal governments subject to 
     the Federal intergovernmental mandates; and
       (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;
       (ii) any existing sources of Federal assistance in addition 
     to those identified in clause (i) that may assist States, 
     local governments, and tribal governments in meeting the 
     direct costs of the Federal intergovernmental mandates; and
       (iii) an identification of one or more of the following: 
     reductions in authorization of existing appropriations, a 
     reduction in direct spending, or an increase in receipts 
     (consistent with the amount identified clause (i)(I)).
       (2) Preemption clarification and information.--When a 
     committee of authorization of the House of Representatives or 
     the Senate 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.
       (b) Submission of Bills to the Director.--When a committee 
     of authorization of the House of Representatives or the 
     Senate reports a bill or joint resolution of a public 
     character, the committee shall promptly provide the bill or 
     joint resolution to the Director and shall identify to the 
     Director any Federal mandates contained in the bill or 
     resolution.
       (c) Publication of Statement From the Director.--
       (1) In general.--Upon receiving a statement (including any 
     supplemental statement) from the Director pursuant to section 
     102(c), a committee of the House of Representatives or the 
     Senate shall publish the statement in the committee report 
     accompanying the bill or joint resolution to which the 
     statement relates if the statement is available soon enough 
     to be included in the printed report.
       (2) If not included.--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 House 
     of Representatives or the Senate 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.

     SEC. 102. DUTIES OF THE DIRECTOR.

       (a) Studies.--
       (1) Proposed legislation.--As early as practicable in each 
     new Congress, any committee of the House of Representatives 
     or the Senate which anticipates that the committee will 
     consider any proposed legislation establishing, amending, or 
     reauthorizing any Federal program likely to have a 
     significant budgetary impact on States, local governments, or 
     tribal governments, 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 request that the 
     Director initiate a study of the proposed legislation in 
     order to develop information that may be useful in analyzing 
     the costs of any Federal mandates that may be included in the 
     proposed legislation.
       (2) Considerations.--In conducting the study under 
     paragraph (1), the Director shall--
       (A) solicit and consider information or comments from 
     elected officials (including their designated 
     representatives) of States, local governments, tribal 
     governments, designated representatives of the private 
     sector, and such other persons as may provide helpful 
     information or comments;
       (B) consider establishing advisory panels of elected 
     officials (including their designated representatives) of 
     States, local governments, tribal governments, designated 
     representatives of the private sector, and other persons if 
     the Director determines, in the Director's discretion, that 
     such advisory panels would be helpful in performing the 
     Director's responsibilities under this section; and
       (C) consult with the relevant committees of the House of 
     Representatives and of the Senate.
       (b) Consultation.--The Director shall, at the request of 
     any committee of the House of Representatives or of the 
     Senate, consult with and assist such committee in analyzing 
     the budgetary or financial impact of any proposed legislation 
     that may have--
       (1) a significant budgetary impact on State, local, or 
     tribal governments; or
       (2) a significant financial impact on the private sector.
       (c) Statements on Nonappropriations Bills and Joint 
     Resolutions.--
       (1) Federal intergovernmental 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 House of Representatives or of the Senate, the 
     Director shall prepare and submit to the committee a 
     statement as follows:
       (A) Direct costs at or below threshold.--If the Director 
     estimates that the direct costs of all Federal 
     intergovernmental mandates in the bill or joint resolution 
     will not equal or exceed $50,000,000 (adjusted annually for 
     inflation by the Consumer Price Index) 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 and shall briefly explain the basis of the estimate.
       (B) Direct costs above threshold.--
       (i) In general.--If the Director estimates that the direct 
     costs of all Federal intergovernmental mandates in the bill 
     or joint resolution will equal or exceed $50,000,000 
     (adjusted annually for inflation by the Consumer Price Index) 
     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.
       (ii) Estimates.--The estimate required by clause (i) shall 
     include--

       (I) estimates (and brief explanations of the basis of the 
     estimates) of--

       (aa) the total amount of direct costs of complying with the 
     Federal intergovernmental mandates in the bill or joint 
     resolution; and
       (bb) 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 States, local governments, or tribal 
     governments for activities subject to the Federal 
     intergovernmental mandates;

       (II) estimates, if and to the extent that the Director 
     determines that accurate estimates are reasonably feasible, 
     of--

       (aa) future direct costs of Federal intergovernmental 
     mandates to the extent that they significantly differ from or 
     extend beyond the 5-year time period referred to in clause 
     (i); and
       (bb) any disproportionate budgetary effects of Federal 
     intergovernmental mandates and of any Federal financial 
     assistance in the bill or joint resolution upon any 
     particular regions of the country or particular States, local 
     governments, tribal governments, or urban or rural or other 
     types of communities; and

       (III) any amounts appropriated in the prior fiscal year to 
     fund the activities subject to the Federal intergovernmental 
     mandate.

       (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 House of Representatives or of the Senate, the 
     Director shall prepare and submit to the committee a 
     statement as follows:
       (A) Direct costs at or below threshold.--If the Director 
     estimates that the direct costs of all Federal private sector 
     mandates in the bill or joint resolution will not equal or 
     exceed $200,000,000 (adjusted annually for inflation by the 
     Consumer Price Index) 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 and shall briefly 
     explain the basis of the estimate.
       (B) Direct costs above threshold.--
       (i) In general.--If the Director estimates that the direct 
     costs of all Federal private sector mandates in the bill or 
     joint resolution will equal or exceed $200,000,000 (adjusted 
     annually for inflation by the Consumer Price Index) 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 and 
     shall briefly explain the basis of the estimate.
       (ii) Estimates.--Estimates required by this subparagraph 
     shall include--

       (I) estimates (and a brief explanation of the basis of the 
     estimates) of--

       (aa) the total amount of direct costs of complying with the 
     Federal private sector mandates in the bill or joint 
     resolution; and
       (bb) 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 the private sector for activities 
     subject to the Federal private sector mandates;

       (II) estimates, if and to the extent that the Director 
     determines that such estimates are reasonably feasible, of--

       (aa) future costs of Federal private sector mandates to the 
     extent that they differ significantly from or extend beyond 
     the 5-year time period referred to in clause (i);
       (bb) any disproportionate financial effects of Federal 
     private sector mandates and of any Federal financial 
     assistance in the bill or joint resolution upon particular 
     industries or sectors of the economy, States, regions, and 
     urban or rural or other types of communities; and
       (cc) the effect of Federal private sector mandates in the 
     bill or joint resolution on the national economy, including 
     on productivity, economic growth, full employment, creation 
     of productive jobs, and international competitiveness of 
     American goods and services; and

       (III) any amounts appropriated in the prior fiscal year to 
     fund activities subject to the Federal private sector 
     mandate.

       (C) Failure to make estimate.--If the Director determines 
     that it is not reasonably feasible for him to make a 
     reasonable estimate that would be required by subparagraphs 
     (A) and (B) with respect to Federal private sector mandates, 
     the Director shall not make the estimate, but shall report in 
     his statement that the reasonable estimate cannot be 
     reasonably made and shall include the reasons for that 
     determination in the statement.
       (3) Amended bills and joint resolutions; conference 
     reports.--If the Director has prepared a statement that 
     includes the determination described in paragraph (1)(B)(i) 
     for a bill or joint resolution, and if that 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 language of a bill or joint resolution from the other 
     House) or is reported by a committee of conference in an 
     amended form, the committee of conference shall ensure, to 
     the greatest extent practicable, that the Director prepare a 
     supplemental statement for the bill or joint resolution. The 
     requirements of section 103 shall not apply to the 
     publication of any supplemental statement prepared under this 
     subsection.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Congressional Budget Office to 
     carry out the provisions of this Act $6,000,000, for each of 
     the fiscal years 1995, 1996, 1997, and 1998.
       (e) Technical Amendment.--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)'';
       (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. 103. POINT OF ORDER IN THE SENATE.

       (a) In General.--It shall not be in order in the Senate to 
     consider any bill or joint resolution that is reported by any 
     committee of authorization of the Senate unless, based upon a 
     ruling of the presiding Officer--
       (1) the committee has published a statement of the Director 
     in accordance with section 101(c) prior to such 
     consideration; and
       (2) in the case of a bill or joint resolution containing 
     Federal intergovernmental mandates, either--
       (A) the direct costs of all Federal intergovernmental 
     mandates in the bill or joint resolution are estimated not to 
     equal or exceed $50,000,000 (adjusted annually for inflation 
     by the Consumer Price Index) 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, or
       (B)(i) the amount of the 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 States, local governments, or tribal 
     governments for activities subject to the Federal 
     intergovernmental mandates is at least equal to the estimated 
     amount of direct costs of the Federal intergovernmental 
     mandates; and
       (ii) the committee of jurisdiction has identified in the 
     bill or joint resolution one or more of the following: a 
     reduction in authorization of existing appropriations, a 
     reduction in direct spending, or an increase in receipts 
     (consistent with the amount identified in clause (i)).
       (b) Waiver.--The point of order under subsection (a) may be 
     waived in the Senate by a majority vote of the Members voting 
     (provided that a quorum is present) or by the unanimous 
     consent of the Senate.
       (c) Amendment To Raise Authorization Level.--
     Notwithstanding the terms of subsection (a), it shall not be 
     out of order pursuant to this section to consider a bill or 
     joint resolution to which an amendment is proposed and agreed 
     to that would raise the amount of authorization of 
     appropriations to a level sufficient to satisfy the 
     requirements of subsection (a)(2)(B)(i) and that would amend 
     an identification referred to in subsection (a)(2)(B)(ii) to 
     satisfy the requirements of that subsection, nor shall it be 
     out of order to consider such an amendment.

     SEC. 104. EXERCISE OF RULEMAKING POWERS.

       The provisions of sections 101, 102, 103, and 105 are 
     enacted by Congress--
       (1) as an exercise of the rulemaking power of the House of 
     Representatives and the Senate, 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. 105. EFFECTIVE DATE.

       This title shall apply to bills and joint resolutions 
     reported by committee on or after October 1, 1995.
             TITLE II--REGULATORY ACCOUNTABILITY AND REFORM

     SEC. 201. REGULATORY PROCESS.

       (a) In General.--Each agency shall, to the extent permitted 
     in law, assess the effects of Federal regulations on States, 
     local governments, and tribal governments (other than to the 
     extent that such regulations incorporate requirements 
     specifically set forth in legislation), including 
     specifically the availability of resources to carry out any 
     Federal intergovernmental mandates in those regulations, and 
     seek to minimize those burdens that uniquely or significantly 
     affect such governmental entities, consistent with achieving 
     statutory and regulatory objectives.
       (b) State, Local Government, and Tribal Government Input.--
     Each agency shall, to the extent permitted in law, develop an 
     effective process to permit elected officials (including 
     their designated representatives) and other representatives 
     of States, local governments, 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) In general.--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 pursuant to subsection (b); and
       (C) inform, educate, and advise small governments on 
     compliance with the requirements.
       (2) Authorization.--There are hereby 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 mandates that may 
     result in the expenditure by States, local governments, or 
     tribal governments, 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 States, local 
     governments, and tribal governments of complying with the 
     Federal intergovernmental mandates, 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 Federal intergovernmental mandates; 
     and
       (B) any disproportionate budgetary effects of the Federal 
     intergovernmental mandates upon any particular regions of the 
     country or particular States, local governments, 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 mandates (such as the enhancement of health 
     and safety and the protection of the natural environment); 
     and
       (4)(A) a description of the extent of any input to the 
     agency from elected representatives (including their 
     designated representatives) of the affected States, local 
     governments, and tribal governments and of other affected 
     parties;
       (B) a summary of the comments and concerns that were 
     presented by States, local governments, 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) 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.
       (c) Preparation in Conjunction With Other Statement.--Any 
     agency may prepare any statement required by 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 
     collect from agencies the statements prepared under section 
     202 and periodically forward copies of them 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.
                       TITLE III--BASELINE STUDY

     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 Director of the Bureau of the 
     Census, 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 
     States, local governments, 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 States, 
     local governments and tribal governments.
       (c) Authorization.--There are authorized to be appropriated 
     to the Bureau of the Census to carry out the purposes of this 
     title, and for no other purpose, $1,000,000 for each of the 
     fiscal years 1995 and 1996.
                   TITLE IV--JUDICIAL REVIEW; SUNSET

     SEC. 401. JUDICIAL REVIEW.

       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. The provisions of this Act shall not create any right 
     or benefit, substantive or procedural, enforceable by any 
     person in any administrative or judicial action. No ruling or 
     determination under this Act shall be considered by any court 
     in determining the intent of Congress or for any other 
     purpose.

     SEC. 402. SUNSET.

       Title II shall expire September 30, 1998. Title I shall 
     expire on October 1 of the fiscal year for which the fiscal 
     year appropriation to the Congressional Budget Office is not 
     adequate to carry out the requirements of title I, or 
     September 30, 1998, whichever occurs earlier. The 
     requirements of section 101(a)(2) are exempt from the terms 
     of this section.
       Amend the title so as to read: ``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; to better assess both costs and 
     benefits of Federal legislation and regulations on State, 
     local, and tribal governments; and for other purposes.''.

  Several Senators addressed the Chair.


                           Amendment No. 2621

   (Purpose: To authorize the establishment of the National African 
          American Museum within the Smithsonian Institution)

  Mr. SIMON. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:


       The Senator from Illinois [Mr. Simon], for himself, Mr. 
     McCain, and Ms. Moseley-Braun, proposes an amendment numbered 
     2621.

  Mr. SIMON. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Is there objection?
  Mr. HELMS. I ask that the clerk finish reading it.
  The PRESIDING OFFICER. The clerk will resume the reading of the 
amendment.
  Mr. HELMS. Mr. President, we cannot hear in here.
  The PRESIDING OFFICER. The Senate will be in order.
  The Senator from Illinois asked unanimous consent to dispense with 
further reading of the amendment.
  Is there objection to that unanimous consent request?
  Mr. GRAMM. Mr. President, I object.
  The PRESIDING OFFICER. Objection is heard.
  The clerk will resume the reading of the amendment.
  The legislative clerk resumed reading as follows:
       At the end of the pending amendment, insert the following:
            DIVISION 2--NATIONAL AFRICAN AMERICAN MUSEUM ACT

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``National African 
     American Museum Act''.

     SEC. 2. FINDINGS.

       (a) Findings.--The Congress finds that--
       (1) the presentation and preservation of African American 
     life, art, history, and culture within the National Park 
     System and other Federal entities are inadequate;
       (2) the inadequate presentation and preservation of African 
     American life, art, history, and culture seriously restrict 
     the ability of the people of the United States, particularly 
     African Americans, to understand themselves and their past;
       (3) African American life, art, history, and culture 
     include the varied experiences of Africans in slavery and 
     freedom and the continued struggles for full recognition of 
     citizenship and treatment with human dignity;
       (4) in enacting Public Law 99-511, the Congress encouraged 
     support for the establishment of a commemorative structure 
     within the National Park System, or on other Federal lands, 
     dedicated to the promotion of understanding, knowledge, 
     opportunity, and equality for all people;
       (5) the establishment of a national museum and the 
     conducting of interpretive and educational programs, 
     dedicated to the heritage and culture of African Americans, 
     will help to inspire and educate the people of the United 
     States regarding the cultural legacy of African Americans and 
     the contributions made by African Americans to the society of 
     the United States; and
       (6) the Smithsonian Institution operates 15 museums and 
     galleries, a zoological park, and 5 major research 
     facilities, none of which is a national institution devoted 
     solely to African American life, art, history, or culture.

     SEC. 3. ESTABLISHMENT OF THE NATIONAL AFRICAN AMERICAN 
                   MUSEUM.

       (a) Establishment.--There is established within the 
     Smithsonian Institution a Museum, which shall be known as the 
     ``National African American Museum''.
       (b) Purpose.--The purpose of the Museum is to provide--
       (1) a center for scholarship relating to African American 
     life, art, history, and culture;
       (2) a location for permanent and temporary exhibits 
     documenting African American life, art, history, and culture;
       (3) a location for the collection and study of artifacts 
     and documents relating to African American life, art, 
     history, and culture;
       (4) a location for public education programs relating to 
     African American life, art, history, and culture; and
       (5) a location for training of museum professionals and 
     others in the arts, humanities, and sciences regarding museum 
     practices related to African American life, art, history, and 
     culture.

     SEC. 4. LOCATION AND CONSTRUCTION OF THE NATIONAL AFRICAN 
                   AMERICAN MUSEUM.

       The Board of Regents is authorized to plan, design, 
     reconstruct, and renovate the Arts and Industries Building of 
     the Smithsonian Institution to house the Museum.

     SEC. 5. BOARD OF TRUSTEES OF MUSEUM.

       (a) Establishment.--There is established in the Smithsonian 
     Institution the Board of Trustees of the National African 
     American Museum.
       (b) Composition and Appointment.--The Board of Trustees 
     shall be composed of 23 members as follows:
       (1) The Secretary of the Smithsonian Institution.
       (2) An Assistant Secretary of the Smithsonian Institution, 
     designated by the Board of Regents.
       (3) Twenty-one individuals of diverse disciplines and 
     geographical residence who are committed to the advancement 
     of knowledge of African American art, history, and culture 
     appointed by the Board of Regents, of whom 9 members shall be 
     from among individuals nominated by African American museums, 
     historically black colleges and universities, and cultural or 
     other organizations.
       (c) Terms.--
       (1) In general.--Except as provided in paragraph (2), 
     members of the Board of Trustees shall be appointed for terms 
     of 3 years. Members of the Board of Trustees may be 
     reappointed.
       (2) Staggered terms.--As designated by the Board of Regents 
     at the time of initial appointments under paragraph (3) of 
     subsection (b), the terms of 7 members shall expire at the 
     end of 1 year, the terms of 7 members shall expire at the end 
     of 2 years, and the terms of 7 members shall expire at the 
     end of 3 years.
       (d) Vacancies.--A vacancy on the Board of Trustees shall 
     not affect its powers and shall be filled in the manner in 
     which the original appointment was made. Any member appointed 
     to fill a vacancy occurring before the expiration of the term 
     for which the predecessor of the member was appointed shall 
     be appointed for the remainder of the term.
       (e) Noncompensation.--Except as provided in subsection (f), 
     members of the Board of Trustees shall serve without pay.
       (f) Expenses.--Members of the Board of Trustees shall 
     receive per diem, travel, and transportation expenses for 
     each day, including traveltime, during which they are engaged 
     in the performance of the duties of the Board of Trustees in 
     accordance with section 5703 of title 5, United States Code, 
     with respect to employees serving intermittently in the 
     Government service.
       (g) Chairperson.--The Board of Trustees shall elect a 
     chairperson by a majority vote of the members of the Board of 
     Trustees.
       (h) Meetings.--The Board of Trustees shall meet at the call 
     of the chairperson or upon the written request of a majority 
     of its members, but shall meet not less than 2 times each 
     year.
       (i) Quorum.--A majority of the Board of Trustees shall 
     constitute a quorum for purposes of conducting business, but 
     a lesser number may receive information on behalf of the 
     Board of Trustees.
       (j) Voluntary Services.--Notwithstanding section 1342 of 
     title 31, United States Code, the chairperson of the Board of 
     Trustees may accept for the Board of Trustees voluntary 
     services provided by a member of the Board of Trustees.

     SEC. 6. DUTIES OF THE BOARD OF TRUSTEES OF THE MUSEUM.

       (a) In General.--The Board of Trustees shall--
       (1) recommend annual budgets for the Museum;
       (2) consistent with the general policy established by the 
     Board of Regents, have the sole authority to--
       (A) loan, exchange, sell, or otherwise dispose of any part 
     of the collections of the Museum, but only if the funds 
     generated by such disposition are used for additions to the 
     collections of the Museum or for additions to the endowment 
     of the Museum;
       (B) subject to the availability of funds and the provisions 
     of annual budgets of the Museum, purchase, accept, borrow, or 
     otherwise acquire artifacts and other property for addition 
     to the collections of the Museum;
       (C) establish policy with respect to the utilization of the 
     collections of the Museum; and
       (D) establish policy regarding programming, education, 
     exhibitions, and research, with respect to the life and 
     culture of African Americans, the role of African Americans 
     in the history of the United States, and the contributions of 
     African Americans to society;
       (3) consistent with the general policy established by the 
     Board of Regents, have authority to--
       (A) provide for restoration, preservation, and maintenance 
     of the collections of the Museum;
       (B) solicit funds for the Museum and determine the purposes 
     to which those funds shall be used;
       (C) approve expenditures from the endowment of the Museum, 
     or of income generated from the endowment, for any purpose of 
     the Museum; and
       (D) consult with, advise, and support the Director in the 
     operation of the Museum;
       (4) establish programs in cooperation with other African 
     American museums, historically black colleges and 
     universities, historical societies, educational institutions, 
     cultural and other organizations for the education and 
     promotion of understanding regarding African American life, 
     art, history, and culture;
       (5) support the efforts of other African American museums, 
     historically black colleges and universities, and cultural 
     and other organizations to educate and promote understanding 
     regarding African American life, art, history, and culture, 
     including--
       (A) development of cooperative programs and exhibitions;
       (B) identification, management, and care of collections;
       (C) participation in the training of museum professionals; 
     and
       (D) creating opportunities for--
       (i) research fellowships; and
       (ii) professional and student internships;
       (6) adopt bylaws to carry out the functions of the Board of 
     Trustees; and
       (7) report annually to the Board of Regents on the 
     acquisition, disposition, and display of African American 
     objects and artifacts and on other appropriate matters.

     SEC. 7. DIRECTOR AND STAFF.

       (a) In General.--The Secretary of the Smithsonian 
     Institution, in consultation with the Board of Trustees, 
     shall appoint a Director who shall manage the Museum.
       (b) Applicability of Certain Civil Service Laws.--The 
     Secretary of the Smithsonian Institution may--
       (1) appoint the Director and 5 employees of the Museum, 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service; and
       (2) fix the pay of the Director and such 5 employees, 
     without regard to the provisions of chapter 51 and subchapter 
     III of chapter 53 of such title, relating to classification 
     and General Schedule pay rates.

     SEC. 8. DEFINITIONS.

       For purposes of this Act:
       (1) The term ``Board of Regents'' means the Board of 
     Regents of the Smithsonian Institution.
       (2) The term ``Board of Trustees'' means the Board of 
     Trustees of the National African American Museum established 
     in section 5(a).
       (3) The term ``Museum'' means the National African American 
     Museum established under section 3(a).
       (4) The term ``Arts and Industries Building'' means the 
     building located on the Mall at 900 Jefferson Drive, S.W. in 
     Washington, the District of Columbia.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary only for costs directly relating to the operation 
     and maintenance of the Museum.
  The PRESIDING OFFICER (Mr. LAUTENBERG). The Senator from Illinois,
  Mr. SIMON. Mr. President, I am offering this amendment in behalf of 
Senator McCain, Senator Moseley-Braun, and myself.
  This is an amendment that is supported by Smithsonian. They have 
$475,000 that has been set aside for planning for this from 1994 
appropriations. They have assured the Appropriations Committee that in 
the next 5 years it will take no additional funding. They are going to 
use existing space and existing budget.
  Now, why do we have an African-American museum?
  There are two American groups that have had very distinctive 
histories. One is the American Indians, native Americans, and 
Smithsonian does have a museum for native Americans, and it is 
universally applauded.
  They believe and I believe, and the Rules Committee, which 
unanimously supported this--and I might add this passed the United 
States Senate here 2 years ago. I do not think there was a vote against 
it. I cannot recall. It was by voice vote.
  But it was stopped in the House by someone who felt we were not doing 
enough.
  I think Smithsonian makes sense in their request. The funds are there 
for the planning. I think we ought to go ahead.
  This is something that is universally applauded, with the exception 
of my friend, and he is my friend, from North Carolina, Senator Jesse 
Helms, who strongly opposes it.
  Today, the Washington Post had an editorial endorsing it along with 
many others. But that is the sum and substance of this.
  I yield the floor to my colleague from Illinois who will offer an 
amendment in the nature of a substitute.
  The PRESIDING OFFICER. The Senator from Illinois.

                          ____________________