[Congressional Record Volume 141, Number 14 (Tuesday, January 24, 1995)]
[Senate]
[Pages S1458-S1472]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


                  UNFUNDED MANDATE REFORM ACT OF 1995

                                 ______


                         BYRD AMENDMENT NO. 200

  Mr. BYRD proposed an amendment to the bill (S. 1) 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; as follows:

       On page 23, strike beginning with line 24 through line 6 on 
     page 25 and insert the following:
       ``(IV)(aa) provides that if for any fiscal year the 
     responsible Federal agency determines that an appropriation 
     Act does not provide for the estimated direct costs of the 
     mandate as set forth in subclause (III), 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 legislative 
     recommendations for either implementing a less costly mandate 
     or suspending the mandate for the fiscal year; and
       ``(bb) provides expedited procedures for the consideration 
     of the legislative recommendations referred to in item (aa) 
     by Congress not later than 30 days after the recommendations 
     are submitted to Congress.
                                 ______


                     BOXER AMENDMENTS NOS. 201-202

  Mrs. BOXER proposed two amendments to the bill, S. 1, supra, as 
follows:

                           Amendment No. 201

       On page 42, after line 25, insert the following:
       (e) Immigration Report.--Not later than 3 months after the 
     date of enactment of this Act, the Advisory Commission shall 
     develop a plan for reimbursing State, local, and tribal 
     governments for costs associated with providing services to 
     illegal immigrants based on the best available cost and 
     revenue estimates, including--
       (1) education;
       (2) incarceration; and
       (3) health care.
                                                                    ____

                           Amendment No. 202

       On page 13, line 5, strike ``or'' after the semicolon.
       On page 13, line 8, strike the period and insert ``; or''.
       On page 13, between lines 8 and 9, insert the following:
       ``(7) provides for the protection of the health of children 
     under the age of 5, pregnant women, or the frail elderly.''
            [[Page S1459]] BOXER (AND DODD) AMENDMENT NO. 203

  Mrs. BOXER (for herself and Mr. Dodd) proposed an amendment to the 
bill, S. 1, supra; as follows:

       On page 13, line 5, strike ``or''.
       On page 13, line 8, strike the period and insert ``; or''.
       On page 13, between lines 8 and 9, insert the following new 
     paragraph:
       ``(7) is intended to study, control, deter, prevent, 
     prohibit or otherwise mitigate child pornography, child abuse 
     and illegal child labor.''.
                                 ______


                   WELLSTONE AMENDMENTS NOS. 204-205

  Mr. WELLSTONE proposed two amendments to the bill, S. 1, supra; as 
follows:

                           Amendment No. 204

       Insert at the appropriate place the following:
       ``(  ) The term `direct savings'--
       ``(  ) in the case of a federal intergovernmental mandate, 
     means the aggregate estimated reduction in costs or burdens 
     to any State, local government, or tribal government as a 
     result of compliance with the federal intergovernmental 
     mandate;
       ``(  ) in the case of a Federal private sector mandate, 
     means the aggregate estimated reduction in costs or burdens 
     to the private sector as a result of compliance with the 
     Federal private sector mandate;
       ``(  ) shall be interpreted no less broadly than the terms 
     `Federal mandate direct costs' and `direct costs.'''

                           Amendment No. 205

       Insert at the appropriate place, the following:
       ``(  ) Notwithstanding any other provision of this Act, no 
     point of order under paragraph (1)(A) of Section 408(c) shall 
     be raised where the appropriation of funds to the 
     Congressional Budget Office, in the estimation of the Senate 
     Committee on the Budget, is insufficient to allow the 
     Director reasonably to carry out the Director's 
     responsibilities under this Act.''
                                 ______


                         FORD AMENDMENT NO. 206

  Mr. FORD proposed an amendment to the bill, S. 1, supra; as follows:

       On page 26, strike beginning with line 11 through line 8 on 
     page 27.
                                 ______


                    GRASSLEY AMENDMENTS NOS. 207-208

  Mr. GRASSLEY proposed two amendments to the bill, S. 1, supra; as 
follows:

                           Amendment No. 207

       On page 32, between lines 5 and 6, insert the following:

     SEC.   . 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 costs of Federal regulations 
     are within the cost estimates provided by the Congressional 
     Budget Office.
       (b) Statement of Cost.--Not later than January 1, 1998, the 
     Director shall submit a report to the Congress including--
       (1) an estimate of the costs of regulations implementing 
     each 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.--The 
     Director of the Office of Management and Budget shall provide 
     to the Director of the Congressional Budget Office data and 
     cost estimates for regulations implementing each 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.
                                                                    ____


                           Amendment No. 208

       On page 26, line 6, redesignate subsection (b) as 
     subsection (c), and insert the following:
       (b) Waiver.--Subsections (c) and (d) of section 904 of the 
     Congressional Budget and Impoundment Control Act of 1974 as 
     amended by inserting ``408(c)(1)(A),'' after ``313,''.
                                 ______


                   KEMPTHORNE AMENDMENTS NOS. 209-210

  Mr. KEMPTHORNE proposed two amendments to the bill S. 1, supra; as 
follows:

                           Amendment No. 209

       On page 26, after line 5, insert the following new 
     subsection:
       ``(  ) Limitation on Application.--This section shall not 
     apply 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 if adoption of the bill, joint resolution, 
     amendment, motion, or conference report--
       ``(1) would not result in a net increase in the aggregate 
     amount of direct costs of Federal intergovernmental mandates; 
     and
       ``(2)(A) would not result in a net reduction or elimination 
     of authorization of appropriations for Federal financial 
     assistance that would be provided to States, local 
     governments, or tribal governments for use to comply with any 
     Federal intergovernmental mandate; or
       ``(B) in the case of any net reduction or elimination of 
     authorizations of appropriations for such Federal financial 
     assistance that would result from such enactment, would 
     reduce the duties imposed by the Federal intergovernmental 
     mandate by as corresponding amount.''
                                                                    ____

                           Amendment No. 210
       Strike out all after the first word and insert the 
     following:

                 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(f) 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 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, 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 of the 
     Congressional Budget Office 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:
     [[Page S1460]] ``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 
     expected 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)(iii)(IV) 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; 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; 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; 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 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 committees 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; 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.
       ``(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 estimated 
     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 estimated 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 estimated direct 
     costs of such mandate, and--
       ``(I) identifies a specific dollar amount estimate of the 
     full direct costs of the mandate for each year or other 
     period 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;
       ``(II) identifies any appropriation bill that is expected 
     to provide for Federal funding of the direct cost referred to 
     under subclause (IV)(aa);
       ``(III) identifies the minimum amount that must be 
     appropriated in each appropriations bill referred to in 
     subclause (II), in order to provide for full Federal funding 
     of the direct costs referred to in subclause (I); and
     [[Page S1461]]   ``(IV)(aa) designates a responsible Federal 
     agency and establishes criteria and procedures under which 
     such agency shall implement less costly programmatic and 
     financial responsibilities of State, local, and tribal 
     governments in meeting the objectives of the mandate, to the 
     extent that an appropriation Act does not provide for the 
     estimated direct costs of such mandate as set forth under 
     subclause (III); or
       ``(bb) designates a responsible Federal agency and 
     establishes criteria and procedures to direct that, if an 
     appropriation Act does not provide for the estimated direct 
     costs of such mandate as set forth under subclause (III), 
     such agency shall declare such mandate to be ineffective as 
     of October 1 of the fiscal year for which the appropriation 
     is not at least equal to the direct costs of the mandate.

       ``(2) Rule of construction.--The provisions of paragraph 
     (1)(B)(iii)(IV)(aa) 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.--Paragraph (1) shall not 
     apply to matters that are within the jurisdiction of the 
     Committee on Appropriations of the Senate or the House of 
     Representatives.
       ``(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) Exclusions.--This section 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, 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.
       ``(f) 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 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
       ``(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 
     governmental, 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' 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 individuals, 
     partnerships, associations, corporations, business trusts, or 
     legal representatives, organized groups of individuals, and 
     educational and other nonprofit institutions.
       ``(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 (83 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 States 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.
       ``(12) The term `regulation' or `rule' has the meaning of 
     `rule' as defined in section 601(2) of title 5, United States 
     Code.''.
       (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. 103. 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.'';
     [[Page S1462]]   (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. 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 sections 101, 102, 103, 104, and 107 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.

       (a) In General.--Section 403 of the Congressional Budget 
     Act of 1974 (2 U.S.C. 653) is repealed.
       (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 striking out 
     the item relating to section 403.

     SEC. 107. EFFECTIVE DATE.

       This title shall take effect on January 1, 1996 and shall 
     apply only to legislation introduced 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--
     [[Page S1463]]   (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.
             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) 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.
       (c) 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.
       (d) 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.
                                 ______


                         DOLE AMENDMENT NO. 211

  Mr. KEMPTHORNE (for Mr. Dole) proposed an amendment to the bill S. 1, 
supra; as follows:

       Strike out all after the first word and insert the 
     following:

                 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.
     [[Page S1464]] SEC. 3. DEFINITIONS.

       For purposes of this Act--
       (1) the terms defined under section 408(f) 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 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, 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 of the 
     Congressional Budget Office 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 
     expected 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)(iii)(IV) 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; 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; 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; 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 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 committees 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; 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.
       ``(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 
     [[Page S1465]] 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 estimated 
     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 estimated 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 estimated direct 
     costs of such mandate, and--
       ``(I) identifies a specific dollar amount estimate of the 
     full direct costs of the mandate for each year or other 
     period 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;
       ``(II) identifies any appropriation bill that is expected 
     to provide for Federal funding of the direct cost referred to 
     under subclause (IV)(aa);
       ``(III) identifies the minimum amount that must be 
     appropriated in each appropriations bill referred to in 
     subclause (II), in order to provide for full Federal funding 
     of the direct costs referred to in subclause (I); and
       ``(IV)(aa) designates a responsible Federal agency and 
     establishes criteria and procedures under which such agency 
     shall implement less costly programmatic and financial 
     responsibilities of State, local, and tribal governments in 
     meeting the objectives of the mandate, to the extent that an 
     appropriation Act does not provide for the estimated direct 
     costs of such mandate as set forth under subclause (III); or
       ``(bb) designates a responsible Federal agency and 
     establishes criteria and procedures to direct that, if an 
     appropriation Act does not provide for the estimated direct 
     costs of such mandate as set forth under subclause (III), 
     such agency shall declare such mandate to be ineffective as 
     of October 1 of the fiscal year for which the appropriation 
     is not at least equal to the direct costs of the mandate.

       ``(2) Rule of construction.--The provisions of paragraph 
     (1)(B)(iii)(IV)(aa) 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.--Paragraph (1) shall not 
     apply to matters that are within the jurisdiction of the 
     Committee on Appropriations of the Senate or the House of 
     Representatives.
       ``(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) Exclusions.--This section 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, 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.
       ``(f) 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 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
       ``(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 
     governmental, 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' 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 individuals, 
     partnerships, associations, corporations, business trusts, or 
     legal representatives, organized groups of individuals, and 
     educational and other nonprofit institutions.
       ``(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 
     [[Page S1466]] corporation as defined in or established 
     pursuant to the Alaska Native Claims Settlement Act (83 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.
       ``(12) The term `regulation' or `rule' has the meaning of 
     `rule' as defined in section 601(2) of title 5, United States 
     Code.''.
       (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. 103. 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. 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 sections 101, 102, 103, 104, and 107 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.

       (a) In General.--Section 403 of the Congressional Budget 
     Act of 1974 (2 U.S.C. 653) is repealed.
       (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 striking out 
     the item relating to section 403.

     SEC. 107. EFFECTIVE DATE.

       This title shall take effect on January 1, 1996 and shall 
     apply only 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 
     [[Page S1467]] 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.
             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) 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.
       (c) 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.
       (d) 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.
                                 ______


                        GLENN AMENDMENT NO. 212

  Mr. GLENN proposed an amendment to the bill, S. 1, supra; as follows:

       On page 5, line 19, strike ``impose'' and insert 
     ``establish''.
       On page 7, line 11, strike ``impose'' and insert 
     ``established''.
       On page 8, line 5, before ``amounts'' insert ``new or 
     additional''.
       On page 8, line 15, before ``amounts'' insert ``new or 
     additional''.
       On page 9, line 7, strike ``or''.
       On page 9, between lines 7 and 8, insert the following:
       ``(II) to comply with or carry out the terms and 
     requirements of any Federal law or regulation (whether 
     expired or still in effect) that is to be reauthorized 
     reenacted replaced or revised by the same bill or joint 
     resolution or proposed or final Federal regulation 
     [[Page S1468]] containing the relevant mandate, calculated as 
     though such terms and requirements were retained and extended 
     without change; or.
       On page 9, line 8, strike ``(II)'' and insert ``(III)''.
       On page 9, line 22, strike ``or''.
       On page 10, line 4, strike ``and'' and insert ``or''.
       On page 10, between lines 4 and 5, insert the following:
       ``(III) any reduction in the duties or responsibilities of 
     States, local governments, and tribal governments or the 
     private sector from levels that would be required under the 
     terms and requirements of any Federal law or regulation 
     (whether expired or still in effect) that is to be 
     reauthorized, reenacted, replaced, or revised by the same 
     bill or joint resolution or proposed or final Federal 
     regulation containing the relevant mandate, calculated as 
     through such terms and requirements were retained and 
     extended without change; and
       On page 10, between lines 14 and 15, insert the following:
       ``For purposes of determining amounts not included in 
     direct costs pursuant to subparagraph (C)(i) and amounts of 
     direct savings pursuant to subparagraph (C)(ii), the amounts 
     that would be needed to comply with or carry out the terms 
     and requirements established by Federal legislation 
     introduced before January 1, 1996, or by Federal regulations 
     adopted before such date shall be calculated without regard 
     to any sunset, expiration, or need for reauthorization 
     applicable to such terms and requirements. Notwithstanding 
     the provisions of subparagraphs (C)(i)(II) and (C)(ii)(III), 
     the amounts that would be needed to comply with or carry out 
     the terms and requirements established by Federal legislation 
     introduced on or after January 1, 1996, or by Federal 
     regulations adopted on or after such date shall be calculated 
     with regard to any sunset, expiration, or need for 
     reauthorization applicable to such terms and requirements.
                                 ______


                         BYRD AMENDMENT NO. 213

  Mr. BYRD proposed an amendment to the bill, S. 1, supra; as follows:

       On page 23, line 17, strike ``(IV)(aa);'' and insert 
     ``(III)(aa); and''.
       On page 23, strike line 18 through line 6 on page 25 and 
     insert the following:
       ``(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 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 legislative recommendations referred to in item (aa) 
     by Congress not later than 30 days after the recommendations 
     are submitted to Congress; and
       ``(cc) provides that such mandate shall be ineffective 
     until such time as Congress has completed action on the 
     recommendations of the responsible Federal agency.
                                 ______


                D'AMATO (AND SARBANES) AMENDMENT NO. 214

  Mr. SARBANES (for Mr. D'Amato, for himself and Mr. Sarbanes) proposed 
an amendment to the bill, S. 1, supra; as follows:

       On page 12, line 3, strike the period after ``Code'' and 
     insert ``, or the Office of the Comptroller of the Currency 
     or the Office of Thrift Supervision.''.
                                 ______


                        GRAMM AMENDMENT NO. 215

  Mr. GRAMM proposed an amendment to the bill, S. 1, supra; as follows:

       ``(2) 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, the committee 
     of conference shall ensure, to the greatest extent 
     practicable, that the Director shall prepare a statement as 
     provided in paragraph (1) or a supplemental statement for the 
     bill or joint resolution in that amended form.''
                                 f_____


                        GRAMM AMENDMENT NO. 216

  Mr. GRAMM proposed an amendment to the bill, S. 1, supra; as follows:

       On page 26, line 6, redesignate subsection (b) as 
     subsection (c), and insert the following:
       (b) Waiver.--Subsections (c) and (d) of section 904 of the 
     Congressional Budget and Impoundment Control Act of 1974 are 
     amended by inserting ``408(c),'' after ``313,''.
                                 ______


                         BYRD AMENDMENT NO. 217

  Mr. BYRD proposed an amendment to the bill, S. 1, supra; as follows:

       On page 5, beginning with line 22, strike out all through 
     line 2 on page 6 and insert in lieu thereof:
       ``(I) a condition of Federal assistance;
       ``(II) a duty arising from participation in a voluntary 
     Federal program, except as provided in subparagraph (B)); or
       ``(III) for purposes of section 408 (c)(1)(B) and (d) only, 
     a duty that establishes or enforces any statutory right of 
     employees in both the public and private sectors with respect 
     to their employment; or
                                 ______


                        LEVIN AMENDMENT NO. 218

  Mr. LEVIN proposed an amendment to the bill, S. 1, supra; as follows:

       Strike out all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Mandate 
     Accountability and Reform Act of 1995''.

     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
     [[Page S1469]]   (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 all 
     persons or entities in the United States, except 
     for State, local or tribal governments, including 
     individuals, partnerships, associations, corporations, and 
     educational and 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, age, 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 
     [[Page S1470]] 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 by the 
     Director annually for inflation using the Consumer Price 
     Index to the nearest $10,000,000) 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 by the Director annually for inflation using the 
     Consumer Price Index to the nearest $10,000,000) 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) direct costs of Federal intergovernmental mandates up 
     to 10 years beyond the effective date to the extent that they 
     significantly differ from 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 by the Director annually for 
     inflation using the Consumer Price Index to the nearest 
     $10,000,000) 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 
     by the Director annually for inflation using the Consumer 
     Price Index to the nearest $10,000,000) 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) costs of Federal private sector mandates up to 10 
     years beyond the effective day to the extent that they differ 
     significantly from 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 this section 
     with respect to Federal intergovernmental or 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 $4,500,000, 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 by the Director 
     annually for inflation using the Consumer Price Index to the 
     nearest $10,000,000) 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 
     [[Page S1471]] 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 January 1, 1996.
             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.
                       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 Advisory Commission on 
     Intergovernmental Relations, 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 Advisory Commission on Intergovernmental Relations 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.

       This Act shall expire December 31, 1998.
                                 ______


                        LEVIN AMENDMENT NO. 219

  Mr. LEVIN proposed an amendment to the bill, S. 1, supra; as follows:

       On page 18, line 25, insert before ``and'' the following: 
     ``but no more than ten years beyond the effective date of the 
     mandate''.
                                 ______


                        BROWN AMENDMENT NO. 220

  Mr. BROWN proposed an amendment to the bill, S. 1, supra; as follows:

       On page 13, insert between lines 13 and 14 the following 
     new section:

     SEC. 6. REVIEW OF IMPLEMENTATION.

       It is the sense of the Senate that before the adjournment 
     of the 106th Congress, the appropriate committees of the 
     Senate should review the implementation of the provisions of 
     this Act with respect to the conduct of the business of the 
     Senate and report thereon to the Senate.
                                 ______


                  BROWN (AND HATCH) AMENDMENT NO. 221

  Mr. BROWN (for himself and Mr. Hatch) proposed an amendment to the 
bill, S. 1, supra; as follows:

        [[Page S1472]] Strike title IV of the bill and insert the 
     following:

                       TITLE IV--JUDICIAL REVIEW

     SEC. 401. JUDICIAL REVIEW.

       (a) In General.--Any statement or report prepared under 
     titles I or III of this Act, and any compliance or 
     noncompliance with the provisions of titles I or III of this 
     Act, and any determination concerning the applicability of 
     the provisions of titles I or III of this Act shall not be 
     subject to judicial review.
       (b) Rule of Construction.--No provision of titles I or III 
     of this Act or amendment made by titles I or III of 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 titles I or III of this Act or 
     amendments made by titles I or III of this Act shall be 
     considered by any court in determining the intent of 
     Congress.
                                 ______


                         ROTH AMENDMENT NO. 222

  Mr. ROTH proposed an amendment to the bill, S. 1, supra; as follows:

       On page 33, strike all on lines 10 through 12, and insert 
     the following:
       This title shall take effect on January 1, 1996, and shall 
     apply to--
       (1) bills and joint resolutions reported, and to amendments 
     and motions offered, on and after such date, and
       (2) conference reports on such legislation.
       

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