[104th Congress Public Law 4]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ4.104]
UNFUNDED MANDATES REFORM ACT OF 1995
[[Page 109 STAT. 48]]
Public Law 104-4
104th Congress
An Act
To curb the practice of imposing unfunded Federal mandates on States and
local governments; to strengthen the partnership between the Federal
Government and State, local and tribal governments; to end the
imposition, in the absence of full consideration by Congress, of Federal
mandates on State, local, and tribal governments without adequate
funding, in a manner that may displace other essential governmental
priorities; and to ensure that the Federal Government pays the costs
incurred by those governments in complying with certain requirements
under Federal statutes and regulations, and for other
purposes. <<NOTE: Mar. 22, 1995 - [S. 1]>>
<<NOTE: Unfunded Mandates Reform Act of 1995.>> Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. <<NOTE: 2 USC 1501 note.>> SHORT TITLE.
This Act may be cited as the ``Unfunded Mandates Reform Act of
1995''.
SEC. 2. <<NOTE: 2 USC 1501.>> 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;
[[Page 109 STAT. 49]]
(6) to establish a point-of-order vote on the consideration
in the Senate and House of Representatives of legislation
containing significant Federal intergovernmental mandates
without providing adequate funding to comply with such mandates;
(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 estimates of the budgetary impact of
regulations containing Federal mandates upon State,
local, and tribal governments and the private sector
before adopting such regulations, and ensuring that
small governments are given special consideration in
that process; and
(8) to begin consideration of the effect of previously
imposed Federal mandates, including the impact on State, local,
and tribal governments of Federal court interpretations of
Federal statutes and regulations that impose Federal
intergovernmental mandates.
SEC. 3. <<NOTE: 2 USC 1502.>> DEFINITIONS.
For purposes of this Act--
(1) except as provided in section 305 of this Act, the terms
defined under section 421 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. <<NOTE: 2 USC 1503.>> EXCLUSIONS.
This Act shall not apply to any provision in a bill, joint
resolution, amendment, motion, or conference report before Congress and
any provision in a proposed or final Federal regulation that--
(1) enforces constitutional rights of individuals;
(2) establishes or enforces any statutory rights that
prohibit discrimination on the basis of race, color, religion,
sex, national origin, age, handicap, or disability;
(3) requires compliance with accounting and auditing
procedures with respect to grants or other money or property
provided by the Federal 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;
(6) the President designates as emergency legislation and
that the Congress so designates in statute; or
(7) relates to the old-age, survivors, and disability
insurance program under title II of the Social Security Act
(including taxes imposed by sections 3101(a) and 3111(a) of the
Internal Revenue Code of 1986 (relating to old-age, survivors,
and disability insurance)).
[[Page 109 STAT. 50]]
SEC. 5. <<NOTE: 2 USC 1504.>> AGENCY ASSISTANCE.
Each agency shall provide to the Director such information and
assistance as the Director may reasonably request to assist the Director
in carrying out this Act.
TITLE I--LEGISLATIVE ACCOUNTABILITY AND REFORM
SEC. 101. LEGISLATIVE MANDATE ACCOUNTABILITY AND REFORM.
(a) In General.--Title IV of the Congressional Budget and
Impoundment Control Act of 1974 is amended by--
(1) inserting before section 401 the following:
``Part A--General Provisions''; and
(2) adding at the end thereof the following new part:
``Part B--Federal Mandates
``SEC. 421. <<NOTE: 2 USC 658.>> DEFINITIONS.
``For purposes of this part:
``(1) Agency.--The term `agency' has the same meaning as
defined in section 551(1) of title 5, United States Code, but
does not include independent regulatory agencies.
``(2) Amount.--The term `amount', with respect to an
authorization of appropriations for Federal financial
assistance, means the amount of budget authority for any Federal
grant assistance program or any Federal program providing loan
guarantees or direct loans.
``(3) Direct costs.--The term `direct costs'--
``(A)(i) in the case of a Federal intergovernmental
mandate, means the aggregate estimated amounts that all
State, local, and tribal governments would be required
to spend or would be prohibited from raising in revenues
in order to comply with the Federal intergovernmental
mandate; or
``(ii) in the case of a provision referred to in
paragraph (5)(A)(ii), means the amount of Federal
financial assistance eliminated or reduced;
``(B) in the case of a Federal private sector
mandate, means 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 be determined on the assumption that--
``(i) 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; and
``(ii) reasonable steps to mitigate the costs
shall not include increases in State, local, or
tribal taxes or fees; and
``(D) shall not include--
``(i) estimated amounts that the State, local,
and tribal governments (in the case of a Federal
intergov
[[Page 109 STAT. 51]]
ernmental mandate) or the private sector (in the
case of a Federal private sector mandate) would
spend--
``(I) to comply with or carry out
all applicable Federal, State, local,
and tribal laws and regulations in
effect at the time of the adoption of
the Federal mandate for the same
activity as is affected by that Federal
mandate; or
``(II) to comply with or carry out
State, local, and tribal governmental
programs, or private-sector business or
other activities in effect at the time
of the adoption of the Federal mandate
for the same activity as is affected by
that mandate; or
``(ii) expenditures to the extent that such
expenditures will be offset by any direct savings
to the State, local, and tribal governments, or by
the private sector, as a result of--
``(I) compliance with the Federal
mandate; or
``(II) other changes in Federal law
or regulation that are enacted or
adopted in the same bill or joint
resolution or proposed or final Federal
regulation and that govern the same
activity as is affected by the Federal
mandate.
``(4) Direct savings.--The term `direct savings', when used
with respect to the result of compliance with the Federal
mandate--
``(A) in the case of a Federal intergovernmental
mandate, means the aggregate estimated reduction in
costs to any State, local, or tribal government as a
result of compliance with the Federal intergovernmental
mandate; and
``(B) in the case of a Federal private sector
mandate, means the aggregate estimated reduction in
costs to the private sector as a result of compliance
with the Federal private sector mandate.
``(5) Federal intergovernmental mandate.--The term `Federal
intergovernmental mandate' means--
``(A) any provision in legislation, statute, or
regulation that--
``(i) would impose an enforceable duty upon
State, local, or tribal governments, except--
``(I) a condition of Federal
assistance; or
``(II) a duty arising from
participation in a voluntary Federal
program, except as provided in
subparagraph (B)); or
``(ii) would reduce or eliminate the amount of
authorization of appropriations for--
``(I) Federal financial assistance
that would be provided to State, local,
or tribal governments for the purpose of
complying with any such previously
imposed duty unless such duty is reduced
or eliminated by a corresponding amount;
or
``(II) the control of borders by the
Federal Government; or reimbursement to
State, local, or tribal governments for
the net cost associated with illegal,
deportable, and excludable aliens,
including court-mandated expenses
related to emergency
[[Page 109 STAT. 52]]
health care, education or criminal
justice; when such a reduction or
elimination would result in increased
net costs to State, local, or tribal
governments in providing education or
emergency health care to, or
incarceration of, illegal aliens; except
that this subclause shall not be in
effect with respect to a State, local,
or tribal government, to the extent that
such government has not fully cooperated
in the efforts of the Federal Government
to locate, apprehend, and deport illegal
aliens;
``(B) any provision in legislation, statute, or
regulation that relates to a then-existing Federal
program under which $500,000,000 or more is provided
annually to State, local, and tribal governments under
entitlement authority, if the provision--
``(i)(I) would increase the stringency of
conditions of assistance to State, local, or
tribal governments under the program; or
``(II) would place caps upon, or otherwise
decrease, the Federal Government's responsibility
to provide funding to State, local, or tribal
governments under the program; and
``(ii) the State, local, or tribal governments
that participate in the Federal program lack
authority under that program to amend their
financial or programmatic responsibilities to
continue providing required services that are
affected by the legislation, statute, or
regulation.
``(6) Federal mandate.--The term `Federal mandate' means a
Federal intergovernmental mandate or a Federal private sector
mandate, as defined in paragraphs (5) and (7).
``(7) Federal private sector mandate.--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.
``(8) Local government.--The term `local government' has the
same meaning as defined in section 6501(6) of title 31, United
States Code.
``(9) Private sector.--The term `private sector' means all
persons or entities in the United States, including individuals,
partnerships, associations, corporations, and educational and
nonprofit institutions, but shall not include State, local, or
tribal governments.
``(10) Regulation; rule.--The term `regulation' or `rule'
(except with respect to a rule of either House of the Congress)
has the meaning of `rule' as defined in section 601(2) of title
5, United States Code.
[[Page 109 STAT. 53]]
``(11) Small government.--The term `small government' means
any small governmental jurisdictions defined in section 601(5)
of title 5, United States Code, and any tribal government.
``(12) State.--The term `State' has the same meaning as
defined in section 6501(9) of title 31, United States Code.
``(13) Tribal government.--The term `tribal government'
means any Indian tribe, band, nation, or other organized group
or community, including any Alaska Native village or regional or
village corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C.
1601 et seq.) which is recognized as eligible for the special
programs and services provided by the United States to Indians
because of their special status as Indians.
``SEC. 422. <<NOTE: 2 USC 658a.>> EXCLUSIONS.
``This part shall not apply to any provision in a bill, joint
resolution, amendment, motion, or conference report before Congress
that--
``(1) enforces constitutional rights of individuals;
``(2) establishes or enforces any statutory rights that
prohibit discrimination on the basis of race, color, religion,
sex, national origin, age, handicap, or disability;
``(3) requires compliance with accounting and auditing
procedures with respect to grants or other money or property
provided by the Federal 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;
``(6) the President designates as emergency legislation and
that the Congress so designates in statute; or
``(7) relates to the old-age, survivors, and disability
insurance program under title II of the Social Security Act
(including taxes imposed by sections 3101(a) and 3111(a) of the
Internal Revenue Code of 1986 (relating to old-age, survivors,
and disability insurance)).
``SEC. 423. <<NOTE: 2 USC 658b.>> DUTIES OF CONGRESSIONAL COMMITTEES.
``(a) 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 subsections (c) and (d).
``(b) 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.
``(c) Reports on Federal Mandates.--Each report described under
subsection (a) shall contain--
``(1) an identification and description of any Federal
mandates in the bill or joint resolution, including the direct
costs to State, local, and tribal governments, and to the
private sector, required to comply with the Federal mandates;
[[Page 109 STAT. 54]]
``(2) 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
``(3) 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 section
425(a)(2) would affect the competitive balance between State,
local, or tribal governments and the private sector 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.
``(d) Intergovernmental Mandates.--If any of the Federal mandates in
the bill or joint resolution are Federal intergovernmental mandates, the
report required under subsection (a) shall also contain--
``(1)(A) 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;
``(B) 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
``(C) if funded in whole or in part, a statement of whether
and how the committee has created a mechanism to allocate the
funding in a manner that is reasonably consistent with the
expected direct costs among and between the respective levels of
State, local, and tribal government; and
``(2) any existing sources of Federal assistance in addition
to those identified in paragraph (1) that may assist State,
local, and tribal governments in meeting the direct costs of the
Federal intergovernmental mandates.
``(e) 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 is intended to preempt any State,
local, or tribal law, and, if so, an explanation of the effect of such
preemption.
``(f) Publication of Statement From the Director.--
``(1) In general.--Upon receiving a statement from the
Director under section 424, 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.
<<NOTE: Congressional Record, publication.>> ``(2) Other
publication of statement of director.--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
[[Page 109 STAT. 55]]
statement, or a summary thereof, to be published in the
Congressional Record in advance of floor consideration of the
bill or joint resolution.
``SEC. 424. <<NOTE: 2 USC 658c.>> DUTIES OF THE DIRECTOR; STATEMENTS ON
BILLS AND JOINT RESOLUTIONS OTHER THAN APPROPRIATIONS BILLS
AND JOINT RESOLUTIONS.
``(a) 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:
``(1) Contents.--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.
``(2) Estimates.--Estimates required under paragraph (1)
shall include estimates (and brief explanations of the basis of
the estimates) of--
``(A) the total amount of direct cost of complying
with the Federal intergovernmental mandates in the bill
or joint resolution;
``(B) if the bill or resolution contains an
authorization of appropriations under section
425(a)(2)(B), the amount of new budget authority for
each fiscal year for a period not to exceed 10 years
beyond the effective date necessary for the direct cost
of the intergovernmental mandate; and
``(C) 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.
``(3) Estimate not feasible.--If the Director determines
that it is not feasible to make a reasonable estimate that would
be required under paragraphs (1) and (2), 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 under this part shall
lie only under section 425(a)(1) and as if the requirement of
section 425(a)(1) had not been met.
``(b) Federal Private Sector Mandates in Reported Bills and Joint
Resolutions.--For each bill or joint resolution of a public character
reported by any committee of authorization of the Senate or the House of
Representatives, the Director of the Congressional Budget Office shall
prepare and submit to the committee a statement as follows:
``(1) Contents.--If the Director estimates that the direct
cost of all Federal private sector mandates in the bill or joint
[[Page 109 STAT. 56]]
resolution will equal or exceed $100,000,000 (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.
``(2) Estimates.--Estimates required under paragraph (1)
shall include estimates (and a brief explanation of the basis of
the estimates) of--
``(A) the total amount of direct costs of complying
with the Federal private sector mandates in the bill or
joint resolution; and
``(B) 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.
``(3) Estimate not feasible.--If the Director determines
that it is not feasible to make a reasonable estimate that would
be required under paragraphs (1) and (2), 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.
``(c) 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 subsections (a) and (b), the
Director shall so state and shall briefly explain the basis of the
estimate.
``(d) Amended Bills and Joint Resolutions; Conference Reports.--If a
bill or joint resolution is passed in an amended form (including if
passed by one House as an amendment in the nature of a substitute for
the text of a bill or joint resolution from the other House) or is
reported by a committee of conference in amended form, and the amended
form contains a Federal mandate not previously considered by either
House or which contains an increase in the direct cost of a previously
considered Federal mandate, then the committee of conference shall
ensure, to the greatest extent practicable, that the Director shall
prepare a statement as provided in this subsection or a supplemental
statement for the bill or joint resolution in that amended form.
``SEC. 425. <<NOTE: 2 USC 658d.>> LEGISLATION SUBJECT TO POINT OF ORDER.
``(a) In General.--It shall not be in order in the Senate or the
House of Representatives to consider--
``(1) 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 section 423(f) before such consideration, except this
paragraph shall not apply to any supplemental statement prepared
by the Director under section 424(d); and
``(2) 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 section 424(a)(1) to be exceeded,
unless--
[[Page 109 STAT. 57]]
``(A) the bill, joint resolution, amendment, motion,
or conference report provides new budget authority or
new entitlement authority in the House of
Representatives or direct spending authority in the
Senate for each fiscal year for such mandates included
in the bill, joint resolution, amendment, motion, or
conference report in an amount equal to or exceeding the
direct costs of such mandate; or
``(B) the bill, joint resolution, amendment, motion,
or conference report includes an authorization for
appropriations in an amount equal to or exceeding the
direct costs of such mandate, and--
``(i) identifies a specific dollar amount of
the direct costs of such mandate for each year up
to 10 years during which such 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 subsection (e) for each fiscal
year;
``(ii) identifies any appropriation bill that
is expected to provide for Federal funding of the
direct cost referred to under clause (i); and
``(iii)(I) provides that for any fiscal year
the responsible Federal agency shall determine
whether there are insufficient appropriations for
that fiscal year to provide for the direct costs
under clause (i) of such mandate, and shall (no
later than 30 days after the beginning of the
fiscal year) notify the appropriate authorizing
committees of Congress of the determination and
submit either--
``(aa) a statement that the agency
has determined, based on a re-estimate
of the direct costs of such mandate,
after consultation with State, local,
and tribal governments, that the amount
appropriated is sufficient to pay for
the direct costs of such mandate; or
``(bb) legislative recommendations
for either implementing a less costly
mandate or making such mandate
ineffective for the fiscal year;
``(II) provides for expedited procedures for
the consideration of the statement or legislative
recommendations referred to in subclause (I) by
Congress no later than 30 days after the statement
or recommendations are submitted to Congress; and
<<NOTE: Termination date.>> ``(III) provides
that such mandate shall--
``(aa) in the case of a statement
referred to in subclause (I)(aa), cease
to be effective 60 days after the
statement is submitted unless Congress
has approved the agency's determination
by joint resolution during the 60-day
period;
``(bb) cease to be effective 60 days
after the date the legislative
recommendations of the responsible
Federal agency are submitted to Congress
under subclause (I)(bb) unless Congress
provides otherwise by law; or
[[Page 109 STAT. 58]]
``(cc) in the case that such mandate
that has not yet taken effect, continue
not to be effective unless Congress
provides otherwise by law.
``(b) Rule of Construction.--The provisions of subsection
(a)(2)(B)(iii) shall not be construed to prohibit or otherwise restrict
a State, local, or tribal government from voluntarily electing to remain
subject to the original Federal intergovernmental mandate, complying
with the programmatic or financial responsibilities of the original
Federal intergovernmental mandate and providing the funding necessary
consistent with the costs of Federal agency assistance, monitoring, and
enforcement.
``(c) Committee on Appropriations.--
``(1) Application.--The provisions of subsection (a)--
``(A) shall not apply to any bill or resolution
reported by the Committee on Appropriations of the
Senate or the House of Representatives; except
``(B) shall apply to--
``(i) any legislative provision increasing
direct costs of a Federal intergovernmental
mandate contained in any bill or resolution
reported by the Committee on Appropriations of the
Senate or House of Representatives;
``(ii) any legislative provision increasing
direct costs of a Federal intergovernmental
mandate contained in any amendment offered to a
bill or resolution reported by the Committee on
Appropriations of the Senate or House of
Representatives;
``(iii) any legislative provision increasing
direct costs of a Federal intergovernmental
mandate in a conference report accompanying a bill
or resolution reported by the Committee on
Appropriations of the Senate or House of
Representatives; and
``(iv) any legislative provision increasing
direct costs of a Federal intergovernmental
mandate contained in any amendments in
disagreement between the two Houses to any bill or
resolution reported by the Committee on
Appropriations of the Senate or House of
Representatives.
``(2) Certain provisions stricken in senate.--Upon a point
of order being made by any Senator against any provision listed
in paragraph (1)(B), and the point of order being sustained by
the Chair, such specific provision shall be deemed stricken from
the bill, resolution, amendment, amendment in disagreement, or
conference report and may not be offered as an amendment from
the floor.
``(d) Determinations of Applicability to Pending Legislation.--For
purposes of this section, 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
part to a pending bill, joint resolution, amendment, motion, or
conference report.
``(e) Determinations of Federal Mandate Levels.--For purposes of
this section, 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.
[[Page 109 STAT. 59]]
``SEC. 426. <<NOTE: 2 USC 658e.>> PROVISIONS RELATING TO THE HOUSE OF
REPRESENTATIVES.
``(a) Enforcement in the House of Representatives.--It shall not be
in order in the House of Representatives to consider a rule or order
that waives the application of section 425.
``(b) Disposition of Points of Order.--
``(1) Application to the house of representatives.--This
subsection shall apply only to the House of Representatives.
``(2) Threshold burden.--In order to be cognizable by the
Chair, a point of order under section 425 or subsection (a) of
this section must specify the precise language on which it is
premised.
``(3) Question of consideration.--As disposition of points
of order under section 425 or subsection (a) of this section,
the Chair shall put the question of consideration with respect
to the proposition that is the subject of the points of order.
``(4) Debate and intervening motions.--A question of
consideration under this section shall be debatable for 10
minutes by each Member initiating a point of order and for 10
minutes by an opponent on each point of order, but shall
otherwise be decided without intervening motion except one that
the House adjourn or that the Committee of the Whole rise, as
the case may be.
``(5) Effect on amendment in order as original text.--The
disposition of the question of consideration under this
subsection with respect to a bill or joint resolution shall be
considered also to determine the question of consideration under
this subsection with respect to an amendment made in order as
original text.
``SEC. 427. <<NOTE: 2 USC 658f.>> REQUESTS TO THE CONGRESSIONAL BUDGET
OFFICE FROM SENATORS.
``At the written request of a Senator, the Director shall, to the
extent practicable, prepare an estimate of the direct costs of a Federal
intergovernmental mandate contained in an amendment of such Senator.
``SEC. 428. <<NOTE: 2 USC 658g.>> CLARIFICATION OF APPLICATION.
``(a) In General.--This part applies to any bill, joint resolution,
amendment, motion, or conference report that reauthorizes
appropriations, or that amends existing authorizations of
appropriations, to carry out any statute, or that otherwise amends any
statute, only if enactment of the bill, joint resolution, amendment,
motion, or conference report--
``(1) would result in a net reduction in or elimination of
authorization of appropriations for Federal financial assistance
that would be provided to State, local, or tribal governments
for use for the purpose of complying with any Federal
intergovernmental mandate, or to the private sector for use to
comply with any Federal private sector mandate, and would not
eliminate or reduce duties established by the Federal mandate by
a corresponding amount; or
``(2) would result in a net increase in the aggregate amount
of direct costs of Federal intergovernmental mandates or Federal
private sector mandates other than as described in paragraph
(1).
[[Page 109 STAT. 60]]
``(b) Direct Costs.--
``(1) In general.--For purposes of this part, the direct
cost of the Federal mandates in a bill, joint resolution,
amendment, motion, or conference report that reauthorizes
appropriations, or that amends existing authorizations of
appropriations, to carry out a statute, or that otherwise amends
any statute, means the net increase, resulting from enactment of
the bill, joint resolution, amendment, motion, or conference
report, in the amount described under paragraph (2)(A) over the
amount described under paragraph (2)(B).
``(2) Amounts.--The amounts referred to under paragraph (1)
are--
``(A) the aggregate amount of direct costs of
Federal mandates that would result under the statute if
the bill, joint resolution, amendment, motion, or
conference report is enacted; and
``(B) the aggregate amount of direct costs of
Federal mandates that would result under the statute if
the bill, joint resolution, amendment, motion, or
conference report were not enacted.
``(3) Extension of authorization of appropriations.--For
purposes of this section, in the case of legislation to extend
authorization of appropriations, the authorization level that
would be provided by the extension shall be compared to the
authorization level for the last year in which authorization of
appropriations is already provided.''.
(b) Technical and Conforming Amendments.--Section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended--
(1) by inserting ``Part A--General Provisions'' before the
item relating to section 401; and
(2) by inserting after the item relating to section 407 the
following:
``Part B--Federal Mandates
``Sec. 421. Definitions.
``Sec. 422. Exclusions.
``Sec. 423. Duties of congressional committees.
``Sec. 424. Duties of the Director; statements on bills and joint
resolutions other than appropriations bills and joint
resolutions.
``Sec. 425. Legislation subject to point of order.
``Sec. 426. Provisions relating to the House of Representatives.
``Sec. 427. Requests to the Congressional Budget Office from Senators.
``Sec. 428. Clarification of application.''.
SEC. 102. ASSISTANCE TO COMMITTEES AND STUDIES.
The Congressional Budget and Impoundment Control Act of 1974 is
amended--
<<NOTE: 2 USC 602.>> (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--
[[Page 109 STAT. 61]]
``(A) a significant budgetary impact on State,
local, or tribal governments;
``(B) a significant financial impact on the private
sector; or
``(C) a significant employment impact on the private
sector.''; and
(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 legislative
proposal containing a Federal mandate.
``(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
[[Page 109 STAT. 62]]
``(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
<<NOTE: 2 USC 632.>> (2) in section 301(d) by adding at the
end thereof the following new sentence: ``Any Committee of the
House of Representatives or the Senate that anticipates that the
committee will consider any proposed legislation establishing,
amending, or reauthorizing any Federal program likely to have a
significant budgetary impact on any State, local, or tribal
government, or likely to have a significant financial impact on
the private sector, including any legislative proposal submitted
by the executive branch likely to have such a budgetary or
financial impact, shall include its views and estimates on that
proposal to the Committee on the Budget of the applicable
House.''.
SEC. 103. <<NOTE: 2 USC 1511.>> COST OF REGULATIONS.
(a) Sense of the Congress.--It is the sense of the Congress that
Federal agencies should review and evaluate planned regulations to
ensure that the cost estimates provided by the Congressional Budget
Office will be carefully considered as regulations are promulgated.
(b) Statement of Cost.--At the request of a committee chairman or
ranking minority member, the Director shall, to the extent practicable,
prepare a comparison between--
(1) an estimate by the relevant agency, prepared under
section 202 of this Act, of the costs of regulations
implementing an Act containing a Federal mandate; and
(2) the cost estimate prepared by the Congressional Budget
Office for such Act when it was enacted by the Congress.
(c) Cooperation of Office of Management and Budget.--At the request
of the Director of the Congressional Budget Office, the Director of the
Office of Management and Budget shall provide data and cost estimates
for regulations implementing an Act containing a Federal mandate covered
by part B of title IV of the Congressional Budget and Impoundment
Control Act of 1974 (as added by section 101 of this Act).
SEC. 104. REPEAL OF CERTAIN ANALYSIS BY CONGRESSIONAL BUDGET OFFICE.
Section 403 of the Congressional Budget and Impoundment Control Act
of 1974 is amended-- <<NOTE: 2 USC 653.>>
(1) in subsection (a)--
(A) by striking out paragraph (2);
(B) in paragraph (3) by striking out ``paragraphs
(1) and (2)'' and inserting in lieu thereof ``paragraph
(1)''; and
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively;
(2) by striking out ``(a)''; and
(3) by striking out subsections (b) and (c).
SEC. 105. <<NOTE: 2 USC 1512.>> CONSIDERATION FOR FEDERAL FUNDING.
Nothing in this Act shall preclude a State, local, or tribal
government that already complies with all or part of the Federal
intergovernmental mandates included in the bill, joint resolution,
amendment, motion, or conference report from consideration for
[[Page 109 STAT. 63]]
Federal funding under section 425(a)(2) of the Congressional Budget and
Impoundment Control Act of 1974 (as added by section 101 of this Act)
for the cost of the mandate, including the costs the State, local, or
tribal government is currently paying and any additional costs necessary
to meet the mandate.
SEC. 106. <<NOTE: 2 USC 1513.>> IMPACT ON LOCAL GOVERNMENTS.
(a) Findings.--The Senate finds that--
(1) the Congress should be concerned about shifting costs
from Federal to State and local authorities and should be
equally concerned about the growing tendency of States to shift
costs to local governments;
(2) cost shifting from States to local governments has, in
many instances, forced local governments to raise property taxes
or curtail sometimes essential services; and
(3) increases in local property taxes and cuts in essential
services threaten the ability of many citizens to attain and
maintain the American dream of owning a home in a safe, secure
community.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the Federal Government should not shift certain costs to
the State, and States should end the practice of shifting costs
to local governments, which forces many local governments to
increase property taxes;
(2) States should end the imposition, in the absence of full
consideration by their legislatures, of State issued mandates on
local governments without adequate State funding, in a manner
that may displace other essential government priorities; and
(3) one primary objective of this Act and other efforts to
change the relationship among Federal, State, and local
governments should be to reduce taxes and spending at all levels
and to end the practice of shifting costs from one level of
government to another with little or no benefit to taxpayers.
SEC. 107. <<NOTE: 2 USC 1514.>> ENFORCEMENT IN THE HOUSE OF
REPRESENTATIVES.
(a) Motions To Strike in the Committee of the Whole.--Clause 5 of
rule XXIII of the Rules of the House of Representatives is amended by
adding at the end the following:
``(c) In the consideration of any measure for amendment in the
Committee of the Whole containing any Federal mandate the direct costs
of which exceed the threshold in section 424(a)(1) of the Unfunded
Mandate Reform Act of 1995, it shall always be in order, unless
specifically waived by terms of a rule governing consideration of that
measure, to move to strike such Federal mandate from the portion of the
bill then open to amendment.''.
(b) Committee on Rules Reports on Waived Points of Order.--The
Committee on Rules shall include in the report required by clause 1(d)
of rule XI (relating to its activities during the Congress) of the Rules
of the House of Representatives a separate item identifying all waivers
of points of order relating to Federal mandates, listed by bill or joint
resolution number and the subject matter of that measure.
SEC. 108. <<NOTE: 2 USC 1515.>> EXERCISE OF RULEMAKING POWERS.
The provisions of sections 101 and 107 are enacted by Congress--
[[Page 109 STAT. 64]]
(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. 109. <<NOTE: 2 USC 1516.>> 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 title.
SEC. 110. <<NOTE: 2 USC 1511 note.>> EFFECTIVE DATE.
This title shall take effect on January 1, 1996 or on the date 90
days after appropriations are made available as authorized under section
109, whichever is earlier and shall apply to legislation considered on
and after such date.
TITLE II--REGULATORY ACCOUNTABILITY AND REFORM
SEC. 201. <<NOTE: 2 USC 1531.>> REGULATORY PROCESS.
Each agency shall, unless otherwise prohibited by law, assess the
effects of Federal regulatory actions on State, local, and tribal
governments, and the private sector (other than to the extent that such
regulations incorporate requirements specifically set forth in law).
SEC. 202. <<NOTE: 2 USC 1532.>> STATEMENTS TO ACCOMPANY SIGNIFICANT
REGULATORY ACTIONS.
(a) In General.--Unless otherwise prohibited by law, before
promulgating any general notice of proposed rulemaking that is likely to
result in promulgation of any rule that includes any Federal mandate
that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100,000,000
or more (adjusted annually for inflation) in any 1 year, and before
promulgating any final rule for which a general notice of proposed
rulemaking was published, the agency shall prepare a written statement
containing--
(1) an identification of the provision of Federal law under
which the rule is being promulgated;
(2) a qualitative and quantitative assessment of the
anticipated costs and benefits of the Federal mandate, including
the costs and benefits to State, local, and tribal governments
or the private sector, as well as the effect of the Federal
mandate on health, safety, and the natural environment and such
an assessment shall include--
(A) an analysis of the extent to which such costs to
State, local, and tribal governments may be paid with
Federal financial assistance (or otherwise paid for by
the Federal Government); and
[[Page 109 STAT. 65]]
(B) the extent to which there are available Federal
resources to carry out the intergovernmental mandate;
(3) estimates by the agency, if and to the extent that the
agency determines that accurate estimates are reasonably
feasible, of--
(A) the future compliance costs of the Federal
mandate; and
(B) any disproportionate budgetary effects of the
Federal mandate upon any particular regions of the
nation or particular State, local, or tribal
governments, urban or rural or other types of
communities, or particular segments of the private
sector;
(4) estimates by the agency of the effect on the national
economy, such as the effect on productivity, economic growth,
full employment, creation of productive jobs, and international
competitiveness of United States goods and services, if and to
the extent that the agency in its sole discretion determines
that accurate estimates are reasonably feasible and that such
effect is relevant and material; and
(5)(A) a description of the extent of the agency's prior
consultation with elected representatives (under section 204) 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; and
(C) a summary of the agency's evaluation of those comments
and concerns.
(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 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. <<NOTE: 2 USC 1533.>> SMALL GOVERNMENT AGENCY PLAN.
(a) Effects on Small 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--
(1) provide notice of the requirements to potentially
affected small governments, if any;
(2) enable officials of affected small governments to
provide meaningful and timely input in the development of
regulatory proposals containing significant Federal
intergovernmental mandates; and
(3) inform, educate, and advise small governments on
compliance with the requirements.
(b) 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. 204. <<NOTE: 2 USC 1534.>> STATE, LOCAL, AND TRIBAL GOVERNMENT
INPUT.
(a) In General.--Each agency shall, to the extent permitted in law,
develop an effective process to permit elected officers of State, local,
and tribal governments (or their designated employees
[[Page 109 STAT. 66]]
with authority to act on their behalf) to provide meaningful and timely
input in the development of regulatory proposals containing significant
Federal intergovernmental mandates.
(b) Meetings Between State, Local, Tribal and Federal Officers.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
actions in support of intergovernmental communications where--
(1) meetings are held exclusively between Federal officials
and elected officers of State, local, and tribal governments (or
their designated employees with authority to act on their
behalf) acting in their official capacities; and
(2) such meetings are solely for the purposes of exchanging
views, information, or advice relating to the management or
implementation of Federal programs established pursuant to
public law that explicitly or inherently share intergovernmental
responsibilities or administration.
(c) Implementing Guidelines.--No later than 6 months after the date
of enactment of this Act, the President shall issue guidelines and
instructions to Federal agencies for appropriate implementation of
subsections (a) and (b) consistent with applicable laws and regulations.
SEC. 205. <<NOTE: 2 USC 1535.>> LEAST BURDENSOME OPTION OR EXPLANATION
REQUIRED.
(a) In General.--Except as provided in subsection (b), before
promulgating any rule for which a written statement is required under
section 202, the agency shall identify and consider a reasonable number
of regulatory alternatives and from those alternatives select the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule, for--
(1) State, local, and tribal governments, in the case of a
rule containing a Federal intergovernmental mandate; and
(2) the private sector, in the case of a rule containing a
Federal private sector mandate.
(b) Exception.--The provisions of subsection (a) shall apply
unless--
(1) the head of the affected agency publishes with the final
rule an explanation of why the least costly, most cost-effective
or least burdensome method of achieving the objectives of the
rule was not adopted; or
(2) the provisions are inconsistent with law.
(c) OMB Certification.--No later than 1 year after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall certify to Congress, with a written explanation, agency
compliance with this section and include in that certification agencies
and rulemakings that fail to adequately comply with this section.
SEC. 206. <<NOTE: 2 USC 1536.>> 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.
[[Page 109 STAT. 67]]
SEC. 207. <<NOTE: 2 USC 1537.>> PILOT PROGRAM ON SMALL GOVERNMENT
FLEXIBILITY.
(a) In General.--The Director of the Office of Management and
Budget, in consultation with Federal agencies, shall establish pilot
programs in at least 2 agencies to test innovative, and more flexible
regulatory approaches that--
(1) reduce reporting and compliance burdens on small
governments; and
(2) meet overall statutory goals and objectives.
(b) Program Focus.--The pilot programs shall focus on rules in
effect or proposed rules, or a combination thereof.
SEC. 208. <<NOTE: Reports.>> ANNUAL STATEMENTS TO CONGRESS ON AGENCY
COMPLIANCE.
<<NOTE: 2 USC 1538.>> No later than 1 year after the effective date
of this title and annually thereafter, the Director of the Office of
Management and Budget shall submit to the Congress, including the
Committee on Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of Representatives, a
written report detailing compliance by each agency during the preceding
reporting period with the requirements of this title.
SEC. 209. <<NOTE: 2 USC 1531 note.>> EFFECTIVE DATE.
This title and the amendments made by this title shall take effect
on the date of the enactment of this Act.
TITLE III--REVIEW OF FEDERAL MANDATES
SEC. 301. <<NOTE: 2 USC 1551.>> BASELINE STUDY OF COSTS AND BENEFITS.
(a) In General.--No later than 18 months 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 complete 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. <<NOTE: 2 USC 1552.>> REPORT ON 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 Federal mandates in
intergovernmental relations and their impact on State, local,
tribal, and Federal government objectives and responsibilities,
and their impact on the competitive balance between State,
local, and tribal governments, and the private sector and
consider views of and the impact on working men and women on
those same matters;
[[Page 109 STAT. 68]]
(2) investigate and review the role of unfunded State
mandates imposed on local governments;
(3) make recommendations to the President and the Congress
regarding--
(A) allowing flexibility for State, local, and
tribal governments in complying with specific Federal
mandates for which terms of compliance are unnecessarily
rigid or complex;
(B) reconciling any 2 or more Federal mandates which
impose contradictory or inconsistent requirements;
(C) terminating Federal mandates which are
duplicative, obsolete, or lacking in practical utility;
(D) suspending, on a temporary basis, 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 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;
(F) establishing common Federal definitions or
standards to be used by State, local, and tribal
governments in complying with Federal mandates that use
different definitions or standards for the same terms or
principles; and
(G)(i) the mitigation of negative impacts on the
private sector that may result from relieving State,
local, and tribal governments from Federal mandates (if
and to the extent that such negative impacts exist on
the private sector); and
(ii) the feasibility of applying relief from Federal
mandates in the same manner and to the same extent to
private sector entities as such relief is applied to
State, local, and tribal governments; and
(4) identify and consider in each recommendation made under
paragraph (3), to the extent practicable--
(A) the specific Federal mandates to which the
recommendation applies, including requirements of the
departments, agencies, and other entities of the Federal
Government that State, local, and tribal governments
utilize metric systems of measurement; and
(B) any negative impact on the private sector that
may result from implementation of the recommendation.
(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 no 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.--No 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);
[[Page 109 STAT. 69]]
(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.--No later than 9 months after the date of
the enactment of this Act, the Commission shall--
<<NOTE: Publication.>> (A) prepare and publish a
preliminary report on its activities under this title,
including preliminary recommendations pursuant to
subsection (a);
<<NOTE: Federal Register, publication.>> (B) publish
in the Federal Register a notice of availability of the
preliminary report; and
<<NOTE: Public information.>> (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.--No 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, the
Committee on Governmental Affairs of the Senate, the Committee on the
Budget of the Senate, and the Committee on the Budget of the House of
Representatives, and to the President a final report on the findings,
conclusions, and recommendations of the Commission under this section.
(e) Priority to Mandates That Are Subject of Judicial Proceedings.--
In carrying out this section, the Advisory Commission shall give the
highest priority to immediately investigating, reviewing, and making
recommendations regarding Federal mandates that are the subject of
judicial proceedings between the United States and a State, local, or
tribal government.
(f) Definition.--For purposes of this section the term ``State
mandate'' means any provision in a State statute or regulation that
imposes an enforceable duty on local governments, the private sector, or
individuals, including a condition of State assistance or a duty arising
from participation in a voluntary State program.
SEC. 303. <<NOTE: 2 USC 1553.>> 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) Administrative Support Services.--Upon the request of the
Advisory Commission, the Administrator of General Services shall provide
to the Advisory Commission, on a reimbursable basis, the administrative
support services necessary for the Advisory Commission to carry out its
duties under this title.
(d) Contract Authority.--The Advisory Commission may, subject to
appropriations, contract with and compensate government
[[Page 109 STAT. 70]]
and private persons (including agencies) for property and services used
to carry out its duties under this title.
SEC. 304. <<NOTE: 2 USC 1554.>> ANNUAL REPORT TO CONGRESS REGARDING
FEDERAL COURT RULINGS.
No later than 4 months after the date of enactment of this Act, and
no later than March 15 of each year thereafter, the Advisory Commission
on Intergovernmental Relations 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 report describing any Federal court case to which
a State, local, or tribal government was a party in the preceding
calendar year that required such State, local, or tribal government to
undertake responsibilities or activities, beyond those such government
would otherwise have undertaken, to comply with Federal statutes and
regulations.
SEC. 305. <<NOTE: 2 USC 1555.>> DEFINITION.
Notwithstanding section 3 of this Act, for purposes of this title
the term ``Federal mandate'' means any provision in statute or
regulation or any Federal court ruling that imposes an enforceable duty
upon State, local, or tribal governments including a condition of
Federal assistance or a duty arising from participation in a voluntary
Federal program.
SEC. 306. <<NOTE: 2 USC 1556.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Advisory Commission
to carry out section 301 and section 302, $500,000 for each of fiscal
years 1995 and 1996.
TITLE IV--JUDICIAL REVIEW
SEC. 401. <<NOTE: 2 USC 1571.>> JUDICIAL REVIEW.
(a) Agency Statements on Significant Regulatory Actions.--
(1) In general.--Compliance or noncompliance by any agency
with the provisions of sections 202 and 203(a) (1) and (2) shall
be subject to judicial review only in accordance with this
section.
(2) Limited review of agency compliance or noncompliance.--
(A) Agency compliance or noncompliance with the provisions of
sections 202 and 203(a) (1) and (2) shall be subject to judicial
review only under section 706(1) of title 5, United States Code,
and only as provided under subparagraph (B).
(B) If an agency fails to prepare the written statement
(including the preparation of the estimates, analyses,
statements, or descriptions) under section 202 or the written
plan under section 203(a) (1) and (2), a court may compel the
agency to prepare such written statement.
(3) Review of agency rules.--In any judicial review under
any other Federal law of an agency rule for which a written
statement or plan is required under sections 202 and 203(a) (1)
and (2), the inadequacy or failure to prepare such statement
(including the inadequacy or failure to prepare any estimate,
analysis, statement or description) or written plan shall not
[[Page 109 STAT. 71]]
be used as a basis for staying, enjoining, invalidating or
otherwise affecting such agency rule.
(4) Certain information as part of record.--Any information
generated under sections 202 and 203(a) (1) and (2) that is part
of the rulemaking record for judicial review under the
provisions of any other Federal law may be considered as part of
the record for judicial review conducted under such other
provisions of Federal law.
(5) Application of other federal law.--For any petition
under paragraph (2) the provisions of such other Federal law
shall control all other matters, such as exhaustion of
administrative remedies, the time for and manner of seeking
review and venue, except that if such other Federal law does not
provide a limitation on the time for filing a petition for
judicial review that is less than 180 days, such limitation
shall be 180 days after a final rule is promulgated by the
appropriate agency.
(6) Effective date.--This subsection shall take effect on
October 1, 1995, and shall apply only to any agency rule for
which a general notice of proposed rulemaking is promulgated on
or after such date.
(b) Judicial Review and Rule of Construction.--Except as provided in
subsection (a)--
(1) any estimate, analysis, statement, description 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; and
(2) no provision 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.
Approved March 22, 1995.
LEGISLATIVE HISTORY--S. 1 (H.R. 5) (S. 169):
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HOUSE REPORTS: Nos. 104-1, Pt. 1 (Comm. on Rules) and Pt. 2 (Comm. on
Government Reform and Oversight), both accompanying H.R. 5, and 104-76
(Comm. of Conference).
SENATE REPORTS: Nos. 104-1 (Comm. on Governmental Affairs) and 104-2
(Comm. on the Budget).
CONGRESSIONAL RECORD, Vol. 141 (1995):
Jan. 12, 13, 17-19, 23-27, considered and passed Senate.
Jan. 19, 20, 23, 24, 27, 30, 31, Feb. 1, considered and
passed House, amended, in lieu of H.R. 5.
Mar. 14, 15, Senate considered and agreed to conference
report.
Mar. 16, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
Mar. 22, Presidential remarks.
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