Federal Mandate Accountability and Reform Act of 1994

Summary: TABLE OF CONTENTS: 
     Title I:  Legislative Accountability and Reform 
     Title II:  Regulatory Accountability and Reform 
     Title III:  Judicial Review 
     Title IV:  Baseline Study 
Federal Mandate Accountability and Reform Act of 1994 - 
Title I: Legislative Accountability and Reform
 - Requires each congressional committee of authorization to issue with every reported bill containing a Federal mandate an analysis of the fiscal impact of that mandate on State, local, and tribal governments, especially to the extent it:  (1) imposes new enforceable duties; or (2) reduces or eliminates Federal financial assistance. 
(Sec. 102) Requires the Director of the Congressional Budget Office (CBO) to study and report on any proposed legislation establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on State, local, or tribal governments, especially any direct costs below or above $50 million threshold.  Authorizes appropriations to CBO to conduct such studies. 
(Sec. 103) Provides for a point of order against any reported legislation unless it has a CBO Director report and either:  (1) the direct costs of all Federal mandates in the legislation are estimated at less than $50 million in each of up to five fiscal years; or (2) the increase in authorization of appropriations under existing or for new Federal financial assistance programs provided by the legislation and usable by State, local, or tribal governments for mandate-subject activities is at least equal to the estimated direct costs of the mandates; and (3) the committee of jurisdiction has identified a reduction in authorization of existing appropriations, a reduction in direct spending, or an increase in receipts. 
Title II:  Regulatory Accountability and Reform
 - Requires each agency to:  (1) assess the effects of Federal regulations on State, local, and tribal governments, including the availability of resources to carry out any 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. 
(Sec. 201) Directs each agency to develop an effective process to permit elected officials and other representatives of State, local, and tribal governments to provide meaningful and timely input in the development of regulatory proposals. Authorizes appropriations. 
(Sec. 202) Requires each agency to prepare a written statement of specified estimates before promulgating any notice of proposed rulemaking or final rule including Federal mandates that may result in aggregate State, local, or tribal expenditures of $100 million or more in any one year. 
(Sec. 203) Requires the Director of the Office of Management and Budget (OMB) to collect such statements and forward copies to the CBO Director. 
(Sec. 204) Requires the OMB Director to establish pilot programs in at least two 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. 
Title III:  Judicial Review
 - Declares that any reports or statements prepared under this Act, any compliance or noncompliance with it, and any determination concerning its applicability shall not be subject to judicial review. 
Title IV:  Baseline Study
 - Requires the Director of the Bureau of the Census 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. Requires such study to consider the feasibility of measuring indirect costs and benefits as well as the direct costs and benefits of the Federal, State, local, and tribal relationship.  Authorizes appropriations.

s.--
            (1) 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 below threshold.--If the Director 
                estimates that the direct costs of all Federal mandates 
                in the bill or joint resolution will not equal or 
                exceed $50,000,000 (adjusted annually for inflation by 
                the Consumer Price Index) in the fiscal year in which 
                it (as well as any necessary implementing regulation) 
                is to 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.--If the Director 
                estimates that the direct costs of all Federal mandates 
                in the bill or joint resolution will equal or exceed 
                $50,000,000 (adjusted annually for inflation by the 
                Consumer Price Index) in the fiscal year in which it 
                (as well as any necessary implementing regulation) is 
                to 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, 
                and--
                            (i) shall include estimates (and shall 
                        briefly explain the basis of the estimates) 
                        of--
                                    (I) the total amount of direct 
                                costs of complying with the Federal 
                                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 States, local governments, or 
                                tribal governments for activities 
                                subject to the Federal mandates;
                            (ii) shall also include estimates, if and 
                        to the extent that the Director determines that 
                        such estimates are reasonably feasible, of--
                                    (I) future costs of Federal 
                                mandates to the extent that they 
                                significantly differ from or extend 
                                beyond the time period of the estimate 
                                referred to in the first clause of this 
                                subparagraph (B); and
                                    (II) any disproportionate budgetary 
                                effects of Federal 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) shall also state any amounts 
                        appropriated in the prior fiscal year to fund 
                        the activities subject to the Federal mandate.
            (2) Amended bills and joint resolutions; conference 
        reports.--If the Director has prepared a statement that 
        includes the determination described in paragraph (1)(B) 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 shall 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, and for no other purpose, $2,300,000 for each 
of the fiscal years 1995, 1996, 1997, 1998, and 1999.
    (e) Technical Amendment.--The State and Local Cost Estimate Act of 
1981, Public Law 97-108, is hereby repealed.

SEC. 103. POINT OF ORDER.

    (a) In General in the House of Representatives or Senate.--It shall 
not be in order in the House of Representatives or Senate to consider 
any bill or joint resolution that is reported by any committee of 
authorization unless (based upon a ruling of the presiding Officer in 
the case of the Senate)--
            (1) a committee has published a statement of the Director 
        in accordance with section 101(c) prior to such consideration; 
        and
            (2) either--
                    (A) the direct costs of all Federal mandates in the 
                bill or joint resolution are estimated not to equal or 
                exceed $50,000,000 (adjusted annually for inflation by 
                the Consumer Price Index) in the fiscal year in which 
                it (as well as any necessary implementing regulation) 
                is to be effective or in any of the 4 fiscal years 
                following such fiscal year, or
                    (B)(i) the increase in authorization of 
                appropriations under existing Federal financial 
                assistance programs, or of authorization of 
                appropriations for new Federal financial assistance, 
                provided by the bill or joint resolution and usable by 
                States, local governments, or tribal governments for 
                activities subject to the Federal mandates is at least 
                equal to the estimated amount of direct costs of the 
                Federal 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) 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 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 
subsections (a)(2)(B) and (a)(2)(C), nor shall it be out of order to 
consider such an amendment.

SEC. 104. EXERCISE OF RULEMAKING POWERS.

    The provisions of sections 101, 102, and 103 are enacted by 
Congress--
            (1) as an exercise of the rulemaking powers of the House of 
        Representatives and the Senate, and as such they shall be 
        considered as part of the rules of the House of Representatives 
        and the Senate, 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 
        the House of Representatives and the Senate to change such 
        rules at any time, in the same manner, and to the same extent 
        as in the case of any other rule of the House of 
        Representatives or the Senate, respectively.

SEC. 105. EFFECTIVE DATE.

    This title shall apply to bills and joint resolutions reported by a 
committee on or after October 1, 1995.

             TITLE II--REGULATORY ACCOUNTABILITY AND REFORM

SEC. 201. REGULATORY PROCESS.

    (a) Each agency shall assess the effects of Federal regulations on 
States, local governments, and tribal governments, including 
specifically the availability of resources to carry out any 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) Each agency shall 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 mandates. Such a 
process shall be consistent with all applicable laws.
    (c)(1) 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 any 
        potentially affected small governments,
            (B) seek the views of, and consult with, officials of 
        affected small governments pursuant to subsection (b), and
            (C) inform, educate, and advise small governments on 
        compliance with the requirements.
    (2) 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 mandates upon States, local governments, or tribal 
governments that may result in the expenditures by States, local 
governments, or tribal governments, in the aggregate, of $100,000,000 
or more (annually adjusted by the Consumer Price Index) in any one 
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 
        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 such estimates are reasonably feasible, 
        of--
                    (A) the costs of mandates in the regulation that 
                will be borne in various future time periods; and
                    (B) any disproportionate budgetary effects of the 
                mandates upon any particular regions of the country or 
                particular States, local governments, tribal 
                governments, or rural or other types of communities;
            (3) a qualitative, and if possible, a quantative assessment 
        of costs and benefits anticipated from the Federal mandate 
        (such as, but not limited to, the enhancement of health and 
        safety and the protection of the natural environment); and
            (4)(A) a description of the extent of the agency's prior 
        consultation with 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 mandate (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.

    (a) The Director of the Office of Management and Budget shall 
collect from agencies the statements prepared under section 202 and 
provide copies of them to the Director of the Congressional Budget 
Office promptly after promulgation of the general notice of proposed 
rulemaking or of the final rule for which the statement was prepared.
    (b) 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.

SEC. 204. PILOT PROGRAM ON SMALL GOVERNMENT FLEXIBILITY.

    (a) 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) The pilot program shall focus on rules in effect or proposed 
rules, or a combination thereof.

                       TITLE III--JUDICIAL REVIEW

SEC. 301. JUDICIAL REVIEW.

    Any statement or report prepared under this Act, 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.

                        TITLE IV--BASELINE STUDY

SEC. 401. BASELINE STUDY OF COSTS AND BENEFITS.

    (a) No later than 6 months after the date of enactment of this Act, 
the Director of the Bureau of the Census, in consultation with the 
Director, shall begin a study to examine the measurement and definition 
issues involved in calculating the total costs and benefits to States, 
local governments, and tribal governments of compliance with Federal 
law. The study shall consider the feasibility of measuring indirect 
costs and benefits as well as direct costs and benefits of the Federal, 
State, local, and tribal relationship. The study shall consider how to 
measure both the direct and indirect benefits of Federal financial 
assistance and tax benefits to States, local governments, and tribal 
governments.
    (b) There are authorized to be appropriated to the Bureau of the 
Census to carry out the purposes of this title, $1,000,000 for fiscal 
year 1995 and $1,000,000 for fiscal year 1996.
                                 
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