I

103D CONGRESS

2D SESSION H. R. 4771

To strengthen the partnership between the Federal Government and State,

local, and tribal governments, to end the imposition, in the absence

of full consideration by Congress, of Federal mandates on State, local,

and tribal governments without adequate funding, in a manner that

may displace other essential governmental priorities, to better assess

both costs and benefits of Federal legislation and regulations on State,

local, and tribal governments, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 14, 1994

Mr. TOWNS (for himself, Mr. CONYERS, Mr. MORAN, Mr. BARRETT of Wisconsin, and Mr. PAYNE of New Jersey) introduced the following bill; which

was referred jointly to the Committees on Rules and Government Operations

A BILL

To strengthen the partnership between the Federal Government and State, local, and tribal governments, to end

the imposition, in the absence of full consideration by

Congress, of Federal mandates on State, local, and tribal

governments without adequate funding, in a manner that

may displace other essential governmental priorities, to

better assess both costs and benefits of Federal legislation and regulations on State, local, and tribal governments, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Federal Mandate Ac3 countability and Reform Act of 1994’’.

4 SEC. 2. PURPOSES.

5 (a) The purposes of this Act are—

6 (1) to strengthen the partnership between the

7 Federal Government and States, local governments,

8 and tribal governments;

9 (2) to end the imposition, in the absence of full

10 consideration by Congress, of Federal mandates on

11 States, local governments, and tribal governments

12 without adequate Federal funding, in a manner that

13 may displace other essential governmental priorities;

14 (3) to assist Congress in its consideration of

15 proposed legislation establishing or revising Federal

16 programs containing Federal mandates affecting

17 States, local governments, and tribal governments

18 by—

19 (A) providing for the development of infor20 mation about the nature and size of mandates

21 in proposed legislation, and

22 (B) establishing a mechanism to bring

23 such information to the attention of House of

24 Representatives and the Senate before the

25 House of Representatives or Senate, respec26 tively, votes on proposed legislation;
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1 (4) to promote informed and deliberate deci2 sions by Congress on the appropriateness of Federal

3 mandates in any particular instances;

4 (5) to require a point-of-order vote on the con5 sideration in the House of Representatives and the

6 Senate of legislation containing significant Federal

7 mandates; and

8 (6) to improve the quality of Federal regula9 tions affecting States, local governments, and tribal

10 governments and the process by which such regula11 tions are developed, by—

12 (A) requiring that Federal agencies consult

13 with elected and other officials of States, local

14 governments, and tribal governments when de15 veloping regulations; and

16 (B) requiring that Federal agencies pre17 pare and consider better estimates of the budg18 etary impact of Federal regulatory mandates

19 upon States, local governments, and tribal gov20 ernments before adopting such regulations, and

21 ensuring that small governments are given spe22 cial consideration in that process.

23 SEC. 3. DEFINITIONS.

24 For purposes of this Act—
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1 (1) FEDERAL MANDATE DEFINED.—The term

2 ‘‘Federal mandate’’ means—

3 (A) any provision in a bill or joint resolu4 tion before Congress or in a proposed or final

5 Federal regulation that—

6 (i) would impose a duty that is en7 forceable by administrative, civil, or crimi8 nal penalty or by injunction (other than a

9 condition of Federal assistance or a duty

10 arising from participation in a voluntary

11 Federal program, except as stated in sub12 paragraph (B)), upon States, local govern13 ments, or tribal governments, or

14 (ii) would reduce or eliminate the

15 amount of authorization of Federal finan16 cial assistance that will be provided to

17 States, local governments, or tribal govern18 ments for the purpose of complying with

19 any such duty; or

20 (B) any provision in a bill or joint resolu21 tion before Congress or in a proposed or final

22 Federal regulation that relates to a then-exist23 ing Federal program under which $500,000,000

24 or more is provided annually to States, local

25 governments, and tribal governments under en-
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1 titlement authority (as that term is defined in

2 section 3(9) of the Congressional Budget Act of

3 1974 (2 U.S.C. 622(9))), if—

4 (i)(I) the bill or joint resolution or

5 regulation would increase the stringency of

6 conditions of assistance to States, local

7 governments, or tribal governments under

8 the program, or

9 (II) would place caps upon, or other10 wise decrease, the Federal Government’s

11 responsibility to provide funding to States,

12 local governments, or tribal governments

13 under the program; and

14 (ii) the States, local governments, or

15 tribal governments that participate in the

16 Federal program lack authority under that

17 program to amend their financial or pro18 grammatic responsibilities to continue pro19 viding required services that are affected

20 by the bill or joint resolution or implement21 ing regulation.

22 (2) DIRECT COSTS DEFINED.—

23 (A) The term ‘‘direct costs’’ means the ag24 gregate estimated amounts that all States, local

25 governments, and tribal governments will be re-
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1 quired to spend in order to comply with a Fed2 eral mandate, or, in the case of a bill or joint

3 resolution referred to in paragraph (1)(A)(ii),

4 the amount of Federal financial assistance

5 eliminated or reduced.

6 (B) Direct cost shall not include amounts

7 that it is estimated that the States, local gov8 ernments, and tribal governments would

9 spend—

10 (i) to comply with or carry out all ap11 plicable Federal, State, local, and tribal

12 laws and regulations adopted before the

13 adoption of the Federal mandate; or

14 (ii) to continue to carry out State,

15 local governmental, and tribal govern16 mental programs established at the time of

17 adoption of the Federal mandate;

18 (C) Direct costs shall not include expendi19 tures to the extent that they will be offset by

20 any direct savings to be enjoyed by the States,

21 local governments, and tribal governments as a

22 result of—

23 (i) their compliance with the Federal

24 mandate; or
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1 (ii) other changes in Federal law or

2 regulation that are enacted or adopted in

3 the same bill or joint resolution or pro4 posed or final Federal regulation and that

5 govern the same activity as is affected by

6 the Federal mandate.

7 (D) Direct costs shall be determined on the

8 assumption that States, local governments, and

9 tribal governments will take all reasonable steps

10 necessary to mitigate the costs resulting from

11 the Federal mandate, and will comply with ap12 plicable standards of practice and conduct es13 tablished by recognized professional or trade as14 sociations.

15 (3) AMOUNT OF FEDERAL FINANCIAL ASSIST16 ANCE DEFINED.—The amount of ‘‘Federal financial

17 assistance’’ means—

18 (A) the amount of budget authority (as de19 fined in section 3(2)(A) of the Congressional

20 Budget Act of 1974 (2 U.S.C. 622(2)(A))) of

21 any Federal grant assistance, and

22 (B) the subsidy amount (as defined as

23 ‘‘cost’’ in section 502(5) of the Federal Credit

24 Reform Act of 1990 (2 U.S.C. 661a(5)(a)) of
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1 any Federal program providing loan guarantees

2 or direct loans.

3 (4) OTHER DEFINITIONS.—

4 (A) AGENCY DEFINED.—The term ‘‘agen5 cy’’ has the meaning stated in section 551(1) of

6 title 5, United States Code, but does not in7 clude independent regulatory agencies, as de8 fined by section 3502(10) of title 44, United

9 States Code.

10 (B) DIRECTOR DEFINED.—The term ‘‘Di11 rector’’ means the Director of the Congressional

12 Budget Office.

13 (C) LOCAL GOVERNMENT DEFINED.—The

14 term ‘‘local government’’ has the same meaning

15 as in section 6501(6) of title 31, United States

16 Code.

17 (D) REGULATION OR RULE DEFINED.—

18 The term ‘‘regulation’’ or ‘‘rule’’ has the mean19 ing of ‘‘rule’’ as defined in section 601(2) of

20 title 5, United States Code.

21 (E) SMALL GOVERNMENT DEFINED.—The

22 term ‘‘small government’’ means any small gov23 ernmental jurisdiction as defined in section

24 601(5) of title 5, United States Code, and any

25 tribal government.
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1 (F) STATE DEFINED.—The term ‘‘State’’

2 has the same meaning as in section 6501(9) of

3 title 31, United States Code.

4 SEC. 4. EXCLUSIONS.

5 Anything in this Act to the contrary notwithstanding,

6 this Act shall not apply to—

7 (1) any provision in a bill or joint resolution be8 fore Congress and any provision in a proposed or

9 final Federal regulation that—

10 (A) enforces Constitutional rights of indi11 viduals;

12 (B) establishes or enforces any statutory

13 rights that prohibit discrimination on the basis

14 of race, religion, gender, national origin, or

15 handicapped or disability status;

16 (C) requires compliance with accounting

17 and auditing procedures with respect to grants

18 or other money or property provided by the

19 United States Government;

20 (D) provides for emergency assistance or

21 relief at the request of any State, local govern22 ment, or tribal government or any official of

23 any of them; or
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1 (E) is necessary for the national security

2 or the ratification or implementation of inter3 national treaty obligations; or

4 (2) any legislation that the President designates

5 as emergency legislation and that the Congress so

6 designates in statute.

7 TITLE I—LEGISLATIVE

8 ACCOUNTABILITY AND REFORM

9 SEC. 101. DUTIES OF CONGRESSIONAL COMMITTEES.

10 (a) COMMITTEE REPORT.—

11 (1) REGARDING FEDERAL MANDATES.—When a

12 committee of authorization of the House of Rep13 resentatives or the Senate reports a bill or joint res14 olution of public character that includes any Federal

15 mandate, the committee shall issue a report to ac16 company the bill or joint resolution containing—

17 (A) an analysis, prepared in consultation

18 with the Director, including an identification

19 and description of any Federal mandates in the

20 bill or joint resolution, including the expected

21 direct costs to States, local governments, and

22 tribal governments required to comply with the

23 Federal mandate;

24 (B)(i) a statement of the amount, if any,

25 of increase in authorization of appropriations
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1 under existing Federal financial assistance pro2 grams, or of authorization of appropriations for

3 new Federal financial assistance, provided by

4 the bill or joint resolution and usable for activi5 ties of States, local governments, or tribal gov6 ernments subject to the Federal mandates; and

7 (ii) a statement of whether the committee

8 intends that the Federal mandates be partly or

9 entirely unfunded, and, if so, the reasons for

10 that intention;

11 (C) a qualitative, and if possible, a quan12 titative assessment of costs and benefits antici13 pated from the Federal mandate (such as, but

14 not limited to, the enhancement of health and

15 safety and the protection of the natural envi16 ronment);

17 (D) any existing sources of Federal assist18 ance in addition to those identified in subpara19 graph (B)(i) that may assist States, local gov20 ernments, and tribal governments in meeting

21 the direct costs of the Federal mandates; and

22 (E) an identification of one or more of the

23 following: reductions in authorization of existing

24 appropriations, a reduction in direct spending,
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1 or an increase in receipts (consistent with the

2 amount identified in subparagraph (B)(i)).

3 (2) REGARDING PREEMPTION.—When a com4 mittee of authorization of the House of Representa5 tives or the Senate reports a bill or joint resolution

6 of public character, the committee report accom7 panying the bill or joint resolution shall contain, if

8 relevant to the bill or joint resolution, an explicit

9 statement of whether or not the bill or joint resolu10 tion is intended to preempt any State, local, or tribal

11 law, and if so, an explanation of the reasons for en12 acting such preemption.

13 (b) SUBMISSION OF BILLS TO THE DIRECTOR.—

14 When a committee of authorization of the House of Rep15 resentatives or the Senate reports a bill or joint resolution

16 of a public character, the committee shall promptly pro17 vide the bill or joint resolution to the Director and shall

18 identify to the Director any Federal mandates contained

19 in the bill or resolution.

20 (c) PUBLICATION OF STATEMENT FROM THE DIREC21 TOR.—Upon receiving a statement (including any supple22 mental statement) from the Director pursuant to section

23 102(c), a committee of the House of Representatives or

24 the Senate shall publish the statement in the committee

25 report accompanying the bill or joint resolution to which
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1 the statement relates if the statement is available soon

2 enough to be included in the printed report. If the state3 ment is not published in the report, or if the bill or joint

4 resolution to which the statement relates is expected to

5 be considered by the House of Representatives or the Sen6 ate before the report is published, the committee shall

7 cause the statement, or a summary thereof, to be pub8 lished in the Congressional Record in advance of floor con9 sideration of the bill or joint resolution.

10 SEC. 102. DUTIES OF THE DIRECTOR.

11 (a) STUDIES.—

12 (1) As early as practicable in each new Con13 gress, any committee of the House of Representa14 tives or the Senate which anticipates that the com15 mittee will consider any proposed legislation estab16 lishing, amending, or reauthorizing any Federal pro17 gram likely to have a significant budgetary impact

18 on States, local governments, or tribal governments,

19 including any legislative proposal submitted by the

20 executive branch likely to have such budgetary im21 pact, shall request that the Director initiate a study

22 of the proposed legislation in order to develop infor23 mation that may be useful in analyzing the costs of

24 any Federal mandates and of any unfunded Federal
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1 mandates that may be included in the proposed leg2 islation.

3 (2) In conducting the study under paragraph

4 (1), the Director shall—

5 (A) solicit and consider information or

6 comments from elected officials (including their

7 designated representatives) of States, local gov8 ernments, tribal governments, and such other

9 persons as may provide helpful information or

10 comments,

11 (B) consider establishing advisory panels

12 of elected officials (including their designated

13 representatives) of States, local governments,

14 tribal governments, and other persons if the Di15 rector determines, in his discretion, that such

16 advisory panels would be helpful in performing

17 the Director’s responsibilities under this sec18 tion, and

19 (C) consult with the relevant committees of

20 the House of Representatives and of the Sen21 ate.

22 (b) CONSULTATION.—The Director shall, at the re23 quest of any committee of the House of Representatives

24 or of the Senate, consult with and assist such committee

25 in analyzing the budgetary impact of any proposed legisla-
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1 tion that may have a significant budgetary impact on

2 State, local, or tribal governments.

3 (c) STATEMENTS ON NONAPPROPRIATIONS BILLS

4 AND JOINT RESOLUTIONS.—

5 (1) REPORTED BILLS AND JOINT RESOLU6 TIONS.—For each bill or joint resolution of a public

7 character reported by any committee of authoriza8 tion of the House of Representatives or of the Sen9 ate, the Director shall prepare and submit to the

10 committee a statement as follows:

11 (A) DIRECT COSTS BELOW THRESHOLD.—

12 If the Director estimates that the direct costs

13 of all Federal mandates in the bill or joint reso14 lution will not equal or exceed $50,000,000 (ad15 justed annually for inflation by the Consumer

16 Price Index) in the fiscal year in which it (as

17 well as any necessary implementing regulation)

18 is to be effective or in any of the 4 fiscal years

19 following such fiscal year, the Director shall so

20 state and shall briefly explain the basis of the

21 estimate.

22 (B) DIRECT COSTS ABOVE THRESHOLD.—

23 If the Director estimates that the direct costs

24 of all Federal mandates in the bill or joint reso25 lution will equal or exceed $50,000,000 (ad-
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1 justed annually for inflation by the Consumer

2 Price Index) in the fiscal year in which it (as

3 well as any necessary implementing regulation)

4 is to be effective or in any of the 4 fiscal years

5 following such fiscal year, the Director shall so

6 state and shall briefly explain the basis of the

7 estimate, and—

8 (i) shall include estimates (and shall

9 briefly explain the basis of the estimates)

10 of—

11 (I) the total amount of direct

12 costs of complying with the Federal

13 mandates in the bill or joint resolu14 tion; and

15 (II) the amount, if any, of in16 crease in authorization of appropria17 tions under existing Federal financial

18 assistance programs, or of authoriza19 tion of appropriations for new Federal

20 financial assistance, provided by the

21 bill or joint resolution and usable by

22 States, local governments, or tribal

23 governments for activities subject to

24 the Federal mandates;
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1 (ii) shall also include estimates, if and

2 to the extent that the Director determines

3 that such estimates are reasonably feasible,

4 of—

5 (I) future costs of Federal man6 dates to the extent that they signifi7 cantly differ from or extend beyond

8 the time period of the estimate re9 ferred to in the first clause of this

10 subparagraph (B); and

11 (II) any disproportionate budg12 etary effects of Federal mandates and

13 of any Federal financial assistance in

14 the bill or joint resolution upon any

15 particular regions of the country or

16 particular States, local governments,

17 tribal governments, or urban or rural

18 or other types of communities; and

19 (iii) shall also state any amounts ap20 propriated in the prior fiscal year to fund

21 the activities subject to the Federal man22 date.

23 (2) AMENDED BILLS AND JOINT RESOLUTIONS;

24 CONFERENCE REPORTS.—If the Director has pre25 pared a statement that includes the determination
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1 described in paragraph (1)(B) for a bill or joint res2 olution, and if that bill or joint resolution is passed

3 in an amended form (including if passed by one

4 House as an amendment in the nature of a sub5 stitute for the language of a bill or joint resolution

6 from the other House) or is reported by a committee

7 of conference in an amended form, the committee of

8 conference shall ensure, to the greatest extent prac9 ticable, that the Director shall prepare a supple10 mental statement for the bill or joint resolution. The

11 requirements of section 103 shall not apply to the

12 publication of any supplemental statement prepared

13 under this subsection.

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated to the Congressional

16 Budget Office to carry out the provisions of this Act, and

17 for no other purpose, $2,300,000 for each of the fiscal

18 years 1995, 1996, 1997, 1998, and 1999.

19 (e) TECHNICAL AMENDMENT.—The State and Local

20 Cost Estimate Act of 1981, Public Law 97–108, is hereby

21 repealed.

22 SEC. 103. POINT OF ORDER.

23 (a) IN GENERAL IN THE HOUSE OF REPRESENTA24 TIVES OR SENATE.—It shall not be in order in the House

25 of Representatives or Senate to consider any bill or joint
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1 resolution that is reported by any committee of authoriza2 tion unless (based upon a ruling of the presiding Officer

3 in the case of the Senate)—

4 (1) a committee has published a statement of

5 the Director in accordance with section 101(c) prior

6 to such consideration; and

7 (2) either—

8 (A) the direct costs of all Federal man9 dates in the bill or joint resolution are esti10 mated not to equal or exceed $50,000,000 (ad11 justed annually for inflation by the Consumer

12 Price Index) in the fiscal year in which it (as

13 well as any necessary implementing regulation)

14 is to be effective or in any of the 4 fiscal years

15 following such fiscal year, or

16 (B)(i) the increase in authorization of ap17 propriations under existing Federal financial

18 assistance programs, or of authorization of ap19 propriations for new Federal financial assist20 ance, provided by the bill or joint resolution and

21 usable by States, local governments, or tribal

22 governments for activities subject to the Fed23 eral mandates is at least equal to the estimated

24 amount of direct costs of the Federal mandates;

25 and
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1 (ii) the committee of jurisdiction has iden2 tified in the bill or joint resolution one or more

3 of the following: a reduction in authorization of

4 existing appropriations, a reduction in direct

5 spending, or an increase in receipts (consistent

6 with the amount identified in clause (i).

7 (b) AMENDMENT TO RAISE AUTHORIZATION

8 LEVEL.—Notwithstanding the terms of subsection (a), it

9 shall not be out of order pursuant to this section to con10 sider a bill or joint to which an amendment is proposed

11 and agreed to that would raise the amount of authoriza12 tion of appropriations to a level sufficient to satisfy the

13 requirements of subsections (a)(2)(B) and (a)(2)(C), nor

14 shall it be out of order to consider such an amendment.

15 SEC. 104. EXERCISE OF RULEMAKING POWERS.

16 The provisions of sections 101, 102, and 103 are en17 acted by Congress—

18 (1) as an exercise of the rulemaking powers of

19 the House of Representatives and the Senate, and as

20 such they shall be considered as part of the rules of

21 the House of Representatives and the Senate, re22 spectively, and such rules shall supersede other rules

23 only to the extent that they are inconsistent there24 with; and
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1 (2) with full recognition of the constitutional

2 right of the House of Representatives and the Sen3 ate to change such rules at any time, in the same

4 manner, and to the same extent as in the case of

5 any other rule of the House of Representatives or

6 the Senate, respectively.

7 SEC. 105. EFFECTIVE DATE.

8 This title shall apply to bills and joint resolutions re9 ported by a committee on or after October 1, 1995.

10 TITLE II—REGULATORY

11 ACCOUNTABILITY AND REFORM

12 SEC. 201. REGULATORY PROCESS.

13 (a) Each agency shall assess the effects of Federal

14 regulations on States, local governments, and tribal gov15 ernments, including specifically the availability of re16 sources to carry out any mandates in those regulations,

17 and seek to minimize those burdens that uniquely or sig18 nificantly affect such governmental entities, consistent

19 with achieving statutory and regulatory objectives.

20 (b) Each agency shall develop an effective process to

21 permit elected officials (including their designated rep22 resentatives) and other representatives of States, local

23 governments, and tribal governments to provide meaning24 ful and timely input in the development of regulatory pro-
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1 posals containing significant Federal mandates. Such a

2 process shall be consistent with all applicable laws.

3 (c)(1) Before establishing any regulatory require4 ments that might significantly or uniquely affect small

5 governments, agencies shall have developed a plan under

6 which the agency shall—

7 (A) provide notice of the contemplated require8 ments to any potentially affected small governments,

9 (B) seek the views of, and consult with, officials

10 of affected small governments pursuant to sub11 section (b), and

12 (C) inform, educate, and advise small govern13 ments on compliance with the requirements.

14 (2) There are hereby authorized to be appropriated

15 to each agency to carry out the provisions of this section,

16 and for no other purpose, such sums as are necessary.

17 SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFICANT REG18 ULATORY ACTIONS.

19 (a) IN GENERAL.—Before promulgating any final

20 rule that includes any Federal mandates upon States, local

21 governments, or tribal governments that may result in the

22 expenditures by States, local governments, or tribal gov23 ernments, in the aggregate, of $100,000,000 or more (an24 nually adjusted by the Consumer Price Index) in any one

25 year, and before promulgating any general notice of pro-
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1 posed rulemaking that is likely to result in promulgation

2 of any such rule, the agency shall prepare a written state3 ment containing—

4 (1) estimates by the agency, including the un5 derlying analysis, of the anticipated costs to States,

6 local governments, and tribal governments of com7 plying with the mandate, and of the extent to which

8 such costs may be paid with funds provided by the

9 Federal Government or otherwise paid through Fed10 eral financial assistance;

11 (2) estimates by the agency, if and to the ex12 tent that the agency determines that such estimates

13 are reasonably feasible, of—

14 (A) the costs of mandates in the regulation

15 that will be borne in various future time peri16 ods; and

17 (B) any disproportionate budgetary effects

18 of the mandates upon any particular regions of

19 the country or particular States, local govern20 ments, tribal governments, or rural or other

21 types of communities;

22 (3) a qualitative, and if possible, a quantative

23 assessment of costs and benefits anticipated from

24 the Federal mandate (such as, but not limited to,
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1 the enhancement of health and safety and the pro2 tection of the natural environment); and

3 (4)(A) a description of the extent of the agen4 cy’s prior consultation with elected representatives

5 (including their designated representatives) of the

6 affected States, local governments, and tribal gov7 ernments and of other affected parties, (B) a sum8 mary of the comments and concerns that were pre9 sented by States, local governments, or tribal gov10 ernments either orally or in writing to the agency,

11 (C) a summary of the agency’s evaluation of those

12 comments and concerns, and (D) the agency’s posi13 tion supporting the need to issue the regulation con14 taining the mandate (considering, among other

15 things, the extent to which costs may or may not be

16 paid with funds provided by the Federal Govern17 ment).

18 (b) PROMULGATION.—In promulgating a general no19 tice of proposed rulemaking or a final rule for which a

20 statement under subsection (a) is required, the agency

21 shall include in the promulgation a summary of the infor22 mation contained in the statement.

23 (c) PREPARATION IN CONJUNCTION WITH OTHER

24 STATEMENT.—Any agency may prepare any statement re25 quired by subsection (a) in conjunction with or as a part
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1 of any other statement or analysis, provided that the state2 ment or analysis satisfies the provisions of subsection (a).

3 SEC. 203. ASSISTANCE TO THE CONGRESSIONAL BUDGET

4 OFFICE.

5 (a) The Director of the Office of Management and

6 Budget shall collect from agencies the statements pre7 pared under section 202 and provide copies of them to

8 the Director of the Congressional Budget Office promptly

9 after promulgation of the general notice of proposed rule10 making or of the final rule for which the statement was

11 prepared.

12 (b) Each agency shall provide to the Director of the

13 Congressional Budget Office such information and assist14 ance as he may reasonably request to assist him in per15 forming his responsibilities under this Act.

16 SEC. 204. PILOT PROGRAM ON SMALL GOVERNMENT FLEXI17 BILITY.

18 (a) The Director of the Office of Management and

19 Budget, in consultation with Federal agencies, shall estab20 lish pilot programs in at least 2 agencies to test innova21 tive, and more flexible regulatory approaches that—

22 (1) reduce reporting and compliance burdens on

23 small governments; and

24 (2) meet overall statutory goals and objectives.
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1 (b) The pilot program shall focus on rules in effect

2 or proposed rules, or a combination thereof.

3 TITLE III—JUDICIAL REVIEW

4 SEC. 301. JUDICIAL REVIEW.

5 Any statement or report prepared under this Act, any

6 compliance or noncompliance with the provisions of this

7 Act, and any determination concerning the applicability of

8 the provisions of this act shall not be subject to judicial

9 review. The provisions of this Act shall not create any

10 right or benefit, substantive or procedural, enforceable by

11 any person in any administrative or judicial action. No

12 ruling or determination under this act shall be considered

13 by any court in determining the intent of Congress or for

14 any other purpose.

15 TITLE IV—BASELINE STUDY

16 SEC. 401. BASELINE STUDY OF COSTS AND BENEFITS.

17 (a) No later than 6 months after the date of enact18 ment of this Act, the Director of the Bureau of the Cen19 sus, in consultation with the Director, shall begin a study

20 to examine the measurement and definition issues involved

21 in calculating the total costs and benefits to States, local

22 governments, and tribal governments of compliance with

23 Federal law. The study shall consider the feasibility of

24 measuring indirect costs and benefits as well as direct

25 costs and benefits of the Federal, State, local, and tribal
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1 relationship. The study shall consider how to measure both

2 the direct and indirect benefits of Federal financial assist3 ance and tax benefits to States, local governments, and

4 tribal governments.

5 (b) There are authorized to be appropriated to the

6 Bureau of the Census to carry out the purposes of this

7 title, $1,000,000 for fiscal year 1995 and $1,000,000 for

8 fiscal year 1996.

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