103D CONGRESS

1ST SESSION H. R. 886

To provide mandate relief and assistance to State and local governments,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 16, 1993

Mr. CLINGER (for himself, Mr. SHAYS, Mr. SCHIFF, Mr. MCHUGH, Mr.

HORN, Mr. ZIMMER, Mr. MCCANDLESS, Mr. RANGEL, Mr. HOBSON, Mr.

GUNDERSON, Mr. ZELIFF, Mr. THOMAS of Wyoming, Mr. BARTLETT of

Maryland, and Mr. MICA) introduced the following bill; which was referred jointly to the Committees on Government Operations and Rules

A BILL

To provide mandate relief and assistance to State and local

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Mandate and Commu5 nity Assistance Reform Act’’.

6 SEC. 2. UNFUNDED FEDERAL MANDATE DEFINED.

7 In this Act, the term ‘‘unfunded Federal mandate’’

8 means a requirement established under a Federal statute

9 or regulation—
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1 (1) that a State or local government, or both,

2 undertake a specific activity or provide a service

3 meeting minimum national standards; and

4 (2) for which the Federal Government does not

5 provide sufficient funds to undertake such activity or

6 provide such service.

7 TITLE I—TERMINATION OR SUS8 PENSION OF UNFUNDED FED9 ERAL MANDATES; CONSOLI10 DATION AND SIMPLIFICATION

11 OF PLANNING AND REPORT12 ING REQUIREMENTS

13 SEC. 101. TERMINATION OR SUSPENSION OF UNFUNDED

14 FEDERAL MANDATES; CONSOLIDATION AND

15 SIMPLIFICATION OF PLANNING OR REPORT16 ING REQUIREMENTS.

17 (a) IN GENERAL.—

18 (1) GENERAL RULE.—An unfunded Federal

19 mandate shall terminate or be suspended, or a plan20 ning or reporting requirement of a mandate shall be

21 consolidated or simplified, respectively, if—

22 (A) the Commission on Unfunded Federal

23 Mandates established under title II includes in

24 its final report under section 202(d) a rec25 ommendation pursuant to paragraph (2)(A),
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1 (B), or (C) of that section that the unfunded

2 Federal mandate should terminate or be sus3 pended, or that the planning or reporting re4 quirement be consolidated or simplified; and

5 (B) a joint resolution disapproving all rec6 ommendations included in the final report is

7 not enacted in accordance with section 102 be8 fore the end of the 60-day period beginning on

9 the date of the submittal of that final report.

10 (2) COMPUTATION OF PERIOD.—The days on

11 which either House of the Congress is not in session

12 because of an adjournment of more than 3 days to

13 a day certain shall be excluded in the computation

14 of the 60-day period under subsection (a).

15 (b) APPLICATION.—A termination or suspension, or

16 a consolidation or simplification of a planning or reporting

17 requirement, respectively, of an unfunded Federal man18 date under this title shall apply in accordance with the

19 final recommendation for that termination, suspension,

20 consolidation, or simplification in the final report of the

21 Commission.

22 SEC. 102. CONGRESSIONAL CONSIDERATION OF COMMIS23 SION FINAL REPORT.

24 (a) TERMS OF THE RESOLUTION.—For purposes of

25 section 101(a)(1)(B), the term ‘‘joint resolution’’ means
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1 only a joint resolution which is introduced within 20 days

2 after submittal of a final report to the Congress under

3 section 202(d)—

4 (1) which does not have a preamble;

5 (2) the matter after the resolving clause of

6 which is as follows: ‘‘That the Congress disapproves

7 the recommendations in the final report of the Com8 mission on Unfunded Federal Mandates as submit9 ted to the Congress on

10 ——————————————’’, the blank spaces

11 being appropriately filled in;

12 (3) the title of which is as follows: ‘‘Joint reso13 lution disapproving the recommendations of the

14 Commission on Unfunded Federal Mandates.’’; and

15 (4) which is introduced only by the Chairman

16 or ranking minority party Member of the Committee

17 on Government Operations in the House of Rep18 resentatives, or by the Chairman or ranking minor19 ity party member of the Committee on Govern20 mental Affairs in the Senate.

21 (b) CONSIDERATION.—(1) On or after the third day

22 after the date on which the committee to which such a

23 resolution is referred has reported such a resolution, it is

24 in order (even though a previous motion to the same effect

25 has been disagreed to) to move to proceed to the consider-
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1 ation of the resolution (but only on the day after the cal2 endar day on which a Member announces to the House

3 concerned the Member’s intention to do so). All points of

4 order against the resolution (and against consideration of

5 the resolution) are waived. The motion is highly privileged

6 in the House of Representatives and is privileged in the

7 Senate and is not debatable. The motion is not subject

8 to amendment, or to a motion to postpone, or to a motion

9 to proceed to the consideration of other business. A motion

10 to reconsider the vote by which the motion is agreed to

11 or disagreed to shall not be in order. If a motion to pro12 ceed to the consideration of the resolution is agreed to,

13 the respective House shall immediately proceed to consid14 eration of the joint resolution without intervening motion,

15 order, or other business, and the resolution shall remain

16 the unfinished business of the respective House until

17 disposed of.

18 (2) Debate on the resolution, and on all debatable

19 motions and appeals in connection therewith, shall be lim20 ited to not more than 5 hours in the House of Representa21 tives, and not more than 10 hours in the Senate, which

22 shall be divided equally between those favoring and those

23 opposing the resolution. An amendment to the resolution

24 is not in order. A motion further to limit debate is in order

25 and not debatable. A motion to postpone, or a motion to
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1 proceed to the consideration of other business, or a motion

2 to recommit the resolution is not in order. A motion to

3 reconsider the vote by which the resolution is agreed to

4 or disagreed to is not in order.

5 (3) Immediately following the conclusion of the de6 bate on a resolution described in subsection (a) and a sin7 gle quorum call at the conclusion of the debate if re8 quested in accordance with the rules of the appropriate

9 House, the vote on final passage of the resolution shall

10 occur.

11 (4) Appeals from the decisions of the Chair relating

12 to the application of the rules of the Senate or the House

13 of Representatives, as the case may be, to the procedure

14 relating to a resolution described in subsection (a) shall

15 be decided without debate.

16 (c) CONSIDERATION BY OTHER HOUSE.—(1) If, be17 fore the passage by one House of a resolution of that

18 House described in subsection (a), that House receives

19 from the other House a resolution described in subsection

20 (a), then the following procedures shall apply:

21 (A) The resolution of the other House shall not

22 be referred to a committee and may not be consid23 ered in the House receiving it except in the case of

24 final passage as provided in subparagraph (B)(ii).
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1 (B) With respect to a resolution described in

2 subsection (a) of the House receiving the resolu3 tion—

4 (i) the procedure in that House shall be

5 the same as if no resolution had been received

6 from the other House; but

7 (ii) the vote on final passage shall be on

8 the resolution of the other House.

9 (2) Upon disposition of the resolution received from

10 the other House, it shall no longer be in order to consider

11 the resolution that originated in the receiving House.

12 (d) RULES OF THE SENATE AND HOUSE.—This sec13 tion is enacted by Congress—

14 (1) as an exercise of the rulemaking power of

15 the Senate and House of Representatives, respec16 tively, and as such it is deemed a part of the rules

17 of each House, respectively, but applicable only with

18 respect to the procedure to be followed in that

19 House in the case of a resolution described in sub20 section (a), and it supersedes other rules only to the

21 extent that it is inconsistent with such rules; and

22 (2) with full recognition of the constitutional

23 right of either House to change the rules (so far as

24 relating to the procedure of that House) at any time,
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1 in the same manner, and to the same extent as in

2 the case of any other rule of that House.

3 TITLE II—COMMISSION ON UN4 FUNDED FEDERAL MAN5 DATES

6 SEC. 201. ESTABLISHMENT.

7 There is established a commission which shall be

8 known as the ‘‘Commission on Unfunded Federal Man9 dates’’ (in this title referred to as the ‘‘Commission’’).

10 SEC. 202. DUTIES OF COMMISSION.

11 (a) STUDY AND RECOMMENDATIONS.—The Commis12 sion shall—

13 (1) investigate and review the role of unfunded

14 Federal mandates in relations among local, State,

15 and Federal governments;

16 (2) study and make recommendations to the

17 Congress regarding—

18 (A) the termination of those mandates that

19 are duplicative, or obsolete, or that lack prac20 tical utility;

21 (B) the temporary suspension of those

22 mandates that compound the fiscal difficulties

23 of State and local governments during periods

24 immediately following 2 consecutive quarters of

25 decline in real Gross National Product, and for
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1 which suspension may be lifted immediately fol2 lowing 2 consecutive quarters of growth in real

3 Gross National Product;

4 (C) the consolidation or simplification of

5 planning or reporting requirements for man6 dates in order to reduce duplication and facili7 tate compliance by State and local governments;

8 (D) the establishment of common Federal

9 definitions or standards to be used by State and

10 local governments in complying with unfunded

11 mandates that use different definitions or

12 standards for the same terms or principles;

13 (E) a process by which State and local

14 governments can participate in meeting national

15 domestic objectives without the burden created

16 by unfunded Federal mandates, including the

17 development of suggestions for funding the

18 Federal mandates imposed after the date of the

19 enactment of this Act on State and local

20 governments;

21 (3) include in its final report recommendations

22 that the Federal Government relieve financial bur23 dens on State and local governments by decreasing

24 the operating, administrative, and financial respon25 sibilities of State and local governments for one or
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1 more federally mandated programs which require

2 that Federal funding be augmented by non-Federal

3 funds; and

4 (4) include in its final report recommendations

5 that State or local governments assume increased

6 operating, or administrative responsibilities for one

7 or more programs which, as of the date of enact8 ment of this Act, are fully or partially funded, oper9 ated, or administered by the Federal Government

10 but which the Commission determines would be op11 erated or administered more effectively and effi12 ciently by States and localities.

13 In making recommendations under paragraphs (3) and

14 (4), the Commission shall ensure that implementation of

15 those recommendations will result in a net decrease in

16 obligations and outlays by each unit of State and local

17 government.

18 (b) CRITERIA.—

19 (1) IN GENERAL.—The Commission shall estab20 lish criteria for making recommendations under sub21 section (a)(2) (A), (B), and (C).

22 (2) SUBMISSION OF PROPOSED CRITERIA.—Not

23 later than 60 days after the Commission is con24 vened, the Commission shall submit to the Commit25 tee on Government Operations of the House of Rep-
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1 resentatives and the Committee on Governmental

2 Affairs of the Senate proposed criteria under this

3 subsection, and thereafter provide a period of 30

4 days for those committees to comment on and rec5 ommend changes in the criteria.

6 (3) FINAL CRITERIA.—Not later than 45 days

7 after the date of the submittal of proposed criteria,

8 the Commission shall—

9 (A) consider comments and recommenda10 tions received under paragraph (2);

11 (B) adopt and incorporate any of those

12 recommendations the Commission determines

13 will aid the Commission in carrying out its du14 ties; and

15 (C) issue final criteria under this sub16 section.

17 (c) PRELIMINARY REPORT.—

18 (1) IN GENERAL.—Not later than 630 days

19 after the completion of appointment of the members

20 of the Commission, the Commission shall—

21 (A) prepare and publish a preliminary re22 port on its activities under this title, including

23 preliminary recommendations pursuant to sub24 section (a)(2);
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1 (B) publish in the Federal Register a no2 tice of availability of the preliminary report;

3 and

4 (C) provide copies of the preliminary re5 port to the public upon request.

6 (2) PUBLIC HEARINGS.—The Commission shall

7 hold public hearings on the preliminary rec8 ommendations contained in the preliminary report of

9 the Commission under this subsection.

10 (d) FINAL REPORT.—Not later than 120 days after

11 the date of the publication of the preliminary report under

12 subsection (c), the Commission shall submit to the Con13 gress and the President a final report on the findings, con14 clusions, and recommendations of the Commission, includ15 ing final recommendations pursuant to subsection (a)(2)

16 (A), (B), and (C) and subsection (a)(3) and (4).

17 SEC. 203. MEMBERSHIP.

18 (a) NUMBER AND APPOINTMENT.—

19 (1) IN GENERAL.—The Commission shall be

20 composed of 8 members appointed by the President,

21 by and with the advise and consent of the Senate,

22 from individuals who possess extensive leadership ex23 perience in and knowledge of State and local govern24 ment and intergovernmental relations.
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1 (2) LIMITATION.—An individual who is a Mem2 ber or employee of the Congress may not be ap3 pointed or serve as a member of the Commission.

4 (b) WAIVER OF LIMITATION ON EXECUTIVE SCHED5 ULE POSITIONS.—Appointments may be made under this

6 section without regard to section 5311(b) of title 5, United

7 States Code.

8 (c) POLITICAL AFFILIATION.—Not more than 4

9 members of the Commission may be of the same political

10 party.

11 (d) TERMS.—

12 (1) IN GENERAL.—Each member of the Com13 mission shall be appointed for the life of the Com14 mission.

15 (2) VACANCIES.—A vacancy in the Commission

16 shall be filled in the manner in which the original

17 appointment was made.

18 (e) BASIC PAY.—

19 (1) RATES OF PAY.—Members of the Commis20 sion shall serve without pay.

21 (2) PROHIBITION OF COMPENSATION OF FED22 ERAL EMPLOYEES.—Members of the Commission

23 who are full-time officers or employees of the United

24 States may not receive additional pay, allowances, or
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1 benefits by reason of their service on the Commis2 sion.

3 (f) TRAVEL EXPENSES.—Each member of the Com4 mission shall receive travel expenses, including per diem

5 in lieu of subsistence, in accordance with sections 5702

6 and 5703 of title 5, United States Code.

7 (g) CHAIRPERSON.—The President shall designate a

8 member of the Commission as Chairperson at the time of

9 the appointment of that member.

10 (h) MEETINGS.—

11 (1) IN GENERAL.—Subject to paragraph (2),

12 the Commission shall meet at the call of the Chair13 person or a majority of its members.

14 (2) FIRST MEETING.—The Commission shall

15 convene its first meeting by not later than 45 days

16 after the date of the completion of appointment of

17 the member of the Commission.

18 (3) QUORUM.—A majority of members of the

19 Commission shall constitute a quorum but a lesser

20 number may hold hearings.

21 SEC. 204. DIRECTOR AND STAFF OF COMMISSION; EXPERTS

22 AND CONSULTANTS.

23 (a) DIRECTOR.—The Commission shall, without re24 gard to section 5311(b) of title 5, United States Code,

25 have a Director who shall be appointed by the Commis-
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1 sion. The Director shall be paid at the rate of basic pay

2 payable for level IV of the Executive Schedule.

3 (b) STAFF.—With the approval of the Commission,

4 and without regard to section 5311(b) of title 5, United

5 States Code, the Director may appoint and fix the pay

6 of such staff as is sufficient to enable the Commission to

7 carry out its duties.

8 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

9 LAWS.—The Director and staff of the Commission may

10 be appointed without regard to the provisions of title 5,

11 United States Code, governing appointments in the com12 petitive service, and may be paid without regard to the

13 provisions of chapter 51 and subchapter III of chapter 53

14 of that title relating to classification and General Schedule

15 pay rates, except that an individual so appointed may not

16 receive pay in excess of the annual rate of basic pay

17 payable for GS–18 of the General Schedule.

18 (d) EXPERTS AND CONSULTANTS.—The Commission

19 may procure temporary and intermittent services of ex20 perts or consultants under section 3109(b) of title 5,

21 United States Code.

22 (e) STAFF OF FEDERAL AGENCIES.—Upon request

23 of the Director, the head of any Federal department or

24 agency may detail, on a reimbursable basis, any of the
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1 personnel of that department or agency to the Commission

2 to assist it in carrying out its duties under this title.

3 SEC. 205. POWERS OF COMMISSION.

4 (a) HEARINGS AND SESSIONS.—The Commission

5 may, for the purpose of carrying out this title, hold hear6 ings, sit and act at times and places, take testimony, and

7 receive evidence as the Commission considers appropriate.

8 (b) POWERS OF MEMBERS AND AGENTS.—Any mem9 ber or agent of the Commission may, if authorized by the

10 Commission, take any action which the Commission is

11 authorized to take by this section.

12 (c) OBTAINING OFFICIAL DATA.—The Commission

13 may secure directly from any department or agency of the

14 United States information necessary to enable it to carry

15 out this title. Upon request of the Chairperson of the Com16 mission, the head of that department or agency shall fur17 nish that information to the Commission.

18 (d) MAILS.—The Commission may use the United

19 States mails in the same manner and under the same con20 ditions as other departments and agencies of the United

21 States.

22 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon

23 the request of the Commission, the Administrator of Gen24 eral Services shall provide to the Commission, on a reim25 bursable basis, the administrative support services nec-
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1 essary for the Commission to carry out its duties under

2 this title.

3 (f) CONTRACT AUTHORITY.—The Commission may,

4 subject to appropriations, contract with and compensate

5 government and private agencies or persons for property

6 and services used to carry out its duties under this title.

7 SEC. 206. TERMINATION.

8 The Commission shall terminate 90 days after sub9 mitting its final report pursuant to section 202(d).

10 SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

11 There are authorized to be appropriated to the Com12 mission $12,000,000 to carry out this title.

13 TITLE III—INTEGRATED

14 FEDERAL ASSISTANCE

15 SEC. 301. SHORT TITLE.

16 This title may be cited as the ‘‘Community Assistance

17 Improvement Act of 1992’’.

18 SEC. 302. PURPOSE.

19 The purposes of this title are the following:

20 (1) To encourage the integration of Federal

21 grant programs by local governments, when such in22 tegration would further the goals and objectives of

23 the grant programs integrated.

24 (2) To enable more efficient use of Federal,

25 State, and local resources.
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1 (3) To enable local governments to adapt pro2 grams of Federal assistance to the particular needs

3 of low-income citizens and the operating practices of

4 recipients, by drawing upon appropriations available

5 from more than one Federal program.

6 (4) To enable recipients of Federal assistance

7 to more effectively target resources toward areas of

8 significant need for low-income citizens, by integrat9 ing programs and program funds across existing

10 Federal assistance categories.

11 SEC. 303. PROVISION OF FEDERAL ASSISTANCE IN ACCORD12 ANCE WITH APPROVED INTEGRATED ASSIST13 ANCE PLAN.

14 (a) PAYMENTS TO LOCAL GOVERNMENTS.—Notwith15 standing any other provision of law, amounts available to

16 a local government under a covered Federal assistance

17 program included in an approved integrated assistance

18 plan shall be provided to and used by the local government

19 in accordance with that approved integrated assistance

20 plan.

21 (b) ELIGIBILITY FOR BENEFITS.—An individual or

22 family that is eligible for benefits or services under a Fed23 eral program that is a covered Federal assistance program

24 included in an approved integrated assistance plan may

25 receive those benefits only in accordance with the plan.
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1 SEC. 304. APPLICATION FOR APPROVAL OF INTEGRATED

2 ASSISTANCE PLAN.

3 (a) IN GENERAL.—An eligible local government may

4 submit to the Interagency Review Council in accordance

5 with this section an application for approval of an inte6 grated assistance plan.

7 (b) CONTENTS OF APPLICATION.—An application

8 submitted under this section shall include—

9 (1) a proposed integrated assistance plan that

10 complies with subsection (c);

11 (2) certification by each official who has respon12 sibility under State or local law for administering as13 sistance that is provided to the local government (di14 rectly or through intervening grantees or other re15 cipients) under a covered Federal assistance pro16 gram under the plan, that the official approves and

17 will assist in implementing the plan;

18 (3) certification by the chief executive of the

19 local government, and such additional assurances as

20 may be required by the Interagency Review Council

21 (which shall include certification from the Attorney

22 General of the State of the applicant), that—

23 (A) the local government has the ability

24 and authority to implement the proposed plan,

25 either directly or through contractual or other
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1 arrangements, throughout the geographic area

2 in which the proposed plan is intended to apply;

3 (B) amounts are available from non-Fed4 eral sources to pay the non-Federal share of

5 any covered Federal assistance programs under

6 the proposed plan; and

7 (C) low income individuals and families

8 that reside in that geographic area participated

9 in the development of the proposed plan;

10 (4) comments on the proposed plan prepared

11 under subsection (d) by the Governor of the State

12 of the local government; and

13 (5) any other information the Interagency Re14 view Council may require to approve the proposed

15 plan.

16 (c) CONTENTS OF PLAN.—An integrated assistance

17 plan submitted by a local government under this section

18 shall include the following:

19 (1) GEOGRAPHIC AREA.—The geographic area

20 to which the plan applies and the rationale for so de21 fining the area.

22 (2) RECIPIENTS.—The particular groups of in23 dividuals, by age, service needs, economic cir24 cumstances, or other defining factors, who will re25 ceive services and benefits under the plan.
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1 (3) GOALS AND PERFORMANCE CRITERIA.—

2 Specific goals and measurable performance criteria,

3 how the plan is expected to attain those goals and

4 criteria, how performance will be measured, and a

5 system for the comprehensive evaluation of the im6 pact of the plan on participants, the community, and

7 program costs.

8 (4) PUBLIC PARTICIPATION.—Elements that

9 will assist individuals and families who will receive

10 benefits under the plan to participate actively in de11 veloping both long- and short-range plans for bene12 fits provided under the plan and in deciding other

13 matters, including—

14 (A) the scope of services necessary and de15 sired to meet the full range of the individual’s

16 or family’s needs,

17 (B) the choice of provider, and

18 (C) any other choices affecting the service

19 design for that individual or family.

20 (5) COVERED FEDERAL ASSISTANCE PRO21 GRAMS.—The eligible Federal assistance programs

22 to be included as covered Federal assistance pro23 grams under the plan and the specific benefits that

24 will be provided under the plan pursuant to those

25 programs, including criteria for determining eligi-
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1 bility for benefits under the system, the services

2 available, the amounts and form (such as cash, in3 kind contributions, or financial instruments) of non4 service benefits, and any other descriptive informa5 tion the Interagency Review Council considers nec6 essary to approve the plan.

7 (6) FEDERAL REQUIREMENTS TO BE

8 WAIVED.—Any Federal statutory or regulatory re9 quirement applicable under a covered Federal assist10 ance program under the plan, the waiver of which is

11 necessary in order to implement the plan.

12 (7) FISCAL CONTROL AND ACCOUNTABILITY.—

13 Fiscal control and related accountability procedures

14 applicable under the plan.

15 (8) SOURCES OF NON-FEDERAL FUNDS.—A de16 scription of the sources of all non-Federal funds that

17 are required to carry out covered Federal assistance

18 programs under the plan.

19 (9) OTHER INFORMATION.—Any other informa20 tion the Interagency Review Council may require to

21 approve the plan.

22 (d) PROCEDURE FOR APPLYING.—

23 (1) SUBMISSION TO GOVERNOR—To apply for

24 approval of an integrated assistance plan, a local

25 government shall submit a completed application
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1 under this section to the Governor of the State in

2 which the local government is located.

3 (2) SUBMISSION BY GOVERNOR.—A Governor

4 who receives an application from a local government

5 under paragraph (1) shall, by not later than 30 days

6 after the date of that receipt—

7 (A) prepare comments on the proposed in8 tegrated assistance plan included in the applica9 tion; and

10 (B) submit the application and comments

11 to the Interagency Review Council.

12 SEC. 305. REVIEW AND APPROVAL OF INTEGRATED ASSIST13 ANCE PLANS.

14 (a) REVIEW OF APPLICATIONS.—Upon receipt of an

15 application for approval of an integrated assistance plan

16 under this title, the Interagency Review Council shall—

17 (1) review the application and plan in a timely

18 fashion;

19 (2) approve or disapprove the plan within 45

20 days after receipt of the application;

21 (3) notify the applicant local government in

22 writing of that approval or disapproval by not later

23 than 15 days after the date of that approval or dis24 approval; and
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1 (4) in the case of any disapproval of a plan, in2 clude a written justification of the reasons for dis3 approval in the notice of disapproval sent to appli4 cant governments.

5 (b) APPROVAL.—

6 (1) REQUIREMENTS.—The Interagency Review

7 Council may approve an integrated assistance plan

8 for which an application is submitted under this

9 title, or any part of such a plan, if a majority of

10 members of the Council determines that—

11 (A) the plan (or part) will improve the ef12 fectiveness and efficiency of providing benefits

13 under covered Federal programs under the plan

14 by reducing administrative rigidity, duplication,

15 and unnecessary expenditures;

16 (B) the applicant local government has

17 adequately considered, and the plan appro18 priately addresses, any effect that administra19 tion of each covered Federal program under the

20 plan (or part) will have on administration of the

21 other covered Federal programs under that

22 plan;

23 (C) the applicant local government has or

24 is developing data bases, planning, and evalua-
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1 tion processes that are adequate for implement2 ing the plan;

3 (D) implementation of the plan will ade4 quately achieve the purposes of this title and of

5 each covered Federal assistance program under

6 the plan;

7 (E) the plan and the application for ap8 proval of the plan comply with the requirements

9 of this title;

10 (F) the plan is adequate to ensure that in11 dividuals and families that receive benefits

12 under covered Federal assistance programs

13 under the plan will continue to receive benefits

14 under the plan that meet the needs intended to

15 be met under the program; and

16 (G) the level of those benefits will not be

17 reduced for any individual or family.

18 (2) LIMITATION.—The Interagency Review

19 Council may not approve an integrated assistance

20 plan under this title if implementation of the plan

21 would result in any increase in the total amount of

22 obligations or outlays of discretionary appropriations

23 or direct spending under covered Federal assistance

24 programs under the plan, over the amounts of such
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1 obligations and outlays that would occur under those

2 programs without implementation of the plan.

3 (3) APPROVAL IN WHOLE OR IN PART.—

4 (A) IN GENERAL.—The Interagency Re5 view Council may approve an integrated assist6 ance plan under this section, or any part of the

7 plan.

8 (B) DISAPPROVAL OF PART OF PLAN RE9 QUIRED.—The Interagency Review Council

10 shall disapprove a part of an integrated assist11 ance plan if a majority of the Council dis12 approves that part of the plan based on a fail13 ure of the part to comply with paragraph (1).

14 (4) PERIOD OF PLAN.—In approving an inte15 grated assistance plan under this section, the Inter16 agency Review Council shall specify the period dur17 ing which the plan is effective. No plan shall be ef18 fective after the date of the termination of effective19 ness of this title under section 311(a).

20 (5) ELIGIBILITY UNDER FEDERAL PROGRAMS

21 NOT AFFECTED.—Disapproval by the Interagency

22 Review Council of an integrated assistance plan sub23 mitted by a local government under this title shall

24 not affect the eligibility of the local government or
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1 of any individual for benefits under any Federal

2 program.

3 (c) MEMORANDA OF UNDERSTANDING.—

4 (1) IN GENERAL.—The Interagency Review

5 Council may not approve an integrated Federal as6 sistance plan unless the local government which ap7 plies for that approval enters into a memorandum of

8 understanding under this subsection with the Inter9 agency Review Council.

10 (2) TERMS.—A memorandum of understanding

11 under this subsection shall specify all understand12 ings that have been reached by the Interagency Re13 view Council and the local government regarding the

14 approval and implementation of the integrated as15 sistance plan that is the subject of the memoran16 dum, including with respect to—

17 (A) all requirements under covered Federal

18 assistance programs that are to be waived by

19 the Interagency Review Council pursuant to

20 section 306(b);

21 (B) the total amount of Federal funds that

22 will be provided as benefits under or used to ad23 minister the plan, or a mechanism for determin24 ing that amount, including specification of the

25 total amount of Federal funds that will be pro-
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1 vided or used under each covered Federal

2 assistance program;

3 (C) the sources of all non-Federal funds

4 that will be provided as benefits under or used

5 to administer the plan;

6 (D) measurable performance criteria that

7 will be used during the term of the plan to de8 termine the extent to which the goals and per9 formance levels of the plan are achieved; and

10 (E) the data to be collected to make that

11 determination.

12 (d) LIMITATION.—The Interagency Review Council

13 may not, as a condition of approval of an integrated assist14 ance plan or with respect to the implementation of an ap15 proved integrated assistance plan, establish any confiden16 tiality requirement which would impede the exchange of

17 information needed for the design or provision of benefits

18 under the plan or conflict with existing law.

19 SEC. 306. IMPLEMENTATION OF APPROVED INTEGRATED

20 ASSISTANCE PLANS.

21 (a) PAYMENTS AND ADMINISTRATION IN ACCORD22 ANCE WITH PLAN.—Notwithstanding any other law, any

23 benefit which, under an eligible Federal assistance pro24 gram, is required to be provided to or administered by a

25 State or local government official shall be paid or adminis-
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1 tered in the manner specified in an approved integrated

2 assistance plan if the certification of that official is in3 cluded in the application for approval of the plan pursuant

4 to section 304(b)(2).

5 (b) WAIVER OF REQUIREMENTS.—

6 (1) IN GENERAL.—Notwithstanding any other

7 provision of law, the Interagency Review Council

8 may waive any requirement applicable under Federal

9 law to the administration of, or provision of benefits

10 under, any eligible Federal assistance program that

11 is a covered Federal assistance program under an

12 approved integrated assistance plan, if that waiver

13 is—

14 (A) reasonably necessary for the implemen15 tation of the plan; and

16 (B) approved by a majority of members of

17 the Interagency Review Council.

18 (2) FINDING REQUIRED.—The Interagency Re19 view Council may not waive a requirement under

20 this subsection unless the Council finds that waiver

21 of the requirement will not result in a reduction in

22 services or benefits for any individual or family that

23 is eligible for benefits under a covered Federal

24 assistance program.
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1 (3) LIMITATIONS.—The Interagency Review

2 Council may not waive under this subsection any re3 quirement—

4 (A) established by statute or regulation

5 under—

6 (i) title VI of the Civil Rights Act of

7 1964 (42 U.S.C. 2000d et seq.);

8 (ii) section 504 of the Rehabilitation

9 Act of 1973 (29 U.S.C. 701 et seq.);

10 (iii) title IX of the Education Amend11 ments of 1972 (86 Stat. 373 et seq.);

12 (iv) the Age Discrimination Act of

13 1975 (42 U.S.C. 6101 et seq.); or

14 (B) for payment of a non-Federal share of

15 funding of an activity under a covered Federal

16 assistance program.

17 (c) EVALUATION AND TERMINATION.—

18 (1) IN GENERAL.—A local government, in ac19 cordance with regulations to be issued by the Inter20 agency Review Council, shall—

21 (A) submit such reports on and cooperate

22 in such audits of the implementation of its ap23 proved integrated assistance program as the

24 Interagency Review Council may require; and
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1 (B) pursuant to regulations to be issued by

2 the Interagency Review Council periodically

3 evaluate the effect that implementation of the

4 plan has had on—

5 (i) individuals who receive benefits

6 under the plan;

7 (ii) communities where those individ8 uals live; and

9 (iii) costs of administering covered

10 Federal assistance programs under the

11 plan.

12 (2) ANNUAL REPORTS.—Not later than 90 days

13 after the end of the 1-year period beginning on the

14 date of the approval by the Interagency Review

15 Council of an approved integrated assistance plan of

16 a local government, and annually thereafter, the

17 local government shall submit to the Interagency Re18 view Council a report on the principal activities and

19 achievements under the plan during the period cov20 ered by the report, and comparing those achieve21 ments to the goals and measurable performance cri22 teria included in the plan pursuant to section

23 304(c)(3).

24 (3) TERMINATION OF PLAN.—
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1 (A) IN GENERAL.—If the Interagency Re2 view Council, after consultation with the head

3 of each Federal agency responsible for admin4 istering a covered Federal assistance program

5 under an approved integrated assistance plan of

6 a local government, determines that—

7 (i) the local government has substan8 tially failed to achieve the goals and per9 formance criteria included in the plan pur10 suant to section 304(c)(3); and

11 (ii) in consideration of any experiences

12 gained in implementation of the plan,

13 those goals and criteria are sound;

14 the Interagency Review Council may terminate

15 the effectiveness of the plan.

16 (B) TIMING.—In terminating the effective17 ness of an approved integrated assistance plan

18 under this paragraph, the Interagency Review

19 Council shall allow a reasonable period of time

20 for appropriate Federal, State, and local agen21 cies to resume administration of Federal pro22 grams that were covered Federal assistance

23 programs under the plan.

24 (d) FINAL REPORT; EXTENSION OF PLANS.—
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1 (1) FINAL REPORT OF LOCAL GOVERNMENT.—

2 Not later than 45 days after the end of the effective

3 period of an approved integrated assistance plan of

4 a local government, or at any time that the local

5 government determines that the plan has dem6 onstrated its worth and proven to be a superior way

7 to provide benefits under covered Federal assistance

8 programs under the plan, the local government shall

9 submit a final report on its implementation of the

10 plan (including a full evaluation of the successes and

11 shortcomings of the plan and the effects of that im12 plementation on individuals who receive benefits

13 under those programs) to the Interagency Review

14 Council.

15 (2) EXTENSION OF PLAN.—The Interagency

16 Review Council may extend the effective period of an

17 approved integrated assistance plan for such period

18 as may be appropriate, based on the report of a local

19 government under paragraph (1).

20 SEC. 307. COMMUNITY ADVISORY COMMITTEES.

21 (a) ESTABLISHMENT.—A local government which ap22 plies for approval of an integrated assistance plan under

23 this title shall establish a Community Advisory Committee

24 in accordance with this section.
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1 (b) FUNCTIONS.—A Community Advisory Committee

2 shall advise a local government in the development and

3 implementation of its integrated assistance plan, including

4 with respect to—

5 (1) conducting public hearings;

6 (2) representing the interest of low income indi7 viduals and families; and

8 (3) reviewing and commenting on all commu9 nity policies, programs, and actions under the plan

10 which affect low income individuals and families,

11 with the purpose of assuring maximum coordination

12 and responsiveness of the plan in providing benefits

13 under the plan to those individuals and families.

14 (c) MEMBERSHIP.—The membership of a Community

15 Advisory Committee shall—

16 (1) consist of—

17 (A) low income individuals, who shall—

18 (i) comprise at least one-third of the

19 membership, and

20 (ii) include minority individuals who

21 are participants or who qualify to partici22 pate in eligible Federal assistance pro23 grams;

24 (B) representatives of low income individ25 uals and families;
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1 (C) representatives of services provider or2 ganizations;

3 (D) persons with leadership experience in

4 the private and voluntary sectors;

5 (E) local elected officials; and

6 (F) the general public; and

7 (2) include individuals and representatives of

8 community organizations who will help to enhance

9 the leadership role of the local government in devel10 oping an integrated assistance plan.

11 (d) OPPORTUNITY FOR REVIEW AND COMMENT BY

12 COMMITTEE.—Before submitting an application for ap13 proval of a final proposed integrated assistance plan for

14 approval under this title, a local government shall submit

15 the plan for review and comment by a Community Advi16 sory Committee established by the local government.

17 SEC. 308. TECHNICAL AND OTHER ASSISTANCE.

18 (a) TECHNICAL ASSISTANCE.—

19 (1) IN GENERAL.—The Interagency Review

20 Council may provide, or direct that the head of a

21 Federal agency provide, technical assistance to a

22 local government in developing information nec23 essary for the design or implementation of an inte24 grated assistance plan for which approval is applied

25 for under this title.
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1 (2) REQUEST AND ASSURANCES.—Assistance

2 may be provided under this subsection only upon re3 ceipt of a request from a local government that in4 cludes, in accordance with requirements to be estab5 lished by the Interagency Review Council—

6 (A) a description of the nature of the inte7 grated assistance plan the local government

8 proposes to develop;

9 (B) the groups of individuals to whom ben10 efits will be provided under covered Federal as11 sistance programs under the plan; and

12 (C) such assurances as the Interagency

13 Review Council may require that—

14 (i) in the development of the applica15 tion to be submitted under this title for ap16 proval of the plan, the local government

17 will provide adequate opportunities to par18 ticipate to—

19 (I) low income individuals and

20 families that will receive benefits

21 under covered Federal assistance pro22 grams under the plan; and

23 (II) governmental agencies that

24 administer those programs; and
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1 (ii) the plan will be developed only

2 after considering fully—

3 (I) needs expressed by those indi4 viduals and families;

5 (II) community priorities; and

6 (III) available governmental re7 sources in the geographic area to

8 which the plan will apply.

9 (b) DETAILS TO COUNCIL.—At the request of the

10 Chairman of the Interagency Review Council and with the

11 approval of the Secretary of a department, staff of the

12 department may be detailed to the Interagency Review

13 Council on a nonreimbursable basis.

14 SEC. 309. INTERAGENCY REVIEW COUNCIL.

15 (a) COMPOSITION.—There is established the Inter16 agency Review Council, which shall be comprised of—

17 (1) an individual appointed by the Secretary of

18 Agriculture;

19 (2) an individual appointed by the Attorney

20 General of the United States;

21 (3) an individual appointed by the Secretary of

22 Education;

23 (4) an individual appointed by the Secretary of

24 Health and Human Services;
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1 (5) an individual appointed by the Secretary of

2 Housing and Urban Development;

3 (6) an individual appointed by the Secretary of

4 Labor; and

5 (7) an individual appointed by the President,

6 who shall serve as Chairperson of the Interagency

7 Review Council.

8 (b) FUNCTIONS.—The Interagency Review Council

9 shall—

10 (1) receive, review, and approve or disapprove

11 integrated assistance plans for which approval is ap12 plied under this title;

13 (2) pursuant to a request from an applicant for

14 such approval, direct the head of an agency which

15 administers a covered Federal program under which

16 the preponderance of Federal assistance would be

17 provided under the plan, to provide technical assist18 ance to the applicant;

19 (3) monitor the progress of development and

20 implementation of integrated assistance plans; and

21 (4) perform such other functions as are as22 signed to the Interagency Review Council by this

23 title.
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1 (c) POWERS OF COUNCIL MEMBERS.—Each Inter2 agency Review Council member shall have the authority

3 to—

4 (1) vote on behalf of the department head who

5 appointed the member to approve or disapprove an

6 integrated assistance plan in whole or in part;

7 (2) vote on behalf of that department head to

8 waive any Federal requirements for Federal pro9 grams for which waiver is sought and for which

10 waiver is necessary for the success of the program.

11 SEC. 310. DEFINITIONS.

12 In this title—

13 (1) APPROVED INTEGRATED ASSISTANCE

14 PLAN.—The term ‘‘approved integrated assistance

15 plan’’ means an integrated assistance plan, or any

16 part of such a plan, that is approved by the Inter17 agency Review Council under section 305.

18 (2) COMMUNITY ADVISORY COMMITTEE.—The

19 term ‘‘Community Advisory Committee’’ means such

20 a council established in accordance with section 306

21 by a local government.

22 (3) COVERED FEDERAL ASSISTANCE PRO23 GRAM.—The term ‘‘covered Federal assistance pro24 gram’’ means an eligible Federal assistance program
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1 that is included under an integrated assistance plan

2 of a local government.

3 (4) ELIGIBLE FEDERAL ASSISTANCE PRO4 GRAM.—The term ‘‘eligible Federal assistance pro5 gram’’—

6 (A) means any Federal program under

7 which assistance is available, directly or indi8 rectly, to a local government to carry out a pro9 gram for—

10 (i) education,

11 (ii) employment training,

12 (iii) health,

13 (iv) housing,

14 (v) nutrition, or

15 (vi) other social services; and

16 (B) does not include any Federal program

17 under which assistance is provided by the Fed18 eral Government directly to a beneficiary of

19 that assistance.

20 (5) ELIGIBLE LOCAL GOVERNMENT.—The term

21 ‘‘eligible local government’’ means a general purpose

22 local government that is receiving or eligible to re23 ceive assistance under 1 or more covered Federal

24 programs.
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1 (6) INTERAGENCY REVIEW COUNCIL.—The

2 term ‘‘Interagency Review Council’’ means such

3 council established under section 308.

4 (7) INTEGRATED ASSISTANCE PLAN.—The term

5 ‘‘integrated assistance plan’’ means a comprehensive

6 plan for the integration and administration by a

7 local government of assistance provided by the Fed8 eral Government under 2 or more covered Federal

9 assistance programs.

10 (8) LOCAL GOVERNMENT.—The term ‘‘local

11 government’’ means any subdivision of a State that

12 is a unit of general purpose local government.

13 (9) LOW INCOME.—The term ‘‘low income’’

14 means having an income that is not greater than

15 200 percent of the Federal poverty income level.

16 (10) STATE.—The term ‘‘State’’ means the 50

17 States, the District of Columbia, Puerto Rico, Amer18 ican Samoa, Guam, and the Virgin Islands.

19 SEC. 311. TERMINATION; REPORT.

20 (a) TERMINATION.—This title shall not be effective

21 after the date that is 5 years after the date of its enact22 ment.

23 (b) REPORT.—The Comptroller General of the Unit24 ed States shall submit to the Congress, by no later than

25 4 years after the date of the enactment of this Act, a re-
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1 port describing the extent to which local governments have

2 established and implemented integrated assistance plans,

3 evaluating the effectiveness of covered programs, and in4 cluding recommendations with respect to continuing inte5 grated assistance.

6 TITLE IV—ESTIMATION OF LEG7 ISLATIVE IMPACT ON STATE

8 AND LOCAL GOVERNMENTS

9 SEC. 401. ANALYSIS BY CONGRESSIONAL BUDGET OFFICE.

10 Section 403(a) of the Congressional Budget Act of

11 1974 is amended—

12 (1) by inserting ‘‘or conference report’’ before

13 ‘‘, and submit’’; and

14 (2) by striking ‘‘if timely submitted to such

15 committee before such report is filed’’ and inserting

16 ‘‘or the joint explanatory statement accompanying

17 such conference report’’.

18 SEC. 402. RECONCILIATION INSTRUCTIONS.

19 Section 310(a) of the Congressional Budget Act of

20 1974 is amended by striking ‘‘or’’ at the end of paragraph

21 (3), by striking the period and inserting ‘‘; or’’ at the end

22 of paragraph (4), and by inserting after paragraph (4) the

23 following:

24 ‘‘(5) direct any committee receiving an instruc25 tion under paragraph (1) or (2) to include the esti-
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1 mate required by section 403(a) with the reconcili2 ation legislation that carries out such instruction.’’.

3 TITLE V—REGULATORY

4 FLEXIBILITY ANALYSIS

5 SEC. 501. JUDICIAL REVIEW.

6 Section 611(b) of title 5, United States Code, is

7 amended in the second sentence by inserting ‘‘, and any

8 determination made by the head of a Federal agency for

9 purposes of section 605(b),’’ after ‘‘regulatory flexibility

10 analysis’’.

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