In the House of Representatives, U. S.,

February 1, 1995.

Resolved, That the bill from the Senate (S. 1) entitled

‘‘An Act to curb the practice of imposing unfunded Federal

mandates on States and local governments; to strengthen the

partnership between the Federal Government and State, local

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

of full consideration by Congress, of Federal mandates on

State, local, and tribal governments without adequate funding, in a manner that may displace other essential governmental priorities; and to ensure that the Federal Government

pays the costs incurred by those governments in complying

with certain requirements under Federal statutes and regulations, and for other purposes’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Unfunded Mandate Re3 form Act of 1995’’.

4 SEC. 2. PURPOSES.

5 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;
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1 (2) to end the imposition, in the absence of full

2 consideration by Congress, of Federal mandates on

3 States, local governments, and tribal governments in

4 a manner that may displace other essential State,

5 local, and tribal governmental priorities;

6 (3) to assist Congress in its consideration of pro7 posed legislation establishing or revising Federal pro8 grams containing Federal mandates affecting States,

9 local governments, tribal governments, and the pri10 vate sector by—

11 (A) providing for the development of infor12 mation about the nature and size of mandates in

13 proposed legislation; and

14 (B) establishing a mechanism to bring such

15 information to the attention of the Senate and

16 House of Representatives before the Senate and

17 House of Representatives votes on proposed legis18 lation;

19 (4) to promote informed and deliberate decisions

20 by Congress on the appropriateness of Federal man21 dates in any particular instance;

22 (5) to establish a point-of-order vote on the con23 sideration in the Senate and House of Representatives

24 of legislation containing significant Federal man25 dates;
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1 (6) to assist Federal agencies in their consider2 ation of proposed regulations affecting States, local

3 governments, and tribal governments, by—

4 (A) requiring that Federal agencies develop

5 a process to enable the elected and other officials

6 of States, local governments, and tribal govern7 ments to provide input when Federal agencies

8 are developing regulations; and

9 (B) requiring that Federal agencies prepare

10 and consider better estimates of the budgetary

11 impact of regulations containing Federal man12 dates upon States, local governments, and tribal

13 governments before adopting such regulations,

14 and ensuring that small governments are given

15 special consideration in that process;

16 (7) to establish the general rule that Congress

17 shall not impose Federal mandates on States, local

18 governments, and tribal governments without provid19 ing adequate funding to comply with such mandates;

20 and

21 (8) to begin consideration of methods to relieve

22 States, local governments, and tribal governments of

23 unfunded mandates imposed by Federal court inter24 pretations of Federal statutes and regulations.
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1 SEC. 3. DEFINITIONS.

2 For purposes of this Act—

3 (1) the terms ‘‘agency’’, ‘‘Federal financial as4 sistance’’, ‘‘Federal private sector mandate’’, ‘‘Federal

5 mandate’’ (except as provided by section 108), ‘‘local

6 government’’, ‘‘private sector’’, ‘‘regulation’’ or ‘‘rule’’,

7 and ‘‘State’’ have the meaning given those terms by

8 section 421 of the Congressional Budget Act of 1974;

9 and

10 (2) the term ‘‘small government’’ means any

11 small governmental jurisdiction as defined in section

12 601(5) of title 5, United States Code, and any tribal

13 government.

14 SEC. 4. LIMITATION ON APPLICATION.

15 This Act shall not apply to any provision in a Federal

16 statute or a proposed or final Federal regulation, that—

17 (1) enforces constitutional rights of individuals;

18 (2) establishes or enforces any statutory rights

19 that prohibit discrimination on the basis of age, race,

20 religion, gender, national origin, or handicapped or

21 disability status;

22 (3) requires compliance with accounting and au23 diting procedures with respect to grants or other

24 money or property provided by the Federal Govern25 ment;
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1 (4) provides for emergency assistance or relief at

2 the request of any State, local government, or tribal

3 government or any official of such a government;

4 (5) is necessary for the national security or the

5 ratification or implementation of international treaty

6 obligations;

7 (6) the President designates as emergency legisla8 tion and that the Congress so designates in statute; or

9 (7) pertains to Social Security.

10 TITLE I—REVIEW OF UNFUNDED FEDERAL

11 MANDATES

12 SEC. 101. REPORT ON UNFUNDED FEDERAL MANDATES BY

13 ADVISORY COMMISSION ON INTERGOVERN14 MENTAL RELATIONS.

15 (a) IN GENERAL.—The Advisory Commission shall in

16 accordance with this section—

17 (1) investigate and review the role of unfunded

18 Federal mandates in intergovernmental relations and

19 their impact on State, local, tribal, and Federal Gov20 ernment objectives and responsibilities, and their im21 pact on the competitive balance between States, local

22 and tribal governments, and the private sector and

23 consider views of and the impact on working men and

24 women on those same matters;
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1 (2) investigate and review the role of unfunded

2 State mandates imposed on local governments, the

3 private sector, and individuals;

4 (3) investigate and review the role of unfunded

5 local mandates imposed on the private sector and in6 dividuals; and

7 (4) make recommendations to the President and

8 the Congress regarding—

9 (A) allowing flexibility for State, local, and

10 tribal governments in complying with specific

11 unfunded Federal mandates for which terms of

12 compliance are unnecessarily rigid or complex;

13 (B) reconciling any 2 or more unfunded

14 Federal mandates which impose contradictory or

15 inconsistent requirements;

16 (C) terminating unfunded Federal man17 dates which are duplicative, obsolete, or lacking

18 in practical utility;

19 (D) suspending, on a temporary basis, un20 funded Federal mandates which are not vital to

21 public health and safety and which compound

22 the fiscal difficulties of State, local, and tribal

23 governments, including recommendations for

24 triggering such suspension;
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1 (E) consolidating or simplifying unfunded

2 Federal mandates, or the planning or reporting

3 requirements of such mandates, in order to re4 duce duplication and facilitate compliance by

5 State, local, and tribal governments with those

6 mandates;

7 (F) establishing common Federal definitions

8 or standards to be used by State, local, and trib9 al governments in complying with unfunded

10 Federal mandates that use different definitions

11 or standards for the same terms or principles;

12 and

13 (G) establishing procedures to ensure that,

14 in cases in which a Federal private sector man15 date applies to private sector entities which are

16 competing directly or indirectly with States,

17 local governments, or tribal governments for the

18 purpose of providing substantially similar goods

19 or services to the public, any relief from un20 funded Federal mandates is applied in the same

21 manner and to the same extent to the private

22 sector entities as it is to the States, local govern23 ments, and tribal governments with which they

24 compete, and to ensure that unfunded Federal
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1 mandate relief does not increase private sector

2 burdens.

3 Each recommendation under paragraph (4) shall, to the ex4 tent practicable, identify the specific unfunded Federal

5 mandates to which the recommendation applies.

6 (b) CRITERIA.—

7 (1) IN GENERAL.—The Advisory Commission

8 shall establish criteria for making recommendations

9 under subsection (a).

10 (2) ISSUANCE OF PROPOSED CRITERIA.—The Ad11 visory Commission shall issue proposed criteria under

12 this subsection not later than 60 days after the date

13 of the enactment of this Act, and thereafter provide a

14 period of 30 days for submission by the public of com15 ments on the proposed criteria.

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

17 after the date of issuance of proposed criteria, the Ad18 visory Commission shall—

19 (A) consider comments on the proposed cri20 teria received under paragraph (4);

21 (B) adopt and incorporate in final criteria

22 any recommendations submitted in those com23 ments that the Advisory Commission determines

24 will aid the Advisory Commission in carrying

25 out its duties under this section; and
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1 (C) issue final criteria under this sub2 section.

3 (c) PRELIMINARY REPORT.—

4 (1) IN GENERAL.—Not later than 9 months after

5 the date of the enactment of this Act, the Advisory

6 Commission shall—

7 (A) prepare and publish a preliminary re8 port on its activities under this title, including

9 preliminary recommendations pursuant to sub10 section (a);

11 (B) publish in the Federal Register a notice

12 of availability of the preliminary report; and

13 (C) provide copies of the preliminary report

14 to the public upon request.

15 (2) PUBLIC HEARINGS.—The Advisory Commis16 sion shall hold public hearings on the preliminary

17 recommendations contained in the preliminary report

18 of the Advisory Commission under this subsection.

19 (d) FINAL REPORT.—Not later than 3 months after the

20 date of the publication of the preliminary report under sub21 section (c), the Advisory Commission shall submit to the

22 Congress, including the Committee on Government Reform

23 and Oversight of the House of Representatives and the Com24 mittee on Governmental Affairs of the Senate, and to the

25 President a final report on the findings, conclusions, and
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1 recommendations of the Advisory Commission under this

2 section.

3 (e) PRIORITY TO MANDATES THAT ARE SUBJECT OF

4 JUDICIAL PROCEEDINGS.—In carrying out this section, the

5 Advisory Commission shall give the highest priority to im6 mediately investigating, reviewing, and making rec7 ommendations regarding unfunded Federal mandates that

8 are the subject of judicial proceedings between the United

9 States and a State, local, or tribal government.

10 (f) STATE MANDATE AND LOCAL MANDATE DE11 FINED.—As used in this title:

12 (1) STATE MANDATE.—The term ‘‘State man13 date’’ means any provision in a State statute or regu14 lation that imposes an enforceable duty on local gov15 ernments, the private sector, or individuals, including

16 a condition of State assistance or a duty arising from

17 participation in a voluntary State program.

18 (2) LOCAL MANDATE.—The term ‘‘local man19 date’’ means any provision in a local ordinance or

20 regulation that imposes an enforceable duty on the

21 private sector or individuals, including a condition of

22 local assistance or a duty arising from participation

23 in a voluntary local program.
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1 SEC. 102. SPECIAL AUTHORITIES OF ADVISORY COMMIS2 SION.

3 (a) EXPERTS AND CONSULTANTS.—The Advisory

4 Commission may procure temporary and intermittent serv5 ices of experts or consultants under section 3109(b) of title

6 5, United States Code.

7 (b) STAFF OF FEDERAL AGENCIES.—Upon request of

8 the Executive Director of the Advisory Commission, the

9 head of any Federal department or agency may detail, on

10 a reimbursable basis, any of the personnel of that depart11 ment or agency to the Advisory Commission to assist it in

12 carrying out its duties under this title.

13 (c) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

14 request of the Advisory Commission, the Administrator of

15 General Services shall provide to the Advisory Commission,

16 on a reimbursable basis, the administrative support services

17 necessary for the Advisory Commission to carry out its du18 ties under this title.

19 (d) CONTRACT AUTHORITY.—The Advisory Commis20 sion may, subject to appropriations, contract with and com21 pensate Government and private agencies or persons for

22 property and services used to carry out its duties under

23 this title.

24 SEC. 103. DEFINITIONS.

25 In this title:
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1 (1) ADVISORY COMMISSION.—The term ‘‘Advi2 sory Commission’’ means the Advisory Commission

3 on Intergovernmental Relations.

4 (2) FEDERAL MANDATE.—The term ‘‘Federal

5 mandate’’ means any provision in statute or regula6 tion or any Federal court ruling that imposes an en7 forceable duty upon States, local governments, or trib8 al governments including a condition of Federal as9 sistance or a duty arising from participation in a

10 voluntary Federal program.

11 TITLE II—REGULATORY ACCOUNTABILITY

12 AND REFORM

13 SEC. 201. REGULATORY PROCESS.

14 (a) IN GENERAL.—Each agency shall, to the extent

15 permitted by subchapter II of chapter 5 of title 5, United

16 States Code—

17 (1) assess the effects of Federal regulations on

18 States, local governments, tribal governments, and the

19 private sector (other than to the extent that such regu20 lations incorporate requirements specifically set forth

21 in legislation), including specifically the availability

22 of resources to carry out any Federal mandates in

23 those regulations; and

24 (2) seek to minimize those burdens that uniquely

25 or significantly affect such governmental entities or
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1 the private sector, consistent with achieving statutory

2 and regulatory objectives.

3 (b) STATE, LOCAL GOVERNMENT, AND TRIBAL GOV4 ERNMENT INPUT.—Each agency shall develop an effective

5 process to permit elected officials (or their designated rep6 resentatives) of States, local governments, and tribal gov7 ernments to provide meaningful and timely input in the

8 development of regulatory proposals containing significant

9 Federal intergovernmental mandates.

10 (c) AGENCY PLAN.—Before establishing any regulatory

11 requirements that might significantly or uniquely affect

12 small governments, an agency shall have developed a plan

13 under which the agency shall—

14 (1) provide notice of the contemplated require15 ments to potentially affected small governments, if

16 any;

17 (2) enable officials of affected small governments

18 to provide input pursuant to subsection (b); and

19 (3) inform, educate, and advise small govern20 ments on compliance with the requirements.

21 (d) LEAST BURDENSOME OPTION OR EXPLANATION

22 REQUIRED.—An agency may not issue a rule that contains

23 a Federal mandate if the rulemaking record for the rule

24 indicates that there are 2 or more methods that could be

25 used to accomplish the objective of the rule, unless—
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1 (1) the Federal mandate is the least costly meth2 od, or has the least burdensome effect, for—

3 (A) States, local governments, and tribal

4 governments, in the case of a rule containing a

5 Federal intergovernmental mandate, and

6 (B) the private sector, in the case of a rule

7 containing a Federal private sector mandate; or

8 (2) the agency publishes with the final rule an

9 explanation of why the more costly or burdensome

10 method of the Federal mandate was adopted.

11 SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFICANT REG12 ULATORY ACTIONS.

13 (a) IN GENERAL.—Before promulgating any final rule

14 that includes any Federal mandate that may result in the

15 expenditure by States, local governments, or tribal govern16 ments, in the aggregate, or the private sector of at least

17 $100,000,000 (adjusted annually for inflation) in any 1

18 year, and before promulgating any general notice of pro19 posed rulemaking that is likely to result in promulgation

20 of any such rule, the agency shall prepare a written state21 ment identifying the provision of Federal law under which

22 the rule is being promulgated and containing—

23 (1) estimates by the agency, including the under24 lying analysis, of the anticipated costs to States, local

25 governments, tribal governments, and the private sec-
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1 tor of complying with the Federal mandates, and of

2 the extent to which such costs may be paid with funds

3 provided by the Federal Government or otherwise

4 paid through Federal financial assistance;

5 (2) estimates by the agency, if and to the extent

6 that the agency determines that accurate estimates

7 are reasonably feasible; of—

8 (A) the future costs of the Federal mandate;

9 and

10 (B) any disproportionate budgetary effects

11 of the Federal mandates upon any particular re12 gions of the country or particular States, local

13 governments, tribal governments, urban or rural

14 or other types of communities, or particular seg15 ments of the private sector;

16 (3) a qualitative, and if possible, a quantitative

17 assessment of costs and benefits anticipated from the

18 Federal mandates (such as the enhancement of health

19 and safety and the protection of the natural environ20 ment);

21 (4) the effect of Federal private sector mandates

22 on the national economy, including the effect on pro23 ductivity, economic growth, full employment, creation

24 of productive jobs, worker benefits and pensions, and
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1 international competitiveness of United States goods

2 and services;

3 (5) a description of the extent of the agency’s

4 prior consultation with elected representatives (or

5 their designated representatives) of the affected States,

6 local governments, and tribal governments, and des7 ignated representatives of the private sector;

8 (6) a summary of the comments and concerns

9 that were presented by States, local governments, or

10 tribal governments and the private sector either orally

11 or in writing to the agency;

12 (7) a summary of the agency’s evaluation of

13 those comments and concerns; and

14 (8) the agency’s position supporting the need to

15 issue the regulation containing the Federal mandates

16 (considering, among other things, the extent to which

17 costs may or may not be paid with funds provided by

18 the Federal Government).

19 (b) PROMULGATION.—In promulgating a general no20 tice of proposed rulemaking or a final rule for which a

21 statement under subsection (a) is required, the agency shall

22 include in the promulgation a summary of the information

23 contained in the statement.

24 (c) PREPARATION IN CONJUNCTION WITH OTHER

25 STATEMENT.—Any agency may prepare any statement re-
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1 quired by subsection (a) in conjunction with or as part of

2 any other statement or analysis, if the statement or analysis

3 satisfies the provisions of subsection (a).

4 SEC. 203. ASSISTANCE TO THE CONGRESSIONAL BUDGET

5 OFFICE.

6 The Director of the Office of Management and Budget

7 shall—

8 (1) collect from agencies the statements prepared

9 under section 202; and

10 (2) periodically forward copies of them to the

11 Director of the Congressional Budget Office on a rea12 sonably timely basis after promulgation of the general

13 notice of proposed rulemaking or of the final rule for

14 which the statement was prepared.

15 SEC. 204. PILOT PROGRAM ON SMALL GOVERNMENT FLEXI16 BILITY.

17 (a) IN GENERAL.—The Director of the Office of Man18 agement and Budget, in consultation with Federal agencies,

19 shall establish pilot programs in at least 2 agencies to test

20 innovative and more flexible regulatory approaches that—

21 (1) reduce reporting and compliance burdens on

22 small governments; and

23 (2) meet overall statutory goals and objectives.
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1 (b) PROGRAM FOCUS.—The pilot programs shall focus

2 on rules in effect or proposed rules or on a combination

3 thereof.

4 SEC. 205. ANNUAL REPORT TO CONGRESS REGARDING FED5 ERAL COURT RULINGS.

6 Not later than 4 months after the date of enactment

7 of this Act, and no later than March 15 of each year there8 after, the Advisory Commission on Intergovernmental Rela9 tions shall submit to the Congress, including each of the

10 Committee on Government Reform and Oversight of the

11 House of Representatives and the Committee on Govern12 mental Affairs of the Senate, and to the President a report

13 describing Federal court rulings in the preceding calendar

14 year which imposed an enforceable duty on 1 or more

15 States, local governments, or tribal governments.

16 SEC. 206. JUDICIAL REVIEW.

17 (a) REVIEW OF AGENCY ACTIONS SUBJECT TO REVIEW

18 UNDER OTHER FEDERAL LAW.—If an agency action that

19 is subject to section 201 or 202 is subject to judicial review

20 under any other Federal law (other than chapter 7 of title

21 5, United States Code)—

22 (1) any court of the United States having juris23 diction to review the action under the other law shall

24 have jurisdiction to review the action under sections

25 201 and 202; and
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1 (2) in any proceeding under paragraph (1), any

2 issue relating exhaustion of remedies, the time and

3 manner for seeking review, venue, or the availability

4 of a stay or preliminary injunctive relief pending re5 view shall be determined under the other law.

6 (b) LIMITATION ON PRELIMINARY INJUNCTIVE RE7 LIEF.—The second sentence of section 705 of title 5, United

8 States Code (relating to preliminary relief pending review),

9 shall not apply with respect to review under subsection

10 (a)(1) of an agency action, unless process authorized by that

11 sentence is not authorized by the other law under which

12 the action is reviewed.

13 SEC. 207. ANNUAL STATEMENTS TO CONGRESS ON AGENCY

14 COMPLIANCE WITH REQUIREMENTS OF

15 TITLE.

16 Not later than one year after the effective date of title

17 III and annually thereafter, the Director of the Office of

18 Management and Budget shall submit to Congress, includ19 ing the Committee on Government Reform and Oversight

20 of the House of Representatives and the Committee on Gov21 ernmental Affairs of the Senate, written statements detail22 ing the compliance with the requirements of sections 201

23 and 202 by each agency during the period reported on.
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1 TITLE III—LEGISLATIVE ACCOUNTABILITY

2 AND REFORM

3 SEC. 301. LEGISLATIVE MANDATE ACCOUNTABILITY AND

4 REFORM.

5 Title IV of the Congressional Budget Act of 1974 is

6 amended by—

7 (1) inserting before section 401 the following:

8 ‘‘PART A—GENERAL PROVISIONS’’; and

9 (2) adding at the end the following new part:

10 ‘‘PART B—FEDERAL MANDATES

11 ‘‘SEC. 421. DEFINITIONS.

12 ‘‘For purposes of this part:

13 ‘‘(1) AGENCY.—The term ‘agency’ has the mean14 ing stated in section 551(1) of title 5, United States

15 Code, but does not include independent regulatory

16 agencies, as defined by section 3502(10) of title 44,

17 United States Code.

18 ‘‘(2) DIRECTOR.—The term ‘Director’ means the

19 Director of the Congressional Budget Office.

20 ‘‘(3) FEDERAL FINANCIAL ASSISTANCE.—The

21 term ‘Federal financial assistance’ means the amount

22 of budget authority for any Federal grant assistance

23 or any Federal program providing loan guarantees or

24 direct loans.
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1 ‘‘(4) FEDERAL INTERGOVERNMENTAL MAN2 DATE.—The term ‘Federal intergovernmental man3 date’ means—

4 ‘‘(A) any provision in legislation, statute,

5 or regulation that—

6 ‘‘(i) would impose an enforceable duty

7 upon States, local governments, or tribal

8 governments, except—

9 ‘‘(I) a condition of Federal assist10 ance; or

11 ‘‘(II) a duty arising from partici12 pation in a voluntary Federal pro13 gram, except as provided in subpara14 graph (B); or

15 ‘‘(ii) would reduce or eliminate the

16 amount of authorization of appropriations

17 for Federal financial assistance that would

18 be provided to States, local governments, or

19 tribal governments for the purpose of com20 plying with any such previously imposed

21 duty unless such duty is reduced or elimi22 nated by a corresponding amount; or

23 ‘‘(B) any provision in legislation, statute,

24 or regulation that relates to a then-existing Fed25 eral program under which $500,000,000 or more
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1 is provided annually to States, local govern2 ments, and tribal governments under entitlement

3 authority, if—

4 ‘‘(i)(I) the provision would increase the

5 stringency of conditions of assistance to

6 States, local governments, or tribal govern7 ments under the program; or

8 ‘‘(II) would place caps upon, or other9 wise decrease, the Federal Government’s re10 sponsibility to provide funding to States,

11 local governments, or tribal governments

12 under the program; and

13 ‘‘(ii) the States, local governments, or

14 tribal governments that participate in the

15 Federal program lack authority under that

16 program to amend their financial or pro17 grammatic responsibilities to continue pro18 viding required services that are affected by

19 the legislation, statute, or regulation.

20 ‘‘(5) FEDERAL PRIVATE SECTOR MANDATE.—The

21 term ‘Federal private sector mandate’ means any pro22 vision in legislation, statute, or regulation that—

23 ‘‘(A) would impose an enforceable duty on

24 the private sector except—
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1 ‘‘(i) a condition of Federal assistance;

2 or

3 ‘‘(ii) a duty arising from participation

4 in a voluntary Federal program; or

5 ‘‘(B) would reduce or eliminate the amount

6 of authorization of appropriations for Federal fi7 nancial assistance that will be provided to the

8 private sector for the purpose of ensuring compli9 ance with such duty.

10 ‘‘(6) FEDERAL MANDATE.—The term ‘Federal

11 mandate’ means a Federal intergovernmental man12 date or a Federal private sector mandate, as defined

13 in paragraphs (4) and (5).

14 ‘‘(7) FEDERAL MANDATE DIRECT COSTS.—

15 ‘‘(A) FEDERAL INTERGOVERNMENTAL DI16 RECT COSTS.—In the case of a Federal intergov17 ernmental mandate, the term ‘direct costs’ means

18 the aggregate estimated amounts that all States,

19 local governments, and tribal governments would

20 be required to spend or would be required to

21 forgo in revenues in order to comply with the

22 Federal intergovernmental mandate, or, in the

23 case of a provision referred to in paragraph

24 (4)(A)(ii), the amount of Federal financial as25 sistance eliminated or reduced.
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1 ‘‘(B) PRIVATE SECTOR DIRECT COSTS.—In

2 the case of a Federal private sector mandate, the

3 term ‘direct costs’ means the aggregate estimated

4 amounts that the private sector would be re5 quired to spend in order to comply with a Fed6 eral private sector mandate.

7 ‘‘(C) EXCLUSION FROM DIRECT COSTS.—

8 The term ‘direct costs’ does not include—

9 ‘‘(i) estimated amounts that the States,

10 local governments, and tribal governments

11 (in the case of a Federal intergovernmental

12 mandate), or the private sector (in the case

13 of a Federal private sector mandate), would

14 spend—

15 ‘‘(I) to comply with or carry out

16 all applicable Federal, State, local, and

17 tribal laws and regulations in effect at

18 the time of the adoption of a Federal

19 mandate for the same activity as is af20 fected by that Federal mandate; or

21 ‘‘(II) to comply with or carry out

22 State, local governmental, and tribal

23 governmental programs, or private-sec24 tor business or other activities in effect

25 at the time of the adoption of a Fed-
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1 eral mandate for the same activity as

2 is affected by that mandate; or

3 ‘‘(ii) expenditures to the extent that

4 they will be offset by any direct savings to

5 be enjoyed by the States, local governments,

6 and tribal governments, or by the private

7 sector, as a result of—

8 ‘‘(I) their compliance with the

9 Federal mandate; or

10 ‘‘(II) other changes in Federal law

11 or regulation that are enacted or

12 adopted in the same bill or joint reso13 lution or proposed or final Federal reg14 ulation and that govern the same ac15 tivity as is affected by the Federal

16 mandate.

17 ‘‘(D) DETERMINATION OF COSTS.—Direct

18 costs shall be determined based on the assump19 tion that States, local governments, tribal gov20 ernments, and the private sector will take all

21 reasonable steps necessary to mitigate the costs

22 resulting from the Federal mandate, and will

23 comply with applicable standards of practice

24 and conduct established by recognized profes25 sional or trade associations. Reasonable steps to
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1 mitigate the costs shall not include increases in

2 State, local, or tribal taxes or fees.

3 ‘‘(8) LOCAL GOVERNMENT.—The term ‘local gov4 ernment’ has the same meaning as in section 6501(6)

5 of title 31, United States Code.

6 ‘‘(9) PRIVATE SECTOR.—The term ‘private sec7 tor’ means individuals, partnerships, associations,

8 corporations, business trusts, or legal representatives,

9 organized groups of individuals, and educational and

10 other nonprofit institutions.

11 ‘‘(10) REGULATION.—The term ‘regulation’ or

12 ‘rule’ has the meaning of ‘rule’ as defined in section

13 601(2) of title 5, United States Code.

14 ‘‘(11) STATE.—The term ‘State’ has the same

15 meaning as in section 6501(9) of title 31, United

16 States Code.

17 ‘‘(12) SIGNIFICANT EMPLOYMENT IMPACT.—The

18 term ‘significant employment impact’ means an esti19 mated net aggregate loss of 10,000 or more jobs.

20 ‘‘SEC. 422. LIMITATION ON APPLICATION.

21 ‘‘This part shall not apply to any provision in a bill,

22 joint resolution, motion, amendment, or conference report

23 before Congress that—

24 ‘‘(1) enforces constitutional rights of individuals;
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1 ‘‘(2) establishes or enforces any statutory rights

2 that prohibit discrimination on the basis of age, race,

3 religion, gender, national origin, or handicapped or

4 disability status;

5 ‘‘(3) requires compliance with accounting and

6 auditing procedures with respect to grants or other

7 money or property provided by the Federal Govern8 ment;

9 ‘‘(4) provides for emergency assistance or relief

10 at the request of any State, local government, or trib11 al government or any official of such a government;

12 ‘‘(5) is necessary for the national security or the

13 ratification or implementation of international treaty

14 obligations;

15 ‘‘(6) the President designates as emergency legis16 lation and that the Congress so designates in statute;

17 or

18 ‘‘(7) pertains to Social Security.

19 ‘‘SEC. 423. DUTIES OF CONGRESSIONAL COMMITTEES.

20 ‘‘(a) SUBMISSION OF BILLS TO THE DIRECTOR.—

21 When a committee of authorization of the House of Rep22 resentatives or the Senate orders a bill or joint resolution

23 of a public character reported, the committee shall promptly

24 provide the text of the bill or joint resolution to the Director
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1 and shall identify to the Director any Federal mandate con2 tained in the bill or resolution.

3 ‘‘(b) COMMITTEE REPORT.—

4 ‘‘(1) INFORMATION REGARDING FEDERAL MAN5 DATES.—When a committee of authorization of the

6 House of Representatives or the Senate reports a bill

7 or joint resolution of a public character that includes

8 any Federal mandate, the report of the committee ac9 companying the bill or joint resolution shall contain

10 the information required by paragraph (2) and, in

11 the case of a Federal intergovernmental mandate,

12 paragraph (3).

13 ‘‘(2) REPORTS ON FEDERAL MANDATES.—Each

14 report referred to in paragraph (1) shall contain—

15 ‘‘(A) an identification and description of

16 each Federal mandate in the bill or joint resolu17 tion, including the statement, if available, from

18 the Director pursuant to section 424(a);

19 ‘‘(B) a qualitative assessment, and if prac20 ticable, a quantitative assessment of costs and

21 benefits anticipated from the Federal mandate

22 (including the effects on health and safety and

23 protection of the natural environment); and

24 ‘‘(C) a statement of—
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1 ‘‘(i) the degree to which the Federal

2 mandate affects each of the public and pri3 vate sectors, including a description of the

4 actions, if any, taken by the committee to

5 avoid any adverse impact on the private

6 sector or on the competitive balance between

7 the public sector and the private sector; and

8 ‘‘(ii) in the case of a Federal mandate

9 that is a Federal intergovernmental man10 date, the extent to which limiting or elimi11 nating the Federal intergovernmental man12 date or Federal payment of direct costs of

13 the Federal intergovernmental mandate (if

14 applicable) would affect the competitive bal15 ance between States, local governments, or

16 tribal governments and the private sector.

17 ‘‘(3) INTERGOVERNMENTAL MANDATES.—If any

18 of the Federal mandates in the bill or joint resolution

19 are Federal intergovernmental mandates, the report

20 referred to in paragraph (1) shall also contain—

21 ‘‘(A)(i) a statement of the amount, if any,

22 of increase or decrease in authorization of appro23 priations under existing Federal financial assist24 ance programs or for new Federal financial as25 sistance, provided by the bill or joint resolution
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1 and usable for activities of States, local govern2 ments, or tribal governments subject to Federal

3 intergovernmental mandates; and

4 ‘‘(ii) a statement of whether the committee

5 intends that the Federal intergovernmental man6 dates be partly or entirely unfunded, and, if so,

7 the reasons for that intention; and

8 ‘‘(B) a statement of any existing sources of

9 Federal financial assistance in addition to those

10 identified in subparagraph (A) that may assist

11 States, local governments, and tribal govern12 ments in paying the direct costs of the Federal

13 intergovernmental mandates.

14 ‘‘(4) INFORMATION REGARDING PREEMPTION.—

15 When a committee of authorization of the House of

16 Representatives or the Senate reports a bill or joint

17 resolution of a public character, the committee report

18 accompanying the bill or joint resolution shall con19 tain, if relevant to the bill or joint resolution, an ex20 plicit statement on whether the bill or joint resolu21 tion, in whole or in part, is intended to preempt any

22 State, local, or tribal law, and if so, an explanation

23 of the reasons for such intention.

24 ‘‘(c) PUBLICATION OF STATEMENT FROM THE DIREC25 TOR.—
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1 ‘‘(1) IN GENERAL.—Upon receiving a statement

2 (including any supplemental statement) from the Di3 rector pursuant to section 424(a), a committee of the

4 House of Representatives or the Senate shall publish

5 the statement in the committee report accompanying

6 the bill or joint resolution to which the statement re7 lates if the statement is available to be included in the

8 printed report.

9 ‘‘(2) OTHER PUBLICATION OF STATEMENT OF DI10 RECTOR.—If the statement is not published in the re11 port, or if the bill or joint resolution to which the

12 statement relates is expected to be considered by the

13 House of Representatives or the Senate before the re14 port is published, the committee shall cause the state15 ment, or a summary thereof, to be published in the

16 Congressional Record in advance of floor consider17 ation of the bill or joint resolution.

18 ‘‘SEC. 424. DUTIES OF THE DIRECTOR.

19 ‘‘(a) STATEMENTS ON BILLS AND JOINT RESOLUTIONS

20 OTHER THAN APPROPRIATIONS BILLS AND JOINT RESOLU21 TIONS.—

22 ‘‘(1) FEDERAL INTERGOVERNMENTAL MANDATES

23 IN REPORTED BILLS AND RESOLUTIONS.—For each

24 bill or joint resolution of a public character reported

25 by any committee of authorization of the House of
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1 Representatives or the Senate, the Director shall pre2 pare and submit to the committee a statement as

3 follows:

4 ‘‘(A) If the Director estimates that the direct

5 cost of all Federal intergovernmental mandates

6 in the bill or joint resolution will equal or exceed

7 $50,000,000 (adjusted annually for inflation) in

8 the fiscal year in which such a Federal intergov9 ernmental mandate (or in any necessary imple10 menting regulation) would first be effective or in

11 any of the 4 fiscal years following such year, the

12 Director shall so state, specify the estimate, and

13 briefly explain the basis of the estimate.

14 ‘‘(B) The estimate required by subpara15 graph (A) shall include estimates (and brief ex16 planations of the basis of the estimates) of—

17 ‘‘(i) the total amount of direct cost of

18 complying with the Federal intergovern19 mental mandates in the bill or joint resolu20 tion; and

21 ‘‘(ii) the amount, if any, of increase in

22 authorization of appropriations or budget

23 authority or entitlement authority under ex24 isting Federal financial assistance pro25 grams, or of authorization of appropria-
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1 tions for new Federal financial assistance,

2 provided by the bill or joint resolution and

3 usable by States, local governments, or trib4 al governments for activities subject to the

5 Federal intergovernmental mandates.

6 ‘‘(2) FEDERAL PRIVATE SECTOR MANDATES IN

7 REPORTED BILLS AND JOINT RESOLUTIONS.—For

8 each bill or joint resolution of a public character re9 ported by any committee of authorization of the

10 House of Representatives or the Senate, the Director

11 shall prepare and submit to the committee a state12 ment as follows:

13 ‘‘(A) If the Director estimates that the direct

14 cost of all Federal private sector mandates in the

15 bill or joint resolution will equal or exceed

16 $50,000,000 (adjusted annually for inflation) in

17 the fiscal year in which any Federal private sec18 tor mandate in the bill or joint resolution (or in

19 any necessary implementing regulation) would

20 first be effective or in any of the 4 fiscal years

21 following such fiscal year, the Director shall so

22 state, specify the estimate, and briefly explain

23 the basis of the estimate.
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1 ‘‘(B) The estimate required by subpara2 graph (A) shall include estimates (and brief ex3 planations of the basis of the estimates) of—

4 ‘‘(i) the total amount of direct costs of

5 complying with the Federal private sector

6 mandates in the bill or joint resolution; and

7 ‘‘(ii) the amount, if any, of increase in

8 authorization of appropriations under exist9 ing Federal financial assistance programs,

10 or of authorization of appropriations for

11 new Federal financial assistance, provided

12 by the bill or joint resolution usable by the

13 private sector for the activities subject to the

14 Federal private sector mandates.

15 ‘‘(C) If the Director determines that it is

16 not feasible to make a reasonable estimate that

17 would be required under subparagraphs (A) and

18 (B), the Director shall not make the estimate, but

19 shall report in the statement that the reasonable

20 estimate cannot be made and shall include the

21 reasons for that determination in the statement.

22 ‘‘(3) LEGISLATION FALLING BELOW THE DIRECT

23 COSTS THRESHOLDS.—If the Director estimates that

24 the direct costs of a Federal mandate will not equal

25 or exceed the threshold specified in paragraph (1)(A)
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1 or (2)(A), the Director shall so state and shall briefly

2 explain the basis of the estimate.

3 ‘‘(4) AMENDED BILLS AND JOINT RESOLUTIONS;

4 CONFERENCE REPORTS.—If the Director has prepared

5 the statement pursuant to subsection (a) for a bill or

6 joint resolution, and if that bill or joint resolution is

7 reported or passed in an amended form (including if

8 passed by one House as an amendment in the nature

9 of a substitute for the text of a bill or joint resolution

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

11 of conference in an amended form, the committee of

12 conference shall ensure, to the greatest extent prac13 ticable, that the Director shall prepare a supple14 mental statement for the bill or joint resolution in

15 that amended form.

16 ‘‘(b) ASSISTANCE TO COMMITTEES AND STUDIES.—

17 ‘‘(1) IN GENERAL.—At the request of any com18 mittee of the House of Representatives or of the Sen19 ate, the Director shall, to the extent practicable, con20 sult with and assist such committee in analyzing the

21 budgetary or financial impact of any proposed legis22 lation that may have—

23 ‘‘(A) a significant budgetary impact on

24 State, local, or tribal governments;
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1 ‘‘(B) a significant financial impact on the

2 private sector; or

3 ‘‘(C) significant employment impact on the

4 private sector.

5 ‘‘(2) CONTINUING STUDIES.—The Director shall

6 conduct continuing studies to enhance comparisons of

7 budget outlays, credit authority, and tax expendi8 tures.

9 ‘‘(3) FEDERAL MANDATE STUDIES.—

10 ‘‘(A) At the request of any committee of the

11 House of Representatives or the Senate, the Di12 rector shall, to the extent practicable, conduct a

13 study of a legislative proposal containing a Fed14 eral mandate.

15 ‘‘(B) In conducting a study under subpara16 graph (A), the Director shall—

17 ‘‘(i) solicit and consider information or

18 comments from elected officials (including

19 their designated representatives) of States,

20 local governments, tribal governments, des21 ignated representatives of the private sector,

22 and such other persons as may provide

23 helpful information or comments;

24 ‘‘(ii) consider establishing advisory

25 panels of elected officials (including their
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1 designated representatives) of States, local

2 governments, tribal governments, designated

3 representatives of the private sector, and

4 other persons if the Director determines, in

5 the Director’s discretion, that such advisory

6 panels would be helpful in performing the

7 Director’s responsibilities under this section;

8 and

9 ‘‘(iii) include estimates, if and to the

10 extent that the Director determines that ac11 curate estimates are reasonably feasible,

12 of—

13 ‘‘(I) the future direct cost of the

14 Federal mandates concerned to the ex15 tent that they significantly differ from

16 or extend beyond the 5-year period

17 after the mandate is first effective; and

18 ‘‘(II) any disproportionate budg19 etary effects of the Federal mandates

20 concerned upon particular industries

21 or sectors of the economy, States, re22 gions, and urban, or rural or other

23 types of communities, as appropriate.

24 ‘‘(C) In conducting a study on private sec25 tor mandates under subparagraph (A), the Di-
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1 rector shall provide estimates, if and to the ex2 tent that the Director determines that such esti3 mates are reasonably feasible, of—

4 ‘‘(i) future costs of Federal private sec5 tor mandates to the extent that such man6 dates differ significantly from or extend be7 yond the 5-year period referred to in sub8 paragraph (B)(iii)(I);

9 ‘‘(ii) any disproportionate financial ef10 fects of Federal private sector mandates and

11 of any Federal financial assistance in the

12 bill or joint resolution upon any particular

13 industries or sectors of the economy, States,

14 regions, and urban or rural or other types

15 of communities; and

16 ‘‘(iii) the effect of Federal private sec17 tor mandates in the bill or joint resolution

18 on the national economy, including the ef19 fect on productivity, economic growth, full

20 employment, creation of productive jobs,

21 and international competitiveness of United

22 States goods and services.

23 ‘‘(c) VIEWS OF COMMITTEES.—Any committee of the

24 House of Representatives or the Senate which anticipates

25 that the committee will consider any proposed legislation
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1 establishing, amending, or reauthorizing any Federal pro2 gram likely to have a significant budgetary impact on the

3 States, local governments, or tribal governments, or likely

4 to have a significant financial impact on the private sector,

5 including any legislative proposal submitted by the execu6 tive branch likely to have such a budgetary or financial

7 impact, shall provide its views and estimates on such pro8 posal to the Committee on the Budget of its House.

9 ‘‘(d) ESTIMATES.—If the Director determines that it

10 is not feasible to make a reasonable estimate that would

11 be required for a statement under subsection (a)(1) for a

12 bill or joint resolution, the Director shall not make such

13 a statement and shall inform the committees involved that

14 such an estimate cannot be made and the reasons for that

15 determination. The bill or joint resolution for which such

16 statement was to be made shall be subject to a point of order

17 under section 425(a)(1).

18 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated to the Congressional Budget

20 Office to carry out this part $4,500,000 for each of fiscal

21 years 1996 through 2002.

22 ‘‘SEC. 425. POINT OF ORDER.

23 ‘‘(a) IN GENERAL.—It shall not be in order in the

24 House of Representatives or the Senate to consider—
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1 ‘‘(1) any bill or joint resolution that is reported

2 by a committee unless the committee has published the

3 statement of the Director pursuant to section 424(a)

4 prior to such consideration, except that this para5 graph shall not apply to any supplemental statement

6 prepared by the Director under section 424(a)(4); or

7 ‘‘(2) any bill, joint resolution, amendment, mo8 tion, or conference report that contains a Federal

9 intergovernmental mandate having direct costs that

10 exceed the threshold specified in section 424(a)(1)(A),

11 or that would cause the direct costs of any other Fed12 eral intergovernmental mandate to exceed the thresh13 old specified in section 424(a)(1)(A), unless—

14 ‘‘(A) the bill, joint resolution, amendment,

15 motion, or conference report provides new budget

16 authority or new entitlement authority in the

17 House of Representatives or direct spending au18 thority in the Senate for each fiscal year for the

19 Federal intergovernmental mandates included in

20 the bill, joint resolution, amendment, motion, or

21 conference report in an amount that equals or

22 exceeds the estimated direct costs of such man23 date; or

24 ‘‘(B) the bill, joint resolution, amendment,

25 motion, or conference report provides an increase
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1 in receipts or a decrease in new budget authority

2 or new entitlement authority in the House of

3 Representatives or direct spending authority in

4 the Senate and an increase in new budget au5 thority or new entitlement authority in the

6 House of Representatives or an increase in direct

7 spending authority for each fiscal year for the

8 Federal intergovernmental mandates included in

9 the bill, joint resolution, amendment, motion, or

10 conference report in an amount that equals or

11 exceeds the estimated direct costs of such man12 date; or

13 ‘‘(C) the bill, joint resolution, amendment,

14 motion, or conference report—

15 ‘‘(i) provides that—

16 ‘‘(I) such mandate shall be effec17 tive for any fiscal year only if all di18 rect costs of such mandate in the fiscal

19 year are provided in appropriations

20 Acts, and

21 ‘‘(II) in the case of such a man22 date contained in the bill, joint resolu23 tion, amendment, motion, or conference

24 report, the mandate is repealed effec25 tive on the first day of any fiscal year
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1 for which all direct costs of such man2 date are not provided in appropria3 tions Acts; or

4 ‘‘(ii) requires a Federal agency to re5 duce programmatic and financial respon6 sibilities of State, local, and tribal govern7 ments for meeting the objectives of the man8 date such that the estimated direct costs of

9 the mandate to such governments do not ex10 ceed the amount of Federal funding pro11 vided to those governments to carry out the

12 mandate in the form of appropriations or

13 new budget authority or new entitlement

14 authority in the House of Representatives or

15 direct spending authority in the Senate,

16 and establishes criteria and procedures for

17 that reduction.

18 ‘‘(b) LIMITATION ON APPLICATION TO APPROPRIA19 TIONS BILLS.—Subsection (a) shall not apply to a bill that

20 is reported by the Committee on Appropriations or an

21 amendment thereto.

22 ‘‘(c) DETERMINATION OF DIRECT COSTS BASED ON

23 ESTIMATES BY BUDGET COMMITTEES.—For the purposes

24 of this section, the amount of direct costs of a Federal man25 date for a fiscal year shall be determined based on estimates
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1 made by the Committee on the Budget, in consultation with

2 the Director, of the House of Representatives or the Senate,

3 as the case may be.

4 ‘‘(d) LIMITATION ON APPLICATION OF SUBSECTION

5 (a)(2).—Subsection (a)(2) shall not apply to any bill, joint

6 resolution, amendment, or conference report that reauthor7 izes appropriations for carrying out, or that amends, any

8 statute if enactment of the bill, joint resolution, amendment,

9 or conference report—

10 ‘‘(1) would not result in a net increase in the ag11 gregate amount of direct costs of Federal intergovern12 mental mandates; and

13 ‘‘(2)(A) would not result in a net reduction or

14 elimination of authorizations of appropriations for

15 Federal financial assistance that would be provided to

16 State, local governments, or tribal governments for

17 use to comply with any Federal intergovernmental

18 mandate; or

19 ‘‘(B) in the case of any net reduction or elimi20 nation of authorizations of appropriations for such

21 Federal financial assistance that would result from

22 such enactment, would reduce the duties imposed by

23 the Federal intergovernmental mandate by a cor24 responding amount.
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1 ‘‘SEC. 426. ENFORCEMENT IN THE HOUSE OF REPRESENTA2 TIVES.

3 ‘‘It shall not be in order in the House of Representa4 tives to consider a rule or order that waives the application

5 of section 425(a).

6 ‘‘SEC. 427. DISPOSITION OF POINTS OF ORDER.

7 ‘‘(a) THRESHOLD BURDEN.—In order to be cognizable

8 by the Chair, a point of order under section 425(a) or 426

9 must specify the precise language on which it is premised.

10 ‘‘(b) QUESTION OF CONSIDERATION.—As disposition of

11 points of order under section 425(a) or 426, the Chair shall

12 put the question of consideration with respect to the propo13 sition that is the subject of the points of order.

14 ‘‘(c) DEBATE AND INTERVENING MOTIONS.—A ques15 tion of consideration under this section shall be debatable

16 for 10 minutes by each Member initiating a point of order

17 and for 10 minutes by an opponent on each point of order,

18 but shall otherwise be decided without intervening motion

19 except one that the House adjourn or that the Committee

20 of the Whole rise, as the case may be.

21 ‘‘(d) EFFECT ON AMENDMENT IN ORDER AS ORIGINAL

22 TEXT.—The disposition of the question of consideration

23 under this section with respect to a bill or joint resolution

24 shall be considered also to determine the question of consid25 eration under this section with respect to an amendment

26 made in order as original text.’’.
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1 SEC. 302. ENFORCEMENT IN THE HOUSE OF REPRESENTA2 TIVES.

3 (a) MOTIONS TO STRIKE IN THE COMMITTEE OF THE

4 WHOLE.—Clause 5 of rule XXIII of the Rules of the House

5 of Representatives is amended by adding at the end the fol6 lowing:

7 ‘‘(c) In the consideration of any measure for amend8 ment in the Committee of the Whole containing any Federal

9 mandate the direct costs of which exceed the threshold in

10 section 424(a)(1)(A) of the Unfunded Mandate Reform Act

11 of 1995, it shall always be in order, unless specifically

12 waived by terms of a rule governing consideration of that

13 measure, to move to strike such Federal mandate from the

14 portion of the bill then open to amendment.’’.

15 (b) COMMITTEE ON RULES REPORTS ON WAIVED

16 POINTS OF ORDER.—The Committee on Rules shall include

17 in the report required by clause 1(d) of rule XI (relating

18 to its activities during the Congress) of the Rules of the

19 House of Representatives a separate item identifying all

20 waivers of points of order relating to Federal mandates,

21 listed by bill or joint resolution number and the subject

22 matter of that measure.

23 SEC. 303. EXERCISE OF RULEMAKING POWERS.

24 The provisions of this title (except section 305) are en25 acted by Congress—
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1 (1) as an exercise of the rulemaking powers of

2 the House of Representatives and the Senate, and as

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

4 the House of Representatives and the Senate, respec5 tively, and such rules shall supersede other rules only

6 to the extent that they are inconsistent therewith; and

7 (2) with full recognition of the constitutional

8 right of the House of Representatives and the Senate

9 to change such rules at anytime, in the same manner,

10 and to the same extent as in the case of any other rule

11 of the House of Representatives or the Senate, respec12 tively.

13 SEC. 304. CONFORMING AMENDMENT TO TABLE OF CON14 TENTS.

15 Section 1(b) of the Congressional Budget and Im16 poundment Control Act of 1974 is amended by inserting

17 ‘‘PART A—GENERAL PROVISIONS’’ before the item relating

18 to section 401 and by inserting after the item relating to

19 section 407 the following:

‘‘PART B—FEDERAL MANDATES

‘‘Sec. 421. Definitions.

‘‘Sec. 422. Limitation on application.

‘‘Sec. 423. Duties of congressional committees.

‘‘Sec. 424. Duties of the Director.

‘‘Sec. 425. Point of order.

‘‘Sec. 426. Enforcement in the House of Representatives.’’.
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1 SEC. 305. TECHNICAL AMENDMENTS.

2 (a) TECHNICAL AMENDMENT.—The State and Local

3 Government Cost Estimate Act of 1981 (Public Law 97–

4 108) is repealed.

5 (b) TECHNICAL AMENDMENT.—Section 403 of the Con6 gressional Budget Act of 1974 is amended to read as follows:

7 ‘‘ANALYSIS BY CONGRESSIONAL BUDGET OFFICE

8 ‘‘SEC. 403. The Director of the Congressional Budget

9 Office shall, to the extent practicable, prepare for each bill

10 or resolution of a public character reported by any commit11 tee of the House of Representatives or the Senate (except

12 the Committee on Appropriations of each House), and sub13 mit to such committee—

14 ‘‘(1) an estimate of the costs which would be in15 curred in carrying out such bill or resolution in the

16 fiscal year in which it is to become effective and in

17 each of the 4 fiscal years following such fiscal year,

18 together with the basis for each such estimate; and

19 ‘‘(2) a comparison of the estimate of costs de20 scribed in paragraph (1) with any available estimate

21 of costs made by such committee or by any Federal

22 agency.

23 The estimate and comparison so submitted shall be included

24 in the report accompanying such bill or resolution if timely

25 submitted to such committee before such report is filed.’’.
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1 SEC. 306. EFFECTIVE DATE.

2 This title shall take effect on October 1, 1995.

Amend the title so as to read: ‘‘An Act to curb the

practice of imposing unfunded Federal mandates on

States and local governments, to ensure that the Federal

Government pays the costs incurred by those governments in complying with certain requirements under Federal statutes and regulations, and to provide information

on the cost of Federal mandates on the private sector,

and for other purposes.’’.

Attest:

Clerk.
104TH CONGRESS

1ST SESSION S. 1

AMENDMENTS