II

Calendar No. 12

104TH CONGRESS

1ST SESSION S. 1

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.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. KEMPTHORNE (for himself, Mr. DOLE, Mr. GLENN, Mr. ROTH, Mr. DOMENICI, Mr. EXON, Mr. COVERDELL, Mr. BROWN, Mr. BURNS, Mr.

CRAIG, Mr. FAIRCLOTH, Mr. GREGG, Mr. BENNETT, Mrs. HUTCHISON,

Mr. ABRAHAM, Mr. ASHCROFT, Mr. BOND, Mr. BREAUX, Mr. CAMPBELL,

Mr. COATS, Mr. COCHRAN, Mr. COHEN, Mr. D’AMATO, Mr. DEWINE,

Mrs. FEINSTEIN, Mr. FRIST, Mr. GORTON, Mr. GRAMM, Mr. GRAMS, Mr.

HATCH, Mr. HATFIELD, Mr. HEFLIN, Mr. HELMS, Mr. INHOFE, Mrs.

KASSEBAUM, Mr. KYL, Mr. LOTT, Mr. LUGAR, Mr. MACK, Mr. MCCAIN,

Mr. MCCONNELL, Ms. MOSELEY-BRAUN, Mr. MURKOWSKI, Mr. NICKLES, Mr. PACKWOOD, Mr. PRESSLER, Mr. ROBB, Mr. SANTORUM, Mr.

SHELBY, Mr. SIMPSON, Mr. SMITH, Ms. SNOWE, Mr. SPECTER, Mr. STEVENS, Mr. THOMAS, Mr. THOMPSON, Mr. THURMOND, Mr. WARNER, Mr.

SIMON, and Mr. CONRAD) introduced the following bill; which was read

twice and referred jointly pursuant to the order of August 4, 1977, to

the Committees on the Budget and Governmental Affairs, with instructions that if one committee reports, the other committee have thirty days

to report or be discharged

JANUARY 9, 1995

Reported by Mr. ROTH, with amendments
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[Omit the part struck through and insert the part printed in italic]

JANUARY 9, 1995

Reported by Mr. DOMENICI, with amendments

[Omit the part in boldface brackets and insert the part in boldface italic]

A BILL

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.

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 ‘‘Unfunded Mandate

5 Reform Act of 1995’’.

6 SEC. 2. PURPOSES.

7 The purposes of this Act are—

8 (1) to strengthen the partnership between the

9 Federal Government and States, local governments,

10 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

4 without adequate Federal funding, in a manner that

5 may displace other essential State, local, and tribal

6 governmental priorities;

7 (3) to assist Congress in its consideration of

8 proposed legislation establishing or revising Federal

9 programs containing Federal mandates affecting

10 States, local governments, tribal governments, and

11 the private sector by—

12 (A) providing for the development of infor13 mation about the nature and size of mandates

14 in proposed legislation; and

15 (B) establishing a mechanism to bring

16 such information to the attention of the Senate

17 and the House of Representatives before the

18 Senate and the House of Representatives vote

19 on proposed legislation;

20 (4) to promote informed and deliberate deci21 sions by Congress on the appropriateness of Federal

22 mandates in any particular instance;

23 (5) to require that Congress consider whether

24 to provide funding to assist State, local, and tribal

25 governments in complying with Federal mandates, to
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1 require analyses of the impact of private sector man2 dates, and through the dissemination of that infor3 mation provide informed and deliberate decisions by

4 Congress and Federal agencies and retain competi5 tive balance between the public and private sectors;

6 (6) to establish a point-of-order vote on the con7 sideration in the Senate and House of Representa8 tives of legislation containing significant Federal

9 mandates; and

10 (7) to assist Federal agencies in their consider11 ation of proposed regulations affecting States, local

12 governments, and tribal governments, by—

13 (A) requiring that Federal agencies de14 velop a process to enable the elected and other

15 officials of States, local governments, and tribal

16 governments to provide input when Federal

17 agencies are developing regulations; and

18 (B) requiring that Federal agencies pre19 pare and consider better estimates of the budg20 etary impact of regulations containing Federal

21 mandates upon States, local governments, and

22 tribal governments before adopting such regula23 tions, and ensuring that small governments are

24 given special consideration in that process.
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1 SEC. 3. DEFINITIONS.

2 (a) IN GENERAL.—For purposes of this Act—

3 (1) the terms defined under paragraphs (11)

4 through (21) of section 3 of the Congressional

5 Budget and Impoundment Control Act of 1974 (as

6 added by subsection (b) of this section) shall have

7 the meanings as so defined; and

8 (2) the term ‘‘Director’’ means the Director of

9 the Congressional Budget Office.

10 (b) CONGRESSIONAL BUDGET AND IMPOUNDMENT

11 CONTROL ACT OF 1974.—Section 3 of the Congressional

12 Budget and Impoundment Control Act of 1974 is amend13 ed by adding at the end thereof the following new para14 graphs:

15 ‘‘(11) The term ‘Federal intergovernmental

16 mandate’ means—

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

18 or regulation that—

19 ‘‘(i) would impose an enforceable duty

20 upon States, local governments, or tribal

21 governments, except—

22 ‘‘(I) a condition of Federal as23 sistance or

24 ‘‘(II) a duty arising from partici25 pation in a voluntary Federal pro-
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1 gram, except as provided in subpara2 graph (B)); or

3 ‘‘(ii) would reduce or eliminate the

4 amount of authorization of appropriations

5 for Federal financial assistance that would

6 be provided to States, local governments,

7 or tribal governments for the purpose of

8 complying with any such previously im9 posed duty unless such duty is reduced or

10 eliminated by a corresponding amount; or

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

12 or regulation that relates to a then-existing

13 Federal program under which $500,000,000 or

14 more is provided annually to States, local gov15 ernments, and tribal governments under entitle16 ment authority, if the provision—

17 ‘‘(i)(I) would increase the stringency

18 of conditions of assistance to States, local

19 governments, or tribal governments under

20 the program; or

21 ‘‘(II) would place caps upon, or other22 wise decrease, the Federal Government’s

23 responsibility to provide funding to States,

24 local governments, or tribal governments

25 under the program; and
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1 ‘‘(ii) the States, local governments, or

2 tribal governments that participate in the

3 Federal program lack authority under that

4 program to amend their financial or pro5 grammatic responsibilities to continue pro6 viding required services that are affected

7 by the legislation, statute or regulation.

8 ‘‘(12) The term ‘Federal private sector man9 date’ means any provision in legislation, statute, or

10 regulation that—

11 ‘‘(A) would impose an enforceable duty

12 upon the private sector except—

13 ‘‘(i) a condition of Federal assistance;

14 or

15 ‘‘(ii) a duty arising from participation

16 in a voluntary Federal program; or

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

18 of authorization of appropriations for Federal

19 financial assistance that will be provided to the

20 private sector for the purposes of ensuring com21 pliance with such duty.

22 ‘‘(13) The term ‘Federal mandate’ means a

23 Federal intergovernmental mandate or a Federal

24 private sector mandate, as defined in paragraphs

25 (11) and (12).
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1 ‘‘(14) The terms ‘Federal mandate direct costs’

2 and ‘direct costs’—

3 ‘‘(A)(i) in the case of a Federal intergov4 ernmental mandate, mean the aggregate esti5 mated amounts that all States, local govern6 ments, and tribal governments would be re7 quired to spend in order to comply with the

8 Federal intergovernmental mandate; or

9 ‘‘(ii) in the case of a provision referred to

10 in paragraph (11)(A)(ii), mean the amount of

11 Federal financial assistance eliminated or re12 duced.

13 ‘‘(B) in the case of a Federal private sec14 tor mandate, mean the aggregate estimated

15 amounts that the private sector will be required

16 to spend in order to comply with the Federal

17 private sector mandate;

18 ‘‘(C) shall not include—

19 ‘‘(i) estimated amounts that the

20 States, local governments, and tribal gov21 ernments ( in the case of a Federal inter22 governmental mandate) or the private sec23 tor (in the case of a Federal private sector

24 mandate) would spend—
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1 ‘‘(I) to comply with or carry out

2 all applicable Federal, State, local,

3 and tribal laws and regulations in ef4 fect at the time of the adoption of the

5 Federal mandate for the same activity

6 as is affected by that Federal man7 date; or

8 ‘‘(II) to comply with or carry out

9 State, local governmental, and tribal

10 governmental programs, or private11 sector business or other activities in

12 effect at the time of the adoption of

13 the Federal mandate for the same ac14 tivity as is affected by that mandate;

15 or

16 ‘‘(ii) expenditures to the extent that

17 such expenditures will be offset by any di18 rect savings to the States, local govern19 ments, and tribal governments, or by the

20 private sector, as a result of—

21 ‘‘(I) compliance with the Federal

22 mandate; or

23 ‘‘(II) other changes in Federal

24 law or regulation that are enacted or

25 adopted in the same bill or joint reso-
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1 lution or proposed or final Federal

2 regulation and that govern the same

3 activity as is affected by the Federal

4 mandate; and

5 ‘‘(D) shall be determined on the assump6 tion that State, local, and tribal governments,

7 and the private sector will take all reasonable

8 steps necessary to mitigate the costs resulting

9 from the Federal mandate, and will comply with

10 applicable standards of practice and conduct es11 tablished by recognized professional or trade as12 sociations. Reasonable steps to mitigate the

13 costs shall not include increases in State, local,

14 or tribal taxes or fees.

15 ‘‘(15) The term ‘amount’ means the amount of

16 budget authority for any Federal grant assistance

17 program or any Federal program providing loan

18 guarantees or direct loans.

19 ‘‘(16) The term ‘private sector’ means individ20 uals, partnerships, associations, corporations, busi21 ness trusts, or legal representatives, organized

22 groups of individuals, and educational and other

23 nonprofit institutions.

24 ‘‘(15) The term ‘private sector’ means all persons

25 or entities in the United States, except for State,
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1 local, or tribal governments, including individuals,

2 partnerships, associations, corporations, and edu3 cational and nonprofit institutions.

4 ‘‘(17) (16) The term ‘local government’ has the

5 same meaning as in section 6501(6) of title 31,

6 United States Code.

7 ‘‘(18) (17) The term ‘tribal government’ means

8 any Indian tribe, band, nation, or other organized

9 group or community, including any Alaska Native

10 village or regional or village corporation as defined

11 in or established pursuant to the Alaska Native

12 Claims Settlement Act (83 Stat. 688; 43 U.S.C.

13 1601 et seq.) which is recognized as eligible for the

14 special programs and services provided by the Unit15 ed States to Indians because of their special status

16 as Indians.

17 ‘‘(19) (18) The term ‘small government’ means

18 any small governmental jurisdictions defined in sec19 tion 601(5) of title 5, United States Code, and any

20 tribal government.

21 ‘‘(20) (19) The term ‘State’ has the same

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

23 State Code.’’

24 ‘‘(21) (20) The term ‘agency’ has the meaning

25 as defined in section 551(1) of title 5, United States
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1 Code, but does not include independent regulatory

2 agencies, as defined in section 3502(10) of title 44,

3 United States Code.

4 ‘‘(22) (21) The term ‘regulation’ or ‘rule’ has

5 the meaning of ‘rule’ as defined in section 601(2) of

6 title 5, United States Code.ø’’.¿

7 ‘‘(23) The definitions under para8 graphs (15) through (22) shall apply only

9 to section 408.’’.

10 SEC. 4. EXCLUSIONS.

11 The provisions of this Act and the amendments made

12 by this Act shall not apply to any provision in a bill or

13 joint resolution before Congress and any provision in a

14 proposed or final Federal regulation that—

15 (1) enforces constitutional rights of individuals;

16 (2) establishes or enforces any statutory rights

17 that prohibit discrimination on the basis of race, re18 ligion, gender, national origin, or handicapped or

19 disability status;

20 (3) requires compliance with accounting and

21 auditing procedures with respect to grants or other

22 money or property provided by the United States

23 Government;

24 (4) provides for emergency assistance or relief

25 at the request of any State, local, or tribal govern-
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1 ment or any official of a State, local, or tribal gov2 ernment;

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

4 ratification or implementation of international treaty

5 obligations; or

6 (6) the President designates as emergency legis7 lation and that the Congress so designates in stat8 ute.

9 SEC. 5. AGENCY ASSISTANCE.

10 Each agency shall provide to the Director of the Con11 gressional Budget Office such information and assistance

12 as the Director may reasonably request to assist the Direc13 tor in carrying out this Act.

14 TITLE I—LEGISLATIVE

15 ACCOUNTABILITY AND REFORM

16 SEC. 101. LEGISLATIVE MANDATE ACCOUNTABILITY AND

17 REFORM .

18 (a) IN GENERAL.—Title IV of the Congressional

19 Budget and Impoundment Control Act of 1974 is amend20 ed by adding at the end thereof the following new section:

21 ‘‘SEC. 408. LEGISLATIVE MANDATE ACCOUNTABILITY AND

22 REFORM .

23 ‘‘(a) DUTIES OF CONGRESSIONAL COMMITTEES.—

24 ‘‘(1) IN GENERAL.—When a committee of au25 thorization of the Senate or the House of Represent-
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1 atives reports a bill or joint resolution of public

2 character that includes any Federal mandate, the re3 port of the committee accompanying the bill or joint

4 resolution shall contain the information required by

5 paragraphs (3) and (4).

6 ‘‘(2) SUBMISSION OF BILLS TO THE DIREC7 TOR.—When a committee of authorization of the

8 Senate or the House of Representatives orders re9 ported a bill or joint resolution of a public character,

10 the committee shall promptly provide the bill or joint

11 resolution to the Director of the Congressional

12 Budget Office and shall identify to the Director any

13 Federal mandates contained in the bill or resolution.

14 ‘‘(3) REPORTS ON FEDERAL MANDATES.—Each

15 report described under paragraph (1) shall con16 tain—

17 ‘‘(A) an identification and description of

18 any Federal mandates in the bill or joint resolu19 tion, including the expected direct costs to

20 State, local, and tribal governments, and to the

21 private sector, required to comply with the Fed22 eral mandates;

23 ‘‘(B) a qualitative, and if practicable, a

24 quantitative assessment of costs and benefits

25 anticipated from the Federal mandates (includ-
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1 ing the effects on health and safety and the

2 protection of the natural environment); and

3 ‘‘(C) a statement of the degree to which a

4 Federal mandate affects both the public and

5 private sectors and the extent to which Federal

6 payment of public sector costs or the modi7 fication or termination of the Federal

8 mandate as provided under sub9 section (c)(1)(B)(iii)(IV) would affect the

10 competitive balance between State, local, or

11 tribal governments and privately owned busi12 nesses.

13 ‘‘(4) INTERGOVERNMENTAL MANDATES.—If any

14 of the Federal mandates in the bill or joint resolu15 tion are Federal intergovernmental mandates, the

16 report required under paragraph (1) shall also con17 tain—

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

19 of increase or decrease in authorization of ap20 propriations under existing Federal financial

21 assistance programs, or of authorization of ap22 propriations for new Federal financial assist23 ance, provided by the bill or joint resolution and

24 usable for activities of State, local, or tribal

25 governments subject to the Federal intergovern-
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1 mental mandates to pay for the costs to State,

2 local, and tribal governments of the Federal

3 intergovernmental mandate; and

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

5 intends that the Federal intergovernmental

6 mandates be partly or entirely unfunded, and if

7 so, the reasons for that intention; and

8 ‘‘(B) any existing sources of Federal as9 sistance in addition to those identified in sub10 paragraph (A) that may assist State, local, and

11 tribal governments in meeting the direct costs

12 of the Federal intergovernmental mandates.

13 ‘‘(5) PREEMPTION CLARIFICATION AND INFOR14 MATION.—When a committee of authorization of the

15 Senate or the House of Representatives reports a

16 bill or joint resolution of public character, the com17 mittee report accompanying the bill or joint resolu18 tion shall contain, if relevant to the bill or joint reso19 lution, an explicit statement on the extent to which

20 the bill or joint resolution preempts any State, local,

21 or tribal law, and, if so, an explanation of the rea22 sons for such preemption.

23 ‘‘(6) PUBLICATION OF STATEMENT FROM THE

24 DIRECTOR.—
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1 ‘‘(A) Upon receiving a statement (includ2 ing any supplemental statement) from the Di3 rector under subsection (b)(1), a committee of

4 the Senate or the House of Representatives

5 shall publish the statement in the committee re6 port accompanying the bill or joint resolution to

7 which the statement relates if the statement is

8 available at the time the report is printed.

9 ‘‘(B) If the statement is not published in

10 the report, or if the bill or joint resolution to

11 which the statement relates is expected to be

12 considered by the Senate or the House of Rep13 resentatives before the report is published, the

14 committee shall cause the statement, or a sum15 mary thereof, to be published in the Congres16 sional Record in advance of floor consideration

17 of the bill or joint resolution.

18 ‘‘(b) DUTIES OF THE DIRECTOR.—

19 ‘‘(1) STATEMENTS ON BILLS AND JOINT RESO20 LUTIONS OTHER THAN APPROPRIATIONS BILLS AND

21 JOINT RESOLUTIONS.—

22 ‘‘(A) FEDERAL INTERGOVERNMENTAL

23 MANDATES IN REPORTED BILLS AND RESOLU24 TIONS.—For each bill or joint resolution of a

25 public character reported by any committee of
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1 authorization of the Senate or the House of

2 Representatives, the Director of the Congres3 sional Budget Office shall prepare and submit

4 to the committee a statement as follows:

5 ‘‘(i) If the Director estimates that the

6 direct cost of all Federal intergovernmental

7 mandates in the bill or joint resolution will

8 equal or exceed $50,000,000 (adjusted an9 nually for inflation) in the fiscal year in

10 which any Federal intergovernmental man11 date in the bill or joint resolution (or in

12 any necessary implementing regulation)

13 would first be effective or in any of the 4

14 fiscal years following such fiscal year, the

15 Director shall so state, specify the esti16 mate, and briefly explain the basis of the

17 estimate.

18 ‘‘(ii) The estimate required under

19 clause (i) shall include estimates (and brief

20 explanations of the basis of the estimates)

21 of—

22 ‘‘(I) the total amount of direct

23 cost of complying with the Federal

24 intergovernmental mandates in the

25 bill or joint resolution; and
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1 ‘‘(II) the amount, if any, of in2 crease in authorization of appropria3 tions under existing Federal financial

4 assistance programs, or of authoriza5 tion of appropriations for new Federal

6 financial assistance, provided by the

7 bill or joint resolution and usable by

8 State, local, or tribal governments for

9 activities subject to the Federal inter10 governmental mandates.

11 ‘‘(B) FEDERAL PRIVATE SECTOR MAN12 DATES IN REPORTED BILLS AND JOINT RESO13 LUTIONS.—For each bill or joint resolution of a

14 public character reported by any committees of

15 authorization of the Senate or the House of

16 Representatives, the Director of the Congres17 sional Budget Office shall prepare and submit

18 to the committee a statement as follows:

19 ‘‘(i) If the Director estimates that the

20 direct cost of all Federal private sector

21 mandates in the bill or joint resolution will

22 equal or exceed $200,000,000 (adjusted

23 annually for inflation) in the fiscal year in

24 which any Federal private sector mandate

25 in the bill or joint resolution (or in any
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1 necessary implementing regulation) would

2 first be effective or in any of the 4 fiscal

3 years following such fiscal year, the Direc4 tor shall so state, specify the estimate, and

5 briefly explain the basis of the estimate.

6 ‘‘(ii) Estimates required under this

7 subparagraph shall include estimates (and

8 a brief explanation of the basis of the esti9 mates) of—

10 ‘‘(I) the total amount of direct

11 costs of complying with the Federal

12 private sector mandates in the bill or

13 joint resolution; and

14 ‘‘(II) the amount, if any, of in15 crease in authorization of appropria16 tions under existing Federal financial

17 assistance programs, or of authoriza18 tion of appropriations for new Federal

19 financial assistance, provided by the

20 bill or joint resolution usable by the

21 private sector for the activities subject

22 to the Federal private sector man23 dates.

24 ‘‘(iii) If the Director determines that

25 it is not feasible to make a reasonable esti-
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1 mate that would be required under clauses

2 (i) and (ii), the Director shall not make

3 the estimate, but shall report in the state4 ment that the reasonable estimate cannot

5 be made and shall include the reasons for

6 that determination in the statement.

7 ‘‘(C) LEGISLATION FALLING BELOW THE

8 DIRECT COSTS THRESHOLDS.—If the Director

9 estimates that the direct costs of a Federal

10 mandate will not equal or exceed the thresholds

11 specified in paragraphs (A) and (B), the Direc12 tor shall so state and shall briefly explain the

13 basis of the estimate.

14 ‘‘(c) LEGISLATION SUBJECT TO POINT OF ORDER IN

15 THE SENATE.—

16 ‘‘(1) IN GENERAL.—It shall not be in order in

17 the Senate to consider—

18 ‘‘(A) any bill or joint resolution that is re19 ported by a committee unless the committee has

20 published a statement of the Director on the di21 rect costs of Federal mandates in accordance

22 with subsection (a)(6) before such consider23 ation; and

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

25 motion, or conference report that would in-
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1 crease the direct costs of Federal intergovern2 mental mandates by an amount that causes the

3 thresholds specified in subsection (b)(1)(A)(i) to

4 be exceeded, unless—

5 ‘‘(i) the bill, joint resolution, amend6 ment, motion, or conference report pro7 vides direct spending authority for each

8 fiscal year for the Federal intergovern9 mental mandates included in the bill, joint

10 resolution, amendment, motion, or con11 ference report in an amount that is equal

12 to the estimated direct costs of such man13 date;

14 ‘‘(ii) the bill, joint resolution, amend15 ment, motion, or conference report pro16 vides an increase in receipts and an in17 crease in direct spending authority for

18 each fiscal year for the Federal intergov19 ernmental mandates included in the bill,

20 joint resolution, amendment, motion, or

21 conference report in an amount equal to

22 the estimated direct costs of such mandate;

23 or

24 ‘‘(iii) the bill, joint resolution, amend25 ment, motion, or conference report in-
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1 cludes an authorization for appropriations

2 in an amount equal to the estimated direct

3 costs of such mandate, and—

4 ‘‘(I) identifies a specific dollar

5 amount estimate of the full direct

6 costs of the mandate for each year or

7 other period during which the man8 date shall be in effect under the bill,

9 joint resolution, amendment, motion

10 or conference report, and such esti11 mate is consistent with the estimate

12 determined under paragraph (3) for

13 each fiscal year;

14 ‘‘(II) identifies any appropriation

15 bill that is expected to provide for

16 Federal funding of the direct cost re17 ferred to under subclause (IV)(aa);

18 ‘‘(III) identifies the minimum

19 amount that must be appropriated in

20 each appropriations bill referred to in

21 subclause (II), in order to provide for

22 full Federal funding of the direct

23 costs referred to in subclause (I); and

24 ‘‘(IV)(aa) designates a respon25 sible Federal agency and establishes
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1 criteria and procedures under which

2 such agency shall implement less cost3 ly programmatic and financial respon4 sibilities of State, local, and tribal

5 governments in meeting the objectives

6 of the mandate, to the extent that an

7 appropriation Act does not provide for

8 the estimated direct costs of such

9 mandate as set forth under subclause

10 (III); or

11 ‘‘(bb) designates a responsible

12 Federal agency and establishes cri13 teria and procedures to direct that, if

14 an appropriation Act does not provide

15 for the estimated direct costs of such

16 mandate as set forth under subclause

17 (III), such agency shall declare such

18 mandate to be ineffective as of Octo19 ber 1 of the fiscal year for which the

20 appropriation is not at least equal to

21 the direct costs of the mandate.

22 ‘‘(2) RULE OF CONSTRUCTION.—The provisions

23 of paragraph (1)(B)(iii)(IV)(aa) shall not be con24 strued to prohibit or otherwise restrict a State, local,

25 or tribal government from voluntarily electing to re-
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1 main subject to the original Federal intergovern2 mental mandate, complying with the programmatic

3 or financial responsibilities of the original Federal

4 intergovernmental mandate and providing the fund5 ing necessary consistent with the costs of Federal

6 agency assistance, monitoring, and enforcement.

7 ‘‘(3) COMMITTEE ON APPROPRIATIONS.—Para8 graph (1) shall not apply to matters that are within

9 the jurisdiction of the Committee on Appropriations

10 of the Senate or the House of Representatives.

11 ø‘‘(4) DETERMINATION OF APPLICABILITY TO

12 PENDING LEGISLATION.—For purposes of this sub13 section, on questions regarding the applicability of

14 this Act to a pending bill, joint resolution, amend15 ment, motion, or conference report, the Committee

16 on Governmental Affairs of the Senate, or the Com17 mittee on Government Reform and Oversight of the

18 House of Representatives, as applicable, shall have

19 the authority to make the final determination.¿

20 ø‘‘(5) DETERMINATIONS OF FEDERAL MAN21 DATE LEVELS.—For the purposes of this subsection,

22 the levels of Federal mandates for a fiscal year shall

23 be determined based on the estimates made by the

24 Committee on the Budget of the Senate or the

25 House of Representatives, as the case may be.¿
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1 ‘‘(d) ENFORCEMENT IN THE HOUSE OF REPRESENT2 ATIVES.—It shall not be in order in the House of Rep3 resentatives to consider a rule or order that waives the

4 application of subsection (c) to a bill or joint resolution

5 reported by a committee of authorization.’’.

6 (b) TECHNICAL AND CONFORMING AMENDMENT.—

7 The table of contents in section 1(b) of the Congressional

8 Budget and Impoundment Control Act of 1974 is amend9 ed by adding after the item relating to section 407 the

10 following new item:

‘‘Sec. 408. Legislative mandate accountability and reform.’’.

11 SEC. 102. ENFORCEMENT IN THE HOUSE OF REPRESENTA12 TIVES.

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

14 WHOLE.—Clause 5 of rule XXIII of the Rules of the

15 House of Representatives is amended by adding at the end

16 the following:

17 ‘‘(c) In the consideration of any measure for amend18 ment in the Committee of the Whole containing any Fed19 eral mandate the direct costs of which exceed the threshold

20 in section 408(c) of the Unfunded Mandate Reform Act

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

22 waived by terms of a rule governing consideration of that

23 measure, to move to strike such Federal mandate from

24 the portion of the bill then open to amendment.’’.
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1 (b) COMMITTEE ON RULES REPORTS ON WAIVED

2 POINTS OF ORDER.—The Committee on Rules shall in3 clude in the report required by clause 1(d) of rule XI (re4 lating to its activities during the Congress) of the Rules

5 of the House of Representatives a separate item identify6 ing all waivers of points of order relating to Federal man7 dates, listed by bill or joint resolution number and the sub8 ject matter of that measure.

9 (c) DETERMINATIONS.—

10 (1) DETERMINATION OF APPLICABILITY TO

11 PENDING LEGISLATION.—For purposes of

12 this section in the House of Representa13 tives, on questions regarding the applica14 bility of this Act to a pending bill, joint

15 resolution, amendment, motion, or con16 ference report, the Committee on Govern17 ment Reform and Oversight of the House

18 of Representatives shall have the author19 ity to make the final determination.

20 (2) DETERMINATIONS OF FEDERAL MAN21 DATE LEVELS.—For the purposes of the ap22 plication of this section in the House of

23 Representatives, the levels of Federal

24 mandates for a fiscal year shall be deter25 mined based on the estimates made by the
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1 Committee on the Budget of the House of

2 Representatives.

3 SEC. 103. ASSISTANCE TO COMMITTEES AND STUDIES.

4 The Congressional Budget and Impoundment Control

5 Act of 1974 is amended—

6 (1) in section 202—

7 (A) in subsection (c)—

8 (i) by redesignating paragraph (2) as

9 paragraph (3); and

10 (ii) by inserting after paragraph (1)

11 the following new paragraph:

12 ‘‘(2) At the request of any committee of the

13 Senate or the House of Representatives, the Office

14 shall, to the extent practicable, consult with and as15 sist such committee in analyzing the budgetary or fi16 nancial impact of any proposed legislation that may

17 have—

18 ‘‘(A) a significant budgetary impact on

19 State, local, or tribal governments; or

20 ‘‘(B) a significant financial impact on the

21 private sector.’’;

22 (B) by amending subsection (h) to read as

23 follows:

24 ‘‘(h) STUDIES.—
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1 ‘‘(1) CONTINUING STUDIES.—The Director of

2 the Congressional Budget Office shall conduct con3 tinuing studies to enhance comparisons of budget

4 outlays, credit authority, and tax expenditures.

5 ‘‘(2) FEDERAL MANDATE STUDIES.—

6 ‘‘(A) At the request of any Chairman or

7 ranking member of the minority of a Committee

8 of the Senate or the House of Representatives,

9 the Director shall, to the extent practicable,

10 conduct a study of a Federal mandate legisla11 tive proposal.

12 ‘‘(B) In conducting a study on intergovern13 mental mandates under subparagraph (A), the

14 Director shall—

15 ‘‘(i) solicit and consider information

16 or comments from elected officials (includ17 ing their designated representatives) of

18 State, local, or tribal governments as may

19 provide helpful information or comments;

20 ‘‘(ii) consider establishing advisory

21 panels of elected officials or their des22 ignated representatives, of State, local, or

23 tribal governments if the Director deter24 mines that such advisory panels would be
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1 helpful in performing responsibilities of the

2 Director under this section; and

3 ‘‘(iii) if, and to the extent that the Di4 rector determines that accurate estimates

5 are reasonably feasible, include estimates

6 of—

7 ‘‘(I) the future direct cost of the

8 Federal mandate to the extent that

9 such costs significantly differ from or

10 extend beyond the 5-year period after

11 the mandate is first effective; and

12 ‘‘(II) any disproportionate budg13 etary effects of Federal mandates

14 upon particular industries or sectors

15 of the economy, States, regions, and

16 urban or rural or other types of com17 munities, as appropriate.

18 ‘‘(C) In conducting a study on private sec19 tor mandates under subparagraph (A), the Di20 rector shall provide estimates, if and to the ex21 tent that the Director determines that such es22 timates are reasonably feasible, of—

23 ‘‘(i) future costs of Federal private

24 sector mandates to the extent that such

25 mandates differ significantly from or ex-
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1 tend beyond the 5-year time period re2 ferred to in subparagraph (B)(iii)(I);

3 ‘‘(ii) any disproportionate financial ef4 fects of Federal private sector mandates

5 and of any Federal financial assistance in

6 the bill or joint resolution upon any par7 ticular industries or sectors of the econ8 omy, States, regions, and urban or rural or

9 other types of communities; and

10 ‘‘(iii) the effect of Federal private sec11 tor mandates in the bill or joint resolution

12 on the national economy, including the ef13 fect on productivity, economic growth, full

14 employment, creation of productive jobs,

15 and international competitiveness of

16 United States goods and services.’’; and

17 (2) in section 301(d) by adding at the end

18 thereof the following new sentence: ‘‘Any Committee

19 of the House of Representatives or the Senate that

20 anticipates that the committee will consider any pro21 posed legislation establishing, amending, or reau22 thorizing any Federal program likely to have a sig23 nificant budgetary impact on any State, local, or

24 tribal government, or likely to have a significant fi25 nancial impact on the private sector, including any
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1 legislative proposal submitted by the executive

2 branch likely to have such a budgetary or financial

3 impact, shall include its views and estimates on that

4 proposal to the Committee on the Budget of the ap5 plicable House.’’.

6 SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated to the Con8 gressional Budget Office $4,500,000 for each of the fiscal

9 years 1996, 1997, 1998, 1999, 2000, 2001, and 2002 to

10 carry out the provisions of this Act.

11 SEC. 105. EXERCISE OF RULEMAKING POWERS.

12 The provisions of sections 101, 102, 103, 104, and

13 107 are enacted by Congress—

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

15 the Senate and the House of Representatives, re16 spectively, and as such they shall be considered as

17 part of the rules of such House, respectively, and

18 such rules shall supersede other rules only to the ex19 tent that they are inconsistent therewith; and

20 (2) with full recognition of the constitutional

21 right of either House to change such rules (so far

22 as relating to such House) at any time, in the same

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

24 any other rule of each House.
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1 SEC. 106. REPEAL OF CERTAIN ANALYSIS BY CONGRES2 SIONAL BUDGET OFFICE.

3 (a) IN GENERAL.—Section 403 of the Congressional

4 Budget Act of 1974 (2 U.S.C. 653) is repealed.

5 (b) TECHNICAL AND CONFORMING AMENDMENT.—

6 The table of contents in section 1(b) of the Congressional

7 Budget and Impoundment Control Act of 1974 is amend8 ed by striking out the item relating to section 403.

9 SEC. 107. EFFECTIVE DATE.

10 This title shall take effect on January 1, 1996 and

11 shall apply only to legislation øintroduced¿ considered

12 on and after such date.

13 TITLE II—REGULATORY

14 ACCOUNTABILITY AND REFORM

15 SEC. 201. REGULATORY PROCESS.

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

17 permitted in law—

18 (1) assess the effects of Federal regulations on

19 State, local, and tribal governments (other than to

20 the extent that such regulations incorporate require21 ments specifically set forth in legislation), and the

22 private sector including specifically the availability of

23 resources to carry out any Federal intergovern24 mental mandates in those regulations; and

25 (2) seek to minimize those burdens that unique26 ly or significantly affect such governmental entities,
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1 consistent with achieving statutory and regulatory

2 objectives.

3 (b) STATE, LOCAL, AND TRIBAL GOVERNMENT

4 INPUT.—Each agency shall, to the extent permitted in

5 law, develop an effective process to permit elected officials

6 (or their designated representatives) of State, local, and

7 tribal governments to provide meaningful and timely input

8 in the development of regulatory proposals containing sig9 nificant Federal intergovernmental mandates. Such a

10 process shall be consistent with all applicable laws, includ11 ing the provisions of chapter 5 of title 5, United States Code

12 (commonly referred to as the Administrative Procedure

13 Act).

14 (c) AGENCY PLAN.—

15 (1) EFFECTS ON STATE, LOCAL AND TRIBAL

16 GOVERNMENTS.—Before establishing any regulatory

17 requirements that might significantly or uniquely af18 fect small governments, agencies shall have devel19 oped a plan under which the agency shall—

20 (A) provide notice of the contemplated re21 quirements to potentially affected small govern22 ments, if any;

23 (B) enable officials of affected small gov24 ernments to provide input under subsection (b);

25 and
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1 (C) inform, educate, and advise small gov2 ernments on compliance with the requirements.

3 (2) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated to each

5 agency to carry out the provisions of this section,

6 and for no other purpose, such sums as are nec7 essary.

8 SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFICANT REG9 ULATORY ACTIONS.

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

11 rule that includes any Federal intergovernmental mandate

12 that may result in the expenditure by State, local, or tribal

13 governments, and the private sector, in the aggregate, of

14 $100,000,000 or more (adjusted annually for inflation by

15 the Consumer Price Index) in any 1 year, and before pro16 mulgating any general notice of proposed rulemaking that

17 is likely to result in promulgation of any such rule, the

18 agency shall prepare a written statement containing—

19 (1) estimates by the agency, including the un20 derlying analysis, of the anticipated costs to State,

21 local, and tribal governments and the private sector

22 of complying with the Federal intergovernmental

23 mandate, and of the extent to which such costs may

24 be paid with funds provided by the Federal Govern-
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1 ment or otherwise paid through Federal financial as2 sistance;

3 (2) estimates by the agency, if and to the ex4 tent that the agency determines that accurate esti5 mates are reasonably feasible, of—

6 (A) the future costs of the Federal inter7 governmental mandate; and

8 (B) any disproportionate budgetary effects

9 of the Federal intergovernmental mandate upon

10 any particular regions of the Nation or particu11 lar State, local, or tribal governments, urban or

12 rural or other types of communities;

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

14 assessment of costs and benefits anticipated from

15 the Federal intergovernmental mandate (such as the

16 enhancement of health and safety and the protection

17 of the natural environment);

18 (4) the effect of the Federal private sector man19 date on the national economy, including the effect on

20 productivity, economic growth, full employment, cre21 ation of productive jobs, and international competi22 tiveness of United States goods and services; and

23 (5)(A) a description of the extent of the agen24 cy’s prior consultation with elected representatives
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1 (or their designated representatives) of the affected

2 State, local, and tribal governments;

3 (B) a summary of the comments and concerns

4 that were presented by State, local, or tribal govern5 ments either orally or in writing to the agency;

6 (C) a summary of the agency’s evaluation of

7 those comments and concerns; and

8 (D) the agency’s position supporting the need

9 to issue the regulation containing the Federal inter10 governmental mandates (considering, among other

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

12 paid with funds provided by the Federal Govern13 ment).

14 (b) PROMULGATION.—In promulgating a general no15 tice of proposed rulemaking or a final rule for which a

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

17 shall include in the promulgation a summary of the infor18 mation contained in the statement.

19 (c) PREPARATION IN CONJUNCTION WITH OTHER

20 STATEMENT.—Any agency may prepare any statement re21 quired under subsection (a) in conjunction with or as a

22 part of any other statement or analysis, provided that the

23 statement or analysis satisfies the provisions of subsection

24 (a).
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1 SEC. 203. ASSISTANCE TO THE CONGRESSIONAL BUDGET

2 OFFICE.

3 The Director of the Office of Management and

4 Budget shall—

5 (1) collect from agencies the statements pre6 pared under section 202; and

7 (2) periodically forward copies of such state8 ments to the Director of the Congressional Budget

9 Office on a reasonably timely basis after promulga10 tion of the general notice of proposed rulemaking or

11 of the final rule for which the statement was pre12 pared.

13 SEC. 204. PILOT PROGRAM ON SMALL GOVERNMENT FLEXI14 BILITY.

15 (a) IN GENERAL.—The Director of the Office of

16 Management and Budget, in consultation with Federal

17 agencies, shall establish pilot programs in at least 2 agen18 cies to test innovative, and more flexible regulatory ap19 proaches that—

20 (1) reduce reporting and compliance burdens on

21 small governments; and

22 (2) meet overall statutory goals and objectives.

23 (b) PROGRAM FOCUS.—The pilot programs shall

24 focus on rules in effect or proposed rules, or a combination

25 thereof.
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1 TITLE III—REVIEW OF UN2 FUNDED FEDERAL MAN3 DATES

4 SEC. 301. ESTABLISHMENT.

5 There is established a commission which shall be

6 known as the ‘‘Commission on Unfunded Federal Man7 dates’’ (in this title referred to as the ‘‘Commission’’).

8 SEC. 302. REPORT ON UNFUNDED FEDERAL MANDATES BY

9 THE COMMISSION.

10 (a) IN GENERAL.—The Commission shall in accord11 ance with this section—

12 (1) investigate and review the role of unfunded

13 Federal mandates in intergovernmental relations and

14 their impact on local, State, and Federal government

15 objectives and responsibilities; and

16 (2) make recommendations to the President

17 and the Congress regarding—

18 (A) allowing flexibility for States, local,

19 and tribal governments in complying with spe20 cific unfunded Federal mandates for which

21 terms of compliance are unnecessarily rigid or

22 complex;

23 (B) reconciling any 2 or more unfunded

24 Federal mandates which impose contradictory

25 or inconsistent requirements;
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1 (C) terminating unfunded Federal man2 dates which are duplicative, obsolete, or lacking

3 in practical utility;

4 (D) suspending, on a temporary basis, un5 funded Federal mandates which are not vital to

6 public health and safety and which compound

7 the fiscal difficulties of States, local, and tribal

8 governments, including recommendations for

9 triggering such suspension;

10 (E) consolidating or simplifying unfunded

11 Federal mandates, or the planning or reporting

12 requirements of such mandates, in order to re13 duce duplication and facilitate compliance by

14 States, local, and tribal governments with those

15 mandates; and

16 (F) establishing common Federal defini17 tions or standards to be used by States, local,

18 and tribal governments in complying with un19 funded Federal mandates that use different

20 definitions or standards for the same terms or

21 principles.

22 (3) IDENTIFICATION OF RELEVANT UNFUNDED

23 FEDERAL MANDATES.—Each recommendation under

24 paragraph (2) shall, to the extent practicable, iden-
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1 tify the specific unfunded Federal mandates to

2 which the recommendation applies.

3 (b) CRITERIA.—

4 (1) IN GENERAL.—The Commission shall estab5 lish criteria for making recommendations under sub6 section (a).

7 (2) ISSUANCE OF PROPOSED CRITERIA.—The

8 Commission shall issue proposed criteria under this

9 subsection not later than 60 days after the date of

10 the enactment of this Act, and thereafter provide a

11 period of 30 days for submission by the public of

12 comments on the proposed criteria.

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

14 after the date of issuance of proposed criteria, the

15 Commission shall—

16 (A) consider comments on the proposed

17 criteria received under paragraph (2);

18 (B) adopt and incorporate in final criteria

19 any recommendations submitted in those com20 ments that the Commission determines will aid

21 the Commission in carrying out its duties under

22 this section; and

23 (C) issue final criteria under this sub24 section.

25 (c) PRELIMINARY REPORT.—
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1 (1) IN GENERAL.—Not later than 9 months

2 after the date of the enactment of this Act, the

3 Commission shall—

4 (A) prepare and publish a preliminary re5 port on its activities under this subtitle, includ6 ing preliminary recommendations pursuant to

7 subsection (a);

8 (B) publish in the Federal Register a no9 tice of availability of the preliminary report;

10 and

11 (C) provide copies of the preliminary re12 port to the public upon request.

13 (2) PUBLIC HEARINGS.—The Commission shall

14 hold public hearings on the preliminary rec15 ommendations contained in the preliminary report of

16 the Commission under this subsection.

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

18 the date of the publication of the preliminary report under

19 subsection (c), the Commission shall submit to the Con20 gress, including the Committee on Government Reform

21 and Oversight of the House of Representatives and the

22 Committee on Governmental Affairs of the Senate, and

23 to the President a final report on the findings, conclusions,

24 and recommendations of the Commission under this sec25 tion.
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1 SEC. 303. MEMBERSHIP.

2 (a) NUMBER AND APPOINTMENT.—

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

4 composed of 9 members appointed from individuals

5 who possess extensive leadership experience in and

6 knowledge of States, local, and tribal governments

7 and intergovernmental relations, including State and

8 local elected officials, as follows:

9 (A) 3 members appointed by the Speaker

10 of the House of Representatives, in consultation

11 with the minority leader of the House of Rep12 resentatives.

13 (B) 3 members appointed by the majority

14 leader of the Senate, in consultation with the

15 minority leader of the Senate.

16 (C) 3 members appointed by the President.

17 (2) LIMITATION.—An individual who is a Mem18 ber or employee of the Congress may not be ap19 pointed or serve as a member of the Commission.

20 (b) WAIVER OF LIMITATION ON EXECUTIVE SCHED21 ULE POSITIONS.—Appointments may be made under this

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

23 States Code.

24 (c) TERMS.—
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1 (1) IN GENERAL.—Each member of the Com2 mission shall be appointed for the life of the Com3 mission.

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

5 shall be filled in the manner in which the original

6 appointment was made.

7 (d) BASIC PAY.—

8 (1) RATES OF PAY.—Members of the Commis9 sion shall serve without pay.

10 (2) PROHIBITION OF COMPENSATION OF FED11 ERAL EMPLOYEES.—Members of the Commission

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

13 States may not receive additional pay, allowances, or

14 benefits by reason of their service on the Commis15 sion.

16 (e) TRAVEL EXPENSES.—Each member of the Com17 mission shall receive travel expenses, including per diem

18 in lieu of subsistence, in accordance with sections 5702

19 and 5703 of title 5, United States Code.

20 (f) CHAIRPERSON.—The President shall designate a

21 member of the Commission as Chairperson at the time of

22 the appointment of that member.

23 (g) MEETINGS.—
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1 (1) IN GENERAL.—Subject to paragraph (2),

2 the Commission shall meet at the call of the Chair3 person or a majority of its members.

4 (2) FIRST MEETING.—The Commission shall

5 convene its first meeting by not later than 45 days

6 after the date of the completion of appointment of

7 the members of the Commission.

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

9 Commission shall constitute a quorum but a lesser

10 number may hold hearings.

11 SEC. 304. DIRECTOR AND STAFF OF COMMISSION; EXPERTS

12 AND CONSULTANTS.

13 (a) DIRECTOR.—The Commission shall, without re14 gard to section 5311(b) of title 5, United States Code,

15 have a Director who shall be appointed by the Commis16 sion. The Director shall be paid at the rate of basic pay

17 payable for level IV of the Executive Schedule.

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

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

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

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

22 carry out its duties.

23 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

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

25 be appointed without regard to the provisions of title 5,
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1 United States Code, governing appointments in the com2 petitive service, and may be paid without regard to the

3 provisions of chapter 51 and subchapter III of chapter 53

4 of that title relating to classification and General Schedule

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

6 receive pay in excess of the annual rate payable under

7 section 5376 of title 5, United States Code.

8 (d) EXPERTS AND CONSULTANTS.—The Commission

9 may procure temporary and intermittent services of ex10 perts or consultants under section 3109(b) of title 5,

11 United States Code.

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

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

14 agency may detail, on a reimbursable basis, any of the

15 personnel of that department or agency to the Commission

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

17 SEC. 305. POWERS OF COMMISSION.

18 (a) HEARINGS AND SESSIONS.—The Commission

19 may, for the purpose of carrying out this title, hold hear20 ings, sit and act at times and places, take testimony, and

21 receive evidence as the Commission considers appropriate.

22 (b) POWERS OF MEMBERS AND AGENTS.—Any mem23 ber or agent of the Commission may, if authorized by the

24 Commission, take any action which the Commission is

25 authorized to take by this section.
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1 (c) OBTAINING OFFICIAL DATA.—The Commission

2 may secure directly from any department or agency of the

3 United States information necessary to enable it to carry

4 out this title, except information—

5 (1) which is specifically exempted from disclo6 sure by law; or

7 (2) which that department or agency deter8 mines will disclose—

9 (A) matters necessary to be kept secret in

10 the interests of national defense or the con11 fidential conduct of the foreign relations of the

12 United States;

13 (B) information relating to trade secrets or

14 financial or commercial information pertaining

15 specifically to a given person if the information

16 has been obtained by the Government on a con17 fidential basis, other than through an applica18 tion by such person for a specific financial or

19 other benefit, and is required to be kept secret

20 in order to prevent undue injury to the competi21 tive position of such person; or

22 (C) personnel or medical data or similar

23 data the disclosure of which would constitute a

24 clearly unwarranted invasion of personal pri25 vacy;
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1 unless the portions containing such matters, infor2 mation, or data have been excised.

3 Upon request of the Chairperson of the Commission, the

4 head of that department or agency shall furnish that infor5 mation to the Commission.

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

7 States mails in the same manner and under the same con8 ditions as other departments and agencies of the United

9 States.

10 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon

11 the request of the Commission, the Administrator of Gen12 eral Services shall provide to the Commission, on a reim13 bursable basis, the administrative support services nec14 essary for the Commission to carry out its duties under

15 this title.

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

17 subject to appropriations, contract with and compensate

18 government and private agencies or persons for property

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

20 SEC. 306. TERMINATION.

21 The Commission shall terminate 90 days after sub22 mitting its final report pursuant to section 302(d).

23 SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

24 There are authorized to be appropriated to the Com25 mission $1,000,000 to carry out this title.
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1 SEC. 308. DEFINITION.

2 As used in this title, the term ‘‘unfunded Federal

3 mandate’’ means—

4 (1) any provision in statute or regulation that

5 imposes an enforceable duty upon States, local gov6 ernments, or tribal governments including a condi7 tion of Federal assistance or a duty arising from

8 participation in a voluntary Federal program;

9 (2) relates to a Federal program under which

10 Federal financial assistance is provided to States,

11 local governments, or tribal governments under enti12 tlement authority; or

13 (3) that imposes any other unfunded obligation

14 on States, local governments, or tribal governments.

15 SEC. 309. EFFECTIVE DATE.

16 This title shall take effect 60 days after the date of

17 the enactment of this Act.

18 TITLE IV—JUDICIAL REVIEW

19 SEC. 401. JUDICIAL REVIEW.

20 (a) IN GENERAL.—Any statement or report prepared

21 under this Act, and any compliance or noncompliance with

22 the provisions of this Act, and any determination concern23 ing the applicability of the provisions of this Act shall not

24 be subject to judicial review.

25 (b) RULE OF CONSTRUCTION.—No provision of this

26 Act or amendment made by this Act shall be construed
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1 to create any right or benefit, substantive or procedural,

2 enforceable by any person in any administrative or judicial

3 action. No ruling or determination made under the provi4 sions of this Act or amendments made by this Act shall

5 be considered by any court in determining the intent of

6 Congress or for any other purpose.

Æ

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Calendar No. 12

104TH CONGRESS

1ST SESSION S. 1

A BILL

To curb the practice of imposing unfunded Federal

statutes and regulations, and for other purposes.plying with certain requirements under Federalthe costs incurred by those governments in comand to ensure that the Federal Government paysdisplace other essential governmental priorities;without adequate funding, in a manner that maydates on State, local, and tribal governmentsfull consideration by Congress, of Federal manments; to end the imposition, in the absence ofGovernment and State, local and tribal governstrengthen the partnership between the Federalmandates on States and local governments; to

JANUARY 9, 1995

Reported with amendments