II

104TH CONGRESS

1ST SESSION S. 169

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 5, 1995

Mr. GRASSLEY (for Mr. KEMPTHORNE) introduced the following bill; which

was read the first time

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
2

•S 169 IS

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;

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

12 consideration by Congress, of Federal mandates on

13 States, local governments, and tribal governments

14 without adequate Federal funding, in a manner that

15 may displace other essential State, local, and tribal

16 governmental priorities;

17 (3) to assist Congress in its consideration of

18 proposed legislation establishing or revising Federal

19 programs containing Federal mandates affecting

20 States, local governments, tribal governments, and

21 the private sector by—

22 (A) providing for the development of infor23 mation about the nature and size of mandates

24 in proposed legislation; and
3

•S 169 IS

1 (B) establishing a mechanism to bring

2 such information to the attention of the Senate

3 and the House of Representatives before the

4 Senate and the House of Representatives vote

5 on proposed legislation;

6 (4) to promote informed and deliberate deci7 sions by Congress on the appropriateness of Federal

8 mandates in any particular instance;

9 (5) to require that Congress consider whether

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

11 governments in complying with Federal mandates, to

12 require analyses of the impact of private sector man13 dates, and through the dissemination of that infor14 mation provide informed and deliberate decisions by

15 Congress and Federal agencies and retain competi16 tive balance between the public and private sectors;

17 (6) to establish a point-of-order vote on the con18 sideration in the Senate and House of Representa19 tives of legislation containing significant Federal

20 mandates; and

21 (7) to assist Federal agencies in their consider22 ation of proposed regulations affecting States, local

23 governments, and tribal governments, by—

24 (A) requiring that Federal agencies de25 velop a process to enable the elected and other
4

•S 169 IS

1 officials of States, local governments, and tribal

2 governments to provide input when Federal

3 agencies are developing regulations; and

4 (B) requiring that Federal agencies pre5 pare and consider better estimates of the budg6 etary impact of regulations containing Federal

7 mandates upon States, local governments, and

8 tribal governments before adopting such regula9 tions, and ensuring that small governments are

10 given special consideration in that process.

11 SEC. 3. DEFINITIONS.

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

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

14 through (21) of section 3 of the Congressional

15 Budget and Impoundment Control Act of 1974 (as

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

17 the meanings as so defined; and

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

19 the Congressional Budget Office.

20 (b) CONGRESSIONAL BUDGET AND IMPOUNDMENT

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

22 Budget and Impoundment Control Act of 1974 is amend23 ed by adding at the end thereof the following new para24 graphs:
5

•S 169 IS

1 ‘‘(11) The term ‘Federal intergovernmental

2 mandate’ means—

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

4 or regulation that—

5 ‘‘(i) would impose an enforceable duty

6 upon States, local governments, or tribal

7 governments, except—

8 ‘‘(I) a condition of Federal as9 sistance; or

10 ‘‘(II) a duty arising from partici11 pation in a voluntary Federal pro12 gram, except as provided in subpara13 graph (B)); or

14 ‘‘(ii) would reduce or eliminate the

15 amount of authorization of appropriations

16 for Federal financial assistance that would

17 be provided to States, local governments,

18 or tribal governments for the purpose of

19 complying with any such previously im20 posed duty unless such duty is reduced or

21 eliminated by a corresponding amount; or

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

23 or regulation that relates to a then-existing

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

25 more is provided annually to States, local gov-
6

•S 169 IS

1 ernments, and tribal governments under entitle2 ment authority, if the provision—

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

4 of conditions of assistance to States, local

5 governments, or tribal governments under

6 the program; or

7 ‘‘(II) would place caps upon, or other8 wise decrease, the Federal Government’s

9 responsibility to provide funding to States,

10 local governments, or tribal governments

11 under the program; and

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

13 tribal governments that participate in the

14 Federal program lack authority under that

15 program to amend their financial or pro16 grammatic responsibilities to continue pro17 viding required services that are affected

18 by the legislation, statute or regulation.

19 ‘‘(12) The term ‘Federal private sector man20 date’ means any provision in legislation, statute, or

21 regulation that—

22 ‘‘(A) would impose an enforceable duty

23 upon the private sector except—

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

25 or
7

•S 169 IS

1 ‘‘(ii) a duty arising from participation

2 in a voluntary Federal program; or

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

4 of authorization of appropriations for Federal

5 financial assistance that will be provided to the

6 private sector for the purposes of ensuring com7 pliance with such duty.

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

9 Federal intergovernmental mandate or a Federal

10 private sector mandate, as defined in paragraphs

11 (11) and (12).

12 ‘‘(14) The terms ‘Federal mandate direct costs’

13 and ‘direct costs’—

14 ‘‘(A)(i) in the case of a Federal intergov15 ernmental mandate, mean the aggregate esti16 mated amounts that all States, local govern17 ments, and tribal governments would be re18 quired to spend in order to comply with the

19 Federal intergovernmental mandate; or

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

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

22 Federal financial assistance eliminated or re23 duced.

24 ‘‘(B) in the case of a Federal private sec25 tor mandate, mean the aggregate estimated
8

•S 169 IS

1 amounts that the private sector will be required

2 to spend in order to comply with the Federal

3 private sector mandate;

4 ‘‘(C) shall not include—

5 ‘‘(i) estimated amounts that the

6 States, local governments, and tribal gov7 ernments ( in the case of a Federal inter8 governmental mandate) or the private sec9 tor (in the case of a Federal private sector

10 mandate) would spend—

11 ‘‘(I) to comply with or carry out

12 all applicable Federal, State, local,

13 and tribal laws and regulations in ef14 fect at the time of the adoption of the

15 Federal mandate for the same activity

16 as is affected by that Federal man17 date; or

18 ‘‘(II) to comply with or carry out

19 State, local governmental, and tribal

20 governmental programs, or private21 sector business or other activities in

22 effect at the time of the adoption of

23 the Federal mandate for the same ac24 tivity as is affected by that mandate;

25 or
9

•S 169 IS

1 ‘‘(ii) expenditures to the extent that

2 such expenditures will be offset by any di3 rect savings to the States, local govern4 ments, and tribal governments, or by the

5 private sector, as a result of—

6 ‘‘(I) compliance with the Federal

7 mandate; or

8 ‘‘(II) other changes in Federal

9 law or regulation that are enacted or

10 adopted in the same bill or joint reso11 lution or proposed or final Federal

12 regulation and that govern the same

13 activity as is affected by the Federal

14 mandate; and

15 ‘‘(D) shall be determined on the assump16 tion that State, local, and tribal governments,

17 and the private sector will take all reasonable

18 steps necessary to mitigate the costs resulting

19 from the Federal mandate, and will comply with

20 applicable standards of practice and conduct es21 tablished by recognized professional or trade as22 sociations. Reasonable steps to mitigate the

23 costs shall not include increases in State, local,

24 or tribal taxes or fees.
10

•S 169 IS

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

2 budget authority for any Federal grant assistance

3 program or any Federal program providing loan

4 guarantees or direct loans.

5 ‘‘(16) The term ‘private sector’ means individ6 uals, partnerships, associations, corporations, busi7 ness trusts, or legal representatives, organized

8 groups of individuals, and educational and other

9 nonprofit institutions.

10 ‘‘(17) The term ‘local government’ has the same

11 meaning as in section 6501(6) of title 31, United

12 States Code.

13 ‘‘(18) The term ‘tribal government’ means any

14 Indian tribe, band, nation, or other organized group

15 or community, including any Alaska Native village

16 or regional or village corporation as defined in or es17 tablished pursuant to the Alaska Native Claims Set18 tlement Act (83 Stat. 688; 43 U.S.C. 1601 et seq.)

19 which is recognized as eligible for the special pro20 grams and services provided by the United States to

21 Indians because of their special status as Indians.

22 ‘‘(19) The term ‘small government’ means any

23 small governmental jurisdictions defined in section

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

25 government.
11

•S 169 IS

1 ‘‘(20) The term ‘State’ has the same meaning

2 as in section 6501(9) of title 31, United States

3 Code.

4 ‘‘(21) The term ‘agency’ has the meaning as de5 fined in section 551(1) of title 5, United States

6 Code, but does not include independent regulatory

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

8 United States Code.

9 ‘‘(22) The term ‘regulation’ or ‘rule’ has the

10 meaning of ‘rule’ as defined in section 601(2) of title

11 5, United States Code.’’.

12 SEC. 4. EXCLUSIONS.

13 The provisions of this Act and the amendments made

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

15 joint resolution before Congress and any provision in a

16 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 race, re20 ligion, gender, national origin, or handicapped or

21 disability status;

22 (3) requires compliance with accounting and

23 auditing procedures with respect to grants or other

24 money or property provided by the United States

25 Government;
12

•S 169 IS

1 (4) provides for emergency assistance or relief

2 at the request of any State, local, or tribal govern3 ment or any official of a State, local, or tribal gov4 ernment;

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

6 ratification or implementation of international treaty

7 obligations; or

8 (6) the President designates as emergency legis9 lation and that the Congress so designates in stat10 ute.

11 SEC. 5. AGENCY ASSISTANCE.

12 Each agency shall provide to the Director of the Con13 gressional Budget Office such information and assistance

14 as the Director may reasonably request to assist the Direc15 tor in carrying out this Act.

16 TITLE I—LEGISLATIVE

17 ACCOUNTABILITY AND REFORM

18 SEC. 101. LEGISLATIVE MANDATE ACCOUNTABILITY AND

19 REFORM.

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

21 Budget and Impoundment Control Act of 1974 is amend22 ed by adding at the end thereof the following new section:

23 ‘‘SEC. 408. LEGISLATIVE MANDATE ACCOUNTABILITY AND

24 REFORM.

25 ‘‘(a) DUTIES OF CONGRESSIONAL COMMITTEES.—
13

•S 169 IS

1 ‘‘(1) IN GENERAL.—When a committee of au2 thorization of the Senate or the House of Represent3 atives reports a bill or joint resolution of public

4 character that includes any Federal mandate, the re5 port of the committee accompanying the bill or joint

6 resolution shall contain the information required by

7 paragraphs (3) and (4).

8 ‘‘(2) SUBMISSION OF BILLS TO THE DIREC9 TOR.—When a committee of authorization of the

10 Senate or the House of Representatives orders re11 ported a bill or joint resolution of a public character,

12 the committee shall promptly provide the bill or joint

13 resolution to the Director of the Congressional

14 Budget Office and shall identify to the Director any

15 Federal mandates contained in the bill or resolution.

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

17 report described under paragraph (1) shall con18 tain—

19 ‘‘(A) an identification and description of

20 any Federal mandates in the bill or joint resolu21 tion, including the expected direct costs to

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

23 private sector, required to comply with the Fed24 eral mandates;
14

•S 169 IS

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

2 quantitative assessment of costs and benefits

3 anticipated from the Federal mandates (includ4 ing the effects on health and safety and the

5 protection of the natural environment); and

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

7 Federal mandate affects both the public and

8 private sectors and the extent to which Federal

9 payment of public sector costs 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
15

•S 169 IS

1 governments subject to the Federal intergovern2 mental mandates; and

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

4 intends that the Federal intergovernmental

5 mandates be partly or entirely unfunded, and

6 if so, the reasons for that intention; and

7 ‘‘(B) any existing sources of Federal as8 sistance in addition to those identified in sub9 paragraph (A) that may assist State, local, and

10 tribal governments in meeting the direct costs

11 of the Federal intergovernmental mandates.

12 ‘‘(5) PREEMPTION CLARIFICATION AND INFOR13 MATION.—When a committee of authorization of the

14 Senate or the House of Representatives reports a

15 bill or joint resolution of public character, the com16 mittee report accompanying the bill or joint resolu17 tion shall contain, if relevant to the bill or joint reso18 lution, an explicit statement on the extent to which

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

20 or tribal law, and, if so, an explanation of the rea21 sons for such preemption.

22 ‘‘(6) PUBLICATION OF STATEMENT FROM THE

23 DIRECTOR.—

24 ‘‘(A) Upon receiving a statement (includ25 ing any supplemental statement) from the Di-
16

•S 169 IS

1 rector under subsection (b)(1), a committee of

2 the Senate or the House of Representatives

3 shall publish the statement in the committee re4 port accompanying the bill or joint resolution to

5 which the statement relates if the statement is

6 available at the time the report is printed.

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

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

9 which the statement relates is expected to be

10 considered by the Senate or the House of Rep11 resentatives before the report is published, the

12 committee shall cause the statement, or a sum13 mary thereof, to be published in the Congres14 sional Record in advance of floor consideration

15 of the bill or joint resolution.

16 ‘‘(b) DUTIES OF THE DIRECTOR.—

17 ‘‘(1) STATEMENTS ON BILLS AND JOINT RESO18 LUTIONS OTHER THAN APPROPRIATIONS BILLS AND

19 JOINT RESOLUTIONS.—

20 ‘‘(A) FEDERAL INTERGOVERNMENTAL

21 MANDATES IN REPORTED BILLS AND RESOLU22 TIONS.—For each bill or joint resolution of a

23 public character reported by any committee of

24 authorization of the Senate or the House of

25 Representatives, the Director of the Congres-
17

•S 169 IS

1 sional Budget Office shall prepare and submit

2 to the committee a statement as follows:

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

4 direct cost of all Federal intergovernmental

5 mandates in the bill or joint resolution will

6 equal or exceed $50,000,000 (adjusted an7 nually for inflation) in the fiscal year in

8 which any Federal intergovernmental man9 date in the bill or joint resolution (or in

10 any necessary implementing regulation)

11 would first be effective or in any of the 4

12 fiscal years following such fiscal year, the

13 Director shall so state, specify the esti14 mate, and briefly explain the basis of the

15 estimate.

16 ‘‘(ii) The estimate required under

17 clause (i) shall include estimates (and brief

18 explanations of the basis of the estimates)

19 of—

20 ‘‘(I) the total amount of direct

21 cost of complying with the Federal

22 intergovernmental mandates in the

23 bill or joint resolution; and

24 ‘‘(II) the amount, if any, of in25 crease in authorization of appropria-
18

•S 169 IS

1 tions under existing Federal financial

2 assistance programs, or of authoriza3 tion of appropriations for new Federal

4 financial assistance, provided by the

5 bill or joint resolution and usable by

6 State, local, or tribal governments for

7 activities subject to the Federal inter8 governmental mandates.

9 ‘‘(B) FEDERAL PRIVATE SECTOR MAN10 DATES IN REPORTED BILLS AND JOINT RESO11 LUTIONS.—For each bill or joint resolution of a

12 public character reported by any committees of

13 authorization of the Senate or the House of

14 Representatives, the Director of the Congres15 sional Budget Office shall prepare and submit

16 to the committee a statement as follows:

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

18 direct cost of all Federal private sector

19 mandates in the bill or joint resolution will

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

21 annually for inflation) in the fiscal year in

22 which any Federal private sector mandate

23 in the bill or joint resolution (or in any

24 necessary implementing regulation) would

25 first be effective or in any of the 4 fiscal
19

•S 169 IS

1 years following such fiscal year, the Direc2 tor shall so state, specify the estimate, and

3 briefly explain the basis of the estimate.

4 ‘‘(ii) Estimates required under this

5 subparagraph shall include estimates (and

6 a brief explanation of the basis of the esti7 mates) of—

8 ‘‘(I) the total amount of direct

9 costs of complying with the Federal

10 private sector mandates in the bill or

11 joint resolution; and

12 ‘‘(II) the amount, if any, of in13 crease in authorization of appropria14 tions under existing Federal financial

15 assistance programs, or of authoriza16 tion of appropriations for new Federal

17 financial assistance, provided by the

18 bill or joint resolution usable by the

19 private sector for the activities subject

20 to the Federal private sector man21 dates.

22 ‘‘(iii) If the Director determines that

23 it is not feasible to make a reasonable esti24 mate that would be required under clauses

25 (i) and (ii), the Director shall not make
20

•S 169 IS

1 the estimate, but shall report in the state2 ment that the reasonable estimate cannot

3 be made and shall include the reasons for

4 that determination in the statement.

5 ‘‘(C) LEGISLATION FALLING BELOW THE

6 DIRECT COSTS THRESHOLDS.—If the Director

7 estimates that the direct costs of a Federal

8 mandate will not equal or exceed the thresholds

9 specified in paragraphs (A) and (B), the Direc10 tor shall so state and shall briefly explain the

11 basis of the estimate.

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

13 THE SENATE.—

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

15 the Senate to consider—

16 ‘‘(A) any bill or joint resolution that is re17 ported by a committee unless the committee has

18 published a statement of the Director on the di19 rect costs of Federal mandates in accordance

20 with subsection (a)(6) before such consider21 ation; and

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

23 motion, or conference report that would in24 crease the direct costs of Federal intergovern25 mental mandates by an amount that causes the
21

•S 169 IS

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

2 be exceeded, unless—

3 ‘‘(i) the bill, joint resolution, amend4 ment, motion, or conference report pro5 vides direct spending authority for each

6 fiscal year for the Federal intergovern7 mental mandates included in the bill, joint

8 resolution, amendment, motion, or con9 ference report in an amount that is equal

10 to the estimated direct costs of such man11 date;

12 ‘‘(ii) the bill, joint resolution, amend13 ment, motion, or conference report pro14 vides an increase in receipts and an in15 crease in direct spending authority for

16 each fiscal year for the Federal intergov17 ernmental mandates included in the bill,

18 joint resolution, amendment, motion, or

19 conference report in an amount equal to

20 the estimated direct costs of such mandate;

21 or

22 ‘‘(iii) the bill, joint resolution, amend23 ment, motion, or conference report in24 cludes an authorization for appropriations
22

•S 169 IS

1 in an amount equal to the estimated direct

2 costs of such mandate, and—

3 ‘‘(I) identifies a specific dollar

4 amount estimate of the full direct

5 costs of the mandate for each year or

6 other period during which the man7 date shall be in effect under the bill,

8 joint resolution, amendment, motion

9 or conference report, and such esti10 mate is consistent with the estimate

11 determined under paragraph (3) for

12 each fiscal year;

13 ‘‘(II) identifies any appropriation

14 bill that is expected to provide for

15 Federal funding of the direct cost re16 ferred to under subclause (IV)(aa);

17 ‘‘(III) identifies the minimum

18 amount that must be appropriated in

19 each appropriations bill referred to in

20 subclause (II), in order to provide for

21 full Federal funding of the direct

22 costs referred to in subclause (I); and

23 ‘‘(IV)(aa) designates a respon24 sible Federal agency and establishes

25 criteria and procedures under which
23

•S 169 IS

1 such agency shall implement less cost2 ly programmatic and financial respon3 sibilities of State, local, and tribal

4 governments in meeting the objectives

5 of the mandate, to the extent that an

6 appropriation Act does not provide for

7 the estimated direct costs of such

8 mandate as set forth under subclause

9 (III); or

10 ‘‘(bb) designates a responsible

11 Federal agency and establishes cri12 teria and procedures to direct that, if

13 an appropriation Act does not provide

14 for the estimated direct costs of such

15 mandate as set forth under subclause

16 (III), such agency shall declare such

17 mandate to be ineffective as of Octo18 ber 1 of the fiscal year for which the

19 appropriation is not at least equal to

20 the direct costs of the mandate.

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

22 of paragraph (1)(B)(iii)(IV)(aa) shall not be con23 strued to prohibit or otherwise restrict a State, local,

24 or tribal government from voluntarily electing to re25 main subject to the original Federal intergovern-
24

•S 169 IS

1 mental mandate, complying with the programmatic

2 or financial responsibilities of the original Federal

3 intergovernmental mandate and providing the fund4 ing necessary consistent with the costs of Federal

5 agency assistance, monitoring, and enforcement.

6 ‘‘(3) COMMITTEE ON APPROPRIATIONS.—Para7 graph (1) shall not apply to matters that are within

8 the jurisdiction of the Committee on Appropriations

9 of the Senate or the House of Representatives.

10 ‘‘(4) DETERMINATION OF APPLICABILITY TO

11 PENDING LEGISLATION.—For purposes of this sub12 section, on questions regarding the applicability of

13 this Act to a pending bill, joint resolution, amend14 ment, motion, or conference report, the Committee

15 on Governmental Affairs of the Senate, or the Com16 mittee on Government Reform and Oversight of the

17 House of Representatives, as applicable, shall have

18 the authority to make the final determination.

19 ‘‘(5) DETERMINATIONS OF FEDERAL MANDATE

20 LEVELS.—For the purposes of this subsection, the

21 levels of Federal mandates for a fiscal year shall be

22 determined based on the estimates made by the

23 Committee on the Budget of the Senate or the

24 House of Representatives, as the case may be.
25

•S 169 IS

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.’’.
26

•S 169 IS

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 SEC. 103. ASSISTANCE TO COMMITTEES AND STUDIES.

10 The Congressional Budget and Impoundment Control

11 Act of 1974 is amended—

12 (1) in section 202—

13 (A) in subsection (c)—

14 (i) by redesignating paragraph (2) as

15 paragraph (3); and

16 (ii) by inserting after paragraph (1)

17 the following new paragraph:

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

19 Senate or the House of Representatives, the Office

20 shall, to the extent practicable, consult with and as21 sist such committee in analyzing the budgetary or fi22 nancial impact of any proposed legislation that may

23 have—

24 ‘‘(A) a significant budgetary impact on

25 State, local, or tribal governments; or
27

•S 169 IS

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

2 private sector.’’;

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

4 follows:

5 ‘‘(h) STUDIES.—

6 ‘‘(1) CONTINUING STUDIES.—The Director of

7 the Congressional Budget Office shall conduct con8 tinuing studies to enhance comparisons of budget

9 outlays, credit authority, and tax expenditures.

10 ‘‘(2) FEDERAL MANDATE STUDIES.—

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

12 ranking member of the minority of a Committee

13 of the Senate or the House of Representatives,

14 the Director shall, to the extent practicable,

15 conduct a study of a Federal mandate legisla16 tive proposal.

17 ‘‘(B) In conducting a study on intergovern18 mental mandates under subparagraph (A), the

19 Director shall—

20 ‘‘(i) solicit and consider information

21 or comments from elected officials (includ22 ing their designated representatives) of

23 State, local, or tribal governments as may

24 provide helpful information or comments;
28

•S 169 IS

1 ‘‘(ii) consider establishing advisory

2 panels of elected officials or their des3 ignated representatives, of State, local, or

4 tribal governments if the Director deter5 mines that such advisory panels would be

6 helpful in performing responsibilities of the

7 Director under this section; and

8 ‘‘(iii) if, and to the extent that the Di9 rector determines that accurate estimates

10 are reasonably feasible, include estimates

11 of—

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

13 Federal mandate to the extent that

14 such costs significantly differ from or

15 extend beyond the 5-year period after

16 the mandate is first effective; and

17 ‘‘(II) any disproportionate budg18 etary effects of Federal mandates

19 upon particular industries or sectors

20 of the economy, States, regions, and

21 urban or rural or other types of com22 munities, as appropriate.

23 ‘‘(C) In conducting a study on private sec24 tor mandates under subparagraph (A), the Di25 rector shall provide estimates, if and to the ex-
29

•S 169 IS

1 tent that the Director determines that such es2 timates are reasonably feasible, of—

3 ‘‘(i) future costs of Federal private

4 sector mandates to the extent that such

5 mandates differ significantly from or ex6 tend beyond the 5-year time period re7 ferred to in subparagraph (B)(iii)(I);

8 ‘‘(ii) any disproportionate financial ef9 fects of Federal private sector mandates

10 and of any Federal financial assistance in

11 the bill or joint resolution upon any par12 ticular industries or sectors of the econ13 omy, States, regions, and urban or rural or

14 other types of communities; and

15 ‘‘(iii) the effect of Federal private sec16 tor mandates in the bill or joint resolution

17 on the national economy, including the ef18 fect on productivity, economic growth, full

19 employment, creation of productive jobs,

20 and international competitiveness of

21 United States goods and services.’’; and

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

23 thereof the following new sentence: ‘‘Any Committee

24 of the House of Representatives or the Senate that

25 anticipates that the committee will consider any pro-
30

•S 169 IS

1 posed legislation establishing, amending, or reau2 thorizing any Federal program likely to have a sig3 nificant budgetary impact on any State, local, or

4 tribal government, or likely to have a significant fi5 nancial impact on the private sector, including any

6 legislative proposal submitted by the executive

7 branch likely to have such a budgetary or financial

8 impact, shall include its views and estimates on that

9 proposal to the Committee on the Budget of the ap10 plicable House.’’.

11 SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated to the Con13 gressional Budget Office $4,500,000 for each of the fiscal

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

15 carry out the provisions of this Act.

16 SEC. 105. EXERCISE OF RULEMAKING POWERS.

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

18 107 are enacted by Congress—

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

20 the Senate and the House of Representatives, re21 spectively, and as such they shall be considered as

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

23 such rules shall supersede other rules only to the ex24 tent that they are inconsistent therewith; and
31

•S 169 IS

1 (2) with full recognition of the constitutional

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

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

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

5 any other rule of each House.

6 SEC. 106. REPEAL OF CERTAIN ANALYSIS BY CONGRES7 SIONAL BUDGET OFFICE.

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

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

10 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

12 Budget and Impoundment Control Act of 1974 is amend13 ed by striking out the item relating to section 403.

14 SEC. 107. EFFECTIVE DATE.

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

16 shall apply only to legislation introduced on and after such

17 date.

18 TITLE II—REGULATORY

19 ACCOUNTABILITY AND REFORM

20 SEC. 201. REGULATORY PROCESS.

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

22 permitted in law—

23 (1) assess the effects of Federal regulations on

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

25 the extent that such regulations incorporate require-
32

•S 169 IS

1 ments specifically set forth in legislation), and the

2 private sector including specifically the availability of

3 resources to carry out any Federal intergovern4 mental mandates in those regulations; and

5 (2) seek to minimize those burdens that unique6 ly or significantly affect such governmental entities,

7 consistent with achieving statutory and regulatory

8 objectives.

9 (b) STATE, LOCAL, AND TRIBAL GOVERNMENT

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

11 law, develop an effective process to permit elected officials

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

13 tribal governments to provide meaningful and timely input

14 in the development of regulatory proposals containing sig15 nificant Federal intergovernmental mandates. Such a

16 process shall be consistent with all applicable laws.

17 (c) AGENCY PLAN.—

18 (1) EFFECTS ON STATE, LOCAL AND TRIBAL

19 GOVERNMENTS.—Before establishing any regulatory

20 requirements that might significantly or uniquely af21 fect small governments, agencies shall have devel22 oped a plan under which the agency shall—

23 (A) provide notice of the contemplated re24 quirements to potentially affected small govern25 ments, if any;
33

•S 169 IS

1 (B) enable officials of affected small gov2 ernments to provide input under subsection (b);

3 and

4 (C) inform, educate, and advise small gov5 ernments on compliance with the requirements.

6 (2) AUTHORIZATION OF APPROPRIATIONS.—

7 There are authorized to be appropriated to each

8 agency to carry out the provisions of this section,

9 and for no other purpose, such sums as are nec10 essary.

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

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

14 rule that includes any Federal intergovernmental mandate

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

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

17 $100,000,000 or more (adjusted annually for inflation by

18 the Consumer Price Index) in any 1 year, and before pro19 mulgating any general notice of proposed rulemaking that

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

21 agency shall prepare a written statement containing—

22 (1) estimates by the agency, including the un23 derlying analysis, of the anticipated costs to State,

24 local, and tribal governments and the private sector

25 of complying with the Federal intergovernmental
34

•S 169 IS

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

2 be paid with funds provided by the Federal Govern3 ment or otherwise paid through Federal financial

4 assistance;

5 (2) estimates by the agency, if and to the ex6 tent that the agency determines that accurate esti7 mates are reasonably feasible, of—

8 (A) the future costs of the Federal inter9 governmental mandate; and

10 (B) any disproportionate budgetary effects

11 of the Federal intergovernmental mandate upon

12 any particular regions of the Nation or particu13 lar State, local, or tribal governments, urban or

14 rural or other types of communities;

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

16 assessment of costs and benefits anticipated from

17 the Federal intergovernmental mandate (such as the

18 enhancement of health and safety and the protection

19 of the natural environment);

20 (4) the effect of the Federal private sector man21 date on the national economy, including the effect on

22 productivity, economic growth, full employment, cre23 ation of productive jobs, and international competi24 tiveness of United States goods and services; and
35

•S 169 IS

1 (5)(A) a description of the extent of the agen2 cy’s prior consultation with elected representatives

3 (or their designated representatives) of the affected

4 State, local, and tribal governments;

5 (B) a summary of the comments and concerns

6 that were presented by State, local, or tribal govern7 ments either orally or in writing to the agency;

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

9 those comments and concerns; and

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

11 to issue the regulation containing the Federal inter12 governmental mandates (considering, among other

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

14 paid with funds provided by the Federal Govern15 ment).

16 (b) PROMULGATION.—In promulgating a general no17 tice of proposed rulemaking or a final rule for which a

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

19 shall include in the promulgation a summary of the infor20 mation contained in the statement.

21 (c) PREPARATION IN CONJUNCTION WITH OTHER

22 STATEMENT.—Any agency may prepare any statement re23 quired under subsection (a) in conjunction with or as a

24 part of any other statement or analysis, provided that the
36

•S 169 IS

1 statement or analysis satisfies the provisions of subsection

2 (a).

3 SEC. 203. ASSISTANCE TO THE CONGRESSIONAL BUDGET

4 OFFICE.

5 The Director of the Office of Management and Budg6 et shall—

7 (1) collect from agencies the statements pre8 pared under section 202; and

9 (2) periodically forward copies of such state10 ments to the Director of the Congressional Budget

11 Office on a reasonably timely basis after promulga12 tion of the general notice of proposed rulemaking or

13 of the final rule for which the statement was pre14 pared.

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

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

18 Management and Budget, in consultation with Federal

19 agencies, shall establish pilot programs in at least 2 agen20 cies to test innovative, and more flexible regulatory ap21 proaches that—

22 (1) reduce reporting and compliance burdens on

23 small governments; and

24 (2) meet overall statutory goals and objectives.
37

•S 169 IS

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

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

3 thereof.

4 TITLE III—REVIEW OF UN5 FUNDED FEDERAL MAN6 DATES

7 SEC. 301. ESTABLISHMENT.

8 There is established a commission which shall be

9 known as the ‘‘Commission on Unfunded Federal Man10 dates’’ (in this title referred to as the ‘‘Commission’’).

11 SEC. 302. REPORT ON UNFUNDED FEDERAL MANDATES BY

12 THE COMMISSION.

13 (a) IN GENERAL.—The Commission shall in accord14 ance with this section—

15 (1) investigate and review the role of unfunded

16 Federal mandates in intergovernmental relations and

17 their impact on local, State, and Federal Govern18 ment objectives and responsibilities; and

19 (2) make recommendations to the President

20 and the Congress regarding—

21 (A) allowing flexibility for States, local,

22 and tribal governments in complying with spe23 cific unfunded Federal mandates for which

24 terms of compliance are unnecessarily rigid or

25 complex;
38

•S 169 IS

1 (B) reconciling any 2 or more unfunded

2 Federal mandates which impose contradictory

3 or inconsistent requirements;

4 (C) terminating unfunded Federal man5 dates which are duplicative, obsolete, or lacking

6 in practical utility;

7 (D) suspending, on a temporary basis, un8 funded Federal mandates which are not vital to

9 public health and safety and which compound

10 the fiscal difficulties of States, local, and tribal

11 governments, including recommendations for

12 triggering such suspension;

13 (E) consolidating or simplifying unfunded

14 Federal mandates, or the planning or reporting

15 requirements of such mandates, in order to re16 duce duplication and facilitate compliance by

17 States, local, and tribal governments with those

18 mandates; and

19 (F) establishing common Federal defini20 tions or standards to be used by States, local,

21 and tribal governments in complying with un22 funded Federal mandates that use different

23 definitions or standards for the same terms or

24 principles.
39

•S 169 IS

1 (3) IDENTIFICATION OF RELEVANT UNFUNDED

2 FEDERAL MANDATES.—Each recommendation under

3 paragraph (2) shall, to the extent practicable, iden4 tify the specific unfunded Federal mandates to

5 which the recommendation applies.

6 (b) CRITERIA.—

7 (1) IN GENERAL.—The Commission shall estab8 lish criteria for making recommendations under sub9 section (a).

10 (2) ISSUANCE OF PROPOSED CRITERIA.—The

11 Commission shall issue proposed criteria under this

12 subsection not later than 60 days after the date of

13 the enactment of this Act, and thereafter provide a

14 period of 30 days for submission by the public of

15 comments on the proposed criteria.

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

17 after the date of issuance of proposed criteria, the

18 Commission shall—

19 (A) consider comments on the proposed

20 criteria received under paragraph (2);

21 (B) adopt and incorporate in final criteria

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

24 the Commission in carrying out its duties under

25 this section; and
40

•S 169 IS

1 (C) issue final criteria under this sub2 section.

3 (c) PRELIMINARY REPORT.—

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

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

6 Commission shall—

7 (A) prepare and publish a preliminary re8 port on its activities under this subtitle, includ9 ing preliminary recommendations pursuant to

10 subsection (a);

11 (B) publish in the Federal Register a no12 tice of availability of the preliminary report;

13 and

14 (C) provide copies of the preliminary re15 port to the public upon request.

16 (2) PUBLIC HEARINGS.—The Commission shall

17 hold public hearings on the preliminary rec18 ommendations contained in the preliminary report of

19 the Commission under this subsection.

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

21 the date of the publication of the preliminary report under

22 subsection (c), the Commission shall submit to the Con23 gress, including the Committee on Government Reform

24 and Oversight of the House of Representatives and the

25 Committee on Governmental Affairs of the Senate, and
41

•S 169 IS

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

2 and recommendations of the Commission under this sec3 tion.

4 SEC. 303. MEMBERSHIP.

5 (a) NUMBER AND APPOINTMENT.—

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

7 composed of 9 members appointed from individuals

8 who possess extensive leadership experience in and

9 knowledge of States, local, and tribal governments

10 and intergovernmental relations, including State and

11 local elected officials, as follows:

12 (A) 3 members appointed by the Speaker

13 of the House of Representatives, in consultation

14 with the minority leader of the House of Rep15 resentatives.

16 (B) 3 members appointed by the majority

17 leader of the Senate, in consultation with the

18 minority leader of the Senate.

19 (C) 3 members appointed by the President.

20 (2) LIMITATION.—An individual who is a Mem21 ber or employee of the Congress may not be ap22 pointed or serve as a member of the Commission.

23 (b) WAIVER OF LIMITATION ON EXECUTIVE SCHED24 ULE POSITIONS.—Appointments may be made under this
42

•S 169 IS

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

2 States Code.

3 (c) TERMS.—

4 (1) IN GENERAL.—Each member of the Com5 mission shall be appointed for the life of the Com6 mission.

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

8 shall be filled in the manner in which the original

9 appointment was made.

10 (d) BASIC PAY.—

11 (1) RATES OF PAY.—Members of the Commis12 sion shall serve without pay.

13 (2) PROHIBITION OF COMPENSATION OF FED14 ERAL EMPLOYEES.—Members of the Commission

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

16 States may not receive additional pay, allowances, or

17 benefits by reason of their service on the Commis18 sion.

19 (e) TRAVEL EXPENSES.—Each member of the Com20 mission shall receive travel expenses, including per diem

21 in lieu of subsistence, in accordance with sections 5702

22 and 5703 of title 5, United States Code.

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

24 member of the Commission as Chairperson at the time of

25 the appointment of that member.
43

•S 169 IS

1 (g) MEETINGS.—

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

3 the Commission shall meet at the call of the Chair4 person or a majority of its members.

5 (2) FIRST MEETING.—The Commission shall

6 convene its first meeting by not later than 45 days

7 after the date of the completion of appointment of

8 the members of the Commission.

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

10 Commission shall constitute a quorum but a lesser

11 number may hold hearings.

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

13 AND CONSULTANTS.

14 (a) DIRECTOR.—The Commission shall, without re15 gard to section 5311(b) of title 5, United States Code,

16 have a Director who shall be appointed by the Commis17 sion. The Director shall be paid at the rate of basic pay

18 payable for level IV of the Executive Schedule.

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

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

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

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

23 carry out its duties.

24 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

25 LAWS.—The Director and staff of the Commission may
44

•S 169 IS

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

2 United States Code, governing appointments in the com3 petitive service, and may be paid without regard to the

4 provisions of chapter 51 and subchapter III of chapter 53

5 of that title relating to classification and General Schedule

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

7 receive pay in excess of the annual rate payable under

8 section 5376 of title 5, United States Code.

9 (d) EXPERTS AND CONSULTANTS.—The Commission

10 may procure temporary and intermittent services of ex11 perts or consultants under section 3109(b) of title 5,

12 United States Code.

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

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

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

16 personnel of that department or agency to the Commission

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

18 SEC. 305. POWERS OF COMMISSION.

19 (a) HEARINGS AND SESSIONS.—The Commission

20 may, for the purpose of carrying out this title, hold hear21 ings, sit and act at times and places, take testimony, and

22 receive evidence as the Commission considers appropriate.

23 (b) POWERS OF MEMBERS AND AGENTS.—Any mem24 ber or agent of the Commission may, if authorized by the
45

•S 169 IS

1 Commission, take any action which the Commission is

2 authorized to take by this section.

3 (c) OBTAINING OFFICIAL DATA.—The Commission

4 may secure directly from any department or agency of the

5 United States information necessary to enable it to carry

6 out this title, except information—

7 (1) which is specifically exempted from disclo8 sure by law; or

9 (2) which that department or agency deter10 mines will disclose—

11 (A) matters necessary to be kept secret in

12 the interests of national defense or the con13 fidential conduct of the foreign relations of the

14 United States;

15 (B) information relating to trade secrets or

16 financial or commercial information pertaining

17 specifically to a given person if the information

18 has been obtained by the Government on a con19 fidential basis, other than through an applica20 tion by such person for a specific financial or

21 other benefit, and is required to be kept secret

22 in order to prevent undue injury to the competi23 tive position of such person; or

24 (C) personnel or medical data or similar

25 data the disclosure of which would constitute a
46

•S 169 IS

1 clearly unwarranted invasion of personal pri2 vacy;

3 unless the portions containing such matters, infor4 mation, or data have been excised.

5 Upon request of the Chairperson of the Commission, the

6 head of that department or agency shall furnish that infor7 mation to the Commission.

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

9 States mails in the same manner and under the same con10 ditions as other departments and agencies of the United

11 States.

12 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon

13 the request of the Commission, the Administrator of Gen14 eral Services shall provide to the Commission, on a reim15 bursable basis, the administrative support services nec16 essary for the Commission to carry out its duties under

17 this title.

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

19 subject to appropriations, contract with and compensate

20 government and private agencies or persons for property

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

22 SEC. 306. TERMINATION.

23 The Commission shall terminate 90 days after sub24 mitting its final report pursuant to section 302(d).
47

•S 169 IS

1 SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated to the Com3 mission $1,000,000 to carry out this title.

4 SEC. 308. DEFINITION.

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

6 mandate’’ means—

7 (1) any provision in statute or regulation that

8 imposes an enforceable duty upon States, local gov9 ernments, or tribal governments including a condi10 tion of Federal assistance or a duty arising from

11 participation in a voluntary Federal program;

12 (2) relates to a Federal program under which

13 Federal financial assistance is provided to States,

14 local governments, or tribal governments under enti15 tlement authority; or

16 (3) that imposes any other unfunded obligation

17 on States, local governments, or tribal governments.

18 SEC. 309. EFFECTIVE DATE.

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

20 the enactment of this Act.

21 TITLE IV—JUDICIAL REVIEW

22 SEC. 401. JUDICIAL REVIEW.

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

24 under this Act, and any compliance or noncompliance with

25 the provisions of this Act, and any determination concern-
48

•S 169 IS

1 ing the applicability of the provisions of this Act shall not

2 be subject to judicial review.

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

4 Act or amendment made by this Act shall be construed

5 to create any right or benefit, substantive or procedural,

6 enforceable by any person in any administrative or judicial

7 action. No ruling or determination made under the provi8 sions of this Act or amendments made by this Act shall

9 be considered by any court in determining the intent of

10 Congress or for any other purpose.

Æ

S 169 IS——2

S 169 IS——3

S 169 IS——4