son, and the names of those members present but not vot-
ing, shall be included in the committee report.’’.
(c) SEVEN-DAY LAYOVER.—Clause 2(l)(6) of rule XI
of the Rules of the House of Representatives is amended—
(1) by striking ‘‘(6) A’’ and by inserting insert-
ing ‘‘(6)(A) Except as provided by subdivision (B),’’
(2) in its third sentence, by striking ‘‘(A)’’ and
inserting ‘‘(i)’’ and by striking ‘‘(B)’’ and inserting
‘‘(ii)’’; and
(3) by adding at the end the following:
‘‘(B) A measure or matter reported by any committee
that contains any Federal mandate (as defined in section
3(1) of the Federal Mandate and Accountability Act of
1994) that does not meet the requirements of sections
103(a)(1) and (2) of that Act shall not be considered in
the House until the seventh calendar day, excluding Satur-
days, Sundays, and legal holidays, on which the report of
that committee upon the measure or matter has been
available to the Members of the House.’’.
(d) COMMITTEE ON RULES REPORTS ON WAIVED
POINTS OF ORDER.—Clause 1 of rule XI of the Rules of
the House of Representatives is amended by adding at the
end the following:
‘‘(e) By January 2 of each odd-numbered year, the
Committee on Rules shall submit to the House a report
identifying all waivers of points of order relating to Fed-
eral mandates (as defined in section 3(1) of the Federal
Mandate Accountability and Reform Act of 1994), includ-
ing an explanation setting forth the following information
respecting each such waiver:
‘‘(1) The bill or joint resolution for which the
waiver was granted.
‘‘(2) The justification made by the committee
requesting the waiver of the need for the waiver.
‘‘(3) An explanation of why the Committee on
Rules granted the waiver.
‘‘(4) The economic impact of that bill or joint
resolution on State, local, and tribal governments.’’.
SEC. 105. EXERCISE OF RULEMAKING POWERS.
The provisions of sections 101, 102, 103, and 104
are enacted by Congress—
(1) as an exercise of the rulemaking powers of
the House of Representatives and the Senate, and as
such they shall be considered as part of the rules of
the House of Representatives and the Senate, re-
spectively, and such rules shall supersede other rules
only to the extent that they are inconsistent there-
with; and
(2) with full recognition of the constitutional
right of the House of Representatives and the Sen-
ate to change such rules at any time, in the same
manner, and to the same extent as in the case of
any other rule of the House of Representatives or
the Senate, respectively.
SEC. 106. EFFECTIVE DATE.
This title shall apply to bills and joint resolutions re-
ported by a committee on or after October 1, 1995.
TITLE II—REGULATORY
ACCOUNTABILITY AND REFORM
SEC. 201. REGULATORY PROCESS.
(a) Each agency shall assess the effects of Federal
regulations on States, local governments, and tribal gov-
ernments, including specifically the availability of re-
sources to carry out any mandates in those regulations,
and seek to minimize those burdens that uniquely or sig-
nificantly affect such governmental entities, consistent
with achieving statutory and regulatory objectives.
(b) Each agency shall develop an effective process to
permit elected officials (including their designated rep-
resentatives) and other representatives of States, local
governments, and tribal governments to provide meaning-
ful and timely input in the development of regulatory pro-
posals containing significant Federal mandates. Such a
process shall be consistent with all applicable laws.
(c)(1) Before establishing any regulatory require-
ments that might significantly or uniquely affect small
governments, agencies shall have developed a plan under
which the agency shall—
(A) provide notice of the contemplated require-
ments to any potentially affected small governments,
(B) seek the views of, and consult with, officials
of affected small governments pursuant to sub-
section (b), and
(C) inform, educate, and advise small govern-
ments on compliance with the requirements.
(2) There are hereby authorized to be appropriated
to each agency to carry out the provisions of this section,
and for no other purpose, such sums as are necessary.
SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFICANT REG-
ULATORY ACTIONS.
(a) IN GENERAL.—Before promulgating any final
rule that includes any Federal mandates upon States, local
governments, or tribal governments that may result in the
expenditures by States, local governments, or tribal gov-
ernments, in the aggregate, of $100,000,000 or more (an-
nually adjusted by the Consumer Price Index) in any one
year, and before promulgating any general notice of pro-
posed rulemaking that is likely to result in promulgation
of any such rule, the agency shall prepare a written state-
ment containing—
(1) estimates by the agency, including the un-
derlying analysis, of the anticipated costs to States,
local governments, and tribal governments of com-
plying with the mandate, and of the extent to which
such costs may be paid with funds provided by the
Federal Government or otherwise paid through Fed-
eral financial assistance;
(2) estimates by the agency, if and to the ex-
tent that the agency determines that such estimates
are reasonably feasible, of—
(A) the costs of mandates in the regulation
that will be borne in various future time peri-
ods; and
(B) any disproportionate budgetary effects
of the mandates upon any particular regions of
the country or particular States, local govern-
ments, tribal governments, or rural or other
types of communities;
(3) a qualitative, and if possible, a quantative
assessment of costs and benefits anticipated from
the Federal mandate (such as, but not limited to,
the enhancement of health and safety and the pro-
tection of the natural environment); and
(4)(A) a description of the extent of the agen-
cy’s prior consultation with elected representatives
(including their designated representatives) of the
affected States, local governments, and tribal gov-
ernments and of other affected parties, (B) a sum-
mary of the comments and concerns that were pre-
sented by States, local governments, or tribal gov-
ernments either orally or in writing to the agency,
(C) a summary of the agency’s evaluation of those
comments and concerns, and (D) the agency’s posi-
tion supporting the need to issue the regulation con-
taining the mandate (considering, among other
things, the extent to which costs may or may not be
paid with funds provided by the Federal Govern-
ment).
(b) PROMULGATION.—In promulgating a general no-
tice of proposed rulemaking or a final rule for which a
statement under subsection (a) is required, the agency
shall include in the promulgation a summary of the infor-
mation contained in the statement.
(c) PREPARATION IN CONJUNCTION WITH OTHER
STATEMENT.—Any agency may prepare any statement re-
quired by subsection (a) in conjunction with or as a part
of any other statement or analysis, provided that the state-
ment or analysis satisfies the provisions of subsection (a).
SEC. 203. ASSISTANCE TO THE CONGRESSIONAL BUDGET
OFFICE.
(a) The Director of the Office of Management and
Budget shall collect from agencies the statements pre-
pared under section 202 and provide copies of them to
the Director of the Congressional Budget Office promptly
after promulgation of the general notice of proposed rule-
making or of the final rule for which the statement was
prepared.
(b) Each agency shall provide to the Director of the
Congressional Budget Office such information and assist-
ance as he may reasonably request to assist him in per-
forming his responsibilities under this Act.
SEC. 204. PILOT PROGRAM ON SMALL GOVERNMENT FLEXI-
BILITY.
(a) The Director of the Office of Management and
Budget, in consultation with Federal agencies, shall estab-
lish pilot programs in at least 2 agencies to test innova-
tive, and more flexible regulatory approaches that—
(1) reduce reporting and compliance burdens on
small governments; and
(2) meet overall statutory goals and objectives.
(b) The pilot program shall focus on rules in effect
or proposed rules, or a combination thereof.
TITLE III—JUDICIAL REVIEW
SEC. 301. JUDICIAL REVIEW.
Any statement or report prepared under this Act, any
compliance or noncompliance with the provisions of this
Act, and any determination concerning the applicability of
the provisions of this act shall not be subject to judicial
review. The provisions of this Act shall not create any
right or benefit, substantive or procedural, enforceable by
any person in any administrative or judicial action. No
ruling or determination under this act shall be considered
by any court in determining the intent of Congress or for
any other purpose.
TITLE IV—BASELINE STUDY
SEC. 401. BASELINE STUDY OF COSTS AND BENEFITS.
(a) No later than 6 months after the date of enact-
ment of this Act, the Director of the Bureau of the Cen-
sus, in consultation with the Director, shall begin a study
to examine the measurement and definition issues involved
in calculating the total costs and benefits to States, local
governments, and tribal governments of compliance with
Federal law. The study shall consider the feasibility of
measuring indirect costs and benefits as well as direct
costs and benefits of the Federal, State, local, and tribal
relationship. The study shall consider how to measure both
the direct and indirect benefits of Federal financial assist-
ance and tax benefits to States, local governments, and
tribal governments.
(b) There are authorized to be appropriated to the
Bureau of the Census to carry out the purposes of this
title, $1,000,000 for fiscal year 1995 and $1,000,000 for
fiscal year 1996.
TITLE V—LIMITATION ON IM-
PLEMENTATION OF FEDERAL
MANDATES; 
REVIEW 
AND
MONITORING OF UNFUNDED
FEDERAL MANDATES AND IM-
PLEMENTATION OF ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Federal Mandate and
Community Assistance Reform Act’’.
SEC. 502. REPORT ON UNFUNDED FEDERAL MANDATES BY
ADVISORY COMMISSION ON INTERGOVERN-
MENTAL RELATIONS.
(a) IN GENERAL.—The Advisory Commission on
Intergovernmental Relations shall in accordance with this
section—
(1) investigate and review on a regular basis
the role of unfunded Federal mandates in intergov-
ernmental relations and their impact on local, State,
and Federal government objectives and responsibil-
ities; and
(2) study and make recommendations to the
President and the Congress regarding—
(A) a process by which State and local gov-
ernments can participate in meeting national
domestic objectives without the burden created
by unfunded Federal mandates, including rec-
ommendations for funding the Federal man-
dates imposed after the date of the enactment
of this Act on State and local governments;
(B) allowing flexibility for State and local
governments in complying with specific un-
funded Federal mandates for which terms of
compliance are unnecessarily rigid or complex;
(C) reconciling any 2 or more unfunded
Federal mandates which impose contradictory
or inconsistent requirements;
(D) terminating unfunded Federal man-
dates which are duplicative, obsolete, or lacking
in practical utility;
(E) suspending, on a temporary basis, un-
funded Federal mandates which are not vital to
public health and safety and which compound
the fiscal difficulties of State and local govern-
ments, including recommendations for trigger-
ing such suspension;
(F) consolidating or simplifying unfunded
Federal mandates, or the planning or reporting
requirements of such mandates, in order to re-
duce duplication and facilitate compliance by
State and local governments with those man-
dates; and
(G) establishing common Federal defini-
tions or standards to be used by State and local
governments in complying with unfunded Fed-
eral mandates that use different definitions or
standards for the same terms or principles.
Each recommendation under paragraph (2) shall, to the
extent practicable, identify the specific unfunded Federal
mandate to which the recommendation applies.
(b) CRITERIA.—
(1) IN
GENERAL.—The Advisory Commission
shall establish criteria for making recommendations
under subsection (a).
(2) ISSUANCE
OF
PROPOSED
CRITERIA.—The
Advisory Commission shall issue proposed criteria
under this subsection not later than 45 days after
the date of the enactment of this Act, and thereafter
provide a period of 30 days for submission by the
public of comments on the proposed criteria.
(3) FINAL CRITERIA.—Not later than 45 days
after the date of issuance of proposed criteria, the
Advisory Commission shall—
(A) consider comments on the proposed
criteria received under paragraph (2);
(B) adopt and incorporate in final criteria
any recommendations submitted in those com-
ments that the Advisory Commission deter-
mines will aid the Advisory Commission in car-
rying out its duties under this section; and
(C) issue final criteria under this sub-
section.
(c) PRELIMINARY REPORT.—
(1) IN
GENERAL.—Not later than 9 months
after the date of the enactment of this Act, the Ad-
visory Commission shall—
(A) prepare and publish a preliminary re-
port on its activities under this title, including
preliminary recommendations pursuant to sub-
section (a);
(B) publish in the Federal Register a no-
tice of availability of the preliminary report;
and
(C) provide copies of the preliminary re-
port to the public upon request.
(2) PUBLIC HEARINGS.—The Advisory Commis-
sion shall hold public hearings on the preliminary
recommendations contained in the preliminary re-
port of the Advisory Commission under this sub-
section.
(d) FINAL REPORT.—Not later than 3 months after
the date of the publication of the preliminary report under
subsection (c), the Advisory Commission shall submit to
the Congress, including the ranking minority party mem-
ber of each of the Committee on Government Operations
of the House of Representatives and the Committee on
Governmental Affairs of the Senate, and the President a
final report on the findings, conclusions, and recommenda-
tions of the Advisory Commission under this section.
SEC. 503. MONITORING IMPLEMENTATION OF ACT.
(a) IN GENERAL.—The Advisory Commission shall
monitor and evaluate the implementation of this Act, in-
cluding by conducting such hearings, and consulting with
such Federal, State, local, and tribal governments, as the
Advisory Commission considers appropriate for obtaining
information and views about the purpose, implementation,
and results of this Act.
(b) BIENNIAL REPORT.—The Advisory Commission
shall submit a report to the President and the Congress
every 2 years which—
(1) presents the findings of the Advisory Com-
mission under subsection (a); and
(2) presents recommendations for improving the
implementation of this Act, including regarding any
need for amending this Act.
SEC. 504. SPECIAL AUTHORITIES OF ADVISORY COMMIS-
SION.
(a) EXPERTS AND CONSULTANTS.—For purposes of
carrying out this title, the Advisory Commission may pro-
cure temporary and intermittent services of experts or
consultants under section 3109(b) of title 5, United States
Code.
(b) DETAIL OF STAFF OF FEDERAL AGENCIES.—
Upon request of the Executive Director of the Advisory
Commission, the head of any Federal department or agen-
cy may detail, on a reimbursable basis, any of the person-
nel of that department or agency to the Advisory Commis-
sion to assist it in carrying out this title.
(c) CONTRACT AUTHORITY.—The Advisory Commis-
sion may, subject to appropriations, contract with and
compensate government and private agencies or persons
for property and services used to carry out its duties under
this title.
SEC. 505. DEFINITIONS.
In this title:
(1) ADVISORY COMMISSION.—The term ‘‘Advi-
sory Commission’’ means the Advisory Commission
on Intergovernmental Relations.
(2) FEDERAL MANDATE.—The term ‘‘Federal
mandate’’—
(A) subject to subparagraph (B), means a
requirement under Federal statute or regulation
that a State or local government, or both, un-
dertake an activity or provide a service; and
(B) does not include any Federal statute
or regulation that—
(i) enforces the constitutional rights
of individuals, or
(ii) establishes or enforces any statu-
tory prohibition against discrimination on
the basis of race, religion, gender, national
origin, age, or handicapped or disability
status.
(3) 
UNFUNDED
FEDERAL
MANDATE.—The
term ‘‘unfunded Federal mandate’’ means—
(A) a Federal mandate other than one that
relates to a program described in subparagraph
(B)(i), and—
(i) which requires that a State or local
government, or both, undertake an activity
or provide a service; and
(ii) for which the Federal Government
does not provide sufficient funds to under-
take such activity or provide such service;
or
(B) a Federal mandate—
(i) that relates to a Federal program
under which $500,000,000 or more is pro-
vided annually to State and local govern-
ments under entitlement authority (as de-
fined in section 622(9) of title 2, United
States Code),
(ii) which requires that a State or
local government, or both, undertake an
activity or provide a service; and
(iii)(I) with respect to which the fail-
ure to undertake such activity or provide
such service would result in a reduction of
Federal financial or technical assistance to
the State or local government; or
(II) would impose costs on a State or
local government that exceed the amount
of Federal financial assistance provided to
the State or local government under the
program.
SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Advi-
sory Commission—
(1) to carry out section 502, $500,000; and
(2) to carry out section 503, $200,000 for each
of fiscal years 1995, 1996, 1997, 1998, and 1999.
TITLE VI—PRIVATE SECTOR
COSTS
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Private Sector Legis-
lative Analysis Act of 1994’’.
SEC. 602. DEFINITIONS.
In this title—
(1) the term ‘‘private sector’’ means individuals,
business, labor and employment, agriculture, and
nonprofit organizations; and
(2) the term ‘‘economic impact’’ means the eco-
nomic cost or benefit to the private sector and to the
general public.
SEC. 603. ACTION BY THE MAJORITY AND MINORITY LEAD-
ERS.
(a) At the beginning of each Congress, the majority
leader of the Senate, in cooperation of the minority leader
of the Senate, and the Speaker of the House of Represent-
atives, in cooperation with the minority leader of the
House of Representatives, shall each prepare a list of
major legislative proposals (including those that could be
submitted by an agency or official in the executive branch)
that the majority leader or Speaker, respectively, be-
lieves—
(1) are likely to have a significant economic im-
pact; and
(2) are likely to be considered in that House in
that Congress.
(b) In preparing the list required by subsection (a),
the majority leader of the Senate, the Speaker of the
House of Representatives, and the minority leader of each
of the Senate and House shall consult with the chairmen
and ranking minority party Members of the committees
of that House that are expected to have jurisdiction over
legislative proposals included in the list, and with the Di-
rector. The majority leader of the Senate, the Speaker,
and the minority leaders shall also consider the availability
of resources for the Congressional Budget Office in deter-
mining how many legislative proposals should be included
in the list.
(c) The majority leader of the Senate, the Speaker
of the House of Representatives, and the minority leaders
of the Senate and House may also include in the list re-
quired by subsection (a) any legislative topics or areas of
interest that meet the criteria set forth in subsection
(a)(1) and (2), but for which no specific legislative propos-
als have been drafted.
(d) No later than the end of the 30-day period begin-
ning on the first day of each Congress, the majority leader
of the Senate and the Speaker of the House of Represent-
atives shall each submit to the Director a list prepared
in accordance with subsection (a). Before the adjournment
sine die of the 1st session of each Congress, the majority
leader and minority leader of the Senate and the Speaker
and minority leader of the House of Representatives shall
review the list prepared under subsection (a) for that Con-
gress and decide whether to add proposals to, or delete
proposals from, that list, or modify proposals in that list.
SEC. 604. DUTIES OF THE DIRECTOR.
(a) Upon receiving a list submitted under section
603(d), the Director shall initiate a study of each of the
major legislative proposals, legislative topics, and areas of
interest in the list for the purposes of studying and esti-
mating its economic impact. The objectives of each study
shall be to determine an estimate, or range of estimates,
of the economic impact of the proposal, topic, or area, in-
cluding—
(1) labor market and employment impacts;
(2) costs and benefits to the private sector and
the general public; and
(3) in consultation with relevant Federal agen-
cies, a qualitative, and if possible, a quantitative as-
sessment of costs and benefits to human health,
safety, and the natural environment.
(b) As part of each study under subsection (a), the
Director shall also evaluate and compare congressional
committee and Federal agency estimates of the impact of
a legislative proposal, topic, or area.
(c) If the Director determines that he or she cannot
determine a reliable estimate, or range of estimates, under
subsection (a), the Director shall so state, with expla-
nation, and shall include in the study the preliminary anal-
ysis upon which the Director based that determination.
(d) The Director shall seek to coordinate completion
of studies under this section with expected congressional
committee action on related legislation.
SEC. 605. POINT OF ORDER.
It shall not be in order in the House of Representa-
tives or the Senate to consider any bill or joint resolution
that is included on the list required by section 603 of this
Act for that Congress if that bill or joint resolution is re-
ported by any committee of authorization unless that com-
mittee or the Director has published a study by the Direc-
tor required by section 604, or if such study has not been
completed, an explanatory statement setting forth reasons
why such study has not yet been completed.
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