mandates that may be included in the proposed leg-
islation.
(2) In conducting the study under paragraph
(1), the Director shall—
(A) solicit and consider information or
comments from elected officials (including their
designated representatives) of States, local gov-
ernments, tribal governments, and such other
persons as may provide helpful information or
comments,
(B) consider establishing advisory panels
of elected officials (including their designated
representatives) of States, local governments,
tribal governments, and other persons if the Di-
rector determines, in his discretion, that such
advisory panels would be helpful in performing
the Director’s responsibilities under this sec-
tion, and
(C) consult with the relevant committees of
the House of Representatives and of the Sen-
ate.
(b) CONSULTATION.—The Director shall, at the re-
quest of any committee of the House of Representatives
or of the Senate, consult with and assist such committee
in analyzing the budgetary impact of any proposed legisla-
tion that may have a significant budgetary impact on
State, local, or tribal governments.
(c) STATEMENTS
ON NONAPPROPRIATIONS BILLS
AND JOINT RESOLUTIONS.—
(1) REPORTED
BILLS
AND
JOINT
RESOLU-
TIONS.—For each bill or joint resolution of a public
character reported by any committee of authoriza-
tion of the House of Representatives or of the Sen-
ate, the Director shall prepare and submit to the
committee a statement as follows:
(A) DIRECT COSTS BELOW THRESHOLD.—
If the Director estimates that the direct costs
of all Federal mandates in the bill or joint reso-
lution will not equal or exceed $50,000,000 (ad-
justed annually for inflation by the Consumer
Price Index) in the fiscal year in which it (as
well as any necessary implementing regulation)
is to be effective or in any of the 4 fiscal years
following such fiscal year, the Director shall so
state and shall briefly explain the basis of the
estimate.
(B) DIRECT COSTS ABOVE THRESHOLD.—
If the Director estimates that the direct costs
of all Federal mandates in the bill or joint reso-
lution will equal or exceed $50,000,000 (ad-
justed annually for inflation by the Consumer
Price Index) in the fiscal year in which it (as
well as any necessary implementing regulation)
is to be effective or in any of the 4 fiscal years
following such fiscal year, the Director shall so
state and shall briefly explain the basis of the
estimate, and—
(i) shall include estimates (and shall
briefly explain the basis of the estimates)
of—
(I) the total amount of direct
costs of complying with the Federal
mandates in the bill or joint resolu-
tion; and
(II) the amount, if any, of in-
crease in authorization of appropria-
tions under existing Federal financial
assistance programs, or of authoriza-
tion of appropriations for new Federal
financial assistance, provided by the
bill or joint resolution and usable by
States, local governments, or tribal
governments for activities subject to
the Federal mandates;
(ii) shall also include estimates, if and
to the extent that the Director determines
that such estimates are reasonably feasible,
of—
(I) future costs of Federal man-
dates to the extent that they signifi-
cantly differ from or extend beyond
the time period of the estimate re-
ferred to in the first clause of this
subparagraph (B); and
(II) any disproportionate budg-
etary effects of Federal mandates and
of any Federal financial assistance in
the bill or joint resolution upon any
particular regions of the country or
particular States, local governments,
tribal governments, or urban or rural
or other types of communities; and
(iii) shall also state any amounts ap-
propriated in the prior fiscal year to fund
the activities subject to the Federal man-
date.
(2) AMENDED BILLS AND JOINT RESOLUTIONS;
CONFERENCE REPORTS.—If the Director has pre-
pared a statement that includes the determination
described in paragraph (1)(B) for a bill or joint res-
olution, and if that bill or joint resolution is passed
in an amended form (including if passed by one
House as an amendment in the nature of a sub-
stitute for the language of a bill or joint resolution
from the other House) or is reported by a committee
of conference in an amended form, the committee of
conference shall ensure, to the greatest extent prac-
ticable, that the Director shall prepare a supple-
mental statement for the bill or joint resolution. The
requirements of section 103 shall not apply to the
publication of any supplemental statement prepared
under this subsection.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Congressional
Budget Office to carry out the provisions of this Act, and
for no other purpose, $2,300,000 for each of the fiscal
years 1995, 1996, 1997, 1998, and 1999.
(e) TECHNICAL AMENDMENT.—The State and Local
Cost Estimate Act of 1981, Public Law 97–108, is hereby
repealed.
SEC. 103. POINT OF ORDER.
(a) IN GENERAL IN THE HOUSE OF REPRESENTA-
TIVES OR SENATE.—It shall not be in order in the House
of Representatives or Senate to consider any bill or joint
resolution that is reported by any committee of authoriza-
tion unless (based upon a ruling of the presiding Officer
in the case of the Senate)—
(1) a committee has published a statement of
the Director in accordance with section 101(c) prior
to such consideration; and
(2) either—
(A) the direct costs of all Federal man-
dates in the bill or joint resolution are esti-
mated not to equal or exceed $50,000,000 (ad-
justed annually for inflation by the Consumer
Price Index) in the fiscal year in which it (as
well as any necessary implementing regulation)
is to be effective or in any of the 4 fiscal years
following such fiscal year, or
(B)(i) the increase in authorization of ap-
propriations under existing Federal financial
assistance programs, or of authorization of ap-
propriations for new Federal financial assist-
ance, provided by the bill or joint resolution and
usable by States, local governments, or tribal
governments for activities subject to the Fed-
eral mandates is at least equal to the estimated
amount of direct costs of the Federal mandates;
and
(ii) the committee of jurisdiction has iden-
tified in the bill or joint resolution one or more
of the following: a reduction in authorization of
existing appropriations, a reduction in direct
spending, or an increase in receipts (consistent
with the amount identified in clause (i).
(b) 
AMENDMENT
TO
RAISE
AUTHORIZATION
LEVEL.—Notwithstanding the terms of subsection (a), it
shall not be out of order pursuant to this section to con-
sider a bill or joint to which an amendment is proposed
and agreed to that would raise the amount of authoriza-
tion of appropriations to a level sufficient to satisfy the
requirements of subsections (a)(2)(B) and (a)(2)(C), nor
shall it be out of order to consider such an amendment.
SEC. 104. EXERCISE OF RULEMAKING POWERS.
The provisions of sections 101, 102, and 103 are en-
acted 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. 105. 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.
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