UNFUNDED
MANDATES
REFORM
ACT
OF
1995
[[
Page
109
STAT.
48]]

Public
Law
104­
4
104th
Congress
An
Act
To
curb
the
practice
of
imposing
unfunded
Federal
mandates
on
States
and
local
governments;
to
strengthen
the
partnership
between
the
Federal
Government
and
State,
local
and
tribal
governments;
to
end
the
imposition,
in
the
absence
of
full
consideration
by
Congress,
of
Federal
mandates
on
State,
local,
and
tribal
governments
without
adequate
funding,
in
a
manner
that
may
displace
other
essential
governmental
priorities;
and
to
ensure
that
the
Federal
Government
pays
the
costs
incurred
by
those
governments
in
complying
with
certain
requirements
under
Federal
statutes
and
regulations,
and
for
other
purposes.
<<
NOTE:
Mar.
22,
1995
­
[
S.
1]>>

<<
NOTE:
Unfunded
Mandates
Reform
Act
of
1995.>>
Be
it
enacted
by
the
Senate
and
House
of
Representatives
of
the
United
States
of
America
in
Congress
assembled,

SECTION
1.
<<
NOTE:
2
USC
1501
note.>>
SHORT
TITLE.

This
Act
may
be
cited
as
the
  
Unfunded
Mandates
Reform
Act
of
1995''.

SEC.
2.
<<
NOTE:
2
USC
1501.>>
PURPOSES.

The
purposes
of
this
Act
are­­
(
1)
to
strengthen
the
partnership
between
the
Federal
Government
and
State,
local,
and
tribal
governments;
(
2)
to
end
the
imposition,
in
the
absence
of
full
consideration
by
Congress,
of
Federal
mandates
on
State,
local,
and
tribal
governments
without
adequate
Federal
funding,
in
a
manner
that
may
displace
other
essential
State,
local,
and
tribal
governmental
priorities;
(
3)
to
assist
Congress
in
its
consideration
of
proposed
legislation
establishing
or
revising
Federal
programs
containing
Federal
mandates
affecting
State,
local,
and
tribal
governments,
and
the
private
sector
by­­
(
A)
providing
for
the
development
of
information
about
the
nature
and
size
of
mandates
in
proposed
legislation;
and
(
B)
establishing
a
mechanism
to
bring
such
information
to
the
attention
of
the
Senate
and
the
House
of
Representatives
before
the
Senate
and
the
House
of
Representatives
vote
on
proposed
legislation;
(
4)
to
promote
informed
and
deliberate
decisions
by
Congress
on
the
appropriateness
of
Federal
mandates
in
any
particular
instance;
(
5)
to
require
that
Congress
consider
whether
to
provide
funding
to
assist
State,
local,
and
tribal
governments
in
complying
with
Federal
mandates,
to
require
analyses
of
the
impact
of
private
sector
mandates,
and
through
the
dissemination
of
that
information
provide
informed
and
deliberate
decisions
by
Congress
and
Federal
agencies
and
retain
competitive
balance
between
the
public
and
private
sectors;
[[
Page
109
STAT.
49]]
(
6)
to
establish
a
point­
of­
order
vote
on
the
consideration
in
the
Senate
and
House
of
Representatives
of
legislation
containing
significant
Federal
intergovernmental
mandates
without
providing
adequate
funding
to
comply
with
such
mandates;
(
7)
to
assist
Federal
agencies
in
their
consideration
of
proposed
regulations
affecting
State,
local,
and
tribal
governments,
by­­
(
A)
requiring
that
Federal
agencies
develop
a
process
to
enable
the
elected
and
other
officials
of
State,
local,
and
tribal
governments
to
provide
input
when
Federal
agencies
are
developing
regulations;
and
(
B)
requiring
that
Federal
agencies
prepare
and
consider
estimates
of
the
budgetary
impact
of
regulations
containing
Federal
mandates
upon
State,
local,
and
tribal
governments
and
the
private
sector
before
adopting
such
regulations,
and
ensuring
that
small
governments
are
given
special
consideration
in
that
process;
and
(
8)
to
begin
consideration
of
the
effect
of
previously
imposed
Federal
mandates,
including
the
impact
on
State,
local,
and
tribal
governments
of
Federal
court
interpretations
of
Federal
statutes
and
regulations
that
impose
Federal
intergovernmental
mandates.

SEC.
3.
<<
NOTE:
2
USC
1502.>>
DEFINITIONS.

For
purposes
of
this
Act­­
(
1)
except
as
provided
in
section
305
of
this
Act,
the
terms
defined
under
section
421
of
the
Congressional
Budget
and
Impoundment
Control
Act
of
1974
(
as
added
by
section
101
of
this
Act)
shall
have
the
meanings
as
so
defined;
and
(
2)
the
term
  
Director''
means
the
Director
of
the
Congressional
Budget
Office.

SEC.
4.
<<
NOTE:
2
USC
1503.>>
EXCLUSIONS.

This
Act
shall
not
apply
to
any
provision
in
a
bill,
joint
resolution,
amendment,
motion,
or
conference
report
before
Congress
and
any
provision
in
a
proposed
or
final
Federal
regulation
that­­
(
1)
enforces
constitutional
rights
of
individuals;
(
2)
establishes
or
enforces
any
statutory
rights
that
prohibit
discrimination
on
the
basis
of
race,
color,
religion,
sex,
national
origin,
age,
handicap,
or
disability;
(
3)
requires
compliance
with
accounting
and
auditing
procedures
with
respect
to
grants
or
other
money
or
property
provided
by
the
Federal
Government;
(
4)
provides
for
emergency
assistance
or
relief
at
the
request
of
any
State,
local,
or
tribal
government
or
any
official
of
a
State,
local,
or
tribal
government;
(
5)
is
necessary
for
the
national
security
or
the
ratification
or
implementation
of
international
treaty
obligations;
(
6)
the
President
designates
as
emergency
legislation
and
that
the
Congress
so
designates
in
statute;
or
(
7)
relates
to
the
old­
age,
survivors,
and
disability
insurance
program
under
title
II
of
the
Social
Security
Act
(
including
taxes
imposed
by
sections
3101(
a)
and
3111(
a)
of
the
Internal
Revenue
Code
of
1986
(
relating
to
old­
age,
survivors,
and
disability
insurance)).
[[
Page
109
STAT.
50]]

SEC.
5.
<<
NOTE:
2
USC
1504.>>
AGENCY
ASSISTANCE.

Each
agency
shall
provide
to
the
Director
such
information
and
assistance
as
the
Director
may
reasonably
request
to
assist
the
Director
in
carrying
out
this
Act.

TITLE
I­­
LEGISLATIVE
ACCOUNTABILITY
AND
REFORM
SEC.
101.
LEGISLATIVE
MANDATE
ACCOUNTABILITY
AND
REFORM.

(
a)
In
General.­­
Title
IV
of
the
Congressional
Budget
and
Impoundment
Control
Act
of
1974
is
amended
by­­
(
1)
inserting
before
section
401
the
following:

  
Part
A­­
General
Provisions'';
and
(
2)
adding
at
the
end
thereof
the
following
new
part:

  
Part
B­­
Federal
Mandates
  
SEC.
421.
<<
NOTE:
2
USC
658.>>
DEFINITIONS.

  
For
purposes
of
this
part:
  (
1)
Agency.­­
The
term
 
agency'
has
the
same
meaning
as
defined
in
section
551(
1)
of
title
5,
United
States
Code,
but
does
not
include
independent
regulatory
agencies.
  (
2)
Amount.­­
The
term
 
amount',
with
respect
to
an
authorization
of
appropriations
for
Federal
financial
assistance,
means
the
amount
of
budget
authority
for
any
Federal
grant
assistance
program
or
any
Federal
program
providing
loan
guarantees
or
direct
loans.
  (
3)
Direct
costs.­­
The
term
 
direct
costs'­­
  (
A)(
i)
in
the
case
of
a
Federal
intergovernmental
mandate,
means
the
aggregate
estimated
amounts
that
all
State,
local,
and
tribal
governments
would
be
required
to
spend
or
would
be
prohibited
from
raising
in
revenues
in
order
to
comply
with
the
Federal
intergovernmental
mandate;
or
  (
ii)
in
the
case
of
a
provision
referred
to
in
paragraph
(
5)(
A)(
ii),
means
the
amount
of
Federal
financial
assistance
eliminated
or
reduced;
  (
B)
in
the
case
of
a
Federal
private
sector
mandate,
means
the
aggregate
estimated
amounts
that
the
private
sector
will
be
required
to
spend
in
order
to
comply
with
the
Federal
private
sector
mandate;
  (
C)
shall
be
determined
on
the
assumption
that­­
  (
i)
State,
local,
and
tribal
governments,
and
the
private
sector
will
take
all
reasonable
steps
necessary
to
mitigate
the
costs
resulting
from
the
Federal
mandate,
and
will
comply
with
applicable
standards
of
practice
and
conduct
established
by
recognized
professional
or
trade
associations;
and
  (
ii)
reasonable
steps
to
mitigate
the
costs
shall
not
include
increases
in
State,
local,
or
tribal
taxes
or
fees;
and
  (
D)
shall
not
include­­
  (
i)
estimated
amounts
that
the
State,
local,
and
tribal
governments
(
in
the
case
of
a
Federal
intergov
[[
Page
109
STAT.
51]]
ernmental
mandate)
or
the
private
sector
(
in
the
case
of
a
Federal
private
sector
mandate)
would
spend­­
  (
I)
to
comply
with
or
carry
out
all
applicable
Federal,
State,
local,
and
tribal
laws
and
regulations
in
effect
at
the
time
of
the
adoption
of
the
Federal
mandate
for
the
same
activity
as
is
affected
by
that
Federal
mandate;
or
  (
II)
to
comply
with
or
carry
out
State,
local,
and
tribal
governmental
programs,
or
private­
sector
business
or
other
activities
in
effect
at
the
time
of
the
adoption
of
the
Federal
mandate
for
the
same
activity
as
is
affected
by
that
mandate;
or
  (
ii)
expenditures
to
the
extent
that
such
expenditures
will
be
offset
by
any
direct
savings
to
the
State,
local,
and
tribal
governments,
or
by
the
private
sector,
as
a
result
of­­
  (
I)
compliance
with
the
Federal
mandate;
or
  (
II)
other
changes
in
Federal
law
or
regulation
that
are
enacted
or
adopted
in
the
same
bill
or
joint
resolution
or
proposed
or
final
Federal
regulation
and
that
govern
the
same
activity
as
is
affected
by
the
Federal
mandate.
  (
4)
Direct
savings.­­
The
term
 
direct
savings',
when
used
with
respect
to
the
result
of
compliance
with
the
Federal
mandate­­
  (
A)
in
the
case
of
a
Federal
intergovernmental
mandate,
means
the
aggregate
estimated
reduction
in
costs
to
any
State,
local,
or
tribal
government
as
a
result
of
compliance
with
the
Federal
intergovernmental
mandate;
and
  (
B)
in
the
case
of
a
Federal
private
sector
mandate,
means
the
aggregate
estimated
reduction
in
costs
to
the
private
sector
as
a
result
of
compliance
with
the
Federal
private
sector
mandate.
  (
5)
Federal
intergovernmental
mandate.­­
The
term
 
Federal
intergovernmental
mandate'
means­­
  (
A)
any
provision
in
legislation,
statute,
or
regulation
that­­
  (
i)
would
impose
an
enforceable
duty
upon
State,
local,
or
tribal
governments,
except­­
  (
I)
a
condition
of
Federal
assistance;
or
  (
II)
a
duty
arising
from
participation
in
a
voluntary
Federal
program,
except
as
provided
in
subparagraph
(
B));
or
  (
ii)
would
reduce
or
eliminate
the
amount
of
authorization
of
appropriations
for­­
  (
I)
Federal
financial
assistance
that
would
be
provided
to
State,
local,
or
tribal
governments
for
the
purpose
of
complying
with
any
such
previously
imposed
duty
unless
such
duty
is
reduced
or
eliminated
by
a
corresponding
amount;
or
  (
II)
the
control
of
borders
by
the
Federal
Government;
or
reimbursement
to
State,
local,
or
tribal
governments
for
the
net
cost
associated
with
illegal,
deportable,
and
excludable
aliens,
including
court­
mandated
expenses
related
to
emergency
[[
Page
109
STAT.
52]]
health
care,
education
or
criminal
justice;
when
such
a
reduction
or
elimination
would
result
in
increased
net
costs
to
State,
local,
or
tribal
governments
in
providing
education
or
emergency
health
care
to,
or
incarceration
of,
illegal
aliens;
except
that
this
subclause
shall
not
be
in
effect
with
respect
to
a
State,
local,
or
tribal
government,
to
the
extent
that
such
government
has
not
fully
cooperated
in
the
efforts
of
the
Federal
Government
to
locate,
apprehend,
and
deport
illegal
aliens;
  (
B)
any
provision
in
legislation,
statute,
or
regulation
that
relates
to
a
then­
existing
Federal
program
under
which
$
500,000,000
or
more
is
provided
annually
to
State,
local,
and
tribal
governments
under
entitlement
authority,
if
the
provision­­
  (
i)(
I)
would
increase
the
stringency
of
conditions
of
assistance
to
State,
local,
or
tribal
governments
under
the
program;
or
  (
II)
would
place
caps
upon,
or
otherwise
decrease,
the
Federal
Government's
responsibility
to
provide
funding
to
State,
local,
or
tribal
governments
under
the
program;
and
  (
ii)
the
State,
local,
or
tribal
governments
that
participate
in
the
Federal
program
lack
authority
under
that
program
to
amend
their
financial
or
programmatic
responsibilities
to
continue
providing
required
services
that
are
affected
by
the
legislation,
statute,
or
regulation.
  (
6)
Federal
mandate.­­
The
term
 
Federal
mandate'
means
a
Federal
intergovernmental
mandate
or
a
Federal
private
sector
mandate,
as
defined
in
paragraphs
(
5)
and
(
7).
  (
7)
Federal
private
sector
mandate.­­
The
term
 
Federal
private
sector
mandate'
means
any
provision
in
legislation,
statute,
or
regulation
that­­
  (
A)
would
impose
an
enforceable
duty
upon
the
private
sector
except­­
  (
i)
a
condition
of
Federal
assistance;
or
  (
ii)
a
duty
arising
from
participation
in
a
voluntary
Federal
program;
or
  (
B)
would
reduce
or
eliminate
the
amount
of
authorization
of
appropriations
for
Federal
financial
assistance
that
will
be
provided
to
the
private
sector
for
the
purposes
of
ensuring
compliance
with
such
duty.
  (
8)
Local
government.­­
The
term
 
local
government'
has
the
same
meaning
as
defined
in
section
6501(
6)
of
title
31,
United
States
Code.
  (
9)
Private
sector.­­
The
term
 
private
sector'
means
all
persons
or
entities
in
the
United
States,
including
individuals,
partnerships,
associations,
corporations,
and
educational
and
nonprofit
institutions,
but
shall
not
include
State,
local,
or
tribal
governments.
  (
10)
Regulation;
rule.­­
The
term
 
regulation'
or
 
rule'
(
except
with
respect
to
a
rule
of
either
House
of
the
Congress)
has
the
meaning
of
 
rule'
as
defined
in
section
601(
2)
of
title
5,
United
States
Code.
[[
Page
109
STAT.
53]]
  (
11)
Small
government.­­
The
term
 
small
government'
means
any
small
governmental
jurisdictions
defined
in
section
601(
5)
of
title
5,
United
States
Code,
and
any
tribal
government.
  (
12)
State.­­
The
term
 
State'
has
the
same
meaning
as
defined
in
section
6501(
9)
of
title
31,
United
States
Code.
  (
13)
Tribal
government.­­
The
term
 
tribal
government'
means
any
Indian
tribe,
band,
nation,
or
other
organized
group
or
community,
including
any
Alaska
Native
village
or
regional
or
village
corporation
as
defined
in
or
established
pursuant
to
the
Alaska
Native
Claims
Settlement
Act
(
85
Stat.
688;
43
U.
S.
C.
1601
et
seq.)
which
is
recognized
as
eligible
for
the
special
programs
and
services
provided
by
the
United
States
to
Indians
because
of
their
special
status
as
Indians.

  
SEC.
422.
<<
NOTE:
2
USC
658a.>>
EXCLUSIONS.

  
This
part
shall
not
apply
to
any
provision
in
a
bill,
joint
resolution,
amendment,
motion,
or
conference
report
before
Congress
that­­
  (
1)
enforces
constitutional
rights
of
individuals;
  (
2)
establishes
or
enforces
any
statutory
rights
that
prohibit
discrimination
on
the
basis
of
race,
color,
religion,
sex,
national
origin,
age,
handicap,
or
disability;
  (
3)
requires
compliance
with
accounting
and
auditing
procedures
with
respect
to
grants
or
other
money
or
property
provided
by
the
Federal
Government;
  (
4)
provides
for
emergency
assistance
or
relief
at
the
request
of
any
State,
local,
or
tribal
government
or
any
official
of
a
State,
local,
or
tribal
government;
  (
5)
is
necessary
for
the
national
security
or
the
ratification
or
implementation
of
international
treaty
obligations;
  (
6)
the
President
designates
as
emergency
legislation
and
that
the
Congress
so
designates
in
statute;
or
  (
7)
relates
to
the
old­
age,
survivors,
and
disability
insurance
program
under
title
II
of
the
Social
Security
Act
(
including
taxes
imposed
by
sections
3101(
a)
and
3111(
a)
of
the
Internal
Revenue
Code
of
1986
(
relating
to
old­
age,
survivors,
and
disability
insurance)).

  
SEC.
423.
<<
NOTE:
2
USC
658b.>>
DUTIES
OF
CONGRESSIONAL
COMMITTEES.

  (
a)
In
General.­­
When
a
committee
of
authorization
of
the
Senate
or
the
House
of
Representatives
reports
a
bill
or
joint
resolution
of
public
character
that
includes
any
Federal
mandate,
the
report
of
the
committee
accompanying
the
bill
or
joint
resolution
shall
contain
the
information
required
by
subsections
(
c)
and
(
d).
  (
b)
Submission
of
Bills
to
the
Director.­­
When
a
committee
of
authorization
of
the
Senate
or
the
House
of
Representatives
orders
reported
a
bill
or
joint
resolution
of
a
public
character,
the
committee
shall
promptly
provide
the
bill
or
joint
resolution
to
the
Director
of
the
Congressional
Budget
Office
and
shall
identify
to
the
Director
any
Federal
mandates
contained
in
the
bill
or
resolution.
  (
c)
Reports
on
Federal
Mandates.­­
Each
report
described
under
subsection
(
a)
shall
contain­­
  (
1)
an
identification
and
description
of
any
Federal
mandates
in
the
bill
or
joint
resolution,
including
the
direct
costs
to
State,
local,
and
tribal
governments,
and
to
the
private
sector,
required
to
comply
with
the
Federal
mandates;
[[
Page
109
STAT.
54]]
  (
2)
a
qualitative,
and
if
practicable,
a
quantitative
assessment
of
costs
and
benefits
anticipated
from
the
Federal
mandates
(
including
the
effects
on
health
and
safety
and
the
protection
of
the
natural
environment);
and
  (
3)
a
statement
of
the
degree
to
which
a
Federal
mandate
affects
both
the
public
and
private
sectors
and
the
extent
to
which
Federal
payment
of
public
sector
costs
or
the
modification
or
termination
of
the
Federal
mandate
as
provided
under
section
425(
a)(
2)
would
affect
the
competitive
balance
between
State,
local,
or
tribal
governments
and
the
private
sector
including
a
description
of
the
actions,
if
any,
taken
by
the
committee
to
avoid
any
adverse
impact
on
the
private
sector
or
the
competitive
balance
between
the
public
sector
and
the
private
sector.

  (
d)
Intergovernmental
Mandates.­­
If
any
of
the
Federal
mandates
in
the
bill
or
joint
resolution
are
Federal
intergovernmental
mandates,
the
report
required
under
subsection
(
a)
shall
also
contain­­
  (
1)(
A)
a
statement
of
the
amount,
if
any,
of
increase
or
decrease
in
authorization
of
appropriations
under
existing
Federal
financial
assistance
programs,
or
of
authorization
of
appropriations
for
new
Federal
financial
assistance,
provided
by
the
bill
or
joint
resolution
and
usable
for
activities
of
State,
local,
or
tribal
governments
subject
to
the
Federal
intergovernmental
mandates;
  (
B)
a
statement
of
whether
the
committee
intends
that
the
Federal
intergovernmental
mandates
be
partly
or
entirely
unfunded,
and
if
so,
the
reasons
for
that
intention;
and
  (
C)
if
funded
in
whole
or
in
part,
a
statement
of
whether
and
how
the
committee
has
created
a
mechanism
to
allocate
the
funding
in
a
manner
that
is
reasonably
consistent
with
the
expected
direct
costs
among
and
between
the
respective
levels
of
State,
local,
and
tribal
government;
and
  (
2)
any
existing
sources
of
Federal
assistance
in
addition
to
those
identified
in
paragraph
(
1)
that
may
assist
State,
local,
and
tribal
governments
in
meeting
the
direct
costs
of
the
Federal
intergovernmental
mandates.

  (
e)
Preemption
Clarification
and
Information.­­
When
a
committee
of
authorization
of
the
Senate
or
the
House
of
Representatives
reports
a
bill
or
joint
resolution
of
public
character,
the
committee
report
accompanying
the
bill
or
joint
resolution
shall
contain,
if
relevant
to
the
bill
or
joint
resolution,
an
explicit
statement
on
the
extent
to
which
the
bill
or
joint
resolution
is
intended
to
preempt
any
State,
local,
or
tribal
law,
and,
if
so,
an
explanation
of
the
effect
of
such
preemption.
  (
f)
Publication
of
Statement
From
the
Director.­­
  (
1)
In
general.­­
Upon
receiving
a
statement
from
the
Director
under
section
424,
a
committee
of
the
Senate
or
the
House
of
Representatives
shall
publish
the
statement
in
the
committee
report
accompanying
the
bill
or
joint
resolution
to
which
the
statement
relates
if
the
statement
is
available
at
the
time
the
report
is
printed.
[[
Page
109
STAT.
55]]
<<
NOTE:
Congressional
Record,
publication.>>
  (
2)
Other
publication
of
statement
of
director.­­
If
the
statement
is
not
published
in
the
report,
or
if
the
bill
or
joint
resolution
to
which
the
statement
relates
is
expected
to
be
considered
by
the
Senate
or
the
House
of
Representatives
before
the
report
is
published,
the
committee
shall
cause
the
[[
Page
109
STAT.
55]]
statement,
or
a
summary
thereof,
to
be
published
in
the
Congressional
Record
in
advance
of
floor
consideration
of
the
bill
or
joint
resolution.

  
SEC.
424.
<<
NOTE:
2
USC
658c.>>
DUTIES
OF
THE
DIRECTOR;
STATEMENTS
ON
BILLS
AND
JOINT
RESOLUTIONS
OTHER
THAN
APPROPRIATIONS
BILLS
AND
JOINT
RESOLUTIONS.

  (
a)
Federal
Intergovernmental
Mandates
in
Reported
Bills
and
Resolutions.­­
For
each
bill
or
joint
resolution
of
a
public
character
reported
by
any
committee
of
authorization
of
the
Senate
or
the
House
of
Representatives,
the
Director
of
the
Congressional
Budget
Office
shall
prepare
and
submit
to
the
committee
a
statement
as
follows:
  (
1)
Contents.­­
If
the
Director
estimates
that
the
direct
cost
of
all
Federal
intergovernmental
mandates
in
the
bill
or
joint
resolution
will
equal
or
exceed
$
50,000,000
(
adjusted
annually
for
inflation)
in
the
fiscal
year
in
which
any
Federal
intergovernmental
mandate
in
the
bill
or
joint
resolution
(
or
in
any
necessary
implementing
regulation)
would
first
be
effective
or
in
any
of
the
4
fiscal
years
following
such
fiscal
year,
the
Director
shall
so
state,
specify
the
estimate,
and
briefly
explain
the
basis
of
the
estimate.
  (
2)
Estimates.­­
Estimates
required
under
paragraph
(
1)
shall
include
estimates
(
and
brief
explanations
of
the
basis
of
the
estimates)
of­­
  (
A)
the
total
amount
of
direct
cost
of
complying
with
the
Federal
intergovernmental
mandates
in
the
bill
or
joint
resolution;
  (
B)
if
the
bill
or
resolution
contains
an
authorization
of
appropriations
under
section
425(
a)(
2)(
B),
the
amount
of
new
budget
authority
for
each
fiscal
year
for
a
period
not
to
exceed
10
years
beyond
the
effective
date
necessary
for
the
direct
cost
of
the
intergovernmental
mandate;
and
  (
C)
the
amount,
if
any,
of
increase
in
authorization
of
appropriations
under
existing
Federal
financial
assistance
programs,
or
of
authorization
of
appropriations
for
new
Federal
financial
assistance,
provided
by
the
bill
or
joint
resolution
and
usable
by
State,
local,
or
tribal
governments
for
activities
subject
to
the
Federal
intergovernmental
mandates.
  (
3)
Estimate
not
feasible.­­
If
the
Director
determines
that
it
is
not
feasible
to
make
a
reasonable
estimate
that
would
be
required
under
paragraphs
(
1)
and
(
2),
the
Director
shall
not
make
the
estimate,
but
shall
report
in
the
statement
that
the
reasonable
estimate
cannot
be
made
and
shall
include
the
reasons
for
that
determination
in
the
statement.
If
such
determination
is
made
by
the
Director,
a
point
of
order
under
this
part
shall
lie
only
under
section
425(
a)(
1)
and
as
if
the
requirement
of
section
425(
a)(
1)
had
not
been
met.

  (
b)
Federal
Private
Sector
Mandates
in
Reported
Bills
and
Joint
Resolutions.­­
For
each
bill
or
joint
resolution
of
a
public
character
reported
by
any
committee
of
authorization
of
the
Senate
or
the
House
of
Representatives,
the
Director
of
the
Congressional
Budget
Office
shall
prepare
and
submit
to
the
committee
a
statement
as
follows:
  (
1)
Contents.­­
If
the
Director
estimates
that
the
direct
cost
of
all
Federal
private
sector
mandates
in
the
bill
or
joint
[[
Page
109
STAT.
56]]
resolution
will
equal
or
exceed
$
100,000,000
(
adjusted
annually
for
inflation)
in
the
fiscal
year
in
which
any
Federal
private
sector
mandate
in
the
bill
or
joint
resolution
(
or
in
any
necessary
implementing
regulation)
would
first
be
effective
or
in
any
of
the
4
fiscal
years
following
such
fiscal
year,
the
Director
shall
so
state,
specify
the
estimate,
and
briefly
explain
the
basis
of
the
estimate.
  (
2)
Estimates.­­
Estimates
required
under
paragraph
(
1)
shall
include
estimates
(
and
a
brief
explanation
of
the
basis
of
the
estimates)
of­­
  (
A)
the
total
amount
of
direct
costs
of
complying
with
the
Federal
private
sector
mandates
in
the
bill
or
joint
resolution;
and
  (
B)
the
amount,
if
any,
of
increase
in
authorization
of
appropriations
under
existing
Federal
financial
assistance
programs,
or
of
authorization
of
appropriations
for
new
Federal
financial
assistance,
provided
by
the
bill
or
joint
resolution
usable
by
the
private
sector
for
the
activities
subject
to
the
Federal
private
sector
mandates.
  (
3)
Estimate
not
feasible.­­
If
the
Director
determines
that
it
is
not
feasible
to
make
a
reasonable
estimate
that
would
be
required
under
paragraphs
(
1)
and
(
2),
the
Director
shall
not
make
the
estimate,
but
shall
report
in
the
statement
that
the
reasonable
estimate
cannot
be
made
and
shall
include
the
reasons
for
that
determination
in
the
statement.

  (
c)
Legislation
Falling
Below
the
Direct
Costs
Thresholds.­­
If
the
Director
estimates
that
the
direct
costs
of
a
Federal
mandate
will
not
equal
or
exceed
the
thresholds
specified
in
subsections
(
a)
and
(
b),
the
Director
shall
so
state
and
shall
briefly
explain
the
basis
of
the
estimate.
  (
d)
Amended
Bills
and
Joint
Resolutions;
Conference
Reports.­­
If
a
bill
or
joint
resolution
is
passed
in
an
amended
form
(
including
if
passed
by
one
House
as
an
amendment
in
the
nature
of
a
substitute
for
the
text
of
a
bill
or
joint
resolution
from
the
other
House)
or
is
reported
by
a
committee
of
conference
in
amended
form,
and
the
amended
form
contains
a
Federal
mandate
not
previously
considered
by
either
House
or
which
contains
an
increase
in
the
direct
cost
of
a
previously
considered
Federal
mandate,
then
the
committee
of
conference
shall
ensure,
to
the
greatest
extent
practicable,
that
the
Director
shall
prepare
a
statement
as
provided
in
this
subsection
or
a
supplemental
statement
for
the
bill
or
joint
resolution
in
that
amended
form.

  
SEC.
425.
<<
NOTE:
2
USC
658d.>>
LEGISLATION
SUBJECT
TO
POINT
OF
ORDER.

  (
a)
In
General.­­
It
shall
not
be
in
order
in
the
Senate
or
the
House
of
Representatives
to
consider­­
  (
1)
any
bill
or
joint
resolution
that
is
reported
by
a
committee
unless
the
committee
has
published
a
statement
of
the
Director
on
the
direct
costs
of
Federal
mandates
in
accordance
with
section
423(
f)
before
such
consideration,
except
this
paragraph
shall
not
apply
to
any
supplemental
statement
prepared
by
the
Director
under
section
424(
d);
and
  (
2)
any
bill,
joint
resolution,
amendment,
motion,
or
conference
report
that
would
increase
the
direct
costs
of
Federal
intergovernmental
mandates
by
an
amount
that
causes
the
thresholds
specified
in
section
424(
a)(
1)
to
be
exceeded,
unless­­
[[
Page
109
STAT.
57]]
  (
A)
the
bill,
joint
resolution,
amendment,
motion,
or
conference
report
provides
new
budget
authority
or
new
entitlement
authority
in
the
House
of
Representatives
or
direct
spending
authority
in
the
Senate
for
each
fiscal
year
for
such
mandates
included
in
the
bill,
joint
resolution,
amendment,
motion,
or
conference
report
in
an
amount
equal
to
or
exceeding
the
direct
costs
of
such
mandate;
or
  (
B)
the
bill,
joint
resolution,
amendment,
motion,
or
conference
report
includes
an
authorization
for
appropriations
in
an
amount
equal
to
or
exceeding
the
direct
costs
of
such
mandate,
and­­
  (
i)
identifies
a
specific
dollar
amount
of
the
direct
costs
of
such
mandate
for
each
year
up
to
10
years
during
which
such
mandate
shall
be
in
effect
under
the
bill,
joint
resolution,
amendment,
motion
or
conference
report,
and
such
estimate
is
consistent
with
the
estimate
determined
under
subsection
(
e)
for
each
fiscal
year;
  (
ii)
identifies
any
appropriation
bill
that
is
expected
to
provide
for
Federal
funding
of
the
direct
cost
referred
to
under
clause
(
i);
and
  (
iii)(
I)
provides
that
for
any
fiscal
year
the
responsible
Federal
agency
shall
determine
whether
there
are
insufficient
appropriations
for
that
fiscal
year
to
provide
for
the
direct
costs
under
clause
(
i)
of
such
mandate,
and
shall
(
no
later
than
30
days
after
the
beginning
of
the
fiscal
year)
notify
the
appropriate
authorizing
committees
of
Congress
of
the
determination
and
submit
either­­
  (
aa)
a
statement
that
the
agency
has
determined,
based
on
a
re­
estimate
of
the
direct
costs
of
such
mandate,
after
consultation
with
State,
local,
and
tribal
governments,
that
the
amount
appropriated
is
sufficient
to
pay
for
the
direct
costs
of
such
mandate;
or
  (
bb)
legislative
recommendations
for
either
implementing
a
less
costly
mandate
or
making
such
mandate
ineffective
for
the
fiscal
year;
  (
II)
provides
for
expedited
procedures
for
the
consideration
of
the
statement
or
legislative
recommendations
referred
to
in
subclause
(
I)
by
Congress
no
later
than
30
days
after
the
statement
or
recommendations
are
submitted
to
Congress;
and
<<
NOTE:
Termination
date.>>
  (
III)
provides
that
such
mandate
shall­­
  (
aa)
in
the
case
of
a
statement
referred
to
in
subclause
(
I)(
aa),
cease
to
be
effective
60
days
after
the
statement
is
submitted
unless
Congress
has
approved
the
agency's
determination
by
joint
resolution
during
the
60­
day
period;
  (
bb)
cease
to
be
effective
60
days
after
the
date
the
legislative
recommendations
of
the
responsible
Federal
agency
are
submitted
to
Congress
under
subclause
(
I)(
bb)
unless
Congress
provides
otherwise
by
law;
or
[[
Page
109
STAT.
58]]
  (
cc)
in
the
case
that
such
mandate
that
has
not
yet
taken
effect,
continue
not
to
be
effective
unless
Congress
provides
otherwise
by
law.

  (
b)
Rule
of
Construction.­­
The
provisions
of
subsection
(
a)(
2)(
B)(
iii)
shall
not
be
construed
to
prohibit
or
otherwise
restrict
a
State,
local,
or
tribal
government
from
voluntarily
electing
to
remain
subject
to
the
original
Federal
intergovernmental
mandate,
complying
with
the
programmatic
or
financial
responsibilities
of
the
original
Federal
intergovernmental
mandate
and
providing
the
funding
necessary
consistent
with
the
costs
of
Federal
agency
assistance,
monitoring,
and
enforcement.
  (
c)
Committee
on
Appropriations.­­
  (
1)
Application.­­
The
provisions
of
subsection
(
a)­­
  (
A)
shall
not
apply
to
any
bill
or
resolution
reported
by
the
Committee
on
Appropriations
of
the
Senate
or
the
House
of
Representatives;
except
  (
B)
shall
apply
to­­
  (
i)
any
legislative
provision
increasing
direct
costs
of
a
Federal
intergovernmental
mandate
contained
in
any
bill
or
resolution
reported
by
the
Committee
on
Appropriations
of
the
Senate
or
House
of
Representatives;
  (
ii)
any
legislative
provision
increasing
direct
costs
of
a
Federal
intergovernmental
mandate
contained
in
any
amendment
offered
to
a
bill
or
resolution
reported
by
the
Committee
on
Appropriations
of
the
Senate
or
House
of
Representatives;
  (
iii)
any
legislative
provision
increasing
direct
costs
of
a
Federal
intergovernmental
mandate
in
a
conference
report
accompanying
a
bill
or
resolution
reported
by
the
Committee
on
Appropriations
of
the
Senate
or
House
of
Representatives;
and
  (
iv)
any
legislative
provision
increasing
direct
costs
of
a
Federal
intergovernmental
mandate
contained
in
any
amendments
in
disagreement
between
the
two
Houses
to
any
bill
or
resolution
reported
by
the
Committee
on
Appropriations
of
the
Senate
or
House
of
Representatives.
  (
2)
Certain
provisions
stricken
in
senate.­­
Upon
a
point
of
order
being
made
by
any
Senator
against
any
provision
listed
in
paragraph
(
1)(
B),
and
the
point
of
order
being
sustained
by
the
Chair,
such
specific
provision
shall
be
deemed
stricken
from
the
bill,
resolution,
amendment,
amendment
in
disagreement,
or
conference
report
and
may
not
be
offered
as
an
amendment
from
the
floor.

  (
d)
Determinations
of
Applicability
to
Pending
Legislation.­­
For
purposes
of
this
section,
in
the
Senate,
the
presiding
officer
of
the
Senate
shall
consult
with
the
Committee
on
Governmental
Affairs,
to
the
extent
practicable,
on
questions
concerning
the
applicability
of
this
part
to
a
pending
bill,
joint
resolution,
amendment,
motion,
or
conference
report.
  (
e)
Determinations
of
Federal
Mandate
Levels.­­
For
purposes
of
this
section,
in
the
Senate,
the
levels
of
Federal
mandates
for
a
fiscal
year
shall
be
determined
based
on
the
estimates
made
by
the
Committee
on
the
Budget.
[[
Page
109
STAT.
59]]

  
SEC.
426.
<<
NOTE:
2
USC
658e.>>
PROVISIONS
RELATING
TO
THE
HOUSE
OF
REPRESENTATIVES.

  (
a)
Enforcement
in
the
House
of
Representatives.­­
It
shall
not
be
in
order
in
the
House
of
Representatives
to
consider
a
rule
or
order
that
waives
the
application
of
section
425.
  (
b)
Disposition
of
Points
of
Order.­­
  (
1)
Application
to
the
house
of
representatives.­­
This
subsection
shall
apply
only
to
the
House
of
Representatives.
  (
2)
Threshold
burden.­­
In
order
to
be
cognizable
by
the
Chair,
a
point
of
order
under
section
425
or
subsection
(
a)
of
this
section
must
specify
the
precise
language
on
which
it
is
premised.
  (
3)
Question
of
consideration.­­
As
disposition
of
points
of
order
under
section
425
or
subsection
(
a)
of
this
section,
the
Chair
shall
put
the
question
of
consideration
with
respect
to
the
proposition
that
is
the
subject
of
the
points
of
order.
  (
4)
Debate
and
intervening
motions.­­
A
question
of
consideration
under
this
section
shall
be
debatable
for
10
minutes
by
each
Member
initiating
a
point
of
order
and
for
10
minutes
by
an
opponent
on
each
point
of
order,
but
shall
otherwise
be
decided
without
intervening
motion
except
one
that
the
House
adjourn
or
that
the
Committee
of
the
Whole
rise,
as
the
case
may
be.
  (
5)
Effect
on
amendment
in
order
as
original
text.­­
The
disposition
of
the
question
of
consideration
under
this
subsection
with
respect
to
a
bill
or
joint
resolution
shall
be
considered
also
to
determine
the
question
of
consideration
under
this
subsection
with
respect
to
an
amendment
made
in
order
as
original
text.

  
SEC.
427.
<<
NOTE:
2
USC
658f.>>
REQUESTS
TO
THE
CONGRESSIONAL
BUDGET
OFFICE
FROM
SENATORS.

  
At
the
written
request
of
a
Senator,
the
Director
shall,
to
the
extent
practicable,
prepare
an
estimate
of
the
direct
costs
of
a
Federal
intergovernmental
mandate
contained
in
an
amendment
of
such
Senator.

  
SEC.
428.
<<
NOTE:
2
USC
658g.>>
CLARIFICATION
OF
APPLICATION.

  (
a)
In
General.­­
This
part
applies
to
any
bill,
joint
resolution,
amendment,
motion,
or
conference
report
that
reauthorizes
appropriations,
or
that
amends
existing
authorizations
of
appropriations,
to
carry
out
any
statute,
or
that
otherwise
amends
any
statute,
only
if
enactment
of
the
bill,
joint
resolution,
amendment,
motion,
or
conference
report­­
  (
1)
would
result
in
a
net
reduction
in
or
elimination
of
authorization
of
appropriations
for
Federal
financial
assistance
that
would
be
provided
to
State,
local,
or
tribal
governments
for
use
for
the
purpose
of
complying
with
any
Federal
intergovernmental
mandate,
or
to
the
private
sector
for
use
to
comply
with
any
Federal
private
sector
mandate,
and
would
not
eliminate
or
reduce
duties
established
by
the
Federal
mandate
by
a
corresponding
amount;
or
  (
2)
would
result
in
a
net
increase
in
the
aggregate
amount
of
direct
costs
of
Federal
intergovernmental
mandates
or
Federal
private
sector
mandates
other
than
as
described
in
paragraph
(
1).
[[
Page
109
STAT.
60]]

  (
b)
Direct
Costs.­­
  (
1)
In
general.­­
For
purposes
of
this
part,
the
direct
cost
of
the
Federal
mandates
in
a
bill,
joint
resolution,
amendment,
motion,
or
conference
report
that
reauthorizes
appropriations,
or
that
amends
existing
authorizations
of
appropriations,
to
carry
out
a
statute,
or
that
otherwise
amends
any
statute,
means
the
net
increase,
resulting
from
enactment
of
the
bill,
joint
resolution,
amendment,
motion,
or
conference
report,
in
the
amount
described
under
paragraph
(
2)(
A)
over
the
amount
described
under
paragraph
(
2)(
B).
  (
2)
Amounts.­­
The
amounts
referred
to
under
paragraph
(
1)
are­­
  (
A)
the
aggregate
amount
of
direct
costs
of
Federal
mandates
that
would
result
under
the
statute
if
the
bill,
joint
resolution,
amendment,
motion,
or
conference
report
is
enacted;
and
  (
B)
the
aggregate
amount
of
direct
costs
of
Federal
mandates
that
would
result
under
the
statute
if
the
bill,
joint
resolution,
amendment,
motion,
or
conference
report
were
not
enacted.
  (
3)
Extension
of
authorization
of
appropriations.­­
For
purposes
of
this
section,
in
the
case
of
legislation
to
extend
authorization
of
appropriations,
the
authorization
level
that
would
be
provided
by
the
extension
shall
be
compared
to
the
authorization
level
for
the
last
year
in
which
authorization
of
appropriations
is
already
provided.''.

(
b)
Technical
and
Conforming
Amendments.­­
Section
1(
b)
of
the
Congressional
Budget
and
Impoundment
Control
Act
of
1974
is
amended­­
(
1)
by
inserting
  
Part
A­­
General
Provisions''
before
the
item
relating
to
section
401;
and
(
2)
by
inserting
after
the
item
relating
to
section
407
the
following:

  
Part
B­­
Federal
Mandates
  
Sec.
421.
Definitions.
  
Sec.
422.
Exclusions.
  
Sec.
423.
Duties
of
congressional
committees.
  
Sec.
424.
Duties
of
the
Director;
statements
on
bills
and
joint
resolutions
other
than
appropriations
bills
and
joint
resolutions.
  
Sec.
425.
Legislation
subject
to
point
of
order.
  
Sec.
426.
Provisions
relating
to
the
House
of
Representatives.
  
Sec.
427.
Requests
to
the
Congressional
Budget
Office
from
Senators.
  
Sec.
428.
Clarification
of
application.''.

SEC.
102.
ASSISTANCE
TO
COMMITTEES
AND
STUDIES.

The
Congressional
Budget
and
Impoundment
Control
Act
of
1974
is
amended­­
<<
NOTE:
2
USC
602.>>
(
1)
in
section
202­­
(
A)
in
subsection
(
c)­­
(
i)
by
redesignating
paragraph
(
2)
as
paragraph
(
3);
and
(
ii)
by
inserting
after
paragraph
(
1)
the
following
new
paragraph:
  (
2)
At
the
request
of
any
committee
of
the
Senate
or
the
House
of
Representatives,
the
Office
shall,
to
the
extent
practicable,
consult
with
and
assist
such
committee
in
analyzing
the
budgetary
or
financial
impact
of
any
proposed
legislation
that
may
have­­
[[
Page
109
STAT.
61]]
  (
A)
a
significant
budgetary
impact
on
State,
local,
or
tribal
governments;
  (
B)
a
significant
financial
impact
on
the
private
sector;
or
  (
C)
a
significant
employment
impact
on
the
private
sector.'';
and
(
B)
by
amending
subsection
(
h)
to
read
as
follows:

  (
h)
Studies.­­
  (
1)
Continuing
studies.­­
The
Director
of
the
Congressional
Budget
Office
shall
conduct
continuing
studies
to
enhance
comparisons
of
budget
outlays,
credit
authority,
and
tax
expenditures.
  (
2)
Federal
mandate
studies.­­
  (
A)
At
the
request
of
any
Chairman
or
ranking
member
of
the
minority
of
a
Committee
of
the
Senate
or
the
House
of
Representatives,
the
Director
shall,
to
the
extent
practicable,
conduct
a
study
of
a
legislative
proposal
containing
a
Federal
mandate.
  (
B)
In
conducting
a
study
on
intergovernmental
mandates
under
subparagraph
(
A),
the
Director
shall­­
  (
i)
solicit
and
consider
information
or
comments
from
elected
officials
(
including
their
designated
representatives)
of
State,
local,
or
tribal
governments
as
may
provide
helpful
information
or
comments;
  (
ii)
consider
establishing
advisory
panels
of
elected
officials
or
their
designated
representatives,
of
State,
local,
or
tribal
governments
if
the
Director
determines
that
such
advisory
panels
would
be
helpful
in
performing
responsibilities
of
the
Director
under
this
section;
and
  (
iii)
if,
and
to
the
extent
that
the
Director
determines
that
accurate
estimates
are
reasonably
feasible,
include
estimates
of­­
  (
I)
the
future
direct
cost
of
the
Federal
mandate
to
the
extent
that
such
costs
significantly
differ
from
or
extend
beyond
the
5­
year
period
after
the
mandate
is
first
effective;
and
  (
II)
any
disproportionate
budgetary
effects
of
Federal
mandates
upon
particular
industries
or
sectors
of
the
economy,
States,
regions,
and
urban
or
rural
or
other
types
of
communities,
as
appropriate.
  (
C)
In
conducting
a
study
on
private
sector
mandates
under
subparagraph
(
A),
the
Director
shall
provide
estimates,
if
and
to
the
extent
that
the
Director
determines
that
such
estimates
are
reasonably
feasible,
of­­
  (
i)
future
costs
of
Federal
private
sector
mandates
to
the
extent
that
such
mandates
differ
significantly
from
or
extend
beyond
the
5­
year
time
period
referred
to
in
subparagraph
(
B)(
iii)(
I);
  (
ii)
any
disproportionate
financial
effects
of
Federal
private
sector
mandates
and
of
any
Federal
financial
assistance
in
the
bill
or
joint
resolution
upon
any
particular
industries
or
sectors
of
the
economy,
States,
regions,
and
urban
or
rural
or
other
types
of
communities;
and
[[
Page
109
STAT.
62]]
  (
iii)
the
effect
of
Federal
private
sector
mandates
in
the
bill
or
joint
resolution
on
the
national
economy,
including
the
effect
on
productivity,
economic
growth,
full
employment,
creation
of
productive
jobs,
and
international
competitiveness
of
United
States
goods
and
services.'';
and
<<
NOTE:
2
USC
632.>>
(
2)
in
section
301(
d)
by
adding
at
the
end
thereof
the
following
new
sentence:
  
Any
Committee
of
the
House
of
Representatives
or
the
Senate
that
anticipates
that
the
committee
will
consider
any
proposed
legislation
establishing,
amending,
or
reauthorizing
any
Federal
program
likely
to
have
a
significant
budgetary
impact
on
any
State,
local,
or
tribal
government,
or
likely
to
have
a
significant
financial
impact
on
the
private
sector,
including
any
legislative
proposal
submitted
by
the
executive
branch
likely
to
have
such
a
budgetary
or
financial
impact,
shall
include
its
views
and
estimates
on
that
proposal
to
the
Committee
on
the
Budget
of
the
applicable
House.''.

SEC.
103.
<<
NOTE:
2
USC
1511.>>
COST
OF
REGULATIONS.

(
a)
Sense
of
the
Congress.­­
It
is
the
sense
of
the
Congress
that
Federal
agencies
should
review
and
evaluate
planned
regulations
to
ensure
that
the
cost
estimates
provided
by
the
Congressional
Budget
Office
will
be
carefully
considered
as
regulations
are
promulgated.
(
b)
Statement
of
Cost.­­
At
the
request
of
a
committee
chairman
or
ranking
minority
member,
the
Director
shall,
to
the
extent
practicable,
prepare
a
comparison
between­­
(
1)
an
estimate
by
the
relevant
agency,
prepared
under
section
202
of
this
Act,
of
the
costs
of
regulations
implementing
an
Act
containing
a
Federal
mandate;
and
(
2)
the
cost
estimate
prepared
by
the
Congressional
Budget
Office
for
such
Act
when
it
was
enacted
by
the
Congress.

(
c)
Cooperation
of
Office
of
Management
and
Budget.­­
At
the
request
of
the
Director
of
the
Congressional
Budget
Office,
the
Director
of
the
Office
of
Management
and
Budget
shall
provide
data
and
cost
estimates
for
regulations
implementing
an
Act
containing
a
Federal
mandate
covered
by
part
B
of
title
IV
of
the
Congressional
Budget
and
Impoundment
Control
Act
of
1974
(
as
added
by
section
101
of
this
Act).

SEC.
104.
REPEAL
OF
CERTAIN
ANALYSIS
BY
CONGRESSIONAL
BUDGET
OFFICE.
Section
403
of
the
Congressional
Budget
and
Impoundment
Control
Act
of
1974
is
amended­­
<<
NOTE:
2
USC
653.>>
(
1)
in
subsection
(
a)­­
(
A)
by
striking
out
paragraph
(
2);
(
B)
in
paragraph
(
3)
by
striking
out
  
paragraphs
(
1)
and
(
2)''
and
inserting
in
lieu
thereof
  
paragraph
(
1)'';
and
(
C)
by
redesignating
paragraphs
(
3)
and
(
4)
as
paragraphs
(
2)
and
(
3),
respectively;
(
2)
by
striking
out
  (
a)'';
and
(
3)
by
striking
out
subsections
(
b)
and
(
c).

SEC.
105.
<<
NOTE:
2
USC
1512.>>
CONSIDERATION
FOR
FEDERAL
FUNDING.

Nothing
in
this
Act
shall
preclude
a
State,
local,
or
tribal
government
that
already
complies
with
all
or
part
of
the
Federal
intergovernmental
mandates
included
in
the
bill,
joint
resolution,
amendment,
motion,
or
conference
report
from
consideration
for
[[
Page
109
STAT.
63]]
Federal
funding
under
section
425(
a)(
2)
of
the
Congressional
Budget
and
Impoundment
Control
Act
of
1974
(
as
added
by
section
101
of
this
Act)
for
the
cost
of
the
mandate,
including
the
costs
the
State,
local,
or
tribal
government
is
currently
paying
and
any
additional
costs
necessary
to
meet
the
mandate.

SEC.
106.
<<
NOTE:
2
USC
1513.>>
IMPACT
ON
LOCAL
GOVERNMENTS.

(
a)
Findings.­­
The
Senate
finds
that­­
(
1)
the
Congress
should
be
concerned
about
shifting
costs
from
Federal
to
State
and
local
authorities
and
should
be
equally
concerned
about
the
growing
tendency
of
States
to
shift
costs
to
local
governments;
(
2)
cost
shifting
from
States
to
local
governments
has,
in
many
instances,
forced
local
governments
to
raise
property
taxes
or
curtail
sometimes
essential
services;
and
(
3)
increases
in
local
property
taxes
and
cuts
in
essential
services
threaten
the
ability
of
many
citizens
to
attain
and
maintain
the
American
dream
of
owning
a
home
in
a
safe,
secure
community.

(
b)
Sense
of
the
Senate.­­
It
is
the
sense
of
the
Senate
that­­
(
1)
the
Federal
Government
should
not
shift
certain
costs
to
the
State,
and
States
should
end
the
practice
of
shifting
costs
to
local
governments,
which
forces
many
local
governments
to
increase
property
taxes;
(
2)
States
should
end
the
imposition,
in
the
absence
of
full
consideration
by
their
legislatures,
of
State
issued
mandates
on
local
governments
without
adequate
State
funding,
in
a
manner
that
may
displace
other
essential
government
priorities;
and
(
3)
one
primary
objective
of
this
Act
and
other
efforts
to
change
the
relationship
among
Federal,
State,
and
local
governments
should
be
to
reduce
taxes
and
spending
at
all
levels
and
to
end
the
practice
of
shifting
costs
from
one
level
of
government
to
another
with
little
or
no
benefit
to
taxpayers.

SEC.
107.
<<
NOTE:
2
USC
1514.>>
ENFORCEMENT
IN
THE
HOUSE
OF
REPRESENTATIVES.

(
a)
Motions
To
Strike
in
the
Committee
of
the
Whole.­­
Clause
5
of
rule
XXIII
of
the
Rules
of
the
House
of
Representatives
is
amended
by
adding
at
the
end
the
following:
  (
c)
In
the
consideration
of
any
measure
for
amendment
in
the
Committee
of
the
Whole
containing
any
Federal
mandate
the
direct
costs
of
which
exceed
the
threshold
in
section
424(
a)(
1)
of
the
Unfunded
Mandate
Reform
Act
of
1995,
it
shall
always
be
in
order,
unless
specifically
waived
by
terms
of
a
rule
governing
consideration
of
that
measure,
to
move
to
strike
such
Federal
mandate
from
the
portion
of
the
bill
then
open
to
amendment.''.
(
b)
Committee
on
Rules
Reports
on
Waived
Points
of
Order.­­
The
Committee
on
Rules
shall
include
in
the
report
required
by
clause
1(
d)
of
rule
XI
(
relating
to
its
activities
during
the
Congress)
of
the
Rules
of
the
House
of
Representatives
a
separate
item
identifying
all
waivers
of
points
of
order
relating
to
Federal
mandates,
listed
by
bill
or
joint
resolution
number
and
the
subject
matter
of
that
measure.

SEC.
108.
<<
NOTE:
2
USC
1515.>>
EXERCISE
OF
RULEMAKING
POWERS.

The
provisions
of
sections
101
and
107
are
enacted
by
Congress­­
[[
Page
109
STAT.
64]]
(
1)
as
an
exercise
of
the
rulemaking
power
of
the
Senate
and
the
House
of
Representatives,
respectively,
and
as
such
they
shall
be
considered
as
part
of
the
rules
of
such
House,
respectively,
and
such
rules
shall
supersede
other
rules
only
to
the
extent
that
they
are
inconsistent
therewith;
and
(
2)
with
full
recognition
of
the
constitutional
right
of
either
House
to
change
such
rules
(
so
far
as
relating
to
such
House)
at
any
time,
in
the
same
manner,
and
to
the
same
extent
as
in
the
case
of
any
other
rule
of
each
House.

SEC.
109.
<<
NOTE:
2
USC
1516.>>
AUTHORIZATION
OF
APPROPRIATIONS.
There
are
authorized
to
be
appropriated
to
the
Congressional
Budget
Office
$
4,500,000
for
each
of
the
fiscal
years
1996,
1997,
1998,
1999,
2000,
2001,
and
2002
to
carry
out
the
provisions
of
this
title.

SEC.
110.
<<
NOTE:
2
USC
1511
note.>>
EFFECTIVE
DATE.

This
title
shall
take
effect
on
January
1,
1996
or
on
the
date
90
days
after
appropriations
are
made
available
as
authorized
under
section
109,
whichever
is
earlier
and
shall
apply
to
legislation
considered
on
and
after
such
date.

TITLE
II­­
REGULATORY
ACCOUNTABILITY
AND
REFORM
SEC.
201.
<<
NOTE:
2
USC
1531.>>
REGULATORY
PROCESS.

Each
agency
shall,
unless
otherwise
prohibited
by
law,
assess
the
effects
of
Federal
regulatory
actions
on
State,
local,
and
tribal
governments,
and
the
private
sector
(
other
than
to
the
extent
that
such
regulations
incorporate
requirements
specifically
set
forth
in
law).

SEC.
202.
<<
NOTE:
2
USC
1532.>>
STATEMENTS
TO
ACCOMPANY
SIGNIFICANT
REGULATORY
ACTIONS.

(
a)
In
General.­­
Unless
otherwise
prohibited
by
law,
before
promulgating
any
general
notice
of
proposed
rulemaking
that
is
likely
to
result
in
promulgation
of
any
rule
that
includes
any
Federal
mandate
that
may
result
in
the
expenditure
by
State,
local,
and
tribal
governments,
in
the
aggregate,
or
by
the
private
sector,
of
$
100,000,000
or
more
(
adjusted
annually
for
inflation)
in
any
1
year,
and
before
promulgating
any
final
rule
for
which
a
general
notice
of
proposed
rulemaking
was
published,
the
agency
shall
prepare
a
written
statement
containing­­
(
1)
an
identification
of
the
provision
of
Federal
law
under
which
the
rule
is
being
promulgated;
(
2)
a
qualitative
and
quantitative
assessment
of
the
anticipated
costs
and
benefits
of
the
Federal
mandate,
including
the
costs
and
benefits
to
State,
local,
and
tribal
governments
or
the
private
sector,
as
well
as
the
effect
of
the
Federal
mandate
on
health,
safety,
and
the
natural
environment
and
such
an
assessment
shall
include­­
(
A)
an
analysis
of
the
extent
to
which
such
costs
to
State,
local,
and
tribal
governments
may
be
paid
with
Federal
financial
assistance
(
or
otherwise
paid
for
by
the
Federal
Government);
and
[[
Page
109
STAT.
65]]
(
B)
the
extent
to
which
there
are
available
Federal
resources
to
carry
out
the
intergovernmental
mandate;
(
3)
estimates
by
the
agency,
if
and
to
the
extent
that
the
agency
determines
that
accurate
estimates
are
reasonably
feasible,
of­­
(
A)
the
future
compliance
costs
of
the
Federal
mandate;
and
(
B)
any
disproportionate
budgetary
effects
of
the
Federal
mandate
upon
any
particular
regions
of
the
nation
or
particular
State,
local,
or
tribal
governments,
urban
or
rural
or
other
types
of
communities,
or
particular
segments
of
the
private
sector;
(
4)
estimates
by
the
agency
of
the
effect
on
the
national
economy,
such
as
the
effect
on
productivity,
economic
growth,
full
employment,
creation
of
productive
jobs,
and
international
competitiveness
of
United
States
goods
and
services,
if
and
to
the
extent
that
the
agency
in
its
sole
discretion
determines
that
accurate
estimates
are
reasonably
feasible
and
that
such
effect
is
relevant
and
material;
and
(
5)(
A)
a
description
of
the
extent
of
the
agency's
prior
consultation
with
elected
representatives
(
under
section
204)
of
the
affected
State,
local,
and
tribal
governments;
(
B)
a
summary
of
the
comments
and
concerns
that
were
presented
by
State,
local,
or
tribal
governments
either
orally
or
in
writing
to
the
agency;
and
(
C)
a
summary
of
the
agency's
evaluation
of
those
comments
and
concerns.

(
b)
Promulgation.­­
In
promulgating
a
general
notice
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
information
contained
in
the
statement.
(
c)
Preparation
in
Conjunction
With
Other
Statement.­­
Any
agency
may
prepare
any
statement
required
under
subsection
(
a)
in
conjunction
with
or
as
a
part
of
any
other
statement
or
analysis,
provided
that
the
statement
or
analysis
satisfies
the
provisions
of
subsection
(
a).

SEC.
203.
<<
NOTE:
2
USC
1533.>>
SMALL
GOVERNMENT
AGENCY
PLAN.

(
a)
Effects
on
Small
Governments.­­
Before
establishing
any
regulatory
requirements
that
might
significantly
or
uniquely
affect
small
governments,
agencies
shall
have
developed
a
plan
under
which
the
agency
shall­­
(
1)
provide
notice
of
the
requirements
to
potentially
affected
small
governments,
if
any;
(
2)
enable
officials
of
affected
small
governments
to
provide
meaningful
and
timely
input
in
the
development
of
regulatory
proposals
containing
significant
Federal
intergovernmental
mandates;
and
(
3)
inform,
educate,
and
advise
small
governments
on
compliance
with
the
requirements.

(
b)
Authorization
of
Appropriations.­­
There
are
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.
204.
<<
NOTE:
2
USC
1534.>>
STATE,
LOCAL,
AND
TRIBAL
GOVERNMENT
INPUT.

(
a)
In
General.­­
Each
agency
shall,
to
the
extent
permitted
in
law,
develop
an
effective
process
to
permit
elected
officers
of
State,
local,
and
tribal
governments
(
or
their
designated
employees
[[
Page
109
STAT.
66]]
with
authority
to
act
on
their
behalf)
to
provide
meaningful
and
timely
input
in
the
development
of
regulatory
proposals
containing
significant
Federal
intergovernmental
mandates.
(
b)
Meetings
Between
State,
Local,
Tribal
and
Federal
Officers.­­
The
Federal
Advisory
Committee
Act
(
5
U.
S.
C.
App.)
shall
not
apply
to
actions
in
support
of
intergovernmental
communications
where­­
(
1)
meetings
are
held
exclusively
between
Federal
officials
and
elected
officers
of
State,
local,
and
tribal
governments
(
or
their
designated
employees
with
authority
to
act
on
their
behalf)
acting
in
their
official
capacities;
and
(
2)
such
meetings
are
solely
for
the
purposes
of
exchanging
views,
information,
or
advice
relating
to
the
management
or
implementation
of
Federal
programs
established
pursuant
to
public
law
that
explicitly
or
inherently
share
intergovernmental
responsibilities
or
administration.

(
c)
Implementing
Guidelines.­­
No
later
than
6
months
after
the
date
of
enactment
of
this
Act,
the
President
shall
issue
guidelines
and
instructions
to
Federal
agencies
for
appropriate
implementation
of
subsections
(
a)
and
(
b)
consistent
with
applicable
laws
and
regulations.

SEC.
205.
<<
NOTE:
2
USC
1535.>>
LEAST
BURDENSOME
OPTION
OR
EXPLANATION
REQUIRED.

(
a)
In
General.­­
Except
as
provided
in
subsection
(
b),
before
promulgating
any
rule
for
which
a
written
statement
is
required
under
section
202,
the
agency
shall
identify
and
consider
a
reasonable
number
of
regulatory
alternatives
and
from
those
alternatives
select
the
least
costly,
most
cost­
effective
or
least
burdensome
alternative
that
achieves
the
objectives
of
the
rule,
for­­
(
1)
State,
local,
and
tribal
governments,
in
the
case
of
a
rule
containing
a
Federal
intergovernmental
mandate;
and
(
2)
the
private
sector,
in
the
case
of
a
rule
containing
a
Federal
private
sector
mandate.

(
b)
Exception.­­
The
provisions
of
subsection
(
a)
shall
apply
unless­­
(
1)
the
head
of
the
affected
agency
publishes
with
the
final
rule
an
explanation
of
why
the
least
costly,
most
cost­
effective
or
least
burdensome
method
of
achieving
the
objectives
of
the
rule
was
not
adopted;
or
(
2)
the
provisions
are
inconsistent
with
law.

(
c)
OMB
Certification.­­
No
later
than
1
year
after
the
date
of
the
enactment
of
this
Act,
the
Director
of
the
Office
of
Management
and
Budget
shall
certify
to
Congress,
with
a
written
explanation,
agency
compliance
with
this
section
and
include
in
that
certification
agencies
and
rulemakings
that
fail
to
adequately
comply
with
this
section.

SEC.
206.
<<
NOTE:
2
USC
1536.>>
ASSISTANCE
TO
THE
CONGRESSIONAL
BUDGET
OFFICE.

The
Director
of
the
Office
of
Management
and
Budget
shall­­
(
1)
collect
from
agencies
the
statements
prepared
under
section
202;
and
(
2)
periodically
forward
copies
of
such
statements
to
the
Director
of
the
Congressional
Budget
Office
on
a
reasonably
timely
basis
after
promulgation
of
the
general
notice
of
proposed
rulemaking
or
of
the
final
rule
for
which
the
statement
was
prepared.
[[
Page
109
STAT.
67]]

SEC.
207.
<<
NOTE:
2
USC
1537.>>
PILOT
PROGRAM
ON
SMALL
GOVERNMENT
FLEXIBILITY.

(
a)
In
General.­­
The
Director
of
the
Office
of
Management
and
Budget,
in
consultation
with
Federal
agencies,
shall
establish
pilot
programs
in
at
least
2
agencies
to
test
innovative,
and
more
flexible
regulatory
approaches
that­­
(
1)
reduce
reporting
and
compliance
burdens
on
small
governments;
and
(
2)
meet
overall
statutory
goals
and
objectives.

(
b)
Program
Focus.­­
The
pilot
programs
shall
focus
on
rules
in
effect
or
proposed
rules,
or
a
combination
thereof.

SEC.
208.
<<
NOTE:
Reports.>>
ANNUAL
STATEMENTS
TO
CONGRESS
ON
AGENCY
COMPLIANCE.

<<
NOTE:
2
USC
1538.>>
No
later
than
1
year
after
the
effective
date
of
this
title
and
annually
thereafter,
the
Director
of
the
Office
of
Management
and
Budget
shall
submit
to
the
Congress,
including
the
Committee
on
Governmental
Affairs
of
the
Senate
and
the
Committee
on
Government
Reform
and
Oversight
of
the
House
of
Representatives,
a
written
report
detailing
compliance
by
each
agency
during
the
preceding
reporting
period
with
the
requirements
of
this
title.

SEC.
209.
<<
NOTE:
2
USC
1531
note.>>
EFFECTIVE
DATE.

This
title
and
the
amendments
made
by
this
title
shall
take
effect
on
the
date
of
the
enactment
of
this
Act.

TITLE
III­­
REVIEW
OF
FEDERAL
MANDATES
SEC.
301.
<<
NOTE:
2
USC
1551.>>
BASELINE
STUDY
OF
COSTS
AND
BENEFITS.

(
a)
In
General.­­
No
later
than
18
months
after
the
date
of
enactment
of
this
Act,
the
Advisory
Commission
on
Intergovernmental
Relations
(
hereafter
in
this
title
referred
to
as
the
  
Advisory
Commission''),
in
consultation
with
the
Director,
shall
complete
a
study
to
examine
the
measurement
and
definition
issues
involved
in
calculating
the
total
costs
and
benefits
to
State,
local,
and
tribal
governments
of
compliance
with
Federal
law.
(
b)
Considerations.­­
The
study
required
by
this
section
shall
consider­­
(
1)
the
feasibility
of
measuring
indirect
costs
and
benefits
as
well
as
direct
costs
and
benefits
of
the
Federal,
State,
local,
and
tribal
relationship;
and
(
2)
how
to
measure
both
the
direct
and
indirect
benefits
of
Federal
financial
assistance
and
tax
benefits
to
State,
local,
and
tribal
governments.

SEC.
302.
<<
NOTE:
2
USC
1552.>>
REPORT
ON
FEDERAL
MANDATES
BY
ADVISORY
COMMISSION
ON
INTERGOVERNMENTAL
RELATIONS.

(
a)
In
General.­­
The
Advisory
Commission
on
Intergovernmental
Relations
shall
in
accordance
with
this
section­­
(
1)
investigate
and
review
the
role
of
Federal
mandates
in
intergovernmental
relations
and
their
impact
on
State,
local,
tribal,
and
Federal
government
objectives
and
responsibilities,
and
their
impact
on
the
competitive
balance
between
State,
local,
and
tribal
governments,
and
the
private
sector
and
consider
views
of
and
the
impact
on
working
men
and
women
on
those
same
matters;
[[
Page
109
STAT.
68]]
(
2)
investigate
and
review
the
role
of
unfunded
State
mandates
imposed
on
local
governments;
(
3)
make
recommendations
to
the
President
and
the
Congress
regarding­­
(
A)
allowing
flexibility
for
State,
local,
and
tribal
governments
in
complying
with
specific
Federal
mandates
for
which
terms
of
compliance
are
unnecessarily
rigid
or
complex;
(
B)
reconciling
any
2
or
more
Federal
mandates
which
impose
contradictory
or
inconsistent
requirements;
(
C)
terminating
Federal
mandates
which
are
duplicative,
obsolete,
or
lacking
in
practical
utility;
(
D)
suspending,
on
a
temporary
basis,
Federal
mandates
which
are
not
vital
to
public
health
and
safety
and
which
compound
the
fiscal
difficulties
of
State,
local,
and
tribal
governments,
including
recommendations
for
triggering
such
suspension;
(
E)
consolidating
or
simplifying
Federal
mandates,
or
the
planning
or
reporting
requirements
of
such
mandates,
in
order
to
reduce
duplication
and
facilitate
compliance
by
State,
local,
and
tribal
governments
with
those
mandates;
(
F)
establishing
common
Federal
definitions
or
standards
to
be
used
by
State,
local,
and
tribal
governments
in
complying
with
Federal
mandates
that
use
different
definitions
or
standards
for
the
same
terms
or
principles;
and
(
G)(
i)
the
mitigation
of
negative
impacts
on
the
private
sector
that
may
result
from
relieving
State,
local,
and
tribal
governments
from
Federal
mandates
(
if
and
to
the
extent
that
such
negative
impacts
exist
on
the
private
sector);
and
(
ii)
the
feasibility
of
applying
relief
from
Federal
mandates
in
the
same
manner
and
to
the
same
extent
to
private
sector
entities
as
such
relief
is
applied
to
State,
local,
and
tribal
governments;
and
(
4)
identify
and
consider
in
each
recommendation
made
under
paragraph
(
3),
to
the
extent
practicable­­
(
A)
the
specific
Federal
mandates
to
which
the
recommendation
applies,
including
requirements
of
the
departments,
agencies,
and
other
entities
of
the
Federal
Government
that
State,
local,
and
tribal
governments
utilize
metric
systems
of
measurement;
and
(
B)
any
negative
impact
on
the
private
sector
that
may
result
from
implementation
of
the
recommendation.

(
b)
Criteria.­­
(
1)
In
general.­­
The
Commission
shall
establish
criteria
for
making
recommendations
under
subsection
(
a).
(
2)
Issuance
of
proposed
criteria.­­
The
Commission
shall
issue
proposed
criteria
under
this
subsection
no
later
than
60
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.­­
No
later
than
45
days
after
the
date
of
issuance
of
proposed
criteria,
the
Commission
shall­­
(
A)
consider
comments
on
the
proposed
criteria
received
under
paragraph
(
2);
[[
Page
109
STAT.
69]]
(
B)
adopt
and
incorporate
in
final
criteria
any
recommendations
submitted
in
those
comments
that
the
Commission
determines
will
aid
the
Commission
in
carrying
out
its
duties
under
this
section;
and
(
C)
issue
final
criteria
under
this
subsection.

(
c)
Preliminary
Report.­­
(
1)
In
general.­­
No
later
than
9
months
after
the
date
of
the
enactment
of
this
Act,
the
Commission
shall­­
<<
NOTE:
Publication.>>
(
A)
prepare
and
publish
a
preliminary
report
on
its
activities
under
this
title,
including
preliminary
recommendations
pursuant
to
subsection
(
a);
<<
NOTE:
Federal
Register,
publication.>>
(
B)
publish
in
the
Federal
Register
a
notice
of
availability
of
the
preliminary
report;
and
<<
NOTE:
Public
information.>>
(
C)
provide
copies
of
the
preliminary
report
to
the
public
upon
request.
(
2)
Public
hearings.­­
The
Commission
shall
hold
public
hearings
on
the
preliminary
recommendations
contained
in
the
preliminary
report
of
the
Commission
under
this
subsection.

(
d)
Final
Report.­­
No
later
than
3
months
after
the
date
of
the
publication
of
the
preliminary
report
under
subsection
(
c),
the
Commission
shall
submit
to
the
Congress,
including
the
Committee
on
Government
Reform
and
Oversight
of
the
House
of
Representatives,
the
Committee
on
Governmental
Affairs
of
the
Senate,
the
Committee
on
the
Budget
of
the
Senate,
and
the
Committee
on
the
Budget
of
the
House
of
Representatives,
and
to
the
President
a
final
report
on
the
findings,
conclusions,
and
recommendations
of
the
Commission
under
this
section.
(
e)
Priority
to
Mandates
That
Are
Subject
of
Judicial
Proceedings.­­
In
carrying
out
this
section,
the
Advisory
Commission
shall
give
the
highest
priority
to
immediately
investigating,
reviewing,
and
making
recommendations
regarding
Federal
mandates
that
are
the
subject
of
judicial
proceedings
between
the
United
States
and
a
State,
local,
or
tribal
government.
(
f)
Definition.­­
For
purposes
of
this
section
the
term
  
State
mandate''
means
any
provision
in
a
State
statute
or
regulation
that
imposes
an
enforceable
duty
on
local
governments,
the
private
sector,
or
individuals,
including
a
condition
of
State
assistance
or
a
duty
arising
from
participation
in
a
voluntary
State
program.

SEC.
303.
<<
NOTE:
2
USC
1553.>>
SPECIAL
AUTHORITIES
OF
ADVISORY
COMMISSION.

(
a)
Experts
and
Consultants.­­
For
purposes
of
carrying
out
this
title,
the
Advisory
Commission
may
procure
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
agency
may
detail,
on
a
reimbursable
basis,
any
of
the
personnel
of
that
department
or
agency
to
the
Advisory
Commission
to
assist
it
in
carrying
out
this
title.
(
c)
Administrative
Support
Services.­­
Upon
the
request
of
the
Advisory
Commission,
the
Administrator
of
General
Services
shall
provide
to
the
Advisory
Commission,
on
a
reimbursable
basis,
the
administrative
support
services
necessary
for
the
Advisory
Commission
to
carry
out
its
duties
under
this
title.
(
d)
Contract
Authority.­­
The
Advisory
Commission
may,
subject
to
appropriations,
contract
with
and
compensate
government
[[
Page
109
STAT.
70]]
and
private
persons
(
including
agencies)
for
property
and
services
used
to
carry
out
its
duties
under
this
title.

SEC.
304.
<<
NOTE:
2
USC
1554.>>
ANNUAL
REPORT
TO
CONGRESS
REGARDING
FEDERAL
COURT
RULINGS.

No
later
than
4
months
after
the
date
of
enactment
of
this
Act,
and
no
later
than
March
15
of
each
year
thereafter,
the
Advisory
Commission
on
Intergovernmental
Relations
shall
submit
to
the
Congress,
including
the
Committee
on
Government
Reform
and
Oversight
of
the
House
of
Representatives
and
the
Committee
on
Governmental
Affairs
of
the
Senate,
and
to
the
President
a
report
describing
any
Federal
court
case
to
which
a
State,
local,
or
tribal
government
was
a
party
in
the
preceding
calendar
year
that
required
such
State,
local,
or
tribal
government
to
undertake
responsibilities
or
activities,
beyond
those
such
government
would
otherwise
have
undertaken,
to
comply
with
Federal
statutes
and
regulations.

SEC.
305.
<<
NOTE:
2
USC
1555.>>
DEFINITION.

Notwithstanding
section
3
of
this
Act,
for
purposes
of
this
title
the
term
  
Federal
mandate''
means
any
provision
in
statute
or
regulation
or
any
Federal
court
ruling
that
imposes
an
enforceable
duty
upon
State,
local,
or
tribal
governments
including
a
condition
of
Federal
assistance
or
a
duty
arising
from
participation
in
a
voluntary
Federal
program.

SEC.
306.
<<
NOTE:
2
USC
1556.>>
AUTHORIZATION
OF
APPROPRIATIONS.

There
are
authorized
to
be
appropriated
to
the
Advisory
Commission
to
carry
out
section
301
and
section
302,
$
500,000
for
each
of
fiscal
years
1995
and
1996.

TITLE
IV­­
JUDICIAL
REVIEW
SEC.
401.
<<
NOTE:
2
USC
1571.>>
JUDICIAL
REVIEW.

(
a)
Agency
Statements
on
Significant
Regulatory
Actions.­­
(
1)
In
general.­­
Compliance
or
noncompliance
by
any
agency
with
the
provisions
of
sections
202
and
203(
a)
(
1)
and
(
2)
shall
be
subject
to
judicial
review
only
in
accordance
with
this
section.
(
2)
Limited
review
of
agency
compliance
or
noncompliance.­­
(
A)
Agency
compliance
or
noncompliance
with
the
provisions
of
sections
202
and
203(
a)
(
1)
and
(
2)
shall
be
subject
to
judicial
review
only
under
section
706(
1)
of
title
5,
United
States
Code,
and
only
as
provided
under
subparagraph
(
B).
(
B)
If
an
agency
fails
to
prepare
the
written
statement
(
including
the
preparation
of
the
estimates,
analyses,
statements,
or
descriptions)
under
section
202
or
the
written
plan
under
section
203(
a)
(
1)
and
(
2),
a
court
may
compel
the
agency
to
prepare
such
written
statement.
(
3)
Review
of
agency
rules.­­
In
any
judicial
review
under
any
other
Federal
law
of
an
agency
rule
for
which
a
written
statement
or
plan
is
required
under
sections
202
and
203(
a)
(
1)
and
(
2),
the
inadequacy
or
failure
to
prepare
such
statement
(
including
the
inadequacy
or
failure
to
prepare
any
estimate,
analysis,
statement
or
description)
or
written
plan
shall
not
[[
Page
109
STAT.
71]]
be
used
as
a
basis
for
staying,
enjoining,
invalidating
or
otherwise
affecting
such
agency
rule.
(
4)
Certain
information
as
part
of
record.­­
Any
information
generated
under
sections
202
and
203(
a)
(
1)
and
(
2)
that
is
part
of
the
rulemaking
record
for
judicial
review
under
the
provisions
of
any
other
Federal
law
may
be
considered
as
part
of
the
record
for
judicial
review
conducted
under
such
other
provisions
of
Federal
law.
(
5)
Application
of
other
federal
law.­­
For
any
petition
under
paragraph
(
2)
the
provisions
of
such
other
Federal
law
shall
control
all
other
matters,
such
as
exhaustion
of
administrative
remedies,
the
time
for
and
manner
of
seeking
review
and
venue,
except
that
if
such
other
Federal
law
does
not
provide
a
limitation
on
the
time
for
filing
a
petition
for
judicial
review
that
is
less
than
180
days,
such
limitation
shall
be
180
days
after
a
final
rule
is
promulgated
by
the
appropriate
agency.
(
6)
Effective
date.­­
This
subsection
shall
take
effect
on
October
1,
1995,
and
shall
apply
only
to
any
agency
rule
for
which
a
general
notice
of
proposed
rulemaking
is
promulgated
on
or
after
such
date.

(
b)
Judicial
Review
and
Rule
of
Construction.­­
Except
as
provided
in
subsection
(
a)­­
(
1)
any
estimate,
analysis,
statement,
description
or
report
prepared
under
this
Act,
and
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;
and
(
2)
no
provision
of
this
Act
shall
be
construed
to
create
any
right
or
benefit,
substantive
or
procedural,
enforceable
by
any
person
in
any
administrative
or
judicial
action.

Approved
March
22,
1995.

1.
