[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 1 Enrolled Bill (ENR)]
S.1
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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

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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;
(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.

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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.

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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)).

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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.

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TITLE I

-LEGISLATIVE ACCOUNTABILITY AND REFORM

The Congressional Budget and Impoundment Control Act of 1974 is
amended--
(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--
``(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
``(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
(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.''.

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(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).

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Section 403 of the Congressional Budget and Impoundment Control Act
of 1974 is amended--
(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).

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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 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.

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(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.

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(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.

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The provisions of sections 101 and 107 are enacted by Congress--
(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.

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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.

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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.

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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).

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TITLE II

-REGULATORY ACCOUNTABILITY AND REFORM

(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
(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).

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(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.

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(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 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.

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(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.

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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.

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(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.

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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.

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

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(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.

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TITLE III

-REVIEW OF FEDERAL MANDATES

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;
(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);
(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--
(A) prepare and publish a preliminary report on its
activities under this title, including preliminary
recommendations pursuant to subsection (a);
(B) publish in the Federal Register a notice of
availability of the preliminary report; and
(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.

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(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 and private
persons (including agencies) for property and services used to carry
out its duties under this title.

09c67b625ad65509809e0e57f4655ec8410eab8b110c94e7c8e5f86553f9d459

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.

5801f9226bf29e0f8bda834cdc60a9a682169ec7a5e0fce1cd7f6dcfec61407d

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.

5d888b8db656a290cc965e9a54592bfd20254b354e4d8a9a0e417e56a3245ada

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.

c100fcffee5e46e99660ee0c0085e23215f7215e89bdeb99f547a2cdb34db3db

(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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

Unfunded Mandates Reform Act of 1995

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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