Unfunded Mandates Reform Act of 1995

TABLE OF CONTENTS: Title I: Legislative Accountability and Reform Title II: Regulatory Accountability and Reform Title III: Review of Federal Mandates Title IV: Judicial Review Unfunded Mandates Reform Act of 1995 - Prohibits the application of this Act to any provision in legislation before the Congress or 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 age, race, color, religion, sex, national origin, 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; (5) is necessary for the national security or the ratification or implementation of treaty obligations; (6) is designated as emergency legislation or is necessary for national security or international treaty purposes; or (7) relates to old-age, survivors and disability insurance. Title I: Legislative Accountability and Reform - Amends the Congressional Budget and Impoundment Control Act of 1974 with respect to unfunded Federal mandates, with applicability limited as above. (Sec. 101) Includes tribal governments and the private sector within the purview of mandate analysis by the Congressional Budget Office (CBO) and congressional committees. Requires authorization committees to provide the CBO Director with any legislation ordered to be reported, identifying any Federal mandate in it and including certain information in the report accompanying such legislation, information such as: (1) statements on whether the legislation is intended to preempt any State, local, or tribal law (and the effect of such preemption); (2) individual mandate descriptions; (3) cost-benefit analyses; and (4) statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires appropriate statements to be prepared by the CBO Director for legislation passed or reported by a conference committee in an amended form with a mandate not previously considered or with an increase in the direct cost of a previously considered mandate. Requires the CBO Director, for each piece of reported legislation, to prepare and submit to the authorizing committee when feasible certain statements estimating the direct costs of mandate compliance and the amount of authorization or budget authority for new or increased Federal financial assistance provided to State, local, or tribal governments to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $100 million per fiscal year direct cost of private sector mandates. Requires the CBO Director to report on the reasons where it is not feasible to make such estimates in appropriate cases. Makes it out of order for the House or Senate to consider: (1) any reported legislation unless it has a CBO Director report (not including supplemental statements); or (2) any reported legislation that would increase the direct costs of Federal intergovernmental mandates by an amount that exceeds applicable thresholds, unless it provides new budget, entitlement, or direct spending authority or includes an authorization of appropriations in an amount equal to or exceeding the direct costs of the mandate and makes other specified arrangements for each fiscal year with regards to the mandate. Disallows the application of such provisions to any appropriations legislation, with certain exceptions for any legislative provision increasing direct costs of a Federal intergovernmental mandate in any legislation reported by an appropriations committee. Makes it out of order in the House to consider a rule or order that waives the application of such provisions. Provides for the disposition of points of order. Provides that at the request of a Senator, the CBO Director shall, to the extent practicable, prepare an estimate of the direct costs of a Federal intergovernmental mandate contained in an amendment of the Senator. Specifies that the above outlined provisions added by this Act to the Congressional Budget and Impoundment Control Act of 1974 apply 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 would result in a: (1) 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) net increase in the aggregate amount of direct costs of Federal intergovernmental mandates or Federal private sector mandates other than as described above. (Sec. 102) Amends the Congressional Budget and Impoundment Control Act of 1974 to provide that, upon an appropriate request, the CBO Director shall: (1) consult with and assist the committee in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study a legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering any legislative proposal establishing, amending, or reauthorizing any Federal program likely to have a significant impact on any State, local, or tribal government or on the private sector to include its views and estimates on that proposal to the applicable budget committee. (Sec. 103) Expresses the sense of the Congress that Federal agencies should review and evaluate planned regulations to ensure that the cost estimates provided by CBO will be carefully considered as regulations are promulgated. Declares that at the request of: (1) a committee chairman or ranking minority member, the CBO Director shall, if practicable, prepare a comparison between agency and CBO mandate cost estimates; (2) the CBO Director, the Director of the Office of Management and Budget (OMB), shall cooperate in providing mandate cost estimates and related data. (Sec. 104) Amends the Congressional Budget and Impoundment Control Act of 1974 to repeal existing requirements for CBO that mandate cost estimates that are superseded by this Act. (Sec. 106) Expresses the sense of the Senate that: (1) the Federal Government should not shift certain costs to the States, and States should end the practice of shifting costs to local governments; (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) Amends House rules with regard to the Committee of the Whole and Committee on Rules: (1) to make it always in order in the former, unless specifically waived according to the rule governing consideration of that measure, to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points of order relating to Federal mandates. (Sec. 109) Authorizes appropriations to CBO. Title II: Regulatory Accountability and Reform - Requires each Federal agency, unless otherwise prohibited by law, to 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) Requires Federal agencies, unless otherwise prohibited by law, to prepare written statements 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 State, local, or tribal government and private sector expenditures, in the aggregate, of $100 million or more in any one year, and before promulgating any final rule for which a general notice of proposed rulemaking was published. Requires such statement to: (1) identify the provision of Federal law under which the rule is being promulgated; and (2) contain specified estimates and analyses. (Sec. 203) Requires agencies to have developed an appropriate plan for notifying affected small governments of applicable regulatory requirements and allowing officials of such governments to provide input on the development of regulatory proposals with intergovernmental mandates before establishing any regulatory requirements having a potential significant or unique affect on small governments. Authorizes appropriations. (Sec. 204) Directs each agency, to the extent permitted in law, to permit elected officials and other representatives of State, local, and tribal governments to provide input on development of regulatory proposals containing significant Federal intergovernmental mandates. (Sec. 205) Provides that, with certain exceptions, before an agency promulgates any rule for which a written statement above is required, it must select the least costly, most cost-effective, or least burdensome regulatory alternative for achieving the rule's objectives. Requires the OMB Director to certify to the Congress agency compliance with such provisions and include in such certification agencies and rulemakings that fail to adequately comply. Directs the OMB Director to: (1) collect agency statements prepared above for forwarding to the CBO Director after promulgation of the general notice of proposed rulemaking or of the final rule for which the statement was prepared; (2) establish pilot programs in at least two agencies to test innovative approaches for reducing reporting and compliance burdens on small governments; and (3) submit annual reports to the Congress on agency compliance with this title. Title III: Review of Federal Mandates - Directs the Advisory Commission on Intergovernmental Relations to: (1) study the issues involved in calculating the total costs and benefits to State, local, and tribal governments of compliance with Federal laws; (2) investigate and review the role of Federal mandates in intergovernmental relations and their impact on State, local, tribal governments, the private sector, and on working men and women, as well as the role of unfunded State mandates on local governments; (3) make appropriate recommendations to the President and the Congress with regard to, among other things, allowing flexibility where the terms of compliance are unnecessarily rigid or complex and consolidating or simplifying Federal mandates in order to facilitate compliance; and (4) periodically submit to the Congress and the President a report on any Federal court case which required a State, local, or tribal government to undertake responsibilities or activities beyond those such government would otherwise have undertaken to comply with Federal law. (Sec. 306) Authorizes appropriations. Title IV: Judicial Review - Sets forth requirements for judicial review under this Act.

TABLE OF CONTENTS: Title I: Review of Unfunded Federal Mandates Title II: Regulatory Accountability and Reform Title III: Legislative Accountability and Reform Unfunded Mandate Reform Act of 1995 - Prohibits the application of this Act to any provision in a Federal statute or 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, religion, gender, national origin, or handicapped or disability status; (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; (5) is designated as emergency legislation or is necessary for national security or international treaty purposes; or (6) pertains to social security. Title I: Review of Unfunded Federal Mandates - Directs the Advisory Commission on Intergovernmental Relations to investigate and review the role of: (1) unfunded Federal mandates in intergovernmental relations and their impact on State, local, tribal, and Federal Government objectives and responsibilities, on the competitive balance between States, local and tribal governments, on the private sector, and on working men and women; (2) unfunded State mandates imposed on local governments, the private sector, and individuals; and (3) unfunded local mandates imposed on the private sector and individuals. (Sec. 101) Requires the Commission to make recommendations to the President and the Congress with regard to: (1) allowing flexibility where the terms of compliance are unnecessarily rigid or complex; (2) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance; (3) terminating unfunded mandates which are duplicative, obsolete, or lacking in practical utility; (4) temporarily suspending those unfunded mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments; and (5) establishing procedures to ensure that any relief from unfunded Federal mandates does not increase private sector burdens, and is applied to any private sector entities competing with State, local, and tribal governments in providing substantially similar goods or services to the public in the same manner and to the same extent as it is to such governments. Title II: Regulatory Accountability and Reform - Requires each Federal agency to: (1) assess the effects of Federal regulations on State, local, and tribal governments and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in legislation), including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities or the private sector, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to permit elected officials and other representatives of State, local, and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates. Requires each agency, before establishing regulatory requirements, to develop plans for: (1) notifying small governments of such requirements; and (2) enabling their officials to provide appropriate input into the regulatory process. Prohibits an agency from issuing a rule that contains a Federal mandate if the rulemaking record indicates two or more methods that could be used to accomplish the objective of the rule, unless: (1) the Federal mandate is the least costly method, or has the least burdensome effect, for State, local or tribal governments, and the private sector; or (2) the agency explains why the more costly or burdensome method of the Federal mandate was adopted. (Sec. 202) Requires Federal agencies to prepare written statements before promulgating any final rule, or issuing a notice of proposed rulemaking likely to result in promulgation of a rule, containing a Federal mandate that may result in State, local, or tribal government and private sector expenditures, in the aggregate, of $100 million or more in any one year. Requires such statement to: (1) identify the provision of Federal law under which the rule is being promulgated; and (2) contain specified estimates and analyses. (Sec. 204) Directs the Director of the Office of Management and Budget (OMB) to establish pilot programs in at least two agencies to test innovative approaches for reducing reporting and compliance burdens on small governments. (Sec. 205) Requires annual Commission reports to the President and the Congress on Federal court rulings in the preceding calendar year which impose an enforceable duty on one or more State, local, or tribal governments. (Sec. 206) Allows judicial review of agency actions only if such actions are subject to review under other Federal law. Limits preliminary injunctive relief. (Sec. 207) Requires the OMB Director to submit annual reports to the Congress on agency compliance with this title. Title III: Legislative Accountability and Reform - Amends the Congressional Budget Act of 1974 with respect to unfunded Federal mandates, with applicability limited in the same manner as indicated before title I. (Sec. 301) Includes tribal governments and the private sector within the purview of mandate analysis by CBO and congressional committees. Requires authorization committees to provide the CBO Director with the text of any legislation ordered to be reported, identifying any Federal mandate in it. Requires the report accompanying any reported legislation with a Federal mandate to contain certain information, including statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost-benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of reported legislation, to prepare and submit to the authorizing committee certain statements estimating the direct costs of mandate compliance and the amount of authorization or budget or entitlement authority for new or increased Federal financial assistance provided to State, local, or tribal governments to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $50 million per fiscal year direct cost of private sector mandates. Requires the CBO Director to inform the committee of any Federal intergovernmental estimate of which it is not feasible to make a reasonable estimate. Subjects any legislation without estimates to a point of order. Requires supplemental statements to be prepared by the CBO Director for legislation reported or passed in an amended form. Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing any proposed legislation that may have a significant budgetary impact on State, local, or tribal governments or significant financial or employment impact on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering any legislative proposal establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on any State, local, or tribal government or financial impact on the private sector to provide its views and estimates on that proposal to the applicable budget committee. Authorizes appropriations for FY 1996 through 2002 to CBO to carry out this title. Makes it out of order for the House or Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report (not including supplemental statements); or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that all direct costs of such mandates are provided for in order for them to be effective, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Makes it out of order in the House to consider a rule or order that waives the application of such provisions. Declares that any bill, joint resolution, amendment, or conference report reauthorizing appropriations shall not be out of order if its enactment: (1) would not result in a net increase in the aggregate amount of direct costs of Federal intergovernmental mandates; and (2) would not result in a net reduction or elimination of authorizations of appropriations for Federal financial assistance to State, local, or tribal governments for use in complying with any Federal intergovernmental mandate (or, in the case of any such net reduction or elimination, would reduce the duties imposed by the Federal intergovernmental mandate by a corresponding amount). Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by the appropriate congressional budget committee. Provides for the disposition of points of order. (Sec. 302) Amends House rules with regard to the Committee of the Whole and Committee on Rules: (1) to make it always in order in the former, unless specifically waived according to the rule governing consideration of that measure, to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points or order relating to Federal mandates. (Sec. 305) Repeals the State and Local Government Cost Estimate Act of 1981.

TABLE OF CONTENTS: Title I: Legislative Accountability and Reform Title II: Regulatory Accountability and Reform Title III: Review of Unfunded Federal Mandates Title IV: Judicial Review Unfunded Mandate Reform Act of 1995 - Prohibits the application of this Act to any proposed Federal legislation or proposed or final Federal regulation that: (1) enforces the constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit various specified types of discrimination; (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 (small government); or (5) is designed as emergency legislation or is necessary for national security or international treaty purposes. Requires each Federal agency to provide to the Director of the Congressional Budget Office (CBO) such information and assistance as the Director may reasonably request to assist him or her in carrying out this Act. Title I: Legislative Accountability and Reform - Amends the Congressional Budget and Impoundment Control Act of 1974 and the Congressional Budget Act of 1974 with respect to unfunded Federal mandates. (Sec. 101) Includes tribal governments and the private sector within the purview of mandate analysis by CBO and congressional committees. Requires authorization committees to identify to CBO any Federal mandates in legislation ordered to be reported. Requires the report accompanying any reported legislation with a Federal mandate to contain statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost-benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit the authorizing committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $200 million per fiscal year direct cost of private sector mandates. Makes it out of order for the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Gives the House Committee on Government Reform and Oversight and the Senate Committee on Governmental Affairs final authority to determine questions on the applicability of this Act to pending bills, joint resolutions, amendments, motions, or conference reports. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 102) Amends House rules with regard to the Committee of the Whole and Committee on Rules: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points of order relating to Federal mandates. (Sec. 103) Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering any legislative proposal establishing, amending, or reauthorizing any Federal program likely to have a significant impact on any State, local, or tribal government or on the private sector to include its views and estimates on that proposal to the applicable budget committee. (Sec. 104) Authorizes appropriations to CBO to carry out this Act. (Sec. 106) Repeals the State and Local Government Cost Estimate Act of 1981. Title II: Regulatory Accountability and Reform - Requires each Federal agency to: (1) assess the effects of Federal regulations on State, local, and tribal governments (other than to the extent that such regulations incorporate requirements specifically set forth in legislation) and the private sector, including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to permit elected officials and other representatives of State, local, and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal mandates. Requires each agency: (1) before establishing regulatory requirements, to develop plans for notifying small governments of such requirements; and (2) before promulgating any final rule that includes any Federal intergovernmental mandate that may result in State, local, or tribal government and private sector expenditures, in the aggregate, of $100 million or more in any one year, to prepare a written statement of specified estimates and analyses for forwarding to the CBO Director. Authorizes appropriations. (Sec. 204) Directs the Director of the Office of Management and Budget to establish pilot programs in at least two agencies to test innovative approaches to reducing reporting and compliance burdens on small governments. Title III: Review of Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on local, State, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance by State, local, and tribal governments, especially with respect to specific mandates for which the terms of compliance are unnecessarily rigid or complex; (2) terminating unfunded mandates which are duplicative, obsolete, or lacking in practical utility; and (3) temporarily suspending those unfunded mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 307) Authorizes appropriations. Title IV: Judicial Review - Disallows judicial review under this Act.