Pub.L. 104-40 To authorize the collection of fees for expenses for triploid grass carp certification inspections, and for other purposes. <> ...

	Web GovRecords.org

<DOC>


                  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 

Other Popular 104th Congressional Public Laws Documents:

Other Documents:

104th Congressional Public Laws Records and Documents