Advisory Commission on Intergovernmental Relations

Lightening the Load

The ACIR Conference on Federal Mandates

March 6-7, 1996 at the Washington Hilton Hotel

Overview

ACIR recently hosted its most successful conference ever. Lightening the Load - The ACIR Conference on Federal Mandates, was a two day affair that featured addresses by some of the nation's most outspoken proponents and opponents of mandate reform, and seminars and workshops focusing on various aspects of federal mandate reform. Conference attendees, who numbered more than 200, had the following to say about the conference's seminars and workshops:

It was very educational and concice.
I was pleased that so much time was given to explain what ACIR was about and the issues they would deal with.
The issues surrounding implemantation of S1, the Mandate Relief Act, involve investigation of mandates' effects and inclusion of these considerations into policy processes/rulemaking. This session's [March 6 Plenary] overview represents a good beginning to understanding the process of compiling and feeding information up through the policy process.
There was a well balanced discussion with a good mix/representation (broad based) on issues to interest to a lot of people.
I was very impressed with how well-prepared each speaker was.
Speakers addressed issues succinctly and provided different perspectives.
Good discussion of the difficulties of mandates.
EXCELLENT!!
The composition of the panel [Workshop 3 - Individual Rights] was excellent in terms of providing clarity on the issues relevant to the ACIR Report recommendations.
[The f]orum format [was] encouraging to interaction between panelists and attendees.
The panelists covered all that was on my mind, and the questions from the audience were very appropriate.
BRAVO!!
Lively and Informative
Fabulous Session [Seminar 4] - Well balanced, excelent presentations.
Some very helpful information and thought proviking ideas! A real interest on all levels to get back to the real issue of good communication.
I would recommend that meetings like this be convened in regions with representation from a variety of orgainzations and entities - including non-for-profit organizations and agencies, many of whom have the job of implementing mandates without funds being adequately allocated. In addition - having regional meetings might encourage more collaboration in problem solving - More discussion needs to take place on relationships between Federal, State, and Regional governments.
It exceded my expectations. The Q and A session was exceptionally good.

Included below is a conference summary, which details conference's schedule and lists the people involved in the various events. Audio transcripts of the conference will be made available through ACIR. To find out more, e-mail ACIR at acir@erols.com.

Conference Summary

Wednesday, March 6, 1996




7:30 am  		Registration



8:30-8:45  		Welcome - Hon. William F. Winter, ACIR Chairman



8:45 - 9:15  		Plenary Session

Introduction - Hon. William F. Winter, ACIR Chairman
A New Approach to Congressional Legislation - Hon. Dirk Kempthorne, U.S. Senate




9:15 - 10:30 	Introduction - Hon. William F. Winter, ACIR Chairman

Intergovernmental Principles Emerging from ACIR's Mandate Studies - Hon. Richard Nathan, Director, Rockefeller Institute of Public Affairs and Policy




10:30 - 10:45 		Break



10:45 - 12:15 pm 	Concurrent Seminars

1. Efforts to Relieve Mandate and Regulatory Burdens on State and Local Governments: In addition to the Federal Unfunded Mandate Reform Act of 1995, there are additional Congressional and Administration efforts to lessen regulatory burdens on state and local governments. There are also similar state efforts to reduce mandate burdens on local governments. This seminar will:; Discuss Congressional and Federal agency efforts related to regulatory relief.; Discuss state efforts at mandate relief for local governments.; Look at the influence that Federal mandates have on state regulatory processes.
Moderator:: Hon. Bruce M. Todd, Mayor, City of Austin, TX
Panelists:: Robert E. Greenwood, Commonwealth of Pennsylvania; Marsha Hosack, Florida ACIR; Thomas E. Kelly, Environmental Protection Agency; John Norman, Tennessee ACIR; Sebastian O'Kelly, Senate Committee on Governmental Affairs; Kristine Simmons, House Committee on Reform and Oversight

2. Measuring the Costs and Benefits of Mandates The Unfunded Mandates Reform Act of 1995 requires ACIR to study the techniques used to assess the costs, benefits, and feasibility of federal mandates. During this seminar, panels of federal, state, and local representatives will:

Review the current methods used to assess regulation.

Discuss the feasibility, approaches, and issues in measuring the costs and benefits of federal mandates.

Moderator:: Lawrence J. Halloran, Staff Director and Counsel, House Subcommittee on Human Resources and Intergovernmental Relations
Panelists:: Dr. Timothy Conlan, George Mason University; Dr. Adam M. Finkel, U.S. Department of Labor; Theresa Gullo, Congressional Budget Office; Albert Mc Gartland, Environmental Protection Agency; John Ross, Department of Housing and Urban Development; David Russell, Connecticut ACIR; Max Sawicky, Economic Policy Institute




12:30 - 2:15 	Luncheon

EPA's Partnership with State and Local Governments - Shelley Metzenbaum, Environmental Protection Agency




2:30 - 4:45 	Concurrent Workshops

Workshops 1 through 4 will present the findings and recommendations of ACIR's preliminary report on the effects of existing federal mandates on sate and local governments. Each workshop will be moderated by an ACIR Commission member, providing attendees the opportunity to directly communicate their views. Panels will also include members of the public, private, and non-profit sectors who will:

Offer comments on ACIR's preliminary findings and recommendations.

Present materials supporting their individual positions.

Respond to the comments and questions of those who wish to participate in an open discussion.

1. Environmental Mandates

Moderator:: Hon. Gregory Lashutka, Mayor, City of Columbus, OH
Panelists:: John Cruden, U.S. Department of Justice; Robert Davison, U.S. Department of the Interior; Blake Early, American Lung Association; Robert Mulready, City of Lewiston, ME; Erik D. Olson, Natural Resources Defense Council; Robert E. Roberts, The Environmental Council of the States

2. Labor Mandates

Moderator:: Hon. Randall Franke, Commissioner, Marion County, OR
Panelists:: Steve Halford, Anne Arundel County, MD; Marc Lampkin, House Committee on Economic and Educational Opportunity; Donna Lenhoff, Women's Legal Defense Fund; Jeannine Markoe, Government Finance Officers Association; Vince Treacy, Congressional Research Service, Library of Congress

3. Individual Rights Mandates

Moderator:: Hon. William F. Winter, ACIR Chairman
Panelists:: Chai Feldblum, Esq., Georgetown University Law Center; Judith E. Heumann, U.S. Department. of Education; James L. Martin, National Governors' Association; Michael Resnick, National School Boards Association; John L. Wodatch, U.S. Department of Justice




5:00 - 6:00 	Reception 



6:00 - 8:00 	Dinner

Introduction - Hon. William F. Winter, ACIR Chairman
A Future Agenda for Rebalancing American Federalism - Hon. Michael Leavitt, Governor, Utah

Thursday, March 7, 1996




7:00 am 		Registration



7:30 - 9:30 	Breakfast

What Will Happen in the Congress After ACIR Submits Its Mandate Report? - Hon. Christopher Shays, Chairman, House Subcommittee on Human Resources and Intergovernmental Relations




9:45 - 10:30 	Plenary Session

Introduction - Hon. William F. Winter, ACIR Chairman
Hon. Rob Portman, U.S. House of Representatives
Hon. James P. Moran, U.S. House of Representatives




10:30 - 10:45 	Break 



10:45 -12:15 pm 	Concurrent Seminars

3. The Need for Mandate Relief for the Private Sector: The Unfunded Mandate Reform Act of 1995 largely addresses mandates on state and local governments. The act requires that ACIR's studies look at how efforts to relieve the burdens on state and local governments may impact the private sector, and whether similar relief efforts can be extended to the private sector. This seminar will:; Examine how to mitigate the effects of state and local mandate relief efforts on the private sector.; Look at how similar relief may be extended to the private sector.
Moderator:: Thomas W. Bradshaw, Smith-Barney
Panelists:: George Balog, City of Baltimore, MD, Department of Public Works; Richard Mudge, Apogee Research; Hon. David McIntosh, U.S. House of Representatives (Represented)
4. The Future Federal Role After Current Reforms Are Implemented: Once current reforms are implemented, the federal role will change dramatically. This change will be accelerated by current mandate and regulatory reforms, proposals to transfer federal programs to state and local governments, and the growth of block grants. Panelists from federal, state, and local governments will:; Discuss what the future federal role should be.; Review the effects of federal agencies migrating from micromanagement-style regulation to regulation by performance goals and measures.
Moderator:: Paul L. Posner, Director, Budget Issues, Government Accounting Office
Panelists:: David R. Beam, Illinois Institute of Technology, School of Public Administration
Panelists:: Steve Gold, Urban Institute; James L. Martin, National Governors' Association; Robert Perciasepe, Environmental Protection Agency




12:30 - 2:15 	Luncheon

CBO's Approach to Its Responsibilities Under the Unfunded Mandate Reform Act of 1995 - Paul N. Van De Water, Congressional Budget Office




2:30 - 4:45 	Concurrent Workshops

4. Health, Transportation and Metric Mandates

Moderator:: Hon. Art Hamilton, Minority Leader, Arizona House of Representatives
Panelists:: Don Johnson, U.S. Department of Health and Human Services; Frank E. Kruesi, U.S. Department of Transportation; Rick Stadelman, National Association of Towns and Townships; Lorelle Young, U.S. Metric Association

5. Impact of Judicial Mandates and Litigation on State and Local Governments In addition to Federal statutory and regulatory burdens, state and local governments face a serious burden resulting from judicial mandates and litigation involving Federal law and regulations. Topics will include a discussion of:

ACIR's inventory of Federal court decisions for 1994 that imposed mandates on state and local governments.

The "common issues" contained in ACIR's Preliminary Mandates Report involving litigation against state and local governments arising from Federal law or regulations.

Moderator:: Hon. Victor Ashe, Mayor, City of Knoxville, TN
Panelists:: Dr. Robert Brauneis, George Washington University, National Law Center; Bruce Brennan, District of Columbia; Elizabeth M. Osenbaugh, U.S. Department of Justice; Robert Van Heuvelen, Environmental Protection Agency

6. Consolidating, Standardizing and Simplifying Federal Regulations for State and Local Governments Part of the Federal mandate burden on state and local governments involves issues that cut across Federal programs, and are a particular problem for smaller local governments. Topics will include a discussion of:

Issues related to and suggestions for consolidating, standardizing and simplifying Federal programs and regulations.

Particular problems related to smaller local governments, and what might be done in this regard.

Moderator:: Hon. John H. Stroger, Jr., President, Cook County Commissioners, IL
Panelists:: Rick Chapman, Two Rivers Regional Council of Public Officials, Quincy, IL; Elizabeth Lohah Homer, U.S. Department of the Interior, Office of the American Indian Trust; Chandra Western, Council of State Community Development Agencies; Jeff Yost, Nebraska Department of Environmental Quality

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