Tom Harkin: “I thank the Senator. It is also my understanding that the Unfunded Mandates Reform Act of 1995 includes a definition of…”

“I thank the Senator. It is also my understanding that the Unfunded Mandates Reform Act of 1995 includes a definition of the term Federal intergovernmental mandate and this definition explicitly excludes discretionary grant programs--except certain entitlement programs--that is, any provision in a bill or joint resolution that includes a condition of Federal assistance or a duty arising from participation in a voluntary Federal program. IDEA is a voluntary discretionary Federal program. Therefore, it is my understanding that IDEA is not subject to the provisions of the Unfunded Mandates Reform Act of 1995 because it is not considered a Federal intergovernmental mandate. Is my understanding correct?”