US (United States) Code. Title 2. Chapter 25: Unfunded mandates reform

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Congress

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-CITE-

2 USC CHAPTER 25 - UNFUNDED MANDATES REFORM 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

.

-HEAD-

CHAPTER 25 - UNFUNDED MANDATES REFORM

-MISC1-

Sec.

1501. Purposes.

1502. Definitions.

1503. Exclusions.

1504. Agency assistance.

SUBCHAPTER I - LEGISLATIVE ACCOUNTABILITY AND REFORM

1511. Cost of regulations.

(a) Sense of Congress.

(b) Statement of cost.

(c) Cooperation of Office of Management and Budget.

1512. Consideration for Federal funding.

1513. Impact on local governments.

(a) Findings.

(b) Sense of Senate.

1514. Enforcement in House of Representatives.

(a) Omitted.

(b) Committee on Rules reports on waived points of

order.

1515. Exercise of rulemaking powers.

1516. Authorization of appropriations.

SUBCHAPTER II - REGULATORY ACCOUNTABILITY AND REFORM

1531. Regulatory process.

1532. Statements to accompany significant regulatory actions.

(a) In general.

(b) Promulgation.

(c) Preparation in conjunction with other statement.

1533. Small government agency plan.

(a) Effects on small governments.

(b) Authorization of appropriations.

1534. State, local, and tribal government input.

(a) In general.

(b) Meetings between State, local, tribal and Federal

officers.

(c) Implementing guidelines.

1535. Least burdensome option or explanation required.

(a) In general.

(b) Exception.

(c) OMB certification.

1536. Assistance to Congressional Budget Office.

1537. Pilot program on small government flexibility.

(a) In general.

(b) Program focus.

1538. Annual statements to Congress on agency compliance.

SUBCHAPTER III - REVIEW OF FEDERAL MANDATES

1551. Baseline study of costs and benefits.

(a) In general.

(b) Considerations.

1552. Report on Federal mandates by Advisory Commission on

Intergovernmental Relations.

(a) In general.

(b) Criteria.

(c) Preliminary report.

(d) Final report.

(e) Priority to mandates that are subject of judicial

proceedings.

(f) ''State mandate'' defined.

1553. Special authorities of Advisory Commission.

(a) Experts and consultants.

(b) Detail of staff of Federal agencies.

(c) Administrative support services.

(d) Contract authority.

1554. Annual report to Congress regarding Federal court rulings.

1555. ''Federal mandate'' defined.

1556. Authorization of appropriations.

SUBCHAPTER IV - JUDICIAL REVIEW

1571. Judicial review.

(a) Agency statements on significant regulatory

actions.

(b) Judicial review and rule of construction.

-CITE-

2 USC Sec. 1501 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

-HEAD-

Sec. 1501. Purposes

-STATUTE-

The purposes of this chapter 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.

-SOURCE-

(Pub. L. 104-4, Sec. 2, Mar. 22, 1995, 109 Stat. 48.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 104-4, Mar. 22, 1995, 109 Stat. 48, known as

the Unfunded Mandates Reform Act of 1995. For complete

classification of this Act to the Code, see Short Title note below

and Tables.

-MISC2-

SHORT TITLE

Section 1 of Pub. L. 104-4 provided that: ''This Act (enacting

this chapter and sections 658 to 658g of this title, amending

sections 602, 632, and 653 of this title, and enacting provisions

set out as notes under sections 1511 and 1531 of this title) may be

cited as the 'Unfunded Mandates Reform Act of 1995'.''

-CITE-

2 USC Sec. 1502 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

-HEAD-

Sec. 1502. Definitions

-STATUTE-

For purposes of this chapter -

(1) except as provided in section 1555 of this title, the terms

defined under section 658 of this title shall have the meanings

as so defined; and

(2) the term ''Director'' means the Director of the

Congressional Budget Office.

-SOURCE-

(Pub. L. 104-4, Sec. 3, Mar. 22, 1995, 109 Stat. 49.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1555 of this title.

-CITE-

2 USC Sec. 1503 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

-HEAD-

Sec. 1503. Exclusions

-STATUTE-

This chapter 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 (42 U.S.C. 401

et seq.) (including taxes imposed by sections 3101(a) and 3111(a)

of title 26 (relating to old-age, survivors, and disability

insurance)).

-SOURCE-

(Pub. L. 104-4, Sec. 4, Mar. 22, 1995, 109 Stat. 49.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in par. (7), is act Aug. 14,

1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is

classified generally to subchapter II (Sec. 401 et seq.) of chapter

7 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

-CITE-

2 USC Sec. 1504 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

-HEAD-

Sec. 1504. Agency assistance

-STATUTE-

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 chapter.

-SOURCE-

(Pub. L. 104-4, Sec. 5, Mar. 22, 1995, 109 Stat. 50.)

-CITE-

2 USC SUBCHAPTER I - LEGISLATIVE ACCOUNTABILITY AND

REFORM 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER I - LEGISLATIVE ACCOUNTABILITY AND REFORM

.

-HEAD-

SUBCHAPTER I - LEGISLATIVE ACCOUNTABILITY AND REFORM

-CITE-

2 USC Sec. 1511 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER I - LEGISLATIVE ACCOUNTABILITY AND REFORM

-HEAD-

Sec. 1511. Cost of regulations

-STATUTE-

(a) Sense of 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

1532 of this title, 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 (2 U.S.C.

658 et seq.).

-SOURCE-

(Pub. L. 104-4, title I, Sec. 103, Mar. 22, 1995, 109 Stat. 62.)

-REFTEXT-

REFERENCES IN TEXT

The Congressional Budget and Impoundment Control Act of 1974,

referred to in subsec. (c), is Pub. L. 93-344, July 12, 1974, 88

Stat. 297, as amended. Part B of title IV of the Act is classified

generally to part B (Sec. 658 et seq.) of subchapter II of chapter

17A of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 621 of this title

and Tables.

-MISC2-

EFFECTIVE DATE

Section 110 of title I of Pub. L. 104-4 provided that: ''This

title (enacting this subchapter and sections 658 to 658g of this

title and amending sections 602, 632, and 653 of 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

(section 1516 of this title), whichever is earlier and shall apply

to legislation considered on and after such date.''

-CITE-

2 USC Sec. 1512 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER I - LEGISLATIVE ACCOUNTABILITY AND REFORM

-HEAD-

Sec. 1512. Consideration for Federal funding

-STATUTE-

Nothing in this chapter 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 658d(a)(2) of this title 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.

-SOURCE-

(Pub. L. 104-4, title I, Sec. 105, Mar. 22, 1995, 109 Stat. 62.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 104-4, Mar. 22, 1995, 109 Stat. 48, known as

the Unfunded Mandates Reform Act of 1995. For complete

classification of this Act to the Code, see Short Title note set

out under section 1501 of this title and Tables.

-CITE-

2 USC Sec. 1513 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER I - LEGISLATIVE ACCOUNTABILITY AND REFORM

-HEAD-

Sec. 1513. Impact on local governments

-STATUTE-

(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 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 chapter 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.

-SOURCE-

(Pub. L. 104-4, title I, Sec. 106, Mar. 22, 1995, 109 Stat. 63.)

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2 USC Sec. 1514 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER I - LEGISLATIVE ACCOUNTABILITY AND REFORM

-HEAD-

Sec. 1514. Enforcement in House of Representatives

-STATUTE-

(a) Omitted

(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.

-SOURCE-

(Pub. L. 104-4, title I, Sec. 107, Mar. 22, 1995, 109 Stat. 63.)

-COD-

CODIFICATION

Section is comprised of section 107 of Pub. L. 104-4. Subsec. (a)

of section 107 of Pub. L. 104-4 amended the Rules of the House of

Representatives, which are not classified to the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1515 of this title.

-CITE-

2 USC Sec. 1515 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER I - LEGISLATIVE ACCOUNTABILITY AND REFORM

-HEAD-

Sec. 1515. Exercise of rulemaking powers

-STATUTE-

The provisions of sections 658 to 658g and 1514 of this title 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.

-SOURCE-

(Pub. L. 104-4, title I, Sec. 108, Mar. 22, 1995, 109 Stat. 63.)

-CITE-

2 USC Sec. 1516 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER I - LEGISLATIVE ACCOUNTABILITY AND REFORM

-HEAD-

Sec. 1516. Authorization of appropriations

-STATUTE-

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 subchapter.

-SOURCE-

(Pub. L. 104-4, title I, Sec. 109, Mar. 22, 1995, 109 Stat. 64.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original ''this

title'', meaning title I of Pub. L. 104-4, Mar. 22, 1995, 109 Stat.

50, which enacted this subchapter and sections 658 to 658g of this

title, amended sections 602, 632, and 653 of this title, and

enacted provisions set out as a note under section 1511 of this

title.

-CITE-

2 USC SUBCHAPTER II - REGULATORY ACCOUNTABILITY AND

REFORM 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER II - REGULATORY ACCOUNTABILITY AND REFORM

.

-HEAD-

SUBCHAPTER II - REGULATORY ACCOUNTABILITY AND REFORM

-CITE-

2 USC Sec. 1531 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER II - REGULATORY ACCOUNTABILITY AND REFORM

-HEAD-

Sec. 1531. Regulatory process

-STATUTE-

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).

-SOURCE-

(Pub. L. 104-4, title II, Sec. 201, Mar. 22, 1995, 109 Stat. 64.)

-MISC1-

EFFECTIVE DATE

Section 209 of title II of Pub. L. 104-4 provided that: ''This

title (enacting this subchapter) and the amendments made by this

title shall take effect on the date of the enactment of this Act

(Mar. 22, 1995).''

REGULATORY PLANNING AND REVIEW

For provisions stating regulatory philosophy and principles and

setting forth regulatory organization, procedures, and guidelines

for centralized review of new and existing regulations to make the

regulatory process more efficient, see Ex. Ord. No. 12866, Sept.

30, 1993, 58 F.R. 51735, set out as a note under section 601 of

Title 5, Government Organization and Employees.

-CITE-

2 USC Sec. 1532 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER II - REGULATORY ACCOUNTABILITY AND REFORM

-HEAD-

Sec. 1532. Statements to accompany significant regulatory actions

-STATUTE-

(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 1534 of

this title) 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) of this

section 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) of this section 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) of this section.

-SOURCE-

(Pub. L. 104-4, title II, Sec. 202, Mar. 22, 1995, 109 Stat. 64.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1511, 1535, 1536, 1571 of

this title; title 5 section 801.

-CITE-

2 USC Sec. 1533 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER II - REGULATORY ACCOUNTABILITY AND REFORM

-HEAD-

Sec. 1533. Small government agency plan

-STATUTE-

(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.

-SOURCE-

(Pub. L. 104-4, title II, Sec. 203, Mar. 22, 1995, 109 Stat. 65.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1571 of this title; title

5 section 801.

-CITE-

2 USC Sec. 1534 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER II - REGULATORY ACCOUNTABILITY AND REFORM

-HEAD-

Sec. 1534. State, local, and tribal government input

-STATUTE-

(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 March 22, 1995, the President shall

issue guidelines and instructions to Federal agencies for

appropriate implementation of subsections (a) and (b) of this

section consistent with applicable laws and regulations.

-SOURCE-

(Pub. L. 104-4, title II, Sec. 204, Mar. 22, 1995, 109 Stat. 65.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (b),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-EXEC-

DELEGATION OF AUTHORITY TO ISSUE GUIDELINES AND INSTRUCTIONS

Memorandum of President of the United States, Aug. 25, 1995, 60

F.R. 45039, provided:

Memorandum for the Director of the Office of Management and

Budget

By the authority vested in me as President by the Constitution

and laws of the United States, including section 204(c) of the

Unfunded Mandates Reform Act of 1995 (Public Law 104-4) (2 U.S.C.

1534(c)) and section 301 of title 3 of the United States Code, I

hereby delegate to the Director of the Office of Management and

Budget the authority vested in the President to issue the

guidelines and instructions to Federal agencies required by section

204(c) of that Act.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1532 of this title; title

5 section 801.

-CITE-

2 USC Sec. 1535 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER II - REGULATORY ACCOUNTABILITY AND REFORM

-HEAD-

Sec. 1535. Least burdensome option or explanation required

-STATUTE-

(a) In general

Except as provided in subsection (b) of this section, before

promulgating any rule for which a written statement is required

under section 1532 of this title, 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) of this section 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 March 22, 1995, 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.

-SOURCE-

(Pub. L. 104-4, title II, Sec. 205, Mar. 22, 1995, 109 Stat. 66.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 801.

-CITE-

2 USC Sec. 1536 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER II - REGULATORY ACCOUNTABILITY AND REFORM

-HEAD-

Sec. 1536. Assistance to Congressional Budget Office

-STATUTE-

The Director of the Office of Management and Budget shall -

(1) collect from agencies the statements prepared under section

1532 of this title; 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.

-SOURCE-

(Pub. L. 104-4, title II, Sec. 206, Mar. 22, 1995, 109 Stat. 66.)

-CITE-

2 USC Sec. 1537 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER II - REGULATORY ACCOUNTABILITY AND REFORM

-HEAD-

Sec. 1537. Pilot program on small government flexibility

-STATUTE-

(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.

-SOURCE-

(Pub. L. 104-4, title II, Sec. 207, Mar. 22, 1995, 109 Stat. 67.)

-CITE-

2 USC Sec. 1538 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER II - REGULATORY ACCOUNTABILITY AND REFORM

-HEAD-

Sec. 1538. Annual statements to Congress on agency compliance

-STATUTE-

No later than 1 year after March 22, 1995, 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 subchapter.

-SOURCE-

(Pub. L. 104-4, title II, Sec. 208, Mar. 22, 1995, 109 Stat. 67.)

-CHANGE-

CHANGE OF NAME

Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

-CITE-

2 USC SUBCHAPTER III - REVIEW OF FEDERAL MANDATES 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER III - REVIEW OF FEDERAL MANDATES

.

-HEAD-

SUBCHAPTER III - REVIEW OF FEDERAL MANDATES

-CITE-

2 USC Sec. 1551 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER III - REVIEW OF FEDERAL MANDATES

-HEAD-

Sec. 1551. Baseline study of costs and benefits

-STATUTE-

(a) In general

No later than 18 months after March 22, 1995, the Advisory

Commission on Intergovernmental Relations (hereafter in this

subchapter 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.

-SOURCE-

(Pub. L. 104-4, title III, Sec. 301, Mar. 22, 1995, 109 Stat. 67.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1556 of this title.

-CITE-

2 USC Sec. 1552 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER III - REVIEW OF FEDERAL MANDATES

-HEAD-

Sec. 1552. Report on Federal mandates by Advisory Commission on

Intergovernmental Relations

-STATUTE-

(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) of this section.

(2) Issuance of proposed criteria

The Commission shall issue proposed criteria under this

subsection no later than 60 days after March 22, 1995, 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 March 22, 1995, the Commission

shall -

(A) prepare and publish a preliminary report on its

activities under this subchapter, including preliminary

recommendations pursuant to subsection (a) of this section;

(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) of this section, 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) ''State mandate'' defined

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.

-SOURCE-

(Pub. L. 104-4, title III, Sec. 302, Mar. 22, 1995, 109 Stat. 67.)

-CHANGE-

CHANGE OF NAME

Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1556 of this title.

-CITE-

2 USC Sec. 1553 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER III - REVIEW OF FEDERAL MANDATES

-HEAD-

Sec. 1553. Special authorities of Advisory Commission

-STATUTE-

(a) Experts and consultants

For purposes of carrying out this subchapter, the Advisory

Commission may procure temporary and intermittent services of

experts or consultants under section 3109(b) of title 5.

(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 subchapter.

(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

subchapter.

(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 subchapter.

-SOURCE-

(Pub. L. 104-4, title III, Sec. 303, Mar. 22, 1995, 109 Stat. 69.)

-CITE-

2 USC Sec. 1554 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER III - REVIEW OF FEDERAL MANDATES

-HEAD-

Sec. 1554. Annual report to Congress regarding Federal court

rulings

-STATUTE-

No later than 4 months after March 22, 1995, 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.

-SOURCE-

(Pub. L. 104-4, title III, Sec. 304, Mar. 22, 1995, 109 Stat. 70.)

-CHANGE-

CHANGE OF NAME

Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

-CITE-

2 USC Sec. 1555 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER III - REVIEW OF FEDERAL MANDATES

-HEAD-

Sec. 1555. ''Federal mandate'' defined

-STATUTE-

Notwithstanding section 1502 of this title, for purposes of this

subchapter 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.

-SOURCE-

(Pub. L. 104-4, title III, Sec. 305, Mar. 22, 1995, 109 Stat. 70.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1502 of this title.

-CITE-

2 USC Sec. 1556 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER III - REVIEW OF FEDERAL MANDATES

-HEAD-

Sec. 1556. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Advisory

Commission to carry out section 1551 of this title and section 1552

of this title, $500,000 for each of fiscal years 1995 and 1996.

-SOURCE-

(Pub. L. 104-4, title III, Sec. 306, Mar. 22, 1995, 109 Stat. 70.)

-CITE-

2 USC SUBCHAPTER IV - JUDICIAL REVIEW 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER IV - JUDICIAL REVIEW

.

-HEAD-

SUBCHAPTER IV - JUDICIAL REVIEW

-CITE-

2 USC Sec. 1571 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 25 - UNFUNDED MANDATES REFORM

SUBCHAPTER IV - JUDICIAL REVIEW

-HEAD-

Sec. 1571. Judicial review

-STATUTE-

(a) Agency statements on significant regulatory actions

(1) In general

Compliance or noncompliance by any agency with the provisions

of sections 1532 and 1533(a)(1) and (2) of this title 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 1532 and 1533(a)(1) and (2) of this title shall be

subject to judicial review only under section 706(1) of title 5,

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 1532 of this title or

the written plan under section 1533(a)(1) and (2) of this title,

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 1532 and 1533(a)(1) and (2) of this title, 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 1532 and 1533(a)(1)

and (2) of this title 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) of this section -

(1) any estimate, analysis, statement, description or report

prepared under this chapter, and any compliance or noncompliance

with the provisions of this chapter, and any determination

concerning the applicability of the provisions of this chapter

shall not be subject to judicial review; and

(2) no provision of this chapter shall be construed to create

any right or benefit, substantive or procedural, enforceable by

any person in any administrative or judicial action.

-SOURCE-

(Pub. L. 104-4, title IV, Sec. 401, Mar. 22, 1995, 109 Stat. 70.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

''this Act'', meaning Pub. L. 104-4, Mar. 22, 1995, 109 Stat. 48,

known as the Unfunded Mandates Reform Act of 1995. For complete

classification of this Act to the Code, see Short Title note set

out under section 1501 of this title and Tables.

-CITE-