Page 487 TITLE 2—THE CONGRESS § 1501

vided by this section, by Pub. L. 104–1, title V, §504(b),

Jan. 23, 1995, 109 Stat. 41. For complete classification of

this Act to the Code, see Short Title note set out under

section 2601 of Title 29, Labor, and Tables.

The Government Employees Rights Act of 1991, re

ferred to in subsec. (a)(1), (2), probably means the Gov

ernment Employee Rights Act of 1991, which is title III

of Pub. L. 102–166, Nov. 21, 1991, 105 Stat. 1088, as amend

ed, and is classified generally to sections 2000e–16a to

2000e–16c of Title 42, The Public Health and Welfare.

Sections 305 and 307 of the Act were classified to sec

tions 1205 and 1207, respectively, of this title prior to

repeal, except as provided in this section, by Pub. L.

104–1, title V, §504(a)(2), Jan. 23, 1995, 109 Stat. 41. For

complete classification of this Act to the Code, see sec

tion 2000e–16a(a) of Title 42 and Tables.

Section 1207a of this title, referred to in subsec. (a)(3),

was repealed, except as provided in this section, by

Pub. L. 104–1, title V, §504(a)(5), Jan. 23, 1995, 109 Stat.

41.

Section 1831(e) of this title, referred to in subsec. (b),

was repealed, except as provided in this section, by

Pub. L. 104–1, title V, §504(c)(1), Jan. 23, 1995, 109 Stat.

41.

Section 12209 of title 42, referred to in subsec. (c), was

in the original a reference to section 509 of the Ameri

cans with Disabilities Act of 1990. Sections 508 and 509

of the Act were renumbered sections 509 and 510, respec

tively, by Pub. L. 110–325, §6(a)(2), Sept. 25, 2008, 122

Stat. 3558, and are classified to sections 12208 and 12209,

respectively, of title 42.

C HANGE OF N AME

General Accounting Office redesignated Government

Accountability Office. See section 8 of Pub. L. 108–271,

set out as a note under section 702 of Title 31, Money

and Finance.

§ 1436. Repealed. Pub. L. 106–57, title III, § 313, Sept. 29, 1999, 113 Stat. 428

Section, Pub. L. 104–1, title V, §507, Jan. 23, 1995, 109

Stat. 43; Pub. L. 105–275, title I, §12, Oct. 21, 1998, 112

Stat. 2436, related to use of frequent flyer miles.

§ 1437. Sense of Senate regarding adoption of simplified and streamlined acquisition proce

dures for Senate acquisitions

It is the sense of the Senate that the Commit

tee on Rules and Administration of the Senate
should review the rules applicable to purchases
by Senate offices to determine whether they are
consistent with the acquisition simplification
and streamlining laws enacted in the Federal
Acquisition Streamlining Act of 1994 (Public
Law 103–355).

(Pub. L. 104–1, title V, §508, Jan. 23, 1995, 109
Stat. 44.)

R EFERENCES IN T EXT

The Federal Acquisition Streamlining Act of 1994, re

ferred to in text, is Pub. L. 103–355, Oct. 13, 1994, 108

Stat. 3243. For complete classification of this Act to

the Code, see Short Title of 1994 Act note set out under

section 101 of Title 41, Public Contracts, and Tables.

§ 1438. Severability

If any provision of this chapter or the applica

tion of such provision to any person or circum

stance is held to be invalid, the remainder of
this chapter and the application of the provi

sions of the remainder to any person or circum

stance shall not be affected thereby.

(Pub. L. 104–1, title V, §509, Jan. 23, 1995, 109
Stat. 44.) R EFERENCES IN T EXT

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

‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109

Stat. 3, as amended, which is classified principally to

this chapter. For complete classification of this Act to

the Code, see Short Title note set out under section

1301 of this title and Tables.

CHAPTER 25—UNFUNDED MANDATES

REFORM

Sec.

1501. Purposes.

1502. Definitions.

1503. Exclusions.

1504. Agency assistance.

SUBCHAPTER I—LEGISLATIVE ACCOUNTABILITY

AND REFORM

1511. Cost of regulations.

1512. Consideration for Federal funding.

1513. Impact on local governments.

1514. Enforcement in House of Representatives.

1515. Exercise of rulemaking powers.

1516. Authorization of appropriations.

SUBCHAPTER II—REGULATORY ACCOUNTABILITY

AND REFORM

1531. Regulatory process.

1532. Statements to accompany significant regu

latory actions.

1533. Small government agency plan.

1534. State, local, and tribal government input.

1535. Least burdensome option or explanation re

quired.

1536. Assistance to Congressional Budget Office.

1537. Pilot program on small government flexibil

ity.

1538. Annual statements to Congress on agency

compliance.

SUBCHAPTER III—REVIEW OF FEDERAL

MANDATES

1551. Baseline study of costs and benefits.

1552. Report on Federal mandates by Advisory

Commission on Intergovernmental Rela

tions.

1553. Special authorities of Advisory Commission.

1554. Annual report to Congress regarding Federal

court rulings.

1555. ‘‘Federal mandate’’ defined.

1556. Authorization of appropriations.

SUBCHAPTER IV—JUDICIAL REVIEW

1571. Judicial review.

§ 1501. Purposes

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 govern

ments without adequate Federal funding, in a
manner that may displace other essential
State, local, and tribal governmental prior

ities;
(3) to assist Congress in its consideration of
proposed legislation establishing or revising
Federal programs containing Federal man

dates affecting State, local, and tribal govern

ments, and the private sector by—
(A) providing for the development of infor

mation about the nature and size of man

dates in proposed legislation; andPage 488 TITLE 2—THE CONGRESS § 1502

(B) establishing a mechanism to bring

such information to the attention of the
Senate and the House of Representatives be

fore the Senate and the House of Representa

tives vote on proposed legislation;

(4) to promote informed and deliberate deci

sions 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 dis

semination of that information provide in

formed and deliberate decisions by Congress
and Federal agencies and retain competitive
balance between the public and private sec

tors; (6) to establish a point-of-order vote on the
consideration in the Senate and House of Rep

resentatives of legislation containing signifi

cant Federal intergovernmental mandates
without providing adequate funding to comply

with such mandates;
(7) to assist Federal agencies in their consid

eration of proposed regulations affecting
State, local, and tribal governments, by—
(A) requiring that Federal agencies de

velop a process to enable the elected and
other officials of State, local, and tribal gov

ernments to provide input when Federal
agencies are developing regulations; and
(B) requiring that Federal agencies pre

pare and consider estimates of the budgetary
impact of regulations containing Federal
mandates upon State, local, and tribal gov

ernments and the private sector before
adopting such regulations, and ensuring that
small governments are given special consid

eration in that process; and

(8) to begin consideration of the effect of
previously imposed Federal mandates, includ

ing the impact on State, local, and tribal gov

ernments of Federal court interpretations of
Federal statutes and regulations that impose
Federal intergovernmental mandates.

(Pub. L. 104–4, §2, Mar. 22, 1995, 109 Stat. 48.)

R EFERENCES IN T EXT

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.

S HORT T ITLE

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 ‘Un

funded Mandates Reform Act of 1995’.’’

§ 1502. Definitions

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 de

fined; and
(2) the term ‘‘Director’’ means the Director
of the Congressional Budget Office. (Pub. L. 104–4, §3, Mar. 22, 1995, 109 Stat. 49.)

R EFERENCES IN T EXT

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.

§ 1503. Exclusions

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 regula

tion that—
(1) enforces constitutional rights of individ

uals;
(2) establishes or enforces any statutory
rights that prohibit discrimination on the
basis of race, color, religion, sex, national ori

gin, age, handicap, or disability;
(3) requires compliance with accounting and
auditing procedures with respect to grants or
other money or property provided by the Fed

eral Government;
(4) provides for emergency assistance or re

lief 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 inter

national treaty obligations;
(6) the President designates as emergency
legislation and that the Congress so des

ignates in statute; or
(7) relates to the old-age, survivors, and dis

ability insurance program under title II of the
Social Security Act [42 U.S.C. 401 et seq.] (in

cluding taxes imposed by sections 3101(a) and
3111(a) of title 26 (relating to old-age, sur

vivors, and disability insurance)).

(Pub. L. 104–4, §4, Mar. 22, 1995, 109 Stat. 49.)

R EFERENCES IN T EXT

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.

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 (§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.

§ 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 car

rying out this chapter.

(Pub. L. 104–4, §5, Mar. 22, 1995, 109 Stat. 50.)

R EFERENCES IN T EXT

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.Page 489 TITLE 2—THE CONGRESS § 1514

1 See References in Text note below. SUBCHAPTER I—LEGISLATIVE

ACCOUNTABILITY AND REFORM

§ 1511. Cost of regulations

(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 pro

mulgated.

(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 be

tween—
(1) an estimate by the relevant agency, pre

pared under section 1532 of this title, of the
costs of regulations implementing an Act con

taining a Federal mandate; and
(2) the cost estimate prepared by the Con

gressional 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 Congres

sional 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.].

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

R EFERENCES IN T EXT

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 (§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.

E FFECTIVE D ATE

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 avail

able as authorized under section 109 [section 1516 of this

title], whichever is earlier and shall apply to legisla

tion considered on and after such date.’’

§ 1512. Consideration for Federal funding

Nothing in this chapter shall preclude a State,
local, or tribal government that already com

plies with all or part of the Federal intergovern

mental mandates included in the bill, joint reso

lution, amendment, motion, or conference re

port 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.

(Pub. L. 104–4, title I, §105, Mar. 22, 1995, 109
Stat. 62.) R EFERENCES IN T EXT

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.

§ 1513. Impact on local governments

(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 govern

ments 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 gov

ernments, which forces many local govern

ments to increase property taxes;
(2) States should end the imposition, in the
absence of full consideration by their legisla

tures, of State issued mandates on local gov

ernments without adequate State funding, in a
manner that may displace other essential gov

ernment 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.

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

R EFERENCES IN T EXT

This chapter, referred to in subsec. (b)(3), was in the

original ‘‘this Act’’, meaning Pub. L. 104–4, Mar. 22,

1995, 109 Stat. 48, known as the Unfunded Mandates Re

form 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.

§ 1514. Enforcement in House of Representatives

(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) 1 of rule XI (relat

ing 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 orPage 490 TITLE 2—THE CONGRESS § 1515

joint resolution number and the subject matter

of that measure.

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

R EFERENCES IN T EXT

Clause 1(d) of Rule XI of the Rules of the House of

Representatives, referred to in subsec. (b), was amended

generally by House Resolution No. 5, One Hundred

Twelfth Congress, Jan. 5, 2011.

C ODIFICATION

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.

§ 1515. Exercise of rulemaking powers

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 consid

ered as part of the rules of such House, respec

tively, and such rules shall supersede other
rules only to the extent that they are incon

sistent therewith; and
(2) with full recognition of the constitu

tional 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 ex

tent as in the case of any other rule of each

House.

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

§ 1516. Authorization of appropriations

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 sub

chapter.

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

R EFERENCES IN T EXT

This subchapter, referred to in text, was in the origi

nal ‘‘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.

SUBCHAPTER II—REGULATORY

ACCOUNTABILITY AND REFORM

§ 1531. Regulatory process

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).

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

E FFECTIVE D ATE

Section 209 of title II of Pub. L. 104–4 provided that:

‘‘This title [enacting this subchapter] and the amend

ments made by this title shall take effect on the date

of the enactment of this Act [Mar. 22, 1995].’’ R EGULATORY P LANNING AND R EVIEW

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 proc

ess 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.

§ 1532. Statements to accompany significant reg

ulatory actions

(a) In general

Unless otherwise prohibited by law, before
promulgating any general notice of proposed
rulemaking that is likely to result in promulga

tion of any rule that includes any Federal man

date that may result in the expenditure by
State, local, and tribal governments, in the ag

gregate, 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 rule

making was published, the agency shall prepare
a written statement containing—
(1) an identification of the provision of Fed

eral law under which the rule is being promul

gated;
(2) a qualitative and quantitative assess

ment of the anticipated costs and benefits of
the Federal mandate, including the costs and
benefits to State, local, and tribal govern

ments or the private sector, as well as the ef

fect of the Federal mandate on health, safety,

and the natural environment and such an as

sessment shall include—
(A) an analysis of the extent to which such
costs to State, local, and tribal governments
may be paid with Federal financial assist

ance (or otherwise paid for by the Federal
Government); and
(B) the extent to which there are available
Federal resources to carry out the intergov

ernmental mandate;

(3) estimates by the agency, if and to the ex

tent that the agency determines that accurate
estimates are reasonably feasible, of—
(A) the future compliance costs of the Fed

eral 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 employ

ment, creation of productive jobs, and inter

national 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 fea

sible and that such effect is relevant and ma

terial; and
(5)(A) a description of the extent of the agen

cy’s prior consultation with elected represent

atives (under section 1534 of this title) of the
affected State, local, and tribal governments;
(B) a summary of the comments and con

cerns that were presented by State, local, orPage 491 TITLE 2—THE CONGRESS § 1535

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 state

ment

Any agency may prepare any statement re

quired under subsection (a) of this section in
conjunction with or as a part of any other state

ment or analysis, provided that the statement
or analysis satisfies the provisions of subsection
(a) of this section.

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

§ 1533. Small government agency plan

(a) Effects on small governments

Before establishing any regulatory require

ments that might significantly or uniquely af

fect small governments, agencies shall have de

veloped a plan under which the agency shall—
(1) provide notice of the requirements to po

tentially affected small governments, if any;
(2) enable officials of affected small govern

ments to provide meaningful and timely input
in the development of regulatory proposals
containing significant Federal intergovern

mental mandates; and
(3) inform, educate, and advise small govern

ments 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.

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

§ 1534. State, local, and tribal government input

(a) In general

Each agency shall, to the extent permitted in
law, develop an effective process to permit elect

ed officers of State, local, and tribal govern

ments (or their designated employees with au

thority to act on their behalf) to provide mean

ingful and timely input in the development of
regulatory proposals containing significant Fed

eral intergovernmental mandates.

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

eral 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 des

ignated 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 re

lating to the management or implementation
of Federal programs established pursuant to
public law that explicitly or inherently share
intergovernmental responsibilities or adminis

tration.

(c) Implementing guidelines

No later than 6 months after March 22, 1995,
the President shall issue guidelines and instruc

tions to Federal agencies for appropriate imple

mentation of subsections (a) and (b) of this sec

tion consistent with applicable laws and regula

tions.

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

R EFERENCES IN T EXT

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.

D ELEGATION OF A UTHORITY T O I SSUE G UIDELINES AND

I NSTRUCTIONS

Memorandum of President of the United States, Aug.

25, 1995, 60 F.R. 45039, provided:

Memorandum for the Director of the Office of Man

agement 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 re

quired by section 204(c) of that Act.
You are authorized and directed to publish this

memorandum in the Federal Register.

W ILLIAM J. C LINTON

.
§ 1535. Least burdensome option or explanation required

(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 al

ternatives and from those alternatives select
the least costly, most cost-effective or least bur

densome alternative that achieves the objec

tives of the rule, for—
(1) State, local, and tribal governments, in
the case of a rule containing a Federal inter

governmental 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 bur

densome 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 Budg

-Page 492 TITLE 2—THE CONGRESS § 1536

et shall certify to Congress, with a written ex

planation, agency compliance with this section
and include in that certification agencies and
rulemakings that fail to adequately comply

with this section.

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

§ 1536. Assistance to Congressional Budget Office

The Director of the Office of Management and
Budget shall—
(1) collect from agencies the statements pre

pared under section 1532 of this title; and
(2) periodically forward copies of such state

ments 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.

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

§ 1537. Pilot program on small government flexi

bility

(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 agen

cies to test innovative, and more flexible regu

latory approaches that—
(1) reduce reporting and compliance burdens
on small governments; and
(2) meet overall statutory goals and objec

tives.

(b) Program focus

The pilot programs shall focus on rules in ef

fect or proposed rules, or a combination thereof.

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

§ 1538. Annual statements to Congress on agency compliance

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 Govern

mental Affairs of the Senate and the Committee
on Government Reform and Oversight of the
House of Representatives, a written report de

tailing compliance by each agency during the
preceding reporting period with the require

ments of this subchapter.

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

C HANGE OF N AME

Committee on Governmental Affairs of Senate

changed to Committee on Homeland Security and Gov

ernmental Affairs of Senate, effective Jan. 4, 2005, by

Senate Resolution No. 445, One Hundred Eighth Con

gress, Oct. 9, 2004.
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. Committee on Government Reform of

House of Representatives changed to Committee on

Oversight and Government Reform of House of Rep

resentatives by House Resolution No. 6, One Hundred

Tenth Congress, Jan. 5, 2007. SUBCHAPTER III—REVIEW OF FEDERAL

MANDATES

§ 1551. Baseline study of costs and benefits

(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 consulta

tion with the Director, shall complete a study to

examine the measurement and definition issues
involved in calculating the total costs and bene

fits to State, local, and tribal governments of
compliance with Federal law.

(b) Considerations

The study required by this section shall con

sider—
(1) the feasibility of measuring indirect costs

and benefits as well as direct costs and bene

fits of the Federal, State, local, and tribal re

lationship; and
(2) how to measure both the direct and indi

rect benefits of Federal financial assistance
and tax benefits to State, local, and tribal

governments.

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

§ 1552. Report on Federal mandates by Advisory Commission on Intergovernmental Relations

(a) In general

The Advisory Commission on Intergovern

mental 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 Fed

eral government objectives and responsibil

ities, and their impact on the competitive bal

ance between State, local, and tribal govern

ments, 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 un

funded State mandates imposed on local gov

ernments;
(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 com

plex;
(B) reconciling any 2 or more Federal man

dates which impose contradictory or incon

sistent requirements;
(C) terminating Federal mandates which
are duplicative, obsolete, or lacking in prac

tical utility;
(D) suspending, on a temporary basis, Fed

eral 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 re

quirements of such mandates, in order to re

duce duplication and facilitate compliancePage 493 TITLE 2—THE CONGRESS § 1553

by State, local, and tribal governments with

those mandates;
(F) establishing common Federal defini

tions or standards to be used by State, local,
and tribal governments in complying with

Federal mandates that use different defini

tions 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 govern

ments 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 recom

mendation made under paragraph (3), to the
extent practicable—
(A) the specific Federal mandates to which
the recommendation applies, including re

quirements of the departments, agencies,

and other entities of the Federal Govern

ment that State, local, and tribal govern

ments utilize metric systems of measure

ment; 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 cri

teria under this subsection no later than 60
days after March 22, 1995, and thereafter pro

vide 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 issu

ance 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 sub

section.

(c) Preliminary report

(1) In general

No later than 9 months after March 22, 1995,

the Commission shall—
(A) prepare and publish a preliminary re

port on its activities under this subchapter,
including preliminary recommendations pur

suant to subsection (a) of this section;
(B) publish in the Federal Register a no

tice of availability of the preliminary re

port; and (C) provide copies of the preliminary re

port to the public upon request.

(2) Public hearings

The Commission shall hold public hearings
on the preliminary recommendations con

tained in the preliminary report of the Com

mission under this subsection.

(d) Final report

No later than 3 months after the date of the
publication of the preliminary report under sub

section (c) of this section, the Commission shall
submit to the Congress, including the Commit

tee on Government Reform and Oversight of the
House of Representatives, the Committee on
Governmental Affairs of the Senate, the Com

mittee on the Budget of the Senate, and the
Committee on the Budget of the House of Rep

resentatives, and to the President a final report
on the findings, conclusions, and recommenda

tions of the Commission under this section.

(e) Priority to mandates that are subject of judi

cial proceedings

In carrying out this section, the Advisory
Commission shall give the highest priority to
immediately investigating, reviewing, and mak

ing recommendations regarding Federal man

dates 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 stat

ute or regulation that imposes an enforceable
duty on local governments, the private sector,
or individuals, including a condition of State as

sistance or a duty arising from participation in
a voluntary State program.

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

C HANGE OF N AME

Committee on Governmental Affairs of Senate

changed to Committee on Homeland Security and Gov

ernmental Affairs of Senate, effective Jan. 4, 2005, by

Senate Resolution No. 445, One Hundred Eighth Con

gress, Oct. 9, 2004.

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. Committee on Government Reform of

House of Representatives changed to Committee on

Oversight and Government Reform of House of Rep

resentatives by House Resolution No. 6, One Hundred

Tenth Congress, Jan. 5, 2007.

§ 1553. Special authorities of Advisory Commis

sion

(a) Experts and consultants

For purposes of carrying out this subchapter,
the Advisory Commission may procure tem

porary 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 reim

bursable basis, any of the personnel of that de

-Page 494 TITLE 2—THE CONGRESS § 1554

partment 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 pro

vide to the Advisory Commission, on a reim

bursable basis, the administrative support serv

ices necessary for the Advisory Commission to
carry out its duties under this subchapter.

(d) Contract authority

The Advisory Commission may, subject to ap

propriations, contract with and compensate gov

ernment and private persons (including agen

cies) for property and services used to carry out
its duties under this subchapter.

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

§ 1554. Annual report to Congress regarding Fed

eral court rulings

No later than 4 months after March 22, 1995,
and no later than March 15 of each year there

after, the Advisory Commission on Intergovern

mental Relations shall submit to the Congress,
including the Committee on Government Re

form and Oversight of the House of Representa

tives and the Committee on Governmental Af

fairs 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 regula

tions.

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

C HANGE OF N AME

Committee on Governmental Affairs of Senate

changed to Committee on Homeland Security and Gov

ernmental Affairs of Senate, effective Jan. 4, 2005, by

Senate Resolution No. 445, One Hundred Eighth Con

gress, Oct. 9, 2004.
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. Committee on Government Reform of

House of Representatives changed to Committee on

Oversight and Government Reform of House of Rep

resentatives by House Resolution No. 6, One Hundred

Tenth Congress, Jan. 5, 2007.

§ 1555. ‘‘Federal mandate’’ defined

Notwithstanding section 1502 of this title, for
purposes of this subchapter the term ‘‘Federal
mandate’’ means any provision in statute or reg

ulation 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.

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

§ 1556. Authorization of appropriations

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.

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

SUBCHAPTER IV—JUDICIAL REVIEW

§ 1571. Judicial review

(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 subpara

graph (B).
(B) If an agency fails to prepare the written
statement (including the preparation of the
estimates, analyses, statements, or descrip

tions) 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 Fed

eral 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 in

adequacy or failure to prepare such statement
(including the inadequacy or failure to prepare
any estimate, analysis, statement or descrip

tion) 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 re

view 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 con

trol 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 agen

cy.

(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 rule

making is promulgated on or after such date.Page 495 TITLE 2—THE CONGRESS § 1602

(b) Judicial review and rule of construction

Except as provided in subsection (a) of this

section—
(1) any estimate, analysis, statement, de

scription or report prepared under this chap

ter, 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 sub

ject to judicial review; and
(2) no provision of this chapter shall be con

strued to create any right or benefit, sub

stantive or procedural, enforceable by any per

son in any administrative or judicial action.

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

R EFERENCES IN T EXT

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 Re

form 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.

CHAPTER 26—DISCLOSURE OF LOBBYING

ACTIVITIES

Sec.

1601. Findings.

1602. Definitions.

1603. Registration of lobbyists.

1604. Reports by registered lobbyists.

1605. Disclosure and enforcement.

1606. Penalties.

1607. Rules of construction.

1608. Severability.

1609. Identification of clients and covered officials.

1610. Estimates based on tax reporting system.

1611. Exempt organizations.

1612. Sense of Senate that lobbying expenses

should remain nondeductible.

1613. Prohibition on provision of gifts or travel by

registered lobbyists to Members of Congress

and to congressional employees.

1614. Annual audits and reports by Comptroller

General.

§ 1601. Findings

The Congress finds that—
(1) responsible representative Government
requires public awareness of the efforts of paid
lobbyists to influence the public decision

making process in both the legislative and ex

ecutive branches of the Federal Government;
(2) existing lobbying disclosure statutes

have been ineffective because of unclear statu

tory language, weak administrative and en

forcement provisions, and an absence of clear
guidance as to who is required to register and
what they are required to disclose; and
(3) the effective public disclosure of the iden

tity and extent of the efforts of paid lobbyists

to influence Federal officials in the conduct of
Government actions will increase public con

fidence in the integrity of Government.

(Pub. L. 104–65, §2, Dec. 19, 1995, 109 Stat. 691.)

E FFECTIVE D ATE

Section 24 of Pub. L. 104–65 provided that:

‘‘(a) Except as otherwise provided in this section, this

Act [see Short Title note below] and the amendments

made by this Act shall take effect on January 1, 1996. ‘‘(b) The repeals and amendments made under sec

tions 9, 10, 11, and 12 [amending section 4804 of Title 15,

Commerce and Trade, section 219 of Title 18, Crimes

and Criminal Procedure, sections 611, 613, 614, 616, 618,

and 4002 of Title 22, Foreign Relations and Intercourse,

section 1352 of Title 31, Money and Finance, and section

1490p of Title 42, The Public Health and Welfare, repeal

ing sections 261 to 270 of this title and section 3537b of

Title 42, and repealing provisions set out as a note

under section 261 of this title] shall take effect as pro

vided under subsection (a), except that such repeals and

amendments—

‘‘(1) shall not affect any proceeding or suit com

menced before the effective date under subsection (a),

and in all such proceedings or suits, proceedings shall

be had, appeals taken, and judgments rendered in the

same manner and with the same effect as if this Act

had not been enacted; and

‘‘(2) shall not affect the requirements of Federal

agencies to compile, publish, and retain information

filed or received before the effective date of such re

peals and amendments.’’

S HORT T ITLE OF 2007 A MENDMENT

Pub. L. 110–81, §1(a), Sept. 14, 2007, 121 Stat. 735, pro

vided that: ‘‘This Act [see Tables for classification]

may be cited as the ‘Honest Leadership and Open Gov

ernment Act of 2007’.’’

S HORT T ITLE OF 1998 A MENDMENT

Pub. L. 105–166, §1(a), Apr. 6, 1998, 112 Stat. 38, pro

vided that: ‘‘This Act [amending sections 1602, 1604, and

1610 of this title and section 613 of Title 22, Foreign Re

lations and Intercourse] may be cited as the ‘Lobbying

Disclosure Technical Amendments Act of 1998’.’’

S HORT T ITLE

Section 1 of Pub. L. 104–65 provided that: ‘‘This Act

[enacting this chapter, amending sections 3304 of Title

5, Government Organization and Employees, section 102

of Pub. L. 95–521, set out in the Appendix to Title 5, sec

tion 4804 of Title 15, Commerce and Trade, sections 207

and 219 of Title 18, Crimes and Criminal Procedure, sec

tion 2171 of Title 19, Customs Duties, sections 611, 613,

614, 616, 618, 621, and 4002 of Title 22, Foreign Relations

and Intercourse, section 1352 of Title 31, Money and Fi

nance, and section 1490p of Title 42, The Public Health

and Welfare, repealing sections 261 to 270 of this title

and section 3537b of Title 42, enacting provisions set

out as notes under this section, section 3304 of Title 5,

section 102 of Pub. L. 95–521, set out in the Appendix to

Title 5, and section 207 of Title 18, and repealing provi

sions set out as a note under section 261 of this title]

may be cited as the ‘Lobbying Disclosure Act of 1995’.’’

C ONSTRUCTION OF 2007 A MENDMENT

Pub. L. 110–81, title VII, §703, Sept. 14, 2007, 121 Stat.

776, provided that: ‘‘Nothing in this Act [see Tables for

classification] or the amendments made by this Act

shall be construed to prohibit any expressive conduct

protected from legal prohibition by, or any activities

protected by the free speech, free exercise, or free asso

ciation clauses of, the First Amendment to the Con

stitution.’’

§ 1602. Definitions

As used in this chapter:

(1) Agency

The term ‘‘agency’’ has the meaning given
that term in section 551(1) of title 5.

(2) Client

The term ‘‘client’’ means any person or en

tity that employs or retains another person
for financial or other compensation to conduct
lobbying activities on behalf of that person or
entity. A person or entity whose employees