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, referred to in subsec. (a)(1), (2), probably means the Government Employee Rights Act of 1991, which is title III

of Pub. L. 102–166, Nov. 21, 1991, 105 Stat. 1088, as amended, 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 sections 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 section 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was repealed, except as provided in this section, by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was repealed, except as provided in this section, by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 Americans with Disabilities Act of 1990. Sections 508 and 509

of the Act were renumbered sections 509 and 510, respectively, 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.

CHANGE OF NAME

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 Repealed.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 procedures for Senate acquisitions

It is the sense of the Senate that the Committee 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.)

REFERENCES IN TEXT

The Federal Acquisition Streamlining Act of 1994, referred 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 application of such provision to any person or circumstance is held to be invalid, the remainder of

this chapter and the application of the provisions of the remainder to any person or circumstance shall not be affected thereby.

(Pub. L. 104–1, title V, §509, Jan. 23, 1995, 109

Stat. 44.)

REFERENCES IN TEXT

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 regulatory actions.

1533. Small government agency plan.

1534. State, local, and tribal government input.

1535. Least burdensome option or explanation required.

1536. Assistance to Congressional Budget Office.

1537. Pilot program on small government flexibility.

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 Relations.

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 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
§ 1502 TITLE 2—THE CONGRESS Page 488

(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.

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

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.

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’.’’

§ 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 defined; and

(2) the term ‘‘Director’’ means the Director

of the Congressional Budget Office.

(Pub. L. 104–4, §3, Mar. 22, 1995, 109 Stat. 49.)

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.

§ 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 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)).

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

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.

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 carrying out this chapter.

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

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.
Page 489 TITLE 2—THE CONGRESS § 1514

1See 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 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.].

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

Stat. 62.)

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 (§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.

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.’’

§ 1512. Consideration for Federal funding

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.

(Pub. L. 104–4, title I, §105, Mar. 22, 1995, 109

Stat. 62.)

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.

§ 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 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.

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

Stat. 63.)

REFERENCES IN TEXT

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 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.

§ 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 (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
§ 1515 TITLE 2—THE CONGRESS Page 490

joint resolution number and the subject matter

of that measure.

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

Stat. 63.)

REFERENCES IN TEXT

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.

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.

§ 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 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.

(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 subchapter.

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

Stat. 64.)

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.

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.)

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.

§ 1532. Statements to accompany significant regulatory actions

(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
Page 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 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.

(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 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.

(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 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.

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

Stat. 65.)

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.

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.

§ 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 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 Budg-
§ 1536 TITLE 2—THE CONGRESS Page 492

et 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.

(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 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.

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

Stat. 66.)

§ 1537. Pilot program on small government flexibility

(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.

(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 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.

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

Stat. 67.)

CHANGE OF NAME

Committee on Governmental Affairs of Senate

changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by

Senate Resolution No. 445, One Hundred Eighth Congress, 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 Representatives 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 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.

(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 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
Page 493 TITLE 2—THE CONGRESS § 1553

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.

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

Stat. 67.)

CHANGE OF NAME

Committee on Governmental Affairs of Senate

changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by

Senate Resolution No. 445, One Hundred Eighth Congress, 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 Representatives by House Resolution No. 6, One Hundred

Tenth Congress, Jan. 5, 2007.

§ 1553. Special authorities of Advisory Commission

(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 de-
§ 1554 TITLE 2—THE CONGRESS Page 494

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 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.

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

Stat. 69.)

§ 1554. Annual report to Congress regarding Federal court rulings

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.

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

Stat. 70.)

CHANGE OF NAME

Committee on Governmental Affairs of Senate

changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by

Senate Resolution No. 445, One Hundred Eighth Congress, 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 Representatives 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 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.

(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 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.
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, 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.

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

Stat. 70.)

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.

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 decisionmaking process in both the legislative and executive branches of the Federal Government;

(2) existing lobbying disclosure statutes

have been ineffective because of unclear statutory language, weak administrative and enforcement 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 identity and extent of the efforts of paid lobbyists

to influence Federal officials in the conduct of

Government actions will increase public confidence in the integrity of Government.

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

EFFECTIVE DATE

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 sections 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, repealing 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 provided under subsection (a), except that such repeals and

amendments—

‘‘(1) shall not affect any proceeding or suit commenced 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 repeals and amendments.’’

SHORT TITLE OF 2007 AMENDMENT

Pub. L. 110–81, §1(a), Sept. 14, 2007, 121 Stat. 735, provided that: ‘‘This Act [see Tables for classification]

may be cited as the ‘Honest Leadership and Open Government Act of 2007’.’’

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105–166, §1(a), Apr. 6, 1998, 112 Stat. 38, provided that: ‘‘This Act [amending sections 1602, 1604, and

1610 of this title and section 613 of Title 22, Foreign Relations and Intercourse] may be cited as the ‘Lobbying

Disclosure Technical Amendments Act of 1998’.’’

SHORT TITLE

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

and 219 of Title 18, Crimes and Criminal Procedure, section 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 Finance, 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 provisions set out as a note under section 261 of this title]

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

CONSTRUCTION OF 2007 AMENDMENT

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 association clauses of, the First Amendment to the Constitution.’’

§ 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 entity 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