TITLE 2-THE CONGRESS

joint resolution number and the subject matter ofthat measure. (Pub. L. 104-4, title I, §107, Mar. 22, 1995, 109 Stat. 63.)
REFERENCES INTEXT

Clause l(d) of Rule XI ofthe Rules of the House of Representatives, referred toinsubsec. (b),wasamended generally by House Resolution No. 5, One Hundred TwelfthCongress, Jan.5,2011.
CODIFICATION
Section is comprised of section 107 ofPub. L. 104-4. Subsec. (a)ofsection 107 ofPub. L. 104-4 amended the Rules of the House ofRepresentatives, which are not classified tothe Code.
§1515.Exercise ofrulemakingpowers

The provisions of sections 658 to 658g and 1514 ofthis title are enacted byCongress- (1) as an exercise oftherulemaking power of the Senate and the House of Representatives, respectively, and as such they shallbe considered as part ofthe rules ofsuch House, respectively, and such rules shall supersede other rules only to the extent that they are inconsistenttherewith; 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 tothe 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. Authorizationofappropriations

There are authorized tobe appropriated tothe Congressional BudgetOffice $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 iNTEXT

This subchapter, referred to intext,was inthe original "this title", meaning title Iof Pub. L. 104-4, Mar. 22, 1995, 109 Stat. 50, which enacted this subchapter and sections 658 to 658g ofthis title,amended sections 602, 632, and 653 ofthis title,and enacted provisions set out
asanoteunder section 1511ofthistitle.

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 setforth in law). (Pub. L. 104-4, title II, §201, Mar, 22, 1995, 109 Stat. 64.)
EFFECTIVE DATE

Pub. L. 104-4, title 

### II, §209, Mar. 22, 1995, 109 Stat. 67, provided that: "This title [enacting this subchapter] and the amendments made by this title shall take effect on the date ofthe enactment ofthis Act [Mar. 22, 1995]."

REGULATORY PLANNING AND REVIEW

For provisions stating regulatory philosophy and principles and setting forth regulatory organization, procedures, and guidelinesforcentralized review ofnew and existing regulations to make the regulatory processmore efficient, see Ex. Ord. No. 12866, Sept. 30, 1993, 58F.R.51735, set outasanoteundersection 601 ofTitle 5,Government Organization andEmployees. §1532. Statements to accompany significant regulatoryactions (a)In general

Unless otherwise prohibited by law, before promulgating any general notice of proposed rulemaking that is likely to result in promulgation ofany 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
awritten statement containing- (1) anidentification ofthe provision of Federal lawunder which the rule is beingpromulgated;

(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 ofthe Federal mandate on health, safety, and the natural environment and such an assessment shall include- (A) an analysis ofthe extent towhich 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 tothe extent that the agency determines that accurate estimates are reasonably feasible, of- (A) the future compliance costs ofthe 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 oftheprivate sector; (4) estimates by the agency ofthe 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 ofthe extent ofthe agency's prior consultation with elected representatives (under section 1534 ofthis title) ofthe affected State, local, and tribal governments; Page 507 §1532TITLE 2-THE CONGRESS

(B) a summary of the comments and concerns that were presented by State, local, or tribal governments either orally or in writing to theagency; 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) Preparationin conjunction with other statement Any agency may prepare any statement required under subsection (a) of this section in conjunction with or asa partofany other statement or analysis, provided that the statement

or analysis satisfies the provisions ofsubsection (a) ofthis 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 underwhich the agency shall- (1) provide notice ofthe 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 therequirements. (b)Authorizationofappropriations

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 tribalgovernment 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, tribalandFederal 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 ofexchanging views, information, oradvice relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities oradministration. (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 ofsubsections (a) and (b) ofthis section consistent with applicable laws and regulations. (Pub. L. 104-4, title II, §204, Mar. 22, 1995, 109 Stat. 65.)

REFERENCES INTEXT

The Federal Advisory Committee Act, referred to in subsec. (b),isPub. L.92-463, Oct. 6, 1972, 86 Stat.770, as amended, which is set out in the Appendix to Title 5, Government Organization andEmployees.

DELEGATION OF AUTHORIT ToISSUE GUIDELINESAND INSTRUCTIONS Memorandum ofPresident oftheUnited States, Aug. 25, 1995,60 F.R.45039,provided:

Memorandum for the Director of the Office of Management andBudget

By the authority vested in me as President by the Constitution and laws of the United States, including section 204(c) ofthe Unfunded Mandates Reform Act of 1995 (PublicLaw 104-4) [2 U.S.C. 1534(c)] and section 301 oftitle 3ofthe United States Code, I hereby delegate totheDirector oftheOffice ofManagement andBudget the authority vested in the President to issue the guidelines and instructions to Federal agehcies required bysection 204(c) ofthatAct.

You are authorized and directed to publish this memorandum inthe FederalRegister. WILLIAM J. CLINTON. 

### §1535. Least burdensome option or explanation required (a) Ingeneral

Except as provided in subsection (b) of this section, before promulgating any rule forwhich

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 leastburdensome alternative that achieves the objectives oftherule, 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 ofsubsection (a) ofthis section shall apply unless- (1) the head ofthe affected agency publishes with the final rule an explanation ofwhy the least costly, most cost-effective or least burdensome method ofachieving the objectives of the rulewas notadopted; or

(2) the provisions are inconsistent with law. (c) OMB certification

No later than 1year after March 22, 1995, the Director of the Office ofManagement and Budg- Page 508 §1533TITLE 2-THE CONGRESS

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 ofthe Office ofManagement and Budget shall- (1) collect from agencies the statements prepared under section 1532ofthistitle; and

(2) periodically forward copies ofsuch 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 wasprepared. (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 ofManagement and Budget, in consultation with Federal agencies, shall establishpilot 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)Programfocus

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 1year after March 22, 1995, and annually thereafter, the Director ofthe Office of Management and Budget shall submit to the Congress, including the Committee on Governmental Affairs ofthe 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 ofthis 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 TenthCongress, Jan.5,2007. SUBCHAPTER III-REVIEW OF FEDERAL MANDATES §1551. Baseline studyofcosts andbenefits (a) In general

No later than 18 months after March 22, 1995, the Advisory Commission onIntergovernmental Relations (hereafter in this subchapter referred to as the "Advisory Commission"), in consultation with theDirector, 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 ofmeasuring 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 therole ofFederal 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 theCongress regarding- (A) allowing flexibility for State, local, and tribal governments in complying with specificFederal mandates for which terms of compliance are unnecessarily rigid or complex;

(B) reconciling any 2 ormore Federal mandates which impose contradictory or inconsistentrequirements;

(C) terminating Federal mandates which

are duplicative, obsolete, or lacking in practicalutility;

(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 ofsuch mandates, in orderto reduce duplication and facilitate compliance §81552 Page 509