TITLE 2-THE CONGRESS

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 l(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

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 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;

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(B) a summary of the comments and concerns that were presented by State, local, or

tribal governments either orally or in writing

to the agency; and

(C) a summary of the agency's evaluation of

those comments and concerns.

(b) Promulgation

In promulgating a general notice of proposed

rulemaking or a final rule for which a statement

under subsection (a) of this section is required,

the agency shall include in the promulgation a

summary of the information contained in the

statement.

(c) Preparation in conjunction with other statement

Any agency may prepare any statement required under subsection (a) of this section in

conjunction with or as a part of any other statement or analysis, provided that the statement

or analysis satisfies the provisions of subsection

(a) of this section.

(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 AUTHORIT 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 agehcies 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-

§ 1533 Page 508
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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

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