Difference between revisions of "Unfunded Mandates Reform Act"

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==Overview==
 
==Overview==
The Unfunded Mandates Reform Act (UMRA), which was enacted in 1995 with broad, bipartisan support, requires Congress and federal agencies (excepting independent agencies) to give special consideration to proposed legislation and regulations imposing mandates on state, local, and tribal entities. It also contains a special provision requiring agencies to prepare a special statement, in the nature of a regulatory impact analysis, for any proposed rulemaking that is likely to result in an expenditure by the private sector in excess of $100 million. UMRA thus contains the only broad regulatory impact analysis requirement currently mandated by statute, and as such codifies many of the provisions in Executive Order 12,866, [https://www.archives.gov/files/federal-register/executive-orders/pdf/12866.pdf Regulatory Planning and Review]. UMRA’s impact is, however, somewhat lessened because its provisions for judicial review of agency compliance with UMRA are somewhat limited.
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The Unfunded Mandates Reform Act (UMRA), which was enacted in 1995 with broad, bipartisan support, requires Congress and federal agencies (excepting independent agencies) to give special consideration to proposed legislation and regulations imposing mandates on state, local, and tribal entities. It also contains a special provision requiring agencies to prepare a special statement, in the nature of a regulatory impact analysis, for any proposed rulemaking that is likely to result in an expenditure by the private sector in excess of $100 million. UMRA thus contains the only broad regulatory impact analysis requirement currently mandated by statute, and as such codifies many of the provisions in Executive Order 12866, [https://www.archives.gov/files/federal-register/executive-orders/pdf/12866.pdf Regulatory Planning and Review]. UMRA’s impact is, however, somewhat lessened because its provisions for judicial review of agency compliance with UMRA are somewhat limited.
  
 
UMRA’s purpose was to help reveal, and ultimately limit, the high (and often hidden) costs of federal mandates on state and local governments to undertake regulatory activity without sufficient federal compensation for this activity.
 
UMRA’s purpose was to help reveal, and ultimately limit, the high (and often hidden) costs of federal mandates on state and local governments to undertake regulatory activity without sufficient federal compensation for this activity.
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The statement must include  
 
The statement must include  
 +
 
#citation to the law under which the rule is being promulgated;
 
#citation to the law under which the rule is being promulgated;
#“a qualitative and quantitative assessment of the anticipated costs and benefits of the Federal mandate . . . as well as the effect of the Federal mandate on health, safety, and the natural environment” along with an analysis of the availability of federal funds to help governments pay for the mandate;  
+
#“a qualitative and quantitative assessment of the anticipated costs and benefits of the Federal mandate . . . as well as the effect of the Federal mandate on health, safety, and the natural environment” along with an analysis of the availability of federal funds to help governments pay for the mandate;
 
#estimates of future compliance costs and of disproportionate budgetary effects on regions or particular governments or segments of the private sector;
 
#estimates of future compliance costs and of disproportionate budgetary effects on regions or particular governments or segments of the private sector;
 
#estimates of the effect on aspects of the national economy; and
 
#estimates of the effect on aspects of the national economy; and
#a summary of the agency’s consultations with elected representatives.  
+
#a summary of the agency’s consultations with elected representatives.
 +
 
 
The agency must also develop a plan to specially notify small governments of such requirements and develop a process to receive meaningful and timely input from elected officials. An exemption from the [[Federal Advisory Committee Act]] is carved out for such consultations. A summary of this statement must appear in the notice of proposed rulemaking. However, UMRA does allow agencies to prepare the statement “in conjunction with or as a part of any other statement or analysis.”
 
The agency must also develop a plan to specially notify small governments of such requirements and develop a process to receive meaningful and timely input from elected officials. An exemption from the [[Federal Advisory Committee Act]] is carved out for such consultations. A summary of this statement must appear in the notice of proposed rulemaking. However, UMRA does allow agencies to prepare the statement “in conjunction with or as a part of any other statement or analysis.”
  
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*Unfunded Mandates Information and Transparency Act of 2011, [https://www.govinfo.gov/content/pkg/CRPT-112hrpt483/pdf/CRPT-112hrpt483-pt1.pdf H. Rep. No. 112-483] (2012).
 
*Unfunded Mandates Information and Transparency Act of 2011, [https://www.govinfo.gov/content/pkg/CRPT-112hrpt483/pdf/CRPT-112hrpt483-pt1.pdf H. Rep. No. 112-483] (2012).
 
*Unfunded Mandates Information and Transparency Act of 2013, [https://www.govinfo.gov/content/pkg/CRPT-113hrpt352/pdf/CRPT-113hrpt352-pt1.pdf H. Rep. No. 113-352] (2014).
 
*Unfunded Mandates Information and Transparency Act of 2013, [https://www.govinfo.gov/content/pkg/CRPT-113hrpt352/pdf/CRPT-113hrpt352-pt1.pdf H. Rep. No. 113-352] (2014).
*[https://www.govinfo.gov/content/pkg/CHRG-114shrg99989/pdf/CHRG-114shrg99989.pdf The Unfunded Mandates Reform Act: Opportunities for Improvement to Support State and Local Governments], Hearing Before Subcomm. on Regulatory Affairs and Fed. Mgmt. of the S. Comm. on Homeland Sec. and Gov’tal Affairs, 114th Cong. (2016) ([https://www.hsgac.senate.gov/hearings/the-unfunded-mandates-reform-act-opportunities-for-improvement-to-support-state-and-local-governments video]).  
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*[https://www.govinfo.gov/content/pkg/CHRG-114shrg99989/pdf/CHRG-114shrg99989.pdf The Unfunded Mandates Reform Act: Opportunities for Improvement to Support State and Local Governments], Hearing Before Subcomm. on Regulatory Affairs and Fed. Mgmt. of the S. Comm. on Homeland Sec. and Gov’tal Affairs, 114th Cong. (2016) ([https://www.hsgac.senate.gov/hearings/the-unfunded-mandates-reform-act-opportunities-for-improvement-to-support-state-and-local-governments video]).
 
</div>
 
</div>
  
 
===Executive Orders and White House Documents===
 
===Executive Orders and White House Documents===
*Executive Order 13,175, [https://www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/Req-EO13175tribgovt.pdf Consultation and Coordination with Indian Tribal Governments], 65 Fed. Reg. 67,249 (Nov. 9, 2000).
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 +
*Executive Order 13175, [https://www.energy.gov/sites/prod/files/nepapub/nepa_documents/RedDont/Req-EO13175tribgovt.pdf Consultation and Coordination with Indian Tribal Governments], 65 Fed. Reg. 67249 (Nov. 9, 2000).
  
 
===OMB/OIRA Documents===
 
===OMB/OIRA Documents===
 
====Reports to Congress on Unfunded Mandates====
 
====Reports to Congress on Unfunded Mandates====
 
<div style="column-count:2;-moz-column-count:2;-webkit-column-count:2">
 
<div style="column-count:2;-moz-column-count:2;-webkit-column-count:2">
*Agency Compliance with Title II of Unfunded Mandates Reform Act of 1995, Report to Congress from the Director of OMB (Mar. 22, 1996). These are annual reports. The [https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/inforeg/umra1999final.pdf 4th Annual Report] was issued in October 1999.  
+
*Agency Compliance with Title II of Unfunded Mandates Reform Act of 1995, Report to Congress from the Director of OMB (Mar. 22, 1996). These are annual reports. The [https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/inforeg/umra1999final.pdf 4th Annual Report] was issued in October 1999.
 
*[https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/inforeg/costbenefitreport.pdf Making Sense of Regulation: 2001 Report to Congress on the Costs and Benefits of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2001).
 
*[https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/inforeg/costbenefitreport.pdf Making Sense of Regulation: 2001 Report to Congress on the Costs and Benefits of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2001).
 
*[http://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/inforeg/2002_report_to_congress.pdf Stimulating Smarter Regulation, 2002 Report to Congress on the Costs and Benefits of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2002).
 
*[http://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/inforeg/2002_report_to_congress.pdf Stimulating Smarter Regulation, 2002 Report to Congress on the Costs and Benefits of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2002).
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*[https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/legislative/reports/2010_Benefit_Cost_Report.pdf 2010 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2010).
 
*[https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/legislative/reports/2010_Benefit_Cost_Report.pdf 2010 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2010).
 
*[https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/inforeg/inforeg/2011_cb/2011_cba_report.pdf 2011 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2011).
 
*[https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/inforeg/inforeg/2011_cb/2011_cba_report.pdf 2011 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2011).
*[https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/inforeg/inforeg/2012_cb/2012_cost_benefit_report.pdf 2012 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2013).
+
*[https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/inforeg/inforeg/2012_cb/2012_cost_benefit_report.pdf 2012 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2013).
 
*[https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/inforeg/inforeg/2013_cb/2013_cost_benefit_report-updated.pdf 2013 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2014).
 
*[https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/inforeg/inforeg/2013_cb/2013_cost_benefit_report-updated.pdf 2013 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2014).
*[https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/inforeg/inforeg/2014_cb/2014-cost-benefit-report.pdf 2014 Draft Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2015).
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*[https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/inforeg/inforeg/2014_cb/2014-cost-benefit-report.pdf 2014 Draft Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2015).
 
*[https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/inforeg/inforeg/2015_cb/2015-cost-benefit-report.pdf 2015 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2015).
 
*[https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/inforeg/inforeg/2015_cb/2015-cost-benefit-report.pdf 2015 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities] (2015).
*[https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/legislative_reports/draft_2016_cost_benefit_report_12_14_2016_2.pdf 2016 Report to Congress on the Benefits and Costs of Federal Regulations and Agency Compliance with the Unfunded Mandates Reform Act] (2016).
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*[https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/assets/legislative_reports/draft_2016_cost_benefit_report_12_14_2016_2.pdf 2016 Report to Congress on the Benefits and Costs of Federal Regulations and Agency Compliance with the Unfunded Mandates Reform Act] (2016).
*[https://www.whitehouse.gov/wp-content/uploads/2017/12/draft_2017_cost_benefit_report.pdf 2017 Draft Report to Congress on the Benefits and Costs of Federal Regulations and Agency Compliance with the Unfunded Mandates Reform Act] (2017).
+
*[https://www.whitehouse.gov/wp-content/uploads/2019/12/2019-CATS-5885-REV_DOC-2017Cost_BenefitReport11_18_2019.docx.pdf 2017 Report to Congress on the Benefits and Costs of Federal Regulations and Agency Compliance with the Unfunded Mandates and Reform Act] (2017).
 +
*[https://www.whitehouse.gov/wp-content/uploads/2021/01/2018_2019_2020-OMB-Cost-Benefit-Report.pdf 2018, 2019, and 2020 Reports to Congress on the Benefits and Costs of Federal Regulations and Agency Compliance with the Unfunded Mandates Reform Act] (2020).
 
</div>
 
</div>
  
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===Congressional Budget Office Documents===
 
===Congressional Budget Office Documents===
 
<div style="column-count:2;-moz-column-count:2;-webkit-column-count:2">
 
<div style="column-count:2;-moz-column-count:2;-webkit-column-count:2">
*[https://www.cbo.gov/publication/51335#section4 CBO’s Activities Under the Unfunded Mandates Reform Act] (2018).
+
*[https://www.cbo.gov/publication/51335#section4 CBO’s Activities Under the Unfunded Mandates Reform Act].
 
*[https://www.cbo.gov/sites/default/files/103rd-congress-1993-1994/reports/doc45.pdf Preliminary Analysis of Unfunded Federal Mandates and the Cost of the Safe Drinking Water Act](1994).
 
*[https://www.cbo.gov/sites/default/files/103rd-congress-1993-1994/reports/doc45.pdf Preliminary Analysis of Unfunded Federal Mandates and the Cost of the Safe Drinking Water Act](1994).
 
*[https://www.cbo.gov/sites/default/files/105th-congress-1997-1998/reports/umra1st.pdf The Experience of the Congressional Budget Office During the First Year of the Unfunded Mandates Reform Act] (1997).
 
*[https://www.cbo.gov/sites/default/files/105th-congress-1997-1998/reports/umra1st.pdf The Experience of the Congressional Budget Office During the First Year of the Unfunded Mandates Reform Act] (1997).
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*[https://www.cbo.gov/sites/default/files/113th-congress-2013-2014/reports/45209-UMRA.pdf A Review of CBO’s Activities in 2013 Under the Unfunded Mandates Reform Act] (2014).
 
*[https://www.cbo.gov/sites/default/files/113th-congress-2013-2014/reports/45209-UMRA.pdf A Review of CBO’s Activities in 2013 Under the Unfunded Mandates Reform Act] (2014).
 
*[https://www.cbo.gov/sites/default/files/114th-congress-2015-2016/reports/50051-UMRA2_0.pdf A Review of CBO’s Activities in 2014 Under the Unfunded Mandates Reform Act] (2015).
 
*[https://www.cbo.gov/sites/default/files/114th-congress-2015-2016/reports/50051-UMRA2_0.pdf A Review of CBO’s Activities in 2014 Under the Unfunded Mandates Reform Act] (2015).
 +
*[https://www.cbo.gov/publication/51335%22%20%5Ct%20%22_blank CBO’s Activities Under the Unfunded Mandates Reform Act] (2021).
 
</div>
 
</div>
  
 
===Other Government Documents===
 
===Other Government Documents===
 
<div style="column-count:2;-moz-column-count:2;-webkit-column-count:2">
 
<div style="column-count:2;-moz-column-count:2;-webkit-column-count:2">
*Advisory Comm’n on Intergov’tal Relations, ''Federal Court Rulings Involving State, Local, and Tribal Governments Calendar Year 1994: A Report Prepared Under Section 304, Unfunded Mandates Reform Act of 1995'' (M-196) (1995).  
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*Advisory Comm’n on Intergov’tal Relations, ''Federal Court Rulings Involving State, Local, and Tribal Governments Calendar Year 1994: A Report Prepared Under Section 304, Unfunded Mandates Reform Act of 1995'' (M-196) (1995).
 
*Richard S. Beth, Cong. Research Serv., RL 98-48, ''Mandates Information Act: Implications for Congressional Action on Legislation Containing Private Sector Mandates'' (1998).
 
*Richard S. Beth, Cong. Research Serv., RL 98-48, ''Mandates Information Act: Implications for Congressional Action on Legislation Containing Private Sector Mandates'' (1998).
*Gen. Accounting Office, GAO/GGD-98-30, [https://www.gao.gov/assets/230/225165.pdf Unfunded Mandates Reform Act Has Had Little Effect on Agencies’ Rulemaking Actions, A Report to the Senate Committee on Governmental Affairs] (1998).  
+
*Gen. Accounting Office, GAO/GGD-98-30, [https://www.gao.gov/assets/230/225165.pdf Unfunded Mandates Reform Act Has Had Little Effect on Agencies’ Rulemaking Actions, A Report to the Senate Committee on Governmental Affairs] (1998).
 
*Gen. Accounting Office, GAO-04-637, [https://www.gao.gov/new.items/d04637.pdf Unfunded Mandates: Analysis of Reform Act Coverage] (2004).
 
*Gen. Accounting Office, GAO-04-637, [https://www.gao.gov/new.items/d04637.pdf Unfunded Mandates: Analysis of Reform Act Coverage] (2004).
*Gov’t Accountability Office, GAO-05-454, [http://www.gao.gov/new.items/d05454.pdf Unfunded Mandates: Views Vary About Reform Act’s Strengths, Weaknesses, and Options for Improvement] (2005).  
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*Gov’t Accountability Office, GAO-05-454, [http://www.gao.gov/new.items/d05454.pdf Unfunded Mandates: Views Vary About Reform Act’s Strengths, Weaknesses, and Options for Improvement] (2005).
 
*Gov’t Accountability Office, GAO-11-385T, [https://www.gao.gov/assets/130/125488.pdf Federal Mandates: Few Rules Trigger Unfunded Mandates Reform Act] (2011).
 
*Gov’t Accountability Office, GAO-11-385T, [https://www.gao.gov/assets/130/125488.pdf Federal Mandates: Few Rules Trigger Unfunded Mandates Reform Act] (2011).
*Robert Jay Dilger, Cong. Research Serv., R40957, [https://crsreports.congress.gov/product/pdf/R/R40957 Unfunded Mandates Reform Act: History, Impact, and Issues] (2018).
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*Robert Jay Dilger & Natalie Keegan, Cong. Rsch. Serv., R40957, [https://crsreports.congress.gov/product/pdf/R/R40957 Unfunded Mandates Reform Act: History, Impact, and Issues] (2021).
 
</div>
 
</div>
  
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<div style="column-count:2;-moz-column-count:2;-webkit-column-count:2">
 
*Robert W. Adler, ''Unfunded Mandates and Fiscal Federalism: A Critique'', 50 Vand. L. Rev. 1137 (1997).
 
*Robert W. Adler, ''Unfunded Mandates and Fiscal Federalism: A Critique'', 50 Vand. L. Rev. 1137 (1997).
 +
*Cary Coglianese, [https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2005&context=aulr Improving Regulatory Analysis at Independent Agencies], 67 Am. U. L. Rev. 733 (2018).
 
*Daniel H. Cole & Carol S. Comer, [https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1648&context=facpub Rhetoric, Reality, and the Law of Unfunded Federal Mandates], 8 Stan. L. & Pol’y Rev. 103 (1997).
 
*Daniel H. Cole & Carol S. Comer, [https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1648&context=facpub Rhetoric, Reality, and the Law of Unfunded Federal Mandates], 8 Stan. L. & Pol’y Rev. 103 (1997).
 
*David A. Dana, ''The Case for Unfunded Environmental Mandates'', 69 S. Cal. L. Rev. 1 (1995).
 
*David A. Dana, ''The Case for Unfunded Environmental Mandates'', 69 S. Cal. L. Rev. 1 (1995).
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[http://uscode.house.gov/view.xhtml?path=/prelim@title2/chapter25&edition=prelim Chapter 25—Unfunded Mandates Reform]
 
[http://uscode.house.gov/view.xhtml?path=/prelim@title2/chapter25&edition=prelim Chapter 25—Unfunded Mandates Reform]
 +
 
*[http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1501&num=0&edition=prelim § 1501. Purposes]
 
*[http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1501&num=0&edition=prelim § 1501. Purposes]
 
*[http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1502&num=0&edition=prelim § 1502. Definitions]
 
*[http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1502&num=0&edition=prelim § 1502. Definitions]
 
*[http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1503&num=0&edition=prelim § 1503. Exclusions]
 
*[http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1503&num=0&edition=prelim § 1503. Exclusions]
*[http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1531&num=0&edition=prelim § 1531. Regulatory process]  
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*[http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1531&num=0&edition=prelim § 1531. Regulatory process]
 
*[http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1532&num=0&edition=prelim § 1532. Statements to accompany significant regulatory actions]
 
*[http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1532&num=0&edition=prelim § 1532. Statements to accompany significant regulatory actions]
 
*[http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1533&num=0&edition=prelim § 1533. Small government agency plan]
 
*[http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1533&num=0&edition=prelim § 1533. Small government agency plan]

Revision as of 19:31, 22 July 2022

2 U.S.C. §§ 1501-1571 (2012); enacted by Pub. L. No. 104–4, 109 Stat. 48, Mar. 22, 1995.

Lead Agencies:

Office of Management and Budget, Office of Information and Regulatory Affairs

Congressional Budget Office, Budget Analysis Division

Overview

The Unfunded Mandates Reform Act (UMRA), which was enacted in 1995 with broad, bipartisan support, requires Congress and federal agencies (excepting independent agencies) to give special consideration to proposed legislation and regulations imposing mandates on state, local, and tribal entities. It also contains a special provision requiring agencies to prepare a special statement, in the nature of a regulatory impact analysis, for any proposed rulemaking that is likely to result in an expenditure by the private sector in excess of $100 million. UMRA thus contains the only broad regulatory impact analysis requirement currently mandated by statute, and as such codifies many of the provisions in Executive Order 12866, Regulatory Planning and Review. UMRA’s impact is, however, somewhat lessened because its provisions for judicial review of agency compliance with UMRA are somewhat limited.

UMRA’s purpose was to help reveal, and ultimately limit, the high (and often hidden) costs of federal mandates on state and local governments to undertake regulatory activity without sufficient federal compensation for this activity.

Title I modifies the legislative process by requiring any Congressional authorizing committee that approves a bill containing a federal mandate (with some exceptions) to identify that mandate in its committee report. The Congressional Budget Office (CBO) must then estimate the overall impact of such mandates, and a point of order can be raised by any member against a bill that lacks such an estimate or if the bill contains an unfunded mandate exceeding $50 million burden on state and local governments or $100 million on the private sector.

Title II addresses agency regulations containing regulatory mandates of state, local, and tribal governments and on the private sector. The key requirement is for a “statement to accompany significant regulatory actions.” The statement is required in “any general notice of proposed rulemaking that is likely to 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.”

The statement must include

  1. citation to the law under which the rule is being promulgated;
  2. “a qualitative and quantitative assessment of the anticipated costs and benefits of the Federal mandate . . . as well as the effect of the Federal mandate on health, safety, and the natural environment” along with an analysis of the availability of federal funds to help governments pay for the mandate;
  3. estimates of future compliance costs and of disproportionate budgetary effects on regions or particular governments or segments of the private sector;
  4. estimates of the effect on aspects of the national economy; and
  5. a summary of the agency’s consultations with elected representatives.

The agency must also develop a plan to specially notify small governments of such requirements and develop a process to receive meaningful and timely input from elected officials. An exemption from the Federal Advisory Committee Act is carved out for such consultations. A summary of this statement must appear in the notice of proposed rulemaking. However, UMRA does allow agencies to prepare the statement “in conjunction with or as a part of any other statement or analysis.”

Before issuing a final rule that was subject to the above requirements, the agency must “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.”

Judicial review of agency compliance with UMRA is limited. UMRA provides that judicial review of the agency statements accompanying significant regulatory actions is subject to review only under 5 U.S.C. § 706(1), which allows courts to “compel agency action unlawfully withheld or unreasonably delayed.” This means that courts may compel the production of such agency statements but cannot review the contents of them. In fact, UMRA makes clear that “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” (2 U.S.C. § 1571(a)(3)).

UMRA requires OMB to submit annual reports to Congress on agency compliance with Title II, and OMB has submitted such reports since 1996.

Legislative History

In the 103rd Congress, eight bills were introduced that addressed the issue of unfunded mandates. This was directly in response to the pressure building over the previous 15 years from state and local governments. Over those years, Congress continued a pattern of cutting federal funding while enacting statutes that passed costs onto state and local governments without providing funding to cover those costs. To demonstrate their dissatisfaction, the state and local governments declared October 27, 1993, “National Unfunded Mandates Day.”

Senator Dirk Kempthorne introduced the Community Regulatory Relief Act (S. 993), which had more than 50 co-sponsors. However, S. 993 was not considered for a vote, and Congress adjourned without further consideration of the bill.

The Unfunded Mandates Reform Act of 1995 (S. 1 and H.R. 5) was introduced in the 104th Congress. It was rapidly reported out of committee in both houses. In February, the House passed H.R. 5, and amended and passed S. 1. After disagreement between the House and Senate over amendments, the bill went to a conference committee. H.R. Rep. No. 104-76 (1995). Both houses agreed to the conference report. The Senate vote was 91-9 and the House vote was 394-28.

On March 22, 1995, The Unfunded Mandates Reform Act of 1995 was signed into law by President Clinton as Pub. L. No. 104-4.

Bibliography

Legislative History and Congressional Documents

Executive Orders and White House Documents

OMB/OIRA Documents

Reports to Congress on Unfunded Mandates

Other OMB Documents

Congressional Budget Office Documents

Other Government Documents

Books and Articles

Statutory Provisions

Unfunded Mandates Reform Act,

Title 2 U.S. Code

Chapter 25—Unfunded Mandates Reform