UMRA (Contents)
Unfunded Mandates Reform Act of 1995
Section 2
sec. 2. purposes.[1]
The purposes of this Act 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
(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.
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COUNSEL NOTES
Endnotes
[1] This section is classified to the U.S. Code at 2 U.S.C. 1501.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The joint statement of managers of the committee of conference on the measure including this description:
Sec. 2. Purposes
The Senate Bill includes a list of purposes for S. 1. The House amendment contains a similar list with one exception. Subsection (8) of the House Amendment states that one of the purposes is to begin consideration of methods to relieve State, local, and tribal governments of unfunded mandates that result from Court interpretations of statutes and regulations. The Conference Substitute adopts the House provision with an amendment. The substitute provides under subsection (8) that one of the purposes of the bill is to begin the consideration of the effect of mandates on States, local governments, and tribal governments, including those imposed by court interpretations of Federal statutes.
Unfunded Mandates Reform Act of 1995, Report to Accompany S. 1, H. Rept. 104-76, (Conference Report) 104th Cong., 1st sess., March 19, 1995, (Washington: GPO, 1995).
References
CRS – Unfunded Mandates Reform Act: History, Impact, and Issues (R40957) October 27, 2016
LEGISLATIVE HISTORY NOTES
Public Laws
Pub. L. 104–4, §2, Mar. 22, 1995, 109 Stat. 48 (Unfunded Mandates Reform Act of 1995)
References in Text
The reference to “this Act” in the text means Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995.
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