UMRA (Contents)

Unfunded Mandates Reform  Act of 1995

Section 103

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SEC. 103. COST OF REGULATIONS.[1] 

(a) Sense of the 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 202 of this Act, 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] (as added by section 101 of this Act).

 

 

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COUNSEL NOTES
Endnotes

[1] This section is classified to the U.S. Code at 2 U.S.C. 1511.

[2] Part B of title IV of the Congressional Budget and Impoundment Control Act of 1974 is classified at 2. U.S.C. 658 et seq.

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. 103. Cost of Regulations

Section 103 of the Senate Bill express the sense of Congress that agencies should review planned regulations to ensure that they take CBO cost estimates into consideration. It also requires CBO, at the request of any Senator, to estimate the cost of regulations implementing mandate legislation and compare it with the CBO cost estimate for the legislation itself. It directs OMB to provide CBO with such data and cost estimates.

The House Amendment contains no such provision.

The Conference Substitute adopts the Senate language with an amendment to narrow the section in two respects. First, the section provides that the chairman or ranking minority member of a committee can request such a study, consistent with requests for mandate studies (section 102 of S. 1). Second, the section requires CBO to compare the agency’s cost estimate to the estimate prepared by CBO when the legislation was considered. In preparing a comparison, the conferees intend that CBO critique the agency cost estimate in such comparison to make sure it is an accurate reflection of the cost of the mandate.

The primary objective of the Unfunded Mandate Reform Act is to make sure Congress is adequately informed of the cost of mandates in legislation when they are considered. The conferees are particularly concerned about instances in which agencies exceed their discretion to impose regulations that are much more costly than anticipated when the legislation was considered. The intent of this section is to provide, when requested, a review of agencies’ actions and estimates to make sure they are consistent with the costs of the mandate when Congress considered the legislation.

U.S. Congress, Unfunded Mandates Reform Act of 1995, Report to Accompany S. 1, House Government Reform Committee, H. Rept. 104-76, 104th Congress 1st sess., March 19, 1995, p. 36; (Washington, D.C.: Government Publishing  Office, 1995).

REFERENCES

CRS – Unfunded Mandates Reform Act:  History, Impact, and Issues (R40957) October 27, 2016


LEGISLATIVE HISTORY NOTES
Public Laws

Pub. L. 104–4, title I, §103, Mar. 22, 1995, 109 Stat. 62 (Unfunded Mandates Reform Act of 1995).

References in Text

The reference to the “Congressional Budget and Impoundment Control Act of 1974″,  in subsection (c), means Public Law 93–344, 88 Stat. 297, which was  signed by  President Richard Nixon on July 12, 1974. See here for additional information.

The reference to “this Act” in subsections (b) and (c) means Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995.

EFFECTIVE DATE

The effective date for this section is Jan. 1, 1996, or on the date 90 days after appropriations made available, as authorized by section 110 (UMRA 1995), whichever earlier, and applicable to legislation considered on and after that date.

 

 

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Sec. 102 (UMRA)

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Sec. 104 (UMRA)

 

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