UMRA (Contents)
Unfunded Mandates Reform Act of 1995
Section 204
SEC. 204. STATE, LOCAL, AND TRIBAL GOVERNMENT INPUT.[1]
(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.)[2] 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 the date of enactment of this Act, the President shall issue guidelines and instructions to Federal agencies for appropriate implementation of subsections (a) and (b) consistent with applicable laws and regulations.
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COUNSEL NOTES
Endnotes
[1] This section is classified to the U.S. Code at 2 U.S.C. 1534.
[2] The Federal Advisory Committee Act (Pub. L. 92-463) became law in 1972 and is the legal foundation defining how federal advisory committees operate.
OMB GUIDANCE ON IMPLEMENTING SECTION 204
OMB set out instructions to agencies for following section 204 (UMRA) and published it in the Federal Register:
Guidelines and Instructions for Implementing Section 204, ‘State, Local, and Tribal Government Input’, of Title II of Public Law 104-4, OMB Memorandum 95-20 (September 21, 1995), pp. 6-7, 60 Fed. Reg. 50651, 50653 (September 29, 1995)
See OMB Guidelines for UMRA (BCR).
OMB also set out instruction that referred to section 204 in its Memorandum of March 31, 1995 (M-95-20).
M-95-09: Guidance for Implementing Title II of S. 1, Office of Management and Budget, March 31, 1995(Full Memorandum)
M-95-09: Guidance applying to “6. Section 204, ‘State, Local, and Tribal Government Input.'” (Specific Section Related to Section 204)
LEGISLATIVE HISTORY NOTES
PUBLIC LAWS
Pub. L. 104–4, title II, §204, Mar. 22, 1995, 109 Stat. 65 (Unfunded Mandates Reform Act of 1995).
References in Text
The reference to the “Federal Advisory Committee Act” in subsection (b) means 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 Authority 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 agencies required by section 204(c) of that Act.
You are authorized and directed to publish this memorandum in the Federal Register.
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Budget Counsel 