UMRA (Contents)
Unfunded Mandates Reform Act of 1995
Section 206
SEC. 206. ASSISTANCE TO THE CONGRESSIONAL BUDGET OFFICE.[1]
The Director of the Office of Management and Budget shall—
(1) collect from agencies the statements prepared under section 202; 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.
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COUNSEL NOTES
Counsel Endnotes
[1] This section is classified to the U.S. Code at 2 U.S.C. 1536.
Report by Congressional Research Service
The Congressional Research Service (CRS) published a report assessing the efficacy of the requirement set forth in this section (section 206 (UMRA)).
UMRA requires the Office of Management and Budget’s (OMB’s) director to collect the executive branch agencies’ written cost estimate statements and periodically forward copies to CBO’s director. It also directs OMB to establish pilot programs in at least two federal agencies to test innovative regulatory approaches to reduce regulatory burdens on small governments, and provide Congress a written annual report detailing compliance with the act by each agency for the preceding reporting period.97 OMB’s director has delegated these responsibilities to its Office of Information and Regulatory Affairs (OIRA).
Most of these provisions were already in place when UMRA was adopted. For example, Executive Order 12866, issued in September 1993, required agencies to provide OIRA with assessments of the costs and benefits of all economically significant proposed rules (defined as having an annual impact on the economy of $100 million or more), including some rules that were not mandates; identify regulatory alternatives and explain why the planned regulatory action is preferable to other alternatives; issue regulations that were cost-effective and impose the least burden on society; and seek the views of state, local, and tribal officials before imposing regulatory requirements that might significantly or uniquely affect them.
Robert Jay Dilger and Richard S. Beth, Unfunded Mandates Reform Act: History, Impact, and Issues, Report for Congress R40957 (Congressional Research Service, October 27, 2016), p. 25.
Additional References
See also the following cited on page 25 of the CRS Report referred to above:
U.S. General Accounting Office, Unfunded Mandates: Reform Act Has Had Little Effect on Agencies’ Rulemaking Actions, GAO-GDD-98-30, February 4, 1998, p. 29, at http://www.gao.gov/assets/230/225165.pdf; and GAO, Unfunded Mandates: Views Vary About Reform Act’s Strengths, Weaknesses, and Options for Improvement, GAO-05- 454, March 31, 2005, p. 27, at http://www.gao.gov/new.items/d05454.pdf. For further analysis concerning OIRA, see CRS Report RL32397, Federal Rulemaking: The Role of the Office of Information and Regulatory Affairs, coordinated by Maeve P. Carey.
LEGISLATIVE HISTORY NOTES
PUBLIC LAWS
Pub. L. 104–4, title II, §206, Mar. 22, 1995, 109 Stat. 66 (Unfunded Mandates Reform Act of 1995).
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Budget Counsel 