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Unfunded Mandates Reform  Act of 1995

OMB GUIDANCE ON IMPLEMENTING SECTION 204

SEC. 204 ANNUAL STATEMENTS TO CONGRESS ON AGENCY COMPLIANCE.

No later than 1 year after the effective date of this title and annually thereafter, the Director of the Office of Management and Budget shall submit to the Congress, including the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives, a written report detailing compliance by each agency during the preceding reporting period with the requirements of this title.


OMB Guidance on Implementing Section 204

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)

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G. What Compliance Reports Should Agencies Submit to OMB?

Under Section 208 of the Act, OMB is required to submit a report to Congress on agency compliance with the requirements of Title II of the Act, which includes the intergovernmental consultation requirement, on or before March 22, 1996, and annually thereafter. Accordingly, agencies should provide the Administrator of the Office of Information and Regulatory Affairs, by January 15, 1996, and annually on that date thereafter, a written report of each agency’s compliance with Title II of the Act. The report should include a description of the process established by the agency to ensure meaningful input, as well as a description of agency consultations with State, local, and tribal governments for each proposed and final rule ‘‘containing significant Federal intergovernmental mandates.’’ As part of the report to be submitted by January 15, 1996, agencies should also describe the plans they have developed to consult with small governments, under Section 203 of Title II of the Act.

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