§ 1532. — Statements to accompany significant regulatory actions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC1532]
TITLE 2--THE CONGRESS
CHAPTER 25--UNFUNDED MANDATES REFORM
SUBCHAPTER II--REGULATORY ACCOUNTABILITY AND REFORM
Sec. 1532. Statements to accompany significant regulatory
actions
(a) In general
Unless otherwise prohibited by law, before promulgating any general
notice of proposed rulemaking that is likely to result in promulgation
of any rule that includes any Federal mandate that may result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100,000,000 or more (adjusted annually for
inflation) in any 1 year, and before promulgating any final rule for
which a general notice of proposed rulemaking was published, the agency
shall prepare a written statement containing--
(1) an identification of the provision of Federal law under
which the rule is being promulgated;
(2) a qualitative and quantitative assessment of the anticipated
costs and benefits of the Federal mandate, including the costs and
benefits to State, local, and tribal governments or the private
sector, as well as the effect of the Federal mandate on health,
safety, and the natural environment and such an assessment shall
include--
(A) an analysis of the extent to which such costs to State,
local, and tribal governments may be paid with Federal financial
assistance (or otherwise paid for by the Federal Government);
and
(B) the extent to which there are available Federal
resources to carry out the intergovernmental mandate;
(3) estimates by the agency, if and to the extent that the
agency determines that accurate estimates are reasonably feasible,
of--
(A) the future compliance costs of the Federal mandate; and
(B) any disproportionate budgetary effects of the Federal
mandate upon any particular regions of the nation or particular
State, local, or tribal governments, urban or rural or other
types of communities, or particular segments of the private
sector;
(4) estimates by the agency of the effect on the national
economy, such as the effect on productivity, economic growth, full
employment, creation of productive jobs, and international
competitiveness of United States goods and services, if and to the
extent that the agency in its sole discretion determines that
accurate estimates are reasonably feasible and that such effect is
relevant and material; and
(5)(A) a description of the extent of the agency's prior
consultation with elected representatives (under section 1534 of
this title) of the affected State, local, and tribal governments;
(B) a summary of the comments and concerns that were presented
by State, local, or tribal governments either orally or in writing
to the agency; and
(C) a summary of the agency's evaluation of those comments and
concerns.
(b) Promulgation
In promulgating a general notice of proposed rulemaking or a final
rule for which a statement under subsection (a) of this section is
required, the agency shall include in the promulgation a summary of the
information contained in the statement.
(c) Preparation in conjunction with other statement
Any agency may prepare any statement required under subsection (a)
of this section in conjunction with or as a part of any other statement
or analysis, provided that the statement or analysis satisfies the
provisions of subsection (a) of this section.
(Pub. L. 104-4, title II, Sec. 202, Mar. 22, 1995, 109 Stat. 64.)
Section Referred to in Other Sections
This section is referred to in sections 1511, 1535, 1536, 1571 of
this title; title 5 section 801.
