US Supreme Court Decisions On-Line | US Laws

§ 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
Sec. 1532. Statements to accompany significant regulatory 

(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 
            (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); 
            (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, 
            (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 

        (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 

(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.

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