§ 1552. — Report on Federal mandates by Advisory Commission on Intergovernmental Relations.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 2USC1552]
TITLE 2--THE CONGRESS
CHAPTER 25--UNFUNDED MANDATES REFORM
SUBCHAPTER III--REVIEW OF FEDERAL MANDATES
Sec. 1552. Report on Federal mandates by Advisory Commission on
Intergovernmental Relations
(a) In general
The Advisory Commission on Intergovernmental Relations shall in
accordance with this section--
(1) investigate and review the role of Federal mandates in
intergovernmental relations and their impact on State, local,
tribal, and Federal government objectives and responsibilities, and
their impact on the competitive balance between State, local, and
tribal governments, and the private sector and consider views of and
the impact on working men and women on those same matters;
(2) investigate and review the role of unfunded State mandates
imposed on local governments;
(3) make recommendations to the President and the Congress
regarding--
(A) allowing flexibility for State, local, and tribal
governments in complying with specific Federal mandates for
which terms of compliance are unnecessarily rigid or complex;
(B) reconciling any 2 or more Federal mandates which impose
contradictory or inconsistent requirements;
(C) terminating Federal mandates which are duplicative,
obsolete, or lacking in practical utility;
(D) suspending, on a temporary basis, Federal mandates which
are not vital to public health and safety and which compound the
fiscal difficulties of State, local, and tribal governments,
including recommendations for triggering such suspension;
(E) consolidating or simplifying Federal mandates, or the
planning or reporting requirements of such mandates, in order to
reduce duplication and facilitate compliance by State, local,
and tribal governments with those mandates;
(F) establishing common Federal definitions or standards to
be used by State, local, and tribal governments in complying
with Federal mandates that use different definitions or
standards for the same terms or principles; and
(G)(i) the mitigation of negative impacts on the private
sector that may result from relieving State, local, and tribal
governments from Federal mandates (if and to the extent that
such negative impacts exist on the private sector); and
(ii) the feasibility of applying relief from Federal
mandates in the same manner and to the same extent to private
sector entities as such relief is applied to State, local, and
tribal governments; and
(4) identify and consider in each recommendation made under
paragraph (3), to the extent practicable--
(A) the specific Federal mandates to which the
recommendation applies, including requirements of the
departments, agencies, and other entities of the Federal
Government that State, local, and tribal governments utilize
metric systems of measurement; and
(B) any negative impact on the private sector that may
result from implementation of the recommendation.
(b) Criteria
(1) In general
The Commission shall establish criteria for making
recommendations under subsection (a) of this section.
(2) Issuance of proposed criteria
The Commission shall issue proposed criteria under this
subsection no later than 60 days after March 22, 1995, and
thereafter provide a period of 30 days for submission by the public
of comments on the proposed criteria.
(3) Final criteria
No later than 45 days after the date of issuance of proposed
criteria, the Commission shall--
(A) consider comments on the proposed criteria received
under paragraph (2);
(B) adopt and incorporate in final criteria any
recommendations submitted in those comments that the Commission
determines will aid the Commission in carrying out its duties
under this section; and
(C) issue final criteria under this subsection.
(c) Preliminary report
(1) In general
No later than 9 months after March 22, 1995, the Commission
shall--
(A) prepare and publish a preliminary report on its
activities under this subchapter, including preliminary
recommendations pursuant to subsection (a) of this section;
(B) publish in the Federal Register a notice of availability
of the preliminary report; and
(C) provide copies of the preliminary report to the public
upon request.
(2) Public hearings
The Commission shall hold public hearings on the preliminary
recommendations contained in the preliminary report of the
Commission under this subsection.
(d) Final report
No later than 3 months after the date of the publication of the
preliminary report under subsection (c) of this section, the Commission
shall submit to the Congress, including the Committee on Government
Reform and Oversight of the House of Representatives, the Committee on
Governmental Affairs of the Senate, the Committee on the Budget of the
Senate, and the Committee on the Budget of the House of Representatives,
and to the President a final report on the findings, conclusions, and
recommendations of the Commission under this section.
(e) Priority to mandates that are subject of judicial proceedings
In carrying out this section, the Advisory Commission shall give the
highest priority to immediately investigating, reviewing, and making
recommendations regarding Federal mandates that are the subject of
judicial proceedings between the United States and a State, local, or
tribal government.
(f) ``State mandate'' defined
For purposes of this section the term ``State mandate'' means any
provision in a State statute or regulation that imposes an enforceable
duty on local governments, the private sector, or individuals, including
a condition of State assistance or a duty arising from participation in
a voluntary State program.
(Pub. L. 104-4, title III, Sec. 302, Mar. 22, 1995, 109 Stat. 67.)
Change of Name
Committee on Government Reform and Oversight of House of
Representatives changed to Committee on Government Reform of House of
Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Jan. 6, 1999.
Section Referred to in Other Sections
This section is referred to in section 1556 of this title.
