Title 2 — The Congress
Chapter 25 — Unfunded Mandates Reform
§ 1534. State, local, and tribal government input
Statutory text
In general
Each agency shall, to the extent permitted in law, develop an effective process to permit elected officers of State, local, and tribal governments (or their designated employees with authority to act on their behalf) to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates.
Meetings between State, local, tribal and Federal officers
Chapter 10 of title 5 shall not apply to actions in support of intergovernmental communications where—
meetings are held exclusively between Federal officials and elected officers of State, local, and tribal governments (or their designated employees with authority to act on their behalf) acting in their official capacities; and
such meetings are solely for the purposes of exchanging views, information, or advice relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration.
Implementing guidelines
No later than 6 months after , the President shall issue guidelines and instructions to Federal agencies for appropriate implementation of subsections (a) and (b) consistent with applicable laws and regulations.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Unfunded Mandates Reform Act of 1995
Pub. L. 104–4 title II § 204 · 109 Stat. 48
Enacted · 2 U.S.C. § 1534
Pub. L. 104–4, title II, § 204, Mar. 22, 1995, 109 Stat. 65
Source evidence
Code source credit
Pub. L. 104–4, title II, § 204, Mar. 22, 1995, 109 Stat. 65Enacted provision · exact public law section
SEC. 204. STATE, LOCAL, AND TRIBAL GOVERNMENT INPUT. (a) In General.— Each agency shall, to the extent permitted in law, develop an effective process to permit elected officers of State, local, and tribal governments (or their designated employees with authority to act on their behalf) to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates. (b) Meetings Between State, Local, Tribal and Federal Officers.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to actions in support of intergovernmental communications where— (1) meetings are held exclusively between Federal officials and elected officers of State, local, and tribal governments (or their designated employees with authority to act on their behalf) acting in their official capacities; and (2) such meetings are solely for the purposes of exchanging views, information, or advice relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration. (c) Implementing Guidelines.— No later than 6 months after the date of enactment of this Act, the President shall issue guidelines and instructions to Federal agencies for appropriate implementation of subsections (a) and (b) consistent with applicable laws and regulations.Pub. L. 117–286 § 4(a)(1) · 136 Stat. 4196
Substituted · 2 U.S.C. § 1534(b)
Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in introductory provisions.Enacted provision · exact public law section
(1) Section 204(b) (matter before paragraph (1)) of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534(b) (matter before paragraph (1)) is amended by striking “The Federal Advisory Committee Act (5 U.S.C. App.)” and inserting “Chapter 10 of title 5, United States Code,”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
2022—Subsec. (b). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in introductory provisions.
Executive Documents
Delegation of Authority To Issue Guidelines and Instructions
Memorandum of President of the United States, , 60 F.R. 45039, provided:
Memorandum for the Director of the Office of Management and Budget
By the authority vested in me as President by the Constitution and laws of the United States, including section 204(c) of the Unfunded Mandates Reform Act of 1995 (Public Law 104–4) [2 U.S.C. 1534(c)] and section 301 of title 3 of the United States Code, I hereby delegate to the Director of the Office of Management and Budget the authority vested in the President to issue the guidelines and instructions to Federal agencies required by section 204(c) of that Act.
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
Credits
1995–2022 · 2 acts
Show as published
(Pub. L. 104–4, title II, § 204, , 109 Stat. 65; Pub. L. 117–286, § 4(a)(1), , 136 Stat. 4305.)