Impact of Unfunded Mandates on State and Local Governments

Impact of Unfunded Mandates on State and Local Governments
Author: United States. Congress. House. Committee on Government Operations. Human Resources and Intergovernmental Relations Subcommittee
Publisher:
Total Pages: 126
Release: 1995
Genre: Political Science
ISBN:

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The Impact of Federal Mandates on State and Local Governments

The Impact of Federal Mandates on State and Local Governments
Author: United States. Congress. House. Committee on Government Operations. Human Resources and Intergovernmental Relations Subcommittee
Publisher:
Total Pages: 100
Release: 1995
Genre: Political Science
ISBN:

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Unfunded Mandates Reform Act

Unfunded Mandates Reform Act
Author: Congressional Research Service
Publisher: CreateSpace
Total Pages: 56
Release: 2015-01-05
Genre: Business & Economics
ISBN: 9781507531181

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The Unfunded Mandates Reform Act of 1995 (UMRA) culminated years of effort by state and local government officials and business interests to control, if not eliminate, the imposition of unfunded intergovernmental and private-sector federal mandates. Advocates argued the statute was needed to forestall federal legislation and regulations that imposed obligations on state and local governments or businesses that resulted in higher costs and inefficiencies. Opponents argued that federal mandates may be necessary to achieve national objectives in areas where voluntary action by state and local governments and business failed to achieve desired results. UMRA provides a framework for the Congressional Budget Office (CBO) to estimate the direct costs of mandates in legislative proposals to state and local governments and to the private sector, and for issuing agencies to estimate the direct costs of mandates in proposed regulations to regulated entities. Aside from these informational requirements, UMRA controls the imposition of mandates only through a procedural mechanism allowing Congress to decline to consider unfunded intergovernmental mandates in proposed legislation if they are estimated to cost more than specified threshold amounts. UMRA applies to any provision in legislation, statute, or regulation that would impose an enforceable duty upon state and local governments or the private sector. It does not apply to conditions of federal assistance; duties stemming from participation in voluntary federal programs; rules issued by independent regulatory agencies; rules issued without a general notice of proposed rulemaking; and rules and legislative provisions that cover individual constitutional rights, discrimination, emergency assistance, grant accounting and auditing procedures, national security, treaty obligations, and certain elements of Social Security. State and local government officials argue that UMRA has restrained the growth of unfunded federal mandates, but that its coverage should be broadened, with special consideration given to including conditions of federal financial assistance. During the 112th Congress, H.R. 4078, the Red Tape Reduction and Small Business Job Creation Act: Title IV, the Unfunded Mandates Information and Transparency Act of 2012, passed by the House on July 26, 2012, would have, among other changes, broadened UMRA's coverage to include both direct and indirect costs, such as foregone profits and costs passed onto consumers, and, when requested by the chair or ranking Member of a committee, the prospective costs of legislation that would change conditions of federal financial assistance. The bill also would have made private-sector mandates subject to a substantive point of order and removed UMRA's exemption for rules issued by most independent agencies. These UMRA provisions were reintroduced during the 113th Congress as H.R. 899, the Unfunded Mandates Information and Transparency Act of 2014, which was passed by the House on February 28, 2014, and included in H.R. 4, the Jobs for America Act [of 2014], which was passed by the House on September 18, 2014. This report examines debates over what constitutes an unfunded federal mandate and UMRA's implementation. It focuses on UMRA's requirement that CBO issue written cost estimate statements for federal mandates in legislation, its procedures for raising points of order in the House and Senate concerning unfunded federal mandates in legislation, and its requirement that federal agencies prepare written cost estimate statements for federal mandates in rules. It also assesses UMRA's impact on federal mandates and arguments concerning UMRA's future, focusing on UMRA's definitions, exclusions, and exceptions that currently exempt many federal actions with potentially significant financial impacts on nonfederal entities.

Unfunded Mandates Reform Act

Unfunded Mandates Reform Act
Author: Congressional Research Service
Publisher: Createspace Independent Publishing Platform
Total Pages: 58
Release: 2017-04-07
Genre:
ISBN: 9781545214374

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The Unfunded Mandates Reform Act of 1995 (UMRA) culminated years of effort by state and local government officials and business interests to control, if not eliminate, the imposition of unfunded intergovernmental and private-sector federal mandates. Advocates argued the statute was needed to forestall federal legislation and regulations that imposed obligations on state and local governments or businesses that resulted in higher costs and inefficiencies. Opponents argued that federal mandates may be necessary to achieve national objectives in areas where voluntary action by state and local governments and business failed to achieve desired results. UMRA provides a framework for the Congressional Budget Office (CBO) to estimate the direct costs of mandates in legislative proposals to state and local governments and to the private sector, and for issuing agencies to estimate the direct costs of mandates in proposed regulations to regulated entities. Aside from these informational requirements, UMRA controls the imposition of mandates only through a procedural mechanism allowing Congress to decline to consider unfunded intergovernmental mandates in proposed legislation if they are estimated to cost more than specified threshold amounts. UMRA applies to any provision in legislation, statute, or regulation that would impose an enforceable duty upon state and local governments or the private sector. It does not apply to conditions of federal assistance; duties stemming from participation in voluntary federal programs; rules issued by independent regulatory agencies; rules issued without a general notice of proposed rulemaking; and rules and legislative provisions that cover individual constitutional rights, discrimination, emergency assistance, grant accounting and auditing procedures, national security, treaty obligations, and certain elements of Social Security. State and local government officials argue that UMRA's coverage should be broadened, with special consideration given to including conditions of federal financial assistance. During the 114th Congress, H.R. 50, the Unfunded Mandates Information and Transparency Act of 2015, which was passed by the House on February 4, 2015, and its companion bill in the Senate, S. 189, would have broadened UMRA's coverage to include both direct and indirect costs, such as foregone profits and costs passed onto consumers, and, when requested by the chair or ranking Member of a committee, the prospective costs of legislation that would change conditions of federal financial assistance. The bills also would have made private-sector mandates subject to a substantive point of order and removed UMRA's exemption for rules issued by most independent agencies. H.R. 50 has been reintroduced in the 115th Congress as the Unfunded Mandates Information and Transparency Act of 2017. This report examines debates over what constitutes an unfunded federal mandate and UMRA's implementation. It focuses on UMRA's requirement that CBO issue written cost estimate statements for federal mandates in legislation, its procedures for raising points of order in the House and Senate concerning unfunded federal mandates in legislation, and its requirement that federal agencies prepare written cost estimate statements for federal mandates in rules. It also assesses UMRA's impact on federal mandates and arguments concerning UMRA's future, focusing on UMRA's definitions, exclusions, and exceptions that currently exempt many federal actions with potentially significant financial impacts on nonfederal entities. An examination of the rise of unfunded federal mandates as a national issue and a summary of UMRA's legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.

Federal Mandates

Federal Mandates
Author: U S Government Accountability Office (G
Publisher: BiblioGov
Total Pages: 28
Release: 2013-06
Genre:
ISBN: 9781289088521

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Pursuant to a congressional request, GAO provided information on the perspectives of state and local government representatives on the impact of unfunded federal mandates. GAO noted that: (1) state and local officials are concerned with the cost of mandates, the lack of flexibility and impact of mandates on local budgets, and the absence of evidence to support the need for some mandates; (2) the costs of implementing unfunded mandates are difficult to measure; (3) although growing concern about the effects of mandates on state and local governments has generated a variety of countermeasures, no uniform solutions have been found; and (4) legislative initiatives to restrict the passage of unfunded mandates have been introduced at the state and federal levels of government.

Federal Mandates on State and Local Governments

Federal Mandates on State and Local Governments
Author: United States. Congress. Senate. Committee on Governmental Affairs
Publisher:
Total Pages: 340
Release: 1994
Genre: Political Science
ISBN:

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Impact of Unfunded Mandates on State and Local Governments

Impact of Unfunded Mandates on State and Local Governments
Author: Committee on Government Operations
Publisher: Forgotten Books
Total Pages: 134
Release: 2016-12-28
Genre: Reference
ISBN: 9781334798139

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Excerpt from Impact of Unfunded Mandates on State and Local Governments: Hearing Before the Human Resources and Intergovernmental Relations Subcommittee of the Committee on Government Operations, House of Representatives, One Hundred Third Congress, Second Session; February 26, 1994 The way that procedure works is we have a Rules Committee that proposes the rule for each particular bill - the rule changing for each bill. And the Rules Committee makes its recommendations and in the 5 years that I have been in Congress, I can tell you that the rule proposed by the Rules Committee is almost universally adopted b the full House of Representatives. In other words, it is almost a orm where the Rules Committee says this should be the rule that governs this bill; the House of Representatives votes in favor of the rule and then we go on and debate the bill in the form that they have set out. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

The Politics of Unfunded Mandates

The Politics of Unfunded Mandates
Author: Paul L. Posner
Publisher: Georgetown University Press
Total Pages: 263
Release: 1998
Genre: Political Science
ISBN: 087840709X

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This book is the first comprehensive analysis of the politics behind the use of mandates requiring state and local governments to implement federal policy. Over the last twenty-five years, during both liberal and conservative eras, federal mandates have emerged as a resilient tool for advancing the interests of both political parties. Revealing the politics that led to the policies, Paul L. Posner explores the origins of these congressional mandates, what interests and needs they satisfy, whether mandate reform initiatives can be expected to alter their use, and their implications for federalism. This book reveals how mandates have changed the way policy is formed in the United States and the fundamental relationship between the federal government and the state and local governments.