{ "id": "R40957", "type": "CRS Report", "typeId": "R", "number": "R40957", "active": true, "source": "CRSReports.Congress.gov, EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source_dir": "crsreports.congress.gov", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "retrieved": "2021-03-17T04:03:29.694752", "id": "R40957_109_2021-02-23", "formats": [ { "filename": "files/2021-02-23_R40957_648330709880c53bd0533e2105a1b4368e846ad1.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R40957/109", "sha1": "648330709880c53bd0533e2105a1b4368e846ad1" }, { "format": "HTML", "filename": "files/2021-02-23_R40957_648330709880c53bd0533e2105a1b4368e846ad1.html" } ], "date": "2021-02-23", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R40957", "type": "CRS Report" }, { "source_dir": "crsreports.congress.gov", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "retrieved": "2021-03-17T04:03:29.694158", "id": "R40957_108_2020-07-17", "formats": [ { "filename": "files/2020-07-17_R40957_2686fc8a0579f0f7838c7d0a6a4f48a5f4bc1ef1.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R40957/108", "sha1": "2686fc8a0579f0f7838c7d0a6a4f48a5f4bc1ef1" }, { "format": "HTML", "filename": "files/2020-07-17_R40957_2686fc8a0579f0f7838c7d0a6a4f48a5f4bc1ef1.html" } ], "date": "2020-07-17", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R40957", "type": "CRS Report" }, { "source": "EveryCRSReport.com", "id": 612593, "date": "2020-01-02", "retrieved": "2020-01-08T23:23:59.454901", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "summary": "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.\nUMRA 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 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. In most instances, UMRA also does not apply to conditions of federal assistance.\nState and local government officials argue that UMRA\u2019s coverage should be broadened, with special consideration given to including conditions of federal financial assistance. During the 116th Congress, H.R. 300, the Unfunded Mandates Information and Transparency Act of 2019, would broaden UMRA\u2019s 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 make private-sector mandates subject to a substantive point of order and remove UMRA\u2019s exemption for rules issued by most independent agencies. The House approved similar legislation during the 112th, 113th, 114th, and 115th Congresses.\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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\u2019s impact on federal mandates and arguments concerning UMRA\u2019s future, focusing on UMRA\u2019s 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\u2019s legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R40957", "sha1": "01cf4a77e677b9496de5eb440f682fcd8105f861", "filename": "files/20200102_R40957_01cf4a77e677b9496de5eb440f682fcd8105f861.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R40957", "sha1": "8a6ae41bd265a15867800fedec86a2ef1f13bc51", "filename": "files/20200102_R40957_8a6ae41bd265a15867800fedec86a2ef1f13bc51.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4816, "name": "Rulemaking & Judicial Review" } ] }, { "source": "EveryCRSReport.com", "id": 604120, "date": "2019-08-28", "retrieved": "2019-08-28T22:21:09.678136", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "summary": "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.\nUMRA 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 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. In most instances, UMRA also does not apply to conditions of federal assistance.\nState and local government officials argue that UMRA\u2019s coverage should be broadened, with special consideration given to including conditions of federal financial assistance. During the 116th Congress, H.R. 300, the Unfunded Mandates Information and Transparency Act of 2019, would broaden UMRA\u2019s 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 make private-sector mandates subject to a substantive point of order and remove UMRA\u2019s exemption for rules issued by most independent agencies. The House approved similar legislation during the 112th, 113th, 114th, and 115th Congresses.\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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\u2019s impact on federal mandates and arguments concerning UMRA\u2019s future, focusing on UMRA\u2019s 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\u2019s legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R40957", "sha1": "2cba7f7e4977bb77ce5ccf921dcc190358da7de7", "filename": "files/20190828_R40957_2cba7f7e4977bb77ce5ccf921dcc190358da7de7.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R40957", "sha1": "03df232a05ad57fb108a129a6c0c8d50e45ad445", "filename": "files/20190828_R40957_03df232a05ad57fb108a129a6c0c8d50e45ad445.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4816, "name": "Rulemaking & Judicial Review" } ] }, { "source": "EveryCRSReport.com", "id": 598816, "date": "2019-05-22", "retrieved": "2019-05-29T22:01:20.162026", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "summary": "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.\nUMRA 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 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. In most instances, UMRA also does not apply to conditions of federal assistance.\nState and local government officials argue that UMRA\u2019s coverage should be broadened, with special consideration given to including conditions of federal financial assistance. During the 116th Congress, H.R. 300, the Unfunded Mandates Information and Transparency Act of 2019, would broaden UMRA\u2019s 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 make private-sector mandates subject to a substantive point of order and remove UMRA\u2019s exemption for rules issued by most independent agencies. The House approved similar legislation during the 112th, 113th, 114th, and 115th Congresses.\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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\u2019s impact on federal mandates and arguments concerning UMRA\u2019s future, focusing on UMRA\u2019s 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\u2019s legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R40957", "sha1": "042712816b60ccd50bb3563776170c185109828b", "filename": "files/20190522_R40957_042712816b60ccd50bb3563776170c185109828b.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R40957", "sha1": "1c7a8291b1e525c415febe4856fcb3afc20d3c51", "filename": "files/20190522_R40957_1c7a8291b1e525c415febe4856fcb3afc20d3c51.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4816, "name": "Rulemaking & Judicial Review" } ] }, { "source": "EveryCRSReport.com", "id": 589318, "date": "2019-01-02", "retrieved": "2019-04-18T13:09:32.621325", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "summary": "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.\nUMRA 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 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. In most instances, UMRA also does not apply to conditions of federal assistance.\nState and local government officials argue that UMRA\u2019s coverage should be broadened, with special consideration given to including conditions of federal financial assistance. During the 115th Congress, H.R. 50, the Unfunded Mandates Information and Transparency Act of 2017, and its Senate companion bill, S. 1523, would have broadened UMRA\u2019s 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\u2019s exemption for rules issued by most independent agencies. The House passed H.R. 50 on July 13, 2018, and approved similar legislation during the 112th Congress, 113th Congress, and 114th Congress.\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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\u2019s impact on federal mandates and arguments concerning UMRA\u2019s future, focusing on UMRA\u2019s 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\u2019s legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R40957", "sha1": "4de93f74ab33ca648707431b55cf4b53de81770e", "filename": "files/20190102_R40957_4de93f74ab33ca648707431b55cf4b53de81770e.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R40957", "sha1": "974a7cb12587f7a9d40739203c3a0af682157e8a", "filename": "files/20190102_R40957_974a7cb12587f7a9d40739203c3a0af682157e8a.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4816, "name": "Rulemaking & Judicial Review" } ] }, { "source": "EveryCRSReport.com", "id": 584763, "date": "2018-08-10", "retrieved": "2018-10-05T22:47:53.542026", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "summary": "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.\nUMRA 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. \nState and local government officials argue that UMRA\u2019s coverage should be broadened, with special consideration given to including conditions of federal financial assistance. During the 115th Congress, H.R. 50, the Unfunded Mandates Information and Transparency Act of 2017, and its Senate companion bill, S. 1523, would broaden UMRA\u2019s 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 make private-sector mandates subject to a substantive point of order and remove UMRA\u2019s exemption for rules issued by most independent agencies. The House passed H.R. 50 on July 13, 2018, and approved similar legislation 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), the 113th Congress (H.R. 899, the Unfunded Mandates Information and Transparency Act of 2014, and H.R. 4, the Jobs for America Act: Division III, the Unfunded Mandates Information and Transparency Act of 2014), and the 114th Congress (H.R. 50, the Unfunded Mandates Information and Transparency Act of 2015).\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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\u2019s impact on federal mandates and arguments concerning UMRA\u2019s future, focusing on UMRA\u2019s 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\u2019s legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40957", "sha1": "c843dae8fff82573f3620058c260152b50b217a7", "filename": "files/20180810_R40957_c843dae8fff82573f3620058c260152b50b217a7.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40957", "sha1": "aef8852595aa50a436903cd58f9a99a33681772b", "filename": "files/20180810_R40957_aef8852595aa50a436903cd58f9a99a33681772b.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4816, "name": "Rulemaking & Judicial Review" } ] }, { "source": "EveryCRSReport.com", "id": 580261, "date": "2018-04-17", "retrieved": "2018-04-24T13:09:45.667206", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "summary": "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.\nUMRA 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. \nState and local government officials argue that UMRA\u2019s coverage should be broadened, with special consideration given to including conditions of federal financial assistance. During the 115th Congress, H.R. 50, the Unfunded Mandates Information and Transparency Act of 2017, and its Senate companion bill, S. 1523, would broaden UMRA\u2019s 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 make private-sector mandates subject to a substantive point of order and remove UMRA\u2019s exemption for rules issued by most independent agencies. The House passed similar legislation 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), the 113th Congress (H.R. 899, the Unfunded Mandates Information and Transparency Act of 2014, and H.R. 4, the Jobs for America Act: Division III, the Unfunded Mandates Information and Transparency Act of 2014), and the 114th Congress (H.R. 50, the Unfunded Mandates Information and Transparency Act of 2015).\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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\u2019s impact on federal mandates and arguments concerning UMRA\u2019s future, focusing on UMRA\u2019s 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\u2019s legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40957", "sha1": "6542ca047b4e68ccc74835606610201e79a18ead", "filename": "files/20180417_R40957_6542ca047b4e68ccc74835606610201e79a18ead.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40957", "sha1": "1ed78fa3827d6b378098de665a9ee599961fa56f", "filename": "files/20180417_R40957_1ed78fa3827d6b378098de665a9ee599961fa56f.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4816, "name": "Rulemaking & Judicial Review" } ] }, { "source": "EveryCRSReport.com", "id": 578049, "date": "2018-02-02", "retrieved": "2018-02-05T13:59:41.727444", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "summary": "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.\nUMRA 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. \nState and local government officials argue that UMRA\u2019s coverage should be broadened, with special consideration given to including conditions of federal financial assistance. During the 115th Congress, H.R. 50, the Unfunded Mandates Information and Transparency Act of 2017, and its Senate companion bill, S. 1523, would broaden UMRA\u2019s 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 make private-sector mandates subject to a substantive point of order and remove UMRA\u2019s exemption for rules issued by most independent agencies. The House passed similar legislation 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), the 113th Congress (H.R. 899, the Unfunded Mandates Information and Transparency Act of 2014, and H.R. 4, the Jobs for America Act: Division III, the Unfunded Mandates Information and Transparency Act of 2014), and the 114th Congress (H.R. 50, the Unfunded Mandates Information and Transparency Act of 2015).\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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\u2019s impact on federal mandates and arguments concerning UMRA\u2019s future, focusing on UMRA\u2019s 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\u2019s legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40957", "sha1": "2e4e66857aa5d54d620ed9a28028c5ef95fe0471", "filename": "files/20180202_R40957_2e4e66857aa5d54d620ed9a28028c5ef95fe0471.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40957", "sha1": "c761a4d00ac315e754ec35cb9fe1a1126c934595", "filename": "files/20180202_R40957_c761a4d00ac315e754ec35cb9fe1a1126c934595.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4816, "name": "Rulemaking & Judicial Review" } ] }, { "source": "EveryCRSReport.com", "id": 577463, "date": "2018-01-05", "retrieved": "2018-01-10T23:04:21.395641", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "summary": "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.\nUMRA 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. \nState and local government officials argue that UMRA\u2019s coverage should be broadened, with special consideration given to including conditions of federal financial assistance. During the 115th Congress, H.R. 50, the Unfunded Mandates Information and Transparency Act of 2017, and its Senate companion bill, S. 1523, would broaden UMRA\u2019s 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 make private-sector mandates subject to a substantive point of order and remove UMRA\u2019s exemption for rules issued by most independent agencies. The House passed similar legislation 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), the 113th Congress (H.R. 899, the Unfunded Mandates Information and Transparency Act of 2014, and H.R. 4, the Jobs for America Act: Division III, the Unfunded Mandates Information and Transparency Act of 2014), and the 114th Congress (H.R. 50, the Unfunded Mandates Information and Transparency Act of 2015).\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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\u2019s impact on federal mandates and arguments concerning UMRA\u2019s future, focusing on UMRA\u2019s 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\u2019s legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40957", "sha1": "d716621a346abb3759fbb7256682705b77fb50bb", "filename": "files/20180105_R40957_d716621a346abb3759fbb7256682705b77fb50bb.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40957", "sha1": "a830e95edc48e78d5e4c5e97ffe434943525d608", "filename": "files/20180105_R40957_a830e95edc48e78d5e4c5e97ffe434943525d608.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4816, "name": "Rulemaking & Judicial Review" } ] }, { "source": "EveryCRSReport.com", "id": 574111, "date": "2017-10-13", "retrieved": "2017-10-17T14:17:17.551719", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "summary": "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.\nUMRA 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. \nState and local government officials argue that UMRA\u2019s coverage should be broadened, with special consideration given to including conditions of federal financial assistance. During the 115th Congress, H.R. 50, the Unfunded Mandates Information and Transparency Act of 2017, and its Senate companion bill, S. 1523, would broaden UMRA\u2019s 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 make private-sector mandates subject to a substantive point of order and remove UMRA\u2019s exemption for rules issued by most independent agencies. The House passed similar legislation 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), the 113th Congress (H.R. 899, the Unfunded Mandates Information and Transparency Act of 2014, and H.R. 4, the Jobs for America Act: Division III, the Unfunded Mandates Information and Transparency Act of 2014), and the 114th Congress (H.R. 50, the Unfunded Mandates Information and Transparency Act of 2015).\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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\u2019s impact on federal mandates and arguments concerning UMRA\u2019s future, focusing on UMRA\u2019s 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\u2019s legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40957", "sha1": "81832cd9afa4a637172c2b5da517b4a97306bdb3", "filename": "files/20171013_R40957_81832cd9afa4a637172c2b5da517b4a97306bdb3.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40957", "sha1": "cdc858ef7a9b6d9dad7f2e8b4575a45dc354f16d", "filename": "files/20171013_R40957_cdc858ef7a9b6d9dad7f2e8b4575a45dc354f16d.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4816, "name": "Rulemaking & Judicial Review" } ] }, { "source": "EveryCRSReport.com", "id": 463106, "date": "2017-08-07", "retrieved": "2017-08-22T13:33:06.835254", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "summary": "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.\nUMRA 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. \nState and local government officials argue that UMRA\u2019s coverage should be broadened, with special consideration given to including conditions of federal financial assistance. During the 115th Congress, H.R. 50, the Unfunded Mandates Information and Transparency Act of 2017, and its Senate companion bill, S. 1523, would broaden UMRA\u2019s 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 make private-sector mandates subject to a substantive point of order and remove UMRA\u2019s exemption for rules issued by most independent agencies. The House passed similar legislation 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), the 113th Congress (H.R. 899, the Unfunded Mandates Information and Transparency Act of 2014, and H.R. 4, the Jobs for America Act: Division III, the Unfunded Mandates Information and Transparency Act of 2014), and the 114th Congress (H.R. 50, the Unfunded Mandates Information and Transparency Act of 2015).\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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\u2019s impact on federal mandates and arguments concerning UMRA\u2019s future, focusing on UMRA\u2019s 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\u2019s legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40957", "sha1": "67b6276fbcfac40ea54a694a4d6d38ac3db1a53e", "filename": "files/20170807_R40957_67b6276fbcfac40ea54a694a4d6d38ac3db1a53e.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40957", "sha1": "772f5db626534925727eac51969b0821558163f6", "filename": "files/20170807_R40957_772f5db626534925727eac51969b0821558163f6.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4816, "name": "Rulemaking & Judicial Review" } ] }, { "source": "EveryCRSReport.com", "id": 462440, "date": "2017-07-06", "retrieved": "2017-07-17T16:35:23.791569", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "summary": "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.\nUMRA 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. \nState and local government officials argue that UMRA\u2019s 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\u2019s 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\u2019s 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. The House passed similar legislation 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) and the 113th Congress (H.R. 899, the Unfunded Mandates Information and Transparency Act of 2014, and H.R. 4, the Jobs for America Act: Division III, the Unfunded Mandates Information and Transparency Act of 2014).\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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\u2019s impact on federal mandates and arguments concerning UMRA\u2019s future, focusing on UMRA\u2019s 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\u2019s legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40957", "sha1": "d2a46c065ea081187090d340542582469c5e925d", "filename": "files/20170706_R40957_d2a46c065ea081187090d340542582469c5e925d.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40957", "sha1": "58637b646a20d489219f758ede8ef826870c50fd", "filename": "files/20170706_R40957_58637b646a20d489219f758ede8ef826870c50fd.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4816, "name": "Rulemaking & Judicial Review" } ] }, { "source": "EveryCRSReport.com", "id": 460109, "date": "2017-03-30", "retrieved": "2017-03-31T18:53:40.909754", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "summary": "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.\nUMRA 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. \nState and local government officials argue that UMRA\u2019s 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\u2019s 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\u2019s 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. The House passed similar legislation 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) and the 113th Congress (H.R. 899, the Unfunded Mandates Information and Transparency Act of 2014, and H.R. 4, the Jobs for America Act: Division III, the Unfunded Mandates Information and Transparency Act of 2014).\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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\u2019s impact on federal mandates and arguments concerning UMRA\u2019s future, focusing on UMRA\u2019s 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\u2019s legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40957", "sha1": "2f34269cdcacef3fc6bc77a7e5fb918112440858", "filename": "files/20170330_R40957_2f34269cdcacef3fc6bc77a7e5fb918112440858.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40957", "sha1": "7788a2313a91923fca0ea9e006970f18376bf0ab", "filename": "files/20170330_R40957_7788a2313a91923fca0ea9e006970f18376bf0ab.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4816, "name": "Rulemaking & Judicial Review" } ] }, { "source": "EveryCRSReport.com", "id": 458033, "date": "2017-01-05", "retrieved": "2017-01-06T19:11:56.838536", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "summary": "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.\nUMRA 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. \nState and local government officials argue that UMRA\u2019s 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\u2019s 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\u2019s exemption for rules issued by most independent agencies. The House passed similar legislation 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) and the 113th Congress (H.R. 899, the Unfunded Mandates Information and Transparency Act of 2014, and H.R. 4, the Jobs for America Act: Division III, the Unfunded Mandates Information and Transparency Act of 2014).\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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\u2019s impact on federal mandates and arguments concerning UMRA\u2019s future, focusing on UMRA\u2019s 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\u2019s legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40957", "sha1": "adc661c76927f73d839d1dc84816b52e936483e8", "filename": "files/20170105_R40957_adc661c76927f73d839d1dc84816b52e936483e8.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40957", "sha1": "6240dd4a3ec201324acfa67e10881c2edcdb2450", "filename": "files/20170105_R40957_6240dd4a3ec201324acfa67e10881c2edcdb2450.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4816, "name": "Rulemaking & Judicial Review" }, { "source": "IBCList", "id": 4862, "name": "Federalism" } ] }, { "source": "EveryCRSReport.com", "id": 456700, "date": "2016-10-27", "retrieved": "2016-11-28T21:16:16.018928", "title": "Unfunded Mandates Reform Act: History, Impact, and Issues", "summary": "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.\nUMRA 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. \nState and local government officials argue that UMRA\u2019s 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 broaden UMRA\u2019s 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 make private-sector mandates subject to a substantive point of order and remove UMRA\u2019s exemption for rules issued by most independent agencies. The House passed similar legislation 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) and the 113th Congress (H.R. 899, the Unfunded Mandates Information and Transparency Act of 2014, and H.R. 4, the Jobs for America Act: Division III, the Unfunded Mandates Information and Transparency Act of 2014).\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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. 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The House passed similar legislation 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) and the 113th Congress (H.R. 899, the Unfunded Mandates Information and Transparency Act of 2014, and H.R. 4, the Jobs for America Act: Division III, the Unfunded Mandates Information and Transparency Act of 2014).\nThis report examines debates over what constitutes an unfunded federal mandate and UMRA\u2019s implementation. It focuses on UMRA\u2019s 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\u2019s impact on federal mandates and arguments concerning UMRA\u2019s future, focusing on UMRA\u2019s 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\u2019s legislative history are provided in Appendix A. 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