2 U.S.C. § 1552 — Report on Federal mandates by Advisory

Page 360 TITLE 2—THE CONGRESS § 1551 House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Com- mittee on Oversight and Reform of House of Represent- atives changed to Committee on Oversight and Ac- countability of House of Representatives by House Res- olution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. SUBCHAPTER III—REVIEW OF FEDERAL MANDATES § 1551. Baseline study of costs and benefits (a) In general No later than 18 months after March 22, 1995, the Advisory Commission on Intergovernmental Relations (hereafter in this subchapter referred to as the ‘‘Advisory Commission’’), in consulta- tion with the Director, shall complete a study to examine the measurement and definition issues involved in calculating the total costs and bene- fits to State, local, and tribal governments of compliance with Federal law. (b) Considerations The study required by this section shall con- sider— (1) the feasibility of measuring indirect costs and benefits as well as direct costs and bene- fits of the Federal, State, local, and tribal re- lationship; and (2) how to measure both the direct and indi- rect benefits of Federal financial assistance and tax benefits to State, local, and tribal governments. (Pub. L. 104–4, title III, § 301, Mar. 22, 1995, 109 Stat. 67.) § 1552. Report on Federal mandates by Advisory Commission on Intergovernmental Relations (a) In general The Advisory Commission on Intergovern- mental 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 Fed- eral government objectives and responsibil- ities, and their impact on the competitive bal- ance between State, local, and tribal govern- ments, 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 un- funded State mandates imposed on local gov- ernments; (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 com- plex; (B) reconciling any 2 or more Federal man- dates which impose contradictory or incon- sistent requirements; (C) terminating Federal mandates which are duplicative, obsolete, or lacking in prac- tical utility; (D) suspending, on a temporary basis, Fed- eral 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 re- quirements of such mandates, in order to re- duce duplication and facilitate compliance by State, local, and tribal governments with those mandates; (F) establishing common Federal defini- tions or standards to be used by State, local, and tribal governments in complying with Federal mandates that use different defini- tions 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 govern- ments 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 rec- ommendation made under paragraph (3), to the extent practicable— (A) the specific Federal mandates to which the recommendation applies, including re- quirements of the departments, agencies, and other entities of the Federal Govern- ment that State, local, and tribal govern- ments utilize metric systems of measure- ment; 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). (2) Issuance of proposed criteria The Commission shall issue proposed cri- teria under this subsection no later than 60 days after March 22, 1995, and thereafter pro- vide 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 sub- section. (c) Preliminary report (1) In general No later than 9 months after March 22, 1995, the Commission shall— Page 361 TITLE 2—THE CONGRESS § 1554 (A) prepare and publish a preliminary re- port on its activities under this subchapter, including preliminary recommendations pur- suant to subsection (a); (B) publish in the Federal Register a no- tice of availability of the preliminary re- port; and (C) provide copies of the preliminary re- port to the public upon request. (2) Public hearings The Commission shall hold public hearings on the preliminary recommendations con- tained in the preliminary report of the Com- mission under this subsection. (d) Final report No later than 3 months after the date of the publication of the preliminary report under sub- section (c), the Commission shall submit to the Congress, including the Committee on Govern- ment Reform and Oversight of the House of Rep- resentatives, 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, con- clusions, and recommendations of the Commis- sion under this section. (e) Priority to mandates that are subject of judi- cial proceedings In carrying out this section, the Advisory Commission shall give the highest priority to immediately investigating, reviewing, and mak- ing recommendations regarding Federal man- dates 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 stat- ute or regulation that imposes an enforceable duty on local governments, the private sector, or individuals, including a condition of State as- sistance or a duty arising from participation in a voluntary State program. (Pub. L. 104–4, title III, § 302, Mar. 22, 1995, 109 Stat. 67.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. 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. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Rep- resentatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Com- mittee on Oversight and Reform of House of Represent- atives changed to Committee on Oversight and Ac- countability of House of Representatives by House Res- olution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 1553. Special authorities of Advisory Commis- sion (a) Experts and consultants For purposes of carrying out this subchapter, the Advisory Commission may procure tem- porary and intermittent services of experts or consultants under section 3109(b) of title 5. (b) Detail of staff of Federal agencies Upon request of the Executive Director of the Advisory Commission, the head of any Federal department or agency may detail, on a reim- bursable basis, any of the personnel of that de- partment or agency to the Advisory Commission to assist it in carrying out this subchapter. (c) Administrative support services Upon the request of the Advisory Commission, the Administrator of General Services shall pro- vide to the Advisory Commission, on a reim- bursable basis, the administrative support serv- ices necessary for the Advisory Commission to carry out its duties under this subchapter. (d) Contract authority The Advisory Commission may, subject to ap- propriations, contract with and compensate gov- ernment and private persons (including agen- cies) for property and services used to carry out its duties under this subchapter. (Pub. L. 104–4, title III, § 303, Mar. 22, 1995, 109 Stat. 69.) § 1554. Annual report to Congress regarding Fed- eral court rulings No later than 4 months after March 22, 1995, and no later than March 15 of each year there- after, the Advisory Commission on Intergovern- mental Relations shall submit to the Congress, including the Committee on Government Re- form and Oversight of the House of Representa- tives and the Committee on Governmental Af- fairs of the Senate, and to the President a report describing any Federal court case to which a State, local, or tribal government was a party in the preceding calendar year that required such State, local, or tribal government to undertake responsibilities or activities, beyond those such government would otherwise have undertaken, to comply with Federal statutes and regula- tions. (Pub. L. 104–4, title III, § 304, Mar. 22, 1995, 109 Stat. 70.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. 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. Committee on Government Reform of House of Representatives changed to Committee on