2 U.S.C. § 1551 — Baseline study of costs and benefits

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—