2 U.S.C. § 1533 — Small government agency plan

Page 358 TITLE 2—THE CONGRESS § 1532 procedures, and guidelines for centralized review of new and existing regulations to make the regulatory proc- ess more efficient, see Ex. Ord. No. 12866, Sept. 30, 1993, 58 F.R. 51735, set out as a note under section 601 of Title 5, Government Organization and Employees. § 1532. Statements to accompany significant reg- ulatory actions (a) In general Unless otherwise prohibited by law, before promulgating any general notice of proposed rulemaking that is likely to result in promulga- tion of any rule that includes any Federal man- date that may result in the expenditure by State, local, and tribal governments, in the ag- gregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any 1 year, and before promulgating any final rule for which a general notice of proposed rule- making was published, the agency shall prepare a written statement containing— (1) an identification of the provision of Fed- eral law under which the rule is being promul- gated; (2) a qualitative and quantitative assess- ment of the anticipated costs and benefits of the Federal mandate, including the costs and benefits to State, local, and tribal govern- ments or the private sector, as well as the ef- fect of the Federal mandate on health, safety, and the natural environment and such an as- sessment shall include— (A) an analysis of the extent to which such costs to State, local, and tribal governments may be paid with Federal financial assist- ance (or otherwise paid for by the Federal Government); and (B) the extent to which there are available Federal resources to carry out the intergov- ernmental mandate; (3) estimates by the agency, if and to the ex- tent that the agency determines that accurate estimates are reasonably feasible, of— (A) the future compliance costs of the Fed- eral mandate; and (B) any disproportionate budgetary effects of the Federal mandate upon any particular regions of the nation or particular State, local, or tribal governments, urban or rural or other types of communities, or particular segments of the private sector; (4) estimates by the agency of the effect on the national economy, such as the effect on productivity, economic growth, full employ- ment, creation of productive jobs, and inter- national competitiveness of United States goods and services, if and to the extent that the agency in its sole discretion determines that accurate estimates are reasonably fea- sible and that such effect is relevant and ma- terial; and (5)(A) a description of the extent of the agen- cy’s prior consultation with elected represent- atives (under section 1534 of this title) of the affected State, local, and tribal governments; (B) a summary of the comments and con- cerns that were presented by State, local, or tribal governments either orally or in writing to the agency; and (C) a summary of the agency’s evaluation of those comments and concerns. (b) Promulgation In promulgating a general notice of proposed rulemaking or a final rule for which a statement under subsection (a) is required, the agency shall include in the promulgation a summary of the information contained in the statement. (c) Preparation in conjunction with other state- ment Any agency may prepare any statement re- quired under subsection (a) in conjunction with or as a part of any other statement or analysis, provided that the statement or analysis satisfies the provisions of subsection (a). (Pub. L. 104–4, title II, § 202, Mar. 22, 1995, 109 Stat. 64.) § 1533. Small government agency plan (a) Effects on small governments Before establishing any regulatory require- ments that might significantly or uniquely af- fect small governments, agencies shall have de- veloped a plan under which the agency shall— (1) provide notice of the requirements to po- tentially affected small governments, if any; (2) enable officials of affected small govern- ments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovern- mental mandates; and (3) inform, educate, and advise small govern- ments on compliance with the requirements. (b) Authorization of appropriations There are authorized to be appropriated to each agency to carry out the provisions of this section and for no other purpose, such sums as are necessary. (Pub. L. 104–4, title II, § 203, Mar. 22, 1995, 109 Stat. 65.) § 1534. State, local, and tribal government input (a) In general Each agency shall, to the extent permitted in law, develop an effective process to permit elect- ed officers of State, local, and tribal govern- ments (or their designated employees with au- thority to act on their behalf) to provide mean- ingful and timely input in the development of regulatory proposals containing significant Fed- eral intergovernmental mandates. (b) Meetings between State, local, tribal and Fed- eral officers Chapter 10 of title 5 shall not apply to actions in support of intergovernmental communica- tions where— (1) meetings are held exclusively between Federal officials and elected officers of State, local, and tribal governments (or their des- ignated employees with authority to act on their behalf) acting in their official capacities; and (2) such meetings are solely for the purposes of exchanging views, information, or advice re- lating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or adminis- tration.