§1534 — Title 2 The Congress | U.S. Code

Summary

Federal agencies must create a clear way for state, local, and tribal elected officials (or staff who are allowed to act for them) to give timely and useful feedback when the agency makes rules that include major federal requirements for those governments. A federal personnel rule called Chapter 10 of title 5 does not apply when meetings are only between federal officials and those elected officials (or their authorized staff) and only involve sharing views or advice about running federal programs that those governments help manage. By September 22, 1995 (six months after March 22, 1995), the President must give agencies instructions on how to follow these steps under the law.

Title 2, §1534

The Congress — Source: USLM XML via OLRC

(a)Each agency shall, to the extent permitted in law, develop an effective process to permit elected officers of State, local, and tribal governments (or their designated employees with authority to act on their behalf) to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates.

(b)Chapter 10 of title 5 shall not apply to actions in support of intergovernmental communications where—

(1)meetings are held exclusively between Federal officials and elected officers of State, local, and tribal governments (or their designated 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 relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration.

(c)No later than 6 months after March 22, 1995, the President shall issue guidelines and instructions to Federal agencies for appropriate implementation of subsections (a) and (b) consistent with applicable laws and regulations.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (b). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in introductory provisions.

Executive Documents

Delegation of Authority To Issue Guidelines and Instructions Memorandum of President of the United States, Aug. 25, 1995, 60 F.R. 45039, provided: Memorandum for the Director of the Office of Management and Budget By the authority vested in me as President by the Constitution and laws of the United States, including section 204(c) of the Unfunded Mandates Reform Act of 1995 (Public Law 104–4) [2 U.S.C. 1534(c)] and section 301 of title 3 of the United States Code, I hereby delegate to the Director of the Office of Management and Budget the authority vested in the President to issue the guidelines and instructions to Federal agencies required by section 204(c) of that Act. You are authorized and directed to publish this memorandum in the Federal Register. William J. Clinton.

§1534 State, Local, and Tribal Government Input