Unfunded Mandates Reform Act

Unfunded Mandates Reform Act
Author: Congressional Research Service
Publisher: Createspace Independent Pub
Total Pages: 56
Release: 2015-02-06
Genre: Political Science
ISBN: 9781508601999

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. UMRA 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. State and local government officials argue that UMRA's 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's 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's 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). This report examines debates over what constitutes an unfunded federal mandate and UMRA's implementation. It focuses on UMRA's 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's impact on federal mandates and arguments concerning UMRA's future, focusing on UMRA's definitions, exclusions, and exceptions that currently exempt many federal actions with potentially significant financial impacts on nonfederal entities.

Unfunded Mandates Reform Act

Unfunded Mandates Reform Act
Author: Congressional Research Service
Publisher: Createspace Independent Publishing Platform
Total Pages: 58
Release: 2017-04-07
Genre:
ISBN: 9781545214374

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. UMRA 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. State and local government officials argue that UMRA's 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's 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's 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. This report examines debates over what constitutes an unfunded federal mandate and UMRA's implementation. It focuses on UMRA's 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's impact on federal mandates and arguments concerning UMRA's future, focusing on UMRA's 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's legislative history are provided in Appendix A. Citations to UMRA points of order raised in the House and Senate are provided in Appendix B.

The Administrative State

The Administrative State
Author: Dwight Waldo
Publisher: Routledge
Total Pages: 384
Release: 2017-09-04
Genre: Political Science
ISBN: 1351486330

This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.

American Government 3e

American Government 3e
Author: Glen Krutz
Publisher:
Total Pages: 0
Release: 2023-05-12
Genre:
ISBN: 9781738998470

Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.

Foundations of Public Service

Foundations of Public Service
Author: Douglas F. Morgan
Publisher: Routledge
Total Pages: 583
Release: 2021-09-30
Genre: Political Science
ISBN: 1000462633

Designed to serve as a basic text for introductory courses in public administration, this pioneering work provides students with a clear-eyed understanding of the vital management functions covered in most standard textbooks with two important differences. First, it is written to address the needs of both the experienced practitioner and the entry-level public servant. Case examples bridge the content-rich environment of practitioners with the principles of public administration sought by pre-service students. Second, the discussion of management practices is grounded in the political and ethical tensions inherent in the American constitutional form of governance. This innovative approach reflects the authors' belief that public administration operates as an integral part of the country's political traditions, and thereby helps define the political culture. Key themes in this third edition include: • an emphasis on the ways in which public administration and their agents play a critical role in ensuring legal and political accountability of the political system; • an exploration of local public administration as the backstop of American democracy, requiring a close working partnership between part-time elected officials and career administrators; • careful examination of the ways in which the American political economy requires administrators who are skilled at co-producing the common good with voluntary associations, businesses, nonprofit organizations and other governmental entities; • an understanding that public administration plays a critical role with its prudential judgments in balancing the competing values necessary to secure a regime of ordered liberty. Every chapter has been thoroughly updated, with particular attention paid to chapters on budgeting and revenue, e-government and the digital divide, shared power and the rise of "wicked problems," and the future of public administration in the United States amidst deep polarization. Foundations of Public Service, 3rd Edition provides a framework for understanding American political traditions and how they inform public administration as a political practice. It is required reading for all introductory Public Administration courses with an emphasis on practice and real-world applications.

Introduction to Governance, Government and Public Administration

Introduction to Governance, Government and Public Administration
Author: Aimee L. Franklin
Publisher: Springer Nature
Total Pages: 307
Release: 2023-07-26
Genre: Political Science
ISBN: 303132689X

This undergraduate textbook introduces students to the subjects of public administration, government and governance. It provides an accessible and informative overview of the various substantive areas that comprise the study of public administration, drawing on examples and case studies from around the world. The opening chapters outline some of the basics of the political-administrative institutional arrangements for governing. The following chapters introduce students to the fundamentals of public administration. Study questions, supplemental guidance for instructors, and a glossary of terms will be useful for both students and teachers.

Local Autonomy as a Human Right

Local Autonomy as a Human Right
Author: Joshua B. Forrest
Publisher: Rowman & Littlefield
Total Pages: 589
Release: 2021-08-27
Genre: Political Science
ISBN: 153815451X

Local Autonomy as a Human Right contends that local communities struggle to preserve their territorial autonomy over time despite changes to the broader political and geographic contexts within which they are embedded. Forrest argues that this both reflects and is evidence of a worldwide embrace of local control as a key political and social value, indeed, of such importance that it should be embraced and codified as a human right. This study weaves together evidence grounded in a variety of disciplines - history, geography, comparative politics, sociology, public policy, anthropology, international jurisprudence, rural studies, urban studies -- to make clear that a presumed, inherent moral right to local self-determination has been manifested in many different historical and social contexts. This book constructs a compelling argument favoring a human right to local autonomy. It identifies practical factors that help to account for the relative success of communities that are able to assert local control over time. Here, particular attention is paid to whether localities are able to generate policy and organizational capacity. Forrest suggests that a focus on local policy and organizational capacity can help to explain why some communities attempting to assert greater local control are more successful than others. Local Autonomy as a Human Right contributes to scholarly debates regarding the varied impacts of globalization, with the place-based perspective and moral emphasis on territorial-centered rights put forth herein offering a necessary counter-narrative to the often-presumed predominance of global forces.