Unfunded mandates

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State responses to federal mandates

The term unfunded mandates refers to regulations or other requirements imposed by a higher level of government on a lower one, but without accompanying appropriations to cover the cost of compliance.

Local school boards frequently complain that laws and regulations imposed by state and federal bodies are unfunded mandates. The actual costs of such unfunded mandates are difficult if not impossible to pin down with accuracy, for they often involve nothing more definite than added demands on the time of school administrators.

Examples of unfunded mandates

Frequently cited examples of unfunded mandates are increased student testing and reporting requirements of the federal No Child Left Behind Act (NCLB), a piece of federal education legislation, passed in 2001, which required states to develop standardized tests and to give these assessments to all students at certain designated grade levels in order to receive federal funding.[1] Other examples include the Clean Air Act and Medicaid.

Legislation related to unfunded mandates

Unfunded Mandates Reform Act

See also: Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act (UMRA) of 1995 is a federal law that aimed to minimize the imposition of federal unfunded mandates on businesses and state, local, and tribal governments. The UMRA also sought to improve communication and collaboration between the federal government and local entities. President Bill Clinton (D) signed the UMRA into law on March 22, 1995.[2][3]

Federal mandates by the numbers

See also: Federalism by the numbers

Total number of federal mandates enacted between 2007 and 2019

The following charts show the total number of federal mandates enacted between 2007 and 2019, including 420 intergovernmental mandates and 790 private-sector mandates.

Total number of intergovernmental mandates enacted between 2007 and 2019

The following charts show the number of intergovernmental mandates enacted each year between 2007 and 2019. There have been a total of 420 mandates enacted within 190 laws.

Total number of private-sector mandates enacted between 2007 and 2019

The following charts show the number of private-sector mandates enacted each year between 2007 and 2019. There have been a total of 790 mandates enacted within 294 laws.

Total number of intergovernmental mandates and private-sector mandates enacted between 2007 and 2019 that exceed the statutory threshold

The following charts show the number of intergovernmental and private-sector mandates enacted each year between 2007 and 2019 that exceed the statutory threshold. The statutory threshold for intergovernmental mandates is $50 million annually and the statutory threshold for private-sector mandates is $100 million annually. There have been a total of 15 intergovernmental mandates enacted that exceed $50 million annually and a total of 118 private-sector mandates enacted that exceed $100 million annually.

Total number of intergovernmental mandates enacted between 1996 and 2019 that exceed the statutory threshold

The following charts show the total number of intergovernmental mandates enacted between 1996 and 2019 that exceed the statutory threshold according to the topic of the mandate. The statutory threshold for intergovernmental mandates is $50 million annually. The table below also includes the corresponding statutes for each intergovernmental mandate.

Total number of private-sector mandates enacted between 1996 and 2019 that exceed the statutory threshold

The following charts show the total number of private-sector mandates enacted between 1996 and 2019 that exceed the statutory threshold according to the topic of the mandate. The statutory threshold for private-sector mandates is $100 million annually. The table below also includes the corresponding statutes for each private-sector mandate.

Total number of final regulations with federalism impacts enacted between 1996 and 2020

The following chart shows the total number of final regulations with federalism impacts enacted between 1996 and 2020. The Office of Information and Regulatory Affairs defines federalism implications as "actions 'that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'"[4]

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