109 STAT. 66 PUBLIC LAW 104-4 —MAR. 22, 1995 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) MEETINGS BETWEEN STATE, LOCAL, TRIBAL AND FEDERAL OFFICERS. —The Federal Advisory Committee Act (5 U.S.C. App.) 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) IMPLEMENTING GUIDELINES. —No later than 6 months after the date of enactment of this Act, the President shall issue guidelines and instructions to Federal agencies for appropriate implementation of subsections (a) and (b) consistent with applicable laws and regulations. 2 USC 1535. SEC. 205. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED. (a) IN GENERAL.— Except as provided in subsection (b), before promulgating any rule for which a written statement is required under section 202, the agency shall identify and consider a reasonable number of regulatory alternatives and from those alternatives select the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule, for— (1) State, local, and tribal governments, in the case of a rule containing a Federal intergovernmental mandate; and (2) the private sector, in the case of a rule containing a Federal private sector mandate. (b) EXCEPTION. — The provisions of subsection (a) shall apply unless— (1) the head of the affected agency publishes with the final rule an explanation of why the least costly, most costeffective or least burdensome method of achieving the objectives of the rule was not adopted; or (2) the provisions are inconsistent with law. (c) OMB CERTIFICATION.—No later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall certify to Congress, with a written explanation, agency compliance with this section and include in that certification agencies and rulemakings that fail to adequately comply with this section. 2 USC 1536. SEC. 206. ASSISTANCE TO THE CONGRESSIONAL BUDGET OFFICE. The Director of the Office of Management and Budget shall— (1) collect from agencies the statements prepared under section 202; and (2) periodically forward copies of such statements to the Director of the Congressional Budget Office on a reasonably timely basis after promulgation of the general notice of proposed rulemaking or of the final rule for which the statement was prepared.
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