Mandates: Fiscal Accountability Issues
National leaders under pressure are often tempted to consider shifting costs to other levels of government and to satisfy new demands for public services by passing mandates and costs to other levels of governments to finance new programmes. These new mandates take a variety of forms but have one central feature: they permit the national government leaders to claim credit without paying for the costs of their own initiatives. This article examines intergovernmental relationships and the various forms of mandates including direct-order mandates, grants, pre-emptions, and tax policy. The article discusses the arguments for mandates, trends in their use, and reforms to curb them. The roles of agency cost-benefit analysis and legislative information and deliberation are particularly important. JEL classification: H200, H300, H540, H710, H810.
Unfunded Mandates Reform Act: History, Impact, and Issues
This report examines debates over what constitutes an unfunded federal mandate and the Unfunded Mandate Reform Act's (UMRA's) implementation. It also discusses particular mandates and procedures associated with UMRA, and 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.
The Energy Policy Act of 2005: a missed opportunity
Commentary by Edward L Flippen (Partner, McGuire Woods LLP, Richmond, Virgina; Lecturer in Law at the University of Virginia School of Law; Honorary Senior Research Fellow at the University College London Faculty of Laws) on the United States energy policy legislation of 2005. Published in Amicus Curiae – Journal of the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies. The Journal is produced by SALS at the IALS (Institute of Advanced Legal Studies, School of Advanced Study, University of London).