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unfunded mandate : ウィキペディア英語版
unfunded mandate
In the United States, federal mandates are orders that induce "responsibility, action, procedure or anything else that is imposed by constitutional, administrative, executive, or judicial action" for state and local governments and/or the private sector.〔Catherine H. Lovell, Max Neiman, Robert Kneisel, Adam Rose, and Charles Tobin, Federal and State Mandating on Local Governments: Report to the National Science Foundation (Riverside, CA: University of California, June 1979), p.32〕
An unfunded mandate is a statute or regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements. Public individuals or organizations can also be required to fulfill public mandates.〔(【引用サイトリンク】title= Unfunded mandate )
As of 1992, 172 federal mandates obligated state or local governments to fund programs to some extent.〔Dilger, Robert J., and Richard S. Beth. Unfunded Mandates Reform Act: History, Impact, and Issues. Publication no. 7-5700. Congressional Research Service, 2012. Print.〕 Beginning with the Civil Rights Act of 1957 and the Civil Rights Act of 1964, as well as the Voting Rights Act of 1965, the United States federal government has designed laws that require state and local government spending to promote national goals.〔"Voting Rights Act." America's Historical Documents. Web. 08 Apr. 2012. .〕 During the 1970s, the national government promoted education, mental health, and environmental programs by implementing grant projects at a state and local level; the grants were so common that the federal assistance for these programs made up over a quarter of state and local budgets.〔Salamon, Lester M., and Michael S. Lund. Beyond Privatization: The Tools of Government Action. Washington, D.C.: Urban Institute, 1989.〕 The rise in federal mandates led to more mandate regulation.〔 During the Reagan Administration, (Executive Order 12291 ) and the (State and Local Cost Estimate Act of 1981 ) were passed, which implemented a careful examination of the true costs of federal unfunded mandates.〔Public law 97-108.〕〔United States. Cong. House. House Committee on Rules. Statement. By Alice M. Rivlin. H. Doc. Congressional Budget Office, 1981. Print.〕 More reform for federal mandates came in 1995 with the (Unfunded Mandates Reform Act (UMRA) ), which promoted a Congressional focus on the costs imposed onto intergovernmental entities and the private sector because of federal mandates.〔Anderson, Stacy, and Russell Constantine. Unfunded Mandates. Briefing Paper No. 7. Harvard Law School Federal Budget Policy Seminar, 3 May 2005. Web. 8 Apr. 2012. 〕〔United States. Environmental Protection Agency. Summary of the Unfunded Mandates Reform Act. Print.〕 Familiar examples of Federal Unfunded Mandates in the United States include the Americans with Disabilities Act and Medicaid.〔Dilger, Robert J., and Richard S. Beth. Unfunded Mandates Reform Act: History, Impact, and Issues. Publication no. 7-5700. Congressional Research Service, 2012. Print.
==Background==
An "intergovernmental mandate" generally refers to the responsibilities or activities that one level of government imposes on another by constitutional, legislative, executive or judicial action.〔Lex, Leo. "Intergovernmental Mandates in Federal Legislation," CBO Economic and Budget Issue Brief, (July: 2009).〕 According to the Unfunded Mandates Reform Act of 1995 (UMRA), an intergovernmental mandate can take various forms:
*''An enforceable duty''-this refers to any type of legislation, statute or regulation that either requires or proscribes an action of state or local governments, excluding actions imposed as conditions of receiving federal aid.〔Congressional Budget Office. "Identifying Intergovernmental Mandates," Economic and Budget Issue Brief. Jan 2005. 2.〕
*''Certain changes in large entitlement programs''-this refers to instances when new conditions or reductions in large entitlement programs, providing $500 million or more annually to state or local governments, are imposed by the federal government.〔
*''A reduction in federal funding for an existing mandate''-this refers to a reduction or elimination of federal funding authorized to cover the costs of an existing mandate.〔
A 1993 study conducted by Price Waterhouse, sponsored by the National Association of Counties, determined that in fiscal year 1993 counties in the US spent $4.8 billion for twelve unfunded federal mandates.〔Price Waterhouse letter to the Honorable Barbara Sheen Todd, National Association of Counties, 25 October 1993.〕 Medicaid was one of these twelve unfunded mandates, and comprised the second largest item in state budgets, accounting for almost 13 percent of state general revenues in 1993.〔Johnston, Jocelyn. "The Medicaid Mandates of the 1980s: An Intergovernmental Perspective," Public Budgeting and Finance (Spring, 1997), 3-34.〕
Mandates can be applied either ''vertically'' or ''horizontally''.〔Herzfeld, Daniel. "Accountability and the Nondelegation of Unfunded Mandates: A Public Choice Analysis of the Supreme Court's Tenth Amendment Federalism Jurisprudence," George Mason Law Review. 419. (1998–1999)〕 Vertically applied mandates are directed by a level of government at a single department or program. Conversely, horizontally applied, or "crosscutting," mandates refer to mandates that affect various departments or programs.〔Lovell, Chatherine and Tobin, Charles. "The Mandate Issue," Public Administration Review, Vol. 41, No. 3 (May–June, 1981). 318-331.〕 For example, a mandate requiring county health departments to provide outpatient mental health programs would be considered a vertically applied mandate, whereas a requirement that all offices in a given jurisdiction to become handicap-accessible would be considered a horizontally applied mandate.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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