§658b — Title 2 The Congress | U.S. Code

Summary

When a Senate or House authorization committee reports a public bill or joint resolution that includes any federal mandate, the committee must put specific information in its report. The report must name and describe the mandates and show the direct costs to State, local, and tribal governments and to the private sector. It must give a plain assessment of expected costs and benefits, and say how the mandates will affect health, safety, and the environment. The committee must explain how the mandates change the balance between public and private sectors and say how federal payment of public costs or changing or ending a mandate under section 658d(a)(2) would affect that balance. The report should also describe any steps the committee took to avoid hurting the private sector. If the mandates are intergovernmental, the report must also say how much new or changed federal funding (if any) is provided or usable by State, local, or tribal governments; whether the committee intends the mandates to be unfunded and why; how any funding would be allocated to match expected costs; other federal help that could assist those governments; and, if the bill makes the reduction listed in section 658(5)(B)(i)(II), how States are expected to implement that reduction and whether extra flexibility is provided. If relevant, the report must state and explain how the bill would preempt State, local, or tribal law. When the committee orders the bill, it must quickly give the bill to the Director of the Congressional Budget Office and point out any federal mandates. If the CBO sends a statement under section 658c, the committee must publish that statement in its report if it is available when the report is printed. If not published in the report or if the bill will be considered before the report is printed, the committee must put the CBO statement or a summary in the Congressional Record before the bill is debated on the floor.

Title 2, §658b

The Congress — Source: USLM XML via OLRC

(a)When a committee of authorization of the Senate or the House of Representatives reports a bill or joint resolution of public character that includes any Federal mandate, the report of the committee accompanying the bill or joint resolution shall contain the information required by subsections (c) and (d).

(b)When a committee of authorization of the Senate or the House of Representatives orders reported a bill or joint resolution of a public character, the committee shall promptly provide the bill or joint resolution to the Director of the Congressional Budget Office and shall identify to the Director any Federal mandates contained in the bill or resolution.

(c)Each report described under subsection (a) shall contain—

(1)an identification and description of any Federal mandates in the bill or joint resolution, including the direct costs to State, local, and tribal governments, and to the private sector, required to comply with the Federal mandates;

(2)a qualitative, and if practicable, a quantitative assessment of costs and benefits anticipated from the Federal mandates (including the effects on health and safety and the protection of the natural environment); and

(3)a statement of the degree to which a Federal mandate affects both the public and private sectors and the extent to which Federal payment of public sector costs or the modification or termination of the Federal mandate as provided under section 658d(a)(2) of this title would affect the competitive balance between State, local, or tribal governments and the private sector including a description of the actions, if any, taken by the committee to avoid any adverse impact on the private sector or the competitive balance between the public sector and the private sector.

(d)If any of the Federal mandates in the bill or joint resolution are Federal intergovernmental mandates, the report required under subsection (a) shall also contain—

(1)(A)a statement of the amount, if any, of increase or decrease in authorization of appropriations under existing Federal financial assistance programs, or of authorization of appropriations for new Federal financial assistance, provided by the bill or joint resolution and usable for activities of State, local, or tribal governments subject to the Federal intergovernmental mandates;

(B)a statement of whether the committee intends that the Federal intergovernmental mandates be partly or entirely unfunded, and if so, the reasons for that intention; and

(C)if funded in whole or in part, a statement of whether and how the committee has created a mechanism to allocate the funding in a manner that is reasonably consistent with the expected direct costs among and between the respective levels of State, local, and tribal government;

(2)any existing sources of Federal assistance in addition to those identified in paragraph (1) that may assist State, local, and tribal governments in meeting the direct costs of the Federal intergovernmental mandates; and

(3)if the bill or joint resolution would make the reduction specified in section 658(5)(B)(i)(II) of this title, a statement of how the committee specifically intends the States to implement the reduction and to what extent the legislation provides additional flexibility, if any, to offset the reduction.

(e)When a committee of authorization of the Senate or the House of Representatives reports a bill or joint resolution of public character, the committee report accompanying the bill or joint resolution shall contain, if relevant to the bill or joint resolution, an explicit statement on the extent to which the bill or joint resolution is intended to preempt any State, local, or tribal law, and, if so, an explanation of the effect of such preemption.

(f)(1)Upon receiving a statement from the Director under section 658c of this title, a committee of the Senate or the House of Representatives shall publish the statement in the committee report accompanying the bill or joint resolution to which the statement relates if the statement is available at the time the report is printed.

(2)If the statement is not published in the report, or if the bill or joint resolution to which the statement relates is expected to be considered by the Senate or the House of Representatives before the report is published, the committee shall cause the statement, or a summary thereof, to be published in the Congressional Record in advance of floor consideration of the bill or joint resolution.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1999—Subsec. (d)(3). Pub. L. 106–141 added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as a note under section 1511 of this title.

§658b Duties of Congressional Committees