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2 U.S.C. § 658e — Duties of Congressional committees

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 658e — Duties of Congressional committees

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Source file: Laws/federal/codes/united-states-code/title-2/section-658e-duties-of-congressional-committees--c04e8056c1.md
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Source location: Title 2, Chapter 17A, § 658e; chapter-17a-congressional-budget-and-fiscal-operations.md

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**(a) In general** 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) Submission of bills to Director** 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) Reports on Federal mandates** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d/a/2&num=0&edition=prelim) 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) Intergovernmental mandates** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658/5/B/i/II&num=0&edition=prelim), 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) Preemption clarification and information** 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) Publication of statement from Director** (1) **In general** — Upon receiving a statement from the Director under [section 658c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658c&num=0&edition=prelim), 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) **Other publication of statement of Director** — 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.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1516 — Consideration for Federal funding

Nothing in this chapter shall preclude a State, local, or tribal government that already complies with all or part of the Federal intergovernmental mandates included in the bill, joint resolution, amendment, motion, or conference report from consideration for Federal funding under [section 658d(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d/a/2&num=0&edition=prelim) for the cost of the mandate, including the costs the State, local, or tribal government is currently paying and any additional costs necessary to meet the mandate.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 658c — Definitions

For purposes of this part: (1) **Agency** — The term “agency” has the same meaning as defined in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim), but does not include independent regulatory agencies. (2) **Amount** — The term “amount”, with respect to an authorization of appropriations for Federal financial assistance, means the amount of budget authority for any Federal grant assistance program or any Federal program providing loan guarantees or direct loans. (3) **Direct costs** — The term “direct costs”— (A) (i) in the case of a Federal intergovernmental mandate, means the aggregate estimated amounts that all State, local, and tribal governments would be required to spend or would be prohibited from raising in revenues in order to comply with the Federal intergovernmental mandate; or (ii) in the case of a provision referred to in paragraph (5)(A)(ii), means the amount of Federal financial assistance eliminated or reduced; (B) in the case of a Federal private sector mandate, means the aggregate estimated amounts that the private sector will be required to spend in order to comply with the Federal private sector mandate; (C) shall be determined on the assumption that— (i) State, local, and tribal governments, and the private sector will take all reasonable steps necessary to mitigate the costs resulting from the Federal mandate, and will comply with applicable standards of practice and conduct established by recognized professional or trade associations; and (ii) reasonable steps to mitigate the costs shall not include increases in State, local, or tribal taxes or fees; and (D) shall not include— (i) estimated amounts that the State, local, and tri

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1511 — Purposes

The purposes of this chapter are— (1) to strengthen the partnership between the Federal Government and State, local, and tribal governments; (2) to end the imposition, in the absence of full consideration by Congress, of Federal mandates on State, local, and tribal governments without adequate Federal funding, in a manner that may displace other essential State, local, and tribal governmental priorities; (3) to assist Congress in its consideration of proposed legislation establishing or revising Federal programs containing Federal mandates affecting State, local, and tribal governments, and the private sector by— (A) providing for the development of information about the nature and size of mandates in proposed legislation; and (B) establishing a mechanism to bring such information to the attention of the Senate and the House of Representatives before the Senate and the House of Representatives vote on proposed legislation; (4) to promote informed and deliberate decisions by Congress on the appropriateness of Federal mandates in any particular instance; (5) to require that Congress consider whether to provide funding to assist State, local, and tribal governments in complying with Federal mandates, to require analyses of the impact of private sector mandates, and through the dissemination of that information provide informed and deliberate decisions by Congress and Federal agencies and retain competitive balance between the public and private sectors; (6) to establish a point-of-order vote on the consideration in the Senate and House of Representatives of legislation containing significant Federal intergovernmental mandates without providing adequate funding to comply with such mandates; (7) to assist Federal agencies in their consideration of proposed regul

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 658e — Provisions relating to House of Represent-

Page 211 TITLE 2—THE CONGRESS § 658g 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. § 658e. Provisions relating to House of Represent- atives (a) Enforcement in House of Representatives It shall not be in order in the House of Rep- resentatives to consider a rule or order that waives the application of section 658d of this title. (b) Disposition of points of order (1) Application to House of Representatives This subsection shall apply only to the House of Representatives. (2) Threshold burden In order to be cognizable by the Chair, a point of order under section 658d of this title or subsection (a) of this section must specify the precise language on which it is premised. (3) Question of consideration As disposition of points of order under sec- tion 658d of this title or subsection (a) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order. (4) Debate and intervening motions A question of consideration under this sec- tion shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. (5) Effect on amendment in order as original text The disposition of the question of consider- ation under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text. (Pub. L. 93–344, title IV, § 426

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