2 U.S.C. § 1504 — Agency assistance

Page 355 TITLE 2—THE CONGRESS § 1504 (B) establishing a mechanism to bring such information to the attention of the Senate and the House of Representatives be- fore the Senate and the House of Representa- tives vote on proposed legislation; (4) to promote informed and deliberate deci- sions 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 dis- semination of that information provide in- formed and deliberate decisions by Congress and Federal agencies and retain competitive balance between the public and private sec- tors; (6) to establish a point-of-order vote on the consideration in the Senate and House of Rep- resentatives of legislation containing signifi- cant Federal intergovernmental mandates without providing adequate funding to comply with such mandates; (7) to assist Federal agencies in their consid- eration of proposed regulations affecting State, local, and tribal governments, by— (A) requiring that Federal agencies de- velop a process to enable the elected and other officials of State, local, and tribal gov- ernments to provide input when Federal agencies are developing regulations; and (B) requiring that Federal agencies pre- pare and consider estimates of the budgetary impact of regulations containing Federal mandates upon State, local, and tribal gov- ernments and the private sector before adopting such regulations, and ensuring that small governments are given special consid- eration in that process; and (8) to begin consideration of the effect of previously imposed Federal mandates, includ- ing the impact on State, local, and tribal gov- ernments of Federal court interpretations of Federal statutes and regulations that impose Federal intergovernmental mandates. (Pub. L. 104–4, § 2, Mar. 22, 1995, 109 Stat. 48.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 104–4, § 1, Mar. 22, 1995, 109 Stat. 48, provided that: ‘‘This Act [enacting this chapter and sections 658 to 658g of this title, amending sections 602, 632, and 653 of this title, and enacting provisions set out as notes under sections 1511 and 1531 of this title] may be cited as the ‘Unfunded Mandates Reform Act of 1995’.’’ § 1502. Definitions For purposes of this chapter— (1) except as provided in section 1555 of this title, the terms defined under section 658 of this title shall have the meanings as so de- fined; and (2) the term ‘‘Director’’ means the Director of the Congressional Budget Office. (Pub. L. 104–4, § 3, Mar. 22, 1995, 109 Stat. 49.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. § 1503. Exclusions This chapter shall not apply to any provision in a bill, joint resolution, amendment, motion, or conference report before Congress and any provision in a proposed or final Federal regula- tion that— (1) enforces constitutional rights of individ- uals; (2) establishes or enforces any statutory rights that prohibit discrimination on the basis of race, color, religion, sex, national ori- gin, age, handicap, or disability; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Fed- eral Government; (4) provides for emergency assistance or re- lief at the request of any State, local, or tribal government or any official of a State, local, or tribal government; (5) is necessary for the national security or the ratification or implementation of inter- national treaty obligations; (6) the President designates as emergency legislation and that the Congress so des- ignates in statute; or (7) relates to the old-age, survivors, and dis- ability insurance program under title II of the Social Security Act [42 U.S.C. 401 et seq.] (in- cluding taxes imposed by sections 3101(a) and 3111(a) of title 26 (relating to old-age, sur- vivors, and disability insurance)). (Pub. L. 104–4, § 4, Mar. 22, 1995, 109 Stat. 49.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. The Social Security Act, referred to in par. (7), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. § 1504. Agency assistance Each agency shall provide to the Director such information and assistance as the Director may reasonably request to assist the Director in car- rying out this chapter. Page 356 TITLE 2—THE CONGRESS § 1511 (Pub. L. 104–4, § 5, Mar. 22, 1995, 109 Stat. 50.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. SUBCHAPTER I—LEGISLATIVE ACCOUNTABILITY AND REFORM § 1511. Cost of regulations (a) Sense of Congress It is the sense of the Congress that Federal agencies should review and evaluate planned regulations to ensure that the cost estimates provided by the Congressional Budget Office will be carefully considered as regulations are pro- mulgated. (b) Statement of cost At the request of a committee chairman or ranking minority member, the Director shall, to the extent practicable, prepare a comparison be- tween— (1) an estimate by the relevant agency, pre- pared under section 1532 of this title, of the costs of regulations implementing an Act con- taining a Federal mandate; and (2) the cost estimate prepared by the Con- gressional Budget Office for such Act when it was enacted by the Congress. (c) Cooperation of Office of Management and Budget At the request of the Director of the Congres- sional Budget Office, the Director of the Office of Management and Budget shall provide data and cost estimates for regulations implementing an Act containing a Federal mandate covered by part B of title IV of the Congressional Budget and Impoundment Control Act of 1974 [2 U.S.C. 658 et seq.]. (Pub. L. 104–4, title I, § 103, Mar. 22, 1995, 109 Stat. 62.) Editorial Notes REFERENCES IN TEXT The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (c), is Pub. L. 93–344, July 12, 1974, 88 Stat. 297. Part B of title IV of the Act is classified generally to part B (§ 658 et seq.) of sub- chapter II of chapter 17A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–4, title I, § 110, Mar. 22, 1995, 109 Stat. 64, provided that: ‘‘This title [enacting this subchapter and sections 658 to 658g of this title and amending sections 602, 632, and 653 of this title] shall take effect on Janu- ary 1, 1996 or on the date 90 days after appropriations are made available as authorized under section 109 [2 U.S.C. 1516], whichever is earlier and shall apply to leg- islation considered on and after such date.’’ § 1512. Consideration for Federal funding Nothing in this chapter shall preclude a State, local, or tribal government that already com- plies with all or part of the Federal intergovern- mental mandates included in the bill, joint reso- lution, amendment, motion, or conference re- port from consideration for Federal funding under section 658d(a)(2) of this title 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. (Pub. L. 104–4, title I, § 105, Mar. 22, 1995, 109 Stat. 62.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. 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. § 1513. Impact on local governments (a) Findings The Senate finds that— (1) the Congress should be concerned about shifting costs from Federal to State and local authorities and should be equally concerned about the growing tendency of States to shift costs to local governments; (2) cost shifting from States to local govern- ments has, in many instances, forced local governments to raise property taxes or curtail sometimes essential services; and (3) increases in local property taxes and cuts in essential services threaten the ability of many citizens to attain and maintain the American dream of owning a home in a safe, secure community. (b) Sense of Senate It is the sense of the Senate that— (1) the Federal Government should not shift certain costs to the State, and States should end the practice of shifting costs to local gov- ernments, which forces many local govern- ments to increase property taxes; (2) States should end the imposition, in the absence of full consideration by their legisla- tures, of State issued mandates on local gov- ernments without adequate State funding, in a manner that may displace other essential gov- ernment priorities; and (3) one primary objective of this chapter and other efforts to change the relationship among Federal, State, and local governments should be to reduce taxes and spending at all levels and to end the practice of shifting costs from one level of government to another with little or no benefit to taxpayers. (Pub. L. 104–4, title I, § 106, Mar. 22, 1995, 109 Stat. 63.)