2 U.S.C. § 658c — Duties of Director; statements on bills and

Page 208 TITLE 2—THE CONGRESS § 658c propriations for new Federal financial assist- ance, 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 man- ner that is reasonably consistent with the ex- pected direct costs among and between the re- spective levels of State, local, and tribal gov- ernment; (2) any existing sources of Federal assistance in addition to those identified in paragraph (1) that may assist State, local, and tribal gov- ernments 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 ex- tent the legislation provides additional flexi- bility, 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 in- tended 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 Direc- tor under section 658c of this title, a com- mittee of the Senate or the House of Rep- resentatives shall publish the statement in the committee report accompanying the bill or joint resolution to which the statement re- lates 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 re- port, or if the bill or joint resolution to which the statement relates is expected to be consid- ered by the Senate or the House of Representa- tives before the report is published, the com- mittee shall cause the statement, or a sum- mary thereof, to be published in the Congres- sional Record in advance of floor consider- ation of the bill or joint resolution. (Pub. L. 93–344, title IV, § 423, as added Pub. L. 104–4, title I, § 101(a)(2), Mar. 22, 1995, 109 Stat. 53; amended Pub. L. 106–141, § 2(a), Dec. 7, 1999, 113 Stat. 1699.) 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. § 658c. Duties of Director; statements on bills and joint resolutions other than appropriations bills and joint resolutions (a) Federal intergovernmental mandates in re- ported bills and resolutions For each bill or joint resolution of a public character reported by any committee of author- ization of the Senate or the House of Represent- atives, the Director of the Congressional Budget Office shall prepare and submit to the com- mittee a statement as follows: (1) Contents If the Director estimates that the direct cost of all Federal intergovernmental mandates in the bill or joint resolution will equal or exceed $50,000,000 (adjusted annually for inflation) in the fiscal year in which any Federal intergov- ernmental mandate in the bill or joint resolu- tion (or in any necessary implementing regu- lation) would first be effective or in any of the 4 fiscal years following such fiscal year, the Director shall so state, specify the estimate, and briefly explain the basis of the estimate. (2) Estimates Estimates required under paragraph (1) shall include estimates (and brief explanations of the basis of the estimates) of— (A) the total amount of direct cost of com- plying with the Federal intergovernmental mandates in the bill or joint resolution; (B) if the bill or resolution contains an au- thorization of appropriations under section 658d(a)(2)(B) of this title, the amount of new budget authority for each fiscal year for a period not to exceed 10 years beyond the ef- fective date necessary for the direct cost of the intergovernmental mandate; and (C) the amount, if any, of increase in au- thorization of appropriations under existing Federal financial assistance programs, or of authorization of appropriations for new Fed- eral financial assistance, provided by the bill or joint resolution and usable by State, local, or tribal governments for activities subject to the Federal intergovernmental mandates. (3) Additional flexibility information The Director shall include in the statement submitted under this subsection, in the case of legislation that makes changes as described in section 658(5)(B)(i)(II) of this title— (A) if no additional flexibility is provided in the legislation, a description of whether and how the States can offset the reduction under existing law; or (B) if additional flexibility is provided in the legislation, whether the resulting sav- ings would offset the reductions in that pro- gram assuming the States fully implement that additional flexibility. Page 209 TITLE 2—THE CONGRESS § 658d (4) Estimate not feasible If the Director determines that it is not fea- sible to make a reasonable estimate that would be required under paragraphs (1) and (2), the Director shall not make the estimate, but shall report in the statement that the reason- able estimate cannot be made and shall in- clude the reasons for that determination in the statement. If such determination is made by the Director, a point of order under this part shall lie only under section 658d(a)(1) of this title and as if the requirement of section 658d(a)(1) of this title had not been met. (b) Federal private sector mandates in reported bills and joint resolutions For each bill or joint resolution of a public character reported by any committee of author- ization of the Senate or the House of Represent- atives, the Director of the Congressional Budget Office shall prepare and submit to the com- mittee a statement as follows: (1) Contents If the Director estimates that the direct cost of all Federal private sector mandates in the bill or joint resolution will equal or exceed $100,000,000 (adjusted annually for inflation) in the fiscal year in which any Federal private sector mandate in the bill or joint resolution (or in any necessary implementing regulation) would first be effective or in any of the 4 fiscal years following such fiscal year, the Director shall so state, specify the estimate, and briefly explain the basis of the estimate. (2) Estimates Estimates required under paragraph (1) shall include estimates (and a brief explanation of the basis of the estimates) of— (A) the total amount of direct costs of complying with the Federal private sector mandates in the bill or joint resolution; and (B) the amount, if any, of increase in au- thorization of appropriations under existing Federal financial assistance programs, or of authorization of appropriations for new Fed- eral financial assistance, provided by the bill or joint resolution usable by the private sec- tor for the activities subject to the Federal private sector mandates. (3) Estimate not feasible If the Director determines that it is not fea- sible to make a reasonable estimate that would be required under paragraphs (1) and (2), the Director shall not make the estimate, but shall report in the statement that the reason- able estimate cannot be made and shall in- clude the reasons for that determination in the statement. (c) Legislation falling below direct costs thresh- olds If the Director estimates that the direct costs of a Federal mandate will not equal or exceed the thresholds specified in subsections (a) and (b), the Director shall so state and shall briefly explain the basis of the estimate. (d) Amended bills and joint resolutions; con- ference reports If a bill or joint resolution is passed in an amended form (including if passed by one House as an amendment in the nature of a substitute for the text of a bill or joint resolution from the other House) or is reported by a committee of conference in amended form, and the amended form contains a Federal mandate not previously considered by either House or which contains an increase in the direct cost of a previously con- sidered Federal mandate, then the committee of conference shall ensure, to the greatest extent practicable, that the Director shall prepare a statement as provided in this subsection or a supplemental statement for the bill or joint res- olution in that amended form. (Pub. L. 93–344, title IV, § 424, as added Pub. L. 104–4, title I, § 101(a)(2), Mar. 22, 1995, 109 Stat. 55; amended Pub. L. 106–141, § 2(b), Dec. 7, 1999, 113 Stat. 1699.) Editorial Notes AMENDMENTS 1999—Subsec. (a)(3), (4). Pub. L. 106–141 added par. (3) and redesignated former par. (3) as (4). 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. § 658d. Legislation subject to point of order (a) In general It shall not be in order in the Senate or the House of Representatives to consider— (1) any bill or joint resolution that is re- ported by a committee unless the committee has published a statement of the Director on the direct costs of Federal mandates in ac- cordance with section 658b(f) of this title be- fore such consideration, except this paragraph shall not apply to any supplemental statement prepared by the Director under section 658c(d) of this title; and (2) any bill, joint resolution, amendment, motion, or conference report that would in- crease the direct costs of Federal intergovern- mental mandates by an amount that causes the thresholds specified in section 658c(a)(1) of this title to be exceeded, unless— (A) the bill, joint resolution, amendment, motion, or conference report provides new budget authority or new entitlement author- ity in the House of Representatives or direct spending authority in the Senate for each fiscal year for such mandates included in the bill, joint resolution, amendment, motion, or conference report in an amount equal to or exceeding the direct costs of such man- date; or (B) the bill, joint resolution, amendment, motion, or conference report includes an au- thorization for appropriations in an amount equal to or exceeding the direct costs of such mandate, and— (i) identifies a specific dollar amount of the direct costs of such mandate for each year up to 10 years during which such