2 U.S.C. § 1501 — Purposes

Page 354 TITLE 2—THE CONGRESS § 1438 and under this chapter as is provided to covered employees who work in the Washington, DC area. (b) Office of Congressional Workplace Rights The Office shall— (1) establish a method by which out-of-area covered employees may communicate securely with the Office, which shall include an option for real-time audiovisual communication; and (2) provide guidance to employing offices re- garding how each office can facilitate equi- table access to the resources and services pro- vided under this chapter for its out-of-area covered employees, including information re- garding the communication methods described in paragraph (1). (c) Employing offices It is the sense of Congress that each employ- ing office with out-of-area covered employees should use its best efforts to facilitate equitable access to the resources and services provided under this chapter for those employees. (Pub. L. 104–1, title V, § 510, as added Pub. L. 115–397, title III, § 307(a)(2), Dec. 21, 2018, 132 Stat. 5325.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. PRIOR PROVISIONS A prior section 510 of Pub. L. 104–1 was renumbered section 511 and is classified to section 1438 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon expiration of the 180-day pe- riod beginning on Dec. 21, 2018, with provisions for ef- fect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an Effective Date of 2018 Amendment note under section 1301 of this title. § 1438. Severability If any provision of this chapter or the applica- tion of such provision to any person or cir- cumstance is held to be invalid, the remainder of this chapter and the application of the provi- sions of the remainder to any person or cir- cumstance shall not be affected thereby. (Pub. L. 104–1, title V, § 511, formerly § 509, Jan. 23, 1995, 109 Stat. 44; renumbered § 510, renum- bered § 511, Pub. L. 115–397, title III, §§ 306(a)(1), 307(a)(1), Dec. 21, 2018, 132 Stat. 5324, 5325.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective upon expira- tion of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title. CHAPTER 25—UNFUNDED MANDATES REFORM Sec. 1501. Purposes. 1502. Definitions. 1503. Exclusions. 1504. Agency assistance. SUBCHAPTER I—LEGISLATIVE ACCOUNTABILITY AND REFORM 1511. Cost of regulations. 1512. Consideration for Federal funding. 1513. Impact on local governments. 1514. Enforcement in House of Representatives. 1515. Exercise of rulemaking powers. 1516. Authorization of appropriations. SUBCHAPTER II—REGULATORY ACCOUNTABILITY AND REFORM 1531. Regulatory process. 1532. Statements to accompany significant regu- latory actions. 1533. Small government agency plan. 1534. State, local, and tribal government input. 1535. Least burdensome option or explanation re- quired. 1536. Assistance to Congressional Budget Office. 1537. Pilot program on small government flexi- bility. 1538. Annual statements to Congress on agency compliance. SUBCHAPTER III—REVIEW OF FEDERAL MANDATES 1551. Baseline study of costs and benefits. 1552. Report on Federal mandates by Advisory Commission on Intergovernmental Rela- tions. 1553. Special authorities of Advisory Commission. 1554. Annual report to Congress regarding Federal court rulings. 1555. ‘‘Federal mandate’’ defined. 1556. Authorization of appropriations. SUBCHAPTER IV—JUDICIAL REVIEW 1571. Judicial review. § 1501. 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 govern- ments without adequate Federal funding, in a manner that may displace other essential State, local, and tribal governmental prior- ities; (3) to assist Congress in its consideration of proposed legislation establishing or revising Federal programs containing Federal man- dates affecting State, local, and tribal govern- ments, and the private sector by— (A) providing for the development of infor- mation about the nature and size of man- dates in proposed legislation; and 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.