2 U.S.C. § 658 — Definitions

Page 205 TITLE 2—THE CONGRESS § 658 tions which are issued, sold, or guaranteed by a Federal agency shall be treated as a means of fi- nancing such agency for purposes of section 1105 of title 31 and for purposes of this Act. (Pub. L. 93–344, title IV, § 405, formerly § 406, as added Pub. L. 99–177, title II, § 214, Dec. 12, 1985, 99 Stat. 1059; renumbered § 405, Pub. L. 105–33, title X, § 10116(c)(1), Aug. 5, 1997, 111 Stat. 692.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Congressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A, and 17B, and section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance, amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31, and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, and sec- tion 1020 of former Title 31. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables. PRIOR PROVISIONS A prior section 405 of Pub. L. 93–344 was renumbered section 404 and is classified to section 654 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 12, 1985, and applicable with re- spect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, § 104(a), Aug. 2, 2011, 125 Stat. 246. § 656. Member User Group The Speaker of the House of Representatives, after consulting with the Minority Leader of the House, may appoint a Member User Group for the purpose of reviewing budgetary scorekeeping rules and practices of the House and advising the Speaker from time to time on the effect and impact of such rules and practices. (Pub. L. 93–344, title IV, § 406, formerly § 407, as added Pub. L. 99–177, title II, § 214, Dec. 12, 1985, 99 Stat. 1060; renumbered § 406, Pub. L. 105–33, title X, § 10116(c)(1), Aug. 5, 1997, 111 Stat. 692.) Editorial Notes PRIOR PROVISIONS A prior section 406 of Pub. L. 93–344 was renumbered section 405 and is classified to section 655 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 12, 1985, and applicable with re- spect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, § 104(a), Aug. 2, 2011, 125 Stat. 246. PART B—FEDERAL MANDATES § 658. Definitions For purposes of this part: (1) Agency The term ‘‘agency’’ has the same meaning as defined in section 551(1) of title 5, but does not include independent regulatory agencies. (2) Amount The term ‘‘amount’’, with respect to an au- thorization of appropriations for Federal fi- nancial assistance, means the amount of budg- et 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 intergovern- mental mandate, means the aggregate esti- mated 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 Fed- eral 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 re- quired 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 reason- able steps necessary to mitigate the costs resulting from the Federal mandate, and will comply with applicable standards of practice and conduct established by recog- nized 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 tribal governments (in the case of a Federal intergovernmental mandate) or the private sector (in the case of a Fed- eral private sector mandate) would spend— (I) to comply with or carry out all ap- plicable Federal, State, local, and tribal laws and regulations in effect at the time of the adoption of the Federal man- date for the same activity as is affected by that Federal mandate; or (II) to comply with or carry out State, local, and tribal governmental programs, or private-sector business or other ac- tivities in effect at the time of the adop- tion of the Federal mandate for the same activity as is affected by that mandate; or (ii) expenditures to the extent that such expenditures will be offset by any direct savings to the State, local, and tribal gov- ernments, or by the private sector, as a re- sult of— (I) compliance with the Federal man- date; or Page 206 TITLE 2—THE CONGRESS § 658 (II) other changes in Federal law or regulation that are enacted or adopted in the same bill or joint resolution or pro- posed or final Federal regulation and that govern the same activity as is af- fected by the Federal mandate. (4) Direct savings The term ‘‘direct savings’’, when used with respect to the result of compliance with the Federal mandate— (A) in the case of a Federal intergovern- mental mandate, means the aggregate esti- mated reduction in costs to any State, local, or tribal government as a result of compli- ance with the Federal intergovernmental mandate; and (B) in the case of a Federal private sector mandate, means the aggregate estimated re- duction in costs to the private sector as a re- sult of compliance with the Federal private sector mandate. (5) Federal intergovernmental mandate The term ‘‘Federal intergovernmental man- date’’ means— (A) any provision in legislation, statute, or regulation that— (i) would impose an enforceable duty upon State, local, or tribal governments, except— (I) a condition of Federal assistance; or (II) a duty arising from participation in a voluntary Federal program, except as provided in subparagraph (B); or (ii) would reduce or eliminate the amount of authorization of appropriations for— (I) Federal financial assistance that would be provided to State, local, or tribal governments for the purpose of complying with any such previously im- posed duty unless such duty is reduced or eliminated by a corresponding amount; or (II) the control of borders by the Fed- eral Government; or reimbursement to State, local, or tribal governments for the net cost associated with illegal, de- portable, and excludable aliens, includ- ing court-mandated expenses related to emergency health care, education or criminal justice; when such a reduction or elimination would result in increased net costs to State, local, or tribal gov- ernments in providing education or emergency health care to, or incarcer- ation of, illegal aliens; except that this subclause shall not be in effect with re- spect to a State, local, or tribal govern- ment, to the extent that such govern- ment has not fully cooperated in the ef- forts of the Federal Government to lo- cate, apprehend, and deport illegal aliens; (B) any provision in legislation, statute, or regulation that relates to a then-existing Federal program under which $500,000,000 or more is provided annually to State, local, and tribal governments under entitlement authority, if the provision— (i)(I) would increase the stringency of conditions of assistance to State, local, or tribal governments under the program; or (II) would place caps upon, or otherwise decrease, the Federal Government’s re- sponsibility to provide funding to State, local, or tribal governments under the pro- gram; and (ii) the State, local, or tribal govern- ments that participate in the Federal pro- gram lack authority under that program to amend their financial or programmatic responsibilities to continue providing re- quired services that are affected by the legislation, statute, or regulation. (6) Federal mandate The term ‘‘Federal mandate’’ means a Fed- eral intergovernmental mandate or a Federal private sector mandate, as defined in para- graphs (5) and (7). (7) Federal private sector mandate The term ‘‘Federal private sector mandate’’ means any provision in legislation, statute, or regulation that— (A) would impose an enforceable duty upon the private sector except— (i) a condition of Federal assistance; or (ii) a duty arising from participation in a voluntary Federal program; or (B) would reduce or eliminate the amount of authorization of appropriations for Fed- eral financial assistance that will be pro- vided to the private sector for the purposes of ensuring compliance with such duty. (8) Local government The term ‘‘local government’’ has the same meaning as defined in section 6501(6) of title 31. (9) Private sector The term ‘‘private sector’’ means all persons or entities in the United States, including in- dividuals, partnerships, associations, corpora- tions, and educational and nonprofit institu- tions, but shall not include State, local, or tribal governments. (10) Regulation; rule The term ‘‘regulation’’ or ‘‘rule’’ (except with respect to a rule of either House of the Congress) has the meaning of ‘‘rule’’ as defined in section 601(2) of title 5. (11) Small government The term ‘‘small government’’ means any small governmental jurisdictions defined in section 601(5) of title 5 and any tribal govern- ment. (12) State The term ‘‘State’’ has the same meaning as defined in section 6501(9) of title 31. (13) Tribal government The term ‘‘tribal government’’ means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corpora- tion as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Page 207 TITLE 2—THE CONGRESS § 658b Stat. 688; 43 U.S.C. 1601 et seq.) which is recog- nized as eligible for the special programs and services provided by the United States to Indi- ans because of their special status as Indians. (Pub. L. 93–344, title IV, § 421, as added Pub. L. 104–4, title I, § 101(a)(2), Mar. 22, 1995, 109 Stat. 50; amended Pub. L. 113–67, div. A, title I, § 122(14), Dec. 26, 2013, 127 Stat. 1176.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in par. (13), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. AMENDMENTS 2013—Par. (5)(A)(i)(II). Pub. L. 113–67 substituted ‘‘subparagraph (B)’’ for ‘‘subparagraph (B))’’. 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. § 658a. Exclusions This part shall not apply to any provision in a bill, joint resolution, amendment, motion, or conference report before Congress 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. 93–344, title IV, § 422, as added Pub. L. 104–4, title I, § 101(a)(2), Mar. 22, 1995, 109 Stat. 53.) Editorial Notes REFERENCES IN TEXT 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. 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 (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 reso- lution 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 pro- vide 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 resolu- tion, 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 quan- titative assessment of costs and benefits an- ticipated from the Federal mandates (includ- ing the effects on health and safety and the protection of the natural environment); and (3) a statement of the degree to which a Fed- eral mandate affects both the public and pri- vate sectors and the extent to which Federal payment of public sector costs or the modi- fication or termination of the Federal man- date 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) 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 appro- priations under existing Federal financial as- sistance programs, or of authorization of ap-