2 U.S.C. § 1513 — Impact on local governments

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.) Page 357 TITLE 2—THE CONGRESS § 1531 1 See References in Text note below. Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(3), was in the original ‘‘this Act’’, meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Re- form 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. § 1514. Enforcement in House of Representatives (a) Omitted (b) Committee on Rules reports on waived points of order The Committee on Rules shall include in the report required by clause 1(d) 1 of rule XI (relat- ing to its activities during the Congress) of the Rules of the House of Representatives a separate item identifying all waivers of points of order relating to Federal mandates, listed by bill or joint resolution number and the subject matter of that measure. (Pub. L. 104–4, title I, § 107, Mar. 22, 1995, 109 Stat. 63.) Editorial Notes REFERENCES IN TEXT Clause 1(d) of Rule XI of the Rules of the House of Representatives, referred to in subsec. (b), was amended generally by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. CODIFICATION Section is comprised of section 107 of Pub. L. 104–4. Subsec. (a) of section 107 of Pub. L. 104–4 amended the Rules of the House of Representatives, which are not classified to the Code. 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. § 1515. Exercise of rulemaking powers The provisions of sections 658 to 658g and 1514 of this title are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they shall be consid- ered as part of the rules of such House, respec- tively, and such rules shall supersede other rules only to the extent that they are incon- sistent therewith; and (2) with full recognition of the constitu- tional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same ex- tent as in the case of any other rule of each House. (Pub. L. 104–4, title I, § 108, Mar. 22, 1995, 109 Stat. 63.) 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. § 1516. Authorization of appropriations There are authorized to be appropriated to the Congressional Budget Office $4,500,000 for each of the fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and 2002 to carry out the provisions of this sub- chapter. (Pub. L. 104–4, title I, § 109, Mar. 22, 1995, 109 Stat. 64.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title I of Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 50, which enacted this subchapter and sections 658 to 658g of this title, amended sections 602, 632, and 653 of this title, and enacted provisions set out as a note under section 1511 of this title. 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 this section, 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 sec- tion 1511 of this title. SUBCHAPTER II—REGULATORY ACCOUNTABILITY AND REFORM § 1531. Regulatory process Each agency shall, unless otherwise prohibited by law, assess the effects of Federal regulatory actions on State, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in law). (Pub. L. 104–4, title II, § 201, Mar. 22, 1995, 109 Stat. 64.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–4, title II, § 209, Mar. 22, 1995, 109 Stat. 67, provided that: ‘‘This title [enacting this subchapter] and the amendments made by this title shall take ef- fect on the date of the enactment of this Act [Mar. 22, 1995].’’ Executive Documents REGULATORY PLANNING AND REVIEW For provisions stating regulatory philosophy and principles and setting forth regulatory organization,