                          TITLE 2--THE CONGRESS
 
         CHAPTER 17A--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
 
                    SUBCHAPTER II--FISCAL PROCEDURES
 
                        Part B--Federal Mandates
 
Sec. 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 resolution shall contain the information 
required by subsections (c) and (d) of this section.

(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 provide 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) of this section shall 
contain--
        (1) an identification and description of any Federal mandates in 
    the bill or joint resolution, 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 quantitative assessment 
    of costs and benefits anticipated from the Federal mandates 
    (including the effects on health and safety and the protection of 
    the natural environment); and
        (3) a statement of the degree to which a Federal mandate affects 
    both the public and private sectors and the extent to which Federal 
    payment of public sector costs or the modification or termination of 
    the Federal mandate 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) of this section shall also contain--
        (1)(A) a statement of the amount, if any, of increase or 
    decrease in authorization of appropriations under existing Federal 
    financial assistance programs, or of authorization of appropriations 
    for new Federal financial assistance, 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 manner that is reasonably consistent with the expected direct 
    costs among and between the respective levels of State, local, and 
    tribal government;
        (2) any existing sources of Federal assistance in addition to 
    those identified in paragraph (1) that may assist State, local, and 
    tribal governments 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 extent the legislation provides additional 
    flexibility, 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 
intended 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 Director under section 658c 
    of this title, a committee of the Senate or the House of 
    Representatives shall publish the statement in the committee report 
    accompanying the bill or joint resolution to which the statement 
    relates 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 report, or if the bill 
    or joint resolution to which the statement relates is expected to be 
    considered by the Senate or the House of Representatives before the 
    report is published, the committee shall cause the statement, or a 
    summary thereof, to be published in the Congressional Record in 
    advance of floor consideration of the bill or joint resolution.

(Pub. L. 93-344, title IV, Sec. 423, as added Pub. L. 104-4, title I, 
Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 53; amended Pub. L. 106-141, 
Sec. 2(a), Dec. 7, 1999, 113 Stat. 1699.)


                               Amendments

    1999--Subsec. (d)(3). Pub. L. 106-141 added par. (3).

                  Section Referred to in Other Sections

    This section is referred to in sections 658d, 1515 of this title.
