                          TITLE 2--THE CONGRESS
 
         CHAPTER 17A--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
 
                    SUBCHAPTER II--FISCAL PROCEDURES
 
                        Part B--Federal Mandates
 
Sec. 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 reported by a committee 
    unless the committee has published a statement of the Director on 
    the direct costs of Federal mandates in accordance with section 
    658b(f) of this title before 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 increase the direct costs of Federal 
    intergovernmental 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 authority 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 mandate; or
            (B) the bill, joint resolution, amendment, motion, or 
        conference report includes an authorization 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 mandate shall be in effect under the bill, joint 
            resolution, amendment, motion or conference report, and such 
            estimate is consistent with the estimate determined under 
            subsection (e) of this section for each fiscal year;
                (ii) identifies any appropriation bill that is expected 
            to provide for Federal funding of the direct cost referred 
            to under clause (i); and
                (iii)(I) provides that for any fiscal year the 
            responsible Federal agency shall determine whether there are 
            insufficient appropriations for that fiscal year to provide 
            for the direct costs under clause (i) of such mandate, and 
            shall (no later than 30 days after the beginning of the 
            fiscal year) notify the appropriate authorizing committees 
            of Congress of the determination and submit either--
                    (aa) a statement that the agency has determined, 
                based on a re-estimate of the direct costs of such 
                mandate, after consultation with State, local, and 
                tribal governments, that the amount appropriated is 
                sufficient to pay for the direct costs of such mandate; 
                or
                    (bb) legislative recommendations for either 
                implementing a less costly mandate or making such 
                mandate ineffective for the fiscal year;

                (II) provides for expedited procedures for the 
            consideration of the statement or legislative 
            recommendations referred to in subclause (I) by Congress no 
            later than 30 days after the statement or recommendations 
            are submitted to Congress; and
                (III) provides that such mandate shall--
                    (aa) in the case of a statement referred to in 
                subclause (I)(aa), cease to be effective 60 days after 
                the statement is submitted unless Congress has approved 
                the agency's determination by joint resolution during 
                the 60-day period;
                    (bb) cease to be effective 60 days after the date 
                the legislative recommendations of the responsible 
                Federal agency are submitted to Congress under subclause 
                (I)(bb) unless Congress provides otherwise by law; or
                    (cc) in the case that such mandate that has not yet 
                taken effect, continue not to be effective unless 
                Congress provides otherwise by law.

(b) Rule of construction

    The provisions of subsection (a)(2)(B)(iii) of this section shall 
not be construed to prohibit or otherwise restrict a State, local, or 
tribal government from voluntarily electing to remain subject to the 
original Federal intergovernmental mandate, complying with the 
programmatic or financial responsibilities of the original Federal 
intergovernmental mandate and providing the funding necessary consistent 
with the costs of Federal agency assistance, monitoring, and 
enforcement.

(c) Committee on Appropriations

                           (1) Application

        The provisions of subsection (a) of this section--
            (A) shall not apply to any bill or resolution reported by 
        the Committee on Appropriations of the Senate or the House of 
        Representatives; except
            (B) shall apply to--
                (i) any legislative provision increasing direct costs of 
            a Federal intergovernmental mandate contained in any bill or 
            resolution reported by the Committee on Appropriations of 
            the Senate or House of Representatives;
                (ii) any legislative provision increasing direct costs 
            of a Federal intergovernmental mandate contained in any 
            amendment offered to a bill or resolution reported by the 
            Committee on Appropriations of the Senate or House of 
            Representatives;
                (iii) any legislative provision increasing direct costs 
            of a Federal intergovernmental mandate in a conference 
            report accompanying a bill or resolution reported by the 
            Committee on Appropriations of the Senate or House of 
            Representatives; and
                (iv) any legislative provision increasing direct costs 
            of a Federal intergovernmental mandate contained in any 
            amendments in disagreement between the two Houses to any 
            bill or resolution reported by the Committee on 
            Appropriations of the Senate or House of Representatives.

              (2) Certain provisions stricken in Senate

        Upon a point of order being made by any Senator against any 
    provision listed in paragraph (1)(B), and the point of order being 
    sustained by the Chair, such specific provision shall be deemed 
    stricken from the bill, resolution, amendment, amendment in 
    disagreement, or conference report and may not be offered as an 
    amendment from the floor.

(d) Determinations of applicability to pending legislation

    For purposes of this section, in the Senate, the presiding officer 
of the Senate shall consult with the Committee on Governmental Affairs, 
to the extent practicable, on questions concerning the applicability of 
this part to a pending bill, joint resolution, amendment, motion, or 
conference report.

(e) Determinations of Federal mandate levels

    For purposes of this section, in the Senate, the levels of Federal 
mandates for a fiscal year shall be determined based on the estimates 
made by the Committee on the Budget.

(Pub. L. 93-344, title IV, Sec. 425, as added Pub. L. 104-4, title I, 
Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 56.)

                  Section Referred to in Other Sections

    This section is referred to in sections 658b, 658c, 658e, 1512, 1515 
of this title.
