CBA (Contents)
Congressional Budget Act of 1974
Section 424
TITLE IV—ADDITIONAL PROVISIONS TO IMPROVE
FISCAL PROCEDURES
PART B—FEDERAL MANDATES
sec. 424. duties of the director; statements on bills and joint resolutions other than appropriations bills and joint resolutions.[1]
(a) Federal Intergovernmental Mandates in Reported Bills and Resolutions.—For each bill or joint resolution of a public character reported by any committee of authorization of the Senate or the House of Representatives, the Director of the Congressional Budget Office shall prepare and submit to the committee a statement as follows:
(1) Contents.—If the Director estimates that the direct cost of all Federal intergovernmental mandates in the bill or joint resolution will equal or exceed $50,000,000 (adjusted annually for inflation) in the fiscal year in which any Federal intergovernmental mandate in the bill or joint resolution (or in any necessary implementing regulation) would first be effective or in any of the 4 fiscal years following such fiscal year, the Director shall so state, specify the estimate, and briefly explain the basis of the estimate.
(2) Estimates.—Estimates required under paragraph (1) shall include estimates (and brief explanations of the basis of the estimates) of—
(A) the total amount of direct cost of complying with the Federal intergovernmental mandates in the bill or joint resolution;
(B) if the bill or resolution contains an authorization of appropriations under section 425(a)(2)(B), the amount of new budget authority for each fiscal year for a period not to exceed 10 years beyond the effective date necessary for the direct cost of the intergovernmental mandate; and
(C) the amount, if any, of increase 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 by State, local, or tribal governments for activities subject to the Federal intergovernmental mandates.
(3) Additional flexibility information.—The Director shall include in the statement submitted under this subsection, in the case of legislation that makes changes as described in section 421(5)(B)(i)(II)—
(A) if no additional flexibility is provided in the legislation, a description of whether and how the States can offset the reduction under existing law; or
(B) if additional flexibility is provided in the legislation, whether the resulting savings would offset the reductions in that program assuming the States fully implement that additional flexibility.
(4) Estimates not feasible.—If the Director determines that it is not feasible to make a reasonable estimate that would be required under paragraphs (1) and (2), the Director shall not make the estimate, but shall report in the statement that the reasonable estimate cannot be made and shall include the reasons for that determination in the statement. If such determination is made by the Director, a point of order under this part shall lie only under section 425(a)(1) and as if the requirement of section 425(a)(1) had not been met.
(b) Federal Private Sector Mandates in Reported Bills and Joint Resolutions.—For each bill or joint resolution of a public character reported by any committee of authorization of the Senate or the House of Representatives, the Director of the Congressional Budget Office shall prepare and submit to the committee a statement as follows:
(1) Contents.—If the Director estimates that the direct cost of all Federal private sector mandates in the bill or joint resolution will equal or exceed $100,000,000 (adjusted annually for inflation) in the fiscal year in which any Federal private sector mandate in the bill or joint resolution (or in any necessary implementing regulation) would first be effective or in any of the 4 fiscal years following such fiscal year, the Director shall so state, specify the estimate, and briefly explain the basis of the estimate.
(2) Estimates.—Estimates required under paragraph (1) shall include estimates (and a brief explanation of the basis of the estimates) of—
(A) the total amount of direct costs of complying with the Federal private sector mandates in the bill or joint resolution; and
(B) the amount, if any, of increase 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 usable by the private sector for the activities subject to the Federal private sector mandates.
(3) Estimates not feasible.—If the Director determines that it is not feasible to make a reasonable estimate that would be required under paragraphs (1) and (2), the Director shall not make the estimate, but shall report in the statement that the reasonable estimate cannot be made and shall include the reasons for that determination in the statement.
(c) Legislation Falling Below the Direct Costs Thresholds.—If the Director estimates that the direct costs of a Federal mandate will not equal or exceed the thresholds specified in subsections (a) and (b), the Director shall so state and shall briefly explain the basis of the estimate.
(d) Amended Bills and Joint Resolutions; Conference Reports.—If a bill or joint resolution is passed in an amended form (including if passed by one House as an amendment in the nature of a substitute for the text of a bill or joint resolution from the other House) or is reported by a committee of conference in amended form, and the amended form contains a Federal mandate not previously considered by either House or which contains an increase in the direct cost of a previously considered Federal mandate, then the committee of conference shall ensure, to the greatest extent practicable, that the Director shall prepare a statement as provided in this subsection or a supplemental statement for the bill or joint resolution in that amended form.
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COUNSEL NOTES
[1] This section is classified to the U.S. Code at 2 U.S.C. 658c.
LEGISLATIVE HISTORY NOTES
Public Laws
Pub. L. 104–4, title I, §101(a)(2), Mar. 22, 1995, 109 Stat. 55 (Unfunded Mandates Reform Act of 1995) added §424 to Pub. L. 93–344, title IV (Congressional Budget Act of 1974).
Pub. L. 106–141, §2(b), Dec. 7, 1999, 113 Stat. 1699 (State Flexibility Clarification Act) amended subsection (a)(3) and (a)(4) of §424.
Amendments
1999
Subsection (a)(3) and (4).
Pub. L. 106–141 (State Flexibility Clarification Act) added paragraph (3) to subsection (a) and redesignated former paragraph (3) as paragraph (4) of that subsection.
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Budget Counsel 