dreamproit/uscode huggingface dataset:
2 U.S.C. § 1511 (THE CONGRESS)
§ 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 promulgated.
(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 between—
(1) an estimate by the relevant agency, prepared under section 1532 of this title, of the costs of regulations implementing an Act containing a Federal mandate; and
(2) the cost estimate prepared by the Congressional 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 Congressional 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.)
heading: References in Text
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, as amended. Part B of title IV of the Act is classified generally to part B (§ 658 et seq.) of subchapter 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.
heading: Effective Date
text: 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 January 1, 1996 or on the date 90 days after appropriations are made available as authorized under section 109 [section 1516 of this title], whichever is earlier and shall apply to legislation considered on and after such date.”
2 U.S.C. § 1512 (THE CONGRESS)
§ 1512. Consideration for Federal funding
Nothing in this chapter shall preclude a State, local, or tribal government that already complies with all or part of the Federal intergovernmental mandates included in the bill, joint resolution, amendment, motion, or conference report 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.)
heading: References in Text
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.
2 U.S.C. § 1513 (THE CONGRESS)
§ 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 governments 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 governments, which forces many local governments to increase property taxes;
(2) States should end the imposition, in the absence of full consideration by their legislatures, of State issued mandates on local governments without adequate State funding, in a manner that may displace other essential government 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.)
heading: References in Text
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 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.
2 U.S.C. § 1514 (THE CONGRESS)
§ 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 (relating 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.)
heading: References in Text
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.
heading: Codification
text: 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.
2 U.S.C. § 1515 (THE CONGRESS)
§ 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 considered as part of the rules of such House, respectively, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional 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 extent as in the case of any other rule of each House.
(Pub. L. 104–4, title I, § 108, Mar. 22, 1995, 109 Stat. 63.)
2 U.S.C. § 1516 (THE CONGRESS)
§ 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 subchapter.
(Pub. L. 104–4, title I, § 109, Mar. 22, 1995, 109 Stat. 64.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “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.
2 U.S.C. § 1531 (THE CONGRESS)
§ 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.)
heading: Effective Date
text: 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 effect on the date of the enactment of this Act [Mar. 22, 1995].”
heading: Regulatory Planning and Review
text: For provisions stating regulatory philosophy and principles and setting forth regulatory organization, procedures, and guidelines for centralized review of new and existing regulations to make the regulatory process more efficient, see Ex. Ord. No. 12866, Sept. 30, 1993, 58 F.R. 51735, set out as a note under section 601 of Title 5, Government Organization and Employees.
2 U.S.C. § 1533 (THE CONGRESS)
§ 1533. Small government agency plan
(a) Effects on small governments
Before establishing any regulatory requirements that might significantly or uniquely affect small governments, agencies shall have developed a plan under which the agency shall—
(1) provide notice of the requirements to potentially affected small governments, if any;
(2) enable officials of affected small governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates; and
(3) inform, educate, and advise small governments on compliance with the requirements.
(b) Authorization of appropriations
There are authorized to be appropriated to each agency to carry out the provisions of this section and for no other purpose, such sums as are necessary.
(Pub. L. 104–4, title II, § 203, Mar. 22, 1995, 109 Stat. 65.)
2 U.S.C. § 1534 (THE CONGRESS)
§ 1534. State, local, and tribal government input
(a) In general
Each agency shall, to the extent permitted in law, develop an effective process to permit elected officers of State, local, and tribal governments (or their designated employees with authority to act on their behalf) to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates.
(b) Meetings between State, local, tribal and Federal officers
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to actions in support of intergovernmental communications where—
(1) meetings are held exclusively between Federal officials and elected officers of State, local, and tribal governments (or their designated employees with authority to act on their behalf) acting in their official capacities; and
(2) such meetings are solely for the purposes of exchanging views, information, or advice relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration.
(c) Implementing guidelines
No later than 6 months after March 22, 1995, the President shall issue guidelines and instructions to Federal agencies for appropriate implementation of subsections (a) and (b) of this section consistent with applicable laws and regulations.
(Pub. L. 104–4, title II, § 204, Mar. 22, 1995, 109 Stat. 65.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (b), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Delegation of Authority To Issue Guidelines and Instructions
text: Memorandum of President of the United States, Aug. 25, 1995, 60 F.R. 45039, provided:
Memorandum for the Director of the Office of Management and Budget
By the authority vested in me as President by the Constitution and laws of the United States, including section 204(c) of the Unfunded Mandates Reform Act of 1995 (Public Law 104–4) [2 U.S.C. 1534(c)] and section 301 of title 3 of the United States Code, I hereby delegate to the Director of the Office of Management and Budget the authority vested in the President to issue the guidelines and instructions to Federal agencies required by section 204(c) of that Act.
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
2 U.S.C. § 1535 (THE CONGRESS)
§ 1535. Least burdensome option or explanation required
(a) In general
Except as provided in subsection (b) of this section, before promulgating any rule for which a written statement is required under section 1532 of this title, the agency shall identify and consider a reasonable number of regulatory alternatives and from those alternatives select the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule, for—
(1) State, local, and tribal governments, in the case of a rule containing a Federal intergovernmental mandate; and
(2) the private sector, in the case of a rule containing a Federal private sector mandate.
(b) Exception
The provisions of subsection (a) of this section shall apply unless—
(1) the head of the affected agency publishes with the final rule an explanation of why the least costly, most cost-effective or least burdensome method of achieving the objectives of the rule was not adopted; or
(2) the provisions are inconsistent with law.
(c) OMB certification
No later than 1 year after March 22, 1995, the Director of the Office of Management and Budget shall certify to Congress, with a written explanation, agency compliance with this section and include in that certification agencies and rulemakings that fail to adequately comply with this section.
(Pub. L. 104–4, title II, § 205, Mar. 22, 1995, 109 Stat. 66.)
2 U.S.C. § 1536 (THE CONGRESS)
§ 1536. Assistance to Congressional Budget Office
The Director of the Office of Management and Budget shall—
(1) collect from agencies the statements prepared under section 1532 of this title; and
(2) periodically forward copies of such statements to the Director of the Congressional Budget Office on a reasonably timely basis after promulgation of the general notice of proposed rulemaking or of the final rule for which the statement was prepared.
(Pub. L. 104–4, title II, § 206, Mar. 22, 1995, 109 Stat. 66.)
2 U.S.C. § 1537 (THE CONGRESS)
§ 1537. Pilot program on small government flexibility
(a) In general
The Director of the Office of Management and Budget, in consultation with Federal agencies, shall establish pilot programs in at least 2 agencies to test innovative, and more flexible regulatory approaches that—
(1) reduce reporting and compliance burdens on small governments; and
(2) meet overall statutory goals and objectives.
(b) Program focus
The pilot programs shall focus on rules in effect or proposed rules, or a combination thereof.
(Pub. L. 104–4, title II, § 207, Mar. 22, 1995, 109 Stat. 67.)
2 U.S.C. § 1538 (THE CONGRESS)
§ 1538. Annual statements to Congress on agency compliance
No later than 1 year after March 22, 1995, and annually thereafter, the Director of the Office of Management and Budget shall submit to the Congress, including the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives, a written report detailing compliance by each agency during the preceding reporting period with the requirements of this subchapter.
(Pub. L. 104–4, title II, § 208, Mar. 22, 1995, 109 Stat. 67.)
heading: Change of Name
text: Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
2 U.S.C. § 1551 (THE CONGRESS)
§ 1551. Baseline study of costs and benefits
(a) In general
No later than 18 months after March 22, 1995, the Advisory Commission on Intergovernmental Relations (hereafter in this subchapter referred to as the “Advisory Commission”), in consultation with the Director, shall complete a study to examine the measurement and definition issues involved in calculating the total costs and benefits to State, local, and tribal governments of compliance with Federal law.
(b) Considerations
The study required by this section shall consider—
(1) the feasibility of measuring indirect costs and benefits as well as direct costs and benefits of the Federal, State, local, and tribal relationship; and
(2) how to measure both the direct and indirect benefits of Federal financial assistance and tax benefits to State, local, and tribal governments.
(Pub. L. 104–4, title III, § 301, Mar. 22, 1995, 109 Stat. 67.)
2 U.S.C. § 1553 (THE CONGRESS)
§ 1553. Special authorities of Advisory Commission
(a) Experts and consultants
For purposes of carrying out this subchapter, the Advisory Commission may procure temporary and intermittent services of experts or consultants under section 3109(b) of title 5.
(b) Detail of staff of Federal agencies
Upon request of the Executive Director of the Advisory Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Advisory Commission to assist it in carrying out this subchapter.
(c) Administrative support services
Upon the request of the Advisory Commission, the Administrator of General Services shall provide to the Advisory Commission, on a reimbursable basis, the administrative support services necessary for the Advisory Commission to carry out its duties under this subchapter.
(d) Contract authority
The Advisory Commission may, subject to appropriations, contract with and compensate government and private persons (including agencies) for property and services used to carry out its duties under this subchapter.
(Pub. L. 104–4, title III, § 303, Mar. 22, 1995, 109 Stat. 69.)
2 U.S.C. § 1554 (THE CONGRESS)
§ 1554. Annual report to Congress regarding Federal court rulings
No later than 4 months after March 22, 1995, and no later than March 15 of each year thereafter, the Advisory Commission on Intergovernmental Relations shall submit to the Congress, including the Committee on Government Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate, and to the President a report describing any Federal court case to which a State, local, or tribal government was a party in the preceding calendar year that required such State, local, or tribal government to undertake responsibilities or activities, beyond those such government would otherwise have undertaken, to comply with Federal statutes and regulations.
(Pub. L. 104–4, title III, § 304, Mar. 22, 1995, 109 Stat. 70.)
heading: Change of Name
text: Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
2 U.S.C. § 1555 (THE CONGRESS)
§ 1555. “Federal mandate” defined
Notwithstanding section 1502 of this title, for purposes of this subchapter the term “Federal mandate” means any provision in statute or regulation or any Federal court ruling that imposes an enforceable duty upon State, local, or tribal governments including a condition of Federal assistance or a duty arising from participation in a voluntary Federal program.
(Pub. L. 104–4, title III, § 305, Mar. 22, 1995, 109 Stat. 70.)
2 U.S.C. § 1556 (THE CONGRESS)
§ 1556. Authorization of appropriations
There are authorized to be appropriated to the Advisory Commission to carry out section 1551 of this title and section 1552 of this title, $500,000 for each of fiscal years 1995 and 1996.
(Pub. L. 104–4, title III, § 306, Mar. 22, 1995, 109 Stat. 70.)
2 U.S.C. § 1606 (THE CONGRESS)
§ 1606. Penalties
(a) Civil penalty
Whoever knowingly fails to—
(1) remedy a defective filing within 60 days after notice of such a defect by the Secretary of the Senate or the Clerk of the House of Representatives; or
(2) comply with any other provision of this chapter;
shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of not more than $200,000, depending on the extent and gravity of the violation.
(b) Criminal penalty
Whoever knowingly and corruptly fails to comply with any provision of this chapter shall be imprisoned for not more than 5 years or fined under title 18, or both.
(Pub. L. 104–65, § 7, Dec. 19, 1995, 109 Stat. 699; Pub. L. 110–81, title II, § 211(a), Sept. 14, 2007, 121 Stat. 749.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act” meaning Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
heading: Amendments
text: 2007—Pub. L. 110–81 designated existing provisions as subsec. (a), inserted heading, substituted “$200,000” for “$50,000” in concluding provisions, and added subsec. (b).
heading: Effective Date of 2007 Amendment
text: Pub. L. 110–81, title II, § 211(b), Sept. 14, 2007, 121 Stat. 749, provided that: “The amendments made by subsection (a) [amending this section] shall apply to any violation committed on or after the date of the enactment of this Act [Sept. 14, 2007].”
2 U.S.C. § 1607 (THE CONGRESS)
§ 1607. Rules of construction
(a) Constitutional rights
Nothing in this chapter shall be construed to prohibit or interfere with—
(1) the right to petition the Government for the redress of grievances;
(2) the right to express a personal opinion; or
(3) the right of association,
protected by the first amendment to the Constitution.
(b) Prohibition of activities
Nothing in this chapter shall be construed to prohibit, or to authorize any court to prohibit, lobbying activities or lobbying contacts by any person or entity, regardless of whether such person or entity is in compliance with the requirements of this chapter.
(c) Audit and investigations
Nothing in this chapter shall be construed to grant general audit or investigative authority to the Secretary of the Senate or the Clerk of the House of Representatives.
(Pub. L. 104–65, § 8, Dec. 19, 1995, 109 Stat. 699.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act” meaning Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
2 U.S.C. § 1608 (THE CONGRESS)
§ 1608. Severability
If any provision of this chapter, or the application thereof, is held invalid, the validity of the remainder of this chapter and the application of such provision to other persons and circumstances shall not be affected thereby.
(Pub. L. 104–65, § 13, Dec. 19, 1995, 109 Stat. 701.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act” meaning Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.