2 U.S.C. § 658g — Clarification of application
submitted 31 years ago by Pub. L. 93-344 to r/title-2-THE-CONGRESS · 350 words · no verdicts yet
This part applies to certain legislation that reduces Federal financial assistance without a matching reduction in mandate duties or increases mandate costs. It defines the cost comparison for such legislation.
(a) In general. This part applies to a bill, joint resolution, amendment, motion, or conference report that reauthorizes appropriations, changes an existing authorization for a statute, or otherwise changes a statute only if enactment: (1) would reduce or eliminate authorized Federal financial assistance for State*, local, or tribal governments to comply with an intergovernmental mandate, or for the private sector* to comply with a private-sector mandate, without correspondingly reducing or eliminating the mandate's duties; or (2) would increase the total direct costs* of intergovernmental or private-sector mandates other than as described in paragraph (1). (b) Direct costs. (1) For this part, the direct cost of mandates in such a measure is the net increase caused by enactment: the amount in paragraph (2)(A) minus the amount in paragraph (2)(B). (2) Those amounts are: (A) aggregate direct mandate costs if the measure is enacted; and (B) aggregate direct mandate costs if it is not enacted. (3) For legislation extending an appropriations authorization, compare the authorization level under the extension with the level authorized for the last year already covered.
This part applies to any bill, joint resolution, amendment, motion, or conference report that reauthorizes appropriations, or that amends existing authorizations of appropriations, to carry out any statute, or that otherwise amends any statute, only if enactment of the bill, joint resolution, amendment, motion, or conference report—
would result in a net reduction in or elimination of authorization of appropriations for Federal financial assistance that would be provided to State*, local, or tribal governments for use for the purpose of complying with any Federal intergovernmental mandate*, or to the private sector* for use to comply with any Federal private sector mandate*, and would not eliminate or reduce duties established by the Federal mandate* by a corresponding amount; or
would result in a net increase in the aggregate amount of direct costs* of Federal intergovernmental mandates or Federal private sector mandates other than as described in paragraph (1).
For purposes of this part, the direct cost of the Federal mandates in a bill, joint resolution, amendment, motion, or conference report that reauthorizes appropriations, or that amends existing authorizations of appropriations, to carry out a statute, or that otherwise amends any statute, means the net increase, resulting from enactment of the bill, joint resolution, amendment, motion, or conference report, in the amount described under paragraph (2)(A) over the amount described under paragraph (2)(B).
The amounts referred to under paragraph (1) are—
the aggregate amount of direct costs of Federal mandates that would result under the statute if the bill, joint resolution, amendment, motion, or conference report is enacted; and
the aggregate amount of direct costs of Federal mandates that would result under the statute if the bill, joint resolution, amendment, motion, or conference report were not enacted.
For purposes of this section, in the case of legislation to extend authorization of appropriations, the authorization level that would be provided by the extension shall be compared to the authorization level for the last year in which authorization of appropriations is already provided.
Source credit: (Pub. L. 93–344, title IV, § 428, as added Pub. L. 104–4, title I, § 101(a)(2), Mar. 22, 1995, 109 Stat. 59.)
- 1995Enacted · Pub. L. 93-344 · 109 Stat. 59
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-344 on 1995-03-22.
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