Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates with respect to legislation reported by the Appropriations Committees.
Requires the Director, at the request of a Senator, to prepare an estimate of the direct costs of a Federal mandate (currently, Federal intergovernmental mandate) contained in such Senator's amendment.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 427 Referral Instructions Senate (RIS)]
106th CONGRESS
1st Session
S. 427
To improve congressional deliberation on proposed Federal private
sector mandates, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 1999
Mr. Abraham (for himself, Mr. Domenici, Mr. Thompson, Mr. Lott, Mr.
Allard, Mr. Hagel, Mr. Sessions, Mr. Hutchinson, Mr. Cochran, Mr.
Burns, Mr. McCain, Mr. Inhofe, Mr. DeWine, Mr. Bond, Mr. Smith of
Oregon, Mr. Enzi, Mr. Helms, and Mr. Nickles) introduced the following
bill; which was read twice and referred jointly pursuant to the order
of August 4, 1977, to the Committees on the Budget and Governmental
Affairs, with instructions that if one Committee reports, the other
Committee have thirty days to report or be discharged
_______________________________________________________________________
A BILL
To improve congressional deliberation on proposed Federal private
sector mandates, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandates Information Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) before acting on proposed private sector mandates,
Congress should carefully consider their effects on consumers,
workers, and small businesses;
(2) Congress has often acted without adequate information
concerning the costs of private sector mandates, instead
focusing only on their benefits;
(3) the costs of private sector mandates are often borne in
part by consumers, in the form of higher prices and reduced
availability of goods and services;
(4) the costs of private sector mandates are often borne in
part by workers, in the form of lower wages, reduced benefits,
and fewer job opportunities; and
(5) the costs of private sector mandates are often borne in
part by small businesses, in the form of hiring disincentives
and stunted growth.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to improve the quality of Congress' deliberation with
respect to proposed mandates on the private sector, by--
(A) providing Congress with more complete
information about the effects of such mandates; and
(B) ensuring that Congress acts on such mandates
only after focused deliberation on their effects; and
(2) to enhance the ability of Congress to distinguish
between private sector mandates that harm consumers, workers,
and small businesses, and mandates that help those groups.
SEC. 4. FEDERAL PRIVATE SECTOR MANDATES.
(a) In General.--
(1) Estimates.--Section 424(b) of the Congressional Budget
Act of 1974 (2 U.S.C. 658c(b)) is amended by adding at the end
the following:
``(4) Estimate of indirect impacts.--
``(A) In general.--In preparing estimates under
paragraph (1), the Director shall also estimate, if
feasible, the impact (including any disproportionate
impact in particular regions or industries) on
consumers, workers, and small businesses, of the
Federal private sector mandates in the bill or joint
resolution, including--
``(i) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on consumer prices and on the
actual supply of goods and services in consumer
markets;
``(ii) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on worker wages, worker
benefits, and employment opportunities; and
``(iii) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on the hiring practices,
expansion, and profitability of businesses with
100 or fewer employees.
``(B) Estimate not considered in determination.--
The estimate prepared under this paragraph shall not be
considered in determining whether the direct costs of
all Federal private sector mandates in the bill or
joint resolution will exceed the threshold specified in
paragraph (1).''.
(2) Point of order.--Section 424(b)(3) of the Congressional
Budget Act of 1974 (2 U.S.C. 658c(b)(3)) is amended by adding
after the period ``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.''.
(3) Threshold amounts.--Section 425(a)(2) of the
Congressional Budget Act of 1974 (2 U.S.C. 658d(a)(2)) is
amended by striking ``Federal intergovernmental mandates by an
amount that causes the thresholds specified in section
424(a)(1)'' and inserting ``Federal mandates by an amount that
causes the thresholds specified in section 424 (a)(1) or
(b)(1)''.
(4) Application relating to appropriations committees.--
Section 425(c)(1)(B) of the Congressional Budget Act of 1974 (2
U.S.C. 658d(c)(1)(B)) is amended--
(A) in clause (i) by striking
``intergovernmental'';
(B) in clause (ii) by striking
``intergovernmental'';
(C) in clause (iii) by striking
``intergovernmental''; and
(D) in clause (iv) by striking
``intergovernmental''.
(5) Application relating to congressional budget office.--
Section 427 of the Congressional Budget Act of 1974 (2 U.S.C.
658f) is amended by striking ``intergovernmental''.
(b) Exercise of Rulemaking Powers.--This section is 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1645-1646, S1647-1648)
Read twice and referred jointly to the Committees on Budget; Governmental Affairs pursuant to the order of August 4, 1977, with instructions that if one Committee reports, the other Committee have thirty days to report or be discharged.
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