[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 250 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 250

To amend chapter 41 of title 28, United States Code, to provide for an 
 analysis of certain bills and resolutions pending before the Congress 
   by the Director of the Administrative Office of the United States 
                    Courts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 19 (legislative day, January 10), 1995

 Mr. McConnell introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend chapter 41 of title 28, United States Code, to provide for an 
 analysis of certain bills and resolutions pending before the Congress 
   by the Director of the Administrative Office of the United States 
                    Courts, 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. ANALYSIS OF CERTAIN BILLS AND RESOLUTIONS BY THE DIRECTOR OF 
              THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.

    (a) In General.--Chapter 41 of title 28, United States Code, is 
amended by adding after section 612 the following new section:
``Sec. 613. Analysis of bills and resolutions
    ``(a) Subject to the provisions of subsection (b), the Director of 
the Administrative Office of the United States Courts shall prepare an 
analysis of each bill or resolution reported by any committee of the 
Senate or House of Representatives. Such analysis shall include--
            ``(1)(A) an estimate of the litigation costs to the Federal 
        courts which would result from the enactment of such bill or 
        resolution in the fiscal year in which it is to become 
        effective and in each of the 4 fiscal years following such 
        fiscal year; and
            ``(B) the basis for each such estimate;
            ``(2)(A) an estimate of the litigation costs to the State 
        courts which would result from the enactment of the bill or 
        resolution in the fiscal year in which it is to become 
        effective and in each of the 4 fiscal years following such 
        fiscal year; and
            ``(B) the basis for each such estimate;
            ``(3)(A) an estimate of the attorneys' fees which would 
        result from the enactment of the bill or resolution in the 
        fiscal year in which it is to become effective and in each of 
        the 4 fiscal years following such fiscal year; and
            ``(B) the basis for each such estimate;
            ``(4)(A) an estimate of the increased liability which would 
        be incurred by the Federal, State, and local government 
        agencies which would result from the enactment of the bill or 
        resolution in the fiscal year in which it is to become 
        effective and in each of the 4 fiscal years following such 
        fiscal year; and
            ``(B) the basis for each such estimate;
            ``(5)(A) an estimate of the increased liability which would 
        be incurred by the private sector, including individuals, 
        business organizations and nonprofit entities, which would 
        result from the enactment of the bill or resolution in the 
        fiscal year in which it is to become effective and in each of 
        the 4 fiscal years following such fiscal year; and
            ``(B) the basis for each such estimate; and
            ``(6) a description of each method for establishing a 
        Federal financial commitment contained in such bill or 
        resolution.
    ``(b) The provisions of subsection (a) shall not apply to--
            ``(1) any private bill or resolution; or
            ``(2) any bill or resolution reported by the Committee on 
        Appropriations of each House.
    ``(c) The Director of the Administrative Office of the United 
States Courts shall submit the analysis described under subsection (a) 
to each appropriate committee. To the greatest extent practicable--
            ``(1) the Director shall submit the analysis before the 
        committee files the applicable bill or resolution as reported 
        by the committee; and
            ``(2) the committee shall include the analysis in the 
        committee report accompanying the applicable reported bill or 
        resolution.
    ``(d) At the request of a Senator, the Director of the 
Administrative Office of the United States Courts shall provide an 
analysis under this section for--
            ``(1) any bill or resolution not reported by a committee to 
        be considered by the Senate; and
            ``(2) any amendment to be offered in the Senate.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 41 of title 28, United States Code, is amended by adding after 
the item relating to section 612 the following:

``613. Analysis of bills and resolutions.''.
    (c) Point of Order in the Senate.--(1) Except as otherwise provided 
under this subsection, it shall not be in order in the Senate to 
consider any bill, resolution, or amendment described under paragraph 
(2) for which an analysis prepared by the Director of the 
Administrative Office of the United States Courts under section 613 of 
title 28, United States Code, has not been submitted to the appropriate 
committee or the Secretary of the Senate.
    (2) Paragraph (1) shall apply to--
            (A) any bill or resolution (other than a private bill or 
        resolution) that--
                    (i) is not reported by a committee; and
                    (ii) is to be considered by the Senate; and
            (B) any amendment to be offered in the Senate, other than 
        an amendment relating to appropriations.
    (3) The provisions of paragraph (1) may be waived or suspended in 
the Senate only by the affirmative vote of three-fifths of the Members, 
duly chosen and sworn.
    (d) Rulemaking Power of Congress.--The provisions of section 613(c) 
of title 28, United States Code (as added by subsection (a) of this 
section) and subsection (c) of this section are enacted by the 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such is 
        deemed a part of the rules of each House, respectively, and 
        such rules supersede other rules only to the extent that such 
        rules are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner and to 
        the same extent as in the case of any other rule of that House.
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