[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 389 Referral Instructions Senate (RIS)]







105th CONGRESS
  1st Session
                                 S. 389

   To improve congressional deliberation on proposed Federal private 
                sector mandates, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 1997

 Mr. Abraham (for himself, Mr. Bond, Mr. Nickles, Mr. Hutchinson, Mr. 
 Helms, and Mr.Sessions) introduced the following bill; which was read 
twice and referred jointly pursuant to the order of August 4, 1977, as 
   modified by the order of April 11, 1986, 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 1997''.

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's 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.

   TITLE I--DELIBERATION ON PROPOSED FEDERAL PRIVATE SECTOR MANDATES

SEC. 101. FEDERAL PRIVATE SECTOR MANDATES.

    (a) In General.--
            (1) Estimates.--Section 424(b)(2) of the Congressional 
        Budget Act of 1974 (2 U.S.C. 658c(b)(2)) is amended--
                    (A) in subparagraph (A) by striking ``and'' after 
                the semicolon; and
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C), and inserting after subparagraph (A) 
                the following:
                    ``(B) 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; and''.
            (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--
                    (A) 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)''; 
                and
                    (B) by inserting ``, in the case of Federal 
                intergovernmental mandates exceeding the thresholds 
                specified in section 424(a)(1)'' after``unless''.
            (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''.
            (6) 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>