[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 389 Reported in Senate (RS)]







105th CONGRESS
  2d Session
                                 S. 389

                          [Report No. 105-299]

   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, Mr. Sessions, Mr. Cochran, Mr. McCain, Mr. Allard, Mr. 
Brownback, Mr. Craig, Mr. Hagel, Mr. Lott, Mr. Coverdell, Mr. Kyl, Mr. 
  Inhofe, Mr. Thomas, Mr. Gorton, Mr. Enzi, Mr. Grams, Mr. Mack, Mr. 
Frist, Mr. Faircloth, Ms. Collins, Mr. Dorgan, Mr. D'Amato, Mr. Coats, 
Mr. Burns, Ms. Snowe, Mr. Domenici, and Mr. Smith of Oregon) 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

             September 2 (legislative day, August 31), 1998

               Reported by Mr. Thompson, with amendments
  [Omit the part struck through and insert the part printed in italic]

             September 2 (legislative day, August 31), 1998

 Referred to the Committee on the Budget for not to exceed 30 calendar 
                                  days

_______________________________________________________________________

                                 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 
<DELETED>1997</DELETED> 1998''.

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.

   <DELETED>TITLE I--DELIBERATION ON PROPOSED FEDERAL PRIVATE SECTOR 
                           MANDATES</DELETED>

SEC. 101.</DELETED> SEC. 4. FEDERAL PRIVATE SECTOR MANDATES.

    (a) In General.--
        <DELETED>    (1) Estimates.--Section 424(b)(2) of the 
        Congressional Budget Act of 1974 (2 U.S.C. 658c(b)(2)) is 
        amended--</DELETED>
                <DELETED>    (A) in subparagraph (A) by striking 
                ``and'' after the semicolon; and</DELETED>
                <DELETED>    (B) by redesignating subparagraph (B) as 
                subparagraph (C), and inserting after subparagraph (A) 
                the following:</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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''.</DELETED>
            (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.''.
        <DELETED>    (3) Threshold amounts.--Section 425(a)(2) of the 
        Congressional Budget Act of 1974 (2 U.S.C. 658d(a)(2)) is 
        amended--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) by inserting ``, in the case of 
                Federal intergovernmental mandates exceeding the 
                thresholds specified in section 424(a)(1)'' 
                after``unless''.</DELETED>
            (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''.
            <DELETED>(6)</DELETED> (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.

SEC. 5. FEDERAL INTERGOVERNMENTAL MANDATE.

    Section 421(5)(B) of the Congressional Budget and Impoundment 
Control Act of 1974 (2 U.S.C. 658(5)(B)) is amended--
            (1) by striking ``the provision'' after ``if'';
            (2) in clause (i)(I) by inserting ``the provision'' before 
        ``would'';
            (3) in clause (i)(II) by inserting ``the provision'' before 
        ``would''; and
            (4) in clause (ii)--
                    (A) by inserting ``that legislation, statute, or 
                regulation does not provide'' before ``the State''; and
                    (B) by striking ``lack'' and inserting ``new or 
                expanded''.
                                 <all>