[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 350 Placed on Calendar Senate (PCS)]
Calendar No. 25
106th CONGRESS
1st Session
H. R. 350
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 23, 1999
Received
March 2, 1999
Read the first time
March 3, 1999
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
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.
The Congress finds the following:
(1) Before acting on proposed private sector mandates, the
Congress should carefully consider the effects on consumers,
workers, and small businesses.
(2) The Congress has often acted without adequate
information concerning the costs of private sector mandates,
instead focusing only on the benefits.
(3) The implementation of the Unfunded Mandates Reform Act
of 1995 has resulted in increased awareness of
intergovernmental mandates without impacting existing
environmental, public health, or safety laws or regulations.
(4) The implementation of this Act will enhance the
awareness of prospective mandates on the private sector without
adversely affecting existing environmental, public health, or
safety laws or regulations.
(5) 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.
(6) 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.
(7) 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 the following:
(1) To improve the quality of the Congress' deliberation
with respect to proposed mandates on the private sector, by--
(A) providing the Congress with more complete
information about the effects of such mandates; and
(B) ensuring that the Congress acts on such
mandates only after focused deliberation on the
effects.
(2) To enhance the ability of the 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)(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) when applicable, 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 the following: ``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) of the Congressional
Budget Act of 1974 (2 U.S.C. 658d(a)) is amended by--
(A) striking ``and'' after the semicolon at the end
of paragraph (1) and redesignating paragraph (2) as
paragraph (3); and
(B) inserting after paragraph (1) the following new
paragraph:
``(2) any bill, joint resolution, amendment, motion, or
conference report that would increase the direct costs of
Federal private sector mandates (excluding any direct costs
that are attributable to revenue resulting from tax or tariff
provisions of any such measure if it does not raise net tax and
tariff revenues over the 5-fiscal-year period beginning with
the first fiscal year such measure affects such revenues) by an
amount that causes the thresholds specified in section
424(b)(1) to be exceeded; and''.
(4) Application relating to appropriations committees.--(A)
Section 425(c)(1)(A) of the Congressional Budget Act of 1974 (2
U.S.C. 658d(c)(1)(A)) is amended by striking ``except''.
(B) Section 425(c)(1)(B) of the Congressional Budget Act of
1974 (2 U.S.C. 658d(c)(1)(B)) is amended--
(i) in clause (i) by striking
``intergovernmental'';
(ii) in clause (ii) by striking
``intergovernmental'';
(iii) in clause (iii) by striking
``intergovernmental''; and
(iv) in clause (iv) by striking
``intergovernmental''.
(5) Threshold burden.--(A) Section 426(b)(2) of the
Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(2)) is
amended by inserting ``legislative'' before ``language''.
(B) Section 426(b)(2) of the Congressional Budget Act of
1974 (2 U.S.C. 658e(b)(2)) is amended by striking ``section 425
or subsection (a) of this section'' and inserting ``part B''.
(6) Question of consideration.--(A) Section 426(b)(3) of
the Congressional Budget Act of 1974 (2 U.S.C. 658e(b)(3)) is
amended by striking ``section 425 or subsection (a) of this
section'' and inserting ``part B''.
(B) Section 426(b)(3) of the Congressional Budget Act of
1974 (2 U.S.C. 658e(b)(3)) is amended by inserting ``, except
that not more than one point of order shall be recognized by
the Chair under section 425(a)(1) or (a)(2)'' before the
period.
(7) 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) Rules of the House of Representatives.--Clause 11(b) of rule
XVIII of the Rules of the House of Representatives is amended by
striking ``intergovernmental'' and by striking ``section 424(a)(1)''
and inserting ``section 424 (a)(1) or (b)(1)''.
(c) 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 it
shall be considered as part of the rules of such House,
respectively, and 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 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''.
Passed the House of Representatives February 10, 1999.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 25
106th CONGRESS
1st Session
H. R. 350
_______________________________________________________________________
AN ACT
To improve congressional deliberation on proposed Federal private
sector mandates, and for other purposes.
_______________________________________________________________________
March 3, 1999
Read the second time and placed on the calendar