2000 
[DOCID: f:h54ih.txt]






107th CONGRESS
  1st Session
                                 H. R. 54

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2001

Mr. Condit (for himself and Mr. Portman) introduced the following bill; 
              which was referred to the Committee on Rules

_______________________________________________________________________

                                 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 2001''.

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 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 the environment, 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; and
            (7) the costs of private sector mandates are often borne in 
        part by small businesses, in the form of hiring disincentives 
        and stunted economic 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 at the end the following new sentence: ``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)(2)) is amended--
                    (A) by striking ``and'' after the semicolon at the 
                end of paragraph (1) and redesignating paragraph (2) as 
                paragraph (3); and
                    (B) by 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''; and
            (3) in paragraph (3) (as redesignated), 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) 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 
        they shall be considered as part of the rules of such House, 
        respectively, and such
450
 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''.
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