article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Mandates Information Act of 1998''. 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 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. (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 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 5(c) of rule XXIII 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. (d) Annual CBO Reports.--Within 90 calendar days after the end of each fiscal year, the Director of the Congressional Budget Office shall transmit a report to each House of Congress of the economic impact of the amendments made by this Act to the Congressional Budget Act of 1974 on employment and businesses in the United States. 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''. Passed the House of Representatives May 19, 1998. Attest: Clerk.
summary: Mandates Information Act of 1998 - Amends the Congressional Budget Act of 1974 to require a congressional committee report on any bill or joint resolution that includes any Federal private sector mandate to contain information concerning the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates with respect to legislation reported by the Appropriations Committees. Provides a point of order against consideration of legislation that would increase the direct costs of Federal private sector mandates (excluding direct costs 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 five-fiscal-year period beginning with the first fiscal year such measure affects such revenues) by an amount that causes the stated threshold of $100 million per fiscal year to be exceeded. Requires the Director, at the request of a Senator, to prepare an estimate of the direct costs of a Federal mandate (currently, Federal intergovernmental mandate) contained in such Senator's amendment. Requires the Director to report to the Congress on the economic impact of the amendments made by this Act to the Congressional Budget Act of 1974 on domestic employment and businesses. Redefines "Federal intergovernmental mandate" to provide that a decrease to, or a cap on, an existing Federal program which annually provides $500 million or more entitlement authority is not such a mandate unless it provides new or expanded authority to amend financial or programmatic responsibilities so as to permit required services to continue to be provided.