Home > 105th Congressional Bills > S. 389 (ris) To improve congressional deliberation on proposed Federal private sector mandates, and for other purposes. ...

S. 389 (ris) To improve congressional deliberation on proposed Federal private sector mandates, and for other purposes. ...


Google
 
Web GovRecords.org







                                                       Calendar No. 696
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, Mr. Smith of Oregon, Mr. Shelby, 
and Mrs. Hutchison) 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

                            October 2, 1998

            Committee discharged and placed on the calendar

_______________________________________________________________________

                                 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''.
                                     

                                                       Calendar No. 696

105th CONGRESS

  2d Session

                                 S. 389

                          [Report No. 105-299]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 2, 1998

            Committee discharged and placed on the calendar

Pages: 1

Other Popular 105th Congressional Bills Documents:

1 H.R. 1493 (rh) To require the Attorney General to establish a program in local prisons to identify, prior to arraignment, criminal aliens and aliens who are unlawfully present in the United States, and for other purposes. ...
2 H.R. 470 (ih) To curtail illegal immigration through increased enforcement of the employer sanctions provisions in the Immigration and Nationality Act and related laws. ...
3 H.Con.Res. 198 (ih) To correct a technical error in the enrollment of the bill S. 1026. ...
4 H.R. 3065 (ih) To direct the Administrator of the Environmental Protection Agency to design and implement a performance-based measurement system to encourage the development of new environmental monitoring technologies. ...
5 H.Res. 112 (rh) Providing for consideration of motions to suspend the rules. ...
6 S. 1116 (is) To amend the Internal Revenue Code of 1986 to provide tax incentives for education. ...
7 H.R. 2579 (ih) To amend the Occupational Safety and Health Act of 1970 to further improve the safety and health of working environments, and for other purposes. ...
8 H.R. 443 (ih) To amend part A of title XVIII of the Social Security Act to deny Medicare payment with respect to non-profit hospitals that transfer assets or control to for-profit entities without approval. ...
9 H.Res. 342 (eh) ...
10 H.Res. 362 (ih) Commending the visit of His Holiness Pope John Paul II to Cuba. ...
11 S. 426 (is) To amend the Higher Education Act of 1965 to adjust the needs analysis to protect more of a student's earnings. ...
12 H.R. 215 (ih) Relating to the period of availability of certain emergency relief funds allocated under section 125 of title 23, United States Code, for carrying out a project to repair or reconstruct a portion of a Federal- aid primary route in San Mateo,...
13 H.R. 914 (eh) To make certain technical corrections in the Higher Education Act of 1965 relating to graduation data disclosures. ...
14 H.R. 2432 (ih) To provide relief for domestic producers of tailored wool apparel from increased imports of such apparel from Canada. ...
15 S.Con.Res. 39 (rs) Expressing the sense of the Congress that the German Government should expand and simplify its reparations system, provide reparations to Holocaust survivors in Eastern and Central Europe, and set up a fund to help cover the medical exp...
16 H.R. 4058 (rh) To amend title 49, United States Code, to extend the aviation insurance program, and for other purposes. ...
17 H.Res. 601 (ath) Returning to the Senate the bill S. 361. ...
18 S. 936 (rfh) To authorize appropriations for fiscal year 1998 for military ...
19 H.R. 3528 (eh) To amend title 28, United States Code, with respect to the use of alternative dispute resolution processes in United States district courts, and for other purposes. ...
20 S. 1159 (es) To amend the Alaska Native Claims Settlement Act, regarding the Kake Tribal Corporation public interest land exchange. ...
21 H.R. 1952 (ih) To designate certain Bureau of Land Management lands in the State of Utah as wilderness, and for other purposes. ...
22 H.R. 2725 (ih) To amend part C of title XVIII of the Social Security Act to repeal the authority to offer private fee-for-service plans under the Medicare+Choice Program. ...
23 S. 1122 (is) To establish a national registry of abusive and criminal patient care workers and to require criminal background checks of patient care workers. ...
24 S. 613 (is) To provide that Kentucky may not tax compensation paid to a resident of Tennessee for certain services performed at Fort Campbell, Kentucky. ...
25 H.R. 2988 (ih) To facilitate the operation, maintenance, and upgrade of certain ...
26 H.R. 4033 (ih) To amend title II of the Social Security Act to require investment of the Social Security trust funds in marketable securities, and for other purposes. ...
27 H.R. 1739 (ih) To amend the Act designating the Boundary Waters Canoe Area Wilderness to clarify certain provisions of law regarding activities authorized within the wilderness area, and for other purposes. ...
28 H.R. 1598 (ih) To amend the National Labor Relations Act to require the National Labor Relations Board to resolve unfair labor practice complaints in a timely manner. ...
29 H.R. 4081 (ih) To extend the deadline under the Federal Power Act applicable to the construction of a hydroelectric project in the State of Arkansas. ...
30 H.R. 5 (rh) To amend the Individuals with Disabilities Education Act, to reauthorize and make improvements to that Act, and for other purposes. ...


Other Documents:

105th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy