A bill to amend chapter 41 of title 28, United States Code, to provide for an analysis of certain bills and resolutions pending before the Congress by the Director of the Administrative Office of the United States Courts, and for other purposes.

S BY THE DIRECTOR OF 
              THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.

    (a) In General.--Chapter 41 of title 28, United States Code, is 
amended by adding after section 612 the following new section:
``Sec. 613. Analysis of bills and resolutions
    ``(a) Subject to the provisions of subsection (b), the Director of 
the Administrative Office of the United States Courts shall prepare an 
analysis of each bill or resolution reported by any committee of the 
Senate or House of Representatives. Such analysis shall include--
            ``(1)(A) an estimate of the litigation costs to the Federal 
        courts which would result from the enactment of such bill or 
        resolution in the fiscal year in which it is to become 
        effective and in each of the 4 fiscal years following such 
        fiscal year; and
            ``(B) the basis for each such estimate;
            ``(2)(A) an estimate of the litigation costs to the State 
        courts which would result from the enactment of the bill or 
        resolution in the fiscal year in which it is to become 
        effective and in each of the 4 fiscal years following such 
        fiscal year; and
            ``(B) the basis for each such estimate;
            ``(3)(A) an estimate of the attorneys' fees which would 
        result from the enactment of the bill or resolution in the 
        fiscal year in which it is to become effective and in each of 
        the 4 fiscal years following such fiscal year; and
            ``(B) the basis for each such estimate;
            ``(4)(A) an estimate of the increased liability which would 
        be incurred by the Federal, State, and local government 
        agencies which would result from the enactment of the bill or 
        resolution in the fiscal year in which it is to become 
        effective and in each of the 4 fiscal years following such 
        fiscal year; and
            ``(B) the basis for each such estimate;
            ``(5)(A) an estimate of the increased liability which would 
        be incurred by the private sector, including individuals, 
        business organizations and nonprofit entities, which would 
        result from the enactment of the bill or resolution in the 
        fiscal year in which it is to become effective and in each of 
        the 4 fiscal years following such fiscal year; and
            ``(B) the basis for each such estimate; and
            ``(6) a description of each method for establishing a 
        Federal financial commitment contained in such bill or 
        resolution.
    ``(b) The provisions of subsection (a) shall not apply to--
            ``(1) any private bill or resolution; or
            ``(2) any bill or resolution reported by the Committee on 
        Appropriations of each House.
    ``(c) The Director of the Administrative Office of the United 
States Courts shall submit the analysis described under subsection (a) 
to each appropriate committee. To the greatest extent practicable--
            ``(1) the Director shall submit the analysis before the 
        committee files the applicable bill or resolution as reported 
        by the committee; and
            ``(2) the committee shall include the analysis in the 
        committee report accompanying the applicable reported bill or 
        resolution.
    ``(d) At the request of a Senator, the Director of the 
Administrative Office of the United States Courts shall provide an 
analysis under this section for--
            ``(1) any bill or resolution not reported by a committee to 
        be considered by the Senate; and
            ``(2) any amendment to be offered in the Senate.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 41 of title 28, United States Code, is amended by adding after 
the item relating to section 612 the following:

``613. Analysis of bills and resolutions.''.
    (c) Point of Order in the Senate.--(1) Except as otherwise provided 
under this subsection, it shall not be in order in the Senate to 
consider any bill, resolution, or amendment described under paragraph 
(2) for which an analysis prepared by the Director of the 
Administrative Office of the United States Courts under section 613 of 
title 28, United States Code, has not been submitted to the appropriate 
committee or the Secretary of the Senate.
    (2) Paragraph (1) shall apply to--
            (A) any bill or resolution (other than a private bill or 
        resolution) that--
                    (i) is not reported by a committee; and
                    (ii) is to be considered by the Senate; and
            (B) any amendment to be offered in the Senate, other than 
        an amendment relating to appropriations.
    (3) The provisions of paragraph (1) may be waived or suspended in 
the Senate only by the affirmative vote of three-fifths of the Members, 
duly chosen and sworn.
    (d) Rulemaking Power of Congress.--The provisions of section 613(c) 
of title 28, United States Code (as added by subsection (a) of this 
section) and subsection (c) of this section are enacted by the 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such is 
        deemed a part of the rules of each House, respectively, and 
        such rules supersede other rules only to the extent that such 
        rules are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner and to 
        the same extent as in the case of any other rule of that House.

Summary: Amends the Federal judicial code to require the Director of the Administrative Office of the US Courts to prepare an analysis of each bill or resolution reported by any congressional committee which shall include: (1) estimates of the litigation costs to the Federal and State courts, attorney fees, and increased liability incurred by Federal, State, and local government agencies and by the private sector that would result from enactment of such legislation in the fiscal year in which it is to become effective and in each of the four fiscal years thereafter, (2) the basis for each estimate. And (3) a description of each method for establishing a Federal financial commitment contained in such legislation. Makes such provisions inapplicable to any private legislation or legislation reported by the Appropriations Committees of each House. Requires: (1) the Director to submit the analysis to each appropriate committee, to the greatest extent practicable, before the committee files the applicable legislation reported by the committee. And (2) the committee to include the analysis in the committee report accompanying the applicable reported bill or resolution. Requires the Director, at the request of a Senator, to provide an analysis for any legislation not reported by a committee to be considered by the Senate and any amendment to be offered in the Senate. Specifies that it shall not be in order in the Senate to consider any legislation that is not reported by a committee and is to be considered by the Senate, and any amendment to be offered in the Senate other than one relating to appropriations, for which an analysis prepared by the Director has not been submitted to the appropriate committee or the Secretary of the Senate. Allows this provision to be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members.