II

104TH CONGRESS

1ST SESSION S. 250

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.

IN THE SENATE OF THE UNITED STATES

JANUARY 19 (legislative day, JANUARY 10), 1995

Mr. MCCONNELL introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. ANALYSIS OF CERTAIN BILLS AND RESOLU2 TIONS BY THE DIRECTOR OF THE ADMINIS3 TRATIVE OFFICE OF THE UNITED STATES

4 COURTS.

5 (a) IN GENERAL.—Chapter 41 of title 28, United

6 States Code, is amended by adding after section 612 the

7 following new section:

8 ‘‘§ 613. Analysis of bills and resolutions

9 ‘‘(a) Subject to the provisions of subsection (b), the

10 Director of the Administrative Office of the United States

11 Courts shall prepare an analysis of each bill or resolution

12 reported by any committee of the Senate or House of Rep13 resentatives. Such analysis shall include—

14 ‘‘(1)(A) an estimate of the litigation costs to

15 the Federal courts which would result from the en16 actment of such bill or resolution in the fiscal year

17 in which it is to become effective and in each of the

18 4 fiscal years following such fiscal year; and

19 ‘‘(B) the basis for each such estimate;

20 ‘‘(2)(A) an estimate of the litigation costs to

21 the State courts which would result from the enact22 ment of the bill or resolution in the fiscal year in

23 which it is to become effective and in each of the 4

24 fiscal years following such fiscal year; and

25 ‘‘(B) the basis for each such estimate;
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1 ‘‘(3)(A) an estimate of the attorneys’ fees which

2 would result from the enactment of the bill or reso3 lution in the fiscal year in which it is to become ef4 fective and in each of the 4 fiscal years following

5 such fiscal year; and

6 ‘‘(B) the basis for each such estimate;

7 ‘‘(4)(A) an estimate of the increased liability

8 which would be incurred by the Federal, State, and

9 local government agencies which would result from

10 the enactment of the bill or resolution in the fiscal

11 year in which it is to become effective and in each

12 of the 4 fiscal years following such fiscal year; and

13 ‘‘(B) the basis for each such estimate;

14 ‘‘(5)(A) an estimate of the increased liability

15 which would be incurred by the private sector, in16 cluding individuals, business organizations and non17 profit entities, which would result from the enact18 ment of the bill or resolution in the fiscal year in

19 which it is to become effective and in each of the 4

20 fiscal years following such fiscal year; and

21 ‘‘(B) the basis for each such estimate; and

22 ‘‘(6) a description of each method for establish23 ing a Federal financial commitment contained in

24 such bill or resolution.
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1 ‘‘(b) The provisions of subsection (a) shall not apply

2 to—

3 ‘‘(1) any private bill or resolution; or

4 ‘‘(2) any bill or resolution reported by the Com5 mittee on Appropriations of each House.

6 ‘‘(c) The Director of the Administrative Office of the

7 United States Courts shall submit the analysis described

8 under subsection (a) to each appropriate committee. To

9 the greatest extent practicable—

10 ‘‘(1) the Director shall submit the analysis be11 fore the committee files the applicable bill or resolu12 tion as reported by the committee; and

13 ‘‘(2) the committee shall include the analysis in

14 the committee report accompanying the applicable

15 reported bill or resolution.

16 ‘‘(d) At the request of a Senator, the Director of the

17 Administrative Office of the United States Courts shall

18 provide an analysis under this section for—

19 ‘‘(1) any bill or resolution not reported by a

20 committee to be considered by the Senate; and

21 ‘‘(2) any amendment to be offered in the Sen22 ate.’’.

23 (b) TECHNICAL AND CONFORMING AMENDMENT.—

24 The table of sections for chapter 41 of title 28, United
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1 States Code, is amended by adding after the item relating

2 to section 612 the following:

‘‘613. Analysis of bills and resolutions.’’.

3 (c) POINT OF ORDER IN THE SENATE.—(1) Except

4 as otherwise provided under this subsection, it shall not

5 be in order in the Senate to consider any bill, resolution,

6 or amendment described under paragraph (2) for which

7 an analysis prepared by the Director of the Administrative

8 Office of the United States Courts under section 613 of

9 title 28, United States Code, has not been submitted to

10 the appropriate committee or the Secretary of the Senate.

11 (2) Paragraph (1) shall apply to—

12 (A) any bill or resolution (other than a private

13 bill or resolution) that—

14 (i) is not reported by a committee; and

15 (ii) is to be considered by the Senate; and

16 (B) any amendment to be offered in the Senate,

17 other than an amendment relating to appropriations.

18 (3) The provisions of paragraph (1) may be waived

19 or suspended in the Senate only by the affirmative vote

20 of three-fifths of the Members, duly chosen and sworn.

21 (d) RULEMAKING POWER OF CONGRESS.—The provi22 sions of section 613(c) of title 28, United States Code (as

23 added by subsection (a) of this section) and subsection (c)

24 of this section are enacted by the Congress—
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1 (1) as an exercise of the rulemaking power of

2 the Senate and the House of Representatives, re3 spectively, and as such is deemed a part of the rules

4 of each House, respectively, and such rules super5 sede other rules only to the extent that such rules

6 are inconsistent therewith; and

7 (2) with full recognition of the constitutional

8 right of either House to change the rules (so far as

9 relating to the procedure of that House) at any time,

10 in the same manner and to the same extent as in

11 the case of any other rule of that House.

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