mandates in the bill or joint resolution;
and
‘‘(ii) the amount, if any, of increase in
authorization of appropriations under ex-
isting Federal financial assistance pro-
grams, or of authorization of appropria-
tions for new Federal financial assistance,
provided by the bill or joint resolution usa-
ble by the private sector for the activities
subject to the Federal private sector man-
dates.
‘‘(C) If the Director determines that it is
not feasible to make a reasonable estimate that
would be required under subparagraphs (A) and
(B), the Director shall not make the estimate,
but shall report in the statement that the rea-
sonable estimate cannot be made and shall in-
clude the reasons for that determination in the
statement.
‘‘(3) LEGISLATION
FALLING
BELOW
THE
DI-
RECT
COSTS
THRESHOLDS.—If the Director esti-
mates that the direct costs of a Federal mandate
will not equal or exceed the threshold specified in
paragraph (1)(A) or (2)(A), the Director shall so
state and shall briefly explain the basis of the esti-
mate.
‘‘(4) AMENDED
BILLS
AND
JOINT
RESOLU-
TIONS; CONFERENCE REPORTS.—If the Director has
prepared the statement pursuant to subsection (a)
for a bill or joint resolution, and if that bill or joint
resolution is reported or passed in an amended form
(including if passed by one House as an amendment
in the nature of a substitute for the text of a bill
or joint resolution from the other House) or is re-
ported by a committee of conference in an amended
form, the committee of conference shall ensure, to
the greatest extent practicable, that the Director
shall prepare a supplemental statement for the bill
or joint resolution in that amended form.
‘‘(b) ASSISTANCE TO COMMITTEES AND STUDIES.—
‘‘(1) IN GENERAL.—At the request of any com-
mittee of the House of Representatives or of the
Senate, the Director shall, to the extent practicable,
consult with and assist such committee in analyzing
the budgetary or financial impact of any proposed
legislation that may have—
‘‘(A) a significant budgetary impact on
State, local, or tribal governments; or
‘‘(B) a significant financial impact on the
private sector.
‘‘(2) CONTINUING
STUDIES.—The Director
shall conduct continuing studies to enhance compari-
sons of budget outlays, credit authority, and tax ex-
penditures.
‘‘(3) FEDERAL MANDATE STUDIES.—
‘‘(A) At the request of any committee of
the House of Representatives or the Senate, the
Director shall, to the extent practicable, con-
duct a study of a legislative proposal containing
a Federal mandate.
‘‘(B) In conducting a study under subpara-
graph (A), the Director shall—
‘‘(i) solicit and consider information
or comments from elected officials (includ-
ing their designated representatives) of
States, local governments, tribal govern-
ments, designated representatives of the
private sector, and such other persons as
may provide helpful information or com-
ments;
‘‘(ii) consider establishing advisory
panels of elected officials (including their
designated representatives) of States, local
governments, 
tribal 
governments, 
des-
ignated representatives of the private sec-
tor, and other persons if the Director de-
termines, in the Director’s discretion, that
such advisory panels would be helpful in
performing the Director’s responsibilities
under this section; and
‘‘(iii) include estimates, if and to the
extent that the Director determines that
accurate estimates are reasonably feasible,
of—
‘‘(I) the future direct cost of the
Federal mandates concerned to the
extent that they significantly differ
from or extend beyond the 5-year pe-
riod after the mandate is first effec-
tive; and
‘‘(II) any disproportionate budg-
etary effects of the Federal mandates
concerned upon particular industries
or sectors of the economy, States, re-
gions, and urban, or rural or other
types of communities, as appropriate.
‘‘(C) In conducting a study on private sec-
tor mandates under subparagraph (A), the Di-
rector shall provide estimates, if and to the ex-
tent that the Director determines that such es-
timates are reasonably feasible, of—
‘‘(i) future costs of Federal private
sector mandates to the extent that such
mandates differ significantly from or ex-
tend beyond the 5-year period referred to
in subparagraph (B)(iii)(I);
‘‘(ii) any disproportionate financial ef-
fects of Federal private sector mandates
and of any Federal financial assistance in
the bill or joint resolution upon any par-
ticular industries or sectors of the econ-
omy, States, regions, and urban or rural or
other types of communities; and
‘‘(iii) the effect of Federal private sec-
tor mandates in the bill or joint resolution
on the national economy, including the ef-
fect on productivity, economic growth, full
employment, creation of productive jobs,
and 
international 
competitiveness 
of
United States goods and services.
‘‘(c) VIEWS AND ESTIMATES OF COMMITTEES.—Any
committee of the House of Representatives or the Senate
that anticipates that it will consider any proposed legisla-
tion establishing, amending, or reauthorizing any Federal
program likely to have a significant budgetary impact on
any State, local, or tribal government, or likely to have
a significant financial impact on the private sector, includ-
ing any legislative proposal submitted by the executive
branch likely to have such a budgetary or financial impact,
shall include that information in its views and estimates
on that proposal to the Committee on the Budget of the
applicable House pursuant to section 301(d).
‘‘(d) VIEWS OF COMMITTEES.—Any committee of the
House of Representatives or the Senate which anticipates
that the committee will consider any proposed legislation
establishing, amending, or reauthorizing any Federal pro-
gram likely to have a significant budgetary impact on the
States, local governments, or tribal governments, or likely
to have a significant financial impact on the private sector,
including any legislative proposal submitted by the execu-
tive branch likely to have such a budgetary or financial
impact, shall provide its views and estimates on such pro-
posal to the Committee on the Budget of its House.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to the Congressional
Budget Office to carry out this part $4,500,000 for each
of fiscal years 1996 through 2002.
or exceeds the estimated direct costs of such
mandate; or
‘‘(B) the bill, joint resolution, amendment,
motion, or conference report provides an in-
crease in receipts or a decrease in new budget
authority or new entitlement authority in the
House of Representatives or direct spending au-
thority in the Senate and an increase in new
budget authority or new entitlement authority
in the House of Representatives or an increase
direct spending authority for each fiscal year
for the Federal intergovernmental mandates in-
cluded in the bill, joint resolution, amendment,
motion, or conference report in an amount that
equals or exceeds the estimated direct costs of
such mandate; or
‘‘(C) the bill, joint resolution, amendment,
motion, or conference report—
‘‘(i) provides that—
‘‘(I) such mandate shall be effec-
tive for any fiscal year only if all di-
rect costs of such mandate in the fis-
cal year are provided in appropria-
tions Acts, and
‘‘(II) in the case of such a man-
date contained in the bill, joint resolu-
tion, amendment, motion, or con-
ference report, the mandate is re-
pealed effective on the first day of any
fiscal year for which all direct costs of
such mandate are not provided in ap-
propriations Acts; or
‘‘(ii) requires a Federal agency to re-
duce programmatic and financial respon-
sibilities of State, local, and tribal govern-
ments for meeting the objectives of the
mandate such that the estimated direct
costs of the mandate to such governments
do not exceed the amount of Federal fund-
ing provided to those governments to carry
out the mandate in the form of appropria-
tions or new budget authority or new enti-
tlement authority in the House of Rep-
resentatives or direct spending authority in
the Senate, and establishes criteria and
procedures for that reduction.
‘‘(b) LIMITATION ON APPLICATION TO APPROPRIA-
TIONS BILLS.—Subsection (a) shall not apply to a bill that
is reported by the Committee on Appropriations or an
amendment thereto.
‘‘(c) DETERMINATION OF DIRECT COSTS BASED ON
ESTIMATES BY BUDGET COMMITTEES.—For the purposes
of this section, the amount of direct costs of a Federal
mandate for a fiscal year shall be determined based on
estimates made by the Committee on the Budget, in con-
sultation with the Director, of the House of Representa-
tives or the Senate, as the case may be.
‘‘(d) DETERMINATION OF EXISTENCE OF FEDERAL
MANDATE BY GOVERNMENT REFORM AND OVERSIGHT
AND GOVERNMENTAL AFFAIRS COMMITTEES.—For the
purposes of this section, the Committee on Government
Reform and Oversight of the House of Representatives or
the Committee on Governmental Affairs of the Senate, as
applicable, shall have the authority to make final deter-
minations of whether a bill, joint resolution, amendment,
motion, or conference report contains a Federal intergov-
ernmental mandate.
‘‘SEC. 426. ENFORCEMENT IN THE HOUSE OF REPRESENTA-
TIVES.
‘‘It shall not be in order in the House of Representa-
tives to consider a rule or order that waives the application
of section 425(a) to a bill or joint resolution reported by
a committee of authorization.’’.
SEC. 302. ENFORCEMENT IN THE HOUSE OF REPRESENTA-
TIVES.
(a) MOTIONS TO STRIKE IN THE COMMITTEE OF
THE WHOLE.—Clause 5 of rule XXIII of the Rules of the
House of Representatives is amended by adding at the end
the following:
‘‘(c) In the consideration of any measure for amend-
ment in the Committee of the Whole containing any Fed-
eral mandate the direct costs of which exceed the threshold
in section 424(a)(1)(A) of the Unfunded Mandate Reform
Act of 1995, it shall always be in order, unless specifically
waived by terms of a rule governing consideration of that
measure, to move to strike such Federal mandate from
the portion of the bill then open to amendment.’’.
(b) COMMITTEE ON RULES REPORTS ON WAIVED
POINTS OF ORDER.—The Committee on Rules shall in-
clude in the report required by clause 1(d) of Rule XI (re-
lating to its activities during the Congress) of the Rules
of the House of Representatives a separate item identify-
ing all waivers of points of order relating to Federal man-
dates, listed by bill or joint resolution number and the sub-
ject matter of that measure.
SEC. 303. EXERCISE OF RULEMAKING POWERS.
The provisions of this title (except section 305) are
enacted by Congress—
(1) as an exercise of the rulemaking powers of
the House of Representatives and the Senate, and as
such they shall be considered as part of the rules of
the House of Representatives and the Senate, re-
spectively, and such rules shall supersede other rules
only to the extent that they are inconsistent there-
with; and
(2) with full recognition of the constitutional
right of the House of Representatives and the Sen-
ate to change such rules at anytime, in the same
manner, and to the same extent as in the case of
any other rule of the House of Representatives or
the Senate, respectively.
SEC. 304. CONFORMING AMEMDMENT TO TABLE OF CON-
TENTS.
Section 1(b) of the Congressional Budget and Im-
poundment Control Act of 1974 is amended by inserting
‘‘PART A—GENERAL PROVISIONS’’ before the item relat-
ing to section 401 and by inserting after the item relating
to section 407 the following:
‘‘PART B—FEDERAL MANDATES
‘‘Sec. 421. Definitions.
‘‘Sec. 422. Limitation on application.
‘‘Sec. 423. Duties of congressional committees.
‘‘Sec. 424. Duties of the Director.
‘‘Sec. 425. Point of order.
‘‘Sec. 426. Enforcement in the House of Representatives.’’.
SEC. 305. TECHNICAL AMENDMENT.
The State and Local Government Cost Estimate Act
of 1981 (Public Law 97–108) is repealed.
SEC. 306. EFFECTIVE DATE.
This title shall take effect on October 1, 1995.
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