‘‘(A) IN
GENERAL.—In preparing esti-
mates under paragraph (1), the Director shall
also estimate, if feasible, the impact (including
any disproportionate impact in particular re-
gions 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, work-
er 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 DE-
TERMINATION.—The estimate prepared under
this paragraph shall not be considered in deter-
mining whether the direct costs of all Federal
private sector mandates in the bill or joint reso-
lution 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 sec-
tion 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)(2)) is amended—
(A) by striking ‘‘and’’ after the semicolon
at the end of paragraph (1) and redesignating
paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the
following new paragraph:
‘‘(2) any bill, joint resolution, amendment, mo-
tion, or conference report that would increase the di-
rect costs of Federal private sector mandates (ex-
cluding any direct costs that are attributable to reve-
nue 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 reve-
nues) by an amount that causes the thresholds spec-
ified in section 424(b)(1) to be exceeded; and’’; and
(3) in paragraph (3) (as redesignated), by strik-
ing ‘‘Federal intergovernmental mandates by an
amount that causes the thresholds specified in sec-
tion 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
APPROPRIA-
TIONS
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 ‘‘intergovern-
mental’’;
(B) in clause (ii) by striking ‘‘intergovern-
mental’’;
(C) in clause (iii) by striking ‘‘intergovern-
mental’’; and
(D) in clause (iv) by striking ‘‘intergovern-
mental’’.
(5) APPLICATION
RELATING
TO
CONGRES-
SIONAL BUDGET OFFICE.—Section 427 of the Con-
gressional Budget Act of 1974 (2 U.S.C. 658f) is
amended by striking ‘‘intergovernmental’’.
(b) RULES OF THE HOUSE OF REPRESENTATIVES.—
Clause 11(b) of rule XVIII of the Rules of the House of
Representatives is amended by striking ‘‘intergovern-
mental’’ and by striking ‘‘section 424(a)(1)’’ and inserting
‘‘section 424(a)(1) or (b)(1)’’.
(c) EXERCISE OF RULEMAKING POWERS.—This sec-
tion is enacted by Congress—
(1) as an exercise of the rulemaking power of
the Senate and the House of Representatives, re-
spectively, 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 ex-
tent 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’’.
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