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.
ø‘‘(c) VIEWS AND ESTIMATES OF COMMITTEES.—
Any committee of the House of Representatives or the
Senate that anticipates that it will consider any proposed
legislation establishing, amending, or reauthorizing any
Federal program likely to have a significant budgetary im-
pact on any State, local, or tribal government, 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 include that information in its views and esti-
mates on that proposal to the Committee on the Budget
of the applicable House pursuant to section 301(d).¿
‘‘ø(d)¿ (c) VIEWS OF COMMITTEES.—Any committee
of the House of Representatives or the Senate which an-
ticipates that the committee will consider any proposed
legislation establishing, amending, or reauthorizing any
Federal program likely to have a significant budgetary im-
pact on the States, local governments, or tribal govern-
ments, or likely to have a significant financial impact on
the private sector, including any legislative proposal sub-
mitted by the executive branch likely to have such a budg-
etary or financial impact, shall provide its views and esti-
mates on such proposal to the Committee on the Budget
of its House.
‘‘ø(e)¿ (d) AUTHORIZATION OF APPROPRIATIONS.—
There is authorized to be appropriated to the Congres-
sional Budget Office to carry out this part $4,500,000 for
each of fiscal years 1996 through 2002.
‘‘SEC. 425. POINT OF ORDER.
‘‘(a) IN GENERAL.—It shall not be in order in the
House of Representatives or the Senate to consider—
‘‘(1) any bill or joint resolution that is reported
by a committee unless the committee has published
the statement of the Director pursuant to section
424(a) prior to such consideration, except that this
paragraph shall not apply to any supplemental state-
ment prepared by the Director under section
424(a)(4); or
‘‘(2) any bill, joint resolution, amendment, mo-
tion, or conference report that contains a Federal
intergovernmental mandate having direct costs that
exceed 
the 
threshold 
specified 
in 
section
424(a)(1)(A), or that would cause the direct costs of
any other Federal intergovernmental mandate to ex-
ceed the threshold specified in section 424(a)(1)(A),
unless—
‘‘(A) the bill, joint resolution, amendment,
motion, or conference report provides new budg-
et authority or new entitlement authority in the
House of Representatives or direct spending au-
thority in the Senate for each fiscal year for the
Federal intergovernmental mandates included
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
‘‘(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, øthe 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.¿ the question of whether a
bill, joint resolution, amendment, motion, or
conference report contains a Federal inter-
governmental mandate shall be determined
after consideration of the recommendation, if
available, of the Chairman of the Committee
on Government Reform and Oversight of the
House of Representatives or the Chairman of
the Committee on Governmental Affairs of the
Senate, as applicable.
‘‘(e) LIMITATION
ON APPLICATION
OF SUB-
SECTION
(a)(2).—Subsection (a)(2) shall not
apply to any bill, joint resolution, amendment,
or conference report that reauthorizes appro-
priations for carrying out, or that amends,
any statute if enactment of the bill, joint reso-
lution, amendment, or conference report—
‘‘(1) would not result in a net increase
in the aggregate amount of direct costs of
Federal 
intergovernmental 
mandates;
and
‘‘(2)(A) would not result in a net re-
duction or elimination of authorizations
of appropriations for Federal financial
assistance that would be provided to
States, local governments, or tribal gov-
ernments for use to comply with any Fed-
eral intergovernmental mandate; or
‘‘(B) in the case of any net reduction
or elimination of authorizations of appro-
priations for such Federal financial as-
sistance that would result from such en-
actment, would reduce the duties im-
posed by the Federal intergovernmental
mandate by a corresponding amount.
‘‘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) øto a bill or joint resolution reported
by a committee of authorization.’’.¿ : Provided, how-
ever, That pending a point of order under sec-
tion 425(a) or under this section a Member
may move to waive the point of order. Such
a motion shall be debatable for 10 minutes
equally divided and controlled by the pro-
ponent and an opponent but, if offered in the
House, shall otherwise be decided without in-
tervening motion except a motion that the
House adjourn. The adoption of a motion to
waive such a point of order against consider-
ation of a bill or joint resolution shall be con-
sidered also to waive a like point of order
against an amendment made in order as origi-
nal text.’’.
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.
Æ
HR 5 RH——2
HR 5 RH——3
HR 5 RH——4