[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 56. Unfunded Mandates]
[From the U.S. Government Printing Office, www.gpo.gov]


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                       CHAPTER 56 - UNFUNDED MANDATES

                              HOUSE PRACTICE

  Sec. 1. In General
  Sec. 2. Definition of Mandate
  Sec. 3. Committee Responsibilities
  Sec. 4. Points of Order
  Sec. 5. Disposition of Points of Order
  Sec. 6. Motions to Strike
        Research References
          Deschler-Brown Ch 31 Sec. 1.57
          Manual Sec. Sec. 790, 843, 845, 910, 991, 1081, 1127
          Congressional Budget Act of 1974, Sec. Sec. 421-428 (2 USC 
            Sec. Sec. 658-658g, 1502, 1515)


  Sec. 1 . In General

      Part B was added to title IV of the Congressional Budget and 
  Impoundment Control Act of 1974 by the Unfunded Mandates Reform Act of 
  1995. These provisions were enacted to require an assessment and full 
  consideration of the impact of legislative and regulatory proposals on 
  public and private sectors. H. Rept. 104-1. The Act explicitly 
  declared that Part B was enacted as an exercise of congressional 
  rulemaking powers. Manual Sec. 1127; 2 USC Sec. 1515.


  Sec. 2 . Definition of Mandate

      The Unfunded Mandates Reform Act defines a ``Federal 
  intergovernmental mandate'' as (1) an enforceable duty on State, 
  local, or tribal government, or a reduction in the authorization of 
  appropriations for Federal financial assistance provided to those 
  governments for compliance with such duty, or (2) a provision which 
  compels State and local spending for participation in an entitlement 
  program under which at least $500 million is provided to States and 
  localities annually. Manual Sec. 1127; 2 USC Sec. 1502.
      A ``Federal private sector mandate'' is defined as an enforceable 
  duty on the private sector or a reduction in the authorization of 
  appropriations for Federal financial assistance provided to the 
  private sector for compliance with such a duty. Manual Sec. 1127; 2 
  USC Sec. 1502.

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  Sec. 3 . Committee Responsibilities

      Under the Act, the Congressional Budget Office (CBO) must provide 
  an authorizing committee with a detailed cost estimate for each bill 
  reported by such committee containing mandates that have an annual 
  aggregate impact of $50 million or greater on the public sector (i.e., 
  State and local government) or $100 million on the private sector. A 
  committee must publish this CBO estimate in the committee report or in 
  the Congressional Record before consideration of the legislation on 
  the House floor. 2 USC Sec. 658b.
      A committee report also must include:

     An assessment of the costs and benefits of the mandate.
     A statement of the degree to which the Federal funding of an 
         intergovernmental mandate would disadvantage the private 
         sector.
     A statement of the amount of assistance authorized to pay for 
         the mandate.
     A statement whether the committee intends that the mandate be 
         unfunded.
     A statement whether the legislation intends to preempt State 
         and local law.

  2 USC Sec. 658b.

  Sec. 4 . Points of Order

      It is not in order to consider a bill or joint resolution reported 
  by a committee containing an intergovernmental mandate unless the 
  committee has published a CBO estimate. 2 USC Sec. 658b. There is no 
  point of order against consideration of a measure containing a private 
  sector mandate, even though CBO must provide, and committees must 
  publish, similar cost estimates for private sector mandates as they do 
  for intergovernmental mandates. See Sec. 3, supra.
      A point of order also would lie on the floor against consideration 
  of a bill, joint resolution, amendment, motion, or conference report 
  that imposes intergovernmental mandates over $50 million on State and 
  local governments unless the legislation:

     Funds the mandates through new budget authority or new 
         entitlement authority;
     Includes an authorization for appropriations for the direct 
         costs of the mandate; and
     Provides for an evaluation of and reaction to the direct costs 
         of the mandate by the relevant Federal agency and expedited 
         procedures in the Congress to address such evaluation.

  Manual Sec. 1127; 2 USC Sec. 658d.

      A point of order under the Act may not be raised against an 
  appropriation bill or an amendment thereto, with certain exceptions. 
  Manual Sec. 1127; 2 USC Sec. 658c. The Act not only establishes a 
  point of order against consid

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  eration of a measure containing an unfunded intergovernmental mandate 
  (2 USC Sec. 658d), but it also establishes a point of order against a 
  resolution providing a special order of business that waives a point 
  of order against a measure, or self-executes the adoption of an 
  amendment, containing an unfunded intergovernmental mandate (2 USC 
  Sec. 658e).


  Sec. 5 . Disposition of Points of Order

      A point of order against consideration of a bill is properly 
  raised pending the Speaker's declaration that the House resolve into 
  the Committee of the Whole for such consideration. A point of order 
  against consideration of a resolution providing a special order of 
  business must be made when the special order is called up and comes 
  too late after the resolution has been adopted. Manual Sec. 1127; 2 
  USC Sec. 658e.
      In order to be cognizable by the Chair, each point of order must 
  specify the precise language on which it is premised. A point of order 
  may be raised against more than one provision. Manual Sec. 1127; 2 USC 
  Sec. 658e. In the case of a special order of business, the precise 
  language subject to the point of order is normally the waiver of 
  points of order against consideration of the underlying measure.
      Each point of order raised is separately debatable for 20 minutes, 
  equally divided between the Member initiating the point of order and 
  an opponent. Debate on the point of order against a special order is 
  on the question whether the House should consider the measure. The 
  Members controlling debate on the point of order may reserve time, and 
  a manager of a measure who controls time for debate against the point 
  of order has the right to close debate. Manual Sec. 1127; 2 USC 
  Sec. 658e.
      After debate the Chair puts one question of consideration with 
  respect to the proposition that is the subject of the points of order. 
  The Chair puts the question of consideration without intervening 
  motion except one motion that the House adjourn. Disposition of the 
  question of consideration of a bill or resolution shall be considered 
  also to determine a like point of order against an amendment made in 
  order as original text. Manual Sec. 1127; 2 USC Sec. 658e.


  Sec. 6 . Motions to Strike

      Rule XVIII clause 11 provides for an amendment in the Committee of 
  the Whole proposing only to strike an unfunded mandate from a portion 
  of a bill then open to amendment unless specifically precluded by a 
  special order of the House. Manual Sec. 991; 2 USC Sec. 1514.