[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 56. Unfunded Mandates]
[From the U.S. Government Publishing Office, www.gpo.gov]
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
Research References
Deschler-Brown Ch 31 Sec. 1.57
Manual Sec. Sec. 790, 843, 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.
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 the requisite
annual aggregate impact (adjusted for inflation) on the public sector
(i.e., state and local government) or 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 exceeding the requisite level
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 consideration 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). A special order of
business ``hereby'' concurring in a Senate amendment that precludes
the opportunity to raise a point of order constitutes a waiver of the
application of the point of order. 109-2, Feb. 1, 2006, pp 549, 550.
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,
including amendments thereto.
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 of
business 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. If the
House votes not to consider a motion to recommit under these
procedures, another proper motion to recommit may be offered. 104-2,
Mar. 28, 1996, pp 6932, 6933, 6937, 6938.