PlainBillCongress, translated.Legislation. Context. Public interest.The House took from the Speaker's table and moved to the consideration of S. 1, a similar measure to H.R. 5.
Congressional Research Service
Version 19 · Reported to House amended, Part II · Jan 13, 1995
TABLE OF CONTENTS: Title I: Review of Unfunded Federal Mandates Title II: Regulatory Accountability and Reform Title III: Legislative Accountability and Reform Unfunded Mandate Reform Act of 1995 - Prohibits this Act from applying to any provision in a Federal statute or proposed or final Federal regulation that: (1) enforces constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit discrimination on the basis of race, religion, gender, national origin, or handicapped or disability status; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government; (4) provides for emergency assistance or relief at the request of any State, local, or tribal government; (5) is necessary for national security or ratification or implementation of international treaty obligations; (6) is designated as emergency legislation; or (7) pertains to Social Security. Title I: Review of Unfunded Federal Mandates - Directs the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on State, local, tribal, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) allowing flexibility where the terms of compliance are unnecessarily rigid or complex; (2) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance; (3) terminating those mandates which are duplicative, obsolete, or lacking in practical utility; and (4) temporarily suspending those mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 107) Authorizes appropriations. Title II: Regulatory Accountability and Reform - Requires each Federal agency, to the extent permitted under current law, to: (1) assess the effects of Federal regulations on States, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in legislation), including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities or the private sector, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to develop an effective process to permit elected officials and other representatives of States and local and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates. Requires each agency, before establishing regulatory requirements, to develop plans for: (1) notifying small governments of such requirements; (2) enabling their officials of to provide appropriate input into the regulatory process; and (3) preparing estimates of the effect of Federal private sector mandates on the national economy. (Sec. 202) Requires each agency to prepare a written statement of specified estimates and analyses before promulgating any notice of proposed rulemaking or final rule including Federal mandates that may result in private or public sector expenditures of $100 million or more in any one year. (Sec. 203) Directs the Director of the Office of Management and Budget (OMB) to collect such statements and forward copies to the CBO Director. (Sec. 204) Requires the OMB Director to establish pilot programs in at least two agencies to test innovative and more flexible regulatory approaches that: (1) reduce reporting and compliance burdens on small governments; and (2) meet overall statutory goals and objectives. (Sec. 205) Requires the Advisory Commission on Intergovernmental Relations to report annually to the Congress and the President on Federal court rulings in the preceding calendar year which imposed an enforceable duty on one or more State, local, or tribal governments. Title III: Legislative Accountability and Reform - Amends the Congressional Budget Act of 1974 to add provisions on Federal mandates, with applicability limited in the same manner as indicated before title I. (Sec. 301) Provides that when a congressional authorization committee orders a public bill or joint resolution reported, the committee shall promptly provide the text of the legislation to the CBO Director, identifying any Federal mandate in it. Requires when such a committee reports legislation including any Federal mandate, that the accompanying report contain certain information, including statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost-benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit to such committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $100 million per fiscal year direct cost of private sector mandates. Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering proposed legislation establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on the State, local, or tribal government involved, or to have a significant financial impact on the private sector, to include that information in its views and estimates on that proposal to the applicable budget committee. Authorizes appropriations to carry out such new requirements under the Congressional Budget Act of 1974. Makes it out of order for the House of Representatives or the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Gives the Committee on Government Reform and Oversight of the House and the Committee on Governmental Affairs of the Senate final authority to determine whether a piece of legislation contains a Federal mandate. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 302) Amends House rules with regard to the Committee of the Whole and Committee on Rules: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points or order relating to Federal mandates. (Sec. 305) Repeals the State and Local Government Cost Estimate Act of 1981.
People & committees
Rep. Clinger, William F., Jr. [R-PA-5] · R–PA
Rep. Portman, Rob [R-OH-2] · R–OH
Rep. Condit, Gary A. [D-CA-18] · D–CA
Rep. Davis, Tom [R-VA-11] · R–VA
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
The House took from the Speaker's table and moved to the consideration of S. 1, a similar measure to H.R. 5.
On passage Passed by recorded vote: 360 - 74 (Roll no. 83).
House roll call 83 · Individual votesPassed/agreed to in House: On passage Passed by recorded vote: 360 - 74 (Roll no. 83).
House roll call 83 · Individual votesOn motion to recommit Failed by voice vote. (consideration: CR H1006)
Mrs. Collins (IL) moved to recommit to Government Reform.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H980-1006)
Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business.
On motion that the Committee rise Agreed to by voice vote.
Mr. Clinger moved that the Committee rise.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H906-954)
Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business.
On motion that the Committee rise Agreed to by voice vote.
Mr. Clinger moved that the Committee rise.
DEBATE - The Committee of the Whole proceeded with 10 minutes of debate on the Pelosi amendment.
DEBATE - The Committee of the Whole proceeded with 10 minutes of debate on the Martinez amendments en bloc.
DEBATE - The Committee of the Whole proceeded with 10 minutes of debate on the Kanjorski amendments en bloc.
DEBATE - The Committee of the Whole proceeded with 10 minutes of debate on the Becerra amendments en bloc.
DEBATE - Pursuant to the provisions of the motion previously agreed to, the Committee of the Whole proceeded with 10 minutes of debate on the Borski amendments en bloc.
On motion that the Committee rise Failed by recorded vote: 159 - 266 (Roll no. 59).
House roll call 59 · Individual votesMr. Volkmer moved that the Committee rise.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H881-882)
Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business.
On motion that the Committee rise Agreed to by recorded vote: 237 - 181 (Roll no. 58).
House roll call 58 · Individual votesMr. Clinger moved that the Committee rise.
On motion to limit debate Agreed to by recorded vote: 233 - 181 (Roll no. 57).
House roll call 57 · Individual votes(The Clinger motion pertains only to section 4 amendments and would allow for a total of 10 minutes of debate on each amendment to that section.)
Mr. Clinger moved to limit debate.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H851-881)
Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business.
On motion that the Committee rise Agreed to by voice vote.
Mr. Clinger moved that the Committee rise.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H810-833)
Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H557-582)
Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H498-528)
Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H416-449)
Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business.
GENERAL DEBATE - Pursuant to the provisions of H. Res. 38, the Committee of the Whole proceeded with not to exceed two hours of general debate.
The Speaker designated the Honorable Bill Emerson to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 38 and Rule XXIII.
Rule provides for consideration of H.R. 5 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. In lieu of the amendments recommended by the Committee on Government Reform and Oversight and the Committee on Rules, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute printed in the report of the Committee on Rules accompanying this resolution. Measure will be read by title. Bill is open to amendments.
Considered under the provisions of rule H. Res. 38. (consideration: CR H345-370)
Rule H. Res. 38 passed House.
Rules Committee Resolution H. Res. 38 Reported to House. Rule provides for consideration of H.R. 5 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. In lieu of the amendments recommended by the Committee on Government Reform and Oversight and the Committee on Rules, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute printed in the report of the Committee on Rules accompanying this resolution. Measure will be read by title. Bill is open to amendments.
Reported (Amended) by the Committee on Government Reform. H. Rept. 104-1, Part II.
Reported (Amended) by the Committee on Government Reform. H. Rept. 104-1, Part II.
Reported (Amended) by the Committee on Rules. H. Rept. 104-1, Part I.
Reported (Amended) by the Committee on Rules. H. Rept. 104-1, Part I.
Mr. Clinger asked unanimous consent that the Committee on Government Reform have until midnight on Jan. 13 to file a report on H.R. 5. Agreed to without objection.
Ordered to be Reported (Amended) by the Yeas and Nays: 9 - 4.
Committee Consideration and Mark-up Session Held.
Committee Hearings Held.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Sponsor introductory remarks on measure. (CR E49)
Referred to the Committee on Government Reform and Oversight, and in addition to the Committees on Rules, the Budget, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform and Oversight, and in addition to the Committees on Rules, the Budget, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform and Oversight, and in addition to the Committees on Rules, the Budget, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform and Oversight, and in addition to the Committees on Rules, the Budget, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform and Oversight, and in addition to the Committees on Rules, the Budget, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced in House
Introduced in House
Primary sources
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AI Conversation Starters
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Analyze H.R.5 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
Examine H.R.5 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.
Examine H.R.5 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.
Examine H.R.5 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.