UMRA (Contents)
Unfunded Mandates Reform Act of 1995
Section 107
SEC. 107. ENFORCEMENT IN THE HOUSE OF REPRESENTATIVES.[1]
(a) Motions to Strike in the Committee of the Whole.— Clause 5 of rule XXIII[2] 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 amendment in the Committee of the Whole containing any Federal mandate the direct costs of which exceed the threshold in section 424(a)(1) 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 include in the report required by clause 1(d) of rule XI (relating to its activities during the Congress) of the Rules of the House of Representatives a separate item identifying all waivers of points of order relating to Federal mandates, listed by bill or joint resolution number and the subject matter of that measure.
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COUNSEL NOTES
Endnotes
[1] This section is classified to the U.S. Code at 2 U.S.C. 1514.
[2] Clause 5 of rule XXIII was recodified as clause 11 of Rule XVIII at the beginning of the 106th Congress (House Rules and Manual (111th Congress), sec. 991, pp. 788-789). See below Amendments to House Rules. The clause was repealed by sec. 2(e)(5) of H. Res. 5 (112th Congress) in 2011.
Amendments to House Rules
Subsection (a): Section 2(e)(5) of H. Res. 5 (112th Congress) repealed this clause (as recodified). This clause, before repeal, allowed a motion to strike an unfunded intergovernmental mandate unless a special rule specifically waived it. Even under a structured or closed rule, a Member could offer an amendment to strike an unfunded intergovernmental mandate in a measure unless the Rules Committee included language in its special rule specifically waiving it. Special rules had usually waived the application of this clause, which was rendered unnecessary by its repeal.
When in effect, the clause had been used at least once to allow an amendment to be offered that otherwise would not have been in order. On April 21, 2005, the House was considering H.R. 6, Energy Policy Act of 2005, under a structured rule (H. Res. 219) limiting amendments to those printed in the report to accompany the rule (H. Rept. 109-49). The 30 amendments made in order by the rule did not include any that proposed only to strike an unfunded mandate in the bill, and the rule did not specifically set aside clause 11 of Rule XVIII. During the consideration of H.R. 6, Representative Lois Capps, citing clause 11 of Rule XVIII, offered, and the House considered, an amendment proposing to strike certain matter alleged to constitute an unfunded intergovernmental mandate, even though the structured rule did not make in order such amendment.
See House Rules Changes Affecting the Congressional Budget Process Made at the Beginning of the 112th Congress, Report for Congress R41926 (Congressional Research Service, July 20, 2011), pp. 10–11.
Subsection (b): Clause 1(d) of Rule XI of the Rules of the House of Representatives was amended generally by House Resolution 5 (112th Congress, Jan. 5, 2011).
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The joint statement of managers of the committee of conference on the measure including this description:
Sec. 107. Enforcement in the House of Representatives
The Senate Bill did not include language on enforcement in the House of Representatives.
U.S. Congress, Unfunded Mandates Reform Act of 1995, Report to Accompany S. 1, House Government Reform Committee, H. Rept. 104-76, 104th Congress 1st sess., March 19, 1995, p. 28; (Washington, D.C.: Government Publishing Office, 1995).
References
CRS – Unfunded Mandates Reform Act: History, Impact, and Issues (R40957) October 27, 2016
LEGISLATIVE HISTORY NOTES
Public Laws
Pub. L. 104–4, title I, §107, Mar. 22, 1995, 109 Stat. 63 (Unfunded Mandates Reform Act of 1995).
Codification
This section, (section 107 of UMRA 1995) amended the Rules of the House of Representatives, which are not classified to the U.S. Code.
EFFECTIVE DATE
The effective date for this section is Jan. 1, 1996, or on the date 90 days after appropriations made available, as authorized by section 110 (UMRA 1995), whichever earlier, and applicable to legislation considered on and after that date.
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