‘‘(5) FEDERAL PRIVATE SECTOR MANDATE.—
The term ‘Federal private sector mandate’ means
any provision in legislation, statute, or regulation
that—
‘‘(A) would impose an enforceable duty on
the private sector except—
‘‘(i) a condition of Federal assistance;
or
‘‘(ii) a duty arising from participation
in a voluntary Federal program; or
‘‘(B) would reduce or eliminate the amount
of authorization of appropriations for Federal
financial assistance that will be provided to the
private sector for the purpose of ensuring com-
pliance with such duty.
‘‘(6) FEDERAL MANDATE.—The term ‘Federal
mandate’ means a Federal intergovernmental man-
date or a Federal private sector mandate, as defined
in paragraphs (4) and (5).
‘‘(7) FEDERAL MANDATE DIRECT COSTS.—
‘‘(A) FEDERAL INTERGOVERNMENTAL DI-
RECT COSTS.—In the case of a Federal inter-
governmental mandate, the term ‘direct costs’
means the aggregate estimated amounts that all
States, local governments, and tribal govern-
ments would be required to spend or would be
required to forego in revenues in order to com-
ply with the Federal intergovernmental man-
date, or, in the case of a provision referred to
in paragraph (4)(A)(ii), the amount of Federal
financial assistance eliminated or reduced.
‘‘(B) PRIVATE SECTOR DIRECT COSTS.—In
the case of a Federal private sector mandate,
the term ‘direct costs’ means the aggregate esti-
mated amounts that the private sector would be
required to spend in order to comply with a
Federal private sector mandate.
‘‘(C) EXCLUSION FROM DIRECT COSTS.—
The term ‘direct costs’ does not include—
‘‘(i) estimated amounts that the
States, local governments, and tribal gov-
ernments (in the case of a Federal inter-
governmental mandate), or the private sec-
tor (in the case of a Federal private sector
mandate), would spend—
‘‘(I) to comply with or carry out
all applicable Federal, State, local,
and tribal laws and regulations in ef-
fect at the time of the adoption of a
Federal mandate for the same activity
as is affected by that Federal man-
date; or
‘‘(II) to comply with or carry out
State, local governmental, and tribal
governmental programs, or private-
sector business or other activities in
effect at the time of the adoption of
a Federal mandate for the same activ-
ity as is affected by that mandate; or
‘‘(ii) expenditures to the extent that
they will be offset by any direct savings to
be enjoyed by the States, local govern-
ments, and tribal governments, or by the
private sector, as a result of—
‘‘(I) their compliance with the
Federal mandate; or
‘‘(II) other changes in Federal
law or regulation that are enacted or
adopted in the same bill or joint reso-
lution or proposed or final Federal
regulation and that govern the same
activity as is affected by the Federal
mandate.
‘‘(D) DETERMINATION OF COSTS.—Direct
costs shall be determined based on the assump-
tion that States, local governments, tribal gov-
ernments, and the private sector will take all
reasonable steps necessary to mitigate the costs
resulting from the Federal mandate, and will
comply with applicable standards of practice
and conduct established by recognized profes-
sional or trade associations. Reasonable steps to
mitigate the costs shall not include increases in
State, local, or tribal taxes or fees.
‘‘(8) LOCAL
GOVERNMENT.—The term ‘local
government’ has the same meaning as in section
6501(6) of title 31, United States Code.
‘‘(9) PRIVATE SECTOR.—The term ‘private sec-
tor’ means individuals, partnerships, associations,
corporations, business trusts, or legal representa-
tives, organized groups of individuals, and edu-
cational and other nonprofit institutions.
‘‘(10) REGULATION.—The term ‘regulation’ or
‘rule’ has the meaning of ‘rule’ as defined in section
601(2) of title 5, United States Code.
‘‘(11) STATE.—The term ‘State’ has the same
meaning as in section 6501(9) of title 31, United
States Code.
‘‘SEC. 422. LIMITATION ON APPLICATION.
‘‘This part shall not apply to any provision in a bill,
joint resolution, motion, amendment, or conference report
before Congress that—
‘‘(1) enforces constitutional rights of individ-
uals;
‘‘(2) establishes or enforces any statutory rights
that prohibit discrimination on the basis of race, re-
ligion, 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 Govern-
ment;
‘‘(4) provides for emergency assistance or relief
at the request of any State, local government, or
tribal government or any official of such a govern-
ment;
‘‘(5) is necessary for the national security or
the ratification or implementation of international
treaty obligations; or
‘‘(6) the President designates as emergency leg-
islation and that the Congress so designates in stat-
ute.
‘‘SEC. 423. DUTIES OF CONGRESSIONAL COMMITTEES.
‘‘(a) SUBMISSION OF BILLS TO THE DIRECTOR.—
When a committee of authorization of the House of Rep-
resentatives or the Senate orders a bill or joint resolution
of a public character reported, the committee shall
promptly provide the text of the bill or joint resolution
to the Director and shall identify to the Director any Fed-
eral mandate contained in the bill or resolution.
‘‘(b) COMMITTEE REPORT.—
‘‘(1) INFORMATION REGARDING FEDERAL MAN-
DATES.—When a committee of authorization of the
House of Representatives or the Senate reports a
bill or joint resolution of a public character that in-
cludes any Federal mandate, the report of the com-
mittee accompanying the bill or joint resolution shall
contain the information required by paragraph (2)
and, in the case of a Federal intergovernmental
mandate, paragraph (3).
‘‘(2) REPORTS ON FEDERAL MANDATES.—Each
report referred to in paragraph (1) shall contain—
‘‘(A) an identification and description of
each Federal mandate in the bill or joint resolu-
tion, including the statement, if available, from
the Director pursuant to section 424(a);
‘‘(B) a qualitative assessment, and if prac-
ticable, a quantitative assessment of costs and
benefits anticipated from the Federal mandate
(including the effects on health and safety and
protection of the natural environment); and
‘‘(C) a statement of the degree to which
the Federal mandate affects each of the public
and private sectors and the extent to which
Federal payment of public sector costs would
affect the competitive balance between States,
local governments, or tribal governments and
privately owned businesses.
‘‘(3) INTERGOVERNMENTAL MANDATES.—If any
of the Federal mandates in the bill or joint resolu-
tion are Federal intergovernmental mandates, the
report referred to in paragraph (1) shall also con-
tain—
‘‘(A)(i) a statement of the amount, if any,
of increase or decrease in authorization of ap-
propriations under existing Federal financial
assistance programs or for new Federal finan-
cial assistance, provided by the bill or joint res-
olution and usable for activities of States, local
governments, or tribal governments subject to
Federal intergovernmental mandates; and
‘‘(ii) a statement of whether the committee
intends that the Federal intergovernmental
mandates be partly or entirely unfunded, and,
if so, the reasons for that intention; and
‘‘(B) a statement of any existing sources of
Federal financial assistance in addition to those
identified in subparagraph (A) that may assist
States, local governments, and tribal govern-
ments in paying the direct costs of the Federal
intergovernmental mandates.
‘‘(4) INFORMATION REGARDING PREEMPTION.—
When a committee of authorization of the House of
Representatives or the Senate reports a bill or joint
resolution of a public character, the committee re-
port accompanying the bill or joint resolution shall
contain, if relevant to the bill or joint resolution, an
explicit statement on whether the bill or joint resolu-
tion, in whole or in part, is intended to preempt any
State, local, or tribal law, and if so, an explanation
of the reasons for such intention.
‘‘(c) PUBLICATION OF STATEMENT FROM THE DI-
RECTOR.—
‘‘(1) IN GENERAL.—Upon receiving a statement
(including any supplemental statement) from the Di-
rector pursuant to section 424(a), a committee of
the House of Representatives or the Senate shall
publish the statement in the committee report ac-
companying the bill or joint resolution to which the
statement relates if the statement is available to be
included in the printed report.
‘‘(2) OTHER PUBLICATION OF STATEMENT OF
DIRECTOR.—If the statement is not published in the
report, or if the bill or joint resolution to which the
statement relates is expected to be considered by the
House of Representatives or the Senate before the
report is published, the committee shall cause the
statement, or a summary thereof, to be published in
the Congressional Record in advance of floor consid-
eration of the bill or joint resolution.
‘‘SEC. 424. DUTIES OF THE DIRECTOR.
‘‘(a) STATEMENTS ON BILLS AND JOINT RESOLU-
TIONS OTHER THAN APPROPRIATIONS BILLS AND JOINT
RESOLUTIONS.—
‘‘(1) FEDERAL
INTERGOVERNMENTAL
MAN-
DATES IN REPORTED BILLS AND RESOLUTIONS.—
For each bill or joint resolution of a public character
reported by any committee of authorization of the
House of Representatives or the Senate, the Director
shall prepare and submit to the committee a state-
ment as follows:
‘‘(A) If the Director estimates that the di-
rect cost of all Federal intergovernmental man-
dates in the bill or joint resolution will equal or
exceed $50,000,000 (adjusted annually for in-
flation) in the fiscal year in which such a Fed-
eral intergovernmental mandate (or in any nec-
essary implementing regulation) would first be
effective or in any of the 4 fiscal years following
such year, the Director shall so state, specify
the estimate, and briefly explain the basis of
the estimate.
‘‘(B) The estimate required by subpara-
graph (A) shall include estimates (and brief ex-
planations of the basis of the estimates) of—
‘‘(i) the total amount of direct cost of
complying with the Federal intergovern-
mental mandates in the bill or joint resolu-
tion; and
‘‘(ii) the amount, if any, of increase in
authorization of appropriations or budget
authority or entitlement authority under
existing Federal financial assistance pro-
grams, or of authorization of appropria-
tions for new Federal financial assistance,
provided by the bill or joint resolution and
usable by States, local governments, or
tribal governments for activities subject to
the Federal intergovernmental mandates.
‘‘(2) FEDERAL PRIVATE SECTOR MANDATES IN
REPORTED
BILLS
AND
JOINT
RESOLUTIONS.—For
each bill or joint resolution of a public character re-
ported by any committee of authorization of the
House of Representatives or the Senate, the Director
shall prepare and submit to the committee a state-
ment as follows:
‘‘(A) If the Director estimates that the di-
rect cost of all Federal private sector mandates
in the bill or joint resolution will equal or ex-
ceed $100,000,000 (adjusted annually for infla-
tion) in the fiscal year in which any Federal
private sector mandate in the bill or joint reso-
lution (or in any necessary implementing regu-
lation) would first be effective or in any of the
4 fiscal years following such fiscal year, the Di-
rector shall so state, specify the estimate, and
briefly explain the basis of the estimate.
‘‘(B) The estimate required by subpara-
graph (A) shall include estimates (and brief ex-
planations of the basis of the estimates) of—
‘‘(i) the total amount of direct costs of
complying with the Federal private sector