(F) STATE DEFINED.—The term ‘‘State’’
has the same meaning as in section 6501(9) of
title 31, United States Code.
SEC. 4. EXCLUSIONS.
Anything in this Act to the contrary notwithstanding,
this Act shall not apply to—
(1) any provision in a bill or joint resolution be-
fore Congress and any provision in a proposed or
final Federal regulation that—
(A) enforces Constitutional rights of indi-
viduals;
(B) establishes or enforces any statutory
rights that prohibit discrimination on the basis
of race, religion, gender, national origin, or
handicapped or disability status;
(C) requires compliance with accounting
and auditing procedures with respect to grants
or other money or property provided by the
United States Government;
(D) provides for emergency assistance or
relief at the request of any State, local govern-
ment, or tribal government or any official of
any of them; or
(E) is necessary for the national security
or the ratification or implementation of inter-
national treaty obligations; or
(2) any legislation that the President designates
as emergency legislation and that the Congress so
designates in statute.
TITLE I—LEGISLATIVE
ACCOUNTABILITY AND REFORM
SEC. 101. DUTIES OF CONGRESSIONAL COMMITTEES.
(a) COMMITTEE REPORT.—
(1) REGARDING FEDERAL MANDATES.—When a
committee of authorization of the House of Rep-
resentatives or the Senate reports a bill or joint res-
olution of public character that includes any Federal
mandate, the committee shall issue a report to ac-
company the bill or joint resolution containing—
(A) an analysis, prepared in consultation
with the Director, including an identification
and description of any Federal mandates in the
bill or joint resolution, including the expected
direct costs to States, local governments, and
tribal governments required to comply with the
Federal mandate;
(B)(i) a statement of the amount, if any,
of increase in authorization of appropriations
under existing Federal financial assistance pro-
grams, or of authorization of appropriations for
new Federal financial assistance, provided by
the bill or joint resolution and usable for activi-
ties of States, local governments, or tribal gov-
ernments subject to the Federal mandates; and
(ii) a statement of whether the committee
intends that the Federal mandates be partly or
entirely unfunded, and, if so, the reasons for
that intention;
(C) a qualitative, and if possible, a quan-
titative assessment of costs and benefits antici-
pated from the Federal mandate (such as, but
not limited to, the enhancement of health and
safety and the protection of the natural envi-
ronment);
(D) any existing sources of Federal assist-
ance in addition to those identified in subpara-
graph (B)(i) that may assist States, local gov-
ernments, and tribal governments in meeting
the direct costs of the Federal mandates; and
(E) an identification of one or more of the
following: reductions in authorization of existing
appropriations, a reduction in direct spending,
or an increase in receipts (consistent with the
amount identified in subparagraph (B)(i)).
(2) REGARDING PREEMPTION.—When a com-
mittee of authorization of the House of Representa-
tives or the Senate reports a bill or joint resolution
of public character, the committee report accom-
panying the bill or joint resolution shall contain, if
relevant to the bill or joint resolution, an explicit
statement of whether or not the bill or joint resolu-
tion is intended to preempt any State, local, or tribal
law, and if so, an explanation of the reasons for en-
acting such preemption.
(b) SUBMISSION OF BILLS TO THE DIRECTOR.—
When a committee of authorization of the House of Rep-
resentatives or the Senate reports a bill or joint resolution
of a public character, the committee shall promptly pro-
vide the bill or joint resolution to the Director and shall
identify to the Director any Federal mandates contained
in the bill or resolution.
(c) PUBLICATION OF STATEMENT FROM THE DIREC-
TOR.—Upon receiving a statement (including any supple-
mental statement) from the Director pursuant to section
102(c), a committee of the House of Representatives or
the Senate shall publish the statement in the committee
report accompanying the bill or joint resolution to which
the statement relates if the statement is available soon
enough to be included in the printed report. If the state-
ment 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 Sen-
ate before the report is published, the committee shall
cause the statement, or a summary thereof, to be pub-
lished in the Congressional Record in advance of floor con-
sideration of the bill or joint resolution.
SEC. 102. DUTIES OF THE DIRECTOR.
(a) STUDIES.—
(1) As early as practicable in each new Con-
gress, any committee of the House of Representa-
tives or the Senate which anticipates that the com-
mittee will consider any proposed legislation estab-
lishing, amending, or reauthorizing any Federal pro-
gram likely to have a significant budgetary impact
on States, local governments, or tribal governments,
including any legislative proposal submitted by the
executive branch likely to have such budgetary im-
pact, shall request that the Director initiate a study
of the proposed legislation in order to develop infor-
mation that may be useful in analyzing the costs of
any Federal mandates and of any unfunded Federal
mandates that may be included in the proposed leg-
islation.
(2) In conducting the study under paragraph
(1), the Director shall—
(A) solicit and consider information or
comments from elected officials (including their
designated representatives) of States, local gov-
ernments, tribal governments, and such other
persons as may provide helpful information or
comments,
(B) consider establishing advisory panels
of elected officials (including their designated
representatives) of States, local governments,
tribal governments, and other persons if the Di-
rector determines, in his discretion, that such
advisory panels would be helpful in performing
the Director’s responsibilities under this sec-
tion, and
(C) consult with the relevant committees of
the House of Representatives and of the Sen-
ate.
(b) CONSULTATION.—The Director shall, at the re-
quest of any committee of the House of Representatives
or of the Senate, consult with and assist such committee
in analyzing the budgetary impact of any proposed legisla-