[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 648 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 648
To provide Federal payments for Federal mandates imposed upon State and
local governments.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 24 (legislative day, March 3), 1993
Mr. Gregg (for himself, Mr. Kempthorne, Mr. Coats, Mr. Lott, Mr.
Bennett, Mr. Bond, Mr. Helms, Mr. Nickles, Mr. Craig, Mr. Coverdell,
Mr. Faircloth, Mr. Wallop, Mr. Brown, Mr. Mack, and Mr. Smith)
introduced the following bill; which was read twice and referred to the
Committee on Governmental Affairs
_______________________________________________________________________
A BILL
To provide Federal payments for Federal mandates imposed upon State and
local governments.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Mandates Relief Act of
1993''.
SEC. 2. DEFINITIONS.
For the purposes of this Act--
(1) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``executive agency'' in section 6501(3)
of title 5, United States Code.
(2) Federal mandate.--The term ``Federal mandate'' means a
Federal requirement covered by this Act.
(3) Local government.--The term ``local government''
means--
(A) a county, city, town, village, or other general
purpose political subdivision of a State;
(B) a school district; and
(C) a unit of local government established under
State law for a particular public purpose.
(4) Mandate schedule.--The term ``mandate schedule'' means
a schedule prepared by a Federal agency of the costs of
complying with each Federal mandate administered by the agency
as required by section 5.
SEC. 3. SUFFICIENT FEDERAL FUNDING REQUIREMENT.
Notwithstanding any other provision of law, no State or local
government shall be obligated to take any action required by Federal
law, unless all expenses associated with such obligation are fully
funded by the Federal Government pursuant to the provisions of this
Act.
SEC. 4. PAY-OR-EXCUSE MECHANISM.
A State or local government shall be excused from complying with a
Federal mandate, unless--
(1) it receives an appropriation of Federal funds to pay
for the costs of complying with the Federal mandate--
(A) in the amount specified in the pertinent
mandate schedule described in section 5; and
(B) in the amount of any additional costs specified
in section 6; and
(2) the pertinent mandate schedule (including the annual
update) has been published as required by this Act.
SEC. 5. MANDATE SCHEDULES.
(a) Agency Schedules.--
(1) In general.--Each Federal agency that has authority to
administer a Federal mandate shall publish a schedule that
lists the costs of complying with each such mandate.
(2) Content.--Each schedule shall include--
(A) the annual cost of complying with each Federal
mandate for which payments would be made within one
fiscal year; and
(B) the total cost of complying with each Federal
mandate that necessitates a State or local government
to undertake a capital expenditure for which payments
would be made over more than 1 fiscal year.
(3) Publication.--Schedules shall be published through
notice and comment rulemaking, and shall be updated annually.
For each fiscal year, schedules shall be published by March 1
of the calendar year in which the fiscal year begins.
(b) Statutory Mandate.--
(1) In general.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint
resolution, conference report, or amendment that establishes a
statutory mandate schedule.
(2) Point of order.--In the Senate, this subsection may be
waived or suspended only by an affirmative vote of three-fifths
of the Members of the Senate, duly chosen and sworn.
SEC. 6. PAYMENTS OF ADDITIONAL COSTS.
(a) In General.--If the costs to a State or local government of
complying with a Federal mandate exceed the amounts appropriated to it
according to the applicable mandate schedule, the State or local
government shall be reimbursed for the amount of such additional costs.
Such additional costs shall be well-documented and not the result of
waste or mismanagement.
(b) Payment.--A payment under this section shall be made within 30
days of presentation of proof by a State or local government of
additional costs to the pertinent administering agency.
SEC. 7. REFUND OF EXCESSIVE APPROPRIATIONS.
To the extent any payment received by a State or local government
pursuant to this Act exceeds the actual cost of complying with a
Federal mandate, the State or local government shall refund the amount
of excess to the United States Treasury.
SEC. 8. CONGRESSIONAL ESTIMATES.
(a) In General.--Each bill or joint resolution considered on the
floor of the House of Representatives or the Senate shall be
accompanied by a report that estimates the costs to State and local
governments that any Federal mandate in such bill or joint resolution
would impose.
(b) Estimates.--The estimates required by subsection (a) shall
include--
(1) the costs imposed upon any 1 State or local government,
as may be appropriate, for each particular Federal mandate in
the bill or joint resolution;
(2) the total amount of costs imposed by each particular
Federal mandate; and
(3) the total amount of such costs imposed by all Federal
mandates within the entire bill or joint resolution, for the
fiscal year in which the bill or joint resolution would take
effect, and for each of the next 4 fiscal years thereafter.
(c) Point of Order.--
(1) Congressional estimate.--It shall not be in order in
the House of Representatives or the Senate to consider any bill
or joint resolution that does not comply with the requirements
of subsection (b).
(2) Point of order.--In the Senate, this subsection may be
waived or suspended only by an affirmative vote of three-fifths
of the Members of the Senate, duly chosen and sworn.
SEC. 9. APPLICATION OF ACT.
This Act shall apply to Federal mandates imposed by Federal laws
enacted or reauthorized by law after the date of enactment of this Act.
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