[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 410 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 410

 To reduce the growing costs imposed on State and local governments by 
                       unfunded Federal mandates.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

Mr. Stump introduced the following bill; which was referred jointly to 
   the Committees on Government Operations, the Judiciary, and Rules

_______________________________________________________________________

                                 A BILL


 
 To reduce the growing costs imposed on State and local governments by 
                       unfunded Federal mandates.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the ``Intergovernmental Mandate Relief Act of 1993''.

                          findings and purpose

    Sec. 2. (a) The Congress finds and declares that--
            (1) Federal regulation of State and local governments has 
        become increasingly extensive and intrusive in recent years;
            (2) such regulation has, in many instances, adversely 
        affected the ability of State and local governments to achieve 
        their independent responsibilities; and
            (3) such excessive fiscal burdens also undermine the 
        attainment of the goals of Federal regulations.
    (b) Therefore, it is the purpose of this Act to establish 
procedures to assure that the Federal Government pays the total amount 
of additional direct costs incurred by State and local governments in 
complying with any intergovernmental regulation which takes effect on 
or after the date of enactment of this Act.

                              definitions

    Sec. 3. For purposes of this Act, the term--
            (1) ``additional direct costs'' means the amount of costs 
        incurred by a State or local government solely in complying 
        with an intergovernmental regulation promulgated pursuant to a 
        Federal law concerning a particular activity which is in excess 
        of the amount that such State or local government would be 
        required to expend in carrying out such activity in the absence 
        of such law, except that such term does not include any amount 
        which a State or local government is required by law to 
        contribute as a non-Federal share under a Federal assistance 
        program;
            (2) ``Director'' means the Director of the Congressional 
        Budget Office;
            (3) ``Federal agency'' has the meaning given to the term 
        ``executive agency'' in section 6501(3) of title 31, United 
        States Code;
            (4) ``Federal assistance'' means any assistance provided by 
        a Federal agency to State and local governments or other 
        recipients, in the form of grants, loans, loan guarantees, 
        property, cooperative agreements, or technical assistance, 
        except that such term does not include direct cash assistance 
        to individuals, contracts for the procurement of goods or 
        services for the United States, or insurance;
            (5) ``Intergovernmental regulation'' means a regulation 
        promulgated by a Federal agency that requires a State or local 
        government to take certain actions or requires a State or local 
        government to comply with certain specified conditions in order 
        to receive or continue to receive Federal assistance and which 
        requires the termination or reduction of such assistance if 
        such government fails to comply with such conditions;
            (6) ``local government'' has the same meaning as in section 
        6501(6) of title 31, United States Code;
            (7) ``significant law'' means any Federal law which is 
        likely, in the judgment of the Director, to result in total 
        additional direct costs to all State and local governments of 
        $25,000,000 or more in any fiscal year, or is likely to have 
        exceptional fiscal consequences for a geographic region or a 
        particular level of government; and
            (8) ``State'' means each of the several States, the 
        District of Columbia, Guam, the Commonwealth of Puerto Rico, 
        the Commonwealth of the Northern Mariana Islands, the Virgin 
        Islands, American Samoa, and the Trust Territory of the Pacific 
        Islands.

compensation of state and local governments for additional direct costs

    Sec. 4. (a) Except as provided in subsection (b), a Federal agency 
or a court of the United States shall not require State governments or 
local governments to comply, in any fiscal year, with any 
intergovernmental regulation which--
            (1) takes effect on or after the date of enactment of this 
        Act; and
            (2) is promulgated pursuant to a significant law, unless 
        provisions of law have been enacted which provide a sufficient 
        amount of funds for such fiscal year to reimburse such 
        governments for the total amount of additional direct costs 
        that will be incurred by such governments in complying with 
        such regulation during such fiscal year.
    (b)(1) Notwithstanding subsection (a), a Federal agency or a court 
of the United States may require State and local governments to comply 
with an intergovernmental regulation to which subsection (a) applies 
and which will be in effect during a fiscal year if, with respect to 
such intergovernmental regulation and such fiscal year, a joint 
resolution described in paragraph (2) is enacted by a two-thirds vote 
of the Members of each House of Congress, duly chosen and sworn.
    (2) A joint resolution referred to in paragraph (1) is a joint 
resolution which, with respect to an intergovernmental regulation that 
will be in effect during a fiscal year, waives the provisions of 
subsection (a) that require that provisions of law be enacted to 
provide a sufficient amount of funds for such fiscal year to reimburse 
State and local governments for the total amount of additional direct 
costs that will be incurred by such governments in complying with such 
regulation during such fiscal year.
    (c) For purposes of this section, the total amount of additional 
direct costs that will be incurred by State governments and local 
governments in complying with an intergovernmental regulation in any 
fiscal year shall be the total amount of such costs for such regulation 
estimated by the Director for such fiscal year in the report required 
under section 5 for such fiscal year.

                         report by the director

    Sec. 5. (a) For each fiscal year in which an intergovernmental 
regulation promulgated pursuant to a significant law will be in effect, 
the Director shall prepare and transmit to the President and the 
Congress a report specifying, for each such intergovernmental 
regulation and with respect to such fiscal year and the fiscal year 
succeeding such fiscal year--
            (1) an estimate of the total amount of additional direct 
        costs that will be incurred by all State governments and local 
        governments in complying with such intergovernmental regulation 
        in each such fiscal year; and
            (2) an estimate, for each such intergovernmental 
        regulation, of--
                    (A) the total amount of additional direct costs 
                that have been incurred or will be incurred in each 
                such fiscal year by the government of each State and 
                all local governments in such State in complying with 
                such regulation in each such fiscal year; and
                    (B) the ratio (stated as a percentage) which the 
                total amount of additional direct costs that have been 
                incurred or will be incurred by all local governments 
                in a State in complying with such regulation in each 
                such fiscal year bears to the total amount of 
                additional direct costs that have been incurred or will 
                be incurred by the government of such State and all 
                local governments in such State in complying with such 
                regulation in such fiscal year.
    (b) The Director shall transmit each report required by subsection 
(a) for a fiscal year to the President and the Congress by September 1 
of the fiscal year preceding such fiscal year.

                  certain legislative action required

    Sec. 6. (a) For each fiscal year in which an intergovernmental 
regulation promulgated pursuant to a significant law will be in effect, 
the chairman of the committees of the Senate and of the House of 
Representatives having legislative jurisdiction over such significant 
law shall propose, to an appropriate bill or resolution providing funds 
for such fiscal year, an amendment containing provisions to appropriate 
funds to reimburse State governments and local governments for the 
additional direct costs incurred in complying with such regulation. The 
amount of funds proposed to be appropriated by such amendment shall be 
equal to or in excess of the amount described in section 4(a).
    (b) Subsection (a) does not apply with respect to an 
intergovernmental regulation which will be in effect during a fiscal 
year if, with respect to such intergovernmental regulation and such 
fiscal year, a joint resolution has been enacted in accordance with 
section 4(b).

                       payment of reimbursements

    Sec. 7. (a)(1) The head of each Federal agency which administers an 
intergovernmental regulation promulgated pursuant to a significant law 
shall pay to each State government in each fiscal year the amount 
determined pursuant to this section to reimburse the State government 
and local governments in the State for the additional direct costs 
incurred by such governments in complying with such regulation in such 
fiscal year.
    (2) A State government which receives payments under this section 
for reimbursement for additional direct costs incurred in complying 
with an intergovernmental regulation in any fiscal year shall pay to 
each local government in the State the amount determined pursuant to 
this section to reimburse such local government for the additional 
direct costs incurred by such local government in complying with such 
regulation in such fiscal year.
    (b) The total amount to be paid to a State to reimburse the 
government of the State and local governments in the State for 
additional direct costs incurred by such governments in complying with 
an intergovernmental regulation in any fiscal year shall be an amount 
which bears the same ratio to the total amount for reimbursement of 
additional direct costs for all State governments and local governments 
described in section 4(a) with respect to such regulation for such 
fiscal year as the total amount of additional direct costs with respect 
to such regulation specified under section 5(a)(2)(A) for such State 
government and local governments in such State for such fiscal year in 
the report submitted by the Director under section 5 for such fiscal 
year bears to the total amount of additional direct costs with respect 
to such regulation which are specified under section 5(a)(1) in such 
report for all State governments and all local governments for such 
fiscal year.
    (c)(1) The total amount to be paid by a State government to local 
governments in such State to reimburse such governments for additional 
direct costs incurred by such governments in complying with an 
intergovernmental regulation in any fiscal year shall be equal to the 
product of the amount paid to the State under subsection (b) for such 
fiscal year multiplied by the ratio specified by the Director for such 
State under section 5(a)(2)(B) with respect to such regulation for such 
fiscal year in the report submitted by the Director under section 5 for 
such fiscal year.
    (2)(A) A State government which receives payments under this 
section to reimburse local governments in the State for the additional 
direct costs incurred by such governments in complying with an 
intergovernmental regulation in any fiscal year shall pay to each such 
local government an amount equal to the product of--
            (i) the total amount determined under paragraph (1) with 
        respect to such regulation for such fiscal year, multiplied by
            (ii) the ratio (stated as a percentage and estimated by the 
        State in accordance with subparagraph (B)) that the total 
        amount of additional direct costs incurred by such local 
        government in complying with such regulation in such fiscal 
        year bears to the total amount of additional direct costs 
        incurred by all local governments in such State in complying 
        with such regulation in such fiscal year.
    (B) Each State government which receives payments under this 
section for any fiscal year shall provide by law for the estimation of 
the amount of additional direct costs incurred by each local government 
in such State in complying with an intergovernmental regulation for 
which such payments are received. In providing for the estimation of 
such costs, the State shall establish procedures and methods for the 
estimation of such costs which are reasonably related to the actual 
additional direct costs incurred by such governments in complying with 
such regulation in such fiscal year.
    (d) This section does not apply with respect to an 
intergovernmental regulation which will be in effect during a fiscal 
year if, with respect to such intergovernmental regulation and such 
fiscal year, a joint resolution has been enacted in accordance with 
section 4(b).

                    effect of subsequent enactments

    Sec 8. No law enacted after the date of enactment of this Act shall 
supersede the provisions of this Act unless such law does so in 
specific terms, referring to this Act and declares that such law 
supersedes the provisions of this Act.

                             miscellaneous

    Sec. 9. Section 403(c) of the Congressional Budget Act of 1974 is 
amended by striking out ``$200,000,000'' and inserting in lieu thereof 
``$100,000,000''.

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