[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1188 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1188

   To provide that Federal regulatory mandates shall not be enforced 
 unless the cost to the States of implementing them are funded by the 
                          Federal Government.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 30, 1993

  Mr. Coverdell (for himself, Mr. Faircloth, Mr. Kempthorne, and Mr. 
Gregg) introduced the following bill; which was read twice and referred 
                to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To provide that Federal regulatory mandates shall not be enforced 
 unless the cost to the States of implementing them are funded by the 
                          Federal Government.

    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 Mandate Relief Act of 
1993''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds 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--
                    (A) adversely affected the ability of State and 
                local governments to achieve their independent 
                responsibilities and meet their established priorities; 
                and
                    (B) forced State and local governments to use 
                existing revenue sources and to generate new property 
                tax revenues to enable them to adhere to Federal 
                mandates; and
            (3) the resulting excessive fiscal burdens on State and 
        local governments also undermine the governments' ability to 
        attain the goals of Federal regulations.
    (b) Purpose.--It is the purpose of this title to establish 
procedures to ensure that the Federal Government pays the total amount 
of additional costs incurred by State and local governments in 
complying with intergovernmental regulations that take effect on or 
after the date of enactment of this Act.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``additional costs'' means the amount of costs 
        incurred by a State or local government solely in complying 
        with an intergovernmental regulation promulgated pursuant to a 
        significant Federal statute concerning a particular activity 
        that is in excess of the amount that the State or local 
        government would incur in carrying out that activity in the 
        absence of the regulation, but does not include any amount that 
        a State or local government is required or permitted by law to 
        contribute as a non-Federal share under a Federal assistance 
        program;
            (2) the term ``Director'' means the Director of the Office 
        of Management and Budget;
            (3) the term ``Federal agency'' means a department, agency, 
        or instrumentality in the executive branch of the United States 
        Government, but does not include a mixed-ownership Government 
        corporation;
            (4) the term ``Federal assistance'' means assistance 
        provided by a Federal agency to a State or local government or 
        other public or private recipient in the form of a grant, loan, 
        loan guarantee, property, cooperative agreement, or technical 
        assistance, but does not include direct cash assistance to a 
        natural person, a contract for the procurement of goods or 
        services for the United States, or insurance;
            (5) the term ``intergovernmental regulation'' means a 
        statute, or a regulation promulgated by a Federal agency 
        pursuant to a significant statute, that--
                    (A) requires a State or local government to--
                            (i) take certain actions; or
                            (ii) comply with certain conditions; and
                    (B) takes effect on or after the date of enactment 
                of this Act;
            (6) 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;
            (7) the term ``State'' means each of the 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.

SEC. 4. COMPENSATION OF STATE AND LOCAL GOVERNMENTS FOR ADDITIONAL 
              COSTS.

    (a) In General.--An intergovernmental regulation may not be 
enforced against a State or local government with respect to a fiscal 
year--
            (1) unless there has been made an appropriation of Federal 
        funds, and such funds have been made available, to all State 
        and local governments for the fiscal year in an amount that is 
        sufficient to reimburse all State or local governments for the 
        total amount of additional costs that will be incurred by those 
        governments in complying with the regulation during the fiscal 
        year; or
            (2) Congress approves by a two-thirds vote of the members 
        of each House of Congress, duly chosen and sworn, a joint 
        resolution that waives subsection (a) with respect to that 
        intergovernmental regulation and that fiscal year.
    (b) Determination of Additional Costs.--For the purposes of 
subsection (a), the total amount of additional costs that will be 
incurred by State governments and local governments in complying with 
an intergovernmental regulation during a fiscal year shall be the total 
amount of such costs for compliance with the regulation estimated by 
the Director for the fiscal year in the report required under section 5 
for the fiscal year.

SEC. 5. REPORT BY THE DIRECTOR.

    For each fiscal year in which an intergovernmental regulation will 
be in effect, the Director, in consultation with representatives of 
State and local governments, shall prepare and submit to the President 
and the Congress, with the President's budget in January preceding the 
beginning of a fiscal year, a report that contains an estimate, for 
that fiscal year and the following fiscal year, of the total amount of 
additional costs that have been incurred or will be incurred by each 
State government and by each local government within each State in 
complying with the intergovernmental regulation.

SEC. 6. PAYMENT OF REIMBURSEMENTS.

    (a) In General.--The head of a Federal agency that administers an 
intergovernmental regulation shall pay to each State and local 
government in each fiscal year the amount determined pursuant to this 
section to reimburse the State and local governments in the State for 
the additional costs incurred by those governments in complying with 
the intergovernmental regulation during the fiscal year.
    (b) Amount Paid by a Federal Agency to a State or Local 
Government.--The amount to be paid to a State or local government under 
subsection (a) for a fiscal year shall be the amount of additional 
costs specified for that State or local government in the report 
submitted pursuant to section 5.
    (c) Inapplicability of Section.--This section does not apply with 
respect to an intergovernmental regulation that will be in effect 
during a fiscal year if, with respect to that intergovernmental 
regulation and that fiscal year, a joint resolution described in 
section 4(a)(2) is in effect.

SEC. 7. EFFECT OF SUBSEQUENT ENACTMENTS.

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

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