[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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