[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 993 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 993

To end the practice of imposing unfunded Federal mandates on States and 
 local governments and to ensure that the Federal Government pays the 
     costs incurred by those governments in complying with certain 
          requirements under Federal statutes and regulations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 20 (legislative day, April 19), 1993

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

_______________________________________________________________________

                                 A BILL


 
To end the practice of imposing unfunded Federal mandates on States and 
 local governments and to ensure that the Federal Government pays the 
     costs incurred by those governments in complying with certain 
          requirements under Federal statutes and regulations.

    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 ``Community Regulatory Relief Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds and declares that--
            (1) unfunded Federal mandates imposed on State and local 
        governments have become increasingly extensive in recent years;
            (2) such mandates have, in many instances, added to the 
        growing deficits in State and local government budgets and have 
        resulted in the need for State and local governments to 
        increase revenue or curtail sometimes essential services; and
            (3) such excessive fiscal burdens on State and local 
        governments have undermined, in many instances, the ability of 
        State and local governments to achieve their responsibilities 
        under State and local law.
    (b) Purpose.--The purpose of this Act is to require that the 
Federal Government pays the total amount of direct costs incurred by 
State and local governments in complying with certain Federal mandates 
which take effect on or after the date of the enactment of this Act 
under a Federal statute or regulation.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``direct costs'' means the amount of costs 
        incurred by a State or local government dedicated to compliance 
        with a Federal statute or regulation or 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'' shall mean the Director of the 
        Congressional Budget Office or his or her designee;
            (3) the term ``Federal mandates'' means a statute or 
        regulation that requires a State or local government to--
                    (A) take certain actions (including a requirement 
                that a government meet national standards in providing 
                a service); or
                    (B) 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;
            (4) the term ``local government'' has the same meaning as 
        in section 6501(6) of title 31, United States Code; and
            (5) the term ``State'' has the same meaning as in section 
        6501(8) of title 31, United States Code.

SEC. 4. FEDERAL FUNDING REQUIREMENT.

    (a) In General.--Notwithstanding any other provision of law, any 
requirement under a Federal statute or regulation that creates a 
Federal mandate shall apply to the State or local government only if 
all funds necessary to pay the direct costs incurred by the State or 
local government in conducting the activity are provided by the Federal 
Government for the fiscal year in which the direct cost is incurred.
    (b) Application.--This section shall apply only to requirements 
which take effect on or after the date of the enactment of this Act.

SEC. 5. DUTIES OF THE DIRECTOR.

    (a) Fiscal Note.--The Director shall prepare, to accompany each 
bill, resolution or conference report reported by any committee of the 
House of Representatives or the Senate or considered on the floor of 
either House, an economic analysis of the effects of such bill or 
resolution by each State government and by each local government within 
each State in complying with the Federal mandate. The analysis prepared 
by the Director shall be included in the report accompanying such bill 
or resolution if timely submitted to such committee before such report 
is filed.
    (b) Report of the Director.--For each fiscal year in which a 
Federal mandate 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 direct 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 Federal mandate.

SEC. 6. 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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