[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 157 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
S. RES. 157

 To amend the Standing Rules of the Senate to require a supermajority 
 for committee approval of bills containing unfunded Federal mandates.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 27 (legislative day, October 13), 1993

Mr. Gregg (for himself, Mr. Bennett, Mr. Coverdell, Mr. Faircloth, Mrs. 
  Hutchison, and Mr. Kempthorne) submitted the following resolution; 
    which was referred to the Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION


 
 To amend the Standing Rules of the Senate to require a supermajority 
 for committee approval of bills containing unfunded Federal mandates.

Whereas, under our constitutional scheme of government, the Senate was intended, 
        and historically served, as a protector of State interests from Federal 
        encroachment;
Whereas, although unfunded Federal mandates result from Federal policy 
        decisions, their costs are borne by State and local governments;
Whereas congressional imposition of unfunded Federal mandates has accelerated 
        over the past decade;
Whereas, although each new unfunded Federal mandate may not have seemed to 
        significantly burden State and local governments, their cumulative costs 
        are having unintended consequences;
Whereas the costs of unfunded Federal mandates are consuming State and local 
        budgets, to the extent that traditional State and local tax bases are 
        being effectively Federalized, and the States' ability to carry out 
        their traditional functions and services is being seriously undermined;
Whereas the results of Congress' continual imposition of unfunded Federal 
        mandates has reached crisis proportions in many States; and
Whereas the Senate, to better serve its historical role as a protector of State 
        interest, must amend its rules to respond to the crises confronting 
        State and local governance caused by unfunded Federal mandates: Now, 
        therefore, be it
    Resolved, That (a) the Standing Rules of the Senate are amended by 
adding at the end thereof the following:

                              ``RULE XLIII

                      ``unfunded federal mandates

    ``1. Any bill or resolution referred to a committee shall--
            ``(a) if it contains one or more unfunded Federal mandates, 
        require an affirmative vote of two-thirds of the members of the 
        committee to be reported out of committee; and
            ``(b) if so reported, be accompanied by an explanation of 
        why the unfunded Federal mandate is important enough to be 
        imposed upon State and local budgets without attendant Federal 
        funding.
    ``2. It shall not be in order for the Senate to consider any bill 
that has not satisfied the requirements of paragraph 1. A vote of two-
thirds of the Senate duly chosen and sworn, is required to waive a 
point of order made pursuant to this paragraph.
    ``3. For purposes of this rule, a bill shall be considered to 
contain an unfunded Federal mandate if the bill--
            ``(a) contains one or more requirements to be imposed upon 
        State or local governments, the compliance for which full 
        Federal funding is not provided;
            ``(b) provides authority, or amends a statute that provides 
        authority, to government departments or agencies to promulgate 
        regulations, unless it also contains a mechanism through which 
        State and local governments receive full Federal funding for 
        compliance with requirements imposed upon State or local 
        governments by such regulations;
            ``(c) eliminates (unless an associated Federal requirement 
        is also eliminated), decreases, or imposes new conditions upon, 
        the receipt by State or local governments of existing sources 
        of Federal funding; or
            ``(d) imposes a Federal fee, or increases an existing 
        Federal fee, upon State or local governments.''.
    (b) The rule added by this resolution shall take effect upon the 
convening of the 104th Congress.

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