[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 158 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
S. RES. 158

 To amend the Standing Rules of the Senate to require a supermajority 
for Senate approval of bills or amendments 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 or Rules and Administration

_______________________________________________________________________

                               RESOLUTION


 
 To amend the Standing Rules of the Senate to require a supermajority 
for Senate approval of bills or amendments 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 
        interests, 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. It shall not be in order in the Senate to consider any bill, 
joint resolution, conference report, amendment, or motion that contains 
one or more unfunded Federal mandates, unless the provisions containing 
unfunded Federal mandates are considered individually or en bloc, at 
the discretion of the Majority Leader or his designee. Such provisions 
shall require a two-thirds vote of approval by Senators duly chosen and 
sworn to remain part of the bill. A point of order made against a 
measure pursuant to this paragraph may be waived only by a two-thirds 
vote of the Senate, duly chosen and sworn.
    ``2. 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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