[Congressional Record Volume 140, Number 146 (Saturday, October 8, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                       UNFUNDED FEDERAL MANDATES

  Mr. SIMPSON. Mr. President, I first want to thank Senator Dirk 
Kempthorne for his steadfast commitment to the issue of unfunded 
Federal mandates. His diligence on this has been most remarkable. I 
also want to thank the majority leader for allowing the Senate to move 
ahead with this most important piece of legislation.
  Mr. President, the men and women who have devoted themselves to 
public service at the State and local level face a unique set of 
circumstances and responsibilities that some of us at the Federal level 
do not appear to understand.
  As a former member of the Wyoming State Legislature, I have an 
intense appreciation for the work our fine State and local officials 
do. They are right there ``on the front lines'' dealing directly with 
their constituencies. That gives them a special insight which all of us 
in Washington should appreciate.
  The issue of unfunded Federal mandates is not about pitting one 
ideology against another--rather, it is simply about the proper role of 
the Federal Government in our federalist system. Unfunded Federal 
mandates are costly requirements which Washington imposes on cities and 
States without paying for them.
  This is the single most important issue facing our Nation's Governors 
and mayors. Unfunded Federal mandates are costing State and local 
governments hundreds of millions of dollars each year. That, in turn, 
diverts previous resources from more pressing local priorities--
priorities that can only be determined at the local level because of 
the close proximity to constituents.
  The issue is fundamental to the Federal relationship with the State 
and local governments. There was once a time when Federal, State, and 
local governments were partners in administering public policy. Each 
respected the other's sovereignty. Our system of federalism worked 
better than it does today. It was the model for the world to follow. In 
recent years, however, the Federal Government has become arrogant and 
paternalistic. Instead of viewing States and localities as partners, 
today they are mere units which officials in Washington can rely on to 
administer--and pay for--an ever expanding agenda.
  Many Members of the U.S. Congress actually believe they know better 
how to spend local government money than the local governments can. The 
National Association of State Legislatures has shown us that Congress 
has passed 172 unfunded Federal mandates on State and local governments 
at an estimated cost of approximately $500 billion since 1964--12 
percent of all city revenue is paid to support Federal programs! 
Similar percentages apply to counties and to the States.

  As deficits skyrocketed over the past decade, Congress built into the 
Federal budget system spending constraints. Funds began to decrease, 
but unfortunately, the spending activities of Congress did not. 
Therefore, instead of controlling federal spending, Congress continued 
on with its spending addiction and simply found new financing outlets--
outlets like unfunded Federal mandates. What a great deal: We at the 
Federal level decided that the new way to balance the budget was to 
simply leave the States stuck with the tab. While many at the Federal 
level were quite joyous about the new arrangement, the States and 
localities were not amused.
  Today, State and local government officials are fed up to their ears 
with the Federal Government telling them what to do. They say that 
Federal mandates are inefficient, costly, and force communities to make 
senseless budget decisions.
  It is important to acknowledge the fact that several bills have been 
introduced on this subject by Senators from both sides of the aisle: 
Senator Kempthorne--a former mayor of Boise, ID; Senator Judd Gregg--a 
former Governor of New Hampshire; Senator Carol Moseley-Braun--a former 
Senator in the Illinois State Legislature. Our fine colleague, Senator 
Hank Brown, has even introduced an amendment to the U.S. Constitution 
prohibiting unfunded mandates.
  These Senators know the impact of unfunded Federal Mandates on State 
and local governments. The remedial legislation is straightforward. It 
says: ``No funding?--No mandate!'' In other words, if the U.S. Congress 
doesn't pay for what it wants done, States and localities can't be 
forced to pay either.
  The Kempthorne legislation is supported by a substantial majority of 
Members of the U.S. Senate. And finally, after nearly 2 years in the 
Senate after introduction of this bill, we may have a chance to enact 
this legislation before Congress adjourns. As it should be.
  Mr. President, this is not a Republican or Democrat issue, this is an 
issue about making the Federal Government stick to its end of the 
bargain in our federalist system. The ``real world'' at State and local 
levels is about balancing budgets, providing services as efficiently as 
possible, being fiscally responsible, and making tough decisions among 
competing priorities. It is high time the Federal Government started 
living in the ``real world'' too.

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