III

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
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•SRES 158 IS

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

1 Resolved, That (a) the Standing Rules of the Senate

2 are amended by adding at the end thereof the following:

3 ‘‘RULE XLIII

4 ‘‘UNFUNDED FEDERAL MANDATES

5 ‘‘1. It shall not be in order in the Senate to consider

6 any bill, joint resolution, conference report, amendment,

7 or motion that contains one or more unfunded Federal

8 mandates, unless the provisions containing unfunded Fed9 eral mandates are considered individually or en bloc, at

10 the discretion of the Majority Leader or his designee. Such

11 provisions shall require a two-thirds vote of approval by

12 Senators duly chosen and sworn to remain part of the bill.
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•SRES 158 IS

1 A point of order made against a measure pursuant to this

2 paragraph may be waived only by a two-thirds vote of the

3 Senate, duly chosen and sworn.

4 ‘‘2. For purposes of this rule, a bill shall be consid5 ered to contain an unfunded Federal mandate if the bill—

6 ‘‘(a) contains one or more requirements to be

7 imposed upon State or local governments, the com8 pliance for which full Federal funding is not pro9 vided;

10 ‘‘(b) provides authority, or amends a statute

11 that provides authority, to government departments

12 or agencies to promulgate regulations, unless it also

13 contains a mechanism through which State and local

14 governments receive full Federal funding for compli15 ance with requirements imposed upon State or local

16 governments by such regulations;

17 ‘‘(c) eliminates (unless an associated Federal

18 requirement is also eliminated), decreases, or im19 poses new conditions upon, the receipt by State or

20 local governments of existing sources of Federal

21 funding; or

22 ‘‘(d) imposes a Federal fee, or increases an ex23 isting Federal fee, upon State or local govern24 ments.’’.
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•SRES 158 IS

1 (b) The rule added by this resolution shall take effect

2 upon the convening of the 104th Congress.

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