III

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
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•SRES 157 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 interest, 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. Any bill or resolution referred to a committee

6 shall—

7 ‘‘(a) if it contains one or more unfunded Fed8 eral mandates, require an affirmative vote of two9 thirds of the members of the committee to be re10 ported out of committee; and

11 ‘‘(b) if so reported, be accompanied by an ex12 planation of why the unfunded Federal mandate is
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1 important enough to be imposed upon State and

2 local budgets without attendant Federal funding.

3 ‘‘2. It shall not be in order for the Senate to consider

4 any bill that has not satisfied the requirements of para5 graph 1. A vote of two-thirds of the Senate duly chosen

6 and sworn, is required to waive a point of order made pur7 suant to this paragraph.

8 ‘‘3. For purposes of this rule, a bill shall be consid9 ered to contain an unfunded Federal mandate if the bill—

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

11 imposed upon State or local governments, the com12 pliance for which full Federal funding is not pro13 vided;

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

15 that provides authority, to government departments

16 or agencies to promulgate regulations, unless it also

17 contains a mechanism through which State and local

18 governments receive full Federal funding for compli19 ance with requirements imposed upon State or local

20 governments by such regulations;

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

22 requirement is also eliminated), decreases, or im23 poses new conditions upon, the receipt by State or

24 local governments of existing sources of Federal

25 funding; or
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1 ‘‘(d) imposes a Federal fee, or increases an ex2 isting Federal fee, upon State or local govern3 ments.’’.

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

5 upon the convening of the 104th Congress.

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