I
103D CONGRESS
1ST SESSION
H. R. 3504
To provide Federal payments for Federal mandates imposed upon State
and local governments.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 10, 1993
Mr. TORKILDSEN (for himself, Mr. STUMP, Mr. CONDIT, Mr. HEFLEY, Mr.
CASTLE, Mr. EWING, Mr. SHAYS, Mr. BAKER of Louisiana, Mr. LIVING-
STON, Mr. ZELIFF, Mrs. FOWLER, Mr. MCKEON, Mr. KIM, and Mr.
BLUTE) introduced the following bill; which was referred jointly to the
Committees on Government Operations and Rules
A BILL
To provide Federal payments for Federal mandates imposed
upon State and local governments.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Mandates Re-
lief Act of 1993’’.
SEC. 2. DEFINITIONS.
For the purposes of this Act—
(1) FEDERAL
AGENCY.—The term ‘‘Federal
agency’’ has the meaning given the term ‘‘executive
agency’’ in section 6501(3) of title 31, United States
Code.
(2) FEDERAL MANDATE.—The term ‘‘Federal
mandate’’ means a Federal requirement covered by
this Act.
(3) LOCAL
GOVERNMENT.—The term ‘‘local
government’’ means—
(A) a county, city, town, village, or other
general purpose political subdivision of a State;
(B) a school district; and
(C) a unit of local government established
under State law for a particular public purpose.
(4) MANDATE SCHEDULE.—The term ‘‘mandate
schedule’’ means a schedule prepared by a Federal
agency of the costs of complying with each Federal
mandate administered by the agency as required by
section 5.
SEC. 3. SUFFICIENT FEDERAL FUNDING REQUIREMENT.
Notwithstanding any other provision of law, no State
or local government shall be obligated to take any action
required by Federal law, unless all expenses associated
with such obligation are fully funded by the Federal Gov-
ernment pursuant to the provisions of this Act.
SEC. 4. PAY-OR-EXCUSE MECHANISM.
A State or local government shall be excused from
complying with a Federal mandate, unless—
(1) it receives an appropriation of Federal
funds to pay for the costs of complying with the
Federal mandate—
(A) in the amount specified in the perti-
nent mandate schedule described in section 5;
and
(B) in the amount of any additional costs
specified in section 6; and
(2) the pertinent mandate schedule (including
the annual update) has been published as required
by this Act.
SEC. 5. MANDATE SCHEDULES.
(a) AGENCY SCHEDULES.—
(1) IN GENERAL.—Each Federal agency that
has authority to administer a Federal mandate shall
publish a schedule that lists the costs of complying
with each such mandate.
(2) CONTENT.—Each schedule shall include—
(A) the annual cost of complying with each
Federal mandate for which payments would be
made within one fiscal year; and
(B) the total cost of complying with each
Federal mandate that necessitates a State or
local government to undertake a capital expend-
iture for which payments would be made over
more than 1 fiscal year.
(3) PUBLICATION.—Schedules shall be pub-
lished through notice and comment rulemaking, and
shall be updated annually. For each fiscal year,
schedules shall be published by March 1 of the cal-
endar year in which the fiscal year begins.
(b) STATUTORY MANDATE.—
(1) IN GENERAL.—It shall not be in order in
the House of Representatives or the Senate to con-
sider any bill, joint resolution, conference report, or
amendment that establishes a statutory mandate
schedule.
(2) POINT OF ORDER.—In the Senate, this sub-
section may be waived or suspended only by an af-
firmative vote of three-fifths of the Members of the
Senate, duly chosen and sworn.
SEC. 6. PAYMENTS OF ADDITIONAL COSTS.
(a) IN GENERAL.—If the costs to a State or local
government of complying with a Federal mandate exceed
the amounts appropriated to it according to the applicable
mandate schedule, the State or local government shall be
reimbursed for the amount of such additional costs. Such
additional costs shall be well-documented and not the re-
sult of waste or mismanagement.
(b) PAYMENT.—A payment under this section shall
be made within 30 days of presentation of proof by a State
or local government of additional costs to the pertinent
administering agency.
SEC. 7. REFUND OF EXCESSIVE APPROPRIATIONS.
To the extent any payment received by a State or
local government pursuant to this Act exceeds the actual
cost of complying with a Federal mandate, the State or
local government shall refund the amount of excess to the
United States Treasury.
SEC. 8. CONGRESSIONAL ESTIMATES.
(a) IN GENERAL.—Each bill or joint resolution con-
sidered on the floor of the House of Representatives or
the Senate shall be accompanied by a report that esti-
mates the costs to State and local governments that any
Federal mandate in such bill or joint resolution would im-
pose.
(b) ESTIMATES.—The estimates required by sub-
section (a) shall include—
(1) the costs imposed upon any 1 State or local
government, as may be appropriate, for each par-
ticular Federal mandate in the bill or joint resolu-
tion;
(2) the total amount of costs imposed by each
particular Federal mandate; and
(3) the total amount of such costs imposed by
all Federal mandates within the entire bill or joint
resolution, for the fiscal year in which the bill or
joint resolution would take effect, and for each of
the next 4 fiscal years thereafter.
(c) POINT OF ORDER.—
(1) CONGRESSIONAL
ESTIMATE.—It shall not
be in order in the House of Representatives or the
Senate to consider any bill or joint resolution that
does not comply with the requirements of subsection
(b).
(2) POINT OF ORDER.—In the Senate, this sub-
section may be waived or suspended only by an af-
firmative vote of three-fifths of the Members of the
Senate, duly chosen and sworn.
SEC. 9. APPLICATION OF ACT.
This Act shall apply to Federal mandates imposed by
Federal laws enacted or reauthorized by law after the date
of enactment of this Act.
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