I
103D CONGRESS
1ST SESSION
H. R. 3429
To provide relief to State and local governments from Federal regulation.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 3, 1993
Mr. HERGER introduced the following bill; which was referred to the
Committee on Government Operations
A BILL
To provide relief to State and local governments from
Federal regulation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That this Act may be cited as the ‘‘Unfunded Federal
Mandates Relief Act of 1993’’.
FINDINGS AND PURPOSE
SEC. 2. (a) The Congress finds and declares that—
(1) Federal regulation of State and local gov-
ernments has become increasingly extensive and in-
trusive in recent years;
(2) such regulation has, adversely affected
State and local governments by placing excessive fis-
cal burdens on such governments;
(3) such excessive fiscal burdens have weakened
the foundation of the Federal system of government;
and
(4) there is a lack of adequate fiscal resources
to carry out necessary Federal regulation of State
and local governments in order to enable such gov-
ernments to comply with intergovernmental regula-
tions currently in effect.
(b) Therefore, it is the purpose of this Act to estab-
lish procedures to assure that the Federal Government
pays the total amount of additional direct costs incurred
by State and local governments in complying with any
intergovernmental regulation.
DEFINITIONS
SEC. 3. For purposes of this Act, the term—
(1) ‘‘additional direct costs’’ means the amount
of costs incurred by a State or local government
solely in complying with an intergovernmental regu-
lation promulgated pursuant to a Federal law con-
cerning a particular activity which is in excess of the
amount that such State or local government would
be required to expend in carrying out such activity
in the absence of such law, except that such term
does not include any amount which a State or local
government is required by law to contribute as a
non-Federal share under a Federal assistance pro-
gram;
(2) ‘‘Director’’ means the Director of the Office
of Management and Budget;
(3) ‘‘Federal agency’’ has the meaning given to
the term ‘‘executive agency’’ in section 6501(3) of
title 31, United States Code;
(4) ‘‘Federal assistance’’ means any assistance
provided by a Federal agency to State and local gov-
ernments or other recipients, in the form of grants,
loans, loan guarantees, property, cooperative agree-
ments, or technical assistance, except that such term
does not include direct cash assistance to individ-
uals, contracts for the procurement of goods or serv-
ices for the United States, or insurance;
(5) ‘‘intergovernmental regulation’’ means a
regulation promulgated by a Federal agency that re-
quires a State or local government to take certain
actions or requires a State or local government to
comply with certain specified conditions in order to
receive or continue to receive Federal assistance and
which requires the termination or reduction of such
assistance if such government fails to comply with
such conditions;
(6) ‘‘local government’’ has the same meaning
as in section 6501(6) of title 31, United States
Code;
(7) ‘‘significant law’’ means any Federal law
which is likely to result in additional direct costs to
State and local governments; and
(8) ‘‘State’’ means each of the several States,
the District of Columbia, Guam, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, the Virgin Islands, American
Samoa, and the Trust Territory of the Pacific Is-
lands.
TITLE I—REVIEW OF INTERGOVERNMENTAL
REGULATIONS
REPORT REQUIRED
SEC. 101. (a) Not later than thirty days after the
date on which the President transmits a budget for a fiscal
year to the Congress pursuant to section 1105 of title 31,
United States Code, the President shall submit to the
Congress a report specifying and evaluating the economic
costs, noneconomic costs, and additional direct costs which
have been incurred or which will be incurred by State gov-
ernments and local governments in complying with inter-