article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Mandate Relief Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) Federal regulation of State and local governments has become increasingly extensive and intrusive in recent years; (2) such regulation has, in many instances-- (A) adversely affected the ability of State and local governments to achieve their independent responsibilities and meet their established priorities; and (B) forced State and local governments to use existing revenue sources and to generate new property tax revenues to enable them to adhere to Federal mandates; and (3) the resulting excessive fiscal burdens on State and local governments also undermine the governments' ability to attain the goals of Federal regulations. (b) Purpose.--It is the purpose of this title to establish procedures to ensure that the Federal Government pays the total amount of additional costs incurred by State and local governments in complying with intergovernmental regulations that take effect on or after the date of enactment of this Act. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``additional costs'' means the amount of costs incurred by a State or local government solely in complying with an intergovernmental regulation promulgated pursuant to a significant Federal statute concerning a particular activity that is in excess of the amount that the State or local government would incur in carrying out that activity in the absence of the regulation, but does not include any amount that a State or local government is required or permitted by law to contribute as a non-Federal share under a Federal assistance program; (2) the term ``Director'' means the Director of the Office of Management and Budget; (3) the term ``Federal agency'' means a department, agency, or instrumentality in the executive branch of the United States Government, but does not include a mixed-ownership Government corporation; (4) the term ``Federal assistance'' means assistance provided by a Federal agency to a State or local government or other public or private recipient in the form of a grant, loan, loan guarantee, property, cooperative agreement, or technical assistance, but does not include direct cash assistance to a natural person, a contract for the procurement of goods or services for the United States, or insurance; (5) the term ``intergovernmental regulation'' means a statute, or a regulation promulgated by a Federal agency pursuant to a significant statute, that-- (A) requires a State or local government to-- (i) take certain actions; or (ii) comply with certain conditions; and (B) takes effect on or after the date of enactment of this Act; (6) 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; (7) the term ``State'' means each of the 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 Islands. SEC. 4. COMPENSATION OF STATE AND LOCAL GOVERNMENTS FOR ADDITIONAL COSTS. (a) In General.--An intergovernmental regulation may not be enforced against a State or local government with respect to a fiscal year-- (1) unless there has been made an appropriation of Federal funds, and such funds have been made available, to all State and local governments for the fiscal year in an amount that is sufficient to reimburse all State or local governments for the total amount of additional costs that will be incurred by those governments in complying with the regulation during the fiscal year; or (2) Congress approves by a two-thirds vote of the members of each House of Congress, duly chosen and sworn, a joint resolution that waives subsection (a) with respect to that intergovernmental regulation and that fiscal year. (b) Determination of Additional Costs.--For the purposes of subsection (a), the total amount of additional costs that will be incurred by State governments and local governments in complying with an intergovernmental regulation during a fiscal year shall be the total amount of such costs for compliance with the regulation estimated by the Director for the fiscal year in the report required under section 5 for the fiscal year. SEC. 5. REPORT BY THE DIRECTOR. For each fiscal year in which an intergovernmental regulation will be in effect, the Director, in consultation with representatives of State and local governments, shall prepare and submit to the President and the Congress, with the President's budget in January preceding the beginning of a fiscal year, a report that contains an estimate, for that fiscal year and the following fiscal year, of the total amount of additional costs that have been incurred or will be incurred by each State government and by each local government within each State in complying with the intergovernmental regulation. SEC. 6. PAYMENT OF REIMBURSEMENTS. (a) In General.--The head of a Federal agency that administers an intergovernmental regulation shall pay to each State and local government in each fiscal year the amount determined pursuant to this section to reimburse the State and local governments in the State for the additional costs incurred by those governments in complying with the intergovernmental regulation during the fiscal year. (b) Amount Paid by a Federal Agency to a State or Local Government.--The amount to be paid to a State or local government under subsection (a) for a fiscal year shall be the amount of additional costs specified for that State or local government in the report submitted pursuant to section 5. (c) Inapplicability of Section.--This section does not apply with respect to an intergovernmental regulation that will be in effect during a fiscal year if, with respect to that intergovernmental regulation and that fiscal year, a joint resolution described in section 4(a)(2) is in effect. SEC. 7. EFFECT OF SUBSEQUENT ENACTMENTS. No statute enacted after the date of enactment of this Act shall supersede this Act unless the statute does so in specific terms, referring to this Act, and declares that that statute supersedes this Act.
summary: Federal Mandate Relief Act of 1993 - Prohibits the enforcement of an intergovernmental regulation against a State or local government with respect to a fiscal year: (1) unless sufficient Federal funds have been appropriated to reimburse all State or local governments for the total additional costs that will be incurred by those governments in complying with the regulation during the fiscal year; or (2) the Congress approves by a two-thirds vote of the Members of each House a joint resolution that waives such prohibition with respect to that intergovernmental regulation and that fiscal year. Specifies that the total additional costs that will be incurred by State and local governments in complying with an intergovernmental regulation during a fiscal year shall be the total compliance costs estimated by the Director of the Office of Management and Budget under this Act. Requires the Director, for each fiscal year in which an intergovernmental regulation will be in effect, to submit to the President and the Congress a report that contains an estimate for that fiscal year and the following fiscal year of the total additional costs that have been or will be incurred by each State and local government in complying with the regulation. Sets forth provisions with respect to reimbursements of State and local governments by Federal agencies.