text: 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.
target: 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.
feat_title: Federal Mandate Relief Act of 1993