The Unfunded Mandates Reform Act of 1995 (UMRA) was adopted in an effort "...to curb the practice of imposing unfunded Federal mandates on States and local governments." According to the Congressional Budget Office (CBO), UMRA defines a mandate as any provision in legislation, statute, or regulation that would impose an enforceable duty on state, local, or tribal governments or the private sector, or that would reduce or eliminate the amount of funding authorized to cover the costs of existing mandates. Since 1995, CBO has identified eleven laws that contain intergovernmental mandates which exceed the UMRA threshold ($50 million in 1996 dollars; adjusted annually for inflation, $69 million in 2009).

Intergovernmental Mandates under UMRA that Exceed the Threshold (listed by date of enactment)

an increase in the minimum wage (P.L. 104-188, 1996)
a reduction in the federal funding to administer the Food Stamps program (P.L. 105-185, 1998);
a provision preempting state taxes on premiums for prescription drug coverage contained in the Medicare Prescription Drug and Modernization Act of 2003 (P.L. 108-173, 2003);
a preemption of state authority to tax certain Internet services and transactions (P.L. 108-435, 2004);
a requirement that state and local governments meet certain standards for issuing vital-statistic documents (P.L. 108-458, 2004). Driver’s license requirements were repealed and replaced with the REAL ID Act (P.L. 109-13), which under UMRA is not considered a mandate that exceeds the threshold.
a provision that eliminates federal matching funds for administrative expenses funded by incentive payments to states as it relates to the child support enforcement program (P.L. 109-171, 2006);
a requirement that all government entities, including state and local governments, withhold 3 percent on certain, non-essential government payments for property or services (P.L. 109-222, 2006);
an increase in the minimum wage (P.L. 110-28, 2007)
a preemption of state authority to tax certain Internet services and transactions (P.L. 110-108, 2007);
a requirement that public transportation agencies and rail carriers implement various security measures and vulnerability assessments, and institute training programs and background checks for certain employees (P.L. 110-53, 2007);and
requires commuter railroads to install train control technology (P.L. 110-432, 2008).

The Unfunded Mandates Reform Act (UMRA) is now in its second decade. Although fewer than a dozen mandates have been enacted that exceed the threshold established in UMRA (see below), Congress has shifted at least $131 billion in costs to states from FY 2004 to FY 2008, according to NCSL's Mandate Monitor. The Mandate Monitor uses a definition of "unfunded mandate" that is broader than the one included in UMRA, because state and local officials view unfunded mandates more expansively. They interpret almost any federal decision that requires them to spend state or local funds as a cost shift. This includes legislation that:

Establishes a condition of grant in aid.
Reduces current funds available (including a reduction in the federal match rate or a reduction in available administrative or programmatic funds) to state and local governments for existing programs without a similar reduction in requirements.
Extends or expands existing or expiring mandates.
Establishes durational goals to comply with federal statutes or regulations with the caveat that if a state fails to comply they face a loss of federal funds--a condition of grant aid.
Creates a loss in state/local funds.
Compels coverage of a certain population/age group/other factor under a current program without providing full or adequate funding for this coverage.
Creates underfunded national expectations, i.e., homeland security.

Staff Contacts: DC Office (Molly Ramsdell at 202-624-3584; Jeff. Hurley at 202-624-7753).

NCSL Standing Committees & Task Forces

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State-Federal Relations and Standing Committees

NCSL is nationally recognized as a formidable lobbying force in Washington, D.C. Year-in and year-out, the organization effectively works to enhance the role of states and state legislatures in the federal system. We oppose unfunded federal mandates and preemption of state authority, and seek to provide state legislatures the flexibility they need to innovate and be responsive to the unique needs of the residents of each state.

These state-federal activities are guided by NCSL's 10 standing committees. These committees develop the official policy directives and resolutions that determine our positions on the wide range of federal actions that affect the states. In addition, they are fertile venues for sharing ideas about policy and legislative management innovations in state legislatures. The committees, whose jurisdictions are similar to those of committees in state legislatures, are made up of legislators and legislative staff from the 50 states and the territories. Their work is guided by legislator and legislative staff officers, who are named each year by the NCSL President, President-elect and Staff Chair.

The committees meet three times each year--at Fall Forum, the Spring Forum and the annual NCSL Legislative Summit. The meetings feature speakers from Congress and federal agencies, as well as experts on state issues. Each meeting also includes debate on the state-federal policy directives and resolutions developed by the committees.

The committees have support from NCSL staff in the Washington and Denver offices. The staff produce various documents related to both state and federal matters, including, research and analysis on federal and state issues, action and information alerts, legislative summaries, side-by-side charts, 50-state surveys and committee e-mail list serves. The state-federal work is highlighted each week in Capitol to Capitol, which is e-mailed and faxed to legislative leaders, committee members and others.

Executive Committee Task Forces

NCSL uses task forces to complement the work of the 10 standing committees. NCSL's Executive Committee Task Forces typically deal with issues that cut across the jurisdictions of the standing committees and are created for a specified period of time. They range in size between 20 and 30 legislators and legislative staff. Task forces have been very effective at developing positions on highly complex and controversial issues. Members of task forces are appointed by the NCSL president, President-elect and staff chair and have Republican and Democrat legislator co-chairs. Policy directives and resolutions on state-federal issues that are developed by task forces must be approved through the regular NCSL policy process before becoming official.

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