Text: H.R.4613 — 102nd Congress (1991-1992)All Information (Except Text)

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H 4613 IH
102d CONGRESS
2d Session
 H. R. 4613
To clarify the application of Federal preemption of State and local laws,
to preserve State and local legislative rights and prerogatives, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 26, 1992
Mr. THOMAS of Wyoming introduced the following bill; which was referred to
the Committee on Government Operations
A BILL
To clarify the application of Federal preemption of State and local laws,
to preserve State and local legislative rights and prerogatives, and for
other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `States and Local Legislative Prerogatives
  Preservation Act of 1992'.
SEC. 2. FINDINGS.
  The Congress finds that--
  (1) the United States Constitution created a strong Federal system, reserving
  to the States all powers not expressly delegated to the Federal Government;
  (2) on numerous occasions, the Congress has enacted statutes that explicitly
  preempt State and local government powers and describe the scope of the
  preemption;
  (3) in addition to statutes that explicitly preempt State and local
  government powers, many other statutes that lack an explicit statement by
  Congress of its intent to preempt and a clear description of the scope of
  the preemption have been construed by the courts and Federal agencies to
  preempt State and local government powers; and
  (4) without an explicit statement of Congress' intent to preempt State and
  local government powers and a clear description of the scope of preemption,
  preemptive statutes--
  (A) provide too little guidance and leave too much discretion to Federal
  agencies which are required to promulgate and enforce regulations pursuant
  to statutes;
  (B) create too great an uncertainty for State and local governments; and
  (C) leave the presence or scope of preemption to be litigated and determined
  by the Federal judiciary, producing results sometimes contrary to or beyond
  the intent of Congress.
SEC. 3. PURPOSE.
  The purposes of this Act are to--
  (1) promote and preserve the integrity and effectiveness of the Federal
  system;
  (2) set forth principles governing the interpretation of congressional
  intent regarding preemption of State and local government powers by Federal
  laws and regulations; and
  (3) establish an information collection system designed to monitor the
  incidence of Federal statutory and regulatory preemption.
SEC. 4. DEFINITIONS.
  As used in this Act, the term--
  (1) `local government' means a county, city, town, borough, township,
  village, school district, special district, or other political subdivision
  of a State;
  (2) `State' means a State of the United States and an agency or
  instrumentality of a State, but does not include a local government of a
  State; and
  (3) `State and local government powers' means powers reserved under the
  ninth and tenth amendments of the United States Constitution to States or
  delegated to local governments by States.
SEC. 5. RULE OF CONSTRUCTION.
  No statute, or rule promulgated under such statute, shall preempt, in whole
  or in part, any State or local government law, ordinance, or regulation,
  unless the statute explicitly states that such preemption is intended or
  unless there is a direct conflict between such statute and a State or
  local law, ordinance, or regulation so the two cannot be reconciled or
  consistently stand together.
SEC. 6. ANNUAL REPORT ON STATUTORY PREEMPTION.
  (a) REPORT- Within 90 days after each Congress adjourns sine die, the
  Congressional Research Service shall prepare and make available to the
  public a report on the extent of Federal statutory preemption of State and
  local government powers enacted into law during the preceding Congress or
  adopted through judicial interpretation of Federal statutes.
  (b) CONTENTS- The report shall contain--
  (1) a cumulative list of the Federal statutes preempting, in whole or in
  part, State and local government powers;
  (2) a summary of Federal legislation enacted during the previous Congress
  preempting, in whole or in part, State and local government powers;
  (3) an overview of recent court cases addressing Federal preemption
  issues; and
  (4) other information the Director of the Congressional Research Service
  determines appropriate.
  (c) TRANSMITTAL- Copies of the report shall be sent to the President
  and the chairman of the appropriate committees in the Senate and House
  of Representatives.
SEC. 7. EFFECTIVE DATE.
  This Act shall take effect on January 1, 1993. The requirements of section
  5 shall apply only to statutes enacted or final regulations which become
  effective on or after January 1, 1993.

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