H.R.4613 - States and Local Legislative Prerogatives Preservation Act of 1992102nd Congress (1991-1992)
|Sponsor:||Rep. Thomas, Craig [R-WY-At Large] (Introduced 03/26/1992)|
|Committees:||House - Government Operations|
|Latest Action:||House - 04/03/1992 Referred to the Subcommittee on Human Resources and Intergovernmental Relations. (All Actions)|
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Text: H.R.4613 — 102nd Congress (1991-1992)All Information (Except Text)
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Introduced in House
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.