H.R.2245 - Federalism Act of 1999106th Congress (1999-2000)
|Sponsor:||Rep. McIntosh, David M. [R-IN-2] (Introduced 06/16/1999)|
|Committees:||House - Government Reform; Rules; Judiciary|
|Latest Action:||07/29/1999 Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote. (All Actions)|
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Summary: H.R.2245 — 106th Congress (1999-2000)All Information (Except Text)
Introduced in House (06/16/1999)
Federalism Act of 1999 - Requires a State to expend and account for covered Federal grant funds in accordance with State law, to use, manage, and dispose of personal property acquired with covered Federal grant funds in accordance with State law, and in procuring any personal property or service with covered Federal grant funds, to follow the requirements and procedures applicable under State law, subject to any requirement that expressly applies under any other Federal statute.
(Sec. 6) Prohibits any Federal agency head from including in any performance plan any agency activity that is a State-administered Federal grant program, unless the performance measures are determined in cooperation with public officials.
(Sec. 7) Requires the head of an agency, no later than the date of publication of an advance notice of proposed rulemaking or the equivalent date if such notice is not published, to notify and consult with public officials who may potentially be affected for the purpose of identifying any preemption of State or local government authority that may result.
Directs an agency head to publish with each proposed rule, interim final rule, and final rule a proposed federalism impact assessment that identifies: (1) any provision of the rule that is a preemption of State or local authority; (2) the constitutional basis for each such preemption; (3) any provision of statute under which the rule is issued that is an express preemption of State or local authority and any provision of any other statute that expressly states that Congress intended such preemption; (4) any provision of the rule that establishes a condition for receipt of grant funds that is not related to the purpose of the grant program; (5) any other provision of the rule that impacts State or local governments, including any provision that constitutes a Federal intergovernmental mandate; (6) any regulatory alternatives considered by the agency; (7) the estimated costs that will be incurred by State and local governments; and (8) the extent of the agency's consultations with potentially affected public officials. Provides for the agency head to include, in the separately identified part of the preamble to each proposed, interim final, and final rule published, a summary of the proposed or final federalism impact assessment.
(Sec. 8) Requires the committee report accompanying any public bill, or the joint explanatory statement accompanying a conference report on any such bill, to include a statement that: (1) either identifies each section of the bill or conference report that constitutes an express preemption of State or local authority or asserts that the bill does not contain any such section; (2) describes the constitutional basis for any such preemption; (3) sets forth the reasons for each such preemption; and (4) includes a federalism impact assessment by the Director of the Congressional Budget Office (CBO) that describes the preemptive impact of the bill on State and local governments. Requires such assessment to identify: (1) the estimated costs that would be incurred by such governments for any Federal grant program; and (2) any provision that establishes a condition for receipt of funds under the program that is not related to the program's purposes. Requires a committee or conference committee, in the absence of a report or joint explanatory statement accompanying a bill or conference report, to report such a statement before consideration of the bill or conference report.
Requires a Senate or House committee that orders a public bill reported, and a conference committee before filing a conference report thereon, to promptly provide the bill to the CBO Director and to identify each section of the bill that constitutes a preemption of State or local authority.
(Sec. 9) Prohibits: (1) any Federal statute enacted after this Act's effective date from preempting, in whole or in part, any State or local law unless the statute expressly states that such preemption is intended or unless there is a direct conflict between such statute and a State or local law so the two cannot be reconciled or consistently stand together; and (2) any Federal rule issued under any provision of law enacted after this Act's effective date from preempting, in whole or in part, any State or local law unless the statute under which the rule is issued, or another statute, expressly states that such preemption is intended.
Requires any ambiguity to be construed in favor of preserving State and local authority.
(Sec. 10) Requires: (1) the Director of the Office of Management and Budget (OMB) to submit biennially to the CBO Director information describing interim final and final rules issued during the preceding two years that preempt State or local authority; and (2) the Director of the Congressional Research Service (CRS) to submit biennially to the CBO Director information describing court decisions issued during the preceding two years that preempt State or local authority.
Directs CBO: (1) no later than the adjournment sine die of each Congress, to submit to Congress a specified report on the extent of preemption of State and local authority by Federal laws enacted during the previous session of the Congress and by judicial or agency interpretations of Federal statutes issued during such session, using information regarding agency rules submitted by OMB and information regarding court decisions submitted by the CRS Director; and (2) to make such report available to each congressional committee, each Governor, the presiding officer of each chamber of the legislature of each State, and other public officials and to the public through publication in the Congressional Record and on the Internet.
(Sec. 11) Prohibits applying this Act to any section of a bill or any provision of a Federal regulation or statute that establishes or enforces any statutory prohibition against discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or disability.