Summary: S.1214 — 106th Congress (1999-2000)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to Senate with amendment(s) (09/16/1999)

Federalism Accountability Act of 1999 - Requires: (1) the report accompanying any public bill or joint resolution reported from a Senate or House committee or conference to contain an explicit statement on the extent to which the bill or joint resolution preempts State or local government law, ordinance, or regulation and an explanation of the reasons for such preemption; or (2) in the absence of such a report, the committee or conference to report to the Senate and House a statement containing such information before consideration of a bill, joint resolution, or conference report.

Prohibits construing any statute or rule enacted after this Act's effective date as preempting in whole, or in part, any State or local government law, ordinance, or regulation, unless: (1) the statute or rule explicitly states that such preemption is intended (and in the case of a rule, that such preemption is authorized by the statute under which the rule is promulgated); or (2) there is a direct conflict between such statute or rule and a State or local law, ordinance, or regulation so that the two cannot be reconciled or consistently stand together.

Directs the head of each Federal agency to: (1) be responsible for implementing this Act; and (2) designate an officer (to be known as the federalism officer) to manage the implementation and serve as a liaison to State and local officials and their designated representatives.

Requires agencies to provide for notice of rulemaking and consultation with State and local officials regarding any preemption or other significant federalism impacts that may result.

Requires federalism officers to identify each proposed, interim final, and final rule having a federalism impact that warrants the preparation of a federalism assessment that shall assess and explain the extent of preemption, the significant impacts on State and local governments, the measures taken to minimize such impacts, and the extent of consultation. Sets forth: (1) agency procedures for the preparation, consideration, submission, and publication of federalism assessments.

Describes the terms and conditions regarding judicial review of agency compliance with the federalism assessment requirements under this Act.

Requires an agency to consult with State or local officials when developing a performance plan that includes a State- administered Federal grant program.

Requires: (1) the Director of the Office of Management and Budget to submit annually to the Director of the Congressional Budget Office (CBO) information describing interim final and final rules issued during the preceding year that preempt State or local authority; and (2) the Director of the Congressional Research Service to submit annually to the CBO Director information describing court decisions issued during the preceding year that preempt State or local authority.

Directs CBO, after each session of Congress, to prepare a specified report on the extent of Federal preemption of State or local authority enacted into law or adopted through judicial or agency interpretation of Federal statutes during the previous session and to make such reports available to each congressional committee, each State Governor, the presiding officer of each chamber of the legislature of each State, and other public officials and the public on the Internet.

Amends the Congressional Budget Act of 1974, with respect to Federal intergovernmental mandates, to require a Senate or House committee to include in its report accompanying a public bill or joint resolution that would place caps upon, or otherwise decrease, the Government's responsibility to provide funding to State, local, or tribal governments under a Federal program under which $500 million or more is provided annually under entitlement authority, a statement of how the committee specifically intends the States to implement the reduction and to what extent the legislation provides additional flexibility to offset such reduction. Requires the CBO Director to include in statements on public bills or joint resolutions (other than appropriation bills and joint resolutions) reported by any Senate or House committee that make such reduction, if no additional flexibility is provided in the legislation, a description of whether and how the States can offset the reduction under existing law or, if additional flexibility is provided, whether the resulting savings would offset the reductions in that program.