Tenth Amendment Enforcement Act of 1996

Summary

Tenth Amendment Enforcement Act of 1996 - Requires that, on or after January 1, 1997, any statute enacted by the Congress must include specified findings and declarations about the Constitutional authority of the Congress in enacting such statute to preempt State and local laws. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations, unless a supermajority in either House vote otherwise. Amends Federal law to prohibit any executive department or agency (Federal agency) from construing any statutory authorization to issue regulations as authorizing preemption of State law or local ordinance by rule-making or other agency action, unless the statute expressly authorizes issuance of preemptive regulations and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Provides for notice and opportunity for State comment when a Federal agency proposes preemptive rule making or other agency action. Requires each Federal agency to publish in the Federal Register a plan for periodic review of rules and regulations preempting State or local government powers.

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Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 20 March 1996

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 20 March 1996

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• Introduced in Senate

  summary · EN · 20 March 1996

  Open at official source

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