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. Directs the Congressional Research Service to prepare and make publicly available an annual 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. 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. Requires all States to be provided with notice and the opportunity to make meaningful and timely input when a Federal agency proposes preemptive rule making or other agency action. Prohibits applying the Federal Advisory Committee Act to participation in rulemaking or other agency action by State or local government officials or their designated representatives. Requires each Federal agency to publish in the Federal Register a plan for review of rules and regulations preempting State or local government powers. Requires the plan to provide for the review of such rules and regulations within ten years after the publication of such rules and regulations as final rules. Requires review, within three years of the effective date of this Act, of rules and regulations in effect more than ten years as of such effective date. Requires that funds received by a State under Federal law shall be subject to appropriation by the State legislature.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 28 September 1996

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 28 September 1996

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• Introduced in Senate

  summary · EN · 28 September 1996

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