Tenth Amendment Enforcement Act of 1998

Summary

Tenth Amendment Enforcement Act of 1998 - Requires any statute enacted by the Congress after 1998 to include declarations that: (1) the authority to govern in the area addressed is delegated to the Congress by the Constitution; (2) Congress has a greater degree of competence than the States to govern in that area; and (3) any preemption of State law is specifically intended by the Congress and is necessary. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations. Amends Federal law to prohibit any Federal agency from construing any statutory authorization to issue rules as authorizing preemption of State law or local ordinance by rulemaking or other agency action, unless the statute expressly authorizes issuance of preemptive rules 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 an opportunity for comment when a Federal agency proposes preemptive rulemaking or other agency action. Requires the table of contents of each Federal Register to contain a list of preemptive rules contained within that Register. Provides that a final agency rule shall not be construed to preempt any State or local law unless it contains an explicit declaration of the intention to do so. Requires each Federal agency to publish in the Federal Register a plan for periodic review of the rules issued by the agency that preempt State or local government powers to determine whether such rules should be altered or repealed. Prohibits any adjudicative body to construe a statute enacted after enactment of this Act to preempt State or local law unless: (1) the statute contains an explicit declaration of intent to preempt; or (2) there is a direct conflict with State or local law that cannot be reconciled. Requires any ambiguity to be construed in favor of preserving the authority of the States. Requires that funds received by a State under Federal law shall be subject to appropriation by the State legislature. Directs the Congressional Research Service, after each Congress adjourns, to prepare and make publicly available a report on the extent of Federal statutory preemption of State and local government powers enacted into law during that Congress or adopted through judicial interpretation of Federal statutes.

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Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 26 June 1998

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 26 June 1998

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• Introduced in Senate

  summary · EN · 26 June 1998

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