Restoration of State Sovereignty Act of 2011 - Provides that no federal authority shall enforce against any state authority, nor shall any state authority have any obligation to obey, any requirement imposed as a condition of receiving federal financial assistance under a federal grant program, nor shall such program operate within a state, unless the legislature of that state has expressly approved that program and, in doing so, waived the state's rights and authorities to act inconsistently with any requirement that might be imposed by the federal government as a condition of receiving that assistance. Authorizes a federal authority to release financial assistance under a federal grant program to a state only after the state's legislature has expressly approved the program or amended the requirements imposed by the federal government as conditions of receiving such assistance, provided such amendments are consistent with the federal law under which the assistance is provided. Excepts any grant program under the Individuals with Disabilities Education Act or Title 38 of the United States Code (Veterans Benefits).
Requires a federal authority, upon determining that assistance under a federal grant program may not be released to a state for a fiscal year, to: (1) prepare a statement of the determination and the amount of excess grant funds involved, (2) provide such statement to the Director of the Office of Management and Budget (OMB), and (3) include the statement on the official public website of the federal agency involved. Requires that such amount be rescinded from funds made available for the grant program and used only for reducing the budget deficit. Requires the Director to report on the total amount of such rescissions made each fiscal year, delineated by appropriation Acts, accounts, and programs, projects, and activities.
Makes this Act inapplicable to states with a legislature that meets every other year (biennial legislature) for the year in which the legislature does not meet.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2917 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2917
To restore State sovereignty, and to dedicate excess grant funds to
deficit reduction.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2011
Mr. Culberson (for himself and Mr. Bishop of Utah) introduced the
following bill; which was referred to the Committee on Oversight and
Government Reform, and in addition to the Committee on Appropriations,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To restore State sovereignty, and to dedicate excess grant funds to
deficit reduction.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoration of State Sovereignty Act
of 2011''.
SEC. 2. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO NOT EXPRESSLY
WAIVE.
(a) Retention of Rights and Authorities.--No officer, employee, or
other authority of the Federal Government shall enforce against an
authority of a State, nor shall any authority of a State have any
obligation to obey, any requirement imposed as a condition of receiving
Federal financial assistance under a grant program established under
Federal law, nor shall such program operate within a State, unless the
legislature of that State shall have by law expressly approved that
program and, in doing so, have waived the State's rights and
authorities to act inconsistently with any requirement that might be
imposed by the Federal Government as a condition of receiving that
assistance.
(b) Amendment of Terms of Receipt of Federal Financial
Assistance.--An officer, employee, or other authority of the Federal
Government may release Federal financial assistance under a grant
program established under Federal law to a State only after the
legislature of the State has by law expressly approved the program (as
described in subsection (a)) or amended the requirements imposed by the
Federal Government as conditions of receiving that assistance. In the
case of amendments made by a State pursuant to the preceding sentence,
such an officer, employee, or other authority may not release such
Federal financial assistance to the extent that any such amendments are
inconsistent with the Federal law under which the assistance is
provided.
(c) Exceptions for Certain Grant Programs.--Subsections (a) and (b)
shall not apply with respect to any grant program under either of the
following:
(1) The Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
(2) Title 38, United States Code.
(d) Special Rule for States With Biennial Legislatures.--In the
case of a State with a biennial legislature--
(1) during a year in which the State legislature does not
meet, subsections (a) and (b) shall not apply; and
(2) during a year in which the State legislature meets,
subsections (a) and (b) shall apply, and, with respect to any
grant program established under Federal law during the most
recent year in which the State legislature did not meet, the
State may by law expressly disapprove the grant program, and,
if such disapproval occurs, an officer, employee, or other
authority of the Federal Government may not release any
additional Federal financial assistance to the State under that
grant program.
(e) Definition of State Authority.--As used in this section, the
term ``authority of a State'' includes any administering agency of the
State, any officer or employee of the State, and any local government
authority of the State.
(f) Effective Date.--This section applies in each State beginning
on the 90th day after the end of the first regular session of the
legislature of that State that begins 5 years after the date of the
enactment of this Act and shall continue to apply in subsequent years
until otherwise provided by law.
SEC. 3. DEDICATION OF SAVINGS TO DEFICIT REDUCTION.
(a) Statement of Excess Grant Funds.--Upon the determination of an
officer, employee, or other authority of the Federal Government under
section 2(b) that Federal financial assistance under a grant program
may not be released to a State for a fiscal year, the officer,
employee, or other authority shall prepare a statement of the
determination and the amount of excess grant funds involved, provide
the statement to the Director of the Office of Management and Budget,
and include the statement on the official public Internet website of
the Federal department or agency involved.
(b) Rescission of Excess Grant Funds.--Upon the receipt of a
statement under subsection (a) by the Director of the Office of
Management and Budget, the amount involved shall be rescinded from the
funds made available for the grant program in the applicable
appropriation Act for the fiscal year. All such rescinded amounts shall
be used only for reducing the deficit in the budget of the Government
for that fiscal year.
(c) OMB Annual Report.--Within 30 days after the end of each fiscal
year, the Director of the Office of Management and Budget shall submit
to the Committees on Appropriations of the House of Representatives and
the Senate, and include on its official public Internet website, a
report specifying the total amount of rescissions made during the
fiscal year under subsection (b) and delineating the rescissions by
appropriation Acts, accounts, and programs, projects, and activities.
(d) Special Rule for States With Biennial Legislatures.--In the
case of a State with a biennial legislature, any statement required
under subsection (a) shall be prepared only with respect to a fiscal
year during which the State legislature meets.
SEC. 4. DEFINITION OF STATE WITH BIENNIAL LEGISLATURE.
In this Act, the term ``State with a biennial legislature'' means a
State the legislature of which meets every other year.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Technology, Information Policy, Intergovernmental Relations and Procurement Reform .
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