HR 2917

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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>