HR 4422 Re-checks Congress.gov for new actions and updates the bill's status, and fills in any sponsors, committees, or related bills that are missing. It does not re-pull sponsors/cosponsors/committees/related — those rarely change — and it skips all work if nothing has changed upstream, so it's cheap to click.
To enact the requirements and restrictions of Executive Order 12612 and Executive Order 12875, relating to federalism.
Summary
The bill would require all federal departments and agencies to comply with the provisions of Executive Order 12612 and Executive Order 12875 as they applied on October 26, 1987, relating to federalism. It would nullify Executive Order 13083, issued in May 1998, rendering it void. The bill would make compliance with federalism requirements subject to judicial review only in connection with final agency action that is otherwise authorized by law, and would require courts to set aside agency action only if it is arbitrary or capricious. The bill would exclude the Director of the Office of Management and Budget from judicial review of federalism compliance but would allow courts to remand or invalidate rules if an agency fails to perform a required federalism assessment.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
6 cosponsors
Actions (7)
- Aug 26, 1998 Referred to the Subcommittee on the Constitution. · house
- Aug 17, 1998 Referred to the Subcommittee on National Economic Growth, Natural Resources and Regulatory Affairs. · house
- Aug 7, 1998 Sponsor introductory remarks on measure. (CR E1613)
- Aug 6, 1998 Referred to House Government Reform · house
- Aug 6, 1998 Referred to the Committee on the Judiciary, and in addition to the Committee on Government Reform and Oversight, 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.
- Aug 6, 1998 Referred to House Judiciary · house
- Aug 6, 1998 Introduced in House
More bills on these subjects (8)
Other bills that carry the most legislative subjects in common with this one (topical discovery — distinct from the procedural related bills above).
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
IN THE HOUSE OF REPRESENTATIVES
August 6, 1998
Mr. Moran of Virginia (for himself, Mr. Castle, Mr. Condit, Mr. Davis of Virginia, Ms. McCarthy of Missouri, Mr. Portman, and Mr. McIntosh) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Government Reform and Oversight, 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 enact the requirements and restrictions of Executive Order 12612 and Executive Order 12875, relating to federalism.
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 “Federalism Act of 1998”.
SEC. 2. COMPLIANCE WITH FORMER EXECUTIVE ORDERS RELATING TO FEDERALISM.
(a) Compliance Requirement.—The head of each Federal department and each Federal agency shall ensure that each activity of the department or agency, respectively, is carried out in accordance with all provisions of Executive Order 12612 (as in effect on October 26, 1987) and Executive Order 12875 (as in effect on October 26, 1987) as apply to the activity under the terms of those Executive Orders.
(b) Later Order of No Force or Effect.—Executive Order 13083, issued May 14, 1998, shall have no force or effect.
SEC. 3. JUDICIAL REVIEW.
(a) In General.—Compliance by a department or agency with a requirement or restriction imposed by this Act shall be subject to judicial review only—
(1) in connection with judicial review of final agency action, that is otherwise authorized by law;
(2) in accordance with this section; and
(3) in accordance with the limitations on timing, venue, and scope of review imposed by the law otherwise authorizing the judicial review.
(b) Standard of Review.—Any action or failure to act by a department or agency under any requirement or restriction imposed by this Act shall be set aside by a reviewing court only upon a showing that the action or failure is arbitrary or capricious.
(c) Limitation on Review.—Any action or failure to act by the Director of the Office of Management and Budget pursuant to any requirement or restriction imposed by this Act shall not be subject to judicial review.
(d) Relief.—If a department or agency fails to perform any federalism assessment pursuant to this Act with respect to any rule, a court may, giving due regard to prejudicial error, remand or invalidate the rule. The adequacy of compliance with the specific requirements and restrictions imposed by this Act shall not otherwise be grounds for remanding or invalidating a rule under this Act. <all>
Comments