[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 27 Introduced in House (IH)]




                                     


104th CONGRESS
  1st Session
H. J. RES. 27

Proposing an amendment to the Constitution of the United States barring 
                Federal unfunded mandates to the States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

   Mr. Franks of New Jersey (for himself, Mr. Condit, Mr. Blute, Mr. 
      Emerson, Mr. Smith of Texas, Mr. Saxton, Mr. LoBiondo, Mr. 
     Frelinghuysen, and Ms. Danner) introduced the following joint 
    resolution; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION


 
Proposing an amendment to the Constitution of the United States barring 
                Federal unfunded mandates to the States.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States 
within seven years after the date of its submission for ratification:

                              ``Article--

    ``Section 1. Except as provided in section 2, no obligation imposed 
by or pursuant to an Act of Congress upon a State shall be enforceable 
against that State unless the Federal Government provides to the State 
the money needed to pay the State's cost of complying with the 
obligation, and no condition imposed by or pursuant to an Act of 
Congress on the receipt of Federal assistance by a State shall be 
enforceable against that State unless the condition is directly and 
substantially related to the specific subject matter of the assistance. 
For the purposes of this article, a State includes any subdivision or 
instrumentality of any of the several States.
    ``Section 2. Congress may, by separate Act of Congress addressed 
solely to a single Act of Congress imposing an obligation or making a 
condition for assistance that would otherwise not take effect by reason 
of section 1, make an exception to section 1 of this article with 
respect to that obligation or condition. However, any Act of Congress 
making such an exception shall not take effect unless agreed to by two-
thirds of the members of each House.''.
    ``Section 3. A judicial order enforcing this article may direct 
that an obligation or condition is not enforceable against a State, but 
shall not direct that the Federal Government provide to the State money 
needed to pay the State's cost of complying with the obligation.
    ``Section 4. Section 1 of this article applies only with respect to 
an obligation or condition that first takes effect after the date of 
the ratification of this article.''.
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