[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4422 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4422

To enact the requirements and restrictions of Executive Order 12612 and 
             Executive Order 12875, relating to federalism.


_______________________________________________________________________


                    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>