[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5045 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5045

                     To restore State sovereignty.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2004

Mr. Culberson introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
                     To restore State sovereignty.

    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 2004''.

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) Definition of State Authority.--As used in this section, the 
term ``authority of a State'' includes any officer or employee of the 
State and any local government authority of the State.
    (c) Effective Date.--This section applies in each State beginning 
at the end of the first regular session of the legislature of that 
State that begins after the date of the enactment of this Act and shall 
continue to apply in subsequent years until otherwise provided by law.
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