[Congressional Record Volume 144, Number 111 (Friday, August 7, 1998)]
[Extensions of Remarks]
[Page E1613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               INTRODUCTION OF THE FEDERALISM ACT OF 1998

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                          HON. JAMES P. MORAN

                              of virginia

                    in the house of representatives

                        Thursday, August 6, 1998

  Mr. MORAN of Virginia. Mr. Speaker, today I, along with 
Representatives Mike Castle, Gary Condit, Tom Davis, Karen McCarthy, 
and Rob Portman are introducing the ``Federalism Act of 1998.''
  This legislation will codify two executive orders on federalism: 
Executive Order No. 12612 issue by President Ronald Reagan on October 
26, 1987 and Executive Order No. 12875 issued by President Bill Clinton 
exactly five years later. President Reagan's executive order helped 
bring clarity to the division of responsibilities among federal, state, 
and local governments. President Clinton's executive order sought to 
reduce the imposition of unfunded mandates on state and local 
governments. Both executive orders affirmed the need to consult with 
state and local governments prior to undertaking any new federal agency 
actions.
  Unfortunately, it appears that the current administration failed to 
abide by its own policy, when it issued a new executive order on 
federalism earlier this year. On May 14, 1998, the administration 
issued Executive Order 13083 with little or no consultation of state 
and local officials prior to its issuance.
  A careful review of this new executive order reveals both substantive 
and stylistic changes, that from the state and local perspective, 
present a retreat from the two previous executive orders the new order 
replaces. On the issue of preemption of state and local laws, for 
example, President Reagon's executive order sought to limit preemption 
to only problems of national scope and not common to the states--it 
should be done only to the minimum level necessary. President Clinton's 
first executive order on federalism clearly stated that mandates should 
not preempt state and local law unless health, safety and national 
interests are at stake. President Clinton's new executive order, 
however, makes preemption permissible in problems of national and 
multi-state scope and then expands the list of policy areas provided in 
his first executive order where preemption is permissible.
  State and local officials are seriously concerned that the new 
executive order threatens their current relationship with the federal 
government and undermines their position and status within our 
republican form of government.
  In response to these concerns we need to repeal Executive Order 13083 
and provide state and local officials with an opportunity to sit down 
with the administration and iron out a new policy on federalism. The 
starting point for drafting any new executive order should be the two 
existing executive orders. The legislation I am introducing today with 
my colleagues, from both sides of the aisle, takes us to this starting 
point.
  From this starting point, it may be entirely appropriate to consider 
other legislative changes that strengthen the Unfunded Mandate Reform 
Act and judicial review of agency actions. But, before we consider 
these changes, let us agree on preserving the commitments, safeguards 
and procedures established by both President Reagan's executive order 
and President Clinton's first executive order on federalism by 
codifying them as federal law.

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