To restore State sovereignty.

February 1, 2005

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

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 2005'.

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.

END