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Preemptions in Federal Legislation in the 106th Congress [i] (June 2001)

handle is hein.congrec/cbo0685 and id is 1 raw text is: PREEMPTIONS IN FEDERAL LEGISLATION IN THE 106TH CONGRESS June 2001 PREF-ACE-_ Under the Unfunded Mandates Reform Act of 1995 (Public Law 104-4), the Congressional Budget Office (CBO) reviews nearly all legislation reported by authorizing committees to identify possible federal mandates on state, local, or tribal governments. Many of those mandates take the form of federal preemptions of state or local laws and procedures. This CBO paper discusses the nature of federal preemptions and identifies preemptive language in legislation considered by the 106th Congress (in 1999 and 2000). It also outlines the policy areas most affected by proposed preemptions and examines which committees reported the most legislation containing preemptions. The paper was prepared at the request of Senator George V. Voinovich, Ranking Member of the Senate Committee on Governmental Affairs' Subcommittee on Oversight of Government Management, Restructuring, and the District of Columbia. The paper was prepared by Shelley Finlayson, Victoria Heid Hall, and Leo Lex of CBO's State and Local Government Cost Estimates Unit under the supervision of Theresa Gullo. Marjorie Miller, Jennifer Smith, and Susan Sieg Tompkins of CBO provided helpful comments. Christian Spoor edited the paper, and Christine Bogusz proofread it. Ernestine McNeil and Marion C. Curry prepared the paper for publication, and Lenny Skutnik produced the printed copies. Annette Kalicki prepared the electronic versions for CBO's Web site. Dan L. Crippen Director June 2001 CONTENTS SUMMARY IDENTIFYING PREEMPTIONS IN THE CONTEXT OF UMRA Legal Interpretation of Preemptions CBO's Perspective on Defining Preemptions under UMRA PREEMPTIONS REPORTED OR ENACTED IN THE 106TH CONGRESS Committee Consideration of Preemptions, by Subject Area * Preemptions Enacted by the 106th Congress

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