Executive Order 13132
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Executive Order 13132 concerns the federalism implications of agency actions. E.O. 13132 is the latest executive order in a long line of decrees intending to preserve the rights of the states in regulating themselves. The E.O. also concerns implementation of the Unfunded Mandates Reform Act — which Congress passed with the aim of reducing regulatory compliance costs to states — to some extent. President Bill Clinton signed E.O. 13132 on August 4, 1999.
The E.O. instructs agencies to avoid submitting to Congress legislation which may preempt state law or allow regulation unduly influencing state activities. The E.O. also instructs agencies to appoint a federalism officer within the agency. This official is responsible for consulting with state governments on regulatory actions the agency believes may have federalism implications.
One of the more well-known provisions of E.O. 13132 requires agencies to determine the federalism implications of a proposed rule. If the rule has federalism implications and either imposes significant direct compliance costs on states or preempts state law, the agency must prepare a "federalism summary impact statement," including a summary of state and local officials' concerns about the proposed rule and the agency's position supporting the need for the regulation and a statement of the extent to which state and local concerns have been met. This assessment is generally included when an agency publishes a notice of proposed rulemaking.
