Federal Sovereignty Opt-Out Act
The Federal Sovereignty Opt-Out Act empowers counties to assert greater self-governance by allowing them to decline specific federal programs, activities, or funding within their jurisdiction, with certain restrictions and safeguards. This Act seeks to balance local autonomy with state and national interests, providing counties with tools to assert sovereignty while ensuring transparency, financial accountability, and compliance with constitutional requirements.
Key Provisions
Opt-Out Authority: Counties may pass resolutions to opt out of federal programs, operations, or funding, explicitly outlining the activities to be declined and providing a timeline for withdrawal. Eligible activities include federally funded programs (e.g., education, healthcare), federal employees or contractors, and federal law enforcement not requested by county officials.
Exceptions: Counties cannot opt out of constitutionally mandated programs or those related to national defense, disaster relief, or border security. State legislatures can override opt-out resolutions by a two-thirds vote if deemed harmful to statewide interests.
Financial Implications: Counties forfeiting federal programs must relinquish associated federal funding. Counties can seek state funding to offset losses, subject to legislative approval and budget availability, or develop alternative local revenue sources.
Transparency and Accountability: Requires at least two public hearings before adopting opt-out resolutions to gather community input. Counties must submit annual reports to the state detailing opted-out programs, financial impacts, and replacement measures.
Enforcement and Compliance: The state attorney general oversees compliance with opt-out procedures and may nullify improperly adopted resolutions. Federal entities operating in non-compliant counties without approval may face legal action from local governments.
Safeguards: Protects national and statewide interests by limiting opt-outs for critical federal roles and requiring public and state-level review.
Model Language
Section 1. Short Title: This Act shall be known as the “Federal Sovereignty Opt-Out Act.”
Section 2. Purpose: The purpose of this Act is to provide counties with the authority to decline federal involvement within their jurisdiction, including but not limited to federally funded programs, employees, and infrastructure projects. This law reinforces local self-governance and state sovereignty over federal intervention.
Section 3. County Authority to Opt-Out of Federal Involvement
(a) Right to Decline Federal Involvement:
Counties may adopt a resolution to opt out of federal programs, presence, or funding within their jurisdiction.
Opt-out resolutions must explicitly outline the federal activities or programs to be declined and provide a timeline for withdrawal.
(b) Activities Eligible for Opt-Out:
Federally funded programs, including education, healthcare, and infrastructure projects.
Federal employees and contractors conducting operations within the county, excluding those related to national defense, border security, or emergency response.
Federal law enforcement operations not initiated at the request of county officials.
(c) Exceptions:
Counties may not opt out of federally mandated programs that are constitutionally required or tied to national defense, disaster relief, or border security.
The state legislature may override opt-out resolutions deemed harmful to statewide interests by a two-thirds vote.
Section 4. Financial Considerations
(a) Forfeiture of Federal Funds: Counties opting out of federal programs shall forfeit federal funding associated with those programs.
(b) State Funding Support: Counties may request state funding to replace lost federal funding, but approval is contingent on state budget availability and legislative authorization.
(c) Local Revenue Alternatives: Counties opting out are encouraged to develop local revenue sources or partnerships to replace lost federal funding.
Section 5. Transparency and Public Input
(a) Public Hearing Requirement: Counties must hold at least two public hearings before adopting an opt-out resolution to gather input from residents and stakeholders.
(b) Annual Reporting: Counties that opt out must submit an annual report to the state detailing:
The programs or activities declined.
The financial and operational impacts of opting out.
Measures implemented to replace federal involvement.
Section 6. Enforcement and Penalties
(a) The state attorney general shall ensure counties comply with opt-out procedures and may nullify resolutions adopted in violation of this Act.
(b) Federal employees or contractors operating in counties that have opted out without approval may face legal challenges initiated by county governments.
Section 7. Severability: If any provision of this Act is found unconstitutional or invalid, the remaining provisions shall not be affected.
Section 8. Effective Date: This Act shall take effect on [date].