[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 455 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 455
To protect 10th Amendment rights by providing special standing for
State government officials to challenge proposed regulations, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 26, 2011
Mr. Cole (for himself, Mr. Rooney, Mr. Bishop of Utah, Mr. Boren, Mr.
Garrett, Mr. Wilson of South Carolina, Mr. Lucas, Mr. Miller of
Florida, Mr. Scott of South Carolina, Mr. Sullivan, Mr. Griffin of
Arkansas, Mr. Bilbray, Mr. Kline, Mrs. Blackburn, Mr. Hanna, Mr. Terry,
Mr. Daniel E. Lungren of California, Mr. King of Iowa, Mr. Lankford,
Mr. Barton of Texas, Mr. Schock, Mr. McHenry, Mr. Hall, Mr. Pearce, Mr.
Carter, Mr. Issa, Mr. Chabot, Mr. Conaway, Mr. Neugebauer, Mr. Walberg,
Mr. Flores, Mr. Poe of Texas, Mr. Young of Indiana, Mr. Stutzman, Mr.
Marchant, Mrs. Lummis, Mr. Franks of Arizona, Mr. Roe of Tennessee, Mr.
Westmoreland, Mr. Southerland, Mr. Nugent, Ms. Granger, Mr. Posey, Mr.
Bilirakis, Mr. Pompeo, Mr. Huelskamp, Mr. Farenthold, Mr. Schweikert,
Mr. Akin, Mr. Walsh of Illinois, Mr. Crawford, Mr. Fleming, Mr.
Chaffetz, Mr. Gibbs, Mr. Campbell, Mr. Kingston, Mr. Manzullo, Mr.
Paul, Mr. Canseco, and Mr. Benishek) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect 10th Amendment rights by providing special standing for
State government officials to challenge proposed regulations, and for
other purposes.
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 ``10th Amendment Regulatory Reform
Act''.
SEC. 2. FINDINGS.
The Congress finds:
(1) The 10th article of amendment to the Constitution of
the United States (hereinafter in this section referred to as
the ``10th Amendment'') , ratified on December 15, 1791,
states, ``The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people.''.
(2) The 10th Amendment expressly limits the powers of the
Federal Government to those delegated by the Constitution and
reaffirms and protects the freedom of the States to exercise
those that are not.
(3) The 10th Amendment reflects the opposition of the
Founding Fathers to a Federal Government with expansive powers;
their intention for the powers of the States to act as a check
on those of the Federal Government; and their concern that the
Federal Government would attempt to usurp powers intended to
remain with the States.
(4) James Madison, in The Federalist No. 45, wrote, ``The
powers delegated by the proposed Constitution to the Federal
Government are few and defined. Those which are to remain in
the State governments are numerous and indefinite.''.
(5) The Supreme Court, in United States v. Sprague, 282
U.S. 716 (1931), noted, ``The Tenth Amendment was intended to
confirm the understanding of the people at the time the
Constitution was adopted, that powers not granted to the United
States were reserved to the States or to the people.''.
(6) The Supreme Court, in Fry v. United States, 421 U.S.
542 (1975), also noted, ``The Amendment expressly declares the
constitutional policy that Congress may not exercise power in a
fashion that impairs the States' integrity or their ability to
function effectively in a federal system.''.
(7) The Executive Departments and Agencies of the Federal
Government often promulgate regulations contrary to the spirit
and letter of the 10th Amendment.
(8) The 10th Amendment assures that the people of the
United States of America and each sovereign State in the Union
of States, now have, and have always had, rights the Federal
Government may not usurp.
(9) It is the responsibility of Congress to safeguard the
10th Amendment and to recognize that it is as vital and
valuable today as on the date of its ratification.
SEC. 3. SPECIAL STANDING FOR CERTAIN STATE OFFICIALS TO CHALLENGE
FEDERAL RULEMAKING AS A VIOLATION OF THE 10TH AMENDMENT.
(a) To Submit a Legal Brief.--During any period when a proposed
Federal rule is required under chapter 5, title 5, United States Code,
to be open for public comment, any designated State official may file
with the head of the agency proposing the rule a legal brief
challenging the constitutionality of the proposed rule under the 10th
article of amendment to the Constitution.
(b) Duty of Federal Official To Post Link to the Brief.--The head
of the Federal agency proposing the rule shall, not later than 10 days
after a brief is submitted under subsection (a), prominently post on
the agency's primary Web page, in such a manner that it is immediately
noticeable to those who visit that Web site, a link to that brief.
(c) Response by Federal Agency.--Unless the Federal agency
determines not to carry into effect the proposed rule, not later than
15 days after posting the link under subjection (a), the head of that
agency shall--
(1) certify in writing that, in the opinion of that head,
such rulemaking does not violate the 10th article of amendment
to the Constitution and include in that certification a full
and complete written statement of the legal reasoning
supporting that opinion; and
(2) prominently post the certification on the front page of
the agency's Web site next to the legal briefs pertaining to
that rule posted under subsection (b).
(d) Notice to Other States' Officials.--Not later than 15 days
after a designated State official submits a brief under this section,
the head of the agency proposing the rule shall give notice to each
designated State official of each State that the brief was filed.
(e) Venue and Jurisdiction of Legal Actions by State Officials.--If
a designated State official decides to commence legal action against a
proposed or final Federal rule on the grounds that the rule violates
the 10th article of amendment to the Constitution, in addition to any
other venue or jurisdiction that may be provided by law, the official
may elect to file the action in the United States district court for
the district in which the official's place of business is located,
which shall be a proper venue for the case and the court shall have
jurisdiction to hear and determine it.
(f) Expedited Appeal.--Upon the request of a designated State
official who is a party in the case, the relevant United States Court
of Appeals shall grant expedited review of a decision by a district
court in any case that could have been brought under subsection (e).
(g) Definitions.--As used in this section--
(1) the term ``designated State official'' means, with
respect to a State--
(A) the chief executive of the State;
(B) the lieutenant governor or equivalent officer
of the State;
(C) the chief legal officer of the State; or
(D) a legislative leader of the State; and
(2) the term ``legislative leader'' means a speaker,
majority leader, or minority leader, of the State legislature
or any House thereof.
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