text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Restoring the 10th Amendment Act''.
  
  SEC. 2. FINDINGS.
  
      The Congress finds:
              (1) The 10th Amendment to the Constitution of the United 
          States (referred to in this Act as the ``10th Amendment''), 
          ratified on December 15, 1791, provides, ``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, and each sovereign State in the Union of States, 
          have, and have always had, rights that the Federal Government 
          may not usurp.
              (9) Congress has the responsibility 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) Definitions.--In this section--
              (1) the term ``agency'' has the meaning given that term in 
          section 551 of title 5, United States Code;
              (2) 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;
              (3) the term ``legislative leader'' means a speaker, 
          majority leader, or minority leader, of a State legislature or 
          any House thereof; and
              (4) the term ``rule'' has the meaning given that term in 
          section 551 of title 5, United States Code.
      (b) Submission of Legal Brief.--During any period during which a 
  proposed rule is open for public comment under chapter 5 of title 5, 
  United States Code, any designated State official may submit to the 
  head of the agency proposing the rule a legal brief challenging the 
  constitutionality of the proposed rule under the 10th Amendment.
      (c) Duty of Federal Official To Post Link to the Brief.--The head 
  of the agency proposing a rule described in subsection (b) shall 
  prominently post on the front page of the Web site of the agency, in 
  such a manner that it is immediately noticeable to individuals who 
  visit that Web site, a link to each brief submitted under subsection 
  (b).
      (d) Response by Federal Agency.--Unless an agency determines not to 
  finalize a proposed rule described in subsection (b), not later than 15 
  days after posting the link under subsection (c), the head of the 
  agency shall--
              (1) certify in writing that, in the opinion of the head of 
          the agency, the rule does not violate the 10th Amendment;
              (2) include in the certification the full legal reasoning 
          supporting that opinion; and
              (3) prominently post the certification on the front page of 
          the Web site of the agency next to the links to the legal 
          briefs pertaining to the rule posted under subsection (c).
      (e) Notice to Officials of Other States.--Not later than 15 days 
  after the date on which a designated State official submits a brief 
  under subsection (b), the head of the agency proposing the rule shall 
  give notice to each designated State official of each State that the 
  brief was submitted.
      (f) Actions by State Officials.--
              (1) Commencement of action.--At any time after the head of 
          an agency posts a certification under subsection (d) that a 
          rule does not violate the 10th Amendment, a designated State 
          official may commence a civil action against the agency on the 
          grounds that the rule of the agency violates the 10th 
          Amendment.
              (2) Venue and jurisdiction.--If a designated State official 
          decides to commence an action under paragraph (1), in addition 
          to any other venue or jurisdiction that may be provided by law, 
          the official may bring the action in the district court of the 
          United States for the district in which the place of business 
          of the official is located, which shall be a proper venue for 
          the action and the court shall have jurisdiction of the action.
              (3) Expedited appeal.--Upon the filing of a notice of 
          appeal by a designated State official who is a party to an 
          action described in paragraph (1) brought in a district court 
          of the United States, the appropriate court of appeals of the 
          United States shall grant expedited review of a decision by the 
          district court in the action.
target: Restoring the 10th Amendment Act   Authorizes a designated state official to submit to the head of a federal agency proposing a rule, during the period when the proposed rule is open for public comment, a legal brief challenging the constitutionality of the rule under the Tenth Amendment to the Constitution.  Directs the agency head: (1) to notify the designated official of each state within 15 days after such a brief was submitted; (2) to post prominently on the front page of the agency's website a link to the brief; and (3) within 15 days after posting such link, to certify in writing that such rulemaking does not violate the Tenth Amendment and post the certification prominently on the agency's website next to the briefs pertaining to the rule, unless the agency determines not to finalize such proposed rule. Authorizes a designated state official, at any time after an agency head posts such a certification, to commence a civil action against the agency on the grounds that the rule violates the Tenth Amendment. Permits such state official, in addition to any other venue or jurisdiction provided by law, to bring such action in the U.S. district court for the district in which the official's place of business is located.  Directs the appropriate U.S. court of appeals, upon the filing of a notice by a designated state official, to grant expedited review of a decision by the district court in such an action.
feat_title: Restoring the 10th Amendment Act