,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #djdg  ,,in ,,the ,,house ,,of  
,,representatives  ,february #aa1 #bjad 
,mr4 ,culberson introduced the following
 bill2 which was referred to the        
,committee on the ,judiciary  ,a ,,bill 
,to protect #ajth ,amendment rights by  
providing special standing for ,state   
government officials to challenge       
proposed regulations1 and for other     
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,restoring the #ajth
 ,amendment ,act4  #b4 ,findings ,the   
,congress finds3  7#a7 ,the #ajth       
,amendment to the ,constitution of the  
,united ,states 7referred to in this    
,act as the #ajth ,amendment71 ratified 
on ,december #ae1 #agia1 provides1 ,the 
powers not delegated to the ,united     
,states by the ,constitution1 nor       
prohibited by it to the ,states1 are    
reserved to the ,states respectively1 or
 to the people44  7#b7 ,the #ajth       
,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  
not4  7#c7 ,the #ajth ,amendment        
reflects the opposition of the ,founding
 ,fathers to a ,federal ,government with
 expansive powers1 their intention for  
the powers of the ,states to act as a   
check on those of the ,federal          
,government1 and their concern that the 
,federal ,government would attempt to   
usurp powers intended to remain with the
 ,states4  7#d7 ,james ,madison1 in ,the
 ,federalist ,no4 #de1 wrote1 ,the      
powers delegated by the proposed        
,constitution to the federal government 
are few and defined4 ,those which are to
 remain in the ,state governments are   
numerous and indefinite44  7#e7 ,the    
,supreme ,court1 in ,united ,states v4  
,sprague1 #bhb ,u4,s4 #gaf 7#aica71     
noted1 ,the ,tenth ,amendment was       
intended to confirm the understanding of
 the people at the time the             
,constitution was adopted1 that powers  

not granted to the ,united ,states were 
reserved to the ,states or to the       
people44  7#f7 ,the ,supreme ,court1 in 
,fry v4 ,united ,states1 #dba ,u4,s4    
#edb 7#aige71 also noted1 ,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 system44  7#g7 ,the ,executive  
departments and agencies of the ,federal
 ,government often promulgate           
regulations contrary to the spirit and  
letter of the #ajth ,amendment4  7#h7   
,the #ajth ,amendment assures that the  
people of the ,united ,states1 and each 
sovereign ,state in the ,union of       
,states1 have1 and have always had1     
rights that the ,federal ,government may
 not usurp4  7#i7 ,congress has the     
responsibility to safeguard the #ajth   
,amendment and to recognize that it is  
as vital and valuable today as on the   
date of its ratification4  #c4 ,special 

standing for certain ,state officials to
 challenge ,federal rulemaking as a     
violation of the #ajth ,amendment  7a7  
,definitions ,in this section--  7#a7   
the term agency has the meaning given   
that term in section #eea of title #e1  
,united ,states ,code2  7#b7 the term   
designated ,state official means1 with  
respect to a ,state--  7,a7 the chief   
executive of the ,state2  7,b7 the      
lieutenant governor or equivalent       
officer of the ,state2  7,c7 the chief  
legal officer of the ,state2 or  7,d7 a 
legislative leader of the ,state2  7#c7 
the term legislative leader means a     
speaker1 majority leader1 or minority   
leader1 of a ,state legislature or any  
,house thereof2 and  7#d7 the term rule 
has the meaning given that term in      
section #eea of title #e1 ,united       
,states ,code4  7b7 ,submission of legal
 brief ,during any period during which a
 proposed rule is open for public       
comment under chapter #e of title #e1   
,united ,states ,code1 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 #ajth   
,amendment4  7c7 ,duty of ,federal      
official ,to post link to the brief ,the
 head of the agency proposing a rule    
described in subsection 7b7 shall       
prominently post on the front page of   
the ,web site of the agency1 in such a  
manner that it is immediately noticeable
 to individuals who visit that ,web     
site1 a link to each brief submitted    
under subsection 7b74  7d7 ,response by 
,federal agency ,unless an agency       
determines not to finalize a proposed   
rule described in subsection 7b71 not   
later than #ae days after posting the   
link under subsection 7c71 the head of  
the agency shall--  7#a7 certify in     
writing that1 in the opinion of the head
 of the agency1 the rule does not       
violate the #ajth ,amendment2  7#b7     
include in the certification the full   
legal reasoning supporting that opinion2

 and  7#c7 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 7c74   
7e7 ,notice to officials of other       
,states ,not later than #ae days after  
the date on which a designated ,state   
official submits a brief under          
subsection 7b71 the head of the agency  
proposing the rule shall give notice to 
each designated ,state official of each 
,state that the brief was submitted4    
7f7 ,actions by ,state officials  7#a7  
,commencement of action ,at any time    
after the head of an agency posts a     
certification under subsection 7d7 that 
a rule does not violate the #ajth       
,amendment1 a designated ,state official
 may commence a civil action against the
 agency on the grounds that the rule of 
the agency violates the #ajth           
,amendment4  7#b7 ,venue and            
jurisdiction ,if a designated ,state    
official decides to commence an action  

under paragraph 7#a71 in addition to any
 other venue or jurisdiction that may be
 provided by law1 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 located1 which shall be a   
proper venue for the action and the     
court shall have jurisdiction of the    
action4  7#c7 ,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 7#a7 brought in a district    
court of the ,united ,states1 the       
appropriate court of appeals of the     
,united ,states shall grant expedited   
review of a decision by the district    
court in the action4