Skip to main content
S 1842 112th Congress Senate Law Administrative law and regulatory procedures Administrative remedies Civil actions and liability Constitution and constitutional amendments Federal district courts Intergovernmental relations Judicial review and appeals Jurisdiction and venue State and local government operations

Restoring the 10th Amendment Act

Introduced: November 10, 2011 Introduced by: Wicker, Roger F. Republican · Mississippi See on congress.gov
Sign in to write a letter Sign in to watch
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Nov 10, 2011
Read twice and referred to the Committee on the Judiciary.
Nov 10, 2011
Introduced in Senate
 Plain-English summary Congressional Research Service

Restoring the 10th Amendment Act - Authorizes a designated state official to file with the head of a federal agency proposing a rule, during the period when the proposed rule is required to be open for public comment, a legal brief challenging the constitutionality of the rule under the Tenth Amendment.

Directs the agency head: (1) to notify the designated official of each state within 15 days after such a brief is filed; (2) to post prominently on 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 it will not put the proposed rule into effect.

Authorizes a state official who decides to challenge a federal rule on the grounds that it violates the Tenth Amendment to elect to file a legal action in U.S. district court for the district in which the official's place of business is located. Directs the relevant U.S. Court of Appeals, at the request of a designated state official, to grant expedited review of a decision by a district court in such a case.

What's happening now November 10, 2011

Read twice and referred to the Committee on the Judiciary.

 Committees of jurisdiction 1