I 
113TH CONGRESS 
2D SESSION 
H. R. 4047 
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 
FEBRUARY 11, 2014 
Mr. CULBERSON 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 pro-
posed regulations, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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, 
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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 respec-
tively, or to the people.’’. 
(2) The 10th Amendment expressly limits the 
powers of the Federal Government to those dele-
gated by the Constitution and reaffirms and protects 
the freedom of the States to exercise those that are 
not. 
(3) The 10th Amendment reflects the opposi-
tion of the Founding Fathers to a Federal Govern-
ment 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 Con-
stitution to the federal government are few and de-
fined. Those which are to remain in the State gov-
ernments 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 under-
standing of the people at the time the Constitution 
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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 pol-
icy that Congress may not exercise power in a fash-
ion 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 regula-
tions contrary to the spirit and letter of the 10th 
Amendment. 
(8) The 10th Amendment assures that the peo-
ple 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 ratifi-
cation. 
SEC. 3. SPECIAL STANDING FOR CERTAIN STATE OFFI-
CIALS 
TO 
CHALLENGE 
FEDERAL 
RULE-
MAKING AS A VIOLATION OF THE 10TH 
AMENDMENT. 
(a) DEFINITIONS.—In this section— 
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(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 speak-
er, 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 pe-
riod during which a proposed rule is open for public com-
ment 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 con-
stitutionality of the proposed rule under the 10th Amend-
ment. 
(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 
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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 sub-
section (b). 
(d) RESPONSE BY FEDERAL AGENCY.—Unless an 
agency determines not to finalize a proposed rule de-
scribed 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 rea-
soning 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.— 
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