I 
111TH CONGRESS 
2D SESSION 
H. R. 4946 
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 
MARCH 25, 2010 
Mr. COLE (for himself and Mr. ROONEY) 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 ‘‘10th Amendment Reg-
ulatory Reform Act’’. 
SEC. 2. FINDINGS. 
The Congress finds: 
(1) The 10th article of amendment to the Con-
stitution of the United States (hereinafter in this 
section referred to as the ‘‘10th Amendment’’) , rati-
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fied 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 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 of America and each sov-
ereign 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 safe-
guard the 10th Amendment and to recognize that it 
is as vital and valuable today as on the date of its 
ratification. 
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SEC. 3. SPECIAL STANDING FOR CERTAIN STATE OFFI-
CIALS 
TO 
CHALLENGE 
FEDERAL 
RULE-
MAKING 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 com-
ment, 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 prominently post on the agency’s primary 
Web page, in such a manner that it is immediately notice-
able to those who visit that Web site, a link to each brief 
submitted under subsection (a). 
(c) RESPONSE BY FEDERAL AGENCY.—Unless the 
Federal agency determines not to carry into effect the pro-
posed 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 ar-
ticle of amendment to the Constitution and include 
in that certification a full and complete written 
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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 sub-
section (b). 
(d) NOTICE TO OTHER STATES’ OFFICIALS.—Not 
later than 15 days after a designated State official sub-
mits 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 de-
cides 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 des-
ignated State official who is a party in the case, the rel-
evant United States Court of Appeals shall grant expe-
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dited 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 speak-
er, majority leader, or minority leader, of the State 
legislature or any House thereof. 
Æ 
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