S. 1842 · 112th Congress
Restoring the 10th Amendment Act
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Never voted on. It didn't reach a floor vote before the 112th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
R
WickerSponsorNo cosponsors.
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.
What it does: CRS summary · Introduced in Senate · Nov 10, 2011
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.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Restoring the 10th Amendment Act
Latest action (Nov 10, 2011): Read twice and referred to the Committee on the Judiciary.
Policy area: Law · Origin: Senate · Introduced: Nov 10, 2011
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.