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Dan Benishek on The Tenth Amendment
Sponsored and Cosponsored Legislation
Session-112; Bill Number-H R 455; 10th Amendment Regulatory Reform Act - Cosponsor
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 primary Web page a link to the brief within 10 days after such brief is filed; 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 front page of the agency's website, 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.