[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 433 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 433

 To require Congress and the President to fulfill their Constitutional 
         duty to take personal responsibility for Federal laws.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 1997

 Mr. Brownback (for himself, Mr. Kyl, Mr. Allard, Mr. Coats, Mr. Enzi, 
 Mr. Hagel, and Mr. Sessions) introduced the following bill; which was 
    read twice and referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To require Congress and the President to fulfill their Constitutional 
         duty to take personal responsibility for Federal laws.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Responsibility Act of 
1997''.

SEC. 2. PURPOSE.

    The purposes of this Act are to--
            (1) promote compliance with Article I of the United States 
        Constitution, which--
                    (A) grants legislative powers solely to Congress; 
                and
                    (B) ensures that Federal regulations will not take 
                effect unless passed by a majority of the members of 
                the Senate and House of Representatives and signed by 
                the President, or that the members of the Senate and 
                House of Representatives override the President's veto;
            (2) end the practice whereby Congress delegates its 
        responsibility for making laws to unelected, unaccountable 
        officials of the executive branch;
            (3) require that regulations proposed by agencies of the 
        executive branch be affirmatively enacted by Congress before 
        becoming effective; and
            (4) provide a more democratic and accountable Congress and 
        protect the public from regulations for which elected, 
        accountable officials are unwilling to take responsibility.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 551(1) of title 5, United States Code.
            (2) Regulation.--The term ``regulation'' has the meaning 
        given the term ``rule'' in section 551(4) of title 5, United 
        States Code, except that such term does not include--
                    (A) any regulation of particular applicability; or
                    (B) any interpretative rule, general statement of 
                policy, or any regulation of agency organization, 
                personnel, procedure, or practice.

SEC. 4. ENACTMENT OF AGENCY REGULATIONS.

    (a)  Congressional Approval.--A regulation shall not take effect 
before the date of the enactment of a bill described in section 5(a) 
comprised solely of the text of the regulation.
    (b)  Agency Report.--Whenever an agency promulgates a regulation, 
the agency shall submit to each House of Congress a report containing 
the text of the proposed regulation and an explanation of the proposed 
regulation. The explanation shall consist of the concise general 
statement of the basis and purpose of the regulation required by 
section 553 of title 5, United States Code and such explanatory 
documents as are mandated by other statutory requirements.

SEC. 5. EXPEDITED CONGRESSIONAL PROCEDURES FOR AGENCY REGULATIONS.

    (a) Introduction.--Not later than three legislative days after the 
date on which an agency submits a report under section 4(b), the 
Majority Leader of each House of Congress shall introduce (by request) 
a bill comprised solely of the text of the regulation contained in the 
report. If such a bill is not introduced in a House of Congress as 
provided in the preceding sentence, then any Member of that House may 
introduce such a bill.
    (b) Bill.--For purposes of this section, the term ``bill'' means a 
bill of the two Houses of Congress, the matter after the enacting 
clause of which is as follows: ``The following agency regulations are 
hereby approved and shall have the force and effect of law:'' (the text 
of the regulations being set forth after the semicolon).
    (c) Referral and Consideration.--(1) A bill described in subsection 
(b) shall not be referred to a committee.
    (2) It is in order for any Member of the respective House to move 
to proceed to the consideration of the bill. A Member may make the 
motion only on the day after the calendar day on which the Member 
announces to the House concerned the Member's intention to make the 
motion. All points of order against the bill (and against consideration 
of the bill) are waived. The motion is highly privileged in the House 
of Representatives and is privileged in the Senate and is not 
debatable. The motion is not subject to amendment, or to a motion to 
postpone, or to a motion to proceed to the consideration of other 
business. A motion to reconsider the vote by which the motion is agreed 
to or disagreed to shall not be in order. If a motion to proceed to the 
consideration of the bill is agreed to, the respective House shall 
immediately proceed to consideration of the bill without intervening 
motion, order, or other business, and the bill shall remain the 
unfinished business of the respective House until disposed of.
    (3) Debate on the bill, and on all debatable motions and appeals in 
connection therewith, shall be limited to not more than one hour, which 
shall be divided equally between those favoring and those opposing the 
bill. An amendment to the bill is not in order. A motion further to 
limit debate is in order and not debatable. A motion to postpone, or a 
motion to proceed to the consideration of other business, or a motion 
to recommit the bill is not in order. A motion to reconsider the vote 
by which the bill is agreed to or disagreed to is not in order.
    (4) Appeals from the decisions of the Chair relating to the 
application of the regulations of the Senate or the House of 
Representatives, as the case may be, to the procedure relating to the 
bill shall be decided without debate.
    (d) Final Passage.--A vote on final passage of a bill described in 
subsection (b) shall be taken in a House of Congress on or before the 
close of the 60th calendar day after the date of the introduction of 
the bill in that House.
    (e) Exception.--A motion to suspend the application of subsections 
(c) and (d) is in order in either House of Congress and shall be 
considered as passed or agreed to by a vote of a majority of the 
Members voting. Upon the passage of such a motion, the bill shall be 
considered in the same manner as other bills.
    (f) Treatment if the Other House Has Acted.--(1) If, before the 
passage by one House of a bill introduced in that House described in 
subsection (b), that House receives from the other House a bill 
described in subsection (b) comprised of the same text, then:
            (A) The bill of the other House shall not be referred to a 
        committee and may not be considered in the House receiving it 
        except in the case of final passage as provided in subparagraph 
        (B)(ii).
            (B) With respect to a bill described in subsection (b) of 
        the House receiving the bill--
                    (i) the procedure in that House shall be the same 
                as if no bill had been received from the other House; 
                but
                    (ii) the vote on final passage shall be on the bill 
                of the other House.
    (2) Upon disposition of the bill received from the other House, it 
shall no longer be in order to consider the bill that originated in the 
receiving House.
    (g) Rules of Senate and House of Representatives.--This section is 
enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a bill, and it supersedes other rules 
        only to the extent that it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner and to 
        the same extent as in the case of any other rule of that House.

SEC. 6. JUDICIAL REVIEW.

    A regulation contained in a bill enacted pursuant to this Act is 
not an agency action for the purpose of judicial review under chapter 7 
of title 5, United States Code.

SEC. 7. EFFECTIVE DATE.

    This Act shall apply to agency regulations promulgated after the 
date of the enactment of this Act.
                                 <all>