[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 105 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 105
To require Congress and the President to fulfill their constitutional
duty to take personal responsibility for Federal laws.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2001
Mr. Hayworth introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Rules,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
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
2001''.
SEC. 2. PURPOSE.
The purpose of this Act is to promote compliance with Article I of
the United States Constitution, which grants legislative powers solely
to Congress. Article I 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. This Act ends the practice whereby Congress delegates
its responsibility for making laws to unelected, unaccountable
officials of the executive branch and requires that regulations
proposed by agencies of the executive branch be affirmatively enacted
by Congress before they become effective. The Act will result in a more
democratic and accountable Congress and protect the public from
regulations for which elected, accountable officials are unwilling to
take responsibility.
SEC. 3. 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 4(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 their basis and purpose required by section 553 of title
5, United States Code and such explanatory documents as are mandated by
other statutory requirements.
SEC. 4. EXPEDITED CONGRESSIONAL PROCEDURES FOR AGENCY REGULATIONS.
(a) Introduction.--Not later than 3 legislative days after the date
on which an agency submits a report under section 3(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, 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, 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); and
(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.
SEC. 5. 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. 6. EFFECTIVE DATE.
This Act shall apply to agency regulations promulgated after the
date of the enactment of this Act.
SEC. 7. 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.
<all>