[Congressional Record Volume 143, Number 31 (Wednesday, March 12, 1997)]
[Senate]
[Pages S2215-S2216]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BROWNBACK (for himself, Mr. Kyl, Mr. Allard, Mr. Coats, 
        Mr. Enzi, Mr. Hagel, and Mr. Sessions):
  S. 433. A bill to require Congress and the President to fulfill their 
Constitutional duty to take personal responsibility for Federal laws; 
to the Committee on Governmental Affairs.


              the congressional responsibility act of 1997

 Mr. BROWNBACK. Mr. President, I introduce a piece of 
legislation that is being cosponsored by five of my colleagues. This 
legislation is the Congressional Responsibility Act of 1997.
  But first of all I would like to recognize the tremendous work of 
Congressman J.D. Hayworth in pushing this legislation during the last 
Congress. As leader of the Constitutional Caucus J.D. has worked hard 
to return to Congress its constitutionally granted authority over the 
lawmaking process, and it is a privilege to be able to work with him on 
this legislation during the 105th. Congressman J.D. Hayworth will 
introduce the Congressional Responsibility Act of 1997 along with 30 of 
his House colleagues in the U.S. House of Representatives later today.
  I believe the Congressional Responsibility Act of 1997 will provide a 
powerful tool in returning to Congress the constitutional 
responsibility it has abdicated for much of this century to 
unaccountable executive branch bureaucrats.
  Ultimately this bill is about returning the constitutional 
responsibility of Congress back to the Congress.
  Article I, section 1 of the Constitution states, ``All legislative 
powers herein granted shall be vested in a Congress.''
  I believe that for too long Congress has ignored this provision by 
purposely writing excessively broad laws that are left not to Congress 
for interpretation but instead to unaccountable bureaucrats. As it 
stands now; Congress writes a law, an executive branch agency then 
interprets the law and promulgates regulations, and then the agency 
enforces the regulation. The agency in effect becomes both the maker 
and the enforcer of law.
  This is wrong.
  I agree with Madison, who wrote in the Federalist Papers that the 
consolidation of power into one branch of government is tyrannical.
  This type of consolidation separates the American people from the 
process of lawmaking by separating the Congress from the promulgation 
of rules and regulations.
  Taxation without representation was the charge levied at the British 
Government at the birth of our country. I believe a new charge levied 
at our own Government is regulation without representation. I believe 
it is a charge that we must answer.
  The American people have a right to be heard in the lawmaking 
process; and we have a constitutional responsibility to make the law. 
Congress cannot and must not continue to carelessly delegate its 
authority away to executive branch agencies. In fact, it must take back 
that which it has already given away.
  We must be responsible.
  My bill will make us responsible. The Congressional Responsibility 
Act of 1997 will force Congress to vote on the rules and regulations 
promulgated by executive branch agencies before the rules and 
regulations can take effect.
  Some will argue that this process will place an increased burden on 
the Congress who, they argue, already has little enough time to 
consider all the issues that come before it. This is an understandable 
concern.
  The obvious answer is that regardless of the time burden it is still 
our constitutional responsibility to oversee the lawmaking process.
  But our bill does address some of these concerns. For example, our 
bill will require Congress to vote on every proposed rule or regulation 
in an expedited manner, unless a majority of Members vote to send it 
through the normal legislative process. Under the expedited procedure 
the majority leader of both Houses, by request, must submit a bill 
comprised of the text of the regulation for consideration. The bill 
must then come before the respective Chamber for a vote within 60 days 
with debate limited to 1 hour and not amendable. If the bill is sent 
through the normal legislative process it is amendable. If the bill is 
not introduced the regulation is effectively killed. Congress must act 
for the regulation to take effect.
  It is our responsibility to represent our constituents, to create a 
better Government, and to ensure the integrity of our democracy by 
always striving to give those who don't have a voice, a voice. It is 
our duty--it is what we were sent here to do.
  Constitutional experts from across the country have expressed their 
strong support for this legislation.
  Judge Robert Bork and Stephen Breyer have both expressed support for 
this issue. As well Professor David Schoenbrod at New York Law School 
and Professor Marci Hamilton at Cardozo have written letters strongly 
recommending that we adopt this bill and reassert our constitutional 
responsibility over the creation of laws. KU law professors Henry 
Butler and Steve McCallister have signed on as well. Professor John 
Hart Eli of the University of Miami has endorsed this bill as well.
  This is a bipartisan concept that has, in the past, enjoyed the 
support of people like Senator Bill Bradley, and Nadine Strossen, 
president of the ACLU. Judge Robert Bork has expressed his support for 
this concept as well.
  It is my sincere hope that Congress will act as it ought to act and 
in so doing pass the Congressional Responsibility Act of 1997 and once 
and for all return to Congress the authority it should have never given 
away.
  I urge speedy consideration of this timely and vitally important 
piece of legislation.
 Mr. HAGEL. Mr. President, I rise today as an original 
cosponsor of the Congressional Responsibility Act. I commend my 
distinguished colleague from Kansas, Senator Brownback, for his 
leadership on this matter.
  This legislation is an important step toward restoring the intent of 
our Constitution's framers that Congress--not the executive branch--
makes the law. For too long, unelected bureaucrats in Federal 
departments and agencies have issued rules and regulations that have 
the force of law but that have never been deliberated by the people's 
elected representatives in Congress. That's not democracy. That's not 
accountability. America is not supposed to work that way.
  We all know stories of Federal regulations run amok. We know of rules 
that make no sense, of regulations whose costs far outweigh their 
benefits, of rules that either don't solve the problem or prove worse 
than doing nothing at all.
  Time and again, these senseless regulations hurt real people--people 
who expect accountability from their Government. Regulations have 
become one of the largest burdens on America's small businesses, 
farmers, ranchers, and private property owners. If Americans are to 
maintain faith in our democracy, the onslaught of regulation must be 
stopped.
  Of course, Congress is not perfect either--but at least we are 
accountable to the people. That is why the Framers intended that 
Congress would make laws, and the executive branch would only carry 
them out. Regulatory agencies should interpret the laws passed by 
Congress--not make laws of their

[[Page S2216]]

own. That is why we need to restore the Constitution's intended 
separation of powers.
  This legislation would do just that. It would prevent any Federal 
regulation from taking effect until Congress votes on it. In essence, 
it transforms the Federal regulators into Federal advisors--suggesting 
regulations that Congress may or may not approve.
  Last year, Congress enacted the Congressional Review Act, which 
permitted Congress to review major Federal regulations. That was an 
important first step. This legislation we are introducing today goes a 
step beyond that--it requires Congress to approve all federal 
regulations. If Congress does not approve, the regulators cannot 
regulate.
  Mr. President, this bill is an important tool to return 
accountability to the regulatory process. This is about cutting 
Government and renewing the basic principle of our democracy--that the 
people, through their elected representatives, control the Government, 
and not the other way around.
  I am proud to be an original cosponsor of this legislation, and I 
urge all of my colleagues to support it.
                                 ______