[Congressional Record Volume 147, Number 68 (Thursday, May 17, 2001)]
[Senate]
[Pages S5121-S5122]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BROWNBACK (for himself, Mr. Allard, Mr. Helms, Mr. 
        Hutchinson, Mr. Inhofe, Mr. Sessions, and Mr. Shelby):
  S. 908. 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.
  Mr. BROWNBACK. Mr. President, today I am introducing the 
Congressional Responsibility Act of 2001. The underlying principle of 
this legislation is that the Constitution forbids the delegation of 
legislative powers to any other branch of government.
  Following the preamble to the Constitution, Article I, Section 1 
begins: ``All legislative powers herein granted shall be vested in a 
Congress.'' The Founders clearly believed that this included the power 
to regulate, as they had noted John Locke's wise admonition that, ``the 
legislative [branch] cannot transfer the power of making law to any 
other hands.'' They understood that if this transfer did occur, 
legislators would no longer be responsible for the laws that government 
imposes on the people.
  Throughout the late eighteenth century and the entire nineteenth 
century, in fact for the first 150 years of our republic, the Supreme 
Court held that the transfer of legislative powers to another branch of 
government was unconstitutional. Unfortunately, in the late 1920's a 
radical break with the Constitution, and established precedent in 
previous Supreme Court rulings, occurred with the landmark case, J.W. 
Hampton, Jr. & Co. v. United States. This was, essentially, a ruling in 
favor of political expediency, and it started Congress down a slippery 
slope. Since the Hampton case, Congress has ceded its basic legislative 
responsibilities to executive branch agencies that craft and enforce 
regulations, which have the full force of law.
  Consequently, our constituents can be taxed, fined, and even 
imprisoned without any congressional action. This is unjust. The 
Founders purposefully designed the Congress to be the most accountable 
branch of government, but Congress has grown increasingly 
irresponsible. The fundamental link between voter and lawmaker has been 
severed. A handful of broadly written laws has spawned a virtual 
alphabet soup of government agencies and an overwhelming regulatory 
burden that undermines the very idea of representative government. 
During the 106th Congress, 2,510 new rules and revisions of old rules 
went into effect. Of these, 75 were considered to be major rules--or 
rules with an impact of $100 million or more. The case has become so 
egregious that many regulatory analysts believe more consequential law 
is generated in the executive branch than in the legislative branch.
  The bottom line is that the executive branch has assumed the law-
making authority given to the Congress. This is wrong.
  The Congressional Responsibility Act would restore the constitutional 
responsibility of the Congress over the formulation of all laws by 
making executive branch agencies accountable to the American people 
through their elected representatives in Congress. In

[[Page S5122]]

short, it would return power to Congress, and ultimately it would 
return power to the people who elect us.
  Under the Congressional Responsibility Act all rules and regulations 
would have to come before the Congress prior to being enacted into law. 
Congress would then be required to have an up or down vote on the 
proposed rule or regulation before it could take effect. The bill 
provides for consideration of rules and regulations in an expedited 
manner, unless a majority of Members vote to send it through the normal 
legislative process. Under the bill, if Congress did not take action on 
the rule, then it would die by default. This approach not only puts 
Congress back in control of the legislative process, it also ends the 
horrendous practice of delegation without representation--and it makes 
Congress accountable for the laws that affect the lives of every 
American. It is about returning power, responsibility and authority 
back to Congress.
  This non-partisan, ideologically neutral concept was first offered by 
then Judge Stephen Breyer who wrote that we should end delegation as a 
means to satisfy ``the literal wording of the Constitution's bicameral 
and presentation clauses.'' The concept offered in the Congressional 
Responsibility Act also takes into account the Supreme Court's 1983 
decision in INS v. Chadha, which held a one-house veto to be 
unconstitutional. Other supporters of this concept include Judge Robert 
Bork; David Schoenbrod, a professor at New York Law School; and 
numerous other constitutional scholars.
  The Constitution suffered greatly in the twentieth century. Now, at 
the beginning of the twenty-first century, we have a tremendous 
opportunity to restore the Constitution to its rightful preeminence as 
the guarantor of our freedoms, the protector of our liberties, and the 
guiding force for our form of government.
  Delegation of legislative powers is as wrong today as taxation 
without representation was in the 1700s. With enactment of this 
legislation, we will send a clear message to the bureaucrats in 
Washington and to the American people at home: Congress must not 
delegate its constitutionally-granted powers.
  Mrs. LINCOLN. Mr. President, the Wildlife Services Division of the 
United States Department of Agriculture needs assistance in expediting 
proper bird management activities. I am here today to introduce 
legislation that accomplishes this goal.
  Proper migratory bird management is important to the State of 
Arkansas for a number of reasons. We are deemed ``The Natural State'' 
due to the numerous outdoor recreational opportunities that exist in 
the State. Fishing, hunting, and bird watching opportunities abound 
throughout Arkansas. Maintaining proper populations of wildlife, 
especially migratory birds, is essential for sustaining a balanced 
environment.
  In Arkansas, aquaculture production has taken great strides in recent 
years. The catfish industry in the State has grown rapidly and Arkansas 
currently ranks second nationally in acreage and production of catfish. 
The baitfish industry is not far behind, selling more than 15 million 
pounds of fish annually, with a cash value in excess of $43 million. I 
have been a great supporter of this industry since my days in the House 
of Representatives and I am concerned about the impact the double 
breasted cormorant is having on this industry. In the words of one of 
my constituents, ``The double-crested cormorant has become a natural 
disaster!'' I am pleased that the Fish and Wildlife Service has agreed 
to develop a national management plan for the double breasted cormorant 
and I am hopeful that an effective management program will be the 
result of these efforts.
  One of my top priorities since coming to Congress in 1992 has been to 
work to make government more efficient and effective. To specifically 
address what I see as an inequity among government agencies regarding 
this issue, I am introducing a bill today that gives Wildlife Service 
employees as much authority to manage and take migratory birds as any 
U.S. Fish and Wildlife Service employee. After all, Wildlife Services 
biologists are professional wildlife managers providing the front line 
of defense against such problems. With this legislation I would like to 
recognize the excellent job that Wildlife Services has done and is 
doing for bird management.
  Currently, USDA-Wildlife Services is required to apply for and 
receive a permit from the U.S. Fish and Wildlife Service before they 
can proceed with any bird collection or management activities. This 
process is redundant and unnecessary. Oftentimes, Wildlife Services 
finds that by the time a permit arrives, the birds for which the permit 
was applied for are already gone. I hope that this legislation will 
lead to a more streamlined effort for management purposes and I urge 
both agencies, USDA and the Fish and Wildlife Service, to work together 
to accomplish this goal.
  I would like to thank my colleague from Arkansas, Senator Tim 
Hutchinson, for joining me in this effort and look forward to working 
with my colleagues to ensure that government is operating efficiently.
                                 ______