I

104TH CONGRESS

1ST SESSION H. R. 2727

To require Congress and the President to fulfill their Constitutional duty

to take personal responsibility for Federal laws.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 6, 1995

Mr. HAYWORTH (for himself, Mr. CUNNINGHAM, Mr. DOOLITTLE, Mr. HANSEN, Mr. HEINEMAN, Mr. KINGSTON, Mr. SALMON, Mr. SOLOMON, Mr.

SPENCE, Mr. TAUZIN, and Mr. YOUNG of Alaska) 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Congressional Respon5 sibility Act of 1995’’.
2

•HR 2727 IH

1 SEC. 2. PURPOSE.

2 The purpose of this Act is to promote compliance

3 with Article I of the United States Constitution, which

4 grants legislative powers solely to Congress. Article I en5 sures that Federal regulations will not take effect unless

6 passed by a majority of the members of the Senate and

7 House of Representatives and signed by the President, or

8 that the members of the Senate and House of Representa9 tives override the President’s veto. This Act ends the prac10 tice whereby Congress delegates its responsibility for mak11 ing regulations to unelected, unaccountable officials of the

12 executive branch and requires that regulations proposed

13 by agencies of the executive branch be affirmatively en14 acted by Congress before they become effective. The Act

15 will result in a more democratic and accountable Congress

16 and protect the public from regulations for which elected,

17 accountable officials are unwilling to take responsibility.

18 SEC. 3. ENACTMENT OF AGENCY REGULATIONS.

19 (a) CONGRESSIONAL APPROVAL.—A regulation shall

20 not take effect before the date of the enactment of a bill

21 described in section 4(a) comprised solely of the text of

22 the regulation.

23 (b) AGENCY REPORT.—Whenever an agency promul24 gates a regulation, the agency shall submit to each House

25 of Congress a report containing the text of the proposed

26 regulation and an explanation of the proposed regulation.
3

•HR 2727 IH

1 The explanation shall consist of the concise general state2 ment of their basis and purpose required by section 553

3 of title 5, United States Code and such explanatory docu4 ments as are mandated by other statutory requirements.

5 SEC. 4. EXPEDITED CONGRESSIONAL PROCEDURES FOR

6 AGENCY REGULATIONS.

7 (a) INTRODUCTION.—Not later than three legislative

8 days after the date on which an agency submits a report

9 under section 3(b), the Majority Leader of each House of

10 Congress shall introduce (by request) a bill comprised sole11 ly of the text of the regulation contained in the report.

12 If such a bill is not introduced in a House of Congress

13 as provided in the preceding sentence, then any Member

14 of that House may introduce such a bill.

15 (b) BILL.—For purposes of this section, the term

16 ‘‘bill’’ means a bill of the two Houses of Congress, the

17 matter after the enacting clause of which is as follows:

18 ‘‘The following agency regulations are hereby approved

19 and shall have the force and effect of law:’’ (the text of

20 the regulations being set forth after the semicolon).

21 (c) REFERRAL AND CONSIDERATION.—(1) A bill de22 scribed in subsection (b) shall not be referred to a commit23 tee.

24 (2) It is in order for any Member of the respective

25 House to move to proceed to the consideration of the bill.
4

•HR 2727 IH

1 A Member may make the motion only on the day after

2 the calendar day on which the Member announces to the

3 House concerned the Member’s intention to make the mo4 tion. All points of order against the bill (and against con5 sideration of the bill) are waived. The motion is highly

6 privileged in the House of Representatives and is privi7 leged in the Senate and is not debatable. The motion is

8 not subject to amendment, or to a motion to postpone,

9 or to a motion to proceed to the consideration of other

10 business. A motion to reconsider the vote by which the

11 motion is agreed to or disagreed to shall not be in order.

12 If a motion to proceed to the consideration of the bill is

13 agreed to, the respective House shall immediately proceed

14 to consideration of the bill without intervening motion,

15 order, or other business, and the bill shall remain the un16 finished business of the respective House until disposed

17 of.

18 (3) Debate on the bill, and on all debatable motions

19 and appeals in connection therewith, shall be limited to

20 not more than one hour, which shall be divided equally

21 between those favoring and those opposing the bill. An

22 amendment to the bill is not in order. A motion further

23 to limit debate is in order and not debatable. A motion

24 to postpone, or a motion to proceed to the consideration

25 of other business, or a motion to recommit the bill is not
5

•HR 2727 IH

1 in order. A motion to reconsider the vote by which the

2 bill is agreed to or disagreed to is not in order.

3 (4) Appeals from the decisions of the Chair relating

4 to the application of the regulations of the Senate or the

5 House of Representatives, as the case may be, to the pro6 cedure relating to the bill shall be decided without debate.

7 (d) FINAL PASSAGE.—A vote on final passage of a

8 bill described in subsection (b) shall be taken in a House

9 of Congress on or before the close of the 60th calendar

10 day after the date of the introduction of the bill in that

11 House.

12 (e) EXCEPTION.—A motion to suspend the applica13 tion of subsections (c) and (d) is in order in either House

14 of Congress and shall be considered as passed or agreed

15 to by a vote of a majority of the Members voting. Upon

16 the passage of such a motion, the bill shall be considered

17 in the same manner as other bills.

18 (f) TREATMENT IF THE OTHER HOUSE HAS

19 ACTED.—(1) If, before the passage by one House of a bill

20 introduced in that House described in subsection (b), that

21 House receives from the other House a bill described in

22 subsection (b) comprised of the same text, then:

23 (A) The bill of the other House shall not be re24 ferred to a committee and may not be considered in
6

•HR 2727 IH

1 the House receiving it except in the case of final

2 passage as provided in subparagraph (B)(ii).

3 (B) With respect to a bill described in sub4 section (b) of the House receiving the bill—

5 (i) the procedure in that House shall be

6 the same as if no bill had been received from

7 the other House; but

8 (ii) the vote on final passage shall be on

9 the bill of the other House.

10 (2) Upon disposition of the bill received from the

11 other House, it shall no longer be in order to consider the

12 bill that originated in the receiving House.

13 SEC. 5. DEFINITIONS.

14 For purposes of this Act:

15 (1) AGENCY.—The term ‘‘agency’’ has the

16 meaning given the term in section 551(1) of title 5,

17 United States Code.

18 (2) REGULATION.—The term ‘‘regulation’’ has

19 the meaning given the term ‘‘rule’’ in section 551(4)

20 of title 5, United States Code, except that such term

21 does not include—

22 (A) any regulation of particular applicabil23 ity; or
7

•HR 2727 IH

1 (B) any interpretative rule, general state2 ment of policy, or any regulation of agency or3 ganization, personnel, procedure, or practice.

4 SEC. 6. EFFECTIVE DATE.

5 This Act shall apply to agency regulations promul6 gated after the date of the enactment of this Act.

7 SEC. 7. JUDICIAL REVIEW.

8 A regulation contained in a bill enacted pursuant to

9 this Act is not an agency action for the purpose of Judicial

10 review under chapter 7 of title 5, United States Code.

Æ