I
105TH CONGRESS
2D SESSION
H. R. 4096
To amend title 5, United States Code, to provide for Congressional review
of rules establishing or increasing taxes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 1998
Mr. GEKAS (for himself, Mr. HAYWORTH, Mr. BALLENGER, Mr. BARTLETT
of Maryland, Mrs. BONO, Mr. BRYANT, Mr. BURTON of Indiana, Mr.
CANADY of Florida, Mr. CHABOT, Mrs. CHENOWETH, Mr. COBLE, Mrs.
CUBIN, Mr. DEAL of Georgia, Mr. DUNCAN, Mr. EHRLICH, Mr. ENGLISH
of Pennsylvania, Mr. EWING, Mr. GIBBONS, Mr. GILCHREST, Mr. HAN-
SEN, Mr. HERGER, Mr. HILLEARY, Mr. HOSTETTLER, Mr. ISTOOK, Mr.
JONES, Mrs. KELLY, Mr. KINGSTON, Mr. KOLBE, Mr. LARGENT, Mr.
LAHOOD, Mr. LEWIS of California, Mr. LEWIS of Kentucky, Mr. LINDER,
Mr. MICA, Mr. NEUMANN, Mr. PAXON, Mr. PITTS, Mr. POMBO, Mr.
RADANOVICH, Mr. REDMOND, Mr. SALMON, Mr. SCARBOROUGH, Mr.
BOB SCHAFFER of Colorado, Mr. SESSIONS, Mr. SHADEGG, Mr. SMITH
of Texas, Mr. SMITH of Michigan, Mr. SNOWBARGER, Mr. STUMP, Mr.
TALENT, Mr. THOMAS, Mr. TIAHRT, Mr. WATKINS, and Mr. WATTS of
Oklahoma) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Ways and
Means, and 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 amend title 5, United States Code, to provide for
Congressional review of rules establishing or increasing taxes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Taxpayer’s Defense
Act’’.
SEC. 2. MANDATORY CONGRESSIONAL REVIEW.
Chapter 8 of title 5, United States Code, is amended
by inserting after section 808 the following:
‘‘SUBCHAPTER II—MANDATORY REVIEW OF
CERTAIN RULES
‘‘§ 815. Rules Subject to Mandatory Congressional Re-
view
‘‘A rule that establishes or increases a tax, however
denominated, shall not take effect before the date of the
enactment of a bill described in section 816 and is not
subject to review under subchapter I. This section does
not apply to a rule promulgated under the Internal Reve-
nue Code of 1986.
‘‘§ 816. Agency Submission
‘‘Whenever an agency promulgates a rule subject to
section 815, the agency shall submit to each House of
Congress a report containing the text of the rule and an
explanation of it. An agency shall submit such a report
separately for each such rule it promulgates. The expla-
nation shall consist of the concise general statement of the
rule’s basis and purpose required by section 553 and such
explanatory documents as are mandated by other statu-
tory requirements.
‘‘§ 817. Approval Bill
‘‘(a) INTRODUCTION AND REFERRAL.—
‘‘(1) INTRODUCTION.—Not later than 3 legisla-
tive days after the date on which an agency submits
a report under section 816, the Majority Leader of
each House of Congress shall introduce (by request)
a bill the matter after the enacting clause of which
is as follows: ‘‘The following agency rule is approved
and shall have the force and effect of law:’’. The text
of the agency rule submitted under section 816 shall
be set forth after the colon. If such a bill is not in-
troduced in a House of Congress as provided in the
first sentence of this subsection, any Member of that
House may introduce such a bill not later than 7
legislative days after the period for introduction by
the Majority Leader.
‘‘(2) REFERRAL.—A bill introduced under para-
graph (1) shall be referred to the Committees in
each House of Congress with jurisdiction over the
subject matter of the rule involved.
‘‘(b) PROCEDURE.—
‘‘(1) CONSIDERATION IN THE HOUSE OF REP-
RESENTATIVES.—
‘‘(A) COMMITTEE OR MEMBER ACTION.—
Any committee of the House of Representatives
to which a bill is referred shall report it without
amendment, and with or without recommenda-
tion, not later than the 30th calendar day of
session after the date of its introduction. If any
committee fails to report the bill within that pe-
riod, it is in order to move that the House dis-
charge the committee from further consider-
ation of the bill. A motion to discharge may be
made only by a Member favoring the bill (but
only at a time designated by the Speaker on the
legislative day after the calendar day on which
the Member offering the motion announces to
the House his intention to do so and the form
of the motion). The motion is highly privileged.
Debate thereon shall be limited to not more
than one hour, the time to be divided in the
House equally between the proponent and an
opponent. The previous question shall be con-
sidered as ordered on the motion to its adoption
without intervening motion. A motion to recon-
sider the vote by which the motion is agreed to
or disagreed to shall not be in order.
‘‘(B) HOUSE ACTION.—After a bill is re-
ported or a committee has been discharged
from further consideration, it is in order to
move that the House resolve into the Commit-
tee of the Whole House on the State of the
Union for consideration of the bill. If reported
and the report has been available for at least
one calendar day, all points of order against the
bill and against consideration of the bill are
waived. If discharged, all points of order
against the bill and against consideration of the
bill are waived. The motion is highly privileged.
A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not
be in order. During consideration of the bill in
the Committee of the Whole, the first reading
of the bill shall be dispensed with. General de-
bate shall proceed, shall be confined to the bill,
and shall not exceed one hour equally divided
and controlled by a proponent and an opponent
of the bill. After general debate, the bill shall
be considered as read for amendment under the
five-minute rule. At the conclusion of the con-
sideration of the bill, the Committee shall rise
and report the bill to the House without inter-
vening motion. The previous question shall be
considered as ordered on the bill to final pas-
sage without intervening motion. A motion to
reconsider the vote on passage of the bill shall
not be in order.
‘‘(C) APPEALS.—Appeals from decisions of
the Chair regarding application of the rules of
the House of Representatives to the procedure
relating to a bill shall be decided without de-
bate.
‘‘(2) CONSIDERATION IN THE SENATE.—
‘‘(A) REFERRAL
AND
REPORTING.—Any
bill introduced in the Senate shall be referred to
the appropriate committee or committees. A
committee to which a bill has been referred
shall report the bill without amendment not
later than the 30th day of session following the
date of introduction of that bill. If any commit-
tee fails to report the bill within that period,
that committee shall be automatically dis-
charged from further consideration of the bill
and the bill shall be placed on the Calendar.
‘‘(B) BILL FROM HOUSE.—When the Sen-
ate receives from the House of Representatives
a bill, such bill shall not be referred to commit-
tee and shall be placed on the Calendar.
‘‘(C) MOTION NONDEBATABLE.—A motion
to proceed to consideration of a bill under this
subsection shall not be debatable. It shall not
be in order to move to reconsider the vote by
which the motion to proceed was adopted or re-
jected, although subsequent motions to proceed
may be made under this paragraph.
‘‘(D) LIMIT ON CONSIDERATION.—
‘‘(i) VOTE.—After no more than 10
hours of consideration of a bill, the Senate
shall proceed, without intervening action or
debate (except as permitted under sub-
paragraph (F)), to vote on the final dis-
position thereof to the exclusion of all mo-
tions, except a motion to reconsider or to
table.
‘‘(ii) MOTION TO EXTEND.—A single
motion to extend the time for consideration
under clause (i) for no more than an addi-
tional 5 hours is in order before the expira-
tion of such time and shall be decided
without debate.
‘‘(iii) TIME FOR DEBATE.—The time
for debate on the disapproval bill shall be
equally divided between the Majority Lead-
er and the Minority Leader or their des-
ignees.
‘‘(E) NO MOTION TO RECOMMIT.—A mo-
tion to recommit a bill shall not be in order.
‘‘(F) DISPOSITION
OF
SENATE
BILL.—If
the Senate has read for the third time a bill
that originated in the Senate, then it shall be
in order at any time thereafter to move to pro-
ceed to the consideration of a bill for the same
special message received from the House of
Representatives and placed on the Calendar
pursuant to subparagraph (B), strike all after
the enacting clause, substitute the text of the
Senate bill, agree to the Senate amendment,
and vote on final disposition of the House bill,
all without any intervening action or debate.
‘‘(G) CONSIDERATION
OF
HOUSE
MES-
SAGE.—Consideration in the Senate of all mo-
tions, amendments, or appeals necessary to dis-
pose of a message from the House of Rep-
resentatives on a bill shall be limited to not
more than 4 hours. Debate on each motion or
amendment shall be limited to 30 minutes. De-
bate on any appeal or point of order that is
submitted in connection with the disposition of
the House message shall be limited to 20 min-
utes. Any time for debate shall be equally di-
vided and controlled by the proponent and the
majority manager, unless the majority manager
is a proponent of the motion, amendment, ap-
peal, or point of order, in which case the minor-
ity manager shall be in control of the time in
opposition.
SEC. 3. TECHNICAL AMENDMENTS.
(a) HEADING.—Chapter 8 of title 5, United States
Code, is amended by inserting before section 801 the fol-
lowing:
‘‘SUBCHAPTER I—DISCRETIONARY
CONGRESSIONAL REVIEW’’.
(b) TABLE OF SECTIONS.—The table of sections for
chapter 8 of title 5, United States Code, is amended by
inserting before the reference to section 801 the following:
‘‘SUBCHAPTER I—DISCRETIONARY CONGRESSIONAL REVIEW’’
and by inserting after the reference to section 808 the fol-
lowing:
‘‘SUBCHAPTER II—MANDATORY REVIEW OF CERTAIN RULES
‘‘815. Rules subject to mandatory Congressional review.
‘‘816. Agency submission.
‘‘817. Approval bill.’’.
Æ