I
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 Com-
mittee 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 com-
mittee concerned
A BILL
To require Congress and the President to fulfill their con-
stitutional duty to take personal responsibility for Fed-
eral laws.
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 ‘‘Congressional Respon-
sibility 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 en-
sures 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 Representa-
tives override the President’s veto. This Act ends the prac-
tice whereby Congress delegates its responsibility for mak-
ing laws to unelected, unaccountable officials of the execu-
tive branch and requires that regulations proposed by
agencies of the executive branch be affirmatively enacted
by Congress before they become effective. The Act will re-
sult in a more democratic and accountable Congress and
protect the public from regulations for which elected, ac-
countable 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 promul-
gates 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 state-
ment of their basis and purpose required by section 553
of title 5, United States Code and such explanatory docu-
ments 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 sole-
ly 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 de-
scribed in subsection (b) shall not be referred to a com-
mittee.
(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 mo-
tion. All points of order against the bill (and against con-
sideration of the bill) are waived. The motion is highly
privileged in the House of Representatives and is privi-
leged 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 busi-
ness. 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 con-
sideration 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.
(B) with respect to a bill described in sub-
section (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 applica-
bility; or
(B) any interpretative rule, general state-
ment of policy, or any regulation of agency or-
ganization, personnel, procedure, or practice.
SEC. 6. EFFECTIVE DATE.
This Act shall apply to agency regulations promul-
gated 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.
Æ