Administrative Procedure Reform Act

113th Congress

1st Session

S. ____

To retroactively repeal certain unconstitutional legislation concerning securities and other matters.

IN THE UNITED STATES SENATE

January 25, 2013

Mr. ROLAND of Texas introduced the following bill; which was referred to the Rules and Administration Committee.

A BILL

To amend the Administrative Procedure Act (APA), Pub.L. 79-404, 60 Stat. 237, enacted June 11, 1946, recodified by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 383.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the Administrative Procedure Reform Act''.

SEC. 2. FINDINGS AND AUTHORITY.

1. Congress finds the Administrative Procedure Act to be an unconstitutional delegation of lawmaking authority, contrary to United States Constitution, Article I, Section 1

2. The authority for this act is the United States Constitution, Article I, Section 1.

SEC. 3. ENACTMENT AND REPEALS.

1. The Administrative Procedure Act (APA), Pub.L. 79-404, 60 Stat. 237, enacted June 11, 1946, recodified by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 383, and other amendments thereto, is hereby amended to provide that no proposed regulation applicable to persons not officials, agents, employees, or contractors of the United States shall go into effect unless or until it has been enacted by an Act of Congress.

2. Every existing regulation applicable to persons not officials, agents, employees, or contractors of the United States shall expire within two years unless enacted by Congress.

3. Every regulation not thus enacted as a statute shall apply, and be enforced upon, only officials, agents, employees, or contractors of the United States, and not upon other persons.

4. This act shall apply to anything that is functionally equivalent to a regulation, including guidelines, instructions, and executive orders.

5. There shall be no deference to administrative findings, decisions, or recommencdations, but each of those shall be strictly proved, including proof of their constitutionality.

SEC. 4. REMEDIATION.

1. Any party shall have standing to challenge the constitutionality of any regulation, which shall be presumed unconstitutional unless it is proved constitutional to a unanimous verdict of a randomly selected jury of twelve.

2. Persons injured by any regulation while it was in effect shall be entitled to just compensation therefor, upon adjudication in the United States Court of Claims, or other court of competent jurisdiction.

END.