S 60119th CongressIn Committee

Write the Laws Act

Introduced: Jan 9, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Write the Laws Act, introduced in the Senate (S. 60) and sponsored by Senator Rand Paul on January 9, 2025, would directly challenge the long-standing practice of Congress delegating legislative power to the Executive and other actors, including administrative agencies. The bill creates a new framework—Chapter 2A, Separation of Powers—in Title 1 of the U.S. Code, which would bar nearly all delegations of legislative power and require any action that would effectively promulgate law to be authorized by a specific Act of Congress that complies with the nondelegation standard. It also requires the Comptroller General to prepare a report detailing the extent of unconstitutional delegation and provides a new enforcement mechanism: acts that do not comply would have no force, and individuals could sue to stop enforcement. The overall aim is to restore what the sponsors view as a constitutional separation of powers by preventing Congress from outsourcing lawmaking to other branches or agencies.

Key Points

1Creates a new Chapter 2A in Title 1, U.S. Code, titled “Separation of Powers,” and defines “nondelegation of legislative power.”
2Prohibits any delegation of legislative powers from Congress to any branch or entity, including the legislative, executive, judicial branches, agencies, quasi-public bodies, states, or other individuals or organizations.
3Establishes a broad prohibition on new presidential directives, adjudicative decisions, rules, or regulations that regulate activities unless authorized by an Act of Congress that complies with the nondelegation standard; creates a limited carve-out for presidential proclamations and internal agency rules related to internal operations or grant/contract conditions.
4Directs the Comptroller General to issue a report within six months identifying all statutes enacted before a specified date that contain prohibited delegations.
5Provides a robust enforcement mechanism: noncompliant laws or directives have no force or effect; enables private action under 28 U.S.C. 2201-2202 (declaratory judgments and injunctions) with de novo review; applies to Acts/Directives/promulgations enacted or promulgated 90 days after enactment.
6Includes a severability clause to keep remaining provisions in effect if one provision is held invalid.

Impact Areas

Primary group/area affected- Federal government lawmaking process: Congress would be restricted from delegating core legislative functions to the Executive or agencies; significant changes to how regulations and offenses are created.- Executive branch and federal agencies: Agencies would face severe limitations on issuing rules, orders, or regulations that effectively create law or impose penalties without a specific, compliant Act of Congress.- Courts and enforcement: A new nondelegation regime with a direct enforcement mechanism, including private suit to block noncompliant actions.Secondary group/area affected- Businesses, nonprofits, and individuals: If laws cannot be delegated, regulatory regimes could be narrowed or require more explicit congressional language, potentially increasing regulatory uncertainty and compliance costs.- States and state instrumentalities: The bill would prohibit delegation to states or state entities, limiting any federal-state delegated rulemaking or enforcement arrangements.Additional impacts- Constitutional and legal process considerations: The bill would push toward a strict reading of the nondelegation doctrine, which has been intermittently recognized but not codified in this comprehensive form; potential constitutional challenges and debates about practical viability.- Administrative law and policy design: Could require rewriting many statutes to include explicit congressional rules, slowing regulatory action and potentially reducing flexibility to respond quickly to emerging issues.- Enforcement and litigation: The right of action and de novo standard could lead to increased litigation over whether specific statutes or directives comply with the nondelegation requirements.- Timeline and transition: The 90-day effective window means a substantial portion of existing law may require evaluation and possible alteration, with the Comptroller General’s report serving as a baseline for reform.

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