Restoring the separation of powers

(a) In general Title 1 of the United States Code, is amended by inserting after chapter 2 the following: 2A Separation of powers Sec. 151. Nondelegation of legislative power. 152. Enforcement clause. 153. Effective date. 151. Nondelegation of legislative power (a) Definition In this section, the term delegation of legislative powers — (1) includes— (A) the creation or clarification of any criminal or civil offense; and (B) the creation or clarification of any non-criminal regulation, prohibition, or limitation applicable to the public, or some subset thereof, that is not fully and completely defined in an Act of Congress, except that the Executive branch of Government may be delegated authority to make factual findings that will determine the date upon which such an Act is implemented, suspended, or revived; and (2) does not include the issuance of any Presidential proclamation, or the issuance of any rule or regulation governing the internal operation of any agency, or conditions made upon grants or contracts issued by any agency. (b) Prohibition An Act of Congress may not contain any delegation of legislative powers, whether to— (1) any component within the legislative branch of the Federal Government; (2) the President or any other member of the Executive branch of the Federal Government; (3) the judicial branch of the Federal Government; (4) any agency; (5) any quasi-public agency; (6) any State or instrumentality thereof; or (7) any other organization or individual. (c) Executive actions No new Presidential directive, adjudicative decision, rule, or regulation, or change to an existing Presidential directive, adjudicative decision, rule, or regulation governing, limiting, imposing a penalty on, or otherwise regulating any activity of any individual or entity, other than an officer or employee of the Federal Government, may be promulgated or put into effect, unless the directive, decision, rule, or regulation is authorized by an Act of Congress that complies with subsection (b). (d) Report Not later than 6 months after the date of enactment of this chapter, the Comptroller General of the United States shall submit to Congress a report identifying all statutes enacted before the date that is 90 days after the date of enactment of this chapter which contain any delegation of legislative powers prohibited under this section. 152. Enforcement clause (a) In general An Act of Congress, Presidential directive, adjudicative decision, rule, or regulation that does not comply with section 151 shall have no force or effect and no legal, equitable, regulatory, civil, or criminal action may be brought under such an Act of Congress, Presidential directive, adjudicative decision, rule, or regulation. (b) Cause of action Any person aggrieved by any action of any officer or employee in the Executive branch of the Federal Government under any Act of Congress that does not comply with section 151 may bring a cause of action under sections 2201 and 2202 of title 28 against the United States to seek appropriate relief, including an injunction against enforcement of any Act of Congress, Presidential directive, adjudicative decision, rule, or regulation that does not comply with section 151. (c) Standard of review In any action brought under subsection (b), the standard of review shall be de novo. 153. Effective date This chapter shall apply to any Act of Congress, Presidential directive, adjudicative decision, rule, or regulation, or change to an existing Presidential directive, adjudicative decision, rule, or regulation, enacted or promulgated on or after the date that is 90 days after the date of enactment of this chapter.. (b) Technical and conforming amendment The table of chapters for title 1, United States Code, is amended by inserting after the item relating to chapter 2 the following: 2A. Separation of powers 151.