S. 3405 – Reading Mode

110th CONGRESS

2d Session

S. 3405

IN THE SENATE OF THE UNITED STATES

July 31, 2008

Mr. Feingold (for himself and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To prohibit secret modifications and revocations of the law, and for other purposes.

Short title

This Act may be cited as the Executive Order Integrity Act of 2008.

Revocations, modifications, waivers, and suspensions of Presidential proclamations and Executive Orders

Section 1505 of title 44, United States Code, is amended by adding at the end the following:

(d)

Revocations, modifications, waivers, and suspensions of presidential proclamations and executive orders

(1)

Notice required

If the President, whether formally or informally, and whether through express order, conduct, or other means—

(A)

revokes, modifies, waives, or suspends any portion of a Presidential proclamation, Executive Order, or other Presidential directive that was published in the Federal Register; or

(B)

authorizes the revocation, modification, waiver, or suspension of any portion of such Presidential proclamation, Executive Order, or other Presidential directive;

notice of such revocation, modification, waiver, or suspension shall be published in the Federal Register within 30 days after the revocation, modification, waiver, or suspension, in accordance with the terms under paragraph (2).

(2)

Content of notice

(A)

In general

Except as provided under subparagraph (B), the notice required under paragraph (1) shall specify—

(i)

the Presidential proclamation, Executive Order, or other Presidential directive, and any particular portion thereof that is affected;

(ii)

for each affected directive or portion thereof, whether that directive or portion thereof was revoked, modified, waived, or suspended; and

(iii)

except where such information is classified, the specific nature and circumstances of the revocation, modification, waiver, or suspension.

(B)

Revised executive order

Where the revocation, modification, waiver, or suspension of a Presidential proclamation, Executive Order, or other Presidential directive is accomplished through the publication in the Federal Register of a revised Presidential proclamation, Executive Order, or other Presidential directive that replaces or amends the one that was revoked, modified, waived, or suspended, that revised Presidential proclamation, Executive Order, or other Presidential directive shall constitute notice for purposes of paragraph (1).

(3)

Classified information

If the information specified under paragraph (2)(A)(iii) is classified, such information shall be provided to Congress, using the security procedures established under section 501(d) of the National Security Act of 1947 (50 U.S.C. 413(d)), in the form of a classified annex delivered to—

(A)

the majority and minority leader of the Senate;

(B)

the Speaker, majority leader, and minority leader of the House of Representatives;

(C)

the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and

(D)

if the information pertains to national security matters, the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.

(4)

Rule of Construction

Nothing in this subsection shall be construed as either authorizing or prohibiting the revocation, modification, waiver, or suspension of any Presidential proclamation, Executive Order, or other Presidential directive that was published in the Federal Register through means other than a formal directive issued by the President and published in the Federal Register.