Text: S.2929 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in Senate (12/23/2009)


111th CONGRESS
1st Session
S. 2929


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


IN THE SENATE OF THE UNITED STATES

December 23, 2009

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.

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 “Executive Order Integrity Act of 2009”.

SEC. 2. 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“(ii) for each affected directive or portion thereof, whether that directive or portion thereof was revoked, modified, waived, or suspended; and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.”.