3.0.0 3362 2023-01-11T13:18:25Z 2023-01-11T13:18:25Z House H HR 2009-07-28 111 hsju00 Judiciary Committee House Standing hsju10 Constitution and Limited Government Subcommittee Referred to 2009-09-14T19:34:31Z Referred to 2009-07-28T14:32:50Z hsha00 Committee on House Administration House Standing Referred to 2009-07-28T14:33:00Z 2009-09-14 hsju10 Constitution and Limited Government Subcommittee 1 House committee actions Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. Committee 2009-07-28 Referred to House Administration IntroReferral H11100 2 House floor actions hsha00 Committee on House Administration 2009-07-28 Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100-A 9 Library of Congress 2009-07-28 Referred to House Judiciary IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2009-07-28 Introduced in House IntroReferral Intro-H 9 Library of Congress 2009-07-28 Introduced in House IntroReferral 1000 9 Library of Congress M001154 Rep. Miller, Brad [D-NC-13] Brad Miller D NC 13 N C000714 Rep. Conyers, John, Jr. [D-MI-14] JOHN CONYERS D MI 14 2009-07-28 True S001156 Rep. Sánchez, Linda T. [D-CA-39] Linda Sánchez D CA T. 39 2009-07-28 True C001068 Rep. Cohen, Steve [D-TN-9] Steve Cohen D TN 9 2009-07-28 True S000344 Rep. Sherman, Brad [D-CA-27] BRAD SHERMAN D CA 27 2010-01-19 False J000032 Rep. Jackson Lee, Sheila [D-TX-18] SHEILA JACKSON LEE D TX 18 2010-01-19 False J000255 Rep. Jones, Walter B., Jr. [R-NC-3] WALTER JONES R NC B. 3 2010-01-19 False Government Operations and Politics Civil actions and liability Congressional oversight Congressional-executive branch relations Criminal investigation, prosecution, interrogation District of Columbia Federal appellate courts Government studies and investigations House of Representatives Lawyers and legal services Presidents and presidential powers, Vice Presidents Government Operations and Politics 00 2009-07-28 Introduced in House 2009-12-03T20:29:31Z Checks and Balances Restoration and Revitalization Act - Requires: (1) any claim of executive privilege before Congress to be made by the express authority of the President and to be accompanied by a statement, approved by the President, of the factual and legal basis for that claim; (2) an executive branch official to appear before Congress to assert executive privilege; (3) any person withholding subpoenaed items on a claim of executive privilege to provide an index of and a statement describing the items in a manner that will enable the requesting body to assess the validity of the executive privilege claim; and (4) the President or the Attorney General to issue binding guidelines setting forth a policy governing the use of executive privilege.

Authorizes the House of Representatives to: (1) commence a civil action to obtain appropriate relief to enforce compliance with a subpoena or order of the House if authorized by House resolution; and (2) overcome a court's presumption that the material sought is privileged based upon the President's generalized interest in confidentiality by showing that the House has a specific need for the material to carry out its constitutional obligations and the material is not otherwise available.

Establishes alternate procedures for the prosecution of executive branch officers or employees found in contempt of Congress for refusal to testify or produce documents in response to a congressional subpoena. Requires the Speaker of the House to certify a finding of contempt of Congress to the appropriate U.S. attorney for presentation to a grand jury. Establishes within the U.S. Court of Appeals for the District of Columbia a Special Division to appoint special counsels. Requires such Special Division to appoint a special counsel to prosecute any contempt case certified by the Speaker if the Attorney General or U.S. attorney declines to prosecute or a grand jury does not return an indictment within a specified period. Sets forth provisions concerning qualifications, prosecutorial jurisdiction and authority, and removal and termination of authority of a special counsel. Increases penalties for contempt of Congress.

Authorizes the General Counsel of the House and the Senate Legal Counsel, acting jointly, to bring a civil action in U.S. district court for declaratory or injunctive relief to compel the enforcement of a legal provision which a presidential signing statement asserts or implies an intention not to enforce, only upon adoption of a resolution by the House and Senate directing such Counsels to do so.

Amends the federal judicial code to require a report to Congress, with specified exceptions, where the Attorney General or any Department of Justice (DOJ) officer issues an authoritative legal interpretation: (1) that concludes that a federal statutory provision is unconstitutional, raises constitutional concerns, relies on a legal presumption against applying it to any executive agency or employee, or has been superseded; or (2) regarding the constitutionality or legality of a policy or action of the executive branch. Denies legal effect to any such interpretation not signed personally by the Attorney General.

]]> Checks and Balances Restoration and Revitalization Act Display Title Checks and Balances Restoration and Revitalization Act Official Title as Introduced To establish guidelines for the assertion of executive privilege, to enhance the authority of Congress to enforce subpoenas and punish for contempt, and for other purposes. Introduced in House IH Short Titles as Introduced Checks and Balances Restoration and Revitalization Act Introduced in House 2009-07-28T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111hr3362ih/xml/BILLS-111hr3362ih.xml 2009-09-14 Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.