[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3850 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3850

   To provide reporting requirements for the assertion of executive 
                   privilege, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 1998

  Mr. DeLay introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide reporting requirements for the assertion of executive 
                   privilege, 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 Privilege Notification Act 
of 1998''.

SEC. 2. REPORTING REQUIREMENT.

    (a) Initial Report.--Whenever the President asserts executive 
privilege in any forum, the President shall promptly report the 
assertion to the Speaker of the House and House minority leader, and 
the Senate majority and Senate minority leaders. The report shall state 
the date of the assertion, the documents, testimony or other 
information covered by the assertion, and the legal basis for the 
assertion. The report shall also contain any written legal opinion by 
the Attorney General regarding the lawfulness of the assertion.
    (b) Report by Presiding Judge.--Whenever, in a judicial action or 
proceeding, the President asserts executive privilege, it shall be the 
duty of the presiding judicial officer in that action or proceeding 
promptly to report the assertion to the Speaker of the House and House 
minority leader, and the Senate majority and minority leaders. This 
obligation is independent of the reporting obligation set forth in 
subsection (a).
    (c) Amicus Briefs.--Any Member of either House of Congress shall 
have the right to file an amicus brief, regarding any assertion of 
executive privilege by the President, in any judicial action or 
proceeding in which that assertion is made.
    (d) Presidential Protection Privilege.--No person may, in 
connection with any Federal criminal investigation, assert a 
testimonial privilege alleged to arise out of the function of 
protecting the President.
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