[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2076 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2076

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 1998

 Mr. Ashcroft (for himself and Mr. McConnell) introduced the following 
    bill; which was read twice and 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 Accountability Act of 
1998''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Grand jury investigations into Presidential 
        communications have been, to date, extraordinary and rare 
        occurrences, and hopefully, will remain that way. Congressional 
        oversight hearings, by contrast, are commonplace.
            (2) If judicial decisions permit presidential aides to 
        withhold crucial information from a grand jury investigating 
        criminal misconduct, congressional inquiries will be stymied by 
        similar claims of executive privilege.
            (3) For these reasons, the proper scope of executive 
        privilege is of concern to every Member of Congress, and every 
        Member of Congress has an interest in being notified of 
        assertions of executive privilege by the President and in 
        having the opportunity to file amicus briefs in appropriate 
        cases.
            (4) In the context of the current litigation before Judge 
        Norma Holloway Johnson, the President failed to acknowledge 
        publicly that he asserted executive privilege to shield 
        information from the grand jury.
            (5) Indeed, lawyers for the President have protested that 
        the outcome of Judge Johnson's order rejecting the President's 
        claim of executive privilege became public.
            (6) As a consequence, Members of Congress have not had a 
        proper basis to decide whether to file amicus briefs apprising 
        the court of the unique interests and views of Congress with 
        respect to executive privilege.

SEC. 3. REPORTING REQUIREMENTS.

    (a) Initial Report.--Whenever the President asserts executive 
privilege in a judicial action or proceeding, the President shall 
promptly report to Congress and provide an explanation of the reasons 
for such assertion in such detail as is consistent with national 
security.
    (b) Report by Presiding Judge of Assertion.--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 Congress.
    (c) Report by Presiding Judge of Disposition.--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 to Congress any order or 
ruling disposing of that claim and provide an explanation of the 
reasons for such disposition in such detail as is consistent with 
national security.
    (d) Amicus Briefs.--Any Member of either House of Congress shall 
have the right to file an amicus brief, regarding an assertion of 
executive privilege by the President, in any judicial action or 
proceeding in which that assertion is made.
    (e) Report Concerning Decision To Appeal.--Whenever the President 
decides to appeal an adverse disposition of a claim of executive 
privilege or to file a petition for certiorari in response to such 
adverse disposition, the President shall promptly report the decision 
to Congress.
    (f) Additional Requirement.--Whenever the President asserts 
executive privilege in any forum, the President shall forward to 
Congress any written legal opinion regarding the lawfulness of the 
assertion redacted as is consistent with national security.
    (g) Report to Congress.--For purposes of this Act, providing notice 
or a report to the Senate Majority and Minority Leaders and the Speaker 
of the House and House Minority Leader shall constitute notice to 
Congress.
                                 <all>