[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1795 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1795

 To require that before issuing an order, the President shall cite the 
 authority for the order, conduct a cost benefit analysis, provide for 
                public comment, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 26, 1999

   Mr. Crapo introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To require that before issuing an order, the President shall cite the 
 authority for the order, conduct a cost benefit analysis, provide for 
                public comment, 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. REQUIREMENTS BEFORE THE PRESIDENT MAY ISSUE AN ORDER.

    (a) Definitions.--In this Act, the term--
            (1) ``benefit'' means the reasonably identifiable 
        significant favorable effects, quantifiable and 
        nonquantifiable, including social, health, safety, 
        environmental, economic, and distributional effects, that are 
        expected to result from implementation of, or compliance with, 
        an order;
            (2) ``cost'' means the reasonably identifiable significant 
        adverse effects, quantifiable and nonquantifiable, including 
        social, health, safety, environmental, economic, and 
        distributional effects, that are expected to result from 
        implementation of, or compliance with, an order;
            (3) ``cost benefit analysis'' means an evaluation of the 
        costs and benefits of an order, quantified to the extent 
        feasible and appropriate and otherwise qualitatively described, 
        that is prepared at the level of detail appropriate and 
        practicable for reasoned decisionmaking on the matter involved, 
        taking into consideration uncertainties, the significance and 
        complexity of the decision, and the need to adequately inform 
        the public; and
            (4) ``order'' means any Executive order, proclamation, or 
        other written directive that--
                    (A) is issued by the President; and
                    (B) subject to subsection (b)(1)--
                            (i) is not based solely on an authority 
                        under article II of the United States 
                        Constitution; and
                            (ii) is based on a statutory authority.
    (b) Authority for Orders.--
            (1) Orders.--Subsection (a)(4)(B) shall not apply with 
        respect to the term ``order'' as used in this subsection.
            (2) Authority.--The President may only issue an order if 
        such order is authorized under a provision of the United States 
        Constitution or expressly authorized by statute.
    (c) Requirements.--Subject to subsection (d), before issuing an 
order, the President shall--
            (1) cite in the order all constitutional and statutory 
        provisions that authorize the order;
            (2) conduct a cost benefit analysis of the order;
            (3) publish the order and the cost benefit analysis of the 
        order in the Federal Register; and
            (4) provide for a period of no less than 30 days after the 
        publication under paragraph (3), for public comment before the 
        order takes effect.
    (d) Orders With Classified Information.--
            (1) Inapplicability.--Subsection (c) (3) and (4) shall not 
        apply to an order that includes classified information.
            (2) Requirement.--Before issuing an order that includes 
        classified information, the President shall submit a copy of 
        the order to the President pro tempore of the Senate and the 
        Speaker of the House of Representatives no less than 30 days 
        before the order takes effect.
    (e) Effect of Noncompliance.--Any order that is not in compliance 
with this section shall have no force and effect.
    (f) Application to Prior Orders.--An order in effect before the 
effective date of this Act shall have no force and effect on and after 
the date that occurs 1 year after such effective date, unless the 
President reissues such order in compliance with subsections (c) and 
(d).
    (g) Judicial Review.--
            (1) Jurisdiction of district courts.--The district courts 
        of the United States shall have jurisdiction of any civil 
        action arising under this Act.
            (2) Standing.--The following persons may bring a civil 
        action in an appropriate district court of the United States to 
        challenge an order that is not in compliance with this Act:
                    (A) Congress and members of congress.--The Senate, 
                the House of Representatives, any Senator, and any 
                Representative to the House of Representatives.
                    (B) State and local governments.--The highest 
                governmental official of any State, commonwealth, 
                district, territory, or possession of the United 
                States, or any political subdivision thereof, or the 
                designee of such person.
                    (C) Aggrieved persons.--Any person aggrieved in a 
                liberty or property interest adversely affected 
                directly by an order that is not in compliance with 
                this Act.
            (3) Appeal and expedited review.--
                    (A) Appeal to supreme court.--An appeal may be 
                taken directly to the Supreme Court of the United 
                States from any interlocutory or final judgment, 
                decree, or order of a district court in any civil 
                action that the court exercised jurisdiction under 
                paragraph (1).
                    (B) Expedited review.--The Supreme Court shall, if 
                it has not previously ruled on the question, accept 
                jurisdiction over the appeal referred to under 
                subparagraph (A), advance the appeal on the docket, and 
                expedite the appeal to the greatest extent possible.
    (h) Effective Date.--This Act shall take effect 60 days after the 
date of enactment of this Act.
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