109 HJ 87 IH: Requiring the President to notify Congress U.S. House of Representatives 2006-05-25 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.

IA 109th CONGRESS 2d Session H. J. RES. 87 IN THE HOUSE OF REPRESENTATIVES May 25, 2006 Mr. Frank of Massachusetts (for himself, Mr. Markey, Mr. McGovern, Mr. Berman, Ms. Watson, and Ms. McKinney) introduced the following joint resolution; which was referred to the Committee on the Judiciary, and in addition to the Committee on Rules, 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 JOINT RESOLUTION Requiring the President to notify Congress if the President makes a determination at the time of signing a bill into law to ignore a duly enacted provision of such newly enacted law, establishing expedited procedures for the consideration of legislation in the House of Representatives in response to such a determination, and for other purposes.

Whereas the Constitution requires that Presidents “take Care that the Laws be faithfully executed”; Whereas the Constitution does not grant Presidents authority to choose which duly enacted provisions of laws they will obey; Whereas the practice of selective enforcement of the laws is inconsistent with our constitutional form of government; Whereas several previous Presidents have made signing statements signaling their intention to ignore provisions of laws duly enacted by Congress on constitutional grounds; Whereas President George W. Bush has asserted his intent to ignore such provisions more than all other Presidents combined; and Whereas the President's assertion of the right to ignore a duty violates our constitutional framework by substituting an unchecked presidential prerogative for the role of Congress and the constitutional veto procedure: Now, therefore, be it

1.

Requiring Notification to Congress of Presidential Determination to Ignore Provision of Newly Enacted Law

(a)

Notification

If at the time of enactment of a law the President makes a determination not to carry out any duly enacted provision of the law (as indicated in a statement made by the President at the time of enactment or otherwise), not later than 10 days after the enactment of the law, the President shall submit a report to Congress informing Congress of the determination and including the President’s reasons for making the determination, except that to the extent that the determination is based upon classified material, the President shall submit the report only to the congressional intelligence committees (as defined in 3(7) of the National Security Act of 1947) (50 U.S.C. 401a(7)). (b)

Treatment of Previously Enacted Laws

Not later than 30 days after the date of the enactment of this joint resolution, the President shall submit to Congress a report under subsection (a) with respect to each law enacted prior to such date during the One Hundred Seventh, One Hundred Eighth, and One Hundred Ninth Congress for which the President has made a determination not to carry out a duly enacted provision of the law (as indicated in a statement made by the President at the time of enactment or otherwise).

2.

Expedited Procedures in House of Representatives For Legislation in Response to Determination

(a)

Privileged Treatment

If a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) introduces legislation in response to a report submitted by the President under section 1(a)— (1)a report on the legislation which is filed by any committee to which the legislation is referred may be called up as a privileged question by direction of the committee; and (2)if a committee to which the legislation is referred does not file a report on the legislation prior to the expiration of the 30-legislative day period which begins on the date the legislation is introduced, a motion to discharge the committee from its consideration of the legislation shall be privileged. (b)

Conforming Amendment Regarding Waiver of Minimum Period For Availability of Committee Reports Prior to Consideration in House

Clause 4(a)(2) of rule XIII of the Rules of the House of Representatives is amended— (1)by striking and at the end of subdivision (D); (2)by striking the period at the end of subdivision (E) and inserting ; and (3)by adding at the end the following new subdivision: (F)a measure responding to a report submitted by the President informing Congress of a determination not to carry out any duly enacted provision of law. .

3.

Report by General Counsel of House of Potential Legal Actions to be Taken by Members

At the request of any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress), the General Counsel of the House shall prepare promptly a report describing any legal action which may be brought by the Member to challenge the refusal by the President to carry out any duly enacted provision of the law.