[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3405 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3405

 To prohibit secret modifications and revocations of the law, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2008

Mr. Feingold (for himself and Mr. Whitehouse) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To prohibit secret modifications and revocations of the law, 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 Order Integrity Act of 
2008''.

SEC. 2. REVOCATIONS, MODIFICATIONS, WAIVERS, AND SUSPENSIONS OF 
              PRESIDENTIAL PROCLAMATIONS AND EXECUTIVE ORDERS.

    Section 1505 of title 44, United States Code, is amended by adding 
at the end the following:
    ``(d) Revocations, Modifications, Waivers, and Suspensions of 
Presidential Proclamations and Executive Orders.--
            ``(1) Notice required.--If the President, whether formally 
        or informally, and whether through express order, conduct, or 
        other means--
                    ``(A) revokes, modifies, waives, or suspends any 
                portion of a Presidential proclamation, Executive 
                Order, or other Presidential directive that was 
                published in the Federal Register; or
                    ``(B) authorizes the revocation, modification, 
                waiver, or suspension of any portion of such 
                Presidential proclamation, Executive Order, or other 
                Presidential directive;
        notice of such revocation, modification, waiver, or suspension 
        shall be published in the Federal Register within 30 days after 
        the revocation, modification, waiver, or suspension, in 
        accordance with the terms under paragraph (2).
            ``(2) Content of notice.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), the notice required under paragraph 
                (1) shall specify--
                            ``(i) the Presidential proclamation, 
                        Executive Order, or other Presidential 
                        directive, and any particular portion thereof 
                        that is affected;
                            ``(ii) for each affected directive or 
                        portion thereof, whether that directive or 
                        portion thereof was revoked, modified, waived, 
                        or suspended; and
                            ``(iii) except where such information is 
                        classified, the specific nature and 
                        circumstances of the revocation, modification, 
                        waiver, or suspension.
                    ``(B) Revised executive order.--Where the 
                revocation, modification, waiver, or suspension of a 
                Presidential proclamation, Executive Order, or other 
                Presidential directive is accomplished through the 
                publication in the Federal Register of a revised 
                Presidential proclamation, Executive Order, or other 
                Presidential directive that replaces or amends the one 
                that was revoked, modified, waived, or suspended, that 
                revised Presidential proclamation, Executive Order, or 
                other Presidential directive shall constitute notice 
                for purposes of paragraph (1).
            ``(3) Classified information.--If the information specified 
        under paragraph (2)(A)(iii) is classified, such information 
        shall be provided to Congress, using the security procedures 
        established under section 501(d) of the National Security Act 
        of 1947 (50 U.S.C. 413(d)), in the form of a classified annex 
        delivered to--
                    ``(A) the majority and minority leader of the 
                Senate;
                    ``(B) the Speaker, majority leader, and minority 
                leader of the House of Representatives;
                    ``(C) the Committee on the Judiciary of the Senate 
                and the Committee on the Judiciary of the House of 
                Representatives; and
                    ``(D) if the information pertains to national 
                security matters, the Select Committee on Intelligence 
                of the Senate and the Permanent Select Committee on 
                Intelligence of the House of Representatives.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed as either authorizing or prohibiting the 
        revocation, modification, waiver, or suspension of any 
        Presidential proclamation, Executive Order, or other 
        Presidential directive that was published in the Federal 
        Register through means other than a formal directive issued by 
        the President and published in the Federal Register.''.
                                 <all>