II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Executive Order Integ5 rity Act of 2008’’. 

6 SEC. 2. REVOCATIONS, MODIFICATIONS, WAIVERS, AND 

7 SUSPENSIONS OF PRESIDENTIAL PROCLAMA8 TIONS AND EXECUTIVE ORDERS. 

9 Section 1505 of title 44, United States Code, is 

10 amended by adding at the end the following: 


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•S 3405 IS

1 ‘‘(d) REVOCATIONS, MODIFICATIONS, WAIVERS, AND

2 SUSPENSIONS OF PRESIDENTIAL PROCLAMATIONS AND

3 EXECUTIVE ORDERS.— 

4 ‘‘(1) NOTICE REQUIRED.—If the President, 

5 whether formally or informally, and whether through 

6 express order, conduct, or other means— 

7 ‘‘(A) revokes, modifies, waives, or suspends 

8 any portion of a Presidential proclamation, Ex9 ecutive Order, or other Presidential directive 

10 that was published in the Federal Register; or 

11 ‘‘(B) authorizes the revocation, modifica12 tion, waiver, or suspension of any portion of 

13 such Presidential proclamation, Executive 

14 Order, or other Presidential directive; 

15 notice of such revocation, modification, waiver, or 

16 suspension shall be published in the Federal Reg17 ister within 30 days after the revocation, modifica18 tion, waiver, or suspension, in accordance with the 

19 terms under paragraph (2). 

20 ‘‘(2) CONTENT OF NOTICE.— 

21 ‘‘(A) IN GENERAL.—Except as provided 

22 under subparagraph (B), the notice required 

23 under paragraph (1) shall specify— 

24 ‘‘(i) the Presidential proclamation, 

25 Executive Order, or other Presidential diVerDate Aug 31 2005 00:28 Aug 05, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3405.IS S3405

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1 rective, and any particular portion thereof 

2 that is affected; 

3 ‘‘(ii) for each affected directive or por4 tion thereof, whether that directive or por5 tion thereof was revoked, modified, waived, 

6 or suspended; and 

7 ‘‘(iii) except where such information is 

8 classified, the specific nature and cir9 cumstances of the revocation, modification, 

10 waiver, or suspension. 

11 ‘‘(B) REVISED EXECUTIVE ORDER.— 

12 Where the revocation, modification, waiver, or 

13 suspension of a Presidential proclamation, Ex14 ecutive Order, or other Presidential directive is 

15 accomplished through the publication in the 

16 Federal Register of a revised Presidential proc17 lamation, Executive Order, or other Presidential 

18 directive that replaces or amends the one that 

19 was revoked, modified, waived, or suspended, 

20 that revised Presidential proclamation, Execu21 tive Order, or other Presidential directive shall 

22 constitute notice for purposes of paragraph (1). 

23 ‘‘(3) CLASSIFIED INFORMATION.—If the infor24 mation specified under paragraph (2)(A)(iii) is clas25 sified, such information shall be provided to ConVerDate Aug 31 2005 00:28 Aug 05, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3405.IS S3405

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1 gress, using the security procedures established 

2 under section 501(d) of the National Security Act of 

3 1947 (50 U.S.C. 413(d)), in the form of a classified 

4 annex delivered to— 

5 ‘‘(A) the majority and minority leader of 

6 the Senate; 

7 ‘‘(B) the Speaker, majority leader, and mi8 nority leader of the House of Representatives; 

9 ‘‘(C) the Committee on the Judiciary of 

10 the Senate and the Committee on the Judiciary 

11 of the House of Representatives; and 

12 ‘‘(D) if the information pertains to na13 tional security matters, the Select Committee 

14 on Intelligence of the Senate and the Perma15 nent Select Committee on Intelligence of the 

16 House of Representatives. 

17 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

18 this subsection shall be construed as either author19 izing or prohibiting the revocation, modification, 

20 waiver, or suspension of any Presidential proclama21 tion, Executive Order, or other Presidential directive 

22 that was published in the Federal Register through 

23 means other than a formal directive issued by the 

24 President and published in the Federal Register.’’. 

Æ 


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