IA 
109TH CONGRESS 
2D SESSION 
H. J. RES. 89 
Requiring the President to notify Congress if the President makes a deter-
mination to ignore a duly enacted provision of law, establishing expedited 
procedures for the consideration of legislation in the House of Represent-
atives in response to such a determination, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2006 
Mr. FRANK of Massachusetts (for himself, Mr. MARKEY, Mr. MCGOVERN, Ms. 
WATSON, Ms. DELAURO, Mr. DOGGETT, and Mr. CAPUANO) 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 con-
cerned 
JOINT RESOLUTION 
Requiring the President to notify Congress if the President 
makes a determination to ignore a duly enacted provision 
of law, establishing expedited procedures for the consid-
eration of legislation in the House of Representatives 
in response to such a determination, and for other pur-
poses. 
Whereas the Constitution requires that Presidents ‘‘take Care 
that the Laws be faithfully executed’’;
•HJ 89 IH
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 state-
ments 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 sub-
stituting an unchecked presidential prerogative for the 
role of Congress and the constitutional veto procedure: 
Now, therefore, be it 
Resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
SECTION 1. REQUIRING NOTIFICATION TO CONGRESS OF 
PRESIDENTIAL DETERMINATION TO IGNORE 
PROVISION OF LAW. 
(a) NOTIFICATION.—If the President makes a deter-
mination not to carry out any duly enacted provision of 
a law (as indicated in a statement made by the President 
at the time of the enactment of the law 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 Presi-
•HJ 89 IH
dent’s reasons for making the determination, except that 
to the extent that the determination is based upon classi-
fied 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 Con-
gress a report under subsection (a) with respect to each 
law enacted prior to such date during the One Hundred 
Seventh, One Hundred Eighth, or One Hundred Ninth 
Congress for which the President has made a determina-
tion 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). 
SEC. 2. EXPEDITED PROCEDURES IN HOUSE OF REP-
RESENTATIVES FOR LEGISLATION IN RE-
SPONSE TO DETERMINATION. 
(a) AVAILABILITY OF EXPEDITED PROCEDURES.—If 
a Member of the House of Representatives (including a 
Representative, Delegate, or Resident Commissioner to 
the Congress) introduces legislation in response to a re-
port submitted by the President under section 1(a) in the 
form of a bill bearing the title ‘‘To respond to a Presi-