(1) To ensure that the lawmaking power would 
be exercised by the branch of government that is the 
closest and most accountable to the people the Con-
stitution provides that ‘‘All legislative power herein 
granted shall be vested in a Congress of the United 
States, which shall consist of a Senate and House of 
Representatives’’. 
(2) Article I, section 8, clause 18, gives Con-
gress the power ‘‘To make all laws which shall be 
necessary and proper for carrying into execution the 
foregoing powers, and all other powers vested by this 
Constitution in the government of the United States, 
or in any department or officer thereof’’. 
(3) The Constitution provides that the Presi-
dent ‘‘shall take care that the laws be faithfully exe-
cuted’’ and limits the role of the President in the 
lawmaking process to— 
(A) giving Congress information on the 
State of the Union; 
(B) recommending to Congress for consid-
eration such measures as the President deems 
necessary and expedient; and 
(C) approving or vetoing bills and joint 
resolutions presented to him for signature. 
VerDate Nov 24 2008 
06:16 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS
(4) Statements made by the President contem-
poraneously with the signing of a bill or joint resolu-
tion that express the President’s interpretation of 
the scope, constitutionality, and intent of Congress 
in enacting the bill or joint resolution presented for 
signature may encroach upon the power to make 
laws that the Framers vested solely in the Congress. 
SEC. 302. TREATMENT OF CERTAIN PRESIDENTIAL SIGNING 
STATEMENTS AS REPORTS ESTABLISHING 
POLICY TO REFRAIN FROM ENFORCING LAW 
FOR PURPOSES OF NOTIFYING COUNSEL FOR 
CONGRESS. 
Section 530D(e) of title 28, United States Code, is 
amended by striking ‘‘or order)’’ and inserting the fol-
lowing: ‘‘or order, or to the issuance of any qualifying 
Presidential signing statement (as defined in section 304 
of the Checks and Balances Restoration and Revitalization 
Act))’’. 
SEC. 303. ACTIONS FOR DECLARATORY OR INJUNCTIVE RE-
LIEF TO COMPEL ENFORCEMENT. 
(a) IN GENERAL.—In accordance with the require-
ments of this section, the General Counsel of the House 
of Representatives and the Senate Legal Counsel, acting 
jointly, may bring a civil action in the appropriate United 
States district court for declaratory or injunctive relief to 
VerDate Nov 24 2008 
06:16 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS
compel the enforcement of the provision of law which is 
the subject of a qualifying Presidential signing statement. 
(b) ADOPTION
OF RESOLUTION REQUIRED.—The 
General Counsel of the House of Representatives and the 
Senate Legal Counsel may bring a civil action under sub-
section (a) only upon the adoption by the House of Rep-
resentatives and the Senate of a resolution which meets 
each of the following requirements: 
(1) The resolution is introduced prior to the ex-
piration of the 10-day period (excluding weekends, 
holidays, and any day on which either House of Con-
gress is not in session because of an adjournment 
sine die, a recess of more than 3 days, or an ad-
journment of more than 3 days) which begins on the 
date on which the House of Representatives and the 
Senate receive notice pursuant to section 530D(e) of 
title 28, United States Code, of the issuance of a 
qualifying Presidential signing statement. 
(2) The resolution does not have a preamble. 
(3) The matter after the resolving clause is as 
follows: ‘‘That Congress directs the General Counsel 
of the House of Representatives and the Senate 
Legal Counsel to bring a civil action for declaratory 
or injunctive relief to compel the enforcement of 
lllll’’, with the blank space filled in with a 
VerDate Nov 24 2008 
06:16 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS
citation to the provision of law which is the subject 
of the qualifying Presidential signing statement for 
which the House and Senate received the notice de-
scribed in paragraph (1). 
(4) The title is as follows: ‘‘Concurrent resolu-
tion directing the General Counsel of the House of 
Representatives and the Senate Legal Counsel to 
bring a civil action for declaratory or injunctive re-
lief to compel the enforcement of lllll’’, with 
the blank space filled in with a citation to the provi-
sion of law which is the subject of the qualifying 
Presidential signing statement for which the House 
and Senate received the notice described in para-
graph (1). 
SEC. 304. QUALIFYING PRESIDENTIAL SIGNING STATE-
MENT DEFINED. 
In this title, the term ‘‘qualifying Presidential signing 
statement’’ means a statement issued by the President 
and published in the Federal Register about a bill or joint 
resolution in conjunction with signing that bill or joint res-
olution into law pursuant to article I, section 7, of the 
Constitution of the United States which asserts or implies 
an intention not to enforce any provision of the bill or joint 
resolution, in part or in whole. 
VerDate Nov 24 2008 
23:33 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS
SEC. 305. EFFECTIVE DATE. 
This title and the amendments made by this title 
shall apply with respect to Presidential signing statements 
issued on or after the expiration of the 90-day period 
which begins on the date of the enactment of this Act. 
TITLE IV—PROCEDURES APPLI-
CABLE TO LEGAL OPINIONS 
OF OFFICE OF LEGAL COUN-
SEL 
SEC. 401. FINDINGS. 
Congress finds the following: 
(1) To fulfill the constitutional duty of the Ex-
ecutive branch to act lawfully, the President must 
have access to a reliable source of legal advice. 
(2) The Attorney General has delegated to the 
Office of Legal Counsel in the Department of Jus-
tice the function of providing legal advice to guide 
the actions of the President and the Executive 
branch. 
(3) To fulfill its legislative and oversight duties 
under the Constitution, Congress must have access 
to information about how and whether the Executive 
branch is implementing the laws of the United 
States. 
(4) To fulfill its legislative and oversight duties 
under the Constitution, Congress must have greater 
VerDate Nov 24 2008 
06:16 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS
access to information about the legal opinions ren-
dered by the Office of Legal Counsel, and the legal 
theories and doctrines on which they rely. 
SEC. 402. REPORTING OF LEGAL OPINIONS. 
(a) ISSUANCE OF OPINIONS REQUIRING REPORTS TO 
CONGRESS.—Section 530D(a) of title 28, United States 
Code, is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B), by striking ‘‘or’’ 
at the end; 
(B) by redesignating subparagraph (C) as 
subparagraph (E); and 
(C) by inserting after subparagraph (B) 
the following: 
‘‘(C) except as provided in paragraph (3), 
issues an authoritative legal interpretation (in-
cluding an interpretation under section 511, 
512, or 513 by the Attorney General or by an 
officer, employee, or agency of the Department 
of Justice pursuant to a delegation of authority 
under section 510) of any provision of any Fed-
eral statute— 
‘‘(i) that concludes that the provision 
is unconstitutional or would be unconstitu-
tional in a particular application; 
VerDate Nov 24 2008 
06:16 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS
the President and any member of the 
Armed Forces; or 
‘‘(iv) that concludes the provision has 
been superseded or deprived of effect in 
whole or in part by a subsequently enacted 
statute where there is no express statutory 
language stating an intent to supersede the 
prior provision or deprive it of effect; 
‘‘(D) except as provided in paragraph (3), 
issues an authoritative legal interpretation (in-
cluding an interpretation under section 511, 
512, or 513 by the Attorney General or by an 
officer, employee, or agency of the Department 
of Justice pursuant to a delegation of authority 
under section 510) regarding the constitu-
tionality or legality of a policy or action of the 
Executive branch; or’’; 
(2) in paragraph (2), by striking ‘‘For the pur-
poses’’ and all that follows through ‘‘if the report’’ 
and inserting ‘‘Except as provided in paragraph (4), 
a report shall be considered to be submitted to the 
Congress for the purposes of paragraph (1) if the re-
port’’; and 
(3) by adding at the end the following: 
VerDate Nov 24 2008 
06:16 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS
‘‘(3) EXCEPTION
FOR
ADVISORY
OPINIONS.— 
The submission of a report to Congress based on the 
issuance of an authoritative legal interpretation shall 
be discretionary on the part of the Attorney General 
or an officer described in subsection (e)— 
‘‘(A) in the case of an interpretation de-
scribed in paragraph (1)(C), if no action is 
taken or withheld or no policy is implemented 
or stayed on the basis of the authoritative legal 
interpretation; or 
‘‘(B) in the case of an interpretation de-
scribed in paragraph (1)(D), if the authoritative 
legal interpretation is not followed with respect 
to the Executive branch policy or action in-
volved. 
‘‘(4) CLASSIFIED INFORMATION.— 
‘‘(A) SUBMISSION OF REPORT CONTAINING 
CLASSIFIED INFORMATION REGARDING INTEL-
LIGENCE
ACTIVITIES.—Except as provided in 
subparagraph (B), if the Attorney General sub-
mits a report relating to an instance described 
in paragraph (1) that includes a classified 
annex containing information relating to intel-
ligence activities, the report shall be considered 
VerDate Nov 24 2008 
06:16 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS
to be submitted to the Congress for the pur-
poses of paragraph (1) if— 
‘‘(i) the unclassified portion of the re-
port is submitted to each officer specified 
in paragraph (2); and 
‘‘(ii) the classified annex is submitted 
to the Select Committee on Intelligence 
and the Committee on the Judiciary of the 
Senate and the Permanent Select Com-
mittee on Intelligence and the Committee 
on the Judiciary of the House of Rep-
resentatives. 
‘‘(B) SUBMISSION OF REPORT CONTAINING 
CERTAIN
CLASSIFIED
INFORMATION
ABOUT 
COVERT ACTIONS.— 
‘‘(i) IN GENERAL.—In a circumstance 
described in clause (ii), a report described 
in that clause shall be considered to be 
submitted to the Congress for the purposes 
of paragraph (1) if— 
‘‘(I) the unclassified portion of 
the report is submitted to each officer 
specified in paragraph (2); and 
‘‘(II) the classified annex is sub-
mitted to— 
VerDate Nov 24 2008 
06:16 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS
‘‘(aa) 
the 
chairman 
and 
ranking minority member of the 
Select Committee on Intelligence 
of the Senate; 
‘‘(bb) the chairman and 
ranking minority member of the 
Committee on the Judiciary of 
the Senate; 
‘‘(cc) 
the 
chairman 
and 
ranking minority member of the 
Permanent Select Committee on 
Intelligence of the House of Rep-
resentatives; 
‘‘(dd) the chairman and 
ranking minority member of the 
Committee on the Judiciary of 
the House of Representatives; 
‘‘(ee) the Speaker and mi-
nority leader of the House of 
Representatives; and 
‘‘(ff) the majority leader and 
minority leader of the Senate. 
‘‘(ii) 
CIRCUMSTANCES.—A 
cir-
cumstance described in this clause is a cir-
cumstance in which— 
VerDate Nov 24 2008 
06:16 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS
‘‘(I) the Attorney General sub-
mits a report relating to an instance 
described in paragraph (1) that in-
cludes a classified annex containing 
information relating to a Presidential 
finding described in section 503(a) of 
the National Security Act of 1947 (50 
U.S.C. 413b(a)); and 
‘‘(II) the President determines 
that it is essential to limit access to 
the information described in subclause 
(I) 
to 
meet 
extraordinary 
cir-
cumstances affecting vital interests of 
the United States.’’. 
(b) DEADLINE FOR SUBMISSION.—Section 530D(b) 
of such title is amended to read as follows: 
‘‘(b) DEADLINE.—A report shall be submitted— 
‘‘(1) under subsection (a)(1)(A), not later than 
30 days after the establishment or implementation 
of each policy; 
‘‘(2) under subsection (a)(1)(B), within such 
time as will reasonably enable the House of Rep-
resentatives and the Senate to take action, sepa-
rately or jointly, to intervene in timely fashion in the 
VerDate Nov 24 2008 
06:16 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS
proceeding, but in no event later than 30 days after 
the making of each determination; 
‘‘(3) under subsection (a)(1)(C) or (a)(1)(D)— 
‘‘(A) not later than 30 days after the date 
on which the Attorney General, the Office of 
Legal Counsel, or any other officer of the De-
partment of Justice issues the authoritative 
legal interpretation of the Federal statutory 
provision; or 
‘‘(B) if the President or other responsible 
officer of a department or agency established in 
the Executive branch of the Federal Govern-
ment, including the Executive Office of the 
President and the military departments (as de-
fined in section 101(8) of title 10), issues a di-
rective described in subsection (a)(3) and the 
directive is subsequently rescinded, not later 
than 30 days after the date on which the Presi-
dent or other responsible officer rescinds that 
directive; and 
‘‘(4) under subsection (a)(1)(E), not later than 
30 days after the conclusion of each fiscal-year quar-
ter, with respect to all approvals occurring in such 
quarter.’’. 
VerDate Nov 24 2008 
06:16 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS
ing such determination, or approving such settle-
ment or compromise), except that— 
‘‘(A) any classified information shall be 
provided in a classified annex, which shall be 
handled in accordance with the security proce-
dures established under section 501(d) of the 
National Security Act of 1947 (50 U.S.C. 
413(d)); 
‘‘(B) except for information described in 
paragraph (1) or (2), such details may be omit-
ted as may be absolutely necessary to prevent 
improper disclosure of information the disclo-
sure of which is prohibited by section 6103 of 
the Internal Revenue Code of 1986, any other 
statute, or any court order if the fact of each 
such omission (and the precise ground or 
grounds therefor) is clearly noted in the state-
ment, except that this subparagraph shall not 
be construed to deny to the Congress (including 
any House, Committee, or agency thereof) any 
such omitted details (or related information) 
that it lawfully may seek, subsequent to the 
submission of the report; and 
‘‘(C) the requirements of this paragraph 
shall be deemed satisfied— 
VerDate Nov 24 2008 
06:16 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS
‘‘(i) in the case of an authoritative 
legal interpretation described in subsection 
(a)(1)(C) or (a)(1)(D), if a copy of the Of-
fice of Legal Counsel or other legal opinion 
setting forth the authoritative legal inter-
pretation is provided; 
‘‘(ii) in the case of an approval de-
scribed in subsection (a)(1)(E)(i), if an 
unredacted copy of the entire settlement 
agreement and consent decree or order (if 
any) is provided, along with a statement 
indicating the legal and factual basis or 
bases for the settlement or compromise (if 
not apparent on the face of documents pro-
vided); and 
‘‘(iii) in the case of an approval de-
scribed in subsection (a)(1)(E)(ii), if an 
unredacted copy of the entire settlement 
agreement and consent decree or order (if 
any) is provided, along with a statement 
indicating the injunctive or other nonmone-
tary relief (if not apparent on the face of 
documents provided); and 
‘‘(4) in the case of a determination described in 
subsection (a)(1)(B) or an approval described in 
VerDate Nov 24 2008 
06:16 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS
subsection (a)(1)(E)(i), indicate the nature, tribunal, 
identifying information, and status of the pro-
ceeding, suit, or action.’’. 
(d) APPLICABILITY.—Section 530D(e) of such title is 
amended by striking ‘‘subsection (a)(1)(A)’’ and inserting 
‘‘subsection (a)(1)(A), issues an authoritative interpreta-
tion described in subsection (a)(1)(C) or (a)(1)(D),’’. 
SEC. 403. SIGNATURE REQUIREMENTS FOR LEGAL OPIN-
IONS OF OFFICE OF LEGAL COUNSEL. 
An authoritative legal interpretation described in sub-
section (a)(1)(C) or (a)(1)(D) of section 530D of title 28, 
United States Code (as amended by section 402(a)), shall 
have no legal affect unless the interpretation is signed per-
sonally by the Attorney General. 
TITLE V—SEVERABILITY 
SEC. 501. SEVERABILITY. 
If any provision of this Act or any amendment made 
by this Act, or the application of a provision or amend-
ment to any person or circumstance, is held to be uncon-
stitutional, the remainder of this Act and the amendments 
made by this Act, and the application of the provisions 
and amendments to any person or circumstance, shall not 
be affected by the holding. 
Æ 
VerDate Nov 24 2008 
06:16 Jul 30, 2009
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6301
E:\BILLS\H3362.IH
H3362
jbell on DSKDVH8Z91PROD with BILLS