I
107TH CONGRESS
1ST SESSION
H. R. 23
To permit congressional review of certain Presidential orders.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 3, 2001
Mr. BARR of Georgia introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To permit congressional review of certain Presidential orders.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Presidential Order
Limitation Act of 2001’’.
SEC. 2. FINDINGS.
(a) POWERS
OF
THE PRESIDENT.—The Congress
finds that the President possesses only the following pow-
ers, as set forth in the Constitution:
(1) COMMANDER
IN
CHIEF.—‘‘The President
shall be Commander in Chief of the Army and Navy
of the United States, and of the Militia of the sev-
eral States, when called into actual Service of the
United States’’ (article II, section 2, clause 1).
(2) OPINION OF DEPARTMENT HEADS.—‘‘[H]e
may require the Opinion, in writing, of the principal
Officer in each of the executive Departments, upon
any Subject relating to the Duties of their respective
Offices’’ (article II, section 2, clause 1).
(3) REPRIEVES
AND
PARDONS.—‘‘[H]e shall
have Power to grant Reprieves and Pardons for Of-
fenses against the United States, except in Cases of
Impeachment’’ (article II, section 2, clause 1).
(4) TREATIES.—‘‘He shall have the Power, by
and with the Advice and Consent of the Senate, to
make Treaties, provided two thirds of the Senators
present concur’’ (article II, section 2, clause 2).
(5) APPOINTMENTS.—‘‘[H]e shall nominate,
and by and with the Advice and Consent of the Sen-
ate, shall appoint Ambassadors, other public Min-
isters and Consuls, Judges of the Supreme Court,
and all other Officers of the United States, whose
appointments are not herein otherwise provided for,
and which may be established by Law’’ (article II,
section 2, clause 2).
(6) VACANCIES.—‘‘The President shall have
Power to fill up all Vacancies that may happen dur-
ing the Recess of the Senate, by granting Commis-
sions which shall expire at the End of their next
Session’’ (article II, section 2, clause 3).
(7) CONVENING OR ADJOURNING CONGRESS.—
‘‘[H]e may, on extraordinary Occasions, convene
both Houses, or either of them, and in Case of Dis-
agreement between them, with Respect to the Time
of Adjournment, he may adjourn them to such Time
as he shall think proper’’ (article II, section 3).
(8) RECEIVING AMBASSADORS.—‘‘[H]e shall re-
ceive Ambassadors and other public Ministers’’ (arti-
cle II, section 3).
(9) COMMISSIONING
OFFICERS.—‘‘[He] shall
Commission all the Officers of the United States’’
(article II, section 3).
(b) DUTY TO EXECUTE LAWS DEPENDENT ON CON-
GRESS.—The Congress finds that the President’s constitu-
tional duty to ‘‘take Care that the Laws be faithfully exe-
cuted’’ (article II, section 3) is wholly dependent upon the
enactments of the Congress and therefore is subject to
such limits and oversight as the Congress may by law pro-
vide.
SEC. 3. OPPORTUNITY FOR CONGRESSIONAL REVIEW OF
PRESIDENTIAL ORDERS.
(a) TRANSMISSION OF PRESIDENTIAL ORDERS TO
CONGRESS.—The President shall transmit a copy of each
Presidential order to—
(1) the Speaker of the House of Representa-
tives;
(2) the President pro tempore of the Senate;
and
(3) the chairperson and ranking member of
each standing and select committee of the House of
Representatives and the Senate.
(b) TIME BEFORE TAKING EFFECT.—Except as pro-
vided in subsection (c), to the extent a Presidential order
is issued under authority granted by any enactment of the
Congress, such order shall not take effect earlier than 30
days after its transmission pursuant to subsection (a),
during which time the Congress may review and take any
action it deems appropriate with regard to such order (or
portion thereof).
(c) EXCEPTION FOR EMERGENCIES.—The time limi-
tation in subsection (b) shall not apply in the case of a
Presidential order describing an emergency which requires
the order to take effect at an earlier time to—
(1) protect the national security;
(2) prevent physical injury to any individual;
(3) provide disaster relief; or
(4) safeguard an American foreign policy inter-
est.
(d) DEFINITION OF PRESIDENTIAL ORDER.—In this
Act, the term ‘‘Presidential order’’ means—
(1) any Executive order, Presidential proclama-
tion, or Presidential directive; and
(2) any other Presidential or Executive action
by whatever name described purporting to have pre-
scriptive effect that is issued under the authority of
the President or any other officer or employee of the
executive branch.
(e) LIMITATION OF APPLICATION.—This Act does
not apply in any circumstance in which the Constitution
prevents its application.
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