OLC Reporting Act of 2008

Bill: 110-s-3501
Sponsor: Sen. Feingold, Russell D. [D-WI]
Introduced: 2008-09-16 in the Senate
Policy area: Law
Subjects: Armed Forces and National Security
Classified defense information
Congress
Congressional reporting requirements
Congressional-executive relations
Constitutional law
Covert operations
Department of Justice
Government Operations and Politics
Legislation

Summary:
action_date: 2008-09-16
text: 
OLC Reporting Act of 2008 - Amends the federal judicial code to require the Attorney General to report to Congress on any instance in which the Attorney General or any officer of the Department of Justice issues an authoritative legal interpretation of any provision of a federal statute that: (1) concludes that the provision is unconstitutional or would be unconstitutional in a particular application; (2) relies for its conclusion on a determination that any other interpretation would raise constitutional concerns under article II of the Constitution or separation of powers principles; (3) relies for its conclusion on a legal presumption against applying the provision to the executive branch or any member thereof; or (4) concludes the provision has been superseded or deprived of effect by a subsequently enacted statute where there is no express statutory language stating an intent to do so. 

Provides for the protection of privileged and classified information contained in a report by the Attorney General on the enforcement of laws.

action_date: 2008-09-25
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

OLC Reporting Act of 2008 - Amends the federal judicial code to require the Attorney General to report to Congress on any instance in which the Attorney General or any officer of the Department of Justice issues an authoritative legal interpretation of any provision of a federal statute that: (1) concludes that the provision is unconstitutional or would be unconstitutional in a particular application; (2) relies for its conclusion on a determination that any other interpretation would raise constitutional concerns under article II of the Constitution or separation of powers principles; (3) relies for its conclusion on a legal presumption against applying the provision to the executive branch or any member thereof; or (4) concludes the provision has been superseded or deprived of effect by a subsequently enacted statute where there is no express statutory language stating an intent to do so. 

Provides for the protection of privileged and classified information contained in a report by the Attorney General on the enforcement of laws.


Legislative actions:
action_date: 2008-12-11
text: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-528.
action_date: 2008-12-11
text: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-528.
action_date: 2008-09-25
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 1083.
action_date: 2008-09-25
text: Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.
action_date: 2008-09-25
text: Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.
action_date: 2008-09-25
text: Committee on the Judiciary. Ordered to be reported without amendment favorably.
action_date: 2008-09-16
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S8861-8862)
action_date: 2008-09-16
text: Sponsor introductory remarks on measure. (CR S8859-8861)
action_date: 2008-09-16
text: Introduced in Senate