S.3501 - OLC Reporting Act of 2008

A bill to ensure that Congress is notified when the Department of Justice determines that the Executive Branch is not bound by a statute. view all titles (3)

All Bill Titles

  • Official: A bill to ensure that Congress is notified when the Department of Justice determines that the Executive Branch is not bound by a statute. as introduced.
  • Short: OLC Reporting Act of 2008 as introduced.
  • Short: OLC Reporting Act of 2008 as reported to senate.

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Introduced
 
Senate
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House
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President
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09/16/08
 
 
 
 
 
 
 

Official Summary

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 tha

Official Summary

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(4) concludes the provision has been superseded or deprived of effect by a subsequently enacted statute where there is no express statutory language stating an intent to do so.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.

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