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S. 285

A bill to amend title 28 of the United States Code to require the Attorney General to transmit reports to the Congress summarizing any position of the Attorney General that any provision of law is unconstitutional and is not to be enforced or defended by the United States, and for other purposes.

Directs the Attorney General to report to Congress within 30 days after determining that a provision of law is unconstitutional and: (1) will not be enforced by the Justice Department; or (2) will be contested or not defended by the Justice Department. Requires the Department's representative, at a legal or administrative proceeding at which the Department is contesting or refusing to defend a provision of law, to announce that the Department's position on the constitutionality of such provision is that of the executive branch.

Committee on Judiciary received executive comment from Office of the Attorney General.

Sen. Baucus, Max [D-MT](D-MT)Sponsor
1committees5actions11subjects
  1. Committee

    Committee on Judiciary received executive comment from Office of the Attorney General.

    Judiciary Committee
  2. Committee

    Referred to Subcommittee on Separation of Powers.

    Crime and Counterterrorism Subcommittee
  3. Committee

    Committee on Judiciary requested executive comment from Office of the Attorney General.

    Judiciary Committee
  4. IntroReferral

    Read second time and referred to Senate Committee on Judiciary.

    Judiciary Committee
  5. IntroReferral10000

    Introduced in Senate