Page:United States Statutes at Large Volume 116 Part 3.djvu/182

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116 STAT. 1774 PUBLIC LAW 107-273—NOV. 2, 2002 2 USC 288k. Notification. Deadline. 28 USC 530D note. Deadline. Reports. 28 USC 530D note. or compromise (if not apparent on the face of documents provided); and "(ii) in the case of an approval described in subsection (a)(l)(C)(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 nonmonetary relief (if not apparent on the face of documents provided); and "(3) in the case of a determination described in subsection (a)(1)(B) or an approval described in subsection (a)(l)(C), indicate the nature, tribunal, identifying information, and status of the proceeding, suit, or action. "(d) DECLARATION.—In the case of a determination described in subsection (a)(1)(B), the representative of the United States participating in the proceeding shall make a clear declaration in the proceeding that any position expressed as to the constitutionality of the provision involved is the position of the executive branch of the Federal Government (or, as applicable, of the President or of any executive agency or military department). " (e) APPLICABILITY TO THE PRESIDENT AND TO EXECUTIVE AGEN- CIES AND MILITARY DEPARTMENTS. —The reporting, declaration, and other provisions of this section relating to the Attorney General and other officers of the Department of Justice shall apply to the President (but only with respect to the promulgation of any unclassified Executive order or similar memorandum or order), to the head of each executive agency or military department (as defined, respectively, in sections 105 and 102 of title 5, United States Code) that establishes or implements a policy described in subsection (a)(1)(A) or is authorized to conduct litigation, and to the officers of such executive agency.", (b) CONFORMING AMENDMENTS.— (1) The table of sections for chapter 31 of title 28, United States Code (as amended by section 201), is amended by adding at the end the following: "530D. Report on enforcement of laws.". (2) Section 712 of Public Law 95-521 (92 Stat. 1883) is amended by striking subsection (b) and inserting: "(b) The Attorney General shall notify Counsel as required by section 530D of title 28.". (3) Not later than 30 days after the date of the enactment of this Act, the President shall advise the head of each executive agency or military department (as defined, respectively, in sections 105 and 102 of title 5, United States Code) of the enactment of this section. (4)(A) Not later than 90 days after the date of the enactment of this Act, the Attorney General (and, as applicable, the President, and the head of any executive agency or military department described in subsection (e) of section 530D of title 28, United States Code, as added by subsection (a)) shall submit to Congress a report (in accordance with subsections (a), (c), and (e) of such section) on— (i) all policies of which the Attorney General and applicable official are aware described in subsection (a)(1)(A) of such section that were established or implemented before the date of the enactment of this Act and were in effect on such date; and