S 1845 ISRS
Calendar No. 438
110th CONGRESS
1st Session
S. 1845
[Report No. 110-203]
To provide for limitations in certain communications between the Department of Justice and the White House Office relating to civil and criminal investigations, and for other purposes.
IN THE SENATE OF THE UNITED STATES
July 23, 2007
Mr. WHITEHOUSE (for himself and Mr. LEAHY, Mr. LEAHY, and Mr. CORNYN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
October 23, 2007
Reported by Mr. LEAHY, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To provide for limitations in certain communications between the Department of Justice and the White House Office relating to civil and criminal investigations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SEC. 2. DEFINITIONS.
DEFINITIONS.In this Act--
(1) the term `covered communication'--
(A) means any communication relating to an ongoing investigation conducted by the Department of Justice in any civil or criminal matter (regardless of whether a civil action or criminal indictment or information has been filed); and
(B) does not include any communication relating to policy, appointments, legislation, rulemaking, budgets, public relations, programmatic matters, intergovernmental relations, administrative or personnel matters, appellate litigation, or requests for legal advice;
(2) the term `covered Department of Justice officer' means--
(A) the Attorney General;
(B) the Deputy Attorney General; and
(C) the Associate Attorney General; and(D) any officer or employee designated under section 2(a); and
(3) the term `covered White House officer' means--
(A) the President;
(B) the Vice President;
(C) the Counsel to the President;(D) the Counselor to the President; and
(E) any officer or employee designated under section 2(b).SECD) the Counselor to the President.
SEC. 3. REPORTS TO CONGRESS.
DESIGNATION OF OTHER COVERED OFFICERS.(a) Department of Justice Report- (1) IN GENERAL- TNot later than 30 days after each January 1 and July 1 of each calendar year, the Attorney General may designate anyshall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report with the name and title of each officer or employee of the Department of Justice aswho made a covered Department of Justice officer.(2) NONDELEGABLE AUTHORITYcommunication during the 6-month period preceding that January 1 or July 1 with any officer or employee of the Executive Office of the President. The Attorney General mayreport need not delegate the authority under paragraph (1) to any officer or employee of the Department of Justiceinclude any covered Department of Justice officer.
(b) White House - The President may designate any officer or employee of the White House Office as a covered White House officer.(c) Notification to CongressReport- Not later than 30 days after making a designation under this section, the Attorney General or the President, as the case may be,each January 1 and July 1 of each calendar year, the Counsel to the President shall submit a notification of that designation, with an explanation of the necessity of that designation, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.SEC. 3. LIMITATIONS ON COMMUNICATIONS.Any covered communication between an officer or employee of the Department of Justice and an a report with the name and title of each officer or employee of the White House Office may only beExecutive Office of the President who made between a covered Department of Justice officer and a covered White House officer.SEC. 4. RULE OF CONSTRUCTION.Nothing in this Act shall be construed as affectingcommunication during the 6-month period preceding that January 1 or July 1 with any officer or employee of the Department of Justice. The report need not include any limitation on covered White House officer.
Amend the title so as to read: `To provide for a reporting requirement regarding communications by the Department of Justice oretween the Department of Justice and the White House Office that is more restrictive than therelating to civil and criminal investigations, and for other purposes.'.
Calendar No. 438
110th CONGRESS
1st Session
S. 1845
[Report No. 110-203]
A BILL
To provide for limitations under this Act.in certain communications between the Department of Justice and the White House Office relating to civil and criminal investigations, and for other purposes.
October 23, 2007
Reported with an amendment and an amendment to the title
U.S. Congress - Text of S.1845 as Reported in Senate Security from Political Interference in Justice Act of 2007
