[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1845 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1845

   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) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 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,

SECTION 1. 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, budgets, public 
                relations, programmatic matters, intergovernmental 
                relations, administrative or personnel matters, or 
                requests for legal advice;
            (2) the term ``covered Department of Justice officer'' 
        means--
                    (A) the Attorney General;
                    (B) the Deputy Attorney General;
                    (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).

SEC. 2. DESIGNATION OF OTHER COVERED OFFICERS.

    (a) Department of Justice.--
            (1) In general.--The Attorney General may designate any 
        officer or employee of the Department of Justice as a covered 
        Department of Justice officer.
            (2) Nondelegable authority.--The Attorney General may not 
        delegate the authority under paragraph (1) to any officer or 
        employee of the Department of Justice.
    (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 Congress.--Not later than 3 days after making a 
designation under this section, the Attorney General or the President, 
as the case may be, 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 officer or employee of the White House 
Office may only be 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 affecting any limitation 
on covered communications by the Department of Justice or the White 
House Office that is more restrictive than the limitations under this 
Act.
                                 <all>