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






                                                       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, 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,

<DELETED>SECTION 1. DEFINITIONS.</DELETED>

<DELETED>    In this Act--</DELETED>
        <DELETED>    (1) the term ``covered communication''--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (2) the term ``covered Department of Justice 
        officer'' means--</DELETED>
                <DELETED>    (A) the Attorney General;</DELETED>
                <DELETED>    (B) the Deputy Attorney General;</DELETED>
                <DELETED>    (C) the Associate Attorney General; 
                and</DELETED>
                <DELETED>    (D) any officer or employee designated 
                under section 2(a); and</DELETED>
        <DELETED>    (3) the term ``covered White House officer'' 
        means--</DELETED>
                <DELETED>    (A) the President;</DELETED>
                <DELETED>    (B) the Vice President;</DELETED>
                <DELETED>    (C) the Counsel to the 
                President;</DELETED>
                <DELETED>    (D) the Counselor to the President; 
                and</DELETED>
                <DELETED>    (E) any officer or employee designated 
                under section 2(b).</DELETED>

<DELETED>SEC. 2. DESIGNATION OF OTHER COVERED OFFICERS.</DELETED>

<DELETED>    (a) Department of Justice.--</DELETED>
        <DELETED>    (1) In general.--The Attorney General may 
        designate any officer or employee of the Department of Justice 
        as a covered Department of Justice officer.</DELETED>
        <DELETED>    (2) Nondelegable authority.--The Attorney General 
        may not delegate the authority under paragraph (1) to any 
        officer or employee of the Department of Justice.</DELETED>
<DELETED>    (b) White House.--The President may designate any officer 
or employee of the White House Office as a covered White House 
officer.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3. LIMITATIONS ON COMMUNICATIONS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 4. RULE OF CONSTRUCTION.</DELETED>

<DELETED>    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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Security from Political Interference 
in Justice Act of 2007''.

SEC. 2. 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
            (3) the term ``covered White House officer'' means--
                    (A) the President;
                    (B) the Vice President;
                    (C) the Counsel to the President; and
                    (D) the Counselor to the President.

SEC. 3. REPORTS TO CONGRESS.

    (a) Department of Justice Report.--Not later than 30 days after 
each January 1 and July 1 of each calendar year, the Attorney General 
shall 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 who made a covered communication 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 report need not include any 
covered Department of Justice officer.
    (b) White House Report.--Not later than 30 days after each January 
1 and July 1 of each calendar year, the Counsel to the President shall 
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 Executive 
Office of the President who made a covered communication 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 
covered White House officer.
            Amend the title so as to read: ``To provide for a reporting 
        requirement regarding communications between the Department of 
        Justice and the White House relating 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 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