II Calendar No. 438 110th CONGRESS 1st Session S. 1845 [Report No. 110–203] 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.

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).

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.

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.

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.

1.

Short title

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

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.

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.. October 23, 2007 Reported with an amendment and an amendment to the title