    [United States Senate Manual, 104th Congress]
    [S. Doc. 104-1]
    [USCODETITLE]
    [Pages 729-734]
    [From the U.S. Government Publishing Office, www.gpo.gov]

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                         TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE

                              Chapter 39.--INDEPENDENT COUNSEL

           479  Sec. 595. Congressional oversight.
                    (a) Oversight of Conduct of Independent Counsel.--
                            (1) Congressional oversight.--The appropriate
                        committees of the Congress shall have oversight
                        jurisdiction with respect to the official conduct of
                        any independent counsel appointed under this
                        chapter, and such independent counsel shall have the
                        duty to cooperate with the exercise of such
                        oversight jurisdiction.
                            (2) Reports to congress.--An independent counsel
                        appointed under this chapter shall submit to the
                        Congress annually a report on the activities of the
                        independent counsel, including a description of the
                        progress of any investigation or prosecution
                        conducted by the independent counsel. Such report
                        may omit any matter that in the judgment of the
                        independent counsel should be kept confidential, but
                        shall provide information adequate to justify the
                        expenditures that the office of the independent
                        counsel has made.
                    (b) Oversight of Conduct of Attorney General.--Within 15
                days after receiving an inquiry about a particular case
                under this chapter, which is a matter of public knowledge,
                from a committee of the Congress with jurisdiction over this
                chapter, the Attorney General shall provide the following
                information to that committee with respect to that case:
                            (1) When the information about the case was
                        received.
                            (2) Whether a preliminary investigation is being
                        conducted, and if so, the date it began.
                            (3) Whether an application for the appointment
                        of an independent counsel or a notification that
                        further investigation is not warranted has been
                        filed with the division of the court, and is so, the
                        date of such filing.
                    (c) Information Relating to Impeachment.--An independent
                counsel shall advise the House of Representatives of any
                substantial and credible information which such independent
                counsel receives, in carrying out the independent counsel's
                responsibilities under this chapter, that may constitute
                grounds for an impeachment. Nothing in this chapter or
                section 49 of this title shall prevent the Congress or
                either House thereof from obtaining information in the
                course of an impeachment proceeding. (Added Oct. 26, 1978,
                Pub. L. 95-521, Title VI, Sec. 601(a), 92 Stat. 1871; Jan.
                3, 1983, Pub. L. 97-409, Sec. 2; Dec. 15, 1987, Pub. L. 100-
                191, Sec. 2, 101 Stat. 1304; June 30, 1994, Pub. L. 103-270,
                108 Stat. 734.)
         479.1  Sec. 596. Removal of an independent counsel; termination of
                    office.
                    (a) Removal; Report on Removal.--
                            (1) Grounds for removal.--An independent counsel
                        appointed under this chapter may be removed from
                        office, other than by impeachment and conviction,
                        only by the personal action of the Attorney General
                        and only for good cause, physical disability, mental

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                        incapacity, or any other condition that
                        substantially impairs the performance of such
                        independent counsel's duties.
                            (2) Report to division of the court and
                        congress.--If an independent counsel is removed from
                        office, the Attorney General shall promptly submit
                        to the division of the court and the Committees on
                        the Judiciary of the Senate and the House of
                        Representatives a report specifying the facts found
                        and the ultimate grounds for such removal. The
                        committees shall make available to the public such
                        report, except that each committee may, if necessary
                        to protect the rights of any individual named in the
                        report or to prevent undue interference with any
                        pending prosecution, postpone or refrain from
                        publishing any or all of the report. The division of
                        the court may release any or all of such report in
                        accordance with section 594(h)(2).
                            (3) Judicial review of removal.--An independent
                        counsel removed from office may obtain judicial
                        review of the removal in a civil action commenced in
                        the United States District Court for the District of
                        Columbia. A member of the division of the court may
                        not hear or determine any such civil action or any
                        appeal of a decision in any such civil action. The
                        independent counsel may be reinstated or granted
                        other appropriate relief by order of the court.
                    (b) Termination of Office.--
                            (1) Termination by action of independent
                        counsel.--An office of independent counsel shall
                        terminate when--

                                    (A) the independent counsel notifies the
                                Attorney General that the investigation of
                                all matters within the prosecutorial
                                jurisdiction of such independent counsel or
                                accepted by such independent counsel under
                                section 594(e), and any resulting
                                prosecutions, have been completed or so
                                substantially completed that it would be
                                appropriate for the Department of Justice to
                                complete such investigations and
                                prosecutions; and

                                    (B) the independent counsel files a
                                final report in compliance with section
                                594(h)(1)(B).

                            (2) Termination by division of the court.--The
                        division of the court, either on its own motion or
                        upon the request of the Attorney General, may
                        terminate an office of independent counsel at any
                        time, on the ground that the investigation of all
                        matters within the prosecutorial jurisdiction of
                        such independent counsel or accepted by such
                        independent counsel under section 594(e), and any
                        resulting prosecutions, have been completed or so
                        substantially completed that it would be appropriate
                        for the Department of Justice to complete such
                        investigations and prosecutions. At the same time of
                        such termination, the independent counsel shall file
                        the final report required by section 594(h)(1)(B).
                        If the Attorney General has not made a request under
                        this paragraph, the division of the court shall
                        determine on its own motion whether termination is
                        appropriate under this paragraph no later than 2
                        years after the appointment of an independent
                        counsel, at the end of the succeeding 2-year period,
                        and thereafter at the end of each succeeding 1-year
                        period.
                    (c) Audits.--(1) On or before June 30 of each year, an
                independent counsel shall prepare a statement of
                expenditures for the 6 months

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                that ended on the immediately preceding March 31. On or
                before December 31 of each year, an independent counsel
                shall prepare a statement of expenditures for the fiscal
                year that ended on the immediately preceding September 30.
                An independent counsel whose office is terminated prior to
                the end of the fiscal year shall prepare a statement of
                expenditures on or before the date that is 90 days after the
                date on which the office is terminated.
                            (2) The Comptroller General shall--

                                    (A) conduct a financial review of a mid-
                                year statement and a financial audit of a
                                year-end statement and statement on
                                termination; and

                                    (B) report the results to the Committee
                                on the Judiciary, Committee on Governmental
                                Affairs, and Committee on Appropriations of
                                the Senate and the Committee on the
                                Judiciary, Committee on Government
                                Operations, and Committee on Appropriations
                                of the House of Representatives not later
                                than 90 days following the submission of
                                each such statement. (Added Oct. 26, 1978,
                                Pub. L. 95-521, Title VI, Sec. 601(a), 92
                                Stat. 1872; Jan. 3, 1983, Pub. L. 97-409,
                                Sec. 2; Dec. 15, 1987, Pub. L. 100-191,
                                Sec. 2, 101 Stat. 1304; June 30, 1994, Pub.
                                L. 103-270, 108 Stat. 735.)

                         Chapter 85.--DISTRICT COURTS: JURISDICTION

         479.2  Sec. 1365. Senate actions.
                    (a) The United States District Court for the District of
                Columbia shall have original jurisdiction, without regard to
                the amount in controversy, over any civil action brought by
                the Senate or any authorized committee or subcommittee of
                the Senate to enforce, to secure a declaratory judgment
                concerning the validity of, or to prevent a threatened
                refusal or failure to comply with, any subpena or order
                issued by the Senate or committee or subcommittee of the
                Senate to any entity acting or purporting to act under color
                or authority of State law or to any natural person to secure
                the production of documents or other materials of any kind
                or the answering of any deposition or interrogatory or to
                secure testimony or any combination thereof. This section
                shall not apply to an action to enforce, to secure a
                declaratory judgment concerning the validity of, or to
                prevent a threatened refusal to comply with, any subpena or
                order issued to an officer or employee of the Federal
                Government acting within his official capacity.
                    (b) Upon application by the Senate or any authorized
                committee or subcommittee of the Senate, the district court
                shall issue an order to an entity or person refusing, or
                failing to comply with, or threatening to refuse or not to
                comply with, a subpena or order of the Senate or committee
                or subcommittee of the Senate requiring such entity or
                person to comply forthwith. Any refusal or failure to obey a
                lawful order of the district court issued pursuant to this
                section may be held by such court to be a contempt thereof.
                A contempt proceeding shall be commenced by an order to show
                cause before the court why the entity or person refusing or
                failing to obey the court order should not be held in
                contempt of court. Such contempt proceeding shall be tried
                by the court and shall be summary in manner. The purpose of
                sanctions imposed as a result of such contempt proceeding
                shall be to compel obedience to the order of the court.
                Process in any such action or con-

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                tempt proceeding may be served in any judicial district
                wherein the entity or party refusing, or failing to comply,
                or threatening to refuse or not to comply, resides,
                transacts business, or may be found, and subpenas for
                witnesses who are required to attend such proceeding may run
                into any other district. Nothing in this section shall
                confer upon such court jurisdiction to affect by injunction
                or otherwise the issuance or effect of any subpena or order
                of the Senate or any committee or subcommittee of the Senate
                or to review, modify, suspend, terminate, or set aside any
                such subpena or order. An action, contempt proceeding, or
                sanction brought or imposed pursuant to this section shall
                not abate upon adjournment sine die by the Senate at the end
                of a Congress if the Senate or the committee or subcommittee
                of the Senate which issued the subpena or order certifies to
                the court that it maintains its interest in securing the
                documents, answers, or testimony during such adjournment.
                    (c) Repealed (Aug. 8, 1984, Sec. 402(29)(D), Pub. L. 98-
                620, 98 Stat. 3359.)
                    (d) The Senate or any committee or subcommittee of the
                Senate commencing and prosecuting a civil action or contempt
                proceeding under this section may be represented in such
                action by such attorneys as the Senate may designate.
                    (e) A civil action commenced or prosecuted under this
                section, may not be authorized pursuant to the Standing
                Order of the Senate ``authorizing suits by Senate
                Committees'' (S. Jour. 572, May 28, 1928).
                    (f) For the purposes of this section the term
                ``committee'' includes standing, select, or special
                committees of the Senate established by law or resolution.
                (Added Oct. 26, 1978, Pub. L. 95-521, Title VII,
                Sec. 705(f)(1), 92 Stat. 1879, Sec. 1364, and amended Pub.
                L. 98-620, Title IV, Sec. 402(29)(D), Nov. 8, 1984, 98 Stat.
                3359; renumbered Sec. 1365, Pub. L. 99-336, Sec. 6(a)(1)(B),
                June 19, 1986, 100 Stat. 638.)

                     Chapter 91.--UNITED STATES COURT OF FEDERAL CLAIMS

         479.3  Sec. 1492. Congressional reference cases.
                    Any bill, except a bill for a pension, may be referred
                by either House of Congress to the chief judge of the United
                States Court of Federal Claims for a report in conformity
                with section 2509 of this title. (June 25, 1948, c. 646, 62
                Stat. 941; Oct. 15, 1966, Pub. L. 89-681, Sec. 1, 80 Stat.
                958. April 2, 1982, Pub. L. 97-164, Title I, 133(b), 96
                Stat. 40; Oct. 29, 1992, Pub. L. 102-572, Title IX,
                Sec. 902(a)(1), 106 Stat. 4516.)

                             Chapter 115.--EVIDENCE; DOCUMENTARY

           480  Sec. 1736. Congressional Journals.
                    Extracts from the Journals of the Senate and the House
                of Representatives, and from the Executive Journal of the
                Senate when the injunction of secrecy is removed, certified
                by the Secretary of the Senate or the Clerk of the House of
                Representatives shall be received in evidence with the same
                effect as the originals would have. (June 25, 1948, ch. 646,
                Sec. 1, 62 Stat. 947.)

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                                Chapter 131.--RULES OF COURTS

         480.3  Sec. 2076. Repealed (Pub. L. 100-702 Sec. 401(c); 102 Stat.
                    4650).

                    Chapter 165.--UNITED STATES COURT OF FEDERAL CLAIMS
                                         PROCEDURE

         480.5  Sec. 2509. Congressional reference cases.
                    (a) Whenever a bill, except a bill for a pension, is
                referred by either House of Congress to the chief judge of
                the United States Court of Federal Claims pursuant to
                section 1492 of this title, the chief judge shall designate
                a judge as hearing officer for the case and a panel of three
                judges of the court to serve as a reviewing body. One member
                of the review panel shall be designated as presiding officer
                of the panel.
                    (b) Proceedings in a congressional reference case shall
                be under rules and regulations prescribed for the purpose by
                the chief judge who is hereby authorized and directed to
                require the application of the pertinent rules of practice
                of the Court of Federal Claims insofar as feasible. Each
                hearing officer and each review panel shall have authority
                to do and perform any acts which may be necessary or proper
                for the efficient performance of their duties, including the
                power of subpena and the power to administer oaths and
                affirmations. None of the rules, rulings, findings, or
                conclusions authorized by this section shall be subject to
                judicial review.
                    (c) The hearing officer to whom a congressional
                reference case is assigned by the chief judge shall proceed
                in accordance with the applicable rules to determine the
                facts, including facts relating to delay or laches, facts
                bearing upon the question whether the bar of any statute of
                limitation should be removed, or facts claimed to excuse the
                claimant for not having resorted to any established legal
                remedy. He shall append to his findings of fact conclusions
                sufficient to inform Congress whether the demand is a legal
                or equitable claim or a gratuity, and the amount, if any,
                legally or equitably due from the United States to the
                claimant.
                    (d) The findings and conclusions of the hearing officer
                shall be submitted by him, together with the record in the
                case, to the review panel for review by it pursuant to such
                rules as may be provided for the purpose, which shall
                include provision for submitting the report of the hearing
                officer to the parties for consideration, exception, and
                argument before the panel. The panel, by majority vote,
                shall adopt or modify the findings or the conclusions of the
                hearing officer.
                    (e) The panel shall submit its report to the chief judge
                for transmission to the appropriate House of Congress.
                    (f) Any act or failure to act or other conduct by a
                party, a witness, or an attorney which would call for the
                imposition of sanctions under the rules of practice of the
                Court of Federal Claims shall be noted by the panel or the
                hearing officer at the time of occurrence thereof and upon
                failure of the delinquent or offending party, witness, or
                attorney to make prompt compliance with the order of the
                panel or the hearing officer a full statement of the
                circumstances shall be incorporated in the report of the
                panel.
                    (g) The Court of Federal Claims is hereby authorized and
                directed, under such regulations as it may prescribe, to
                provide the facilities and services of the office of the
                clerk of the court for the filing, process-

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                ing, hearing, and dispatch of congressional reference cases
                and to include within its annual appropriations the costs
                thereof and other costs of administration, including (but
                without limitation to the items herein listed) the salaries
                and traveling expenses of the judges serving as hearing
                officers and panel members, mailing and service of process,
                necessary physical facilities, equipment, and supplies, and
                personnel (including secretaries and law clerks). (Oct. 15,
                1966, Pub. L. 89-681, Sec. 2, 80 Stat. 958; April 2, 1982,
                Pub. L. 97-164, Title I, Sec. 139(h), 96 Stat. 42; Oct. 29,
                1992, Pub. L. 102-572, Title IX, Sec. 902(a), 106 Stat.
                4516.)