[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.)