    [United States Senate Manual, 106th Congress]
    [S. Doc. 106-1]
    [USCODETITLE]
    [Pages 763-767]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 763]]

                         TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE

                              Chapter 39.--INDEPENDENT COUNSEL

           479
           479  NOTE: Chapter expired June 30, 1999.

         479.1
         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 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

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                            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 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
         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

    [[Page 765]]

                subpena or order issued to an officer or employee of the
                executive branch of the Federal Government acting within his
                or her official capacity, except that this section shall
                apply if the refusal to comply is based on the assertion of
                a personal privilege or objection and is not based on a
                governmental privilege or objection the assertion of which
                has been authorized by the executive branch of the Federal
                Government.
                    (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 contempt 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. Pub. L. 98-620, Title IV,
                Sec. 402(29)(D), Nov. 8, 1984, 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 Pub. L. 95-521, Title VII, Sec. 705(f)(1), Oct. 26,
                1978, 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; Pub. L. 104-292, Sec. 4, Oct. 11,
                1996, 110 Stat. 3460.)

    [[Page 766]]

                     Chapter 91.--UNITED STATES COURT OF FEDERAL CLAIMS

         479.3
         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, ch. 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
           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.)

                                Chapter 131.--RULES OF COURTS

         480.3
         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
         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.

    [[Page 767]]

                    (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, processing, 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.)