[United States Senate Manual, 106th Congress]
[S. Doc. 106-1]
[USCODETITLE]
[Pages 763-767]
[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
       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

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            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.)

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                 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.

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                (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.)