II 

Calendar No. 438 

110TH CONGRESS 

1ST SESSION S. 1845 

[Report No. 110–203] 

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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. DEFINITIONS. 

2 In this Act— 

3 (1) the term ‘‘covered communication’’— 

4 (A) means any communication relating to 

5 an ongoing investigation conducted by the De6 partment of Justice in any civil or criminal 

7 matter (regardless of whether a civil action or 

8 criminal indictment or information has been 

9 filed); and 

10 (B) does not include any communication 

11 relating to policy, appointments, legislation, 

12 budgets, public relations, programmatic mat13 ters, intergovernmental relations, administrative 

14 or personnel matters, or requests for legal ad15 vice; 

16 (2) the term ‘‘covered Department of Justice 

17 officer’’ means— 

18 (A) the Attorney General; 

19 (B) the Deputy Attorney General; 

20 (C) the Associate Attorney General; and 

21 (D) any officer or employee designated 

22 under section 2(a); and 

23 (3) the term ‘‘covered White House officer’’ 

24 means— 

25 (A) the President; 

26 (B) the Vice President; 


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1 (C) the Counsel to the President; 

2 (D) the Counselor to the President; and 

3 (E) any officer or employee designated 

4 under section 2(b). 

5 SEC. 2. DESIGNATION OF OTHER COVERED OFFICERS. 

6 (a) DEPARTMENT OF JUSTICE.— 

7 (1) IN GENERAL.—The Attorney General may 

8 designate any officer or employee of the Department 

9 of Justice as a covered Department of Justice offi10 cer. 

11 (2) NONDELEGABLE AUTHORITY.—The Attor12 ney General may not delegate the authority under 

13 paragraph (1) to any officer or employee of the De14 partment of Justice. 

15 (b) WHITE HOUSE.—The President may designate 

16 any officer or employee of the White House Office as a 

17 covered White House officer. 

18 (c) NOTIFICATION TO CONGRESS.—Not later than 3 

19 days after making a designation under this section, the 

20 Attorney General or the President, as the case may be, 

21 shall submit a notification of that designation, with an ex22 planation of the necessity of that designation, to the Com23 mittee on the Judiciary of the Senate and the Committee 

24 on the Judiciary of the House of Representatives. 


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1 SEC. 3. LIMITATIONS ON COMMUNICATIONS. 

2 Any covered communication between an officer or em3 ployee of the Department of Justice and an officer or em4 ployee of the White House Office may only be made be5 tween a covered Department of Justice officer and a cov6 ered White House officer. 

7 SEC. 4. RULE OF CONSTRUCTION. 

8 Nothing in this Act shall be construed as affecting 

9 any limitation on covered communications by the Depart10 ment of Justice or the White House Office that is more 

11 restrictive than the limitations under this Act. 

12 SECTION 1. SHORT TITLE. 

13 This Act may be cited as the ‘‘Security from Political 

14 Interference in Justice Act of 2007’’. 

15 SEC. 2. DEFINITIONS. 

16 In this Act— 

17 (1) the term ‘‘covered communication’’— 

18 (A) means any communication relating to 

19 an ongoing investigation conducted by the De20 partment of Justice in any civil or criminal 

21 matter (regardless of whether a civil action or 

22 criminal indictment or information has been 

23 filed); and 

24 (B) does not include any communication re25 lating to policy, appointments, legislation, rule26 making, budgets, public relations, programmatic 


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1 matters, intergovernmental relations, adminis2 trative or personnel matters, appellate litigation, 

3 or requests for legal advice; 

4 (2) the term ‘‘covered Department of Justice offi5 cer’’ means— 

6 (A) the Attorney General; 

7 (B) the Deputy Attorney General; and 

8 (C) the Associate Attorney General; and 

9 (3) the term ‘‘covered White House officer’’ 

10 means— 

11 (A) the President; 

12 (B) the Vice President; 

13 (C) the Counsel to the President; and 

14 (D) the Counselor to the President. 

15 SEC. 3. REPORTS TO CONGRESS. 

16 (a) DEPARTMENT OF JUSTICE REPORT.—Not later 

17 than 30 days after each January 1 and July 1 of each cal18 endar year, the Attorney General shall submit to the Com19 mittee on the Judiciary of the Senate and the Committee 

20 on the Judiciary of the House of Representatives a report 

21 with the name and title of each officer or employee of the 

22 Department of Justice who made a covered communication 

23 during the 6-month period preceding that January 1 or 

24 July 1 with any officer or employee of the Executive Office 


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1 of the President. The report need not include any covered 

2 Department of Justice officer. 

3 (b) WHITE HOUSE REPORT.—Not later than 30 days 

4 after each January 1 and July 1 of each calendar year, 

5 the Counsel to the President shall submit to the Committee 

6 on the Judiciary of the Senate and the Committee on the 

7 Judiciary of the House of Representatives a report with the 

8 name and title of each officer or employee of the Executive 

9 Office of the President who made a covered communication 

10 during the 6-month period preceding that January 1 or 

11 July 1 with any officer or employee of the Department of 

12 Justice. The report need not include any covered White 

13 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.’’. 


ccoleman on PROD1PC71 with BILLS

ccoleman on PROD1PC71 with BILLS
Calendar No. 438 

110TH CONGRESS 

1ST SESSION S. 1845 

[Report No. 110

–203] 

A BILL 

To provide for limitations in certain communicainvestigations, and for other purposes. White House Office relating to civil and criminal tions between the Department of Justice and the 

OCTOBER 23, 2007 

Reported with an amendment and an amendment to the 

title 


ccoleman on PROD1PC71 with BILLS