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Page:United States Statutes at Large Volume 92 Part 2.djvu/569

 PUBLIC LAW 95-521—OCT. 26, 1978

92 STAT. 1849

(a), (b), and (d) of section 205 shall not apply with respect to any such report. (b) The Director of the Office of Government Ethics may by rule require disclosure in the reports filed pursuant to subsections (a) and (c) of section 202, of gifts received by a dependent child of a reporting individual if the information required to be disclosed does not exceed that which must be reported by a spouse of a reporting individual under this title. (c) The provisions of this title requiring the reporting of information shall supersede any general requirement under any other provision of law or regulation with respect to the reporting of information required for purposes of preventing conflicts of interest or apparent conflicts of interest. Such provisions of this title shall not supersede the requirements of section 7342 of title 5, United States Code. (d) Nothing in this Act requiring reporting of information shall be deemed to authorize the receipt of income, gifts, or reimbursements; the holding of assets, liabilities, or positions; or the participation in transactions that are prohibited by law, Executive order, or regulation. AUTHORITY OP COMPTROLLER GENERAL

SEC. 208. The Comptroller General shall have access to financial 5 USC app. disclosure reports filed under this title for the purposes of carrying out his statutory responsibilities. DEFINITIONS

SEC. 209. For the purposes of this title, the term— 5 USC app. (1) "income" means all income from whatever source derived, including but not limited to the following items: compensation for services, including fees, commissions, and similar items; net and gross income derived from business; gains derived from dealings m property; interest; rents; royalties; dividends; annuities; income from life insurance and endowment contracts; pensions; income from discharge of indebtedness; distributive share of partnership income; and income from an interest in an estate or trust; (2) "relative" means an individual who is related to the reporting individual, as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, or who is the grandfather or grandmother of the spouse of the reporting individualj and shall be deemed to include the fiance or fiancee of the reporting individual; (3) "gift" means a payment, advance, forbearance, rendering, or deposit of money, or any thing of value, unless consideration of equal or greater value is received by the donor, but does not include— (A) bequest and other forms of inheritance; (B) suitable mementos of a function honoring the reporting individual; (C) food, lod^ng, transportation, and entertainment provided by a foreign government within a foreign country or by the United States Government;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/570

 92 STAT. 1850

2 USC 431 note.

26 USC 152.

PUBLIC LAW 95-521—OCT. 26, 1978 (P) food and beverages consumed at banquets, receptions, or similar events; or (E) communications to the offices of a reporting individual including subscriptions to newspapers and periodicals: (4) "honoraria^' has the meaning given such term in the Federal Election Campaign Act of 1971. (5) "value" means a good faith estimate of the dollar value if the exact value is neimer known nor easily obtainable by the reporting individual; (6) "personal hospitality of any individual" means hospitality extended for a nonbusiness purpose by an individual, not a corporation or organization, at the personal residence of that individual or his family or on property or facilities owned by that individual or his family; (7) "dependent child" means, when used with respect to any reporting individual, any individual who is a son, daughter, stepson, or stepdaughter and who— (A) is unmarried and under age 21 and is living in the household of such reporting individual; or (B) is a dependent of such reporting individual within the meaning of section 152 of the Internal Revenue Code of 1954; (8) "reimbursement" means any payment or other thing of value received by the reporting individual, other than gifts, to cover travel-related expenses of such individual other than those which are— (A) provided by the United States Government; (B) required to be reported by the reporting individual under section 7342 of title 5, United States Code; or (C) required to be reported under section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434); (9) "Secretary concerned" has the meaning set forth in section 101(8) of title 10, United States Code, and, in addition, means— (A) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration; and (B) the Secretary of Health, Education, and Welfare, with respect to matters concerning the Public Health Service; and (10) ''designated agency official" means an officer or employee who is designated to administer the provisions of this title within an agency. OUTSIDE EARNED INCOME

5 USC app.

SEC. 210. Except where the employee's agency or department shall have more restrictive limitations on outside earned income, all employees covered by this title who are compensated at a pay grade 5 USC 5332 note, in the General Schedule of grade 16 or above and who occupy nonjudicial full-time positions appointment to which is required to be made by the President, by and with the advice and consent of the Senate, may not have in any calendar year outside earned income attributable to such calendar year which is in excess of 15 percent of their salary. EFFECTIVE DATE

5 USC app.

SEC. 211. The provisions made by this title shall take effect on January 1, 1979, and the reports filed under section 201(d) on May 15, 1979, shall include information for calendar year 1978.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/571

 PUBLIC LAW 95-521—OCT. 26, 1978

92 STAT. 1851

TITLE III — J U D I C I A L PEKSONNEL FINANCIAL DISCLOSUEE REQUIREMENTS PERSONS REQUIRED TO F I L E

SEC. 301. (a) Within thirty days of assuming the position of a 28 USC app. judicial employee, an individual shall file a report containing the information described in section 302(b). (b) Within five days of the transmittal by the President to the Senate of the nomination of an individual to be a judicial officer, such individual shall file a report containing the information described in section 302(b). Nothing in this Act shall prevent any Congressional committee from requesting, as a condition of confirmation, any additional financial information from any Presidential nominee whose nomination has been referred to that committee. (c) Any individual who is a judicial officer or employee during any calendar year and performs the duties of his position or office for a period in excess of sixty days in that calendar year shall file on or before May 15 of the succeeding year a report containing the information described in section 302(a). (d) Any individual who occupies a position as a judicial officer or employee shall on or before the thirtieth day after termination of employment in such position, file a report containing the information described in section 302(a) covering the preceding calendar year if the report required by subsection (c) of this subsection has not been filed and covering the portion of that calendar year up to the date the individual left such office or position, unless such individual has accepted employment in another position as a judicial officer or employee. (e) Reasonable extensions of time for filing any report may be granted under procedures prescribed by the Judicial Ethics Committee established pursuant to section 303(a) of this title (hereinafter in this title referred to as the "Committee"), but the total of such extensions shall not exceed ninety days. CONTENTS o r REPORTS

SEC. 302. (a) Each report filed pursuant to section 301(c) shall 28 USC app. include a full and complete statement with respect to the following: (1)(A) The source, type, and amount or value of income (other than income referred to in subparagraph (B)) from any source (other than from current employment by the United States Government), and the source, date, and amount of honoraria from any source, received during the preceding calendar year, aggregating $100 or more in value. (B) The source and type of income which consists of dividends, rent, interest, and capital gains received during the preceding calendar year which exceeds $100 in amount or value, and an indication of which of the following categories the amount or value of such item of income is within— (i) not more than $1,000, (ii) greater than $1,000 but not more than $2,500, (iii) greater than $2,500 but not more than $5,000, (iv) greater than $5,000 but not more than $16,000, (v) greater than $15,000 but not more than $50,000,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/572

 92 STAT. 1852

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PUBLIC LAW 95-521—OCT. 26, 1978

(vi) greater than $50,000 but not more than $100,000, or (vii) greater than $100,000. (2)(A) The identity of the source and a brief description of any gifts of transportation, lodging, food, or entertainment aggregating $250 or more in value received from any source other -', than a relative of the reporting individual during the preceding calendar year, except that any food, lodging, or entertainment received as personal hospitality of any individual need not be reported, and any gift with a fair market value of $o5 or less need not be aggregated for purposes of this subparagraph. (B) The identity of the source, a brief description, and the value of all gifts other than transportation, lodging, food, or entertainment aggregating $100 or more in value received from any source other than a relative of the reporting individual during the preceding calendar year, except that any gift with a fair market value of $35 or less need not be aggregated for purposes of this subparagraph. A gift need not be so aggregated if, in an unusual case, a publicly available request for a waiver is granted. (C) The identity of the source and a brief description of reimbursements received from any source aggregating $250 or more in value and received during the preceding calendar year. (3) The identity and category of value of any interest in property held during the preceding calendar year in a trade or business, or for investment or the production of income, which has a fair market value which exceeds $1,000 as of the close of the preceding calendar year, excluding any personal liability owed to the reporting individual by a relative or any deposits • aggregating $5,000 or less in a personal savings account. For purposes of this paragraph, a personal savings account shall include any certificate of deposit or any other form of deposit in a bank, savings and loan association, credit union, or similar financial institution. (4) The identity and category of value of the total liabilities owed to any creditor other than a relative which exceed $10,000 at any time during the preceding calendar year, excluding— (A) any mortgage secured by real property which is a personal A residence of the reporting individual or his spouse; and (B) any loan secured by a personal motor vehicle, household furniture, or appliances, which loan does not exceed the purchase price of the item which secures it. With respect to revolving charge accounts, only those with an outstanding liability which exceeds $10,000 as of the close of the preceding calendar year need be reported under this paragraph. (5) Except as provided in this paragraph, a brief description, the date, and category of value of any purchase, sale, or exchange during the preceding calendar year which exce''ds $1,000— (A) in real property, other than property used solely as a personal residence of the reporting individual or his spouse; or (B) in stocks, bonds, commodities futures, and other forms of securities. Reporting is not required under this paragraph of any transactions solely by and between the reporting individual, his spouse, or dependent children. (6) The identity of all positions held on or before the date of filing during the current calendar year as an officer, director, trustee, part-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/573

 PUBLIC LAW 95-521—OCT. 26, 1978 ner, proprietor, representative, employee, or consultant of any corporation, company, firm, partnership, or other business enterprise, any nonprofit organization, any labor organization, or any educational or other institution other than the United States. This paragraph shall not require the reporting of positions held in any religious, social, fraternal, or political entity and positions solely of an honorary nature. (7) A description of the date, parties to, and terms of any agreement or arrangement with respect to: (A) future employment; (B) a leave of absence during the period of the reporting individual's Government service; (C) continuation of payments by a former employer other than the United States Government; and (D) continuing participation in an employee welfare or benefit plan maintained by a former employer. (b) Each report filed pursuant to subsections (a) and (b) of section 301 shall include a full and complete statement with respect to the information required by paragraphs (3), (4), (6), and (7) of subsection (a), as of a date, specified in such report, which shall be not more than thirty-one days prior to the date of filing, and the information required by paragraph (1) of subsection (a) for the year of filing and the preceding calendar year. (c) In the case of any individual described in section 301(d) of this title, any reference to the preceding calendar year shall be considered also to include that part of the calendar year of filing up to the date of the termination of employment. (d)(1) The categories for reporting the amount or value of the items covered in paragraphs (3), (4), and (5) of subsection (a) are as follows: (A) not more than $5,000; (B) greater than $5,000 but not more than $15,000; (C) greater than $15,000 but not more than $50,000; (D) greater than $50,000 but not more than $100,000; (E) greater than $100,000 but not more than $250,000; and ' (F) greater than $250,000. (2) For the purposes of paragraph (3) of subsection (a) if the current value of an interest in real property (or an interest in a real estate partnership) is not ascertainable without an appraisal, an individual may list (A) the date of purchase and the purchase price of the interest in the real property, or (B) the assessed value of the real property for tax purposes, adjusted to reflect the market value of the property used for the assessment if the assessed value is computed at less than 100 percent of such market value, but such individual shall include in his report a full and complete description of the method used to determine such assessed value, instead of specifying a category of value pursuant to paragraph (1) of this subsection. If the current value of any other item required to be reported under paragraph (3) of subsection (a) is not ascertainable without an appraisal, such individual may list the book value of a corporation whose stock is not publicly traded, the net worth of a business partnership, the equity value of an individually owned business, or with respect to other holdings, any recognized indication of value, but such individual shall include in his report a full and complete description of the method used in determining such value. In lieu of any value referred to in the preceding sentence, an individual may list the assessed value of the item for tax purposes, adjusted to reflect the market value of

92 STAT. 1853

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Page:United States Statutes at Large Volume 92 Part 2.djvu/574

 92 STAT. 1854

PUBLIC LAW 95-521—OCT. 26, 1978 tho item used for the assessnieiit if the assessed value is computed at less than 100 percent of such market value, but a full and complete description of the method used in determining such assessed value shall be included in the report. (e)(1) Except as provided in the last sentence of this paragraph, each report required by subsection (a), (b), or (c) shall also contain information listed in paragraphs (1) through (5) of subsection (a) respecting the spouse or dependent child of the reporting individual as follows: (A) The source of items of earned income earned by a spouse from any person which exceed $1,000 and, with respect to his spouse or dependent child, all information required to be reported in subsection (a)(1)(B) with respect to income derived from any asset held by the spouse or dependent child and reported pursuant to paragraph (3). With respect to earned income, if the spouse is self-employed in business or a profession, only the nature of such business or profession need be reported. .. (B) In the case of any gift which is not received totally independent of the spouse's relationship to the reporting individual, the identity of the source and a brief description of gifts of transportation, lodging, food, or entertainment or the value of other • gifts. (C) In the case of any reimbursement which is not received totally independent of the spouse's relationship to the reporting individual, the identity of the source and a brief description of the reimbursement. (D) In the case of items described in paragraphs (3) through (5), all information required to be reported under these paragraphs other than items (i) which the reporting individual certifies represent the spouse or dependent child's sole financial interest or responsibility and which the reporting individual has no knowledge of (ii) which are not in any way, past or present, derived from the income, assets, or activities of the reporting individual, and (iii) from which the reporting individual neither derives, nor expects to derive, any financial or economic benefit. Each report referred to in subsection (b) of this section shall, with respect to the spouse and dependent child of the reporting individual, only contain information listed in paragraphs (1), (3), and (4) of subsection (a), as specified in this paragraph. (2) No report shall be required with respect to a spouse living separate and apart from the reporting individual with the intention of terminating the marriage or providing for permanent separation; or with respect to any income or obligations of an individual arising from the dissolution of his marriage or the permanent separation from his spouse. (f)(1) Except as provided in paragraph (2), each reporting individual shall report the information required to be reported pursuant to subsections (a), (b), and (c) of this subsection with respect to the holdings of and the income from a trust or other financial arrangement from which income is received by, or with respect to which a beneficial interest in principal or income is held by, such individual, his spouse, or any dependent child. (2) A reporting individual other than a judicial officer of the United States need not report the holdings of or the source of income from any of the holdings of—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/575

 PUBLIC LAW 95-521—OCT. 26, 1978

92 STAT. 1855

(A) any qualified blind trust (as defined in paragraph (3)); or (B) a trust— (i) which was not created directly by such individual, his spouse, or any dependent child, and (ii) the holding or sources of income of which such individual, his spouse, and any dependent child have no knowledge of, but such individual shall report the category of the amount of income received by him, his spouse, or any dependent child from the trust under subsection (a)(1)(B) of this section. (3) For purposes of this subsection, the term "qualified blind trust" "Qualified blind includes any trust in which a reporting individual, his spouse, or any trust." dependent child has a beneficial interest in the principal or income, and which meets the following requirements: (A) The trustee of the trust is a financial institution, an attorney, a certified public accountant, or a broker, who (in the case of a financial institution or investment company, any officer or employee involved in the management or control of the trust who) — (i) is independent of and unassociated with any interested party so that the trustee cannot be controlled or influenced in the administration of the trust by any interested party, (ii) is or has not been an employee of any interested party, or any organization affiliated with any interested party and is not a partner of, or involved in any joint venture or other investment with, any interested party, and (iii) is not a relative of any interested party. (B) Any asset transferred to the trust by an interested party is free of any restriction with respect to its transfer or sale unless such restriction is expressly approved by the supervising ethics office of the reporting individual. (C) The trust instrument which establishes the trust provides Trust instrument that— (i) except to the extent provided in subparagraph (B) of this paragraph, the trustee in the exercise of his authority and discretion to manage and control the assets of the trust shall not consult or notify any interested party; (ii) the trust shall not contain any asset the holding of which by an interested party is prohibited by any law or regulation; (iii) the trustee shall promptly notify the reporting indi- Notification, vidual and his supervising ethics office when the holdings of any particular asset transferred to the trust by any interested party are disposed of or when the value of such holding is less than $1,000; (iv) the trust tax return shall be prepared by the trustee or his designee, and such return and any information relating thereto (other than the trust income summarized in appropriate categories necessary to complete an interested party's tax return), shall not be disclosed to any interested party; (v) an interested part^ shall not receive any report on the holdings and sources of income of the trust, except a report at the end of each calendar quarter with respect to the total cash value of the interest of the interested party in the trust or the net income or loss of the trust or any reports necessary to enable the interested party to complete an individual tax

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Page:United States Statutes at Large Volume 92 Part 2.djvu/576

 92 STAT. 1856

"Interested party."

Notification.

PUBLIC LAW 95-521—OCT. 26, 1978 return required by law or to provide the information required by subsection (a)(1)(B) of this section, but such report shall not identify any asset or holding; (vi) except for communications which solely consist of requests for distributions of cash or other unspecified assets of the trust, there shall be no direct or indirect communication between the trustee and an interested party with respect to the trust unless such communication is in writing and unless it relates only (I) to the general financial interest and needs of the interested party (including, but not limited to, an interest in maximizing income or long-term capital gain), (II) to the notification of the trustee of a law or regulation subsequently applicable to the reporting individual which prohibits the interested party from holding an asset, which notification directs that the asset not be held by the trust, or ( III) to directions to the trustee to sell all of an asset initially placed in the trust by an interested party which in the determination of the reporting individual creates a conflict of interest or the appearance thereof due to the subsequent assumption of duties by the reporting individual (but nothing herein shall require any such direction); and (vii) the interested parties shall make no effort to obtain information with respect to the holdings of the trust, including obtaining a copy of any trust tax return filed or any information relating thereto except as otherwise provided in this subsection. (D) The proposed trust instrument and the proposed trustee is approved by the reporting individual's supervising ethics office. For purposes of this subsection "interested party" means a reporting individual, his spouse, and any dependent child if the reporting individual, his spouse, or dependent child has a beneficial interest in the principal or income of a qualified blind trust; "broker" has the meaning set forth in section 78 of title 15, United States Code; and "supervising ethics office" means the Judicial Ethics Committee. (4) An asset placed in a trust by an interested party shall be considered a financial interest of the reporting individual, for the purpose of section 208 of title 28, United States Code, and any other conflict of interest statutes or regulations of the Federal Government, until such time as the reporting individual is notified by the trustee that such asset has been disposed of, or has a value of less than $1,000. (5)(A) The reporting individual shall, within thirty days after a qualified blind trust is approved by his supervising ethics office, file with such office a copy of— (i) the executed trust instrument of such trust (other than those provisions which relate to the testamentary disposition of the trust assets), and (ii) a list of the assets which were transferred to such trust, including the category of vahie of each asset as determined under subsection (d). (B) The reporting individual shall, within thirty da^s of transferring an asset (other than cash) to a previously established qualified blind trust, notify his supervising ethics office of the identity of each such asset and the category of value of each asset as determined under subsection (d). (C) Within thirty days of the dissolution of a qualified blind trust, a reporting individual shall—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/577

 PUBLIC LAW 95-521—OCT. 26, 1978

92 STAT. 1857

(i) notify his supervising ethics office of such dissolution, and (ii) file with such office a copy of a list of the assets of the trust at the time of such dissolution and the category of value under subsection (d) of this section of each such asset. (D) Documents filed under subparagraphs (A), (B), and (C) of this paragraph and the lists provided by the trustee of assets placed in the trust by an interested party which have been sold shall be made available to the public in the same manner as a report is made available under section 305 and the provisions of that section shall apply. (E) A copy of each written communication with respect to the trust under paragraph (3)(C) (vi) shall be filed by the person initiating the communication with the reporting individual's supervising ethics office within five days of the date of the communication. (6)(A) A trustee of a qualified blind trust shall not knowingly or negligently (i) disclose any information to an interested party with respect to such trust that may not be disclosed under paragraph (3) of this subsection; (ii) acquire any holding the ownership of which is prohibited by the trust instrument; (iii) solicit advice from any interested party with respect to such trust, which solicitation is prohibited by paragraph (3) of this subsection or the trust agreement; or (vi) fail to file any document required by this subsection. (B) A reporting individual shall not knowingly or negligently (i) solicit or receive any information with respect to a qualified blind trust of which he is an interested party that may not be disclosed under paragraph (3)(C), of this subsection or (ii) fail to file any document required by this subsection. (C)(i) The Attorney General may bring a civil action in any Civil action, appropriate United States District Court against any individual who knowingly and willfully violates the provisions of subparagraph (A) or (B) of this paragraph. The court in which such action is Penalty, brought may assess against such individual a civil penalty in any amount not to exceed $5,000. (ii) The Attorney General may bring a civil action in any appropriate United States District Court against any individual who negligently violates the provisions of subparagraph (A) or (B) of this paragraph. The court in which such action is brought may assess against such individual a civil penalty in any amount not to exceed $1,000. (7) Any trust which is in existence prior to the date of the enactment of this Act shall be considered a qualified blind trust if— (A) the supervising ethics office determines that the trust was a good faith effort to establish a blind trust; (B) the previous trust instrument is amended or, if such trust '". \ instrument does not by its terms permit amendment, all parties to the trust instrument, including the reporting individual and the trustee, agree in writing that the trust shall be administered in accordance with the requirements of paragraph (3)(C) and a trustee is (or has been) appointed who meets the requirements of paragraph (3); and (C) a copy of the trust instrument (except testamentary provisions), a list of the assets previously transferred to the trust by an interested party and the category of value of each such asset at the time it was placed in the trust, and a list of assets previously placed in the trust by an interested party which

39-194 O—80—pt. 2

37: QL3

] .;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/578

 92 STAT. 1858

PUBLIC LAW 95-521—OCT. 26, 1978 have been sold is filed and made available to the public as provided under paragraph (5) of this subsection, (g) Political campaign funds, including campaign receipts and expenditures, need not be included in any report filed pursuant to this title. F I L I N G OF REPORTS

Judicial Ethics Committee. 28 USC app.

Legislative recommendations to G)ngress and the President. Regulation.

SEC. 303. (a) The Judicial Conference of the United States shall establish a Judicial Ethics Committee which shall be responsible for developing the forms for reporting the information required by this title and for receiving and making available, in accordance with the provisions of this title, the reports described in section 301. (b) Each judicial officer and judicial employee shall file the report required by this title with the Committee and shall file a copy of such report as a public document with the clerk of the court on which he sits or serves. (c) In the performance of its functions under this title, the Committee, with the approval of the Judicial Conference of the United States, shall— (1) develop the necessary forms and promulgate such rules and regulations as may be necessary; (2) monitor and investigate compliance with the requirements of this title; (3) provide for the availability of reports as required by section 305; (4) conduct, or cause to be conducted, the reviews required by section 306; (5) cooperate with the Attorney General in enforcing the requirements of this title; (6) submit to the Congress and the President recommendations for legislative revision of this title; (7) perform such other functions as may be assigned by the Judicial Conference of the United States. (d) The Committee shall, within one hundred and twenty days after the date of enactment of this Act, develop and, with the approval of the Judicial Conference of the United States, promulgate a regulation establishing a method or methods for readily determining, without the necessity for expert appraisal, the fair market value of assets required to be disclosed by this title. . ^ FAILURE TO FILE OR FALSIFYING REPORTS

Gvil action. 28 USC app.

SEC. 304. (a) The Attorney General may bring a civil action in any appropriate United States District Court against any individual who knowingly and willfully falsifies or who knowingly or willfully fails to file or report any information that such individual is required to report pursuant to section 302. The court in which such action is brought may assess against such individual a civil penalty in any amount not to exceed $5,000. (b) The Committee shall refer to the Attorney General the name of any individual the Committee has reasonable cause to believe has willfully failed to file a report or has willfully falsified or failed to file information required to be reported.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/579

 PUBLIC LAW 95-521—OCT. 26, 1978

92 STAT. 1859

CUSTODY OF AND PUBLIC ACCESS TO REPORTS

SEC. 305. (a) The Committee shall make each report filed with it under this title available to the public in accordance with subsection (b) of this section. (b) The Committee shall, within fifteen days after any report is received by the Committee under this title, permit inspection by or furnish a copy of such report to any person requesting such inspection or copy. The Committee may require the requesting person to pay a reasonable fee in any amount which is found necessary to recover the cost of reproduction or mailing of such report excluding any salary of any employee involved in such reproduction or mailing. A copy of such report may be furnished without charge or at a reduced charge if it is determined that waiver or reduction of the fee is in the public interest. (c)(1) It shall be unlawful for any person to obtain or use a report— (A) for any unlawful purpose; (B) for any commercial purpose other than by news and communications media for dissemination to the general public; (C) for determining or establishing the credit rating of any individual; or (D) for use, directly or indirectly, in the solicitation of money for any political, charitable, or other purpose. (2) The Attorney General may bring a civil action against any person who obtains or uses a report for any purpose prohibited in paragraph (1). The court in which such action is brought may assess against such person a penalty in any amount not to exceed $5,000. Such remedy shall be in addition to any other remedy available under statutory or common law. (d) Any report received by the Committee shall be held in its custody and be made available to the public for a period of six years after receipt of the report. After such six-year period the report shall be destroyed unless needed in an ongoing investigation, except that in the case of an individual who filed the report pursuant to section 301(b) and was not subsequently confirmed by the Senate, such reports shall be destroyed one year after the individual is no longer under consideration by the Senate unless needed in an ongoing investigation.

28 USC app. Inspection or copies of reportji. Fees,

Unlawful uses of reports.

, Gvil action, Penalty,

COMPLIANCE PROCEDURES

S E C 306. (a) The Committee shall establish procedures for the Reviews, review of reports filed with it under this title to determine whether the 28 USC app. reports are filed in a timely manner, are complete, and are in proper form. In the event a determination is made that a report is not so filed, the Committee shall so inform the reporting individual and direct him to take all necessary corrective action. (b) Such procedures shall include provisions for conducting a review each year of financial statements filed in that year by judicial officers and employees to determine whether such statements reveal possible violations of applicable conflict of interest laws or regulations and recommending appropriate action to correct any conflict of interest or ethical problems revealed by such review.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/580

 92 STAT. 1860

PUBLIC LAW 95-521—OCT. 26, 1978 ADDITIONAL REQUIREMENTS

28 USC app.

.s«

is r^i-jt .:i:;

SEC. 307. (a) Nothing in this title shall be construed to prevent the Committee, with the approval of the Judicial Conference of the United States, from requiring officers or employees of the judicial branch not covered by this title to submit confidential fuiancial statements. (b) The Committee, with the approval of the Judicial Conference, may require disclosure, in the reports filed pursuant to subsections (a) and (c) of section 302, of gifts received by a dependent child of a reporting individual if the information required to be disclosed does not exceed that which must be reported by a spouse of a reporting individual under this title. (c) Nothing in this Act requiring reporting of information shall be deemed to authorize the receipt of income, gifts, or reimbursements: the holding of assets, liabilities, or positions; or the participation in transactions that are prohibited by law or regulation. (d) The provisions of this title requiring the reporting of information shall not supersede the requirements of section 7342 of title 5, United States Code. DEFINITIONS

28 USC app.

r

SEC. 308. For the purposes of this title, the term— (1) "income" means all income from whatever source derived, including but not limited to the following items: compensation . y|?,,j,/T for services, including fees, commissions, and similar items; net and gross income ^ r i v e d from business; gains derived from dealings in property; interest; rents; royalties; dividends; annuities; income from life insurance and endowment contracts; pensions; income from discharge of indebtedness; distributive share of partnership income; and income from an interest in an estate or trust; (2) "relative" means an individual who is related to the reporting individual, as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, or who is the grandfather or grandmother of ,^,-h the spouse of the reporting individual, and shall be deemed to ini,. < elude the fiance or fiancee of the reporting individual; (3) "gift" means a payment, advance, forebearance, rendering, or deposit of money, or any thing of value, unless consideration of equal or greater value is received by the donor, but does not include— (A) bequest and other forms of inheritance; 1 (B) suitable mementos of a function honoring the reportj ing individual; (C) food, lodging, transportation, and entertainment 1-* iu j provided by a foreign government within a foreign country or by the United States Government; (D) food and beverages consumed at banquets, receptions, or similar events; or

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92 STAT. 1861

(E) communications to the offices of a reporting individual including subscriptions to newspapers and periodicals; (4) "honoraria" has the meaning given such term in the Federal Election Campaign Act of 1971. 2 USC 431. (5) "value" means a good faith estimate of the dollar value ,^„^^,,, g if the exact value is neither known nor easily obtainable by the reporting individual; (6) "personal hospitality of any individual" means hospitality extended for a nonbusiness purpose by an individual, not a corporation or organization, at the personal residence of that individual or his family or on property or facilities owned by that individual or his family; (7) "dependent child" means, when used with respect to any reporting individual, any individual who is a son, daughter, stepson, or stepdaughter and who— (A) is unmarried and under age 21 and is living in the household of such reporting individual; or (B) is a dependent of such reporting individual within ,....j« the meaning of section 152 of the Internal Revenue Code of 1954; (8) "reimbursement" means any payment or other thing of value received by the reporting individual, other than gifts, to ' cover travel-related expenses of such individual other than those which are— (A) provided by the United States Government; .l/-; (B) required to be reported by the reporting individual . " under section 7342 of title 5; United States Code; or ^-j-. (C) required to be reported under section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434); (9) "judicial officer" means the Chief Justice of the United States, the Associate Justices of the Supreme Court, and the judges of the United States courts of appeals; United States district courts, including the district courts in the Canal Zone, Guam, and the Virgin Islands; Court of Claims; Court of Customs and Patent Appeals; Customs Court; courts of the District of Columbia and any court created by Act of Congress, the judges of which are entitled to hold office during good behavior; and (10) "judicial employee" means any employee of the judicial branch of the Government who is not a judicial officer and who is authorized to perform adjudicatory functions with respect to proceedings in the judicial branch, or who receives compensation at a rate at or in excess of the minimum rate prescribed for grade 16 of the General Schedule under section 5332 of title 5, United States Code. EFFECTIVE DATE

'

SEC. 309. This title shall take effect on January 1, 1979, and the 28 USC app. reports filed under section 301(c) on May 15, 1979, shall include information for calendar year 1978. i ^

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Page:United States Statutes at Large Volume 92 Part 2.djvu/582

 92 STAT. 1862

PUBLIC LAW 95-521—OCT. 26, 1978 TITLE IV—OFFICE OF GOVEKNMENT E T H I C S OFFICE OF GOVERNMENT ETHICS

Establishment. 5 USC app.

SEC. 401. (a) There is established in the Office of Personnel Management an office to be known as the Office of Government Ethics. (b) There shall be at the head of the Office of Government Ethics a Director (hereinafter referred to as the "Director"), who shall be appointed by the President, by and with the advice and consent of the Senate. AUTHORITY AND FUNCTIONS

5 USC app.

Rules and regulations.

Ante, p. 1836. Rules and regulations.

Rules and regulations, interpretation.

Advisory opinion service.

SEC. 402. (a) The Director shall provide, under the general supervision of the Office of Personnel Management, overall direction of executive branch policies related to preventing conflicts of interest on the part of officers and employees of any executive agency, as defined in section 105 of title 5, United States Code. (b) The responsibilities of the Director shall include— (1) developing and recommending to the Office of Personnel Management, in consulation with the Attorney General, rules and regulations, to be promulgated by the President, or the Office of Personnel Management pertaining to conflicts of interest and ethics in the executive branch, including rules and regulations establishing procedures for the filing, review, and public availability of financial statements filed by officers and employees in the executive branch as required by title II of this Act; (2) developing and recommending to the Office of Personnel Management, in consultation with the Attorney General, rules and regulations to be promulgated by the President or the Office of Personnel Management pertaining to the identification and resolution of conflicts of interest; (3) monitoring and investigating compliance with the public financial disclosure requirements of title II of this Act by officers and employees of the executive branch and executive agency officials responsible for receiving, reviewing, and making available financial statements filed pursuant to such title; (4) conducting a review of financial statements to determine whether such statements reveal possible violations of applicable conflict of interest laws or regulations and recommending appropriate action to correct any conflict of interest or ethical problems revealed by such review j (5) monitoring and investigating individual and agency compliance with any additional financial reporting and internal review requirements established by law for the executive branch; (6) interpreting rules and regulations issued by the President or the Office of Personnel Management governing conflict of interest and ethical problems and the filing of financial statements; (7) consulting, when requested, with agency ethics counselors and other responsible officials regarding the resolution of conflict of interest problems in individual cases; (8) establishing a formal advisory opinion service whereby advisory opinions are rendered on matters of general applicability or on important matters of first impression after, to the extent practicable, providing interested parties with an opportunity to transmit written comments with respect to the request for such advisory opinion, and whereby such advisory opinions are com-

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PUBLIC LAW 95-521—OCT. 26, 1978

piled, published, and made available to agency ethics counselors and the public; (9) ordering corrective action on the part of agencies and employees which the Director deems necessary; (10) requiring such reports from executive agencies as the Director deems necessary; (11) assisting the Attorney General in evaluating the effectiveness of the conflict of interest laws and in recommending appropriate amendments; (12) evaluating, with the assistance of the Attorney General, the need for changes in rules and regulations issued by the Office of Personnel Management and the agencies regarding conflict of interest and ethical problems, with a view toward making such rules and regulations consistent with and an effective supplement to the conflict of interest laws; (13) cooperating with the Attorney General in developing an effective system for reporting allegations of violations of the conflict of interest laws to the Attorney General, as required by section 535 of title 28, United States Code; and (14) providing information on and promoting understanding of ethical standards in executive agencies. (c) In the development of policies, rules, regulations, procedures, and forms to be recommended, authorized, or prescribed by him, the Director shall consult when appropriate with the executive agencies affected and with the Attorney General. (d) Pursuant to the Director's responsibilities under subsection Regulation, (b)(1), the Director shall, within one hundred and twenty days after the date of enactment of this Act, develop and recommend to the Office of Personnel Management, and the Office of Personnel Management shall promulgate a regulation establishing a method for readily determining, without the necessity for expert appraisal, the fair market value of assets required to be disclosed by this title. ADMINISTRATIVE PROVISIONS

^

SEC. 403. Upon the request of the Director, each executive agency is directed to— (1) make its services, personnel, and facilities available to the Director to the greatest practicable extent for the performance of functions under this Act; and (2) except when prohibited by law, furnish to the Director all information and records in its possession which the Director may determine to be necessary for the performance of his duties. SEC. 404. In promulgating rules and regulations pertaining to financial disclosure, conflict of interest, and ethics in the executive branch, the Office of Personnel Management shall issue rules and regulations in accordance with chapter 5 of title 5, United States Code. Any person may seek judicial review of any such rule or regulation.

5 USC app.

Rules and regulations, ^ ^^^ *PP5 USC 500 et seq.

AUTHORIZATION OF APPROPRIATIONS

SEC. 405. There are authorized to be appropriated to carry out the 5 USC app. provisions of this title, and for no other purpose— (1) not to exceed $2,000,000 for the fiscal year ending September 30, 1979; and

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 92 STAT. 1864

PUBLIC LAW 95-521—OCT. 26, 1978 (2) not to exceed $2,000,000 for each of the four fiscal years thereafter. A N N U A L PAY

SEC. 406. Section 5316 of title 5, United States Code, is amended by adding at the end the following new paragraph: "(146) Director of the Office of Government Ethics.". TITLE V—POST EMPLOYMENT CONFLICT OF I N T E R E S T SEC. 501. (a) Section 207 of title 18, United States Code, is amended to read as follows: "§207. Disqualification of former officers and employees; disqualification of partners of current officers and employees "(a) Whoever, having been an officer or employee of the executive branch of the United States Government, of any mdependent agency of the United States, or of the District of Columbia, including a special Government employee, after his employment has ceased, knowingly acts as agent or attorney for, or otherwise represents, any other person (except the United States), in any formal or informal appearance before, or, with the intent to influence, makes any oral or written communication on behalf of any other person (except the United States) to— "(1) any department, agency, court, court-martial, or any civil, p.ti « a military, or naval commission of the United States or the District of Columbia, or any officer or employee thereof, and " (2) in connection with any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter involving a specific party or parties in which the United States or the District of Columbia is a party or has a direct and substantial interest, and "(3) in which he participated personally and substantially as ,. an officer or employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise, while so employed; or "(b) Whoever, (i) having been so employed, within two years after his employment has ceased, knowingly acts as agent or attorney for, or otherwise represents, any other person (except the United States), in any formal or informal appearance before, or, with the intent to influence, makes any oral or written communication on behalf of any other person (except the United States) to, or (ii) having been so ''' employed and as specified in subsection (d) of this section, within two years after his employment has ceased, knowingly represents or aids, counsels, advises, consults, or assists in representing any other person ' ' '" (except the United States) concerning any formal or informal appearance before— "(1) any department, agency, court, court-martial, or any civil, military or naval commission of the United States or the District ris:8'J Z H ®^ Columbia, or any officer or employee thereof, and ' " (2) in connection with any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties in

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Page:United States Statutes at Large Volume 92 Part 2.djvu/585

 PUBLIC LAW 95-521—OCT. 26, 1978 which the United States or the District of Columbia is a party or has a direct and substantial interest, and "(3) which was actually pending under his official responsibility as an officer or employee within a period of one year prior to the termination of such responsibility, or in which he participated personally and substantially as an officer or employee; or "(c) Whoever, other than a special Government employee who serves for less than sixty days in a given calendar year, having been so employed as specified in subsection (d) of this section, within one year after such employment has ceased, knowingly acts as agent or attorney for, or otherwise represents, anyone other than the United States in any formal or informal appearance before, or, with the intent to influence, makes any oral or written communication on behalf of anyone other than the United States, to— "(1) the department or agency in which he served as an officer or employee, or any officer or employee thereof, and "(2) in connection with any judicial, rulemaking, or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter, and "(3) which is pending before such department or agency or in which such department or agency has a direct and substantial interest—• shall be fined not more than $10,000 or imprisoned for not more than two years, or both. "(d) Subsection (c) of this section shall apply to a person employed— " (1) at a rate of pay specified in or fixed according to subchapter II of chapter 53 of title 5, United States Code, or a comparable or greater rate of pay under other authority; " (2) in a position for which the basic rat© of pay is equal to or greater than the basic rate of pay for GS-17 of the General Schedule prescribed by section 5332 of title 5, United States Code, and who has significant decision-making or supervisory responsibility, as designated by the Director of the Office of Government Ethics, in consultation with the head of the department or agency concerned; "(3) on active duty as a commissioned officer of a uniformed service assigned to a pay grade of 0 - 7 or above as described in section 201 of title 37, United States Code; or "(4) in a position designated by the Director of the Office of Government Ethics. Within twelve months from the date of enactment of this subsection, the Director of the Office of Government Ethics shall designate positions, which are not included under paragraph (2) of this subsection and which involve significant decision-making authority, or other duties which are substantially similar to those exercised by persons covered by paragraph (2) of this subsection. On an annual basis, the Director shall review the positions designated pursuant to this paragraph, making additions and deletions as are necessary to satisfy the purposes of subsection (c). Departments and agencies shall cooperate to the fullest extent with the Director of the Office of Government Ethics in exercising his responsibilities under this paragraph. "(e) For the purposes of subsection (c), whenever the Director of the Office of Government Ethics determines that a separate statutoiy

92 STAT. 1865

Penalty,

" • ^

5 USC 5301.

Departments and agencies, cooperation. Rule,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/586

 92 STAT. 1866

PUBLIC LAW 95-521—OCT. 26, 1978

agency or bureau within a department or agency exercises functions which are distinct and separate from the remaining functions of the department or agency, the Director shall by rule designate such agency or bureau as a separate department or agency; except that such designation shall not apply to former heads of designated bureaus or agencies, or former officers and employees of the department or agency whose official responsibilities included supervision of said agency or bureau. Consultation. "(f) The prohibitions of subsections (a), (b), and (c) shall not Publication in apply with respect to the making of communications solely for the purFederal Register, p^g^ ^^ furnishing scientific or technological information under procedures acceptable to the department or agency concerned, or if the head of the department or agency concerned with the particular matter, in consultation with the Director of the Office of Government Ethics, makes a certification, published in the Federal Register^ that the former officer or employee has outstanding qualifications m a scientific, technological, or other technical discipline, and is acting with respect to a particular matter which requires such qualifications, and that the national interest would be served by the participation of the former officer or employee. Penalty. "(g) Whoever, being a partner of an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, including a special Government employee, acts as agent or attorney for anyone other than the United States before any department, agency, court, court-martial, or any civil, military, or naval commission of the United States or the District of Columbia, or any officer or employee thereof, in connection with any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter in which the United States or the District of Columbia is a party or has a direct and substantial interest and in which such officer or employee or special Government employee participates or has participated personally and substantially as an officer or employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or which is the subject of his official responsibility, shall be fined not more than $5,000, or imprisoned for not more than one year, or both. "(h) Nothing in this section shall prevent a former officer or employee from giving testimony under oath, or from making statements required to be made under penalty of perjury. "(i) The prohibition contained in subsection (c) shall not apply to appearances or communications by a former officer or employee concerning matters of a personal and individual nature, such as personal income taxes or pension benefits; nor shall the prohibition of that subsection prevent a former officer or employee from making or providing a statement, which is based on the former officer's or employee's own special knowledge in the paiticular area that is the subject of the statement, provided that no compensation is thereby received, other than that regularly provided for by law or regulation for witnesses. Notice, hearing "(j) If the head of the department or agency in which the former opportunity. officer or employee served finds, after notice and opportunity for a hearing, that such former officer or employee violated subsection (a), (b), or (c) of this section, such department or agency head may prohibit that person from making, on behalf of any other person (except

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 92 STAT. 1867

PUBLIC LAW 95-521—OCT. 26, 1978 the United States), any informal or formal appearance before, or, with the intent to influence, any oral or written communication to, such department or agency on a pending matter of business for a period not to exceed five years, or may take other appropriate disciplinary action. Such disciplinary action shall be subject to review in an appropriate United States district court. No later than six months after the effective date of this Act, departments and agencies shall, in consultation with the Director of the Office of Government Ethics, establish procedures to carry out this subsection.". (b) The item relating to section 207 in the table or sections at the beginning of chapter 11 of title 18, United States Code, is amended to read as follows: "207. Disqualification of former ofl9eers and employees; disqualification of partners of current officers and employees.".

Departments and agencies, consultation. 18 USC 201.

APPLICABILITY

SEC. 502. The amendments made by section 501 shall not apply to 18 USC 207 note, those individuals who left Government service prior to the effective date of such amendments or, in the case of individuals who occupied positions designated pursuant to section 207(d) of title 18, United States Code, prior to the effective date of such designation; except that any such individual who returns to Government service on or after the effective date of such amendments or designation shall be thereafter covered by such amendments or designation. EFFECTIVE DATE

SEC. 503. The amendments made by section 501 shall become effective 18 USC 207 note, on July 1, 1979. TITLE VI—AMENDMENTS TO TITLE 28, UNITED STATES CODE SPECIAL PROSECUTOR

SEC. 601. (a) Title 28 of the United States Code is amended by inserting immediately after chapter 37 the following new chapter: 28 USC 581. "Chapter 39.—SPECIAL PROSECUTOR "Sec. "591. Applicability of provisions of this chapter. "592. Application for appointment of a special prosecutor. "593. Duties of the division of the court. "594. Authority and duties of a special prosecutor. "595. Reporting and congressional oversight. "596. Removal of a special prosecutor; termination of office. "597. Relationship with Department of Justice. "598. Termination of effect of chapter.
 * § 591. Applicability of provisions of this chapter

' 28 USC 591.

"(a) The Attorney General shall conduct an investigation pursuant Investigation, to the provisions of this chapter whenever the Attorney General receives specific information that any of the persons described in subsection (b) of this section has committed a violation of any Federal criminal law other than a violation constituting a petty offense.

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 92 STAT. 1868

.sJoK V01» OrfU K>

28 USC 592. Preliminary investigation.

Notification.

J He

PUBLIC LAW 95-521—OCT. 26, 1978 "(b) The persons referred to in subsection (a) of this section are— "(1) the President and Vice President; I) in "(21 any individual serving - a position listed in section 5312 of title 5; "(3) any individual working in the Executive Office of the President and compensated at a rate not less than the annual rate of basic pay provided for level IV of the Executive Schedule under section 5315 of title 5; "(4) any individual working in the Department of Justice and compensated at a rate not less than the annual rate of basic pay provided for level III of the Executive Schedule under section 5314 of title 5, any Assistant Attorney General, the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue; " (5) any individual who held any office or position described in any of paragraphs (1) through (4) of this subsection during the incumbency of the President or during the period the last preceding President held office, if such preceding President was of the same political party as the incumbent President; and "(6) any officer of the principal national campaign committee seeking the election or reelection of the President. "§ 592. Application for appointment of a special prosecutor "(a) The Attorney General, upon receiving specific information that any of the persons described in section 591(b) of this title has engaged in conduct described in section 591(a) of this title, shall conduct, for a period not to exceed ninety days, such preliminary investigation of the matter as the Attorney General deems appropriate. "(b)(1) If the Attorney General, upon completion of the preliminaiT investigation, finds that the matter is so unsubstantiated that no further investigation or prosecution is warranted, the Attorney General shall so notify the division of the court specified in section 593(a) of this title, and the division of the court shall have no power to appoint a special prosecutor. "(2) Such notification shall be by memorandum containing a summary of the information received and a summary of the results of any preliminary investigation. "(3) Such memorandum shall not be revealed to any individual outside the division of the court or the Department of Justice without leave of the division of the court. "(c)(1) If the Attorney General, upon completion of the preliminary investigation, finds that the matter warrants further investigation or prosecution, or if ninety days elapse from the receipt of the information without a determination by the Attorney General that the matter is so unsubstantiated as not to warrant further investigation or prosecution, then the Attorney General shall apply to the division of the court for the appointment of a special prosecutor. "(2)If— " (A) after the filing of a memorandum under subsection (b) of this section, the Attorney General receives additional specific information about the matter to which such memorandum related, and " (B) the Attorney General determines, after such additional investigation as the Attorney General deems appropriate, that such information warrants further investigation or prosecution, then the Attorney General shall, not later than ninety days after

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Page:United States Statutes at Large Volume 92 Part 2.djvu/589

 PUBLIC LAW 95-521—OCT. 26, 1978

92 STAT. 1869

receiving such additional information, apply to the division of the court for the appointment of a special prosecutor. "(d)(1) Any application under this chapter shall contain sufficient information to assist the division of the court to select a special prosecutor and to define that special prosecutor's prosecutorial jurisdiction. "(2) No application or any other documents, materials, or memorandums supplied to the division of the court under this chapter shall be revealed to any individual outside the division of the court or the Department of Justice without leave of the division of the court. "(e) The Attorney General may ask a special prosecutor to accept referral of a matter that relates to a matter within that special prosecutor's prosecutorial jurisdiction. "(f) The Attorney General's determination under subsection (c) of this section to apply to the division of the court for the appointment of a special prosecutor shall not be reviewable in any court. "§ 593. Duties of the division of the court "(a) The division of the court to which this chapter refers is the division established under seel ion 49 of this title. "(b) Upon receipt of an application under section 592(c) of this title, the division of the court shall appoint an appropriate special prosecutor and shall define that special prosecutor's prosecutorial jurisdiction, A special prosecu or's identity and prosecutorial jurisdiction shall be made public upon request of the Attorney General or upon a determination of the division of the court that disclosure of the identity and prosecutorial jurisdiction of such special prosecutor would be in the best interests of justice. In any event the identity and prosecutorial jurisdiction of such prosecutor shall be made public when any indictment is returned or any criminal information is filed. "(c) The division of the court, upon request of the Attorney General which may be incorporated in an application under this chapter, may expand the prosecutorial jurisdiction of an existing special prosecutor, and such expansion may be in lieu of the appointment of an additional special prosecutor. "(d) The division of the court may not appoint as a special prosecutor any person who holds or recently held any office of profit or trust under the United States. "(e) If a vacancy in office arises by reason of the resignation or death of a special prosecutor, the division of the court may appoint a special prosecutor to complete the work of the special prosecutor whose resignation or death caused the vacancy. If a vacancy in office arises by reason of the removal of a special prosecutor, the division of the court may appoint an acting special prosecutor to serve until any judicial review of such removal is completed. Upon the completion of such judicial review, the division of the court shall take appropriate action. "§ 594. Authority and duties of a special prosecutor " (a) Notwithstanding any other provision of law, a special prosecutor appointed under this chapter shall have, with respect to all matters in such special prosecutor's prosecutorial jurisdiction established under this chapter, full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Department of Justice, the Attorney General, and any other officer or employee of the Department of Justice, except that the Attorney General shall exercise direction or control as to those matters that

28 USC 593. Appointment,

'

'

Vacancy,

' 28 USC 594.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/590

 92 STAT. 1870

Compensation.

Employees, appointment.

Compensation.

Assistance.

PUBLIC LAW 95-521—OCT. 26, 1978 specifically require the Attorney General's personal action under section 2516 of title 18. Such investigative and prosecutorial functions and powers shall include— "(1) conducting proceedings before grand juries and other investigations; "(2) participating in court proceedings and engaging in any litigation, including civil and criminal matters, that such special prosecutor deems necessary; " (3) appealing any decision of a court in any case or proceeding in which such special prosecutor participates in an official capacity; "(4) reviewing all documentary evidence available from any source; "(5) determining whether to contest the assertion of any testimonial privilege; "(6) receiving appropriate national security clearances and, if necessary, contesting in court (including, where appropriate, participating in in camera proceedings) any claim of privilege or attempt to withhold evidence on grounds of national security: "(7) making applications to any Federal court for a grant of immunity to any witness, consistent with applicable statutory requirements, or for warrants, subpenas, or other court orders, and, for purposes of sections 6003, 6004, and 6005 of title 18, exercising the authority vested in a United States attorney or the Attorney General; "(8) inspecting, obtaining, or using the original or a copy of any tax return, m accordance with the applicable statutes and regulations, and, for purposes of section 6103 of the Internal Revenue Code of 1954, and the regulations issued thereunder, exercising the powers vested in a United States attorney or the Attorney General; and "(9) initiating and conducting prosecutions in any court of competent jurisdiction, framing and signing indictments, filing informations, and handling all aspects of any case in the name of the United States. "(b) A special prosecutor appointed under this chapter shall receive compensation at a per diem rate equal to the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5. "(c) For the purposes of carrying out the duties of the office of special prosecutor, a special prosecutor shall have power to appoint, fix the compensation, and assign the duties, of such employees as such special prosecutor deems necessary (including investigators, attorneys, and part-time consultants). The positions of all such employees are exempted from the competitive service. No such employee may be compensated at a rate exceeding the maximum rate provided for GS-18 of the General Schedule under section 5382 of title 5. "(d) A special prosecutor may request assistance from the Department of Justice, and the Department of Justice shall provide that assistance, which may include access to any records, files, or other materials relevant to matters within such special prosecutor's prosecutorial jurisdiction, and the use of the resources and personnel necessary to perform such special prosecutor's duties. "(e) A special prosecutor may ask the Attorney General or the division of the court to refer matters related to the special prosecutor^s prosecutorial jurisdiction. A special prosecutor may accept referral

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Page:United States Statutes at Large Volume 92 Part 2.djvu/591

 PUBLIC LAW 95-521—OCT. 26, 1978 of a matter by the Attorney General, if the matter relates to a matter within such special prosecutor's prosecutorial jurisdiction as established by the division of the court. If such a referral is accepted, the special prosecutor shall notify the division of the court. "(f) A special prosecutor shall, to the extent that such special prosecutor deems appropriate, comply with the written policies of the Department of Justice respecting enforcement of the criminal laws. "§ 595. Reporting and congressional oversight "(a) A special prosecutor appointed under this chapter may make public from time to time, and shall send to the Congress statements or reports on the activities of such special prosecutor. These statements and reports shall contain such information as such special prosecutor deems appropriate. "(b)(1) In addition to any reports made under subsection (a) of this section, and before the termination of a special prosecutor's office under section 596(b) of this title, such special prosecutor shall submit to the division of the court a report under this subsection. "(2) A report under this subsection shall set forth fully and completely a description of the work of the special prosecutor, including the disposition of all cases brought, and the reasons for not prosecuting any matter within the prosecutorial jurisdiction of such special prosecutor which was not prosecuted. "(3) The division of the court may release to the Congress, the public, or to any appropriate person, such portions of a report made under this subsection as the division deems appropriate. The division of the court shall make such orders as are appropriate to protect the rights of any individual named in such report and to prevent undue interference with any pending prosecution. The division of the court may make any portion of a report under this section available to any individual named in such report for the purposes of receiving within a time limit set by the division of the court any comments or factual information that such individual may submit. Such comments and factual information, in whole or in part, may in the discretion of such division be included as an appendix to such report. "(c) A special prosecutor shall advise the House of Representatives of any substantial and credible information which such special prosecutor receives 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. "(d) The appropriate committees of the Congress shall have oversight jurisdiction with respect to the official conduct of any special prosecutor appointed under this chapter, and such special prosecutor shall have the duty to cooperate with the exercise of such oversight jurisdiction. "(e) A majority of majority party members or a majority of all nonmajority party members of the Committee on the Judiciary of either House of the Congress may request in writing that the Attorney General apply for the appointment of a special prosecutor. Not later than thirty days after the receipt of such a request, or not later than fifteen days after the completion of a preliminary investigation of the matter with respect to which the request is made, whichever is later, the Attorney General shall provide written notification of any action the Attorney General has taken in response to such request and, if no application

92 STAT. 1871

Notification,

28 USC 595.

Report contents,

?

Oversight jurisdiction,

Written notification,

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 92 STAT. 1872

PUBLIC LAW 95-521—OCT. 26, 1978

has been made to the division of the court, why such application was not made. Such written notification shall be provided to the committee • ih: on which the persons making the request serve, and shall not be revealed to any third party, except that the committee may, either on its own initiative or upon the request of the Attorney General, make public such portion or portions of such notification as will not in the committee's judgment prejudice the rights of any individual. 28 USC 596. "§596. Removal of a special prosecutor; termination of office " "(a)(1) A special prosecutor 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 extraordinary impropriety, physical disability, mental incapacity, or any other condition that substantially impairs the performance of such special prosecutor's duties. Report, submittal "(2) If a special prosecutor is removed from office, the Attorney to congressional General shall promptly submit to the division of the court and the committees. 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, delete or postpone publishing any or all of the report. The division of the court may release any or all of such report in the same manner as a report released under section 595(b)(3) of this title and under the same limitations as apply to the release of a report under that section. Judicial review. "(3) A special prosecutor so removed may obtain judicial review of the removal in a civil action commenced before the division of the court and, if such removal was based on error of law or fact, may obtain reinstatement or other appropriate relief. The division of the court shall cause such an action to be in every way expedited. Notification. "(b)(1) An office of special prosecutor shall terminate when (A) the special prosecutor notifies the Attorney General that the investigation of all matters within the prosecutorial jurisdiction of such special prosecutor or accepted by such special prosecutor under section 594 (e) of this title, 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 special prosecutor files a report in full compliance with section 595(b) of this title. ..\, ^ "(2) The division of the court, either on its own motion or upon ..; suggestion of the Attorney General, may terminate an office of special prosecutor at any time, on the ground that the investigation of all matters within the prosecutorial jurisdiction of the special prosecutor or accepted by such special prosecutor under section 594(e) of this title, 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 time of termination, the special prosecutor shall file the report required by section 595(b) of this title. 28 USC 597. «§ 597. Relationship with Department of Justice "(a) Whenever a matter is in the prosecutorial jurisdiction of a special prosecutor or has been accepted by a special prosecutor under section 594(e) of this title, the Department of Justice, the Attorney

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Page:United States Statutes at Large Volume 92 Part 2.djvu/593

 PUBLIC LAW 95-521—OCT. 26, 1978

92 STAT. 1873

General, and all other officers and employees of the Department of Justice shall suspend all investigations and proceedings regarding such matter, except to the extent required by section 594(d) of this title, and except insofar as such special prosecutor agrees in writing that such investigation or proceedmgs may be continued by the Department of Justice. "(b) Nothing in this chapter shall prevent the Attorney General or the Solicitor General from making a presentation as amicus curiae to any court as to issues of law raised by any case or proceeding in which a special prosecutor participates in an official capacity or any appeal of such a case or proceeding. "§598. Termination of effect of chapter 28 USC 598. "This chapter shall cease to have effect five years after the date of the enactment of this chapter, except that this chapter shall continue in effect with respect to then pending matters before a special prosecutor that in the judgment of such special prosecutor require such continuation until that special prosecutor determines such matters have been completed.". (b) The tables of chapters for title 28 of the United States Code and for part II of such title 28 are each amended by inserting immediately after the item relating to chapter 37 the following new item: "39. Special prosecutor.". (c) There are authorized to be appropriated for each fiscal year such Appropriation sums as may be necessary, to be held by the Department of Justice as a authorization. contingent fund for the use of any special prosecutors appointed under 28 USC 591 note. chapter 39 (relating to special prosecutor) of title 28 of the United States Code in the carrying out of functions under such chapter. ASSIGNMENT OF JUDGES TO OrVTSION TO APPOINT SPECIAL PROSECUTORS

SEC. 602. (a) Chapter 3 of title 28 of the United States Code is amended by adding at the end the following: ecutors " (a) Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing special prosecutors. "(b) Except as provided under subsection (f) of this section, assignment to such division of the court shall not he a bar to other judicial assignments during the term of such division. " (c) In assigning judges or justices to sit on such division of the Priority, court, priority shall be given to senior circuit judges and retired justices. "(d) The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or senior or retired judge or justice may be named to such division from a particular court. "(e) Any vacancy in such division of the court shall be filled only Vacancy. for the remainder of the two-year period in which such vacancy
 * § 49. Assignment of judges to division to appoint special pros- 28 USC 49.

39-194 O—80—pt. 2

38: QL3

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Page:United States Statutes at Large Volume 92 Part 2.djvu/594

 92 STAT. 1874

,,,,,.

PUBLIC LAW 95-521—OCT. 26, 1978

occurs and in the same manner as initial assignments to such division were made. "(f) Except as otherwise provided in chapter 39 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 39 of this title involving a special prosecutor shall be eligible to participate in any judicial proceeding concerning a matter which involves such special prosecutor while such special prosecutor is serving in that office or which involves the exercise of such special prosecutor's official duties, regardless of whether such special prosecutor is still serving in that office.". (b) The table of sections for chapter 3 of title 28 of the United States Code is amended by adding at the end the following item: "49. Assignment of judges to division to appoint special prosecutors.".

-i

DISQUALIFICATION OF OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF J U S T I C E AND A N N U A L REPORT OF ATTORNEY GENERAL

SEC. 603. (a) Chapter 31 of title 28 of the United States Code is amended by adding at the end the following: 28 USC 528. Rules and "The Attorney General shall promulgate rules and regulations which regulations. require the disqualification of any officer or employee of the Department of Justice, including a United States attorney or a member of such attorney's staff, from participation in a particular investigation or prosecution if such participation may result in a personal, financial, or political conflict of interest, or the appearance thereof. Such rules and regulations may provide that a willful violation of any provision thereof shall result in removal from office. 28 USC 529. "§ 529. Annual report of Attorney General Report to "Beginning on June 1, 1979, and at the beginning of each regular Congress. session of Congress thereafter, the Attorney General shall report to Congress on the activities and operations of the Public Integrity Section or any other unit of the Department of Justice designated to supervise the investigation and prosecution of— "(1) any violation of Federal criminal law by any individual who holds or who at the time of such violation held a position, whether or not elective, as a Federal Government officer, employee, or special employee, if such violation relates directly or indirectly to such individual's Federal Government position, employment, or compensation; "(2) any violation of any Federal criminal law relating to _,,, lobbying, conflict of interest, campaigns, and election to public office committed by any person, except insofar as such violation relates to a matter involving discrimination or intimidation on grounds of race, color, religion, or national origin; "(3) any violation of Federal criminal law by any individual who holds or who at the time of such violation held a position, whether or not elective, as a State or local government officer or employee, if such violation relates directly or indirectly to such individual's State or local government position, employment, or ,,.J compensation; and "(4) such other matters as the Attorney General may deem appropriate.
 * § 528. Disqualification of officers and employees of the Department of Justice

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Page:United States Statutes at Large Volume 92 Part 2.djvu/595

 PUBLIC LAW 95-521—OCT. 26, 1978

92 STAT. 1875

Such report shall include the number, type, and disposition of all investigations and prosecutions supervised by such Section or such unit, except that such report shall not disclose information which would interfere with any pending investigation or prosecution or which would improperly infringe upon the privacy rights of any individuals.". (b) The table of sections for chapter 31 of title 28 of the United States Code is amended by adding at the end of the following: "528. Disqualification of oflScers and employees of the Department of Justice. "529. Annual report of Attorney General.". EFFECTIVE DATE

SEC. 604. Except as provided in this section, the amendments made 28 USC 591 note. by this title shall take effect on the date of the enactment of this Act. The provisions of chapter 39 of title 28 of the United States Code, as added by section 601 of this Act, shall not apply to specific information received by the Attorney General pursuant to section 591 of such title 28, if the Attorney General determines that— (1) such specific information is directly related to a prosecution pending at the time such specific information is received by the Attorney General; (2) such specific information is related to a matter which has been presented to a grand jury and is received by the Attorney General within one hundred and eighty days of the date of the enactment of this Act; or (3) such specific information is related to an investigation that is pending at the time such specific information is received by the Attorney General, and such specific information is received by the Attorney General within ninety days of the date of the enactment of this Act. TITLE VII—SENATE LEGAL COUNSEL ESTABLISHMENT

OF OFFICE OF SENATE LEGAL

COUNSEL

SEC. 701. (a)(1) There is established, as an office of the Senate, the Office of Senate Legal Counsel (hereinafter referred to as the "Office"), which shall be headed by a Senate Legal Counsel^ (hereinafter referred to as the "Counsel"); and there shall he a Deputy Senate Legal Counsel (hereinafter referred to as the "Deputy Couhsel") who shall perform such duties as may be assigned to him by the Counsel and who, during any absence, disability, or vacancy in the position of the Counsel, shall serve as Acting Senate Legal (Jounsel. (2) The Counsel and the Deputy Counsel each shall be appointed by the President pro tempore of the Senate from among recommendations submitted by the majority and minority leaders of the Senate, Any appointment made under this paragraph shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person appointed as Counsel or Deputy Counsel shall be learned in the law, a member of the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or employment during the term of such appointment. (3)(A) Any appointment made under paragraph (2) shall become effective upon approval by resolution of the Senate. The Counsel

2 USC 288.

Counsel and Deputy Counsell, appointment.

Appointment, Senate approval.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/596

 92 STAT. 1876 '^ Reappointment.

^. ^. Compensation.

Assistant Senate Legal Counsels, compensation.

Removal.

.sm

Attorney-client relationship.

PUBLIC LAW 95-521—OCT. 26, 1978 and the Deputy Counsel shall each be appointed for a term of service which shall expire at the end of the Congress following the Congress during which the Counsel or Deputy Counsel, respectively, is appointed except that the Senate may, by resolution, remove either the Counsel or the Deputy Counsel prior to the termination of any term of service. The Counsel and the Deputy Counsel may be reappointed at the termination of any term of service. (B) The first Counsel and the first Deputy Counsel shall be appointed, approved, and begin service within ninety days after the effective date of this title, and thereafter the Counsel and Deputy Counsel shall be appointed, approved, and begin service within thirty days after the beginning of the session of the Congress immediately following the termination of a Counsel's or Deputy Counsel's term of service or within sixty days after a vacancy occurs in either position. (4) The Counsel shall receive compensation at a rate equal to the annual rate of basic pay for level III of the Executive Schedule under section 5314 of title 5 of the United States Code. The Deputy Counsel shall receive compensation at a rate equal to the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5 of the United States Code. (b)(1) The Counsel shall select and fix the compensation of such Assistant Senate Legal Counsels (hereinafter referred to as "Assistant Counsels") and of such other personnel, within the limits of available funds, as may be necessary to carry out the provisions of this title and may prescribe the duties and responsibilities of such personnel. The compensation fixed for each Assistant Counsel shall not be in excess of a rate equal to the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5 of the United States Code. Any selection made under this paragraph shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any individual selected as an Assistant Counsel shall be learned in the law, a member of the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or employment during his term of service. The Counsel may remove any individual appointed under this paragraph. (2) For purposes of pay (other than the rate of pay of the Counsel and Deputy Counsel) and employment benefits, right, and privileges, all personnel of the Office shall be treated as employees of the Senate. (c) In carrying out the functions of the Office, the Counsel may procure the temporary (not to exceed one year) or intermittent services of individual consultants (including outside counsel), or organizations thereof, in the same manner and under the same conditions as a standing committee of the Senate may procure such services under section 202(i) of the Legislative Reorganization Act of 1946 (2 U.S.C.Y2a(i)). (d) The Counsel may establish such policies and procedures as may be necessary to carry out the provisions of this title. (e) The counsel may delegate authority for the performance of any fimction imposed by this title except any function imposed upon the Counsel under section 706(b) of this title. (f) The Counsel and other employees of the Office shall niaintain the attorney-client relationship with respect to all communications between them and any Member, officer, or employee of the Senate.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/597

 PUBLIC LAW 95-521—OCT. 26, 1978

92 STAT. 1877

ACCOUNTABILITY OF OFFICE

SEC. 702. (a) The Office shall be directly accountable to the Joint 2 USC 288a. Leadership Group in the performance of the duties of the Office. (b) For purposes of this title, the Joint Leadership Group shall Membership, consist of the following Members: (1) The President pro tempore (or if he so designates, the Deputy President pro tempore) of the Senate. (2^ The majority and minority leaders of the Senate. (3) The Chairman and ranking minority Member of the Committee on the Judiciary of the Senate. (4) The Chairman and ranking minority Member of the committee of the Senate which has jurisdiction over the contingent fund of the Senate. (c) The Joint Leadership Group shall be assisted in the performance of its duties by the Secretary of the Senate. REQUIREMENTS TOR AUTHORIZING REPRESENTATION ACTIYITT

SEC. 703. (a) The Counsel shall defend the Senate or a committee, 2 USC 288b. subcommittee, Member, officer, or employee of the Senate under section 704 only when directed to do so by two-thirds of the Members of the Joint Leadership Group or by the adoption of a resolution by the Senate. (b) The Counsel shall bring a civil action to enforce a subpena of Civil action, the Senate or a committee or subcommittee of the Senate under section 705 only when directed to do so by the adoption of a resolution by the Senate. (c) The Counsel shall intervene or appear as amicus curiae under section 706 only when directed to do so by a resolution adopted by the Senate when such intervention or appearance is to be made in the name of the Senate or in the name of an officer, committee, subcommittee, or chairman of a committee or subcommittee of the Senate. (d) The Counsel shall serve as the duly authorized representative in obtaining an order granting immunity under section 707 of— (1) the Senate when directed to do so by an affirmative vote of a majority of the Members present of the Senate; or (2) a committee or subcommittee of the Senate when directed to do so by an affirmative vote of two-thirds of the members of the full committee. (e) The Office shall make no recommendation with respect to the consideration of a resolution under this section. DEFENDING THE SENATE, A COMMITTEE, SUBCOMMITTEE, MEMBER, OFFICER, OR EMPLOYEE OF THE SENATE

SEC. 704. (a) Except as otherwise provided in subsection (b), when 2 USC 288c. directed to do so pursuant to section 703(a), the Counsel shall— (1) defend the Senate, a committee, subcommittee. Member, officer, or employee of the Senate in any civil action pending in any 1 court of the United States or of a State or political subdivision f. thereof, in which the Senate, such committee, subcommittee, Member, officer, or employee is made a party defendant and in which there is placed in issue the validity of any proceeding of, i or action, including issuance of any subpena or order, taken by

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Page:United States Statutes at Large Volume 92 Part 2.djvu/598

 92 STAT. 1878

PUBLIC LAW 95-521—OCT. 26, 1978

the Senate, or such committee, subcommittee, Member, officer, or ^ ' •;•.. --'.l. employee in its or his official or representative capacity; or (2) defend the Senate or a committee, subcommittee, Member, officer, or employee of the Senate in any proceeding with respect to any subpena or order directed to the Senate or such committee, subcommittee. Member, officer, or employee in its or his official or representative capacity, (b) Representation of a Member, officer, or employee under subsection (a) shall be undertaken by the Counsel only upon the consent of such Member, officer, or employee. I N S T I T U T I N G A CIVIL ACTION TO ENFORCE A SUBPENA
 * , 's.-^-i -!,.¥

2 USC 288d.

SEC. 705. (a) When directed to do so pursuant to section 703(b), the Counsel shall bring a civil action under any statute conferring jurisdiction on any court of the United States (including section 1364 of title 28 of the United States Code, as added by subsection (f)(1) of this section), to enforce, to secure a declaratory judgment concerning dClfe,, the validity of, or to prevent a threatened failure or refusal to comply with, any subpena or order issued by the Senate or a committee or a subcommittee of the Senate authorized to issue a subpena or order. (b) Any directive to the Counsel to bring a civil action pursuant to subsection (a) of this section in the name of a committee or subcommitn »- a; ]< tee of the Senate shall, for such committee or subcommittee, constitute authorization to bring such action within the meaning of any statute conferring jurisdiction on any court of the United States. (c) It shall not be in order in the Senate to consider a resolution to direct the Counsel to bring a civil action pursuant to subsection (a) in the name of a committee or subcommittee unless— (1) such resolution is reported by a majority of the members voting, a majority being present, of such committee or committee of which such subcommittee is a subcommittee, and (2) the report filed by such committee or committee of which such subcommittee is a subcommittee contains a statement of— ,^ J,.,,^„ (A^ the procedure followed in issuing such subpena; (B) the extent to which the party subpenaed has complied with such subpena; (C) any objections or privileges raised by the subpenaed party; and .3 -JI (D) the comparative effectiveness of bringing a civil action under this section, certification of a criminal action for contempt of Congress, and initiating a contempt proceeding before the Senate. (d) The provisions of subsection (c) are enacted— (1) as an exercise of the rulemaking power of the Senate, and, fir ')' i; as such, they shall be considered as part of the rules of the Senate, and such rules shall supersede any other rule of the Senate only to the extent that rule is inconsistent therewith; and (2) with full recognition of the constitutional right of the Senate to change such rules (so far as relating to the procedure in the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate. (e) A report filed pursuant to subsection (c)(2) shall not be receivable in any court of law to the extent such report is in compliance with such subsection.

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