[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3582 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3582
To establish an Independent Counsel on Pernicious Political Activities,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 3, 2022
Ms. Warren (for herself, Mr. Merkley, and Mr. Markey) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To establish an Independent Counsel on Pernicious Political Activities,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Political Corruption Review of
Infractions for Misconduct by Executive Servants Act'' or the
``Political CRIMES Act''.
SEC. 2. INDEPENDENT COUNSEL ON PERNICIOUS POLITICAL ACTIVITIES.
(a) Applicability of Provisions of This Section.--
(1) Preliminary investigation with respect to certain
covered persons.--The Attorney General shall conduct a
preliminary investigation in accordance with subsection (b)
whenever the Attorney General receives information sufficient
to constitute grounds to investigate whether any person
described in paragraph (2) may have violated, between January
20, 2009 and January 21, 2021--
(A) section 7323 or 7324 of title 5, United States
Code, as amended by this Act; or
(B) section 610 of title 18, United States Code.
For purposes of this section, such a violation shall be
referred to as a ``covered violation''.
(2) Persons to whom paragraph (1) applies.--The persons
referred to in paragraph (1) are--
(A) the President and Vice President;
(B) any individual serving in a position listed in
section 5312 of title 5, United States Code;
(C) any individual working in the Executive Office
of the President who is compensated at a rate of pay at
or above level II of the Executive Schedule under
section 5313 of title 5, United States Code;
(D) any Assistant Attorney General and any
individual working in the Department of Justice who is
compensated at a rate of pay at or above level III of
the Executive Schedule under section 5314 of title 5,
United States Code;
(E) the Director of Central Intelligence, the
Deputy Director of Central Intelligence, and the
Commissioner of Internal Revenue; and
(F) for a period of 1 year after leaving an office
or position described in subparagraph (A), (B), (C),
(D), or (E), each individual who held such office or
position.
(3) Preliminary investigation with respect to other
persons.--When the Attorney General determines that an
investigation or prosecution of a person by the Department of
Justice may result in a personal, financial, or political
conflict of interest, the Attorney General may conduct a
preliminary investigation of such person in accordance with
subsection (b) if the Attorney General receives information
sufficient to constitute grounds to investigate whether that
person may have committed a covered violation.
(4) Examination of information to determine need for
preliminary investigation.--
(A) Factors to be considered.--In determining
whether grounds to investigate exist, the Attorney
General shall consider only--
(i) the specificity of the information
received; and
(ii) the credibility of the source of the
information.
(B) Time period for making determination.--The
Attorney General shall determine whether grounds to
investigate exist not later than 30 days after the
information is first received. If within that 30-day
period the Attorney General determines that the
information is not specific or is not from a credible
source, then the Attorney General shall close the
matter, and submit a report, not later than 7 days
thereafter to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House
of Representatives. If within that 30-day period the
Attorney General determines that the information is
specific and from a credible source, the Attorney
General shall, upon making that determination, commence
a preliminary investigation with respect to that
information. If the Attorney General is unable to
determine, within that 30-day period, whether the
information is specific and from a credible source, the
Attorney General shall, at the end of that 30-day
period, commence a preliminary investigation with
respect to that information.
(5) Recusal of attorney general.--
(A) When recusal is required.--
(i) If information received under this
section involves the Attorney General, the
Attorney General shall recuse themselves by
designating the next most senior official in
the Department of Justice who is not also
recused to perform the duties assigned under
this section to the Attorney General.
(ii) If information received under this
section involves a person with whom the
Attorney General has a personal or financial
relationship, the Attorney General shall recuse
themselves by designating the next most senior
official in the Department of Justice who is
not also recused to perform the duties assigned
under this section to the Attorney General.
(B) Requirements for recusal determination.--Before
personally making any other determination under this
section with respect to information received under this
section, the Attorney General shall determine under
subparagraph (A)(ii) whether recusal is necessary. The
Attorney General shall set forth this determination in
writing, identify the facts considered by the Attorney
General, and set forth the reasons for the recusal. The
Attorney General shall file this determination with any
notification or application submitted to the division
of the court under this section with respect to such
information.
(b) Preliminary Investigation and Application for Appointment of an
Independent Counsel.--
(1) Conduct of preliminary investigation.--
(A) In general.--A preliminary investigation
conducted under this section shall be of such matters
as the Attorney General considers appropriate in order
to make a determination, under paragraph (2) or (3), on
whether further investigation is warranted, with
respect to each potential covered violation, or
allegation of a covered violation. The Attorney General
shall make such determination not later than 90 days
after the preliminary investigation is commenced,
except that, in the case of a preliminary investigation
commenced after a congressional request under paragraph
(7), the Attorney General shall make such determination
not later than 90 days after the request is received.
The Attorney General shall promptly notify the division
of the court specified in subsection (c) of the
commencement of such preliminary investigation and the
date of such commencement.
(B) Extension of time for preliminary
investigation.--The Attorney General may apply to the
division of the court for a single extension, for a
period of not more than 60 days, of the 90-day period
referred to in subparagraph (A). The division of the
court may, upon a showing of good cause, grant such
extension.
(2) Determination that further investigation not
warranted.--
(A) Notification of division of the court.--If the
Attorney General, upon completion of a preliminary
investigation under this section, determines that there
are no reasonable grounds to believe that further
investigation is warranted, the Attorney General shall
promptly so notify the division of the court, and the
division of the court shall have no power to appoint an
independent counsel with respect to the matters
involved. The division of the court shall issue a
report in agreement with the Attorney General's
investigation. The Inspector General of the Department
of Justice shall review the Attorney General's
determination to not continue an investigation and
provide notification to the appropriate congressional
committees that such an investigation is underway
within 3 days after the Attorney General's
determination.
(B) Form of notification.--Such notification shall
contain a summary of the information received and a
summary of the results of the preliminary
investigation.
(3) Determination that further investigation is
warranted.--
(A) Application for appointment of independent
counsel.--The Attorney General shall apply to the
division of the court for the appointment of an
independent counsel if--
(i) the Attorney General, upon completion
of a preliminary investigation under this
section, determines that there are reasonable
grounds to believe that further investigation
is warranted; or
(ii) the 90-day period referred to in
paragraph (1)(A), and any extension granted
under paragraph (1)(C), have elapsed and the
Attorney General has not filed a notification
with the division of the court under paragraph
(2)(A).
In determining under this section whether reasonable
grounds exist to warrant further investigation, the
Attorney General shall comply with the written or other
established policies of the Department of Justice with
respect to the conduct of criminal investigations.
(B) Receipt of additional information.--If, after
submitting a notification under paragraph (2)(A), the
Attorney General receives additional information
sufficient to constitute grounds to investigate the
matters to which such notification related, the
Attorney General shall--
(i) conduct such additional preliminary
investigation as the Attorney General considers
appropriate for a period of not more than 90
days after the date on which such additional
information is received; and
(ii) otherwise comply with the provisions
of this subsection with respect to such
additional preliminary investigation to the
same extent as any other preliminary
investigation under this section.
(4) Contents of application.--Any application for the
appointment of an independent counsel under this section shall
contain sufficient information to assist the division of the
court in selecting an independent counsel and in defining that
independent counsel's prosecutorial jurisdiction so that the
independent counsel has adequate authority to fully investigate
and prosecute the subject matter and all matters related to
that subject matter.
(5) Disclosure of information.--Except as otherwise
provided in this section or as is deemed necessary for law
enforcement purposes, no officer or employee of the Department
of Justice or an office of independent counsel may, without
leave of the division of the court, disclose to any individual
outside the Department of Justice or such office any
notification, application, or any other document, materials, or
memorandum supplied to the division of the court under this
section. Nothing in this section shall be construed as
authorizing the withholding of information from the Congress.
(6) Limitation on judicial review.--The Attorney General's
determination under this section to apply to the division of
the court for the appointment of an independent counsel shall
not be reviewable in any court.
(7) Congressional request.--
(A) By judiciary committee or members thereof.--The
Committee on the Judiciary of either House of the
Congress, or a majority of majority party members of
either such committee, may request in writing that the
Attorney General apply for the appointment of an
independent counsel.
(B) Report by attorney general pursuant to
request.--Not later than 30 days after the receipt of a
request under subparagraph (A), the Attorney General
shall submit, to the committee making the request, or
to the committee on which the persons making the
request serve, a report on whether the Attorney General
has begun or will begin a preliminary investigation
under this section of the matters with respect to which
the request is made, in accordance with paragraph (1)
or (3) of subsection (a), as the case may be. The
report shall set forth the reasons for the Attorney
General's decision regarding such preliminary
investigation as it relates to each of the matters with
respect to which the congressional request is made. If
there is such a preliminary investigation, the report
shall include the date on which the preliminary
investigation began or will begin.
(C) Submission of information in response to
congressional request.--At the same time as any
notification, application, or any other document,
material, or memorandum is supplied to the division of
the court pursuant to this section with respect to a
preliminary investigation of any matter with respect to
which a request is made under subparagraph (A), such
notification, application, or other document, material,
or memorandum shall be supplied to the committee making
the request, or to the committee on which the persons
making the request serve. If no application for the
appointment of an independent counsel is made to the
division of the court under this subsection pursuant to
such a preliminary investigation, the Attorney General
shall submit a report to that committee stating the
reasons why such application was not made, addressing
each matter with respect to which the congressional
request was made.
(D) Disclosure of information.--Any report,
notification, application, or other document, material,
or memorandum supplied to a committee under this
paragraph 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 report,
notification, application, document, material, or
memorandum as will not in the committee's judgment
prejudice the rights of any individual.
(c) Duties of the Division of the Court.--
(1) Reference to division of the court.--The division of
the court to which this Act refers is the division established
under section 49 of title 28, United States Code. A division
shall be so established if not in effect on the date of
enactment of this Act.
(2) Appointment and jurisdiction of independent counsel.--
(A) Authority.--Upon receipt of an application
under subsection (b)(3), the division of the court
shall appoint an appropriate independent counsel and
shall define that independent counsel's prosecutorial
jurisdiction.
(B) Qualifications of independent counsel.--The
division of the court shall appoint as independent
counsel an individual who has appropriate experience
and who will conduct the investigation and any
prosecution in a prompt, responsible, and cost-
effective manner. The division of the court shall seek
to appoint as independent counsel an individual who
will serve to the extent necessary to complete the
investigation and any prosecution without undue delay.
The division of the court may not appoint as an
independent counsel any person who holds any office of
profit or trust under the United States.
(C) Scope of prosecutorial jurisdiction.--In
defining the independent counsel's prosecutorial
jurisdiction, the division of the court shall assure
that the independent counsel has adequate authority to
fully investigate and prosecute covered violations.
Such jurisdiction shall also include the authority to
investigate and prosecute Federal crimes, other than
those classified as Class B or C misdemeanors or
infractions, that may arise out of the investigation or
prosecution of the matter with respect to which the
Attorney General's request was made, including perjury,
obstruction of justice, destruction of evidence, and
intimidation of witnesses.
(D) Disclosure of identity and prosecutorial
jurisdiction.--An independent counsel's identity and
prosecutorial jurisdiction (including any expansion
under paragraph (3)) may not be made public except upon
the 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 independent counsel would be in
the best interests of justice. In any event, the
identity and prosecutorial jurisdiction of such
independent counsel shall be made public when any
indictment is returned, or any criminal information is
filed, pursuant to the independent counsel's
investigation.
(3) Return for further investigation.--Upon receipt of a
notification from the Attorney General that there are no
reasonable grounds to believe that further investigation is
warranted with respect to information received under this
section, the division of the court shall have no authority to
overrule this determination but may return the matter to the
Attorney General for further explanation of the reasons for
such determination.
(4) Vacancies.--If a vacancy in office arises by reason of
the resignation, death, or removal of an independent counsel,
the division of the court shall appoint an independent counsel
to complete the work of the independent counsel whose
resignation, death, or removal caused the vacancy, except that
in the case of a vacancy arising by reason of the removal of an
independent counsel, the division of the court may appoint an
acting independent counsel to serve until any judicial review
of such removal is completed. If the independent counsel is
removed, the division of the court shall report on such removal
to the appropriate congressional committees not later than 3
days thereafter.
(5) Attorney's fees.--
(A) Award of fees.--Upon the request of an
individual who is the subject of an investigation
conducted by an independent counsel pursuant to this
section, the division of the court may, if no
indictment is brought against such individual pursuant
to that investigation, award reimbursement for those
reasonable attorneys' fees incurred by that individual
during that investigation which would not have been
incurred but for the requirements of this Act. The
division of the court shall notify the independent
counsel who conducted the investigation and the
Attorney General of any request for attorneys' fees
under this paragraph.
(B) Evaluation of fees.--The division of the court
shall direct such independent counsel and the Attorney
General to file a written evaluation of any request for
attorneys' fees under this subsection, addressing--
(i) the sufficiency of the documentation;
(ii) the need or justification for the
attorneys' fees;
(iii) whether the attorneys' fees would
have been incurred but for the requirements of
this section; and
(iv) the reasonableness of the amount of
money requested.
(6) Disclosure of information.--The division of the court
may, subject to subsection (d)(8)(B), allow the disclosure of
any notification, application, or any other document, material,
or memorandum supplied to the division of the court under this
section.
(7) Amicus curiae briefs.--When presented with significant
legal issues, the division of the court may disclose sufficient
information about the issues to permit the filing of timely
amicus curiae briefs.
(d) Authorities and Duties of an Independent Counsel.--
(1) Authorities.--Notwithstanding any other provision of
law, an independent counsel appointed under this section shall
have, with respect to all matters in such independent counsel's
prosecutorial jurisdiction established under this section, 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 specifically require the Attorney General's personal
action under section 2516 of title 18, United States Code. Such
investigative and prosecutorial functions and powers shall
include--
(A) conducting proceedings before grand juries and
other investigations;
(B) participating in court proceedings and engaging
in any litigation, including civil and criminal matters
that such independent counsel considers necessary;
(C) appealing any decision of a court in any case
or proceeding in which such independent counsel
participates in an official capacity;
(D) reviewing all documentary evidence available
from any source;
(E) determining whether to contest the assertion of
any testimonial privilege;
(F) receiving appropriate national security
clearances and, if necessary, contesting in court
(including, where appropriate, participating in camera
proceedings) any claim of privilege or attempt to
withhold evidence on grounds of national security;
(G) making applications to any Federal court for a
grant of immunity to any witness, consistent with
applicable statutory requirements, or for warrants,
subpoenas, or other court orders, and, for purposes of
sections 6003, 6004, and 6005 of title 18, United
States Code, exercising the authority vested in a
United States attorney or the Attorney General;
(H) inspecting, obtaining, or using the original or
a copy of any tax return, in accordance with the
applicable statutes and regulations, and, for purposes
of section 6103 of the Internal Revenue Code of 1986
and the regulations issued thereunder, exercising the
powers vested in a United States attorney or the
Attorney General;
(I) 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;
and
(J) consulting with the United States attorney for
the district in which any covered violation was alleged
to have occurred.
(2) Compensation.--
(A) In general.--An independent counsel appointed
under this Act shall receive compensation at the per
diem rate equal to the annual rate of basic pay payable
for level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(B) Travel expenses.--Except as provided in
subparagraph (C), an independent counsel and persons
appointed under paragraph (3) shall be entitled to the
payment of travel expenses as provided by subchapter I
of chapter 57 of title 5, United States Code, including
travel, per diem, and subsistence expenses in
accordance with section 5703 of such title 5.
(C) Travel to primary office.--
(i) In general.--After 1 year of service
under this section, an independent counsel and
persons appointed under paragraph (3) shall not
be entitled to the payment of travel, per diem,
or subsistence expenses under subchapter I of
chapter 57 of title 5, United States Code, for
the purpose of commuting to or from the city in
which the primary office of the independent
counsel or person is located. The 1-year period
may be extended for successive 6-month periods
if the independent counsel and the division of
the court certify that the payment is in the
public interest to carry out the purposes of
this section.
(ii) Relevant factors.--In making any
certification under this subparagraph with
respect to travel and subsistence expenses of
an independent counsel or person appointed
under paragraph (3), the independent counsel
and the division of the court shall consider,
among other relevant factors--
(I) the cost to the Government of
reimbursing such travel and subsistence
expenses;
(II) the period of time for which
the independent counsel anticipates
that the activities of the independent
counsel or person, as the case may be,
will continue;
(III) the personal and financial
burdens on the independent counsel or
person, as the case may be, of
relocating so that such travel and
subsistence expenses would not be
incurred; and
(IV) the burdens associated with
appointing a new independent counsel,
or appointing another person under
paragraph (3), to replace the
individual involved who is unable or
unwilling to so relocate.
(3) Additional personnel.--For the purposes of carrying out
the duties of an office of independent counsel, such
independent counsel may appoint, fix the compensation, and
assign the duties of such employees as such independent counsel
considers necessary (including investigators, attorneys, and
part-time consultants). The positions of all such employees are
exempted from the competitive service. Such employees shall be
compensated at levels not to exceed those payable for
comparable positions in the Office of United States Attorney
for the District of Columbia under sections 548 and 550, but in
no event shall any such employee be compensated at a rate
greater than the rate of basic pay payable for level ES-4 of
the Senior Executive Service Schedule under section 5382 of
title 5, United States Code, as adjusted for the District of
Columbia under section 5304 of that title regardless of the
locality in which an employee is employed.
(4) Assistance of department of justice.--
(A) In carrying out functions.--An independent
counsel may request assistance from the Department of
Justice in carrying out the functions of the
independent counsel, 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 independent counsel's prosecutorial
jurisdiction, and the use of the resources and
personnel necessary to perform such independent
counsel's duties. At the request of an independent
counsel, prosecutors, administrative personnel, and
other employees of the Department of Justice may be
detailed to the staff of the independent counsel.
(B) Payment of and reports on expenditures of
independent counsel.--The Department of Justice shall
pay all costs relating to the establishment and
operation of any office of independent counsel. The
Attorney General shall submit to the Congress, not
later than 30 days after the end of each fiscal year, a
report on amounts paid during that fiscal year for
expenses of investigations and prosecutions by
independent counsel. Each such report shall include a
statement of all payments made for activities of
independent counsel but may not reveal the identity or
prosecutorial jurisdiction of any independent counsel
which has not been disclosed under subsection
(c)(2)(D).
(5) Referral of other matters.--
(A) Referral of other matters to an independent
counsel.--An independent counsel may ask the Attorney
General or the division of the court to refer to the
independent counsel matters related to the independent
counsel's prosecutorial jurisdiction, and the Attorney
General or the division of the court, as the case may
be, may refer such matters. If the Attorney General
refers a matter to an independent counsel on the
Attorney General's own initiative, the independent
counsel may accept such referral if the matter relates
to the independent counsel's prosecutorial
jurisdiction. If the Attorney General refers any matter
to the independent counsel pursuant to the independent
counsel's request, or if the independent counsel
accepts a referral made by the Attorney General on the
Attorney General's own initiative, the independent
counsel shall so notify the division of the court.
(B) Referral of other matters to the attorney
general.--If an independent counsel appointed under
this section finds a violation of the law other than a
covered violation, the independent counsel shall--
(i) refer the matter to the Attorney
General;
(ii) refer the matter to any relevant state
or local law enforcement official; and
(iii) not later than 7 days after discovery
of the violation, submit a report to Congress.
(6) Compliance with policies of the department of
justice.--
(A) In general.--An independent counsel shall,
except to the extent that to do so would be
inconsistent with the purposes of this section, comply
with the written or other established policies of the
Department of Justice respecting enforcement of the
criminal laws. To determine these policies and policies
under paragraph (12)(A)(ii), the independent counsel
shall, except to the extent that doing so would be
inconsistent with the purposes of this section, consult
with the Department of Justice.
(B) National security.--An independent counsel
shall comply with guidelines and procedures used by the
Department in the handling and use of classified
material.
(7) Dismissal of matters.--The independent counsel shall
have full authority to dismiss matters within the independent
counsel's prosecutorial jurisdiction without conducting an
investigation or at any subsequent time before prosecution, if
to do so would be consistent with the written or other
established policies of the Department of Justice with respect
to the enforcement of criminal laws. The independent counsel
shall report, not later than 3 days thereafter, on any such
dismissal, to the appropriate committees of Congress.
(8) Reports by independent counsel.--
(A) Required reports.--An independent counsel
shall--
(i) file with the division of the court,
with respect to the 6-month period beginning on
the date of that counsel's appointment, and
with respect to each 6-month period thereafter
until the office of that independent counsel
terminates, a report which identifies and
explains major expenses, and summarizes all
other expenses, incurred by that office during
the 6-month period with respect to which the
report is filed, and estimates future expenses
of that office; and
(ii) before the termination of the
independent counsel's office under subsection
(f)(2), file a final report with the division
of the court, setting forth fully and
completely a description of the work of the
independent counsel, including the disposition
of all cases brought.
(B) Disclosure of information in reports.--The
division of the court shall release to the Congress,
and may release to the public, or any appropriate
person, such portions of a report made under this
paragraph as the division of the court considers
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 final report
filed under subparagraph (A)(ii) 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 the division of the court, be included as
an appendix to such final report.
(C) Publication of reports.--At the request of an
independent counsel, the Director of the Government
Publishing Office shall cause to be printed any report
previously released to the public under subparagraph
(B). The independent counsel shall certify the number
of copies necessary for the public, and the Director of
the Government Publishing Office shall place the cost
of the required number to the debit of such independent
counsel. Additional copies shall be made available to
the public through the depository library program and
Superintendent of Documents sales program pursuant to
sections 1702 and 1903 of title 44, United States Code.
Such report shall be considered to be publicly
available if it is available to the public online in an
electronic searchable format.
(9) Independence from department of justice.--Each
independent counsel appointed under this section, and the
persons appointed by that independent counsel under paragraph
(3), are separate from and independent of the Department of
Justice for purposes of sections 202 through 209 of title 18,
United States Code.
(10) Standards of conduct applicable to independent
counsel, persons serving in the office of an independent
counsel, and their law firms.--
(A) Restrictions on employment while independent
counsel and appointees are serving.--
(i) During the period in which an
independent counsel is serving under this
section, such independent counsel and any
person associated with a firm with which such
independent counsel is associated may not
represent in any matter any person involved in
any investigation or prosecution under this
section.
(ii) During the period in which any person
appointed by an independent counsel under
paragraph (3) is serving in the office of
independent counsel, such person may not
represent in any matter any person involved in
any investigation or prosecution under this
section.
(B) Post employment restrictions on independent
counsel and appointees.--
(i) Each independent counsel and each
person appointed by that independent counsel
under paragraph (3) may not, for 3 years
following the termination of the service under
this section of that independent counsel or
appointed person, as the case may be, represent
any person in any matter if that individual was
the subject of an investigation or prosecution
under this section that was conducted by that
independent counsel.
(ii) Each independent counsel and each
person appointed by that independent counsel
under paragraph (3) may not, for 1 year
following the termination of the service under
this section of that independent counsel or
appointed person, as the case may be, represent
any person in any matter involving any
investigation or prosecution under this
section.
(C) One-year ban on representation by members of
firms of independent counsel.--Any person who is
associated with a firm with which an independent
counsel is associated or becomes associated after
termination of the service of that independent counsel
under this section may not, for 1 year following such
termination, represent any person in any matter
involving any investigation or prosecution under this
section.
(D) Definitions.--For purposes of this paragraph--
(i) the term ``firm'' means a law firm
whether organized as a partnership or
corporation; and
(ii) a person is ``associated'' with a firm
if that person is an officer, director,
partner, or other member or employee of that
firm.
(E) Enforcement.--The Attorney General and the
Director of the Office of Government Ethics have
authority to enforce compliance with this paragraph.
(11) Custody of records of an independent counsel.--
(A) Transfer of records.--Upon termination of the
office of an independent counsel, that independent
counsel shall transfer to the Archivist of the United
States all records which have been created or received
by that office. Before this transfer, the independent
counsel shall clearly identify which of these records
are subject to rule 6(e) of the Federal Rules of
Criminal Procedure as grand jury materials and which of
these records have been classified as national security
information. Any records which were compiled by an
independent counsel and, upon termination of the
independent counsel's office, were stored with the
division of the court or elsewhere before the date of
enactment of this Act, shall also be transferred to the
Archivist of the United States by the division of the
court or the person in possession of such records.
(B) Maintenance, use, and disposal of records.--
Records transferred to the Archivist under this section
shall be maintained, used, and disposed of in
accordance with chapters 21, 29, and 33 of title 44,
United States Code.
(C) Access to records.--
(i) In general.--Subject to subparagraph
(D), access to the records transferred to the
Archivist under this section shall be governed
by section 552 of title 5, United States Code.
(ii) Access by department of justice.--The
Archivist shall, upon written application by
the Attorney General, disclose any such records
to the Department of Justice for purposes of an
ongoing law enforcement investigation or court
proceeding, except that, in the case of grand
jury materials, such records shall be so
disclosed only by order of the court of
jurisdiction under rule 6(e) of the Federal
Rules of Criminal Procedure.
(iii) Exception.--Notwithstanding any
restriction on access imposed by law, the
Archivist and persons employed by the National
Archives and Records Administration who are
engaged in the performance of normal archival
work shall be permitted access to the records
transferred to the Archivist under this
section.
(D) Records provided by congress.--Records of an
investigation conducted by a committee of the House of
Representatives or the Senate which are provided to an
independent counsel to assist in an investigation or
prosecution conducted by that independent counsel--
(i) shall be maintained as a separate body
of records within the records of the
independent counsel; and
(ii) shall, after the records have been
transferred to the Archivist under this
section, be made available, except as provided
in subparagraph (C)(ii) and (iii), in
accordance with the rules governing release of
the records of the House of Congress that
provided the records to the independent
counsel.
Clause (ii) shall not apply to those records which have
been surrendered pursuant to grand jury or court
proceedings.
(12) Cost controls and administrative support.--
(A) Cost controls.--
(i) In general.--An independent counsel
shall--
(I) conduct all activities with due
regard for expense;
(II) authorize only reasonable and
lawful expenditures; and
(III) promptly, upon taking office,
assign to a specific employee the duty
of certifying that expenditures of the
independent counsel are reasonable and
made in accordance with law.
(ii) Liability for invalid certification.--
An employee making a certification under clause
(i)(III) shall be liable for an invalid
certification to the same extent as a
certifying official certifying a voucher is
liable under section 3528 of title 31, United
States Code.
(iii) Department of justice policies.--An
independent counsel shall comply with the
established policies of the Department of
Justice respecting expenditures of funds,
except to the extent that compliance would be
inconsistent with the purposes of this section.
(B) Administrative support.--The Director of the
Administrative Office of the United States Courts shall
provide administrative support and guidance to each
independent counsel. No officer or employee of the
Administrative Office of the United States Courts shall
disclose information related to an independent
counsel's expenditures, personnel, or administrative
acts or arrangements without the authorization of the
independent counsel.
(C) Office space.--The Administrator of General
Services, in consultation with the Director of the
Administrative Office of the United States Courts,
shall promptly provide appropriate office space for
each independent counsel. Such office space shall be
within a Federal building unless the Administrator of
General Services determines that other arrangements
would cost less. Until such office space is provided,
the Administrative Office of the United States Courts
shall provide newly appointed independent counsels
immediately upon appointment with appropriate,
temporary office space, equipment, and supplies.
(e) Congressional Oversight.--
(1) Oversight of conduct of independent counsel.--
(A) Congressional oversight.--The appropriate
committees of the Congress shall have oversight
jurisdiction with respect to the official conduct of
any independent counsel appointed under this section,
and such independent counsel shall have the duty to
cooperate with the exercise of such oversight
jurisdiction.
(B) Reports to congress.--An independent counsel
appointed under this section shall submit to the
Congress annually a report on the activities of the
independent counsel, including a description of the
progress of any investigation or prosecution conducted
by the independent counsel. Such report may omit any
matter that in the judgment of the independent counsel
should be kept confidential, but shall provide
information adequate to justify the expenditures that
the office of the independent counsel has made.
(2) Oversight of conduct of attorney general.--Within 15
days after receiving an inquiry about a particular case under
this section, which is a matter of public knowledge, from a
committee of the Congress with jurisdiction over this section,
the Attorney General shall provide the following information to
that committee with respect to that case:
(A) When the information about the case was
received.
(B) Whether a preliminary investigation is being
conducted, and if so, the date it began.
(C) Whether an application for the appointment of
an independent counsel or a notification that further
investigation is not warranted has been filed with the
division of the court, and if so, the date of such
filing.
(3) Information relating to impeachment.--An independent
counsel shall advise the House of Representatives of any
substantial and credible information which such independent
counsel receives, in carrying out the independent counsel's
responsibilities under this section, that may constitute
grounds for an impeachment. Nothing in this section or section
49 of title 28, United States Code, shall prevent the Congress
or either House thereof from obtaining information in the
course of an impeachment proceeding.
(f) Removal of an Independent Counsel; Termination of Office.--
(1) Removal; report on removal.--
(A) Grounds for removal.--An independent counsel
appointed under this section may be removed from
office, other than by impeachment and conviction, only
by the personal action of the Attorney General and only
for good cause, physical or mental disability (if not
prohibited by law protecting persons from
discrimination on the basis of such a disability), or
any other condition that substantially impairs the
performance of such independent counsel's duties.
(B) Report to division of the court and congress.--
If an independent counsel is removed from office, the
Attorney General shall promptly submit to the division
of the court and the Committees on the Judiciary of the
Senate and the House of Representatives a report
specifying the facts found and the ultimate grounds for
such removal. The committees shall make available to
the public such report, except that each committee may,
if necessary to protect the rights of any individual
named in the report or to prevent undue interference
with any pending prosecution, postpone or refrain from
publishing any or all of the report. The division of
the court may release any or all of such report in
accordance with subsection (d)(8)(B).
(C) Judicial review of removal.--An independent
counsel removed from office may obtain judicial review
of the removal in a civil action commenced in the
United States District Court for the District of
Columbia. A member of the division of the court may not
hear or determine any such civil action or any appeal
of a decision in any such civil action. The independent
counsel may be reinstated or granted other appropriate
relief by order of the court.
(2) Termination of office.--
(A) Termination by action of independent counsel.--
An office of independent counsel shall terminate when--
(i) the independent counsel notifies the
Attorney General that the investigation of all
matters within the prosecutorial jurisdiction
of such independent counsel or accepted by such
independent counsel under subsection (d)(5),
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
(ii) the independent counsel files a final
report in compliance with subsection
(d)(8)(A)(ii).
(B) Termination by division of the court.--The
division of the court, either on its own motion or upon
the request of the Attorney General, may terminate an
office of independent counsel at any time, on the
ground that the investigation of all matters within the
prosecutorial jurisdiction of such independent counsel
or accepted by such independent counsel under
subsection (d)(5), 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 such termination, the independent counsel shall
file the final report required by subsection
(d)(8)(A)(ii). If the Attorney General has not made a
request under this subparagraph, the division of the
court shall determine on its own motion whether
termination is appropriate under this paragraph no
later than 2 years after the appointment of an
independent counsel, at the end of the succeeding 2-
year period, and thereafter at the end of each
succeeding 1-year period.
(3) Audits.--
(A) On or before June 30 of each year, an
independent counsel shall prepare a statement of
expenditures for the 6 months that ended on the
immediately preceding March 31. On or before December
31 of each year, an independent counsel shall prepare a
statement of expenditures for the fiscal year that
ended on the immediately preceding September 30. An
independent counsel whose office is terminated prior to
the end of the fiscal year shall prepare a statement of
expenditures on or before the date that is 90 days
after the date on which the office is terminated.
(B) The Comptroller General of the United States
shall--
(i) conduct a financial review of a mid-
year statement and a financial audit of a year-
end statement and statement on termination; and
(ii) report the results to the Committee on
the Judiciary, Committee on Homeland Security
and Governmental Affairs, and Committee on
Appropriations of the Senate and the Committee
on the Judiciary, Committee on Oversight and
Reform, and Committee on Appropriations of the
House of Representatives not later than 90 days
following the submission of each such
statement.
(g) Relationship With Department of Justice.--
(1) Suspension of other investigations and proceedings.--
Whenever a matter is in the prosecutorial jurisdiction of an
independent counsel or has been accepted by an independent
counsel under subsection (d)(5), the Department of Justice, the
Attorney 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 subsection (d)(4)(A), and except insofar as such
independent counsel agrees in writing that such investigation
or proceedings may be continued by the Department of Justice.
(2) Presentation as amicus curiae permitted.--Nothing in
this section 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 an independent counsel participates in an
official capacity or any appeal of such a case or proceeding.
(h) Severability.--If any provision of this section or the
application thereof to any person or circumstance is held invalid, the
remainder of this section and the application of such provision to
other persons not similarly situated or to other circumstances shall
not be affected by such invalidation.
(i) Termination of Effect of Section.--This section shall cease to
be effective five years after the date of enactment of this Act, except
that this section shall continue in effect with respect to then pending
matters before an independent counsel that in the judgment of such
counsel require such continuation until that independent counsel
determines such matters have been completed.
SEC. 3. INSPECTOR GENERAL FOR THE OFFICE OF SPECIAL COUNSEL.
(a) Establishment.--Section 12 of the Inspector General Act of 1978
(5 U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``or the Director of the
National Reconnaissance Office'' and inserting ``the Director
of the National Reconnaissance Office; or the Special
Counsel''; and
(2) in paragraph (2), by striking ``or the National
Reconnaissance Office'' and inserting ``the National
Reconnaissance Office, or the Office of Special Counsel''.
(b) Appointment of Inspector General.--Not later than 120 days
after the date of the enactment of this Act, the President shall
appoint an individual as the Inspector General of the Office of Special
Counsel in accordance with the requirements of section 3(a) of the
Inspector General Act of 1978 (5 U.S.C. App.).
(c) Removal for Cause Only.--The Inspector General of the Office of
Special Counsel may only be removed by the President for cause.
SEC. 4. STRENGTHENING THE HATCH ACT.
(a) Presentment of Hatch Act Violations to MSPB.--Section 1215 of
title 5, United States Code, is amended--
(1) by striking ``(b) In'' and inserting ``(b)(1) In''; and
(2) by adding at the end the following:
``(2) Paragraph (1) shall not apply to any determination by the
Special Counsel with respect to a violation of subchapter III of
chapter 73 (commonly referred to as the `Hatch Act'). Any complaint and
statement referred to in subsection (a)(1), together with any response
of the employee, regarding such a violation shall be presented to the
Merit Systems Protection Board in accordance with subsection (a). This
paragraph applies notwithstanding any other provision of law governing
the employment or compensation of employees or officials in the White
House Office.''.
(b) Disclosure of Hatch Act Investigations for Certain Political
Employees.--Section 1216 of title 5, United States Code, is amended by
adding at the end the following:
``(d) With respect to any investigation of an allegation of
prohibited activity under subsection (a)(1) against a political
employee, the Special Counsel shall publish, on the Office of Special
Counsel's website, the Special Counsel's final determination under such
investigation with respect to whether a violation occurred. In this
subsection, the term `political employee' means any individual
occupying any of the following positions in the executive branch of
Government (including an individual carrying out the duties of a
position described in paragraph (1) in an acting capacity):
``(1) Any position required to be filled by an appointment
by the President by and with the advice and consent of the
Senate.
``(2) Any position in the executive branch of the
Government of a confidential or policy-determining character
under schedule C of subpart C of part 213 of title 5, Code of
Federal Regulations.
``(3) Any position in or under the Executive Office of the
President.''.
(c) Clarification on Candidates Visiting Federal Property.--
(1) In general.--Section 7323 of title 5, United States
Code, is amended by adding at the end the following:
``(d) Nothing in this section or section 7324 shall be construed to
prohibit an employee from allowing a Member of Congress or any other
elected official from visiting Federal facilities for an official
purpose, including receiving briefings, tours, or other official
information.''.
(2) Technical and conforming amendments.--Such section 7323
is further amended--
(A) in subsection (a)(1), by striking ``his'' and
inserting ``the employee's''; and
(B) in subsection (c)--
(i) by striking ``he'' and inserting ``the
employee''; and
(ii) by striking ``his'' and inserting
``the employee's''.
(d) Elimination of Exception for Political Appointees.--Section
7324 of title 5, United States Code, is amended--
(1) by striking ``(a) An employee'' and inserting ``An
employee''; and
(2) by striking subsection (b).
(e) Applying Hatch Act to President and Vice President While on
Federal Property.--
(1) In general.--Subchapter III of chapter 73 of title 5,
United States Code, is amended by redesignating section 7326 as
section 7327 and by inserting after section 7325 the following:
``Sec. 7326. Limitations on political activity of President and Vice
President while on Federal property
``Notwithstanding section 7322(1), the prohibitions on political
activity under section 7323(a) and section 7324 shall apply to the
President and Vice President while the President and Vice President are
on Federal property. In this section, the term `Federal property'
includes any vehicle, building, or land owned or leased by the Federal
Government, including the White House and White House grounds
(including the Executive Residence and the Rose Garden).''.
(2) Clerical amendment.--The table of sections of such
subchapter is amended by striking the item relating to section
7326 and inserting the following:
``7326. Limitations on political activity of President and Vice
President while on Federal property.
``7327. Penalties.''.
(f) Criminal Penalty.--
(1) In general.--Subchapter III of chapter 73 of title 5,
United States Code, as amended by subsection (e)(1), is further
amended by adding after section 7327 the following:
``Sec. 7328. Criminal penalty for Hatch Act violations
``(a) In General.--Any person who knowingly violates section 7323
or 7324 shall be fined $5,000 (notwithstanding section 3571(e) of title
18), or imprisoned for not more than 5 years, or both. Notwithstanding
section 3571(e) of title 18, for each violation after the first, the
fine applicable under this section shall be double the amount of the
fine assessed for the previous violation.
``(b) Attorney Fees.--A court may assess against the United States
reasonable attorney fees and other litigation costs reasonably incurred
in any case under this section in which an employee has established, by
a preponderance of the evidence, that a superior ordered or otherwise
coerced the employee into taking any act that resulted in a violation
of such section 7323 or 7324.''.
(2) Clerical amendment.--The table of sections of such
subchapter, as amended by subsection (e)(2), is further amended
by inserting after the item relating to section 7327 the
following:
``7328. Criminal penalty for Hatch Act violations.''.
(3) Training.--After an individual's first violation of
section 7323 or 7324 of title 5, United States Code, such
individual shall be provided training by the employing agency
on how to avoid subsequent violations of either such section.
SEC. 5. GAO REVIEW OF REIMBURSABLE POLITICAL EVENTS.
Not later than 60 days after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report on reimbursable political events held at the White House or on
the White House grounds during the period beginning on January 1, 1997,
and ending on the date of enactment of this Act. Such report shall
include the following:
(1) Whether, during such period, the requirements in annual
appropriations Acts with respect to reimbursable political
events have been followed, including the requirements under the
heading ``Executive Residence At the White House--Reimbursable
Expenses'' in division D of Public Law 116-6.
(2) An assessment of what constitutes a political event
during such period.
(3) Whether an event that was not classified as a political
event during such period should have been classified as such an
event.
(4) A review of any payment made by a political entity
under the terms of such requirements.
(5) Recommendations for Congress on--
(A) a definition for the term ``political event'';
and
(B) how to assess whether administrations are
following such requirements and how to hold
administrations accountable if such requirements are
not followed.
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