To provide an alternate procedure for the prosecution of certain criminal contempts referred for prosecution by the House of Representatives, and for other purposes.

Summary: Special Criminal Contempt of Congress Procedures Act of 2008 - Establishes alternate procedures for the prosecution of current or former officers or employees of the executive branch found in contempt of Congress for refusal to testify or produce documents in response to a congressional subpoena.

Establishes a Special Division of the U.S. Supreme Court to hear such criminal contempt cases. Requires the Chief Justice of the U.S. Supreme Court to designate three judges or justices, one of whom shall be an active judge of the U.S. Court of Appeals for the District of Columbia, to serve on the Special Division. Requires the Special Division to appoint a special advocate to serve as the prosecuting attorney in criminal contempt cases after the Attorney General declines to present such cases to a grand jury. Grants full power and independent authority to the special advocate to exercise all prosecutorial functions and powers.

Sets forth provisions for the removal of the special advocate and the termination of the special advocate's authority.

Makes this Act effective on January 20, 2009.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Special Criminal Contempt of 
Congress Procedures Act of 2008''.

SEC. 2. ALTERNATE PROCEDURE.

    (a) Scope of Application.--If the House of Representatives finds an 
officer or employee of the Executive branch, or a former officer or 
employee of the Executive branch has violated section 102 of the 
Revised Statutes of the United States (2 U.S.C. 192), the procedures of 
this Act apply in lieu of the procedures set forth in section 104 of 
the Revised Statutes of the United States (2 U.S.C. 194).
    (b) Certification by Speaker.--Upon the finding by the House of 
Representatives of a violation to which this Act applies, the Speaker 
shall certify that finding to the Attorney General for presentation to 
a grand jury and to the Special Division of the Court created by this 
Act.
    (c) Circumstances Leading to Appointment of Special Advocate.--If--
            (1) the Attorney General informs the Special Division of 
        the Court that the Deparment of Justice will not present the 
        matter to a grand jury because political or institutional 
        considerations create a conflict that would prevent redress to 
        an affront to the authority of the House through presentment or 
        prosecution by the Department of Justice;
            (2) the Attorney General informs the Special Division of 
        the Court that the Department of Justice will not present the 
        matter to a grand jury for any other reason; or
            (3) by the end of the 30th day after the date of receipt of 
        a certification under subsection (b) the Attorney General has 
        not presented the matter to a grand jury;
the Special Division of the Court shall appoint a special advocate 
under section 3.

SEC. 3. APPOINTMENT, QUALIFICATIONS, AND PROSECUTORIAL JURISDICTION OF 
              SPECIAL ADVOCATE, AND ADMINISTRATIVE MATTERS RELATING TO 
              THE SPECIAL ADVOCATE.

    (a) Appointment, Qualifications, and Prosecutorial Jurisdiction of 
Special Advocate.--
            (1) Appointment and qualifications.--The Special Division 
        of the Court shall appoint the special advocate, who must be an 
        attorney in good standing with substantial prosecutorial 
        experience who has not served in any capacity in the 
        administration of the President who is or was in office when 
        the Speaker of the House certified the finding of a violation.
            (2) Prosecutorial jurisdiction.--The Special Division of 
        the Court shall define the special advocate's prosecutorial 
        jurisdiction as comprising the investigation and prosecution of 
        the alleged violation and any perjury, false statement, and any 
        obstruction of justice occurring during and in relation to such 
        investigation and prosecution.
    (b) Authority of Special Advocate With Respect to Matters Within 
Prosecutorial Jurisdiction.--With respect to all matters in that 
special advocate's prosecutorial jurisdiction, a special advocate 
appointed under this Act shall have full power and independent 
authority to exercise all prosecutorial functions and powers, and any 
other functions and powers normally ancillary thereto, 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.
    (c) Salary.--The special advocate shall receive a salary equivalent 
to the salary of the United States Attorney for the District of 
Columbia.
    (d) Staff.--The special advocate may appoint and fix the salaries 
of such staff, not to exceed 12 in number, as the special advocate 
deems necessary to carry out the functions of the special advocate 
under this Act. However, no salary of a member of such staff may exceed 
the salary of the special advocate.
    (e) Expenses.--The Department of Justice shall pay all costs 
relating to the establishment and operation of any office of special 
advocate. 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 the special advocate.
    (f) Report to Congress.--Each special advocate shall report to 
Congress annually on the special advocate's activities under this Act. 
The report shall include a description of the progress of any 
investigation or prosecution conducted by the special advocate and 
provide information justifying the costs of the activities reported on.

SEC. 4. SPECIAL DIVISION OF THE COURT.

    (a) Designation.--The Chief Justice shall designate three judges or 
justices of the United States, one of whom shall be an active judge of 
the United States Court of Appeals for the District of Columbia, to be 
the Special Division of the Court for the purposes of this Act. The 
Chief Justice shall make the first such designation not later than 45 
days after the date of the enactment of this Act.
    (b) Special Division To Be a Division Within the United States 
Court of Appeals for the District of Columbia Circuit.--The Special 
Division of the Court shall be a division within the United States 
Court of Appeals for the District of Columbia Circuit.
    (c) Length of Designation.--Each designation to the Special 
Division of the Court shall be for a term of 2 years, but the Chief 
Justice may fill any vacancy arising before the end of a term for the 
remainder of that term.
    (d) Priority To Be Given to Senior Circuit Judges and Retired 
Justices of the United States Supreme Court.--In designating judges and 
justices to serve on the Special Division of the Court, the Chief 
Justice shall give priority to senior circuit judges and retired 
justices of the United States Supreme Court.
    (e) Variety of Courts To Be Represented.--Not more than one person 
may be designated to such division from a particular court.

SEC. 5. REMOVAL OF SPECIAL ADVOCATE.

    (a) In General.--A special advocate 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, or any other condition that impairs the performance of that 
special advocate's duties.
    (b) Report Upon Removal.--If a special advocate is removed from 
office, the Attorney General shall promptly submit to the Special 
Division of the Court and the Congress a report specifying the facts 
found and the ultimate grounds for the removal.
    (c) Judicial Review of Removal.--A special advocate 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 Special 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 special advocate may be reinstated or granted other 
appropriate relief by order of the court.

SEC. 6. TERMINATION OF SPECIAL ADVOCATE'S AUTHORITY.

    (a) In General.--The authority of the special advocate shall cease 
two years after the date of the special advocates appointment, but the 
Special Division of the Court may extend that authority for an 
additional period not to exceed one year, if the court finds good cause 
to do so. Good cause to do so includes that the investigation or 
prosecution undertaken by the special advocate has been delayed by 
dilatory tactics by persons who could provide evidence that would 
significantly assist the investigation or prosecution, and also 
includes the need to allow the special advocate to participate in any 
appellate proceedings related to prosecutions engaged in by the special 
advocate.
    (b) Termination by Special Division of the Court.--The Special 
Division of the court, either on its own motion or upon the request of 
the Attorney General, may terminate an office of special advocate at 
any time, on the ground that the investigation of all matters within 
the prosecutorial jurisdiction of such special advocate, 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.

SEC. 7. EFFECTIVE DATE.

    This Act takes effect on January 20, 2009.