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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9884 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9884

  To amend title 28, United States Code, to preclude a President from 
 controlling the conduct of an investigation into the President by the 
                         Department of Justice.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2024

Mr. Schiff (for himself, Ms. Norton, Mr. Cohen, Mr. Nickel, Ms. Tokuda, 
Mr. Cleaver, Ms. Schakowsky, and Mrs. Ramirez) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend title 28, United States Code, to preclude a President from 
 controlling the conduct of an investigation into the President by the 
                         Department of Justice.

    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 ``Investigative Integrity Protection 
Act of 2024''.

SEC. 2. PRESIDENTIAL OVERSIGHT OF ATTORNEY GENERAL.

    (a) In General.--Chapter 31 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 530E. Presidential oversight of Attorney General
    ``(a) Certification.--In the case of any criminal prosecution 
against the President, irrespective of when the prosecution was 
initiated, if the government seeks dismissal of such prosecution, the 
court shall require the Attorney General to submit a sworn statement 
under penalty of perjury attesting as to whether the dismissal was 
ordered by the President or anyone acting pursuant to the direction of 
the President.
    ``(b) Considerations.--
            ``(1) In general.--The court shall only grant the dismissal 
        if deemed appropriate and in the interest of justice after 
        having duly considered the circumstances of the case and--
                    ``(A) the sworn statement required by subsection 
                (a);
                    ``(B) any evidence in the record or ex curia, which 
                shall be reflected in the order of the court, to 
                support an inference that the decision to seek 
                dismissal of the prosecution is motivated by bad faith 
                or is a pretext to enable the President to act outside 
                of the legal and constitutional authority of the 
                Presidency; and
                    ``(C) any other factors the court deems 
                appropriate.
            ``(2) Evidentiary considerations.--Evidence considered 
        under subsection (b)(1)(B) may include--
                    ``(A) whether the dismissal was suggested, 
                encouraged, requested, or ordered by the President; or
                    ``(B) whether the Attorney General was, in the 
                opinion of the court, appointed in whole or in part for 
                his willingness to dismiss the prosecution at bar or 
                any criminal prosecution against the President.
    ``(c) Three-Judge Court.--Any action seeking dismissal shall be 
heard by a three-judge court convened pursuant to section 2284.
    ``(d) Sanctions.--If the court, in making a determination under 
subsection (b), additionally determines that the motion to dismiss was 
made without good cause, the court may impose sanctions as appropriate.
    ``(e) Inspector General Responsibilities.--The Inspector General of 
the Department of Justice, upon having a good faith basis to conclude 
that a motion to dismiss a prosecution against the President was 
brought at the direction of the President, or anyone acting pursuant to 
the direction of the President, shall immediately report such findings 
to Congress.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by adding at the end the following:

``530E. Presidential oversight of Attorney General.''.
                                 <all>
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