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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3028 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 3028

   To require the Inspector General for the Department of Justice to 
conduct oversight of investigations of certain political officials, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 28, 2019

  Mr. Byrne introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To require the Inspector General for the Department of Justice to 
conduct oversight of investigations of certain political officials, 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 ``Investigate the Investigators Act of 
2019''.

SEC. 2. OVERSIGHT OF CRIMINAL INVESTIGATIONS OF CERTAIN INDIVIDUALS.

    (a) Attorney General Notice of Investigation.--In the case that a 
covered party is a subject of an investigation conducted by the 
Department of Justice, the Attorney General shall provide to the 
Inspector General for the Department of Justice a notice of such 
investigation not later than 5 days after such investigation commences.
    (b) Inspector General Oversight.--
            (1) In general.--The Inspector General for the Department 
        of Justice shall immediately commence an oversight 
        investigation of the investigation described in subsection (a) 
        to ensure that--
                    (A) the decision to investigate the conduct of the 
                covered party was not influenced by political pressures 
                or politically motivated objectives;
                    (B) the conduct of the investigation is not 
                influenced by the political beliefs or motives of any 
                person engaged in the investigation or the superiors of 
                such individuals;
                    (C) evidence used in the investigation is obtained 
                by lawful means and not tainted by political sources or 
                motives; and
                    (D) warrants sought in the investigation are 
                supported by probable cause and in compliance with all 
                applicable law.
            (2) Duration.--The oversight investigation shall be ongoing 
        and continue at least until the investigation described in 
        subsection (a) has been closed.
            (3) Access to materials.--Notwithstanding any other 
        provision of law, the Attorney General shall make available to 
        the Inspector General for the Department of Justice any 
        materials that are relevant to the investigation described in 
        subsection (a). The Inspector General, in consultation with the 
        Attorney General, shall ensure appropriate procedures to 
        safeguard any intelligence and counterintelligence materials or 
        other materials the disclosure of which would constitute a 
        threat to national security.
            (4) Rule of construction.--For the purpose of carrying out 
        this subsection, section 8E(a)(1)(A) of the Inspector General 
        Act of 1978 (5 U.S.C. App.) shall not apply.
    (c) Inspector General Notice of Investigation and Report.--
            (1) Notice of investigation.--
                    (A) In general.--Upon opening of the investigation 
                described in subsection (b), the Inspector General 
                shall notify each of the following individuals that an 
                oversight investigation subject to this Act has 
                commenced and that a report will be issued at the 
                conclusion of the Investigation pursuant to this Act:
                            (i) The President of the United States.
                            (ii) The Speaker of the House of 
                        Representatives.
                            (iii) The Minority Leader of the House of 
                        Representatives.
                            (iv) The Senate Majority Leader.
                            (v) The Senate Minority Leader.
                    (B) Exception.--Notwithstanding subparagraph (A), 
                the Inspector General for the Department of Justice may 
                decline to submit notice or any other information to an 
                individual described in clauses (i), (ii), (iii), (iv), 
                and (v) of such subparagraph if--
                            (i) the individual is a subject of the 
                        investigation described in subsection (a); and
                            (ii) the Inspector General determines that 
                        submitting a copy to the individual would 
                        compromise the investigation.
            (2) Report.--
                    (A) In general.--Not later than 90 days after the 
                conclusion of the investigation described in subsection 
                (b), the Inspector General for the Department of 
                Justice shall submit to the Attorney General and each 
                individual described in clauses (i), (ii), (iii), (iv), 
                and (v) of paragraph (1)(A) a report on the Inspector 
                General's findings with respect to the oversight 
                investigation contained in subsection (b).
                    (B) Immediate report on flagrant or serious 
                issues.--During the course of the investigation, if the 
                Attorney General fails within 30 days to remedy a 
                serious or flagrant issue raised by the Inspector 
                General, the Inspector General shall make an immediate 
                report to the individuals described in clauses (i), 
                (ii), (iii), (iv), and (v) of paragraph (1)(A) with 
                respect to the serious or flagrant issue.
                    (C) Confidentiality.--
                            (i) An individual receiving a report under 
                        subparagraph (A) or (B) may not make available 
                        to the public or otherwise disclose the 
                        contents of the report to any individual other 
                        than the Attorney General or an individual 
                        described in clauses (i), (ii), (iii), (iv), 
                        and (v) of paragraph (1)(A), except in the case 
                        that the individual receiving the report 
                        certifies to the Attorney General that it is 
                        his or her belief that disclosure is necessary 
                        to uphold the Constitution or maintain the 
                        integrity of the political system of the United 
                        States.
                            (ii) An individual who knowingly and 
                        willfully violates clause (i) shall be punished 
                        as if under section 798 of title 18, United 
                        States Code.
                    (D) Release by the attorney general.--The Attorney 
                General may release the report after making a 
                determination that public release of the report would 
                be in the public interest, to the extent that release 
                would comply with applicable legal restrictions. All 
                other releases of information by any Department of 
                Justice employee, including the Office of General 
                Inspector staff, shall be governed by the applicable 
                Departmental guidelines concerning public comment with 
                respect to any criminal investigation, and relevant 
                law.
    (d) Covered Party Defined.--In this Act, the term ``covered party'' 
means--
            (1) the President;
            (2) the Vice President;
            (3) a Senator;
            (4) a Member of Congress; or
            (5) a candidate for an office described in paragraph (1), 
        (2), (3), or (4) or the campaign of such candidate.

SEC. 3. OVERSIGHT OF PREVIOUS INVESTIGATIONS OF CERTAIN INDIVIDUALS.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, in the case that a Presidential candidate or his or her 
campaign was the subject of an investigation during the period 
described in subsection (d), the Attorney General shall review the 
investigation to determine whether--
            (1) the decision to investigate the conduct of the covered 
        party was influenced by political pressures or politically 
        motivated objectives;
            (2) the conduct of the investigation was influenced by the 
        political beliefs or motives of any person engaged in the 
        investigation or the superiors of such individuals;
            (3) evidence used in the investigation was obtained by 
        lawful means and not tainted by political sources or motives; 
        and
            (4) warrants obtained or sought in the investigation were 
        supported by probable cause and were in compliance with all 
        applicable law.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Attorney General shall make available to the public a 
report on the result of the review under subsection (a) after any 
necessary redactions to comply with applicable legal restrictions.
    (c) Applicable Period.--This section shall apply with respect to 
any investigation that commenced during the period beginning on June 
16, 2015 and ending on March 22, 2019.
                                 <all>
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