II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Political Corruption 

5 Review of Infractions for Misconduct by Executive Serv6 ants Act’’ or the ‘‘Political CRIMES Act’’. 

7 SEC. 2. INDEPENDENT COUNSEL ON PERNICIOUS POLIT8 ICAL ACTIVITIES. 

9 (a) APPLICABILITY OF PROVISIONS OF THIS SEC10 TION.— 


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1 (1) PRELIMINARY INVESTIGATION WITH RE2 SPECT TO CERTAIN COVERED PERSONS.—The Attor3 ney General shall conduct a preliminary investiga4 tion in accordance with subsection (b) whenever the 

5 Attorney General receives information sufficient to 

6 constitute grounds to investigate whether any person 

7 described in paragraph (2) may have violated, be8 tween January 20, 2009 and January 21, 2021— 

9 (A) section 7323 or 7324 of title 5, United 

10 States Code, as amended by this Act; or 

11 (B) section 610 of title 18, United States 

12 Code. 

13 For purposes of this section, such a violation shall 

14 be referred to as a ‘‘covered violation’’. 

15 (2) PERSONS TO WHOM PARAGRAPH (1) AP16 PLIES.—The persons referred to in paragraph (1) 

17 are— 

18 (A) the President and Vice President; 

19 (B) any individual serving in a position 

20 listed in section 5312 of title 5, United States 

21 Code; 

22 (C) any individual working in the Execu23 tive Office of the President who is compensated 

24 at a rate of pay at or above level II of the ExecVerDate Sep 11 2014 23:18 Feb 05, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3582.IS S3582

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1 utive Schedule under section 5313 of title 5, 

2 United States Code; 

3 (D) any Assistant Attorney General and 

4 any individual working in the Department of 

5 Justice who is compensated at a rate of pay at 

6 or above level III of the Executive Schedule 

7 under section 5314 of title 5, United States 

8 Code; 

9 (E) the Director of Central Intelligence, 

10 the Deputy Director of Central Intelligence, and 

11 the Commissioner of Internal Revenue; and 

12 (F) for a period of 1 year after leaving an 

13 office or position described in subparagraph 

14 (A), (B), (C), (D), or (E), each individual who 

15 held such office or position. 

16 (3) PRELIMINARY INVESTIGATION WITH RE17 SPECT TO OTHER PERSONS.—When the Attorney 

18 General determines that an investigation or prosecu19 tion of a person by the Department of Justice may 

20 result in a personal, financial, or political conflict of 

21 interest, the Attorney General may conduct a pre22 liminary investigation of such person in accordance 

23 with subsection (b) if the Attorney General receives 

24 information sufficient to constitute grounds to invesVerDate Sep 11 2014 23:18 Feb 05, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3582.IS S3582

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1 tigate whether that person may have committed a 

2 covered violation. 

3 (4) EXAMINATION OF INFORMATION TO DETER4 MINE NEED FOR PRELIMINARY INVESTIGATION.— 

5 (A) FACTORS TO BE CONSIDERED.—In de6 termining whether grounds to investigate exist, 

7 the Attorney General shall consider only— 

8 (i) the specificity of the information 

9 received; and 

10 (ii) the credibility of the source of the 

11 information. 

12 (B) TIME PERIOD FOR MAKING DETER13 MINATION.—The Attorney General shall deter14 mine whether grounds to investigate exist not 

15 later than 30 days after the information is first 

16 received. If within that 30-day period the Attor17 ney General determines that the information is 

18 not specific or is not from a credible source, 

19 then the Attorney General shall close the mat20 ter, and submit a report, not later than 7 days 

21 thereafter to the Committee on the Judiciary of 

22 the Senate and the Committee on the Judiciary 

23 of the House of Representatives. If within that 

24 30-day period the Attorney General determines 

25 that the information is specific and from a 


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1 credible source, the Attorney General shall, 

2 upon making that determination, commence a 

3 preliminary investigation with respect to that 

4 information. If the Attorney General is unable 

5 to determine, within that 30-day period, wheth6 er the information is specific and from a cred7 ible source, the Attorney General shall, at the 

8 end of that 30-day period, commence a prelimi9 nary investigation with respect to that informa10 tion. 

11 (5) RECUSAL OF ATTORNEY GENERAL.— 

12 (A) WHEN RECUSAL IS REQUIRED.— 

13 (i) If information received under this 

14 section involves the Attorney General, the 

15 Attorney General shall recuse themselves 

16 by designating the next most senior official 

17 in the Department of Justice who is not 

18 also recused to perform the duties assigned 

19 under this section to the Attorney General. 

20 (ii) If information received under this 

21 section involves a person with whom the 

22 Attorney General has a personal or finan23 cial relationship, the Attorney General 

24 shall recuse themselves by designating the 

25 next most senior official in the Department 


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1 of Justice who is not also recused to per2 form the duties assigned under this section 

3 to the Attorney General. 

4 (B) REQUIREMENTS FOR RECUSAL DETER5 MINATION.—Before personally making any 

6 other determination under this section with re7 spect to information received under this section, 

8 the Attorney General shall determine under 

9 subparagraph (A)(ii) whether recusal is nec10 essary. The Attorney General shall set forth 

11 this determination in writing, identify the facts 

12 considered by the Attorney General, and set 

13 forth the reasons for the recusal. The Attorney 

14 General shall file this determination with any 

15 notification or application submitted to the divi16 sion of the court under this section with respect 

17 to such information. 

18 (b) PRELIMINARY INVESTIGATION AND APPLICATION

19 FOR APPOINTMENT OF AN INDEPENDENT COUNSEL.— 

20 (1) CONDUCT OF PRELIMINARY INVESTIGA21 TION.— 

22 (A) IN GENERAL.—A preliminary inves23 tigation conducted under this section shall be of 

24 such matters as the Attorney General considers 

25 appropriate in order to make a determination, 


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1 under paragraph (2) or (3), on whether further 

2 investigation is warranted, with respect to each 

3 potential covered violation, or allegation of a 

4 covered violation. The Attorney General shall 

5 make such determination not later than 90 days 

6 after the preliminary investigation is com7 menced, except that, in the case of a prelimi8 nary investigation commenced after a congres9 sional request under paragraph (7), the Attor10 ney General shall make such determination not 

11 later than 90 days after the request is received. 

12 The Attorney General shall promptly notify the 

13 division of the court specified in subsection (c) 

14 of the commencement of such preliminary inves15 tigation and the date of such commencement. 

16 (B) EXTENSION OF TIME FOR PRELIMI17 NARY INVESTIGATION.—The Attorney General 

18 may apply to the division of the court for a sin19 gle extension, for a period of not more than 60 

20 days, of the 90-day period referred to in sub21 paragraph (A). The division of the court may, 

22 upon a showing of good cause, grant such ex23 tension. 

24 (2) DETERMINATION THAT FURTHER INVES25 TIGATION NOT WARRANTED.— 


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1 (A) NOTIFICATION OF DIVISION OF THE

2 COURT.—If the Attorney General, upon comple3 tion of a preliminary investigation under this 

4 section, determines that there are no reasonable 

5 grounds to believe that further investigation is 

6 warranted, the Attorney General shall promptly 

7 so notify the division of the court, and the divi8 sion of the court shall have no power to appoint 

9 an independent counsel with respect to the mat10 ters involved. The division of the court shall 

11 issue a report in agreement with the Attorney 

12 General’s investigation. The Inspector General 

13 of the Department of Justice shall review the 

14 Attorney General’s determination to not con15 tinue an investigation and provide notification 

16 to the appropriate congressional committees 

17 that such an investigation is underway within 3 

18 days after the Attorney General’s determina19 tion. 

20 (B) FORM OF NOTIFICATION.—Such notifi21 cation shall contain a summary of the informa22 tion received and a summary of the results of 

23 the preliminary investigation. 

24 (3) DETERMINATION THAT FURTHER INVES25 TIGATION IS WARRANTED.— 


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1 (A) APPLICATION FOR APPOINTMENT OF

2 INDEPENDENT COUNSEL.—The Attorney Gen3 eral shall apply to the division of the court for 

4 the appointment of an independent counsel if— 

5 (i) the Attorney General, upon com6 pletion of a preliminary investigation under 

7 this section, determines that there are rea8 sonable grounds to believe that further in9 vestigation is warranted; or 

10 (ii) the 90-day period referred to in 

11 paragraph (1)(A), and any extension 

12 granted under paragraph (1)(C), have 

13 elapsed and the Attorney General has not 

14 filed a notification with the division of the 

15 court under paragraph (2)(A). 

16 In determining under this section whether rea17 sonable grounds exist to warrant further inves18 tigation, the Attorney General shall comply with 

19 the written or other established policies of the 

20 Department of Justice with respect to the con21 duct of criminal investigations. 

22 (B) RECEIPT OF ADDITIONAL INFORMA23 TION.—If, after submitting a notification under 

24 paragraph (2)(A), the Attorney General receives 

25 additional information sufficient to constitute 


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1 grounds to investigate the matters to which 

2 such notification related, the Attorney General 

3 shall— 

4 (i) conduct such additional prelimi5 nary investigation as the Attorney General 

6 considers appropriate for a period of not 

7 more than 90 days after the date on which 

8 such additional information is received; 

9 and 

10 (ii) otherwise comply with the provi11 sions of this subsection with respect to 

12 such additional preliminary investigation to 

13 the same extent as any other preliminary 

14 investigation under this section. 

15 (4) CONTENTS OF APPLICATION.—Any applica16 tion for the appointment of an independent counsel 

17 under this section shall contain sufficient informa18 tion to assist the division of the court in selecting an 

19 independent counsel and in defining that inde20 pendent counsel’s prosecutorial jurisdiction so that 

21 the independent counsel has adequate authority to 

22 fully investigate and prosecute the subject matter 

23 and all matters related to that subject matter. 

24 (5) DISCLOSURE OF INFORMATION.—Except as 

25 otherwise provided in this section or as is deemed 


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1 necessary for law enforcement purposes, no officer 

2 or employee of the Department of Justice or an of3 fice of independent counsel may, without leave of the 

4 division of the court, disclose to any individual out5 side the Department of Justice or such office any 

6 notification, application, or any other document, ma7 terials, or memorandum supplied to the division of 

8 the court under this section. Nothing in this section 

9 shall be construed as authorizing the withholding of 

10 information from the Congress. 

11 (6) LIMITATION ON JUDICIAL REVIEW.—The 

12 Attorney General’s determination under this section 

13 to apply to the division of the court for the appoint14 ment of an independent counsel shall not be review15 able in any court. 

16 (7) CONGRESSIONAL REQUEST.— 

17 (A) BY JUDICIARY COMMITTEE OR MEM18 BERS THEREOF.—The Committee on the Judi19 ciary of either House of the Congress, or a ma20 jority of majority party members of either such 

21 committee, may request in writing that the At22 torney General apply for the appointment of an 

23 independent counsel. 

24 (B) REPORT BY ATTORNEY GENERAL PUR25 SUANT TO REQUEST.—Not later than 30 days 


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1 after the receipt of a request under subpara2 graph (A), the Attorney General shall submit, 

3 to the committee making the request, or to the 

4 committee on which the persons making the re5 quest serve, a report on whether the Attorney 

6 General has begun or will begin a preliminary 

7 investigation under this section of the matters 

8 with respect to which the request is made, in 

9 accordance with paragraph (1) or (3) of sub10 section (a), as the case may be. The report shall 

11 set forth the reasons for the Attorney General’s 

12 decision regarding such preliminary investiga13 tion as it relates to each of the matters with re14 spect to which the congressional request is 

15 made. If there is such a preliminary investiga16 tion, the report shall include the date on which 

17 the preliminary investigation began or will 

18 begin. 

19 (C) SUBMISSION OF INFORMATION IN RE20 SPONSE TO CONGRESSIONAL REQUEST.—At the 

21 same time as any notification, application, or 

22 any other document, material, or memorandum 

23 is supplied to the division of the court pursuant 

24 to this section with respect to a preliminary in25 vestigation of any matter with respect to which 


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1 a request is made under subparagraph (A), 

2 such notification, application, or other docu3 ment, material, or memorandum shall be sup4 plied to the committee making the request, or 

5 to the committee on which the persons making 

6 the request serve. If no application for the ap7 pointment of an independent counsel is made to 

8 the division of the court under this subsection 

9 pursuant to such a preliminary investigation, 

10 the Attorney General shall submit a report to 

11 that committee stating the reasons why such 

12 application was not made, addressing each mat13 ter with respect to which the congressional re14 quest was made. 

15 (D) DISCLOSURE OF INFORMATION.—Any 

16 report, notification, application, or other docu17 ment, material, or memorandum supplied to a 

18 committee under this paragraph shall not be re19 vealed to any third party, except that the com20 mittee may, either on its own initiative or upon 

21 the request of the Attorney General, make pub22 lic such portion or portions of such report, noti23 fication, application, document, material, or 

24 memorandum as will not in the committee’s 

25 judgment prejudice the rights of any individual. 


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1 (c) DUTIES OF THE DIVISION OF THE COURT.— 

2 (1) REFERENCE TO DIVISION OF THE COURT.— 

3 The division of the court to which this Act refers is 

4 the division established under section 49 of title 28, 

5 United States Code. A division shall be so estab6 lished if not in effect on the date of enactment of 

7 this Act. 

8 (2) APPOINTMENT AND JURISDICTION OF INDE9 PENDENT COUNSEL.— 

10 (A) AUTHORITY.—Upon receipt of an ap11 plication under subsection (b)(3), the division of 

12 the court shall appoint an appropriate inde13 pendent counsel and shall define that inde14 pendent counsel’s prosecutorial jurisdiction. 

15 (B) QUALIFICATIONS OF INDEPENDENT

16 COUNSEL.—The division of the court shall ap17 point as independent counsel an individual who 

18 has appropriate experience and who will con19 duct the investigation and any prosecution in a 

20 prompt, responsible, and cost-effective manner. 

21 The division of the court shall seek to appoint 

22 as independent counsel an individual who will 

23 serve to the extent necessary to complete the in24 vestigation and any prosecution without undue 

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1 point as an independent counsel any person who 

2 holds any office of profit or trust under the 

3 United States. 

4 (C) SCOPE OF PROSECUTORIAL JURISDIC5 TION.—In defining the independent counsel’s 

6 prosecutorial jurisdiction, the division of the 

7 court shall assure that the independent counsel 

8 has adequate authority to fully investigate and 

9 prosecute covered violations. Such jurisdiction 

10 shall also include the authority to investigate 

11 and prosecute Federal crimes, other than those 

12 classified as Class B or C misdemeanors or in13 fractions, that may arise out of the investiga14 tion or prosecution of the matter with respect 

15 to which the Attorney General’s request was 

16 made, including perjury, obstruction of justice, 

17 destruction of evidence, and intimidation of wit18 nesses. 

19 (D) DISCLOSURE OF IDENTITY AND PROS20 ECUTORIAL JURISDICTION.—An independent 

21 counsel’s identity and prosecutorial jurisdiction 

22 (including any expansion under paragraph (3)) 

23 may not be made public except upon the re24 quest of the Attorney General or upon a deter25 mination of the division of the court that discloVerDate Sep 11 2014 23:18 Feb 05, 2022 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3582.IS S3582

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1 sure of the identity and prosecutorial jurisdic2 tion of such independent counsel would be in 

3 the best interests of justice. In any event, the 

4 identity and prosecutorial jurisdiction of such 

5 independent counsel shall be made public when 

6 any indictment is returned, or any criminal in7 formation is filed, pursuant to the independent 

8 counsel’s investigation. 

9 (3) RETURN FOR FURTHER INVESTIGATION.— 

10 Upon receipt of a notification from the Attorney 

11 General that there are no reasonable grounds to be12 lieve that further investigation is warranted with re13 spect to information received under this section, the 

14 division of the court shall have no authority to over15 rule this determination but may return the matter to 

16 the Attorney General for further explanation of the 

17 reasons for such determination. 

18 (4) VACANCIES.—If a vacancy in office arises 

19 by reason of the resignation, death, or removal of an 

20 independent counsel, the division of the court shall 

21 appoint an independent counsel to complete the work 

22 of the independent counsel whose resignation, death, 

23 or removal caused the vacancy, except that in the 

24 case of a vacancy arising by reason of the removal 

25 of an independent counsel, the division of the court 


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1 may appoint an acting independent counsel to serve 

2 until any judicial review of such removal is com3 pleted. If the independent counsel is removed, the di4 vision of the court shall report on such removal to 

5 the appropriate congressional committees not later 

6 than 3 days thereafter. 

7 (5) ATTORNEY’S FEES.— 

8 (A) AWARD OF FEES.—Upon the request 

9 of an individual who is the subject of an inves10 tigation conducted by an independent counsel 

11 pursuant to this section, the division of the 

12 court may, if no indictment is brought against 

13 such individual pursuant to that investigation, 

14 award reimbursement for those reasonable at15 torneys’ fees incurred by that individual during 

16 that investigation which would not have been 

17 incurred but for the requirements of this Act. 

18 The division of the court shall notify the inde19 pendent counsel who conducted the investiga20 tion and the Attorney General of any request 

21 for attorneys’ fees under this paragraph. 

22 (B) EVALUATION OF FEES.—The division 

23 of the court shall direct such independent coun24 sel and the Attorney General to file a written 


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1 evaluation of any request for attorneys’ fees 

2 under this subsection, addressing— 

3 (i) the sufficiency of the documenta4 tion; 

5 (ii) the need or justification for the 

6 attorneys’ fees; 

7 (iii) whether the attorneys’ fees would 

8 have been incurred but for the require9 ments of this section; and 

10 (iv) the reasonableness of the amount 

11 of money requested. 

12 (6) DISCLOSURE OF INFORMATION.—The divi13 sion of the court may, subject to subsection 

14 (d)(8)(B), allow the disclosure of any notification, 

15 application, or any other document, material, or 

16 memorandum supplied to the division of the court 

17 under this section. 

18 (7) AMICUS CURIAE BRIEFS.—When presented 

19 with significant legal issues, the division of the court 

20 may disclose sufficient information about the issues 

21 to permit the filing of timely amicus curiae briefs. 

22 (d) AUTHORITIES AND DUTIES OF AN INDEPENDENT

23 COUNSEL.— 

24 (1) AUTHORITIES.—Notwithstanding any other 

25 provision of law, an independent counsel appointed 


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1 under this section shall have, with respect to all 

2 matters in such independent counsel’s prosecutorial 

3 jurisdiction established under this section, full power 

4 and independent authority to exercise all investiga5 tive and prosecutorial functions and powers of the 

6 Department of Justice, the Attorney General, and 

7 any other officer or employee of the Department of 

8 Justice, except that the Attorney General shall exer9 cise direction or control as to those matters that spe10 cifically require the Attorney General’s personal ac11 tion under section 2516 of title 18, United States 

12 Code. Such investigative and prosecutorial functions 

13 and powers shall include— 

14 (A) conducting proceedings before grand 

15 juries and other investigations; 

16 (B) participating in court proceedings and 

17 engaging in any litigation, including civil and 

18 criminal matters that such independent counsel 

19 considers necessary; 

20 (C) appealing any decision of a court in 

21 any case or proceeding in which such inde22 pendent counsel participates in an official ca23 pacity; 

24 (D) reviewing all documentary evidence 

25 available from any source; 


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1 (E) determining whether to contest the as2 sertion of any testimonial privilege; 

3 (F) receiving appropriate national security 

4 clearances and, if necessary, contesting in court 

5 (including, where appropriate, participating in 

6 camera proceedings) any claim of privilege or 

7 attempt to withhold evidence on grounds of na8 tional security; 

9 (G) making applications to any Federal 

10 court for a grant of immunity to any witness, 

11 consistent with applicable statutory require12 ments, or for warrants, subpoenas, or other 

13 court orders, and, for purposes of sections 

14 6003, 6004, and 6005 of title 18, United States 

15 Code, exercising the authority vested in a 

16 United States attorney or the Attorney General; 

17 (H) inspecting, obtaining, or using the 

18 original or a copy of any tax return, in accord19 ance with the applicable statutes and regula20 tions, and, for purposes of section 6103 of the 

21 Internal Revenue Code of 1986 and the regula22 tions issued thereunder, exercising the powers 

23 vested in a United States attorney or the Attor24 ney General; 


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1 (I) initiating and conducting prosecutions 

2 in any court of competent jurisdiction, framing 

3 and signing indictments, filing informations, 

4 and handling all aspects of any case, in the 

5 name of the United States; and 

6 (J) consulting with the United States at7 torney for the district in which any covered vio8 lation was alleged to have occurred. 

9 (2) COMPENSATION.— 

10 (A) IN GENERAL.—An independent counsel 

11 appointed under this Act shall receive com12 pensation at the per diem rate equal to the an13 nual rate of basic pay payable for level IV of 

14 the Executive Schedule under section 5315 of 

15 title 5, United States Code. 

16 (B) TRAVEL EXPENSES.—Except as pro17 vided in subparagraph (C), an independent 

18 counsel and persons appointed under paragraph 

19 (3) shall be entitled to the payment of travel ex20 penses as provided by subchapter I of chapter 

21 57 of title 5, United States Code, including 

22 travel, per diem, and subsistence expenses in 

23 accordance with section 5703 of such title 5. 

24 (C) TRAVEL TO PRIMARY OFFICE.— 


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1 (i) IN GENERAL.—After 1 year of 

2 service under this section, an independent 

3 counsel and persons appointed under para4 graph (3) shall not be entitled to the pay5 ment of travel, per diem, or subsistence ex6 penses under subchapter I of chapter 57 of 

7 title 5, United States Code, for the pur8 pose of commuting to or from the city in 

9 which the primary office of the inde10 pendent counsel or person is located. The 

11 1-year period may be extended for succes12 sive 6-month periods if the independent 

13 counsel and the division of the court certify 

14 that the payment is in the public interest 

15 to carry out the purposes of this section. 

16 (ii) RELEVANT FACTORS.—In making 

17 any certification under this subparagraph 

18 with respect to travel and subsistence ex19 penses of an independent counsel or person 

20 appointed under paragraph (3), the inde21 pendent counsel and the division of the 

22 court shall consider, among other relevant 

23 factors— 


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1 (I) the cost to the Government of 

2 reimbursing such travel and subsist3 ence expenses; 

4 (II) the period of time for which 

5 the independent counsel anticipates 

6 that the activities of the independent 

7 counsel or person, as the case may be, 

8 will continue; 

9 (III) the personal and financial 

10 burdens on the independent counsel or 

11 person, as the case may be, of relo12 cating so that such travel and subsist13 ence expenses would not be incurred; 

14 and 

15 (IV) the burdens associated with 

16 appointing a new independent counsel, 

17 or appointing another person under 

18 paragraph (3), to replace the indi19 vidual involved who is unable or un20 willing to so relocate. 

21 (3) ADDITIONAL PERSONNEL.—For the pur22 poses of carrying out the duties of an office of inde23 pendent counsel, such independent counsel may ap24 point, fix the compensation, and assign the duties of 

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1 siders necessary (including investigators, attorneys, 

2 and part-time consultants). The positions of all such 

3 employees are exempted from the competitive serv4 ice. Such employees shall be compensated at levels 

5 not to exceed those payable for comparable positions 

6 in the Office of United States Attorney for the Dis7 trict of Columbia under sections 548 and 550, but 

8 in no event shall any such employee be compensated 

9 at a rate greater than the rate of basic pay payable 

10 for level ES–4 of the Senior Executive Service 

11 Schedule under section 5382 of title 5, United 

12 States Code, as adjusted for the District of Colum13 bia under section 5304 of that title regardless of the 

14 locality in which an employee is employed. 

15 (4) ASSISTANCE OF DEPARTMENT OF JUS16 TICE.— 

17 (A) IN CARRYING OUT FUNCTIONS.—An 

18 independent counsel may request assistance 

19 from the Department of Justice in carrying out 

20 the functions of the independent counsel, and 

21 the Department of Justice shall provide that as22 sistance, which may include access to any 

23 records, files, or other materials relevant to 

24 matters within such independent counsel’s pros25 ecutorial jurisdiction, and the use of the reVerDate Sep 11 2014 23:18 Feb 05, 2022 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3582.IS S3582

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1 sources and personnel necessary to perform 

2 such independent counsel’s duties. At the re3 quest of an independent counsel, prosecutors, 

4 administrative personnel, and other employees 

5 of the Department of Justice may be detailed to 

6 the staff of the independent counsel. 

7 (B) PAYMENT OF AND REPORTS ON EX8 PENDITURES OF INDEPENDENT COUNSEL.— 

9 The Department of Justice shall pay all costs 

10 relating to the establishment and operation of 

11 any office of independent counsel. The Attorney 

12 General shall submit to the Congress, not later 

13 than 30 days after the end of each fiscal year, 

14 a report on amounts paid during that fiscal 

15 year for expenses of investigations and prosecu16 tions by independent counsel. Each such report 

17 shall include a statement of all payments made 

18 for activities of independent counsel but may 

19 not reveal the identity or prosecutorial jurisdic20 tion of any independent counsel which has not 

21 been disclosed under subsection (c)(2)(D). 

22 (5) REFERRAL OF OTHER MATTERS.— 

23 (A) REFERRAL OF OTHER MATTERS TO AN

24 INDEPENDENT COUNSEL.—An independent 

25 counsel may ask the Attorney General or the diVerDate Sep 11 2014 23:18 Feb 05, 2022 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3582.IS S3582

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1 vision of the court to refer to the independent 

2 counsel matters related to the independent 

3 counsel’s prosecutorial jurisdiction, and the At4 torney General or the division of the court, as 

5 the case may be, may refer such matters. If the 

6 Attorney General refers a matter to an inde7 pendent counsel on the Attorney General’s own 

8 initiative, the independent counsel may accept 

9 such referral if the matter relates to the inde10 pendent counsel’s prosecutorial jurisdiction. If 

11 the Attorney General refers any matter to the 

12 independent counsel pursuant to the inde13 pendent counsel’s request, or if the independent 

14 counsel accepts a referral made by the Attorney 

15 General on the Attorney General’s own initia16 tive, the independent counsel shall so notify the 

17 division of the court. 

18 (B) REFERRAL OF OTHER MATTERS TO

19 THE ATTORNEY GENERAL.—If an independent 

20 counsel appointed under this section finds a vio21 lation of the law other than a covered violation, 

22 the independent counsel shall— 

23 (i) refer the matter to the Attorney 

24 General; 


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1 (ii) refer the matter to any relevant 

2 state or local law enforcement official; and 

3 (iii) not later than 7 days after dis4 covery of the violation, submit a report to 

5 Congress. 

6 (6) COMPLIANCE WITH POLICIES OF THE DE7 PARTMENT OF JUSTICE.— 

8 (A) IN GENERAL.—An independent counsel 

9 shall, except to the extent that to do so would 

10 be inconsistent with the purposes of this sec11 tion, comply with the written or other estab12 lished policies of the Department of Justice re13 specting enforcement of the criminal laws. To 

14 determine these policies and policies under 

15 paragraph (12)(A)(ii), the independent counsel 

16 shall, except to the extent that doing so would 

17 be inconsistent with the purposes of this sec18 tion, consult with the Department of Justice. 

19 (B) NATIONAL SECURITY.—An inde20 pendent counsel shall comply with guidelines 

21 and procedures used by the Department in the 

22 handling and use of classified material. 

23 (7) DISMISSAL OF MATTERS.—The independent 

24 counsel shall have full authority to dismiss matters 

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1 diction without conducting an investigation or at any 

2 subsequent time before prosecution, if to do so 

3 would be consistent with the written or other estab4 lished policies of the Department of Justice with re5 spect to the enforcement of criminal laws. The inde6 pendent counsel shall report, not later than 3 days 

7 thereafter, on any such dismissal, to the appropriate 

8 committees of Congress. 

9 (8) REPORTS BY INDEPENDENT COUNSEL.— 

10 (A) REQUIRED REPORTS.—An independent 

11 counsel shall— 

12 (i) file with the division of the court, 

13 with respect to the 6-month period begin14 ning on the date of that counsel’s appoint15 ment, and with respect to each 6-month 

16 period thereafter until the office of that 

17 independent counsel terminates, a report 

18 which identifies and explains major ex19 penses, and summarizes all other expenses, 

20 incurred by that office during the 6-month 

21 period with respect to which the report is 

22 filed, and estimates future expenses of that 

23 office; and 

24 (ii) before the termination of the inde25 pendent counsel’s office under subsection 


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1 (f)(2), file a final report with the division 

2 of the court, setting forth fully and com3 pletely a description of the work of the 

4 independent counsel, including the disposi5 tion of all cases brought. 

6 (B) DISCLOSURE OF INFORMATION IN RE7 PORTS.—The division of the court shall release 

8 to the Congress, and may release to the public, 

9 or any appropriate person, such portions of a 

10 report made under this paragraph as the divi11 sion of the court considers appropriate. The di12 vision of the court shall make such orders as 

13 are appropriate to protect the rights of any in14 dividual named in such report and to prevent 

15 undue interference with any pending prosecu16 tion. The division of the court may make any 

17 portion of a final report filed under subpara18 graph (A)(ii) available to any individual named 

19 in such report for the purposes of receiving 

20 within a time limit set by the division of the 

21 court any comments or factual information that 

22 such individual may submit. Such comments 

23 and factual information, in whole or in part, 

24 may, in the discretion of the division of the 


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1 court, be included as an appendix to such final 

2 report. 

3 (C) PUBLICATION OF REPORTS.—At the 

4 request of an independent counsel, the Director 

5 of the Government Publishing Office shall cause 

6 to be printed any report previously released to 

7 the public under subparagraph (B). The inde8 pendent counsel shall certify the number of cop9 ies necessary for the public, and the Director of 

10 the Government Publishing Office shall place 

11 the cost of the required number to the debit of 

12 such independent counsel. Additional copies 

13 shall be made available to the public through 

14 the depository library program and Super15 intendent of Documents sales program pursu16 ant to sections 1702 and 1903 of title 44, 

17 United States Code. Such report shall be con18 sidered to be publicly available if it is available 

19 to the public online in an electronic searchable 

20 format. 

21 (9) INDEPENDENCE FROM DEPARTMENT OF

22 JUSTICE.—Each independent counsel appointed 

23 under this section, and the persons appointed by 

24 that independent counsel under paragraph (3), are 

25 separate from and independent of the Department of 


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1 Justice for purposes of sections 202 through 209 of 

2 title 18, United States Code. 

3 (10) STANDARDS OF CONDUCT APPLICABLE TO

4 INDEPENDENT COUNSEL, PERSONS SERVING IN THE

5 OFFICE OF AN INDEPENDENT COUNSEL, AND THEIR

6 LAW FIRMS.— 

7 (A) RESTRICTIONS ON EMPLOYMENT

8 WHILE INDEPENDENT COUNSEL AND AP9 POINTEES ARE SERVING.— 

10 (i) During the period in which an 

11 independent counsel is serving under this 

12 section, such independent counsel and any 

13 person associated with a firm with which 

14 such independent counsel is associated may 

15 not represent in any matter any person in16 volved in any investigation or prosecution 

17 under this section. 

18 (ii) During the period in which any 

19 person appointed by an independent coun20 sel under paragraph (3) is serving in the 

21 office of independent counsel, such person 

22 may not represent in any matter any per23 son involved in any investigation or pros24 ecution under this section. 


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1 (B) POST EMPLOYMENT RESTRICTIONS ON

2 INDEPENDENT COUNSEL AND APPOINTEES.— 

3 (i) Each independent counsel and 

4 each person appointed by that independent 

5 counsel under paragraph (3) may not, for 

6 3 years following the termination of the 

7 service under this section of that inde8 pendent counsel or appointed person, as 

9 the case may be, represent any person in 

10 any matter if that individual was the sub11 ject of an investigation or prosecution 

12 under this section that was conducted by 

13 that independent counsel. 

14 (ii) Each independent counsel and 

15 each person appointed by that independent 

16 counsel under paragraph (3) may not, for 

17 1 year following the termination of the 

18 service under this section of that inde19 pendent counsel or appointed person, as 

20 the case may be, represent any person in 

21 any matter involving any investigation or 

22 prosecution under this section. 

23 (C) ONE-YEAR BAN ON REPRESENTATION

24 BY MEMBERS OF FIRMS OF INDEPENDENT

25 COUNSEL.—Any person who is associated with 


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1 a firm with which an independent counsel is as2 sociated or becomes associated after termi3 nation of the service of that independent coun4 sel under this section may not, for 1 year fol5 lowing such termination, represent any person 

6 in any matter involving any investigation or 

7 prosecution under this section. 

8 (D) DEFINITIONS.—For purposes of this 

9 paragraph— 

10 (i) the term ‘‘firm’’ means a law firm 

11 whether organized as a partnership or cor12 poration; and 

13 (ii) a person is ‘‘associated’’ with a 

14 firm if that person is an officer, director, 

15 partner, or other member or employee of 

16 that firm. 

17 (E) ENFORCEMENT.—The Attorney Gen18 eral and the Director of the Office of Govern19 ment Ethics have authority to enforce compli20 ance with this paragraph. 

21 (11) CUSTODY OF RECORDS OF AN INDE22 PENDENT COUNSEL.— 

23 (A) TRANSFER OF RECORDS.—Upon ter24 mination of the office of an independent coun25 sel, that independent counsel shall transfer to 


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1 the Archivist of the United States all records 

2 which have been created or received by that of3 fice. Before this transfer, the independent coun4 sel shall clearly identify which of these records 

5 are subject to rule 6(e) of the Federal Rules of 

6 Criminal Procedure as grand jury materials and 

7 which of these records have been classified as 

8 national security information. Any records 

9 which were compiled by an independent counsel 

10 and, upon termination of the independent coun11 sel’s office, were stored with the division of the 

12 court or elsewhere before the date of enactment 

13 of this Act, shall also be transferred to the Ar14 chivist of the United States by the division of 

15 the court or the person in possession of such 

16 records. 

17 (B) MAINTENANCE, USE, AND DISPOSAL

18 OF RECORDS.—Records transferred to the Ar19 chivist under this section shall be maintained, 

20 used, and disposed of in accordance with chap21 ters 21, 29, and 33 of title 44, United States 

22 Code. 

23 (C) ACCESS TO RECORDS.— 

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1 ferred to the Archivist under this section 

2 shall be governed by section 552 of title 5, 

3 United States Code. 

4 (ii) ACCESS BY DEPARTMENT OF JUS5 TICE.—The Archivist shall, upon written 

6 application by the Attorney General, dis7 close any such records to the Department 

8 of Justice for purposes of an ongoing law 

9 enforcement investigation or court pro10 ceeding, except that, in the case of grand 

11 jury materials, such records shall be so dis12 closed only by order of the court of juris13 diction under rule 6(e) of the Federal 

14 Rules of Criminal Procedure. 

15 (iii) EXCEPTION.—Notwithstanding 

16 any restriction on access imposed by law, 

17 the Archivist and persons employed by the 

18 National Archives and Records Adminis19 tration who are engaged in the perform20 ance of normal archival work shall be per21 mitted access to the records transferred to 

22 the Archivist under this section. 

23 (D) RECORDS PROVIDED BY CONGRESS.— 

24 Records of an investigation conducted by a 

25 committee of the House of Representatives or 


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1 the Senate which are provided to an inde2 pendent counsel to assist in an investigation or 

3 prosecution conducted by that independent 

4 counsel— 

5 (i) shall be maintained as a separate 

6 body of records within the records of the 

7 independent counsel; and 

8 (ii) shall, after the records have been 

9 transferred to the Archivist under this sec10 tion, be made available, except as provided 

11 in subparagraph (C)(ii) and (iii), in ac12 cordance with the rules governing release 

13 of the records of the House of Congress 

14 that provided the records to the inde15 pendent counsel. 

16 Clause (ii) shall not apply to those records 

17 which have been surrendered pursuant to grand 

18 jury or court proceedings. 

19 (12) COST CONTROLS AND ADMINISTRATIVE

20 SUPPORT.— 

21 (A) COST CONTROLS.— 

22 (i) IN GENERAL.—An independent 

23 counsel shall— 

24 (I) conduct all activities with due 

25 regard for expense; 


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1 (II) authorize only reasonable 

2 and lawful expenditures; and 

3 (III) promptly, upon taking of4 fice, assign to a specific employee the 

5 duty of certifying that expenditures of 

6 the independent counsel are reason7 able and made in accordance with law. 

8 (ii) LIABILITY FOR INVALID CERTIFI9 CATION.—An employee making a certifi10 cation under clause (i)(III) shall be liable 

11 for an invalid certification to the same ex12 tent as a certifying official certifying a 

13 voucher is liable under section 3528 of title 

14 31, United States Code. 

15 (iii) DEPARTMENT OF JUSTICE POLI16 CIES.—An independent counsel shall com17 ply with the established policies of the De18 partment of Justice respecting expendi19 tures of funds, except to the extent that 

20 compliance would be inconsistent with the 

21 purposes of this section. 

22 (B) ADMINISTRATIVE SUPPORT.—The Di23 rector of the Administrative Office of the 

24 United States Courts shall provide administra25 tive support and guidance to each independent 


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1 counsel. No officer or employee of the Adminis2 trative Office of the United States Courts shall 

3 disclose information related to an independent 

4 counsel’s expenditures, personnel, or adminis5 trative acts or arrangements without the au6 thorization of the independent counsel. 

7 (C) OFFICE SPACE.—The Administrator of 

8 General Services, in consultation with the Di9 rector of the Administrative Office of the 

10 United States Courts, shall promptly provide 

11 appropriate office space for each independent 

12 counsel. Such office space shall be within a 

13 Federal building unless the Administrator of 

14 General Services determines that other arrange15 ments would cost less. Until such office space 

16 is provided, the Administrative Office of the 

17 United States Courts shall provide newly ap18 pointed independent counsels immediately upon 

19 appointment with appropriate, temporary office 

20 space, equipment, and supplies. 

21 (e) CONGRESSIONAL OVERSIGHT.— 

22 (1) OVERSIGHT OF CONDUCT OF INDEPENDENT

23 COUNSEL.— 

24 (A) CONGRESSIONAL OVERSIGHT.—The 

25 appropriate committees of the Congress shall 


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1 have oversight jurisdiction with respect to the 

2 official conduct of any independent counsel ap3 pointed under this section, and such inde4 pendent counsel shall have the duty to cooper5 ate with the exercise of such oversight jurisdic6 tion. 

7 (B) REPORTS TO CONGRESS.—An inde8 pendent counsel appointed under this section 

9 shall submit to the Congress annually a report 

10 on the activities of the independent counsel, in11 cluding a description of the progress of any in12 vestigation or prosecution conducted by the 

13 independent counsel. Such report may omit any 

14 matter that in the judgment of the independent 

15 counsel should be kept confidential, but shall 

16 provide information adequate to justify the ex17 penditures that the office of the independent 

18 counsel has made. 

19 (2) OVERSIGHT OF CONDUCT OF ATTORNEY

20 GENERAL.—Within 15 days after receiving an in21 quiry about a particular case under this section, 

22 which is a matter of public knowledge, from a com23 mittee of the Congress with jurisdiction over this 

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1 lowing information to that committee with respect to 

2 that case: 

3 (A) When the information about the case 

4 was received. 

5 (B) Whether a preliminary investigation is 

6 being conducted, and if so, the date it began. 

7 (C) Whether an application for the ap8 pointment of an independent counsel or a noti9 fication that further investigation is not war10 ranted has been filed with the division of the 

11 court, and if so, the date of such filing. 

12 (3) INFORMATION RELATING TO IMPEACH13 MENT.—An independent counsel shall advise the 

14 House of Representatives of any substantial and 

15 credible information which such independent counsel 

16 receives, in carrying out the independent counsel’s 

17 responsibilities under this section, that may con18 stitute grounds for an impeachment. Nothing in this 

19 section or section 49 of title 28, United States Code, 

20 shall prevent the Congress or either House thereof 

21 from obtaining information in the course of an im22 peachment proceeding. 

23 (f) REMOVAL OF AN INDEPENDENT COUNSEL; TER24 MINATION OF OFFICE.— 

25 (1) REMOVAL; REPORT ON REMOVAL.— 


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1 (A) GROUNDS FOR REMOVAL.—An inde2 pendent counsel appointed under this section 

3 may be removed from office, other than by im4 peachment and conviction, only by the personal 

5 action of the Attorney General and only for 

6 good cause, physical or mental disability (if not 

7 prohibited by law protecting persons from dis8 crimination on the basis of such a disability), or 

9 any other condition that substantially impairs 

10 the performance of such independent counsel’s 

11 duties. 

12 (B) REPORT TO DIVISION OF THE COURT

13 AND CONGRESS.—If an independent counsel is 

14 removed from office, the Attorney General shall 

15 promptly submit to the division of the court and 

16 the Committees on the Judiciary of the Senate 

17 and the House of Representatives a report 

18 specifying the facts found and the ultimate 

19 grounds for such removal. The committees shall 

20 make available to the public such report, except 

21 that each committee may, if necessary to pro22 tect the rights of any individual named in the 

23 report or to prevent undue interference with 

24 any pending prosecution, postpone or refrain 

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1 vision of the court may release any or all of 

2 such report in accordance with subsection 

3 (d)(8)(B). 

4 (C) JUDICIAL REVIEW OF REMOVAL.—An 

5 independent counsel removed from office may 

6 obtain judicial review of the removal in a civil 

7 action commenced in the United States District 

8 Court for the District of Columbia. A member 

9 of the division of the court may not hear or de10 termine any such civil action or any appeal of 

11 a decision in any such civil action. The inde12 pendent counsel may be reinstated or granted 

13 other appropriate relief by order of the court. 

14 (2) TERMINATION OF OFFICE.— 

15 (A) TERMINATION BY ACTION OF INDE16 PENDENT COUNSEL.—An office of independent 

17 counsel shall terminate when— 

18 (i) the independent counsel notifies 

19 the Attorney General that the investigation 

20 of all matters within the prosecutorial ju21 risdiction of such independent counsel or 

22 accepted by such independent counsel 

23 under subsection (d)(5), and any resulting 

24 prosecutions, have been completed or so 

25 substantially completed that it would be 


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1 appropriate for the Department of Justice 

2 to complete such investigations and pros3 ecutions; and 

4 (ii) the independent counsel files a 

5 final report in compliance with subsection 

6 (d)(8)(A)(ii). 

7 (B) TERMINATION BY DIVISION OF THE

8 COURT.—The division of the court, either on its 

9 own motion or upon the request of the Attorney 

10 General, may terminate an office of inde11 pendent counsel at any time, on the ground 

12 that the investigation of all matters within the 

13 prosecutorial jurisdiction of such independent 

14 counsel or accepted by such independent coun15 sel under subsection (d)(5), and any resulting 

16 prosecutions, have been completed or so sub17 stantially completed that it would be appro18 priate for the Department of Justice to com19 plete such investigations and prosecutions. At 

20 the time of such termination, the independent 

21 counsel shall file the final report required by 

22 subsection (d)(8)(A)(ii). If the Attorney General 

23 has not made a request under this subpara24 graph, the division of the court shall determine 

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1 propriate under this paragraph no later than 2 

2 years after the appointment of an independent 

3 counsel, at the end of the succeeding 2-year pe4 riod, and thereafter at the end of each suc5 ceeding 1-year period. 

6 (3) AUDITS.— 

7 (A) On or before June 30 of each year, an 

8 independent counsel shall prepare a statement 

9 of expenditures for the 6 months that ended on 

10 the immediately preceding March 31. On or be11 fore December 31 of each year, an independent 

12 counsel shall prepare a statement of expendi13 tures for the fiscal year that ended on the im14 mediately preceding September 30. An inde15 pendent counsel whose office is terminated prior 

16 to the end of the fiscal year shall prepare a 

17 statement of expenditures on or before the date 

18 that is 90 days after the date on which the of19 fice is terminated. 

20 (B) The Comptroller General of the United 

21 States shall— 

22 (i) conduct a financial review of a 

23 mid-year statement and a financial audit 

24 of a year-end statement and statement on 

25 termination; and 


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1 (ii) report the results to the Com2 mittee on the Judiciary, Committee on 

3 Homeland Security and Governmental Af4 fairs, and Committee on Appropriations of 

5 the Senate and the Committee on the Ju6 diciary, Committee on Oversight and Re7 form, and Committee on Appropriations of 

8 the House of Representatives not later 

9 than 90 days following the submission of 

10 each such statement. 

11 (g) RELATIONSHIP WITH DEPARTMENT OF JUS12 TICE.— 

13 (1) SUSPENSION OF OTHER INVESTIGATIONS

14 AND PROCEEDINGS.—Whenever a matter is in the 

15 prosecutorial jurisdiction of an independent counsel 

16 or has been accepted by an independent counsel 

17 under subsection (d)(5), the Department of Justice, 

18 the Attorney General, and all other officers and em19 ployees of the Department of Justice shall suspend 

20 all investigations and proceedings regarding such 

21 matter, except to the extent required by subsection 

22 (d)(4)(A), and except insofar as such independent 

23 counsel agrees in writing that such investigation or 

24 proceedings may be continued by the Department of 

25 Justice. 


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1 (2) PRESENTATION AS AMICUS CURIAE PER2 MITTED.—Nothing in this section shall prevent the 

3 Attorney General or the Solicitor General from mak4 ing a presentation as amicus curiae to any court as 

5 to issues of law raised by any case or proceeding in 

6 which an independent counsel participates in an offi7 cial capacity or any appeal of such a case or pro8 ceeding. 

9 (h) SEVERABILITY.—If any provision of this section 

10 or the application thereof to any person or circumstance 

11 is held invalid, the remainder of this section and the appli12 cation of such provision to other persons not similarly situ13 ated or to other circumstances shall not be affected by 

14 such invalidation. 

15 (i) TERMINATION OF EFFECT OF SECTION.—This 

16 section shall cease to be effective five years after the date 

17 of enactment of this Act, except that this section shall con18 tinue in effect with respect to then pending matters before 

19 an independent counsel that in the judgment of such coun20 sel require such continuation until that independent coun21 sel determines such matters have been completed. 

22 SEC. 3. INSPECTOR GENERAL FOR THE OFFICE OF SPECIAL 

23 COUNSEL. 

24 (a) ESTABLISHMENT.—Section 12 of the Inspector 

25 General Act of 1978 (5 U.S.C. App.) is amended— 


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1 (1) in paragraph (1), by striking ‘‘or the Direc2 tor of the National Reconnaissance Office’’ and in3 serting ‘‘the Director of the National Reconnais4 sance Office; or the Special Counsel’’; and 

5 (2) in paragraph (2), by striking ‘‘or the Na6 tional Reconnaissance Office’’ and inserting ‘‘the 

7 National Reconnaissance Office, or the Office of 

8 Special Counsel’’. 

9 (b) APPOINTMENT OF INSPECTOR GENERAL.—Not 

10 later than 120 days after the date of the enactment of 

11 this Act, the President shall appoint an individual as the 

12 Inspector General of the Office of Special Counsel in ac13 cordance with the requirements of section 3(a) of the In14 spector General Act of 1978 (5 U.S.C. App.). 

15 (c) REMOVAL FOR CAUSE ONLY.—The Inspector 

16 General of the Office of Special Counsel may only be re17 moved by the President for cause. 

18 SEC. 4. STRENGTHENING THE HATCH ACT. 

19 (a) PRESENTMENT OF HATCH ACT VIOLATIONS TO

20 MSPB.—Section 1215 of title 5, United States Code, is 

21 amended— 

22 (1) by striking ‘‘(b) In’’ and inserting ‘‘(b)(1) 

23 In’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(2) Paragraph (1) shall not apply to any determina2 tion by the Special Counsel with respect to a violation of 

3 subchapter III of chapter 73 (commonly referred to as the 

4 ‘Hatch Act’). Any complaint and statement referred to in 

5 subsection (a)(1), together with any response of the em6 ployee, regarding such a violation shall be presented to 

7 the Merit Systems Protection Board in accordance with 

8 subsection (a). This paragraph applies notwithstanding 

9 any other provision of law governing the employment or 

10 compensation of employees or officials in the White House 

11 Office.’’. 

12 (b) DISCLOSURE OF HATCH ACT INVESTIGATIONS

13 FOR CERTAIN POLITICAL EMPLOYEES.—Section 1216 of 

14 title 5, United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘(d) With respect to any investigation of an allega17 tion of prohibited activity under subsection (a)(1) against 

18 a political employee, the Special Counsel shall publish, on 

19 the Office of Special Counsel’s website, the Special Coun20 sel’s final determination under such investigation with re21 spect to whether a violation occurred. In this subsection, 

22 the term ‘political employee’ means any individual occu23 pying any of the following positions in the executive 

24 branch of Government (including an individual carrying 


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1 out the duties of a position described in paragraph (1) 

2 in an acting capacity): 

3 ‘‘(1) Any position required to be filled by an ap4 pointment by the President by and with the advice 

5 and consent of the Senate. 

6 ‘‘(2) Any position in the executive branch of the 

7 Government of a confidential or policy-determining 

8 character under schedule C of subpart C of part 213 

9 of title 5, Code of Federal Regulations. 

10 ‘‘(3) Any position in or under the Executive Of11 fice of the President.’’. 

12 (c) CLARIFICATION ON CANDIDATES VISITING FED13 ERAL PROPERTY.— 

14 (1) IN GENERAL.—Section 7323 of title 5, 

15 United States Code, is amended by adding at the 

16 end the following: 

17 ‘‘(d) Nothing in this section or section 7324 shall be 

18 construed to prohibit an employee from allowing a Mem19 ber of Congress or any other elected official from visiting 

20 Federal facilities for an official purpose, including receiv21 ing briefings, tours, or other official information.’’. 

22 (2) TECHNICAL AND CONFORMING AMEND23 MENTS.—Such section 7323 is further amended— 

24 (A) in subsection (a)(1), by striking ‘‘his’’ 

25 and inserting ‘‘the employee’s’’; and 


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1 (B) in subsection (c)— 

2 (i) by striking ‘‘he’’ and inserting ‘‘the 

3 employee’’; and 

4 (ii) by striking ‘‘his’’ and inserting 

5 ‘‘the employee’s’’. 

6 (d) ELIMINATION OF EXCEPTION FOR POLITICAL AP7 POINTEES.—Section 7324 of title 5, United States Code, 

8 is amended— 

9 (1) by striking ‘‘(a) An employee’’ and inserting 

10 ‘‘An employee’’; and 

11 (2) by striking subsection (b). 

12 (e) APPLYING HATCH ACT TO PRESIDENT AND VICE

13 PRESIDENT WHILE ON FEDERAL PROPERTY.— 

14 (1) IN GENERAL.—Subchapter III of chapter 

15 73 of title 5, United States Code, is amended by re16 designating section 7326 as section 7327 and by in17 serting after section 7325 the following: 

18 ‘‘§ 7326. Limitations on political activity of President 

19 and Vice President while on Federal 

20 property 

21 ‘‘Notwithstanding section 7322(1), the prohibitions 

22 on political activity under section 7323(a) and section 

23 7324 shall apply to the President and Vice President while 

24 the President and Vice President are on Federal property. 

25 In this section, the term ‘Federal property’ includes any 


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1 vehicle, building, or land owned or leased by the Federal 

2 Government, including the White House and White House 

3 grounds (including the Executive Residence and the Rose 

4 Garden).’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions of such subchapter is amended by striking the 

7 item relating to section 7326 and inserting the fol8 lowing: 

‘‘7326. Limitations on political activity of President and Vice President while 

on Federal property. 

‘‘7327. Penalties.’’. 

9 (f) CRIMINAL PENALTY.— 

10 (1) IN GENERAL.—Subchapter III of chapter 

11 73 of title 5, United States Code, as amended by 

12 subsection (e)(1), is further amended by adding 

13 after section 7327 the following: 

14 ‘‘§ 7328. Criminal penalty for Hatch Act violations 

15 ‘‘(a) IN GENERAL.—Any person who knowingly vio16 lates section 7323 or 7324 shall be fined $5,000 (notwith17 standing section 3571(e) of title 18), or imprisoned for 

18 not more than 5 years, or both. Notwithstanding section 

19 3571(e) of title 18, for each violation after the first, the 

20 fine applicable under this section shall be double the 

21 amount of the fine assessed for the previous violation. 

22 ‘‘(b) ATTORNEY FEES.—A court may assess against 

23 the United States reasonable attorney fees and other liti24 gation costs reasonably incurred in any case under this 


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1 section in which an employee has established, by a prepon2 derance of the evidence, that a superior ordered or other3 wise coerced the employee into taking any act that re4 sulted in a violation of such section 7323 or 7324.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions of such subchapter, as amended by subsection 

7 (e)(2), is further amended by inserting after the 

8 item relating to section 7327 the following: 

‘‘7328. Criminal penalty for Hatch Act violations.’’. 

9 (3) TRAINING.—After an individual’s first viola10 tion of section 7323 or 7324 of title 5, United 

11 States Code, such individual shall be provided train12 ing by the employing agency on how to avoid subse13 quent violations of either such section. 

14 SEC. 5. GAO REVIEW OF REIMBURSABLE POLITICAL 

15 EVENTS. 

16 Not later than 60 days after the date of enactment 

17 of this Act, the Comptroller General of the United States 

18 shall submit to Congress a report on reimbursable political 

19 events held at the White House or on the White House 

20 grounds during the period beginning on January 1, 1997, 

21 and ending on the date of enactment of this Act. Such 

22 report shall include the following: 

23 (1) Whether, during such period, the require24 ments in annual appropriations Acts with respect to 

25 reimbursable political events have been followed, inVerDate Sep 11 2014 23:18 Feb 05, 2022 Jkt 029200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S3582.IS S3582

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1 cluding the requirements under the heading ‘‘Execu2 tive Residence At the White House—Reimbursable 

3 Expenses’’ in division D of Public Law 116–6. 

4 (2) An assessment of what constitutes a polit5 ical event during such period. 

6 (3) Whether an event that was not classified as 

7 a political event during such period should have been 

8 classified as such an event. 

9 (4) A review of any payment made by a political 

10 entity under the terms of such requirements. 

11 (5) Recommendations for Congress on— 

12 (A) a definition for the term ‘‘political 

13 event’’; and 

14 (B) how to assess whether administrations 

15 are following such requirements and how to 

16 hold administrations accountable if such re17 quirements are not followed. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS