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[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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