I 
117TH CONGRESS 
1ST SESSION H. R. 5120 
To establish an Independent Counsel on Pernicious Political Activities, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 27, 2021 
Mr. PASCRELL (for himself and Mr. QUIGLEY) introduced the following bill; 
which was referred to the Committee on Oversight and Reform, and in 
addition to the Committee on the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To establish an Independent Counsel on Pernicious Political 
Activities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 Serv-
ants Act’’ or the ‘‘Political CRIMES Act’’. 
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SEC. 2. INDEPENDENT COUNSEL ON PERNICIOUS POLIT-
ICAL ACTIVITIES. 
(a) APPLICABILITY OF PROVISIONS OF THIS SEC-
TION.— 
(1) PRELIMINARY
INVESTIGATION
WITH
RE-
SPECT TO CERTAIN COVERED PERSONS.—The Attor-
ney General shall conduct a preliminary investiga-
tion 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, be-
tween 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)
AP-
PLIES.—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; 
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(C) any individual working in the Execu-
tive Office of the President who is compensated 
at a rate of pay at or above level II of the Exec-
utive 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
RE-
SPECT
TO
OTHER
PERSONS.—When the Attorney 
General determines that an investigation or prosecu-
tion 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 pre-
liminary investigation of such person in accordance 
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with subsection (b) if the Attorney General receives 
information sufficient to constitute grounds to inves-
tigate whether that person may have committed a 
covered violation. 
(4) EXAMINATION OF INFORMATION TO DETER-
MINE NEED FOR PRELIMINARY INVESTIGATION.— 
(A) FACTORS TO BE CONSIDERED.—In de-
termining 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
DETER-
MINATION.—The Attorney General shall deter-
mine whether grounds to investigate exist not 
later than 30 days after the information is first 
received. If within that 30-day period the Attor-
ney General determines that the information is 
not specific or is not from a credible source, 
then the Attorney General shall close the mat-
ter, 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 
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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, wheth-
er the information is specific and from a cred-
ible source, the Attorney General shall, at the 
end of that 30-day period, commence a prelimi-
nary investigation with respect to that informa-
tion. 
(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 finan-
cial relationship, the Attorney General 
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shall recuse themselves by designating the 
next most senior official in the Department 
of Justice who is not also recused to per-
form the duties assigned under this section 
to the Attorney General. 
(B) REQUIREMENTS FOR RECUSAL DETER-
MINATION.—Before 
personally 
making 
any 
other determination under this section with re-
spect to information received under this section, 
the Attorney General shall determine under 
subparagraph (A)(ii) whether recusal is nec-
essary. 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 divi-
sion 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
INVESTIGA-
TION.— 
(A) IN
GENERAL.—A preliminary inves-
tigation conducted under this section shall be of 
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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 com-
menced, except that, in the case of a prelimi-
nary investigation commenced after a congres-
sional request under paragraph (7), the Attor-
ney 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 inves-
tigation and the date of such commencement. 
(B) EXTENSION
OF
TIME
FOR
PRELIMI-
NARY INVESTIGATION.—The Attorney General 
may apply to the division of the court for a sin-
gle extension, for a period of not more than 60 
days, of the 90-day period referred to in sub-
paragraph (A). The division of the court may, 
upon a showing of good cause, grant such ex-
tension. 
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(2) DETERMINATION
THAT
FURTHER
INVES-
TIGATION NOT WARRANTED.— 
(A) NOTIFICATION OF DIVISION OF THE 
COURT.—If the Attorney General, upon comple-
tion 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 divi-
sion of the court shall have no power to appoint 
an independent counsel with respect to the mat-
ters 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 con-
tinue an investigation and provide notification 
to the appropriate Congressional committees 
that such an investigation is underway within 3 
days after the Attorney General’s determina-
tion. 
(B) FORM OF NOTIFICATION.—Such notifi-
cation shall contain a summary of the informa-
tion received and a summary of the results of 
the preliminary investigation. 
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(3) DETERMINATION
THAT
FURTHER
INVES-
TIGATION IS WARRANTED.— 
(A) APPLICATION FOR APPOINTMENT OF 
INDEPENDENT COUNSEL.—The Attorney Gen-
eral shall apply to the division of the court for 
the appointment of an independent counsel if— 
(i) the Attorney General, upon com-
pletion of a preliminary investigation under 
this section, determines that there are rea-
sonable grounds to believe that further in-
vestigation 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 rea-
sonable grounds exist to warrant further inves-
tigation, the Attorney General shall comply with 
the written or other established policies of the 
Department of Justice with respect to the con-
duct of criminal investigations. 
(B) RECEIPT
OF
ADDITIONAL
INFORMA-
TION.—If, after submitting a notification under 
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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 prelimi-
nary 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 provi-
sions 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 applica-
tion for the appointment of an independent counsel 
under this section shall contain sufficient informa-
tion to assist the division of the court in selecting an 
independent counsel and in defining that inde-
pendent 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. 
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(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 of-
fice of independent counsel may, without leave of the 
division of the court, disclose to any individual out-
side the Department of Justice or such office any 
notification, application, or any other document, ma-
terials, 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 appoint-
ment of an independent counsel shall not be review-
able in any court. 
(7) CONGRESSIONAL REQUEST.— 
(A) BY JUDICIARY COMMITTEE OR MEM-
BERS THEREOF.—The Committee on the Judi-
ciary of either House of the Congress, or a ma-
jority of majority party members of either such 
committee, may request in writing that the At-
torney General apply for the appointment of an 
independent counsel. 
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(B) REPORT BY ATTORNEY GENERAL PUR-
SUANT TO REQUEST.—Not later than 30 days 
after the receipt of a request under subpara-
graph (A), the Attorney General shall submit, 
to the committee making the request, or to the 
committee on which the persons making the re-
quest 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 sub-
section (a), as the case may be. The report shall 
set forth the reasons for the Attorney General’s 
decision regarding such preliminary investiga-
tion as it relates to each of the matters with re-
spect to which the congressional request is 
made. If there is such a preliminary investiga-
tion, the report shall include the date on which 
the preliminary investigation began or will 
begin. 
(C) SUBMISSION OF INFORMATION IN RE-
SPONSE 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 
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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 estab-
lished if not in effect on the date of enactment of 
this Act. 
(2) APPOINTMENT AND JURISDICTION OF INDE-
PENDENT COUNSEL.— 
(A) AUTHORITY.—Upon receipt of an ap-
plication under subsection (b)(3), the division of 
the court shall appoint an appropriate inde-
pendent counsel and shall define that inde-
pendent counsel’s prosecutorial jurisdiction. 
(B) QUALIFICATIONS
OF
INDEPENDENT 
COUNSEL.—The division of the court shall ap-
point as independent counsel an individual who 
has appropriate experience and who will con-
duct 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 in-
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vestigation and any prosecution without undue 
delay. The division of the court may not ap-
point as an independent counsel any person who 
holds any office of profit or trust under the 
United States. 
(C) SCOPE OF PROSECUTORIAL JURISDIC-
TION.—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 in-
fractions, that may arise out of the investiga-
tion 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 wit-
nesses. 
(D) DISCLOSURE OF IDENTITY AND PROS-
ECUTORIAL
JURISDICTION.—An 
independent 
counsel’s identity and prosecutorial jurisdiction 
(including any expansion under paragraph (3)) 
may not be made public except upon the re-
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quest of the Attorney General or upon a deter-
mination of the division of the court that disclo-
sure of the identity and prosecutorial jurisdic-
tion 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 in-
formation 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 be-
lieve that further investigation is warranted with re-
spect to information received under this section, the 
division of the court shall have no authority to over-
rule 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 
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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 com-
pleted. If the independent counsel is removed, the di-
vision 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 inves-
tigation 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 at-
torneys’ 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 inde-
pendent counsel who conducted the investiga-
tion 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 coun-
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sel and the Attorney General to file a written 
evaluation of any request for attorneys’ fees 
under this subsection, addressing— 
(i) the sufficiency of the documenta-
tion; 
(ii) the need or justification for the 
attorneys’ fees; 
(iii) whether the attorneys’ fees would 
have been incurred but for the require-
ments of this section; and 
(iv) the reasonableness of the amount 
of money requested. 
(6) DISCLOSURE OF INFORMATION.—The divi-
sion 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.— 
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(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 investiga-
tive 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 exer-
cise direction or control as to those matters that spe-
cifically require the Attorney General’s personal ac-
tion 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 inde-
pendent counsel participates in an official ca-
pacity; 
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(D) reviewing all documentary evidence 
available from any source; 
(E) determining whether to contest the as-
sertion 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 na-
tional security; 
(G) making applications to any Federal 
court for a grant of immunity to any witness, 
consistent with applicable statutory require-
ments, 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 accord-
ance with the applicable statutes and regula-
tions, and, for purposes of section 6103 of the 
Internal Revenue Code of 1986 and the regula-
tions issued thereunder, exercising the powers 
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vested in a United States attorney or the Attor-
ney 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 at-
torney for the district in which any covered vio-
lation was alleged to have occurred. 
(2) COMPENSATION.— 
(A) IN GENERAL.—An independent counsel 
appointed under this Act shall receive com-
pensation at the per diem rate equal to the an-
nual 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 pro-
vided in subparagraph (C), an independent 
counsel and persons appointed under paragraph 
(3) shall be entitled to the payment of travel ex-
penses 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. 
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(C) TRAVEL TO PRIMARY OFFICE.— 
(i) IN
GENERAL.—After 1 year of 
service under this section, an independent 
counsel and persons appointed under para-
graph (3) shall not be entitled to the pay-
ment of travel, per diem, or subsistence ex-
penses under subchapter I of chapter 57 of 
title 5, United States Code, for the pur-
pose of commuting to or from the city in 
which the primary office of the inde-
pendent counsel or person is located. The 
1-year period may be extended for succes-
sive 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 ex-
penses of an independent counsel or person 
appointed under paragraph (3), the inde-
pendent counsel and the division of the 
court shall consider, among other relevant 
factors— 
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(I) the cost to the Government of 
reimbursing such travel and subsist-
ence 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 relo-
cating so that such travel and subsist-
ence 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 indi-
vidual involved who is unable or un-
willing to so relocate. 
(3) ADDITIONAL
PERSONNEL.—For the pur-
poses of carrying out the duties of an office of inde-
pendent counsel, such independent counsel may ap-
point, fix the compensation, and assign the duties of 
such employees as such independent counsel con-
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siders necessary (including investigators, attorneys, 
and part-time consultants). The positions of all such 
employees are exempted from the competitive serv-
ice. Such employees shall be compensated at levels 
not to exceed those payable for comparable positions 
in the Office of United States Attorney for the Dis-
trict 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 Colum-
bia under section 5304 of that title regardless of the 
locality in which an employee is employed. 
(4) ASSISTANCE
OF
DEPARTMENT
OF
JUS-
TICE.— 
(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 as-
sistance, which may include access to any 
records, files, or other materials relevant to 
matters within such independent counsel’s pros-
ecutorial jurisdiction, and the use of the re-
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sources and personnel necessary to perform 
such independent counsel’s duties. At the re-
quest 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 EX-
PENDITURES
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 prosecu-
tions 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 jurisdic-
tion 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 di-
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vision of the court to refer to the independent 
counsel matters related to the independent 
counsel’s prosecutorial jurisdiction, and the At-
torney 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 inde-
pendent counsel on the Attorney General’s own 
initiative, the independent counsel may accept 
such referral if the matter relates to the inde-
pendent counsel’s prosecutorial jurisdiction. If 
the Attorney General refers any matter to the 
independent counsel pursuant to the inde-
pendent counsel’s request, or if the independent 
counsel accepts a referral made by the Attorney 
General on the Attorney General’s own initia-
tive, 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 vio-
lation of the law other than a covered violation, 
the independent counsel shall— 
(i) refer the matter to the Attorney 
General; 
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(ii) refer the matter to any relevant 
State or local law enforcement official; and 
(iii) not later than 7 days after dis-
covery of the violation, submit a report to 
Congress. 
(6) COMPLIANCE WITH POLICIES OF THE DE-
PARTMENT 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 sec-
tion, comply with the written or other estab-
lished policies of the Department of Justice re-
specting 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 sec-
tion, consult with the Department of Justice. 
(B) 
NATIONAL
SECURITY.—An 
inde-
pendent 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 juris-
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diction without conducting an investigation or at any 
subsequent time before prosecution, if to do so 
would be consistent with the written or other estab-
lished policies of the Department of Justice with re-
spect to the enforcement of criminal laws. The inde-
pendent 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 begin-
ning on the date of that counsel’s appoint-
ment, and with respect to each 6-month 
period thereafter until the office of that 
independent counsel terminates, a report 
which identifies and explains major ex-
penses, 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 inde-
pendent counsel’s office under subsection 
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(f)(2), file a final report with the division 
of the court, setting forth fully and com-
pletely a description of the work of the 
independent counsel, including the disposi-
tion of all cases brought. 
(B) DISCLOSURE OF INFORMATION IN RE-
PORTS.—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 divi-
sion of the court considers appropriate. The di-
vision of the court shall make such orders as 
are appropriate to protect the rights of any in-
dividual named in such report and to prevent 
undue interference with any pending prosecu-
tion. The division of the court may make any 
portion of a final report filed under subpara-
graph (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 
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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 inde-
pendent counsel shall certify the number of cop-
ies 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 Super-
intendent of Documents sales program pursu-
ant to sections 1702 and 1903 of title 44, 
United States Code. Such report shall be con-
sidered to be publicly available if it is available 
to the public online in a 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 
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(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 inde-
pendent counsel or appointed person, as 
the case may be, represent any person in 
any matter if that individual was the sub-
ject 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 inde-
pendent 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 
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a firm with which an independent counsel is as-
sociated or becomes associated after termi-
nation of the service of that independent coun-
sel under this section may not, for 1 year fol-
lowing 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 cor-
poration; 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 Gen-
eral and the Director of the Office of Govern-
ment Ethics have authority to enforce compli-
ance with this paragraph. 
(11) CUSTODY
OF
RECORDS
OF
AN
INDE-
PENDENT COUNSEL.— 
(A) TRANSFER OF RECORDS.—Upon ter-
mination of the office of an independent coun-
sel, that independent counsel shall transfer to 
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the Archivist of the United States all records 
which have been created or received by that of-
fice. Before this transfer, the independent coun-
sel 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 coun-
sel’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 Ar-
chivist 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 Ar-
chivist under this section shall be maintained, 
used, and disposed of in accordance with chap-
ters 21, 29, and 33 of title 44, United States 
Code. 
(C) ACCESS TO RECORDS.— 
(i) IN GENERAL.—Subject to subpara-
graph (D), access to the records trans-
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ferred to the Archivist under this section 
shall be governed by section 552 of title 5, 
United States Code. 
(ii) ACCESS BY DEPARTMENT OF JUS-
TICE.—The Archivist shall, upon written 
application by the Attorney General, dis-
close any such records to the Department 
of Justice for purposes of an ongoing law 
enforcement investigation or court pro-
ceeding, except that, in the case of grand 
jury materials, such records shall be so dis-
closed only by order of the court of juris-
diction 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 Adminis-
tration who are engaged in the perform-
ance of normal archival work shall be per-
mitted 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 
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the Senate which are provided to an inde-
pendent 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 sec-
tion, be made available, except as provided 
in subparagraph (C)(ii) and (iii), in ac-
cordance with the rules governing release 
of the records of the House of Congress 
that provided the records to the inde-
pendent 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; 
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(II) authorize only reasonable 
and lawful expenditures; and 
(III) promptly, upon taking of-
fice, assign to a specific employee the 
duty of certifying that expenditures of 
the independent counsel are reason-
able and made in accordance with law. 
(ii) LIABILITY FOR INVALID CERTIFI-
CATION.—An employee making a certifi-
cation under clause (i)(III) shall be liable 
for an invalid certification to the same ex-
tent as a certifying official certifying a 
voucher is liable under section 3528 of title 
31, United States Code. 
(iii) DEPARTMENT OF JUSTICE POLI-
CIES.—An independent counsel shall com-
ply with the established policies of the De-
partment of Justice respecting expendi-
tures of funds, except to the extent that 
compliance would be inconsistent with the 
purposes of this section. 
(B) ADMINISTRATIVE SUPPORT.—The Di-
rector of the Administrative Office of the 
United States Courts shall provide administra-
tive support and guidance to each independent 
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counsel. No officer or employee of the Adminis-
trative Office of the United States Courts shall 
disclose information related to an independent 
counsel’s expenditures, personnel, or adminis-
trative acts or arrangements without the au-
thorization of the independent counsel. 
(C) OFFICE SPACE.—The Administrator of 
General Services, in consultation with the Di-
rector 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 arrange-
ments would cost less. Until such office space 
is provided, the Administrative Office of the 
United States Courts shall provide newly ap-
pointed 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 
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have oversight jurisdiction with respect to the 
official conduct of any independent counsel ap-
pointed under this section, and such inde-
pendent counsel shall have the duty to cooper-
ate with the exercise of such oversight jurisdic-
tion. 
(B) REPORTS
TO
CONGRESS.—An inde-
pendent counsel appointed under this section 
shall submit to the Congress annually a report 
on the activities of the independent counsel, in-
cluding a description of the progress of any in-
vestigation 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 ex-
penditures that the office of the independent 
counsel has made. 
(2) OVERSIGHT
OF
CONDUCT
OF
ATTORNEY 
GENERAL.—Within 15 days after receiving an in-
quiry about a particular case under this section, 
which is a matter of public knowledge, from a com-
mittee of the Congress with jurisdiction over this 
section, the Attorney General shall provide the fol-
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lowing 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 ap-
pointment of an independent counsel or a noti-
fication that further investigation is not war-
ranted has been filed with the division of the 
court, and if so, the date of such filing. 
(3) INFORMATION
RELATING
TO
IMPEACH-
MENT.—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 con-
stitute 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 im-
peachment proceeding. 
(f) REMOVAL OF AN INDEPENDENT COUNSEL; TER-
MINATION OF OFFICE.— 
(1) REMOVAL; REPORT ON REMOVAL.— 
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(A) GROUNDS
FOR
REMOVAL.—An inde-
pendent counsel appointed under this section 
may be removed from office, other than by im-
peachment 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 dis-
crimination 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 pro-
tect 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 di-
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vision 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 de-
termine any such civil action or any appeal of 
a decision in any such civil action. The inde-
pendent counsel may be reinstated or granted 
other appropriate relief by order of the court. 
(2) TERMINATION OF OFFICE.— 
(A) TERMINATION
BY
ACTION
OF
INDE-
PENDENT 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 ju-
risdiction 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 
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appropriate for the Department of Justice 
to complete such investigations and pros-
ecutions; 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 inde-
pendent 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 coun-
sel under subsection (d)(5), and any resulting 
prosecutions, have been completed or so sub-
stantially completed that it would be appro-
priate for the Department of Justice to com-
plete 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 subpara-
graph, the division of the court shall determine 
on its own motion whether termination is ap-
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propriate under this paragraph no later than 2 
years after the appointment of an independent 
counsel, at the end of the succeeding 2-year pe-
riod, and thereafter at the end of each suc-
ceeding 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 be-
fore December 31 of each year, an independent 
counsel shall prepare a statement of expendi-
tures for the fiscal year that ended on the im-
mediately preceding September 30. An inde-
pendent 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 of-
fice is terminated. 
(B) The Comptroller General 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 
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(ii) report the results to the Com-
mittee on the Judiciary, Committee on 
Governmental Affairs, and Committee on 
Appropriations of the Senate and the Com-
mittee on the Judiciary, Committee on 
Oversight and Reform, and Committee on 
Appropriations of the House of Represent-
atives not later than 90 days following the 
submission of each such statement. 
(g) RELATIONSHIP WITH DEPARTMENT
OF JUS-
TICE.— 
(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 em-
ployees 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. 
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(2) PRESENTATION
AS
AMICUS
CURIAE
PER-
MITTED.—Nothing in this section shall prevent the 
Attorney General or the Solicitor General from mak-
ing 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 offi-
cial capacity or any appeal of such a case or pro-
ceeding. 
(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 appli-
cation of such provision to other persons not similarly situ-
ated 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 con-
tinue in effect with respect to then pending matters before 
an independent counsel that in the judgment of such coun-
sel require such continuation until that independent coun-
sel 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— 
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(1) in paragraph (1), by striking ‘‘or the Direc-
tor of the National Reconnaissance Office’’ and in-
serting ‘‘the Director of the National Reconnais-
sance Office; or the Special Counsel’’; and 
(2) in paragraph (2), by striking ‘‘or the Na-
tional 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 ac-
cordance with the requirements of section 3(a) of the In-
spector 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 re-
moved 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: 
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‘‘(2) Paragraph (1) shall not apply to any de-
termination by the Special Counsel with respect to 
a violation of subchapter III of chapter 73 (com-
monly referred to as the ‘Hatch Act’). Any com-
plaint 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 notwith-
standing any other provision of law governing the 
employment or compensation of employees or offi-
cials 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 allega-
tion 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 Coun-
sel’s final determination under such investigation with re-
spect to whether a violation occurred. In this subsection, 
the term ‘political employee’ means any individual occu-
pying any of the following positions in the executive 
branch of Government (including an individual carrying 
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out the duties of a position described in paragraph (1) 
in an acting capacity): 
‘‘(1) Any position required to be filled by an ap-
pointment 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 Of-
fice of the President.’’. 
(c) CLARIFICATION ON CANDIDATES VISITING FED-
ERAL 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 Mem-
ber of Congress or any other elected official from visiting 
Federal facilities for an official purpose, including receiv-
ing briefings, tours, or other official information.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Such section 7323 is further amended— 
(A) in subsection (a)(1), by striking ‘‘his’’ 
and inserting ‘‘the employee’s’’; and 
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(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 AP-
POINTEES.—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 re-
designating section 7326 as section 7327 and by in-
serting after section 7325 the following: 
‘‘§ 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 
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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 sec-
tions of such subchapter is amended by striking the 
item relating to section 7326 and inserting the fol-
lowing: 
‘‘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: 
‘‘§ 7328. Criminal penalty for Hatch Act violations 
‘‘(a) IN GENERAL.—Any person who knowingly vio-
lates section 7323 or 7324 shall be fined $5,000 (notwith-
standing 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 liti-
gation costs reasonably incurred in any case under this 
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section in which an employee has established, by a prepon-
derance of the evidence, that a superior ordered or other-
wise coerced the employee into taking any act that re-
sulted in a violation of such section 7323 or 7324.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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 viola-
tion of section 7323 or 7324 of title 5, United 
States Code, such individual shall be provided train-
ing by the employing agency on how to avoid subse-
quent 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 shall submit to Con-
gress 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 require-
ments in annual appropriations Acts with respect to 
reimbursable political events have been followed, in-
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cluding the requirements under the heading ‘‘Execu-
tive Residence At the White House—Reimbursable 
Expenses’’ in division D of Public Law 116–6. 
(2) An assessment of what constitutes a polit-
ical 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 re-
quirements are not followed. 
Æ 
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