I 
111TH CONGRESS 
1ST SESSION 
H. R. 277 
To provide an alternate procedure for the prosecution of certain criminal 
contempts referred for prosecution by the House of Representatives, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2009 
Mr. MILLER of North Carolina (for himself, Mr. CONYERS, and Ms. LEE of 
California) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To provide an alternate procedure for the prosecution of 
certain criminal contempts referred for prosecution by 
the House of Representatives, 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 ‘‘Special Criminal Con-
tempt of Congress Procedures Act of 2009’’. 
SEC. 2. ALTERNATE PROCEDURE. 
(a) SCOPE OF APPLICATION.—If the House of Rep-
resentatives finds a current or former officer or employee 
of the Executive branch has violated section 102 of the 
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Revised Statutes of the United States (2 U.S.C. 192), the 
procedures of this Act apply. 
(b) CERTIFICATION BY SPEAKER.—Upon the finding 
by the House of Representatives of a violation to which 
this Act applies, the Speaker shall certify that finding to 
the appropriate United States attorney, whose duty it 
shall be to bring the matter before the grand jury for its 
action. 
(c) CIRCUMSTANCES LEADING TO APPOINTMENT OF 
SPECIAL COUNSEL.—If— 
(1) the Attorney General or the United States 
attorney to whom the finding was certified informs 
the court or the House that the Department of Jus-
tice will not prosecute the case; or 
(2) by the end of the 30th day after the date 
of receipt of a certification made under subsection 
(b) a grand jury has not returned an indictment 
based on the violation alleged in the certification; 
the Chief Judge of the United States district court for 
the district to whose United States Attorney the certifi-
cation was made (hereinafter in this Act referred to as 
the ‘‘Chief Judge’’) shall appoint a special counsel under 
section 3. It shall be the duty of the Attorney General 
to inform that court and the House if a grand jury does 
not return an indictment by the end of the 30-day period. 
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The Speaker of the House, or any interested congressional 
party, may file with the Chief Judge a suggestion that 
circumstances giving rise to a duty to appoint a special 
counsel have occurred after the 30-day period ends with-
out the return of an indictment. 
SEC. 3. APPOINTMENT, QUALIFICATIONS, AND PROSECU-
TORIAL JURISDICTION OF SPECIAL COUN-
SEL, AND ADMINISTRATIVE MATTERS RELAT-
ING TO THE SPECIAL COUNSEL. 
(a) APPOINTMENT, QUALIFICATIONS, AND PROSECU-
TORIAL JURISDICTION OF SPECIAL COUNSEL.— 
(1) APPOINTMENT AND QUALIFICATIONS.—The 
Chief Judge shall appoint the special counsel, who 
must be an attorney in good standing with substan-
tial prosecutorial experience who has not served in 
any capacity in the administration of the President 
who is or was in office when the Speaker of the 
House certified the finding of a violation. 
(2) PROSECUTORIAL JURISDICTION.—The Chief 
Judge shall define the special counsel’s prosecutorial 
jurisdiction as comprising the investigation and 
prosecution of the alleged violation, any conspiracy 
to commit the alleged violation, and any perjury, 
false statement, or obstruction of justice occurring 
in relation to such investigation and prosecution. 
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(b) AUTHORITY OF SPECIAL COUNSEL WITH RE-
SPECT TO MATTERS WITHIN PROSECUTORIAL JURISDIC-
TION.—With respect to all matters in that special coun-
sel’s prosecutorial jurisdiction, a special counsel appointed 
under this Act shall have full power and independent au-
thority to exercise all prosecutorial functions and powers, 
and any other functions and powers normally ancillary 
thereto, of the Department of Justice, the Attorney Gen-
eral, 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 sec-
tion 2516 of title 18, United States Code. 
(c) COMPLIANCE WITH POLICIES OF THE DEPART-
MENT OF JUSTICE.— 
(1) IN GENERAL.—A special counsel shall, ex-
cept to the extent that to do so would be incon-
sistent with the purposes of this Act, comply with 
the written or other established policies of the De-
partment of Justice respecting enforcement of the 
criminal laws. 
(2) NATIONAL
SECURITY.—A special counsel 
shall comply with guidelines and procedures used by 
the Department in the handling and use of classified 
material. 
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(d) SALARY.—The special counsel shall receive a sal-
ary equivalent to the salary of the United States Attorney 
for the District of Columbia. 
(e) STAFF.—The special counsel may appoint and fix 
the salaries of such staff, not to exceed 12 in number, 
as the special counsel deems necessary to carry out the 
functions of the special counsel under this Act. However, 
no salary of a member of such staff may exceed the salary 
of the special counsel. 
(f) EXPENSES.—The Department of Justice shall pay 
all costs relating to the establishment and operation of any 
office of special counsel. The Attorney General shall sub-
mit 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 
the special counsel. 
(g) REPORT TO CONGRESS.—Each special counsel 
shall report to Congress annually on the special counsel’s 
activities under this Act. The report shall include a de-
scription of the progress of any investigation or prosecu-
tion conducted by the special counsel and provide informa-
tion justifying the costs of the activities reported on. 
SEC. 4. REMOVAL OF SPECIAL COUNSEL. 
(a) IN GENERAL.—A special counsel may be removed 
from office, other than by impeachment and conviction, 
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only by the personal action of the Attorney General, and 
only for good cause, physical or mental disability, or any 
other condition that substantially impairs the performance 
of that special counsel’s duties. 
(b) REPORT UPON REMOVAL.—If a special counsel 
is removed from office, the Attorney General shall prompt-
ly submit to the Chief Judge and to Congress a report 
specifying the facts found and the ultimate grounds for 
the removal. 
(c) JUDICIAL REVIEW
OF REMOVAL.—A special 
counsel removed from office may obtain judicial review of 
the removal in a civil action. The Chief Judge may not 
hear or determine any such civil action or any appeal of 
a decision in any such civil action. The special counsel may 
be reinstated or granted other appropriate relief by order 
of the court. 
(d) APPOINTMENT
OF REPLACEMENT.—Upon re-
moval of a special counsel, the Chief Judge shall appoint 
a similarly qualified individual to continue the functions 
of the special counsel. 
SEC. 5. TERMINATION OF SPECIAL COUNSEL’S AUTHORITY. 
(a) IN GENERAL.—The authority of the special coun-
sel shall cease two years after the date of the special coun-
sel’s appointment, but the Chief Judge may extend that 
authority for an additional period not to exceed one year, 
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if the Chief Judge finds good cause to do so. Good cause 
to do so includes that the investigation or prosecution un-
dertaken by the special counsel has been delayed by dila-
tory tactics by persons who could provide evidence that 
would significantly assist the investigation or prosecution, 
and also includes the need to allow the special counsel to 
participate in any appellate proceedings related to pros-
ecutions engaged in by the special counsel. 
(b) TERMINATION BY COURT.—The Chief Judge, ei-
ther on the judge’s own motion or upon the request of 
the Attorney General, may terminate an office of special 
counsel at any time, on the ground that the investigation 
of all matters within the prosecutorial jurisdiction of such 
special counsel, 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. 
SEC. 6. INCREASE IN PENALTY FOR CONTEMPT OF CON-
GRESS. 
Section 102 of the Revised Statutes of the United 
States (2 U.S.C. 194) is amended by striking ‘‘deemed’’ 
and all that follows through ‘‘twelve months’’ and insert-
ing ‘‘fined not more than $1,000,000 or imprisoned not 
more than 2 years, or both’’. 
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SEC. 7. EFFECTIVE DATE. 
This Act takes effect on January 20, 2009. 
Æ 
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