branch, or a former officer or employee of the Executive 
branch has violated section 102 of the Revised Statutes 
of the United States (2 U.S.C. 192), the procedures of 
this Act apply in lieu of the procedures set forth in section 
104 of the Revised Statutes of the United States (2 U.S.C. 
194). 
(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 Attorney General for presentation to a grand jury and 
to the Special Division of the Court created by this Act. 
(c) CIRCUMSTANCES LEADING TO APPOINTMENT OF 
SPECIAL ADVOCATE.—If— 
(1) the Attorney General informs the Special 
Division of the Court that the Deparment of Justice 
will not present the matter to a grand jury because 
political or institutional considerations create a con-
flict that would prevent redress to an affront to the 
authority of the House through presentment or pros-
ecution by the Department of Justice; 
(2) the Attorney General informs the Special 
Division of the Court that the Department of Jus-
tice will not present the matter to a grand jury for 
any other reason; or 
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tion of justice occurring during and in relation to 
such investigation and prosecution. 
(b) AUTHORITY OF SPECIAL ADVOCATE WITH RE-
SPECT TO MATTERS WITHIN PROSECUTORIAL JURISDIC-
TION.—With respect to all matters in that special advo-
cate’s prosecutorial jurisdiction, a special advocate ap-
pointed under this Act shall have full power and inde-
pendent authority to exercise all prosecutorial functions 
and powers, and any other functions and powers normally 
ancillary thereto, of the Department of Justice, the Attor-
ney General, and any other officer or employee of the De-
partment 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. 
(c) SALARY.—The special advocate shall receive a sal-
ary equivalent to the salary of the United States Attorney 
for the District of Columbia. 
(d) STAFF.—The special advocate may appoint and 
fix the salaries of such staff, not to exceed 12 in number, 
as the special advocate deems necessary to carry out the 
functions of the special advocate under this Act. However, 
no salary of a member of such staff may exceed the salary 
of the special advocate. 
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(e) EXPENSES.—The Department of Justice shall 
pay all costs relating to the establishment and operation 
of any office of special advocate. 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 dur-
ing that fiscal year for expenses of investigations and pros-
ecutions the special advocate. 
(f) REPORT TO CONGRESS.—Each special advocate 
shall report to Congress annually on the special advocate’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 advocate and provide infor-
mation justifying the costs of the activities reported on. 
SEC. 4. SPECIAL DIVISION OF THE COURT. 
(a) DESIGNATION.—The Chief Justice shall designate 
three judges or justices of the United States, one of whom 
shall be an active judge of the United States Court of Ap-
peals for the District of Columbia, to be the Special Divi-
sion of the Court for the purposes of this Act. The Chief 
Justice shall make the first such designation not later 
than 45 days after the date of the enactment of this Act. 
(b) SPECIAL DIVISION TO BE A DIVISION WITHIN 
THE UNITED STATES COURT OF APPEALS FOR THE DIS-
TRICT OF COLUMBIA CIRCUIT.—The Special Division of 
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the Court shall be a division within the United States 
Court of Appeals for the District of Columbia Circuit. 
(c) LENGTH OF DESIGNATION.—Each designation to 
the Special Division of the Court shall be for a term of 
2 years, but the Chief Justice may fill any vacancy arising 
before the end of a term for the remainder of that term. 
(d) PRIORITY TO BE GIVEN TO SENIOR CIRCUIT 
JUDGES
AND
RETIRED
JUSTICES
OF
THE
UNITED 
STATES SUPREME COURT.—In designating judges and 
justices to serve on the Special Division of the Court, the 
Chief Justice shall give priority to senior circuit judges 
and retired justices of the United States Supreme Court. 
(e) VARIETY OF COURTS TO BE REPRESENTED.— 
Not more than one person may be designated to such divi-
sion from a particular court. 
SEC. 5. REMOVAL OF SPECIAL ADVOCATE. 
(a) IN GENERAL.—A special advocate may be re-
moved from office, other than by impeachment and convic-
tion, only by the personal action of the Attorney General, 
and only for good cause, physical or mental disability, or 
any other condition that impairs the performance of that 
special advocate’s duties. 
(b) REPORT UPON REMOVAL.—If a special advocate 
is removed from office, the Attorney General shall prompt-
ly submit to the Special Division of the Court and the Con-
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gress a report specifying the facts found and the ultimate 
grounds for the removal. 
(c) JUDICIAL REVIEW OF REMOVAL.—A special advo-
cate 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 Special Division of the Court may not hear or deter-
mine any such civil action or any appeal of a decision in 
any such civil action. The special advocate may be rein-
stated or granted other appropriate relief by order of the 
court. 
SEC. 6. TERMINATION OF SPECIAL ADVOCATE’S AUTHOR-
ITY. 
(a) IN GENERAL.—The authority of the special advo-
cate shall cease two years after the date of the special ad-
vocates appointment, but the Special Division of the Court 
may extend that authority for an additional period not to 
exceed one year, if the court finds good cause to do so. 
Good cause to do so includes that the investigation or 
prosecution undertaken by the special advocate has been 
delayed by dilatory tactics by persons who could provide 
evidence that would significantly assist the investigation 
or prosecution, and also includes the need to allow the spe-
cial advocate to participate in any appellate proceedings 
related to prosecutions engaged in by the special advocate. 
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(b) TERMINATION BY SPECIAL DIVISION OF THE 
COURT.—The Special Division of the court, either on its 
own motion or upon the request of the Attorney General, 
may terminate an office of special advocate at any time, 
on the ground that the investigation of all matters within 
the prosecutorial jurisdiction of such special advocate, and 
any resulting prosecutions, have been completed or so sub-
stantially completed that it would be appropriate for the 
Department of Justice to complete such investigations and 
prosecutions. 
SEC. 7. EFFECTIVE DATE. 
This Act takes effect on January 20, 2009. 
Æ 
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