,,ii #aagth ,,congress #b;d ,session ,s4 #cehb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #c1 #bjbb,ms4 ,warren 7for herself1 ,mr4 ,merkley1 and ,mr4 ,markey7 introduced the following bill2 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 ,activities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,political ,corruption ,review of ,infractions for ,misconduct by ,executive ,servants ,act or the ,political ,,crimes ,act4 #b4 ,independent ,counsel on ,pernicious ,political ,activities 7a7 ,applicability of provisions of this section 7#a7 ,preliminary investigation with respect to certain covered persons ,the ,attorney ,general shall conduct a preliminary investigation in accordance with subsection 7b7 whenever the ,attorney ,general receives information sufficient to constitute grounds to investigate whether any person described in paragraph 7#b7 may have violated1 between ,january #bj1 #bjji and ,january #ba1 #bjba-- 7,a7 section #gcbc or #gcbd of title #e1 ,united ,states ,code1 as amended by this ,act2 or 7,b7 section #faj of title #ah1 ,united ,states ,code4 ,for purposes of this section1 such a violation shall be referred to as a covered violation4 7#b7 ,persons to whom paragraph 7#a7 applies ,the persons referred to in paragraph 7#a7 are-- 7,a7 the ,president and ,vice ,president2 7,b7 any individual serving in a position listed in section #ecab of title #e1 ,united ,states ,code2 7,c7 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 #ecac of title #e1 ,united ,states ,code2 7,d7 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 #ecad of title #e1 ,united ,states ,code2 7,e7 the ,director of ,central ,intelligence1 the ,deputy ,director of ,central ,intelligence1 and the ,commissioner of ,internal ,revenue2 and 7,f7 for a period of #a year after leaving an office or position described in subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e71 each individual who held such office or position4 7#c7 ,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 personal1 financial1 or political conflict of interest1 the ,attorney ,general may conduct a preliminary investigation of such person in accordance with subsection 7b7 if the ,attorney ,general receives information sufficient to constitute grounds to investigate whether that person may have committed a covered violation4 7#d7 ,examination of information to determine need for preliminary investigation 7,a7 ,factors to be considered ,in determining whether grounds to investigate exist1 the ,attorney ,general shall consider only-- 7i7 the specificity of the information received2 and 7ii7 the credibility of the source of the information4 7,b7 ,time period for making determination ,the ,attorney ,general shall determine whether grounds to investigate exist not later than #cj days after the information is first received4 ,if within that #cj-;day period the ,attorney ,general determines that the information is not specific or is not from a credible source1 then the ,attorney ,general shall close the matter1 and submit a report1 not later than #g days thereafter to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives4 ,if within that #cj-;day period the ,attorney ,general determines that the information is specific and from a credible source1 the ,attorney ,general shall1 upon making that determination1 commence a preliminary investigation with respect to that information4 ,if the ,attorney ,general is unable to determine1 within that #cj-;day period1 whether the information is specific and from a credible source1 the ,attorney ,general shall1 at the end of that #cj-;day period1 commence a preliminary investigation with respect to that information4 7#e7 ,recusal of ,attorney ,general 7,a7 ,when recusal is required 7i7 ,if information received under this section involves the ,attorney ,general1 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 ,general4 7ii7 ,if information received under this section involves a person with whom the ,attorney ,general has a personal or financial relationship1 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 ,general4 7,b7 ,requirements for recusal determination ,before personally making any other determination under this section with respect to information received under this section1 the ,attorney ,general shall determine under subparagraph 7,a77ii7 whether recusal is necessary4 ,the ,attorney ,general shall set forth this determination in writing1 identify the facts considered by the ,attorney ,general1 and set forth the reasons for the recusal4 ,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 information4 7b7 ,preliminary investigation and application for appointment of an independent counsel 7#a7 ,conduct of preliminary investigation 7,a7 ,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 determination1 under paragraph 7#b7 or 7#c71 on whether further investigation is warranted1 with respect to each potential covered violation1 or allegation of a covered violation4 ,the ,attorney ,general shall make such determination not later than #ij days after the preliminary investigation is commenced1 except that1 in the case of a preliminary investigation commenced after a congressional request under paragraph 7#g71 the ,attorney ,general shall make such determination not later than #ij days after the request is received4 ,the ,attorney ,general shall promptly notify the division of the court specified in subsection 7c7 of the commencement of such preliminary investigation and the date of such commencement4 7,b7 ,extension of time for preliminary investigation ,the ,attorney ,general may apply to the division of the court for a single extension1 for a period of not more than #fj days1 of the #ij-;day period referred to in subparagraph 7,a74 ,the division of the court may1 upon a showing of good cause1 grant such extension4 7#b7 ,determination that further investigation not warranted 7,a7 ,notification of division of the court ,if the ,attorney ,general1 upon completion of a preliminary investigation under this section1 determines that there are no reasonable grounds to believe that further investigation is warranted1 the ,attorney ,general shall promptly so notify the division of the court1 and the division of the court shall have no power to appoint an independent counsel with respect to the matters involved4 ,the division of the court shall issue a report in agreement with the ,attorney ,general's investigation4 ,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 #c days after the ,attorney ,general's determination4 7,b7 ,form of notification ,such notification shall contain a summary of the information received and a summary of the results of the preliminary investigation4 7#c7 ,determination that further investigation is warranted 7,a7 ,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-- 7i7 the ,attorney ,general1 upon completion of a preliminary investigation under this section1 determines that there are reasonable grounds to believe that further investigation is warranted2 or 7ii7 the #ij-;day period referred to in paragraph 7#a77;,a71 and any extension granted under paragraph 7#a77;,c71 have elapsed and the ,attorney ,general has not filed a notification with the division of the court under paragraph 7#b77;,a74 ,in determining under this section whether reasonable grounds exist to warrant further investigation1 the ,attorney ,general shall comply with the written or other established policies of the ,department of ,justice with respect to the conduct of criminal investigations4 7,b7 ,receipt of additional information ,if1 after submitting a notification under paragraph 7#b77;,a71 the ,attorney ,general receives additional information sufficient to constitute grounds to investigate the matters to which such notification related1 the ,attorney ,general shall-- 7i7 conduct such additional preliminary investigation as the ,attorney ,general considers appropriate for a period of not more than #ij days after the date on which such additional information is received2 and 7ii7 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 section4 7#d7 ,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 matter4 7#e7 ,disclosure of information ,except as otherwise provided in this section or as is deemed necessary for law enforcement purposes1 no officer or employee of the ,department of ,justice or an office of independent counsel may1 without leave of the division of the court1 disclose to any individual outside the ,department of ,justice or such office any notification1 application1 or any other document1 materials1 or memorandum supplied to the division of the court under this section4 ,nothing in this section shall be construed as authorizing the withholding of information from the ,congress4 7#f7 ,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 court4 7#g7 ,congressional ,request 7,a7 ,by judiciary committee or members thereof ,the ,committee on the ,judiciary of either ,house of the ,congress1 or a majority of majority party members of either such committee1 may request in writing that the ,attorney ,general apply for the appointment of an independent counsel4 7,b7 ,report by attorney general pursuant to request ,not later than #cj days after the receipt of a request under subparagraph 7,a71 the ,attorney ,general shall submit1 to the committee making the request1 or to the committee on which the persons making the request serve1 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 made1 in accordance with paragraph 7#a7 or 7#c7 of subsection 7a71 as the case may be4 ,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 made4 ,if there is such a preliminary investigation1 the report shall include the date on which the preliminary investigation began or will begin4 7,c7 ,submission of information in response to congressional request ,at the same time as any notification1 application1 or any other document1 material1 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 7,a71 such notification1 application1 or other document1 material1 or memorandum shall be supplied to the committee making the request1 or to the committee on which the persons making the request serve4 ,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 investigation1 the ,attorney ,general shall submit a report to that committee stating the reasons why such application was not made1 addressing each matter with respect to which the congressional request was made4 7,d7 ,disclosure of information ,any report1 notification1 application1 or other document1 material1 or memorandum supplied to a committee under this paragraph shall not be revealed to any third party1 except that the committee may1 either on its own initiative or upon the request of the ,attorney ,general1 make public such portion or portions of such report1 notification1 application1 document1 material1 or memorandum as will not in the committee's judgment prejudice the rights of any individual4 7c7 ,duties of the ,division of the ,court 7#a7 ,reference to division of the court ,the division of the court to which this ,act refers is the division established under section #di of title #bh1 ,united ,states ,code4 ,a division shall be so established if not in effect on the date of enactment of this ,act4 7#b7 ,appointment and ,jurisdiction of ,independent ,counsel 7,a7 ,authority ,upon receipt of an application under subsection 7b77#c71 the division of the court shall appoint an appropriate independent counsel and shall define that independent counsel's prosecutorial jurisdiction4 7,b7 ,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 prompt1 responsible1 and cost-effective manner4 ,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 delay4 ,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 ,states4 7,c7 ,scope of ,prosecutorial ,jurisdiction ,in defining the independent counsel's prosecutorial jurisdiction1 the division of the court shall assure that the independent counsel has adequate authority to fully investigate and prosecute covered violations4 ,such jurisdiction shall also include the authority to investigate and prosecute ,federal crimes1 other than those classified as ,class ,b or ,c misdemeanors or infractions1 that may arise out of the investigation or prosecution of the matter with respect to which the ,attorney ,general's request was made1 including perjury1 obstruction of justice1 destruction of evidence1 and intimidation of witnesses4 7,d7 ,disclosure of ,identity and ,prosecutorial ,jurisdiction ,an independent counsel's identity and prosecutorial jurisdiction 7including any expansion under paragraph 7#c77 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 justice4 ,in any event1 the identity and prosecutorial jurisdiction of such independent counsel shall be made public when any indictment is returned1 or any criminal information is filed1 pursuant to the independent counsel's investigation4 7#c7 ,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 section1 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 determination4 7#d7 ,vacancies ,if a vacancy in office arises by reason of the resignation1 death1 or removal of an independent counsel1 the division of the court shall appoint an independent counsel to complete the work of the independent counsel whose resignation1 death1 or removal caused the vacancy1 except that in the case of a vacancy arising by reason of the removal of an independent counsel1 the division of the court may appoint an acting independent counsel to serve until any judicial review of such removal is completed4 ,if the independent counsel is removed1 the division of the court shall report on such removal to the appropriate congressional committees not later than #c days thereafter4 7#e7 ,attorney's ,fees 7,a7 ,award of fees ,upon the request of an individual who is the subject of an investigation conducted by an independent counsel pursuant to this section1 the division of the court may1 if no indictment is brought against such individual pursuant to that investigation1 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 ,act4 ,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 paragraph4 7,b7 ,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 subsection1 addressing-- 7i7 the sufficiency of the documentation2 7ii7 the need or justification for the attorneys' fees2 7iii7 whether the attorneys' fees would have been incurred but for the requirements of this section2 and 7iv7 the reasonableness of the amount of money requested4 7#f7 ,disclosure of information ,the division of the court may1 subject to subsection 7d77#h77;,b71 allow the disclosure of any notification1 application1 or any other document1 material1 or memorandum supplied to the division of the court under this section4 7#g7 ,amicus curiae briefs ,when presented with significant legal issues1 the division of the court may disclose sufficient information about the issues to permit the filing of timely amicus curiae briefs4 7d7 ,authorities and duties of an independent counsel 7#a7 ,authorities ,notwithstanding any other provision of law1 an independent counsel appointed under this section shall have1 with respect to all matters in such independent counsel's prosecutorial jurisdiction established under this section1 full power and independent authority to exercise all investigative and prosecutorial functions and powers of the ,department of ,justice1 the ,attorney ,general1 and any other officer or employee of the ,department of ,justice1 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 #beaf of title #ah1 ,united ,states ,code4 ,such investigative and prosecutorial functions and powers shall include-- 7,a7 conducting proceedings before grand juries and other investigations2 7,b7 participating in court proceedings and engaging in any litigation1 including civil and criminal matters that such independent counsel considers necessary2 7,c7 appealing any decision of a court in any case or proceeding in which such independent counsel participates in an official capacity2 7,d7 reviewing all documentary evidence available from any source2 7,e7 determining whether to contest the assertion of any testimonial privilege2 7,f7 receiving appropriate national security clearances and1 if necessary1 contesting in court 7including1 where appropriate1 participating in camera proceedings7 any claim of privilege or attempt to withhold evidence on grounds of national security2 7,g7 making applications to any ,federal court for a grant of immunity to any witness1 consistent with applicable statutory requirements1 or for warrants1 subpoenas1 or other court orders1 and1 for purposes of sections #fjjc1 #fjjd1 and #fjje of title #ah1 ,united ,states ,code1 exercising the authority vested in a ,united ,states attorney or the ,attorney ,general2 7,h7 inspecting1 obtaining1 or using the original or a copy of any tax return1 in accordance with the applicable statutes and regulations1 and1 for purposes of section #fajc of the ,internal ,revenue ,code of #aihf and the regulations issued thereunder1 exercising the powers vested in a ,united ,states attorney or the ,attorney ,general2 7,i7 initiating and conducting prosecutions in any court of competent jurisdiction1 framing and signing indictments1 filing informations1 and handling all aspects of any case1 in the name of the ,united ,states2 and 7,j7 consulting with the ,united ,states attorney for the district in which any covered violation was alleged to have occurred4 7#b7 ,compensation 7,a7 ,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 #ecae of title #e1 ,united ,states ,code4 7,b7 ,travel expenses ,except as provided in subparagraph 7,c71 an independent counsel and persons appointed under paragraph 7#c7 shall be entitled to the payment of travel expenses as provided by subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 including travel1 per diem1 and subsistence expenses in accordance with section #egjc of such title #e4 7,c7 ,travel to primary office 7i7 ,in general ,after #a year of service under this section1 an independent counsel and persons appointed under paragraph 7#c7 shall not be entitled to the payment of travel1 per diem1 or subsistence expenses under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 for the purpose of commuting to or from the city in which the primary office of the independent counsel or person is located4 ,the #a-year period may be extended for successive #f-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 section4 7ii7 ,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 7#c71 the independent counsel and the division of the court shall consider1 among other relevant factors-- 7,i7 the cost to the ,government of reimbursing such travel and subsistence expenses2 7,,ii7 the period of time for which the independent counsel anticipates that the activities of the independent counsel or person1 as the case may be1 will continue2 7,,iii7 the personal and financial burdens on the independent counsel or person1 as the case may be1 of relocating so that such travel and subsistence expenses would not be incurred2 and 7,,iv7 the burdens associated with appointing a new independent counsel1 or appointing another person under paragraph 7#c71 to replace the individual involved who is unable or unwilling to so relocate4 7#c7 ,additional personnel ,for the purposes of carrying out the duties of an office of independent counsel1 such independent counsel may appoint1 fix the compensation1 and assign the duties of such employees as such independent counsel considers necessary 7including investigators1 attorneys1 and part-time consultants74 ,the positions of all such employees are exempted from the competitive service4 ,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 #edh and #eej1 but in no event shall any such employee be compensated at a rate greater than the rate of basic pay payable for level ,,es-#d of the ,senior ,executive ,service ,schedule under section #echb of title #e1 ,united ,states ,code1 as adjusted for the ,district of ,columbia under section #ecjd of that title regardless of the locality in which an employee is employed4 7#d7 ,assistance of ,department of ,justice 7,a7 ,in carrying out functions ,an independent counsel may request assistance from the ,department of ,justice in carrying out the functions of the independent counsel1 and the ,department of ,justice shall provide that assistance1 which may include access to any records1 files1 or other materials relevant to matters within such independent counsel's prosecutorial jurisdiction1 and the use of the resources and personnel necessary to perform such independent counsel's duties4 ,at the request of an independent counsel1 prosecutors1 administrative personnel1 and other employees of the ,department of ,justice may be detailed to the staff of the independent counsel4 7,b7 ,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 counsel4 ,the ,attorney ,general shall submit to the ,congress1 not later than #cj days after the end of each fiscal year1 a report on amounts paid during that fiscal year for expenses of investigations and prosecutions by independent counsel4 ,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 7c77#b77;,d74 7#e7 ,referral of other matters 7,a7 ,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 jurisdiction1 and the ,attorney ,general or the division of the court1 as the case may be1 may refer such matters4 ,if the ,attorney ,general refers a matter to an independent counsel on the ,attorney ,general's own initiative1 the independent counsel may accept such referral if the matter relates to the independent counsel's prosecutorial jurisdiction4 ,if the ,attorney ,general refers any matter to the independent counsel pursuant to the independent counsel's request1 or if the independent counsel accepts a referral made by the ,attorney ,general on the ,attorney ,general's own initiative1 the independent counsel shall so notify the division of the court4 7,b7 ,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 violation1 the independent counsel shall-- 7i7 refer the matter to the ,attorney ,general2 7ii7 refer the matter to any relevant state or local law enforcement official2 and 7iii7 not later than #g days after discovery of the violation1 submit a report to ,congress4 7#f7 ,compliance with policies of the ,department of ,justice 7,a7 ,in general ,an independent counsel shall1 except to the extent that to do so would be inconsistent with the purposes of this section1 comply with the written or other established policies of the ,department of ,justice respecting enforcement of the criminal laws4 ,to determine these policies and policies under paragraph 7#ab77;,a77ii71 the independent counsel shall1 except to the extent that doing so would be inconsistent with the purposes of this section1 consult with the ,department of ,justice4 7,b7 ,national security ,an independent counsel shall comply with guidelines and procedures used by the ,department in the handling and use of classified material4 7#g7 ,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 prosecution1 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 laws4 ,the independent counsel shall report1 not later than #c days thereafter1 on any such dismissal1 to the appropriate committees of ,congress4 7#h7 ,reports by independent counsel 7,a7 ,required reports ,an independent counsel shall-- 7i7 file with the division of the court1 with respect to the #f-month period beginning on the date of that counsel's appointment1 and with respect to each #f-month period thereafter until the office of that independent counsel terminates1 a report which identifies and explains major expenses1 and summarizes all other expenses1 incurred by that office during the #f-month period with respect to which the report is filed1 and estimates future expenses of that office2 and 7ii7 before the termination of the independent counsel's office under subsection 7f77#b71 file a final report with the division of the court1 setting forth fully and completely a description of the work of the independent counsel1 including the disposition of all cases brought4 7,b7 ,disclosure of information in reports ,the division of the court shall release to the ,congress1 and may release to the public1 or any appropriate person1 such portions of a report made under this paragraph as the division of the court considers appropriate4 ,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 prosecution4 ,the division of the court may make any portion of a final report filed under subparagraph 7,a77ii7 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 submit4 ,such comments and factual information1 in whole or in part1 may1 in the discretion of the division of the court1 be included as an appendix to such final report4 7,c7 ,publication of reports ,at the request of an independent counsel1 the ,director of the ,government ,publishing ,office shall cause to be printed any report previously released to the public under subparagraph 7,b74 ,the independent counsel shall certify the number of copies necessary for the public1 and the ,director of the ,government ,publishing ,office shall place the cost of the required number to the debit of such independent counsel4 ,additional copies shall be made available to the public through the depository library program and ,superintendent of ,documents sales program pursuant to sections #agjb and #aijc of title #dd1 ,united ,states ,code4 ,such report shall be considered to be publicly available if it is available to the public online in an electronic searchable format4 7#i7 ,independence from ,department of ,justice ,each independent counsel appointed under this section1 and the persons appointed by that independent counsel under paragraph 7#c71 are separate from and independent of the ,department of ,justice for purposes of sections #bjb through #bji of title #ah1 ,united ,states ,code4 7#aj7 ,standards of conduct applicable to independent counsel1 persons serving in the office of an independent counsel1 and their law firms 7,a7 ,restrictions on employment while independent counsel and appointees are serving 7i7 ,during the period in which an independent counsel is serving under this section1 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 section4 7ii7 ,during the period in which any person appointed by an independent counsel under paragraph 7#c7 is serving in the office of independent counsel1 such person may not represent in any matter any person involved in any investigation or prosecution under this section4 7,b7 ,post employment restrictions on independent counsel and appointees 7i7 ,each independent counsel and each person appointed by that independent counsel under paragraph 7#c7 may not1 for #c years following the termination of the service under this section of that independent counsel or appointed person1 as the case may be1 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 counsel4 7ii7 ,each independent counsel and each person appointed by that independent counsel under paragraph 7#c7 may not1 for #a year following the termination of the service under this section of that independent counsel or appointed person1 as the case may be1 represent any person in any matter involving any investigation or prosecution under this section4 7,c7 ,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 not1 for #a year following such termination1 represent any person in any matter involving any investigation or prosecution under this section4 7,d7 ,definitions ,for purposes of this paragraph-- 7i7 the term firm means a law firm whether organized as a partnership or corporation2 and 7ii7 a person is associated with a firm if that person is an officer1 director1 partner1 or other member or employee of that firm4 7,e7 ,enforcement ,the ,attorney ,general and the ,director of the ,office of ,government ,ethics have authority to enforce compliance with this paragraph4 7#aa7 ,custody of records of an independent counsel 7,a7 ,transfer of records ,upon termination of the office of an independent counsel1 that independent counsel shall transfer to the ,archivist of the ,united ,states all records which have been created or received by that office4 ,before this transfer1 the independent counsel shall clearly identify which of these records are subject to rule #f7;e7 of the ,federal ,rules of ,criminal ,procedure as grand jury materials and which of these records have been classified as national security information4 ,any records which were compiled by an independent counsel and1 upon termination of the independent counsel's office1 were stored with the division of the court or elsewhere before the date of enactment of this ,act1 shall also be transferred to the ,archivist of the ,united ,states by the division of the court or the person in possession of such records4 7,b7 ,maintenance1 use1 and disposal of records ,records transferred to the ,archivist under this section shall be maintained1 used1 and disposed of in accordance with chapters #ba1 #bi1 and #cc of title #dd1 ,united ,states ,code4 7,c7 ,access to records 7i7 ,in general ,subject to subparagraph 7,d71 access to the records transferred to the ,archivist under this section shall be governed by section #eeb of title #e1 ,united ,states ,code4 7ii7 ,access by ,department of ,justice ,the ,archivist shall1 upon written application by the ,attorney ,general1 disclose any such records to the ,department of ,justice for purposes of an ongoing law enforcement investigation or court proceeding1 except that1 in the case of grand jury materials1 such records shall be so disclosed only by order of the court of jurisdiction under rule #f7;e7 of the ,federal ,rules of ,criminal ,procedure4 7iii7 ,exception ,notwithstanding any restriction on access imposed by law1 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 section4 7,d7 ,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-- 7i7 shall be maintained as a separate body of records within the records of the independent counsel2 and 7ii7 shall1 after the records have been transferred to the ,archivist under this section1 be made available1 except as provided in subparagraph 7,c77ii7 and 7iii71 in accordance with the rules governing release of the records of the ,house of ,congress that provided the records to the independent counsel4 ,clause 7ii7 shall not apply to those records which have been surrendered pursuant to grand jury or court proceedings4 7#ab7 ,cost ,controls and ,administrative ,support 7,a7 ,cost ,controls 7i7 ,in general ,an independent counsel shall-- 7,i7 conduct all activities with due regard for expense2 7,,ii7 authorize only reasonable and lawful expenditures2 and 7,,iii7 promptly1 upon taking office1 assign to a specific employee the duty of certifying that expenditures of the independent counsel are reasonable and made in accordance with law4 7ii7 ,liability for invalid certification ,an employee making a certification under clause 7i77,,iii7 shall be liable for an invalid certification to the same extent as a certifying official certifying a voucher is liable under section #cebh of title #ca1 ,united ,states ,code4 7iii7 ,department of ,justice policies ,an independent counsel shall comply with the established policies of the ,department of ,justice respecting expenditures of funds1 except to the extent that compliance would be inconsistent with the purposes of this section4 7,b7 ,administrative support ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall provide administrative support and guidance to each independent counsel4 ,no officer or employee of the ,administrative ,office of the ,united ,states ,courts shall disclose information related to an independent counsel's expenditures1 personnel1 or administrative acts or arrangements without the authorization of the independent counsel4 7,c7 ,office space ,the ,administrator of ,general ,services1 in consultation with the ,director of the ,administrative ,office of the ,united ,states ,courts1 shall promptly provide appropriate office space for each independent counsel4 ,such office space shall be within a ,federal building unless the ,administrator of ,general ,services determines that other arrangements would cost less4 ,until such office space is provided1 the ,administrative ,office of the ,united ,states ,courts shall provide newly appointed independent counsels immediately upon appointment with appropriate1 temporary office space1 equipment1 and supplies4 7e7 ,congressional oversight 7#a7 ,oversight of conduct of independent counsel 7,a7 ,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 section1 and such independent counsel shall have the duty to cooperate with the exercise of such oversight jurisdiction4 7,b7 ,reports to ,congress ,an independent counsel appointed under this section shall submit to the ,congress annually a report on the activities of the independent counsel1 including a description of the progress of any investigation or prosecution conducted by the independent counsel4 ,such report may omit any matter that in the judgment of the independent counsel should be kept confidential1 but shall provide information adequate to justify the expenditures that the office of the independent counsel has made4 7#b7 ,oversight of conduct of ,attorney ,general ,within #ae days after receiving an inquiry about a particular case under this section1 which is a matter of public knowledge1 from a committee of the ,congress with jurisdiction over this section1 the ,attorney ,general shall provide the following information to that committee with respect to that case3 7,a7 ,when the information about the case was received4 7,b7 ,whether a preliminary investigation is being conducted1 and if so1 the date it began4 7,c7 ,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 court1 and if so1 the date of such filing4 7#c7 ,information relating to impeachment ,an independent counsel shall advise the ,house of ,representatives of any substantial and credible information which such independent counsel receives1 in carrying out the independent counsel's responsibilities under this section1 that may constitute grounds for an impeachment4 ,nothing in this section or section #di of title #bh1 ,united ,states ,code1 shall prevent the ,congress or either ,house thereof from obtaining information in the course of an impeachment proceeding4 7f7 ,removal of an independent counsel2 termination of office 7#a7 ,removal2 report on removal 7,a7 ,grounds for removal ,an independent counsel appointed under this section may be removed from office1 other than by impeachment and conviction1 only by the personal action of the ,attorney ,general and only for good cause1 physical or mental disability 7if not prohibited by law protecting persons from discrimination on the basis of such a disability71 or any other condition that substantially impairs the performance of such independent counsel's duties4 7,b7 ,report to division of the court and congress ,if an independent counsel is removed from office1 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 removal4 ,the committees shall make available to the public such report1 except that each committee may1 if necessary to protect the rights of any individual named in the report or to prevent undue interference with any pending prosecution1 postpone or refrain from publishing any or all of the report4 ,the division of the court may release any or all of such report in accordance with subsection 7d77#h77;,b74 7,c7 ,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 ,columbia4 ,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 action4 ,the independent counsel may be reinstated or granted other appropriate relief by order of the court4 7#b7 ,termination of office 7,a7 ,termination by action of independent counsel ,an office of independent counsel shall terminate when-- 7i7 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 7d77#e71 and any resulting prosecutions1 have been completed or so substantially completed that it would be appropriate for the ,department of ,justice to complete such investigations and prosecutions2 and 7ii7 the independent counsel files a final report in compliance with subsection 7d77#h77;,a77ii74 7,b7 ,termination by division of the court ,the division of the court1 either on its own motion or upon the request of the ,attorney ,general1 may terminate an office of independent counsel at any time1 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 7d77#e71 and any resulting prosecutions1 have been completed or so substantially completed that it would be appropriate for the ,department of ,justice to complete such investigations and prosecutions4 ,at the time of such termination1 the independent counsel shall file the final report required by subsection 7d77#h77;,a77ii74 ,if the ,attorney ,general has not made a request under this subparagraph1 the division of the court shall determine on its own motion whether termination is appropriate under this paragraph no later than #b years after the appointment of an independent counsel1 at the end of the succeeding #b-year period1 and thereafter at the end of each succeeding #a-year period4 7#c7 ,audits 7,a7 ,on or before ,june #cj of each year1 an independent counsel shall prepare a statement of expenditures for the #f months that ended on the immediately preceding ,march #ca4 ,on or before ,december #ca of each year1 an independent counsel shall prepare a statement of expenditures for the fiscal year that ended on the immediately preceding ,september #cj4 ,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 #ij days after the date on which the office is terminated4 7,b7 ,the ,comptroller ,general of the ,united ,states shall-- 7i7 conduct a financial review of a mid-year statement and a financial audit of a year-end statement and statement on termination2 and 7ii7 report the results to the ,committee on the ,judiciary1 ,committee on ,homeland ,security and ,governmental ,affairs1 and ,committee on ,appropriations of the ,senate and the ,committee on the ,judiciary1 ,committee on ,oversight and ,reform1 and ,committee on ,appropriations of the ,house of ,representatives not later than #ij days following the submission of each such statement4 7g7 ,relationship with ,department of ,justice 7#a7 ,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 7d77#e71 the ,department of ,justice1 the ,attorney ,general1 and all other officers and employees of the ,department of ,justice shall suspend all investigations and proceedings regarding such matter1 except to the extent required by subsection 7d77#d77;,a71 and except insofar as such independent counsel agrees in writing that such investigation or proceedings may be continued by the ,department of ,justice4 7#b7 ,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 proceeding4 7h7 ,severability ,if any provision of this section or the application thereof to any person or circumstance is held invalid1 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 invalidation4 7i7 ,termination of effect of section ,this section shall cease to be effective five years after the date of enactment of this ,act1 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 completed4 #c4 ,inspector ,general for the ,office of ,special ,counsel 7a7 ,establishment ,section #ab of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in paragraph 7#a71 by striking or the ,director of the ,national ,reconnaissance ,office and inserting the ,director of the ,national ,reconnaissance ,office2 or the ,special ,counsel2 and 7#b7 in paragraph 7#b71 by striking or the ,national ,reconnaissance ,office and inserting the ,national ,reconnaissance ,office1 or the ,office of ,special ,counsel4 7b7 ,appointment of ,inspector ,general ,not later than #abj days after the date of the enactment of this ,act1 the ,president shall appoint an individual as the ,inspector ,general of the ,office of ,special ,counsel in accordance with the requirements of section #c7;a7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app474 7c7 ,removal for cause only ,the ,inspector ,general of the ,office of ,special ,counsel may only be removed by the ,president for cause4 #d4 ,strengthening the ,hatch ,act 7a7 ,presentment of ,hatch ,act violations to ,,mspb ,section #abae of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking 7b7 ,in and inserting 7b77#a7 ,in2 and 7#b7 by adding at the end the following3 7#b7 ,paragraph 7#a7 shall not apply to any determination by the ,special ,counsel with respect to a violation of subchapter ,,iii of chapter #gc 7commonly referred to as the ,hatch ,act74 ,any complaint and statement referred to in subsection 7a77#a71 together with any response of the employee1 regarding such a violation shall be presented to the ,merit ,systems ,protection ,board in accordance with subsection 7a74 ,this paragraph applies notwithstanding any other provision of law governing the employment or compensation of employees or officials in the ,white ,house ,office4 4 7b7 ,disclosure of ,hatch ,act investigations for certain political employees ,section #abaf of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,with respect to any investigation of an allegation of prohibited activity under subsection 7a77#a7 against a political employee1 the ,special ,counsel shall publish1 on the ,office of ,special ,counsel's website1 the ,special ,counsel's final determination under such investigation with respect to whether a violation occurred4 ,in this subsection1 the term political employee means any individual occupying any of the following positions in the executive branch of ,government 7including an individual carrying out the duties of a position described in paragraph 7#a7 in an acting capacity73 7#a7 ,any position required to be filled by an appointment by the ,president by and with the advice and consent of the ,senate4 7#b7 ,any position in the executive branch of the ,government of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e1 ,code of ,federal ,regulations4 7#c7 ,any position in or under the ,executive ,office of the ,president4 4 7c7 ,clarification on candidates visiting ,federal property 7#a7 ,in general ,section #gcbc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,nothing in this section or section #gcbd 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 purpose1 including receiving briefings1 tours1 or other official information4 4 7#b7 ,technical and conforming amendments ,such section #gcbc is further amended-- 7,a7 in subsection 7a77#a71 by striking his and inserting the employee's2 and 7,b7 in subsection 7c7-- 7i7 by striking he and inserting the employee2 and 7ii7 by striking his and inserting the employee's4 7d7 ,elimination of exception for political appointees ,section #gcbd of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking 7a7 ,an employee and inserting ,an employee2 and 7#b7 by striking subsection 7b74 7e7 ,applying ,hatch ,act to ,president and ,vice ,president while on ,federal property 7#a7 ,in general ,subchapter ,,iii of chapter #gc of title #e1 ,united ,states ,code1 is amended by redesignating section #gcbf as section #gcbg and by inserting after section #gcbe the following3 #gcbf4 ,limitations on political activity of ,president and ,vice ,president while on ,federal property ,notwithstanding section #gcbb7a71 the prohibitions on political activity under section #gcbc7;a7 and section #gcbd shall apply to the ,president and ,vice ,president while the ,president and ,vice ,president are on ,federal property4 ,in this section1 the term ,federal property includes any vehicle1 building1 or land owned or leased by the ,federal ,government1 including the ,white ,house and ,white ,house grounds 7including the ,executive ,residence and the ,rose ,garden74 4 7#b7 ,clerical amendment ,the table of sections of such subchapter is amended by striking the item relating to section #gcbf and inserting the following3 #gcbf4 ,limitations on political activity of ,president and ,vice ,president while on ,federal property4#gcbg4 ,penalties4 4 7f7 ,criminal penalty 7#a7 ,in general ,subchapter ,,iii of chapter #gc of title #e1 ,united ,states ,code1 as amended by subsection 7e77#a71 is further amended by adding after section #gcbg the following3 #gcbh4 ,criminal penalty for ,hatch ,act violations 7a7 ,in general ,any person who knowingly violates section #gcbc or #gcbd shall be fined #e1jjj 7notwithstanding section #cega7;e7 of title #ah71 or imprisoned for not more than #e years1 or both4 ,notwithstanding section #cega7;e7 of title #ah1 for each violation after the first1 the fine applicable under this section shall be double the amount of the fine assessed for the previous violation4 7b7 ,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 established1 by a preponderance of the evidence1 that a superior ordered or otherwise coerced the employee into taking any act that resulted in a violation of such section #gcbc or #gcbd4 4 7#b7 ,clerical amendment ,the table of sections of such subchapter1 as amended by subsection 7e77#b71 is further amended by inserting after the item relating to section #gcbg the following3 #gcbh4 ,criminal penalty for ,hatch ,act violations4 4 7#c7 ,training ,after an individual's first violation of section #gcbc or #gcbd of title #e1 ,united ,states ,code1 such individual shall be provided training by the employing agency on how to avoid subsequent violations of either such section4 #e4 ,,gao review of reimbursable political events ,not later than #fj days after the date of enactment of this ,act1 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 #a1 #aiig1 and ending on the date of enactment of this ,act4 ,such report shall include the following3 7#a7 ,whether1 during such period1 the requirements in annual appropriations ,acts with respect to reimbursable political events have been followed1 including the requirements under the heading ,executive ,residence ,at the ,white ,house--,reimbursable ,expenses in division ,d of ,public ,law #aaf-f4 7#b7 ,an assessment of what constitutes a political event during such period4 7#c7 ,whether an event that was not classified as a political event during such period should have been classified as such an event4 7#d7 ,a review of any payment made by a political entity under the terms of such requirements4 7#e7 ,recommendations for ,congress on-- 7,a7 a definition for the term political event2 and 7,b7 how to assess whether administrations are following such requirements and how to hold administrations accountable if such requirements are not followed4