[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6508 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6508
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
July 16, 2008
Mr. Miller of North Carolina (for himself, Mr. Conyers, Mr. Nadler, Ms.
Linda T. Sanchez of California, and Mr. Price of North Carolina)
introduced the following bill; which was referred to the Committee 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Criminal Contempt of
Congress Procedures Act of 2008''.
SEC. 2. ALTERNATE PROCEDURE.
(a) Scope of Application.--If the House of Representatives finds an
officer or employee of the Executive 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 conflict that would prevent redress to
an affront to the authority of the House through presentment or
prosecution by the Department of Justice;
(2) the Attorney General informs the Special Division of
the Court that the Department of Justice will not present the
matter to a grand jury for any other reason; or
(3) by the end of the 30th day after the date of receipt of
a certification under subsection (b) the Attorney General has
not presented the matter to a grand jury;
the Special Division of the Court shall appoint a special advocate
under section 3.
SEC. 3. APPOINTMENT, QUALIFICATIONS, AND PROSECUTORIAL JURISDICTION OF
SPECIAL ADVOCATE, AND ADMINISTRATIVE MATTERS RELATING TO
THE SPECIAL ADVOCATE.
(a) Appointment, Qualifications, and Prosecutorial Jurisdiction of
Special Advocate.--
(1) Appointment and qualifications.--The Special Division
of the Court shall appoint the special advocate, who must be an
attorney in good standing with substantial 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 Special Division of
the Court shall define the special advocate's prosecutorial
jurisdiction as comprising the investigation and prosecution of
the alleged violation and any perjury, false statement, and any
obstruction of justice occurring during and in relation to such
investigation and prosecution.
(b) Authority of Special Advocate With Respect to Matters Within
Prosecutorial Jurisdiction.--With respect to all matters in that
special advocate's prosecutorial jurisdiction, a special advocate
appointed under this Act shall have full power and independent
authority to exercise all prosecutorial functions and powers, and any
other functions and powers normally ancillary thereto, of the
Department of Justice, the Attorney General, and any other officer or
employee of the Department of Justice, except that the Attorney General
shall exercise direction or control as to those matters that
specifically require the Attorney General's personal action under
section 2516 of title 18, United States Code.
(c) Salary.--The special advocate shall receive a salary 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.
(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 during that fiscal year for expenses of investigations and
prosecutions 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 description of the progress of any
investigation or prosecution conducted by the special advocate and
provide information 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 Appeals for the District of Columbia, to be
the Special Division 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 District of Columbia Circuit.--The Special
Division of 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 division from a particular court.
SEC. 5. REMOVAL OF SPECIAL ADVOCATE.
(a) In General.--A special advocate may be removed from office,
other than by impeachment and conviction, only by the personal action
of the Attorney General, and only for good cause, physical or mental
disability, 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 promptly submit to the Special
Division of the Court and the Congress a report specifying the facts
found and the ultimate grounds for the removal.
(c) Judicial Review of Removal.--A special advocate 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
determine any such civil action or any appeal of a decision in any such
civil action. The special advocate may be reinstated or granted other
appropriate relief by order of the court.
SEC. 6. TERMINATION OF SPECIAL ADVOCATE'S AUTHORITY.
(a) In General.--The authority of the special advocate shall cease
two years after the date of the special advocates 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 special advocate to participate in any
appellate proceedings related to prosecutions engaged in by the special
advocate.
(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 substantially
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.
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