Special Criminal Contempt of Congress Procedures Act of 2009 - Establishes alternate procedures for the prosecution of current or former officers or employees of the executive branch found in contempt of Congress for refusal to testify or produce documents in response to a congressional subpoena.
Requires the Speaker of the House of Representatives to certify a finding of contempt of Congress to the appropriate U.S. attorney for presentation to a grand jury. Requires the Chief Judge of a U.S. district court to appoint a special counsel to prosecute any contempt case certified by the Speaker if the Attorney General or U.S. attorney to whom a finding of contempt was certified declines to prosecute or a grand jury does not return an indictment within a specified time period. Requires such special counsel to be an attorney in good standing with substantial prosecutorial experience who did not serve in the administration of a President in office when a finding of contempt was certified. Grants full power and independent authority to the special counsel to exercise all prosecutorial functions and powers.
Sets forth provisions for the removal of the special counsel and the termination of the special counsel's authority.
Increases the penalty for refusal of witnesses to testify or produce papers in response to a congressional subpoena.
Makes this Act effective on January 20, 2009.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 277 Introduced in House (IH)]
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
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 2009''.
SEC. 2. ALTERNATE PROCEDURE.
(a) Scope of Application.--If the House of Representatives finds a
current or 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.
(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 Justice 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 certification 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. 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 without the
return of an indictment.
SEC. 3. APPOINTMENT, QUALIFICATIONS, AND PROSECUTORIAL JURISDICTION OF
SPECIAL COUNSEL, AND ADMINISTRATIVE MATTERS RELATING TO
THE SPECIAL COUNSEL.
(a) Appointment, Qualifications, and Prosecutorial 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 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 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.
(b) Authority of Special Counsel With Respect to Matters Within
Prosecutorial Jurisdiction.--With respect to all matters in that
special counsel's prosecutorial jurisdiction, a special counsel
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) Compliance With Policies of the Department of Justice.--
(1) In general.--A special counsel shall, except to the
extent that to do so would be inconsistent with the purposes of
this Act, comply with the written or other established policies
of the Department 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.
(d) Salary.--The special counsel shall receive a salary 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 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 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 description of the progress of any
investigation or prosecution conducted by the special counsel and
provide information 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, 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 promptly 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 removal 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 counsel shall cease
two years after the date of the special counsel's appointment, but the
Chief Judge may extend that authority for an additional period not to
exceed one year, if the Chief Judge finds good cause to do so. Good
cause to do so includes that the investigation or prosecution
undertaken by the special counsel 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 counsel to participate in any appellate proceedings related
to prosecutions engaged in by the special counsel.
(b) Termination by Court.--The Chief Judge, either 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 CONGRESS.
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 inserting ``fined not more than $1,000,000 or
imprisoned not more than 2 years, or both''.
SEC. 7. EFFECTIVE DATE.
This Act takes effect on January 20, 2009.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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