118 HR 9884 IH: Investigative Integrity Protection Act of 2024 U.S. House of Representatives 2024-09-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 9884IN THE HOUSE OF REPRESENTATIVESSeptember 27, 2024Mr. Schiff (for himself, Ms. Norton, Mr. Cohen, Mr. Nickel, Ms. Tokuda, Mr. Cleaver, Ms. Schakowsky, and Mrs. Ramirez) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 28, United States Code, to preclude a President from controlling the conduct of an investigation into the President by the Department of Justice.

1.

Short title

This Act may be cited as the Investigative Integrity Protection Act of 2024.

2.

Presidential oversight of Attorney General

(a)

In general

Chapter 31 of title 28, United States Code, is amended by adding at the end the following:

530E.

Presidential oversight of Attorney General

(a)

Certification

In the case of any criminal prosecution against the President, irrespective of when the prosecution was initiated, if the government seeks dismissal of such prosecution, the court shall require the Attorney General to submit a sworn statement under penalty of perjury attesting as to whether the dismissal was ordered by the President or anyone acting pursuant to the direction of the President.(b)

Considerations

(1)

In general

The court shall only grant the dismissal if deemed appropriate and in the interest of justice after having duly considered the circumstances of the case and—(A)the sworn statement required by subsection (a);(B)any evidence in the record or ex curia, which shall be reflected in the order of the court, to support an inference that the decision to seek dismissal of the prosecution is motivated by bad faith or is a pretext to enable the President to act outside of the legal and constitutional authority of the Presidency; and(C)any other factors the court deems appropriate.(2)

Evidentiary considerations

Evidence considered under subsection (b)(1)(B) may include—(A)whether the dismissal was suggested, encouraged, requested, or ordered by the President; or(B)whether the Attorney General was, in the opinion of the court, appointed in whole or in part for his willingness to dismiss the prosecution at bar or any criminal prosecution against the President.(c)

Three-Judge court

Any action seeking dismissal shall be heard by a three-judge court convened pursuant to section 2284.(d)

Sanctions

If the court, in making a determination under subsection (b), additionally determines that the motion to dismiss was made without good cause, the court may impose sanctions as appropriate.(e)

Inspector General responsibilities

The Inspector General of the Department of Justice, upon having a good faith basis to conclude that a motion to dismiss a prosecution against the President was brought at the direction of the President, or anyone acting pursuant to the direction of the President, shall immediately report such findings to Congress.

.(b)

Clerical amendment

The table of sections for such chapter is amended by adding at the end the following: 530E. Presidential oversight of Attorney General..