Bill Summary
The Investigate the Investigators Act of 2019 is a bill that requires the Department of Justice's Inspector General to oversee investigations of certain political officials to ensure that they are not influenced by political pressure or motives. This includes providing notice of any investigation to the Inspector General and conducting an ongoing oversight investigation. The bill also requires the Attorney General to notify certain individuals, including the President, Speaker of the House, and Senate Majority Leader, when an investigation begins and submit a report on the findings of the oversight investigation. The bill also mandates a review of previous investigations of political officials to determine if they were influenced by political pressure or motives. This bill applies to investigations that occurred between June 16, 2015 and March 22, 2019.
Possible Impacts
1. Potential political candidates may be hesitant to run for office if they fear being investigated by the Department of Justice and having their personal lives and actions scrutinized.
2. The release of confidential information from the investigation to the public could damage the reputation and credibility of the individuals involved, even if they are found innocent.
3. The lengthy process of overseeing and reviewing investigations could potentially delay or hinder the Department of Justice's ability to effectively conduct its duties and responsibilities.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3028 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3028
To require the Inspector General for the Department of Justice to
conduct oversight of investigations of certain political officials, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 28, 2019
Mr. Byrne introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the Inspector General for the Department of Justice to
conduct oversight of investigations of certain political officials, 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 ``Investigate the Investigators Act of
2019''.
SEC. 2. OVERSIGHT OF CRIMINAL INVESTIGATIONS OF CERTAIN INDIVIDUALS.
(a) Attorney General Notice of Investigation.--In the case that a
covered party is a subject of an investigation conducted by the
Department of Justice, the Attorney General shall provide to the
Inspector General for the Department of Justice a notice of such
investigation not later than 5 days after such investigation commences.
(b) Inspector General Oversight.--
(1) In general.--The Inspector General for the Department
of Justice shall immediately commence an oversight
investigation of the investigation described in subsection (a)
to ensure that--
(A) the decision to investigate the conduct of the
covered party was not influenced by political pressures
or politically motivated objectives;
(B) the conduct of the investigation is not
influenced by the political beliefs or motives of any
person engaged in the investigation or the superiors of
such individuals;
(C) evidence used in the investigation is obtained
by lawful means and not tainted by political sources or
motives; and
(D) warrants sought in the investigation are
supported by probable cause and in compliance with all
applicable law.
(2) Duration.--The oversight investigation shall be ongoing
and continue at least until the investigation described in
subsection (a) has been closed.
(3) Access to materials.--Notwithstanding any other
provision of law, the Attorney General shall make available to
the Inspector General for the Department of Justice any
materials that are relevant to the investigation described in
subsection (a). The Inspector General, in consultation with the
Attorney General, shall ensure appropriate procedures to
safeguard any intelligence and counterintelligence materials or
other materials the disclosure of which would constitute a
threat to national security.
(4) Rule of construction.--For the purpose of carrying out
this subsection, section 8E(a)(1)(A) of the Inspector General
Act of 1978 (5 U.S.C. App.) shall not apply.
(c) Inspector General Notice of Investigation and Report.--
(1) Notice of investigation.--
(A) In general.--Upon opening of the investigation
described in subsection (b), the Inspector General
shall notify each of the following individuals that an
oversight investigation subject to this Act has
commenced and that a report will be issued at the
conclusion of the Investigation pursuant to this Act:
(i) The President of the United States.
(ii) The Speaker of the House of
Representatives.
(iii) The Minority Leader of the House of
Representatives.
(iv) The Senate Majority Leader.
(v) The Senate Minority Leader.
(B) Exception.--Notwithstanding subparagraph (A),
the Inspector General for the Department of Justice may
decline to submit notice or any other information to an
individual described in clauses (i), (ii), (iii), (iv),
and (v) of such subparagraph if--
(i) the individual is a subject of the
investigation described in subsection (a); and
(ii) the Inspector General determines that
submitting a copy to the individual would
compromise the investigation.
(2) Report.--
(A) In general.--Not later than 90 days after the
conclusion of the investigation described in subsection
(b), the Inspector General for the Department of
Justice shall submit to the Attorney General and each
individual described in clauses (i), (ii), (iii), (iv),
and (v) of paragraph (1)(A) a report on the Inspector
General's findings with respect to the oversight
investigation contained in subsection (b).
(B) Immediate report on flagrant or serious
issues.--During the course of the investigation, if the
Attorney General fails within 30 days to remedy a
serious or flagrant issue raised by the Inspector
General, the Inspector General shall make an immediate
report to the individuals described in clauses (i),
(ii), (iii), (iv), and (v) of paragraph (1)(A) with
respect to the serious or flagrant issue.
(C) Confidentiality.--
(i) An individual receiving a report under
subparagraph (A) or (B) may not make available
to the public or otherwise disclose the
contents of the report to any individual other
than the Attorney General or an individual
described in clauses (i), (ii), (iii), (iv),
and (v) of paragraph (1)(A), except in the case
that the individual receiving the report
certifies to the Attorney General that it is
his or her belief that disclosure is necessary
to uphold the Constitution or maintain the
integrity of the political system of the United
States.
(ii) An individual who knowingly and
willfully violates clause (i) shall be punished
as if under section 798 of title 18, United
States Code.
(D) Release by the attorney general.--The Attorney
General may release the report after making a
determination that public release of the report would
be in the public interest, to the extent that release
would comply with applicable legal restrictions. All
other releases of information by any Department of
Justice employee, including the Office of General
Inspector staff, shall be governed by the applicable
Departmental guidelines concerning public comment with
respect to any criminal investigation, and relevant
law.
(d) Covered Party Defined.--In this Act, the term ``covered party''
means--
(1) the President;
(2) the Vice President;
(3) a Senator;
(4) a Member of Congress; or
(5) a candidate for an office described in paragraph (1),
(2), (3), or (4) or the campaign of such candidate.
SEC. 3. OVERSIGHT OF PREVIOUS INVESTIGATIONS OF CERTAIN INDIVIDUALS.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, in the case that a Presidential candidate or his or her
campaign was the subject of an investigation during the period
described in subsection (d), the Attorney General shall review the
investigation to determine whether--
(1) the decision to investigate the conduct of the covered
party was influenced by political pressures or politically
motivated objectives;
(2) the conduct of the investigation was influenced by the
political beliefs or motives of any person engaged in the
investigation or the superiors of such individuals;
(3) evidence used in the investigation was obtained by
lawful means and not tainted by political sources or motives;
and
(4) warrants obtained or sought in the investigation were
supported by probable cause and were in compliance with all
applicable law.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Attorney General shall make available to the public a
report on the result of the review under subsection (a) after any
necessary redactions to comply with applicable legal restrictions.
(c) Applicable Period.--This section shall apply with respect to
any investigation that commenced during the period beginning on June
16, 2015 and ending on March 22, 2019.
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