[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1284 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1284

 To amend title 28, United States Code, to reauthorize and modify the 
              provisions relating to independent counsel.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 1993

  Mr. Gekas (for himself and Mr. Hyde) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28, United States Code, to reauthorize and modify the 
              provisions relating to independent counsel.

    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 ``Independent Counsel Act of 1993''.

SEC. 2. EXTENSION.

    Section 599 of title 28, United States Code, is amended by striking 
``five years'' and inserting ``eleven years''.

SEC. 3. APPLICATION TO MEMBERS OF CONGRESS.

    Section 591(b) of title 28, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) any Senator, or any Representative in, or Delegate or 
        Resident Commissioner to, the Congress, or any person who has 
        served as a Senator or such a Representative, Delegate, or 
        Resident Commissioner within the 2-year period before the 
        receipt of the information under subsection (a) with respect to 
        conduct that occurred while such person was a Senator or such a 
        Representative, Delegate, or Resident Commissioner.''.

SEC. 4. PERIODIC REAPPOINTMENT OF INDEPENDENT COUNSEL.

    Section 596 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(d) Periodic Reappointment of Independent Counsel.--If an office 
of independent counsel has not terminated before--
            ``(1) the date two years after the original appointment to 
        that office; or
            ``(2) the end of each succeeding 2-year period;
such counsel shall apply to the division of the court for 
reappointment. The court shall first determine whether the office of 
that independent counsel should be terminated under subsection (b)(2). 
If the court determines that such office will not be terminated under 
such subsection, the court shall reappoint the applicant if the court 
determines such applicant remains the appropriate person to carry out 
the duties of the office. If not, the court shall appoint some other 
person whom it considers qualified under the standards set forth in 
section 593 of this title. If the court has not taken the actions 
required by this subsection within 90 days after the end of the 
applicable 2-year period, then that office of independent counsel shall 
terminate at the end of that 90-day period.''.

SEC. 5. PERIODIC REPORTS.

    Section 595(a)(2) of title 28, United States Code, is amended by 
striking ``such statements'' and all that follows through 
``appropriate'' and inserting ``annually a report on the activities of 
such independent counsel, including a description of the progress of 
any investigation or prosecution conducted by such independent counsel. 
Such report need not contain any matter that in the judgment of the 
independent counsel should be kept confidential, but shall provide 
information adequate to justify the expenditures which the office of 
that independent counsel has made, and indicate in general terms the 
state of the work of the independent counsel''.

SEC. 6. EFFECT OF TERMINATION OF CHAPTER.

    Section 599 of title 28, United States Code, is amended by 
inserting ``, or until 120 days have elapsed, whichever is earlier'' 
after ``completed''.

SEC. 7. SUBPOENA POWER.

    Section 592(a)(2) of title 28, United States Code, is amended by 
striking ``grant immunity, or issue subpoenas'' and inserting ``or 
grant immunity, but may issue subpoenas duces tecum''.

SEC. 8. CONGRESSIONAL REQUESTS.

    Section 592(g)(2) of title 28, United States Code, is amended in 
the first sentence--
            (1) by inserting after ``request under paragraph (1)'' the 
        following: ``with respect to possible violations of law 
        described in section 591(a) by any person described in section 
        591(b)''; and
            (2) by striking ``subsection (a) or (c) of section 591, as 
        the case may be'' and inserting ``section 591(a)''.

SEC. 9. ATTORNEY'S FEES.

    Section 593(f)(1) of title 28, United States Code, is amended--
            (1) by striking ``, if no indictment is brought against 
        such individual pursuant to that investigation,''; and
            (2) by striking ``during that investigation''.

SEC. 10. INDEPENDENT COUNSEL PER DIEM EXPENSES.

    Section 594(b) of title 28, United States Code, is amended to read 
as follows:
    ``(b) Compensation.--
            ``(1) In general.--Except as provided in paragraph (2), an 
        independent counsel appointed under this chapter 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 5315 of title 5.
            ``(2) Travel and lodging in washington.--An independent 
        counsel and persons appointed under subsection (c) shall not be 
        entitled to the payment of travel and subsistence expenses 
        under subchapter 1 of chapter 57 of title 5, with respect to 
        duties performed in the District of Columbia after 1 year of 
        service under this chapter.''.

SEC. 11. RESTRICTIONS ON STAFF.

    Section 594(c) of title 28, United States Code, is amended--
            (1) by inserting after ``competitive service.'' the 
        following: ``Such employees shall be paid salaries at levels 
        not to exceed those paid for comparable positions in the office 
        of United States Attorney for the District of Columbia under 
        sections 548 and 550 of this title.''; and
            (2) by adding at the end the following: ``To the greatest 
        extent possible, an independent counsel shall use personnel of 
        the Department of Justice, in lieu of appointing employees, to 
        carry out the duties of the office of such independent counsel. 
        Not more than $500,000 may be expended in any 1-year period to 
        compensate employees appointed by an independent counsel or 
        detailed to the office of such independent counsel under this 
        subsection, except to the extent that an appropriations Act 
        specifically makes available additional funds for such 
        purpose.''.

SEC. 12. COMPLIANCE WITH POLICIES OF THE DEPARTMENT OF JUSTICE.

    Section 594(f) of title 28, United States Code, is amended--
            (1) by striking ``shall, except where not possible, 
        comply'' and inserting ``shall, except where inconsistent with 
        the purposes of this chapter, comply''; and
            (2) by inserting after ``criminal laws'' the following ``, 
        and with respect to expenditures of funds by the Department''.

SEC. 13. ETHICS ENFORCEMENT.

    Section 594(j) of title 28, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(5) Enforcement.--The Department of Justice and the 
        Office of Government Ethics have authority to enforce 
        compliance with this subsection.''.

SEC. 14. RESTRICTION ON EXPENDITURES.

    Section 594 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(l) Limitation on Expenditures.--No funds may be expended for the 
operation of any office of independent counsel after the end of the 2-
year period after its establishment, except to the extent that an 
appropriations Act enacted after such establishment specifically makes 
available funds for such office for use after the end of that 2-year 
period.''.

SEC. 15. ADMINISTRATIVE AND COST CONTROLS.

    Section 594 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(m) Administrative and Cost Controls.--
            ``(1) Administrative controls.--The Director of the 
        Administrative Office of the United States Courts shall provide 
        administrative support and guidance to each independent 
        counsel. The Administrator of General Services, in consultation 
        with the Director of the Administrative Office, shall promptly 
        provide appropriate office space within a Federal building for 
        each independent counsel.
            ``(2) Cost controls.--An independent counsel shall--
                    ``(A) conduct all activities with due regard for 
                expense;
                    ``(B) authorize only reasonable expenditures; and
                    ``(C) promptly upon taking office, assign to a 
                specific employee the duty to ensure expenditures are 
                made in accordance with the principles set forth in 
                subparagraphs (A) and (C).''.

SEC. 16. GAO REPORT.

    The Comptroller General of the United States shall submit to the 
Congress, not later than 1 year after the date of the enactment of this 
Act, a report setting forth recommendations of ways to improve controls 
on costs of offices of independent counsel under chapter 40 of title 
28, United States Code.

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