[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3545 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3545

To reauthorize the independent counsel statute, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 1993

Mr. Hyde (for himself, Mr. Michel, Mr. Gingrich, Mr. Armey, Mr. Hunter, 
Mr. McCollum, Mr. DeLay, Mr. Paxon, Mr. Fish, Mr. Moorhead, Mr. Gekas, 
 and Mr. Livingston) introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To reauthorize the independent counsel statute, 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 ``Independent Counsel Accountability 
and Reform Act of 1993''.

SEC. 2. EXTENSION.

    Section 599 of title 28, United States Code, is amended by striking 
``Reauthorization Act of 1987'' and inserting ``Act of 1993''.

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. BASIS FOR PRELIMINARY INVESTIGATION.

    (a) Initial Receipt of Information.--Section 591 of title 28, 
United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``information'' and inserting 
                ``specific information from a credible source that 
                is''; and
                    (B) by striking ``may have'' and inserting ``has'';
            (2) in subsection (c)(1)--
                    (A) by striking ``information'' and inserting 
                ``specific information from a credible source that 
                is''; and
                    (B) by striking ``may have'' and inserting ``has''; 
                and
            (3) by amending subsection (d) to read as follows:
    ``(d) Time Period for Determining Need for Preliminary 
Investigation.--The Attorney General shall determine, under subsection 
(a) or (c) (or section 592(c)(2)), whether grounds to investigate exist 
not later than 15 days after the information is first received. If 
within that 15-day period the Attorney General determines that there is 
insufficient evidence of a violation of Federal criminal law referred 
to in subsection (a), then the Attorney General shall close the matter. 
If within that 15-day period the Attorney General determines there is 
sufficient evidence of such a violation, the Attorney General shall, 
upon making that determination, commence a preliminary investigation 
with respect to that information. If the Attorney General is unable to 
determine, within that 15-day period, whether there is sufficient 
evidence of such a violation, the Attorney General shall, at the end of 
that 15-day period, commence a preliminary investigation with respect 
to that information.''.
    (b) Receipt of Additional Information.--Section 592(c)(2) of title 
28, United States Code, is amended by striking ``information'' and 
inserting ``specific information from a credible source that is''.

SEC. 5. 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. 6. PROSECUTORIAL JURISDICTION OF INDEPENDENT COUNSEL.

    (a) Prosecutorial Jurisdiction.--Section 593(b) of title 28, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``define'' and inserting ``, with 
                specificity, define''; and
                    (B) by adding at the end the following: ``Such 
                jurisdiction shall be limited to the alleged violations 
                of criminal law with respect to which the Attorney 
                General has requested the appointment of the 
                independent counsel, and matters directly related to 
                such criminal violations.''; and
            (2) by amending paragraph (3) to read as follows:
            ``(3) Scope of prosecutorial jurisdiction.--In defining the 
        independent counsel's prosecutorial jurisdiction, the division 
        of the court shall assure that the independent counsel has 
        adequate authority to fully investigate and prosecute the 
        alleged violations of criminal law with respect to which the 
        Attorney General has requested the appointment of the 
        independent counsel, and matters directly related to such 
        criminal violations, including perjury, obstruction of justice, 
        destruction of evidence, and intimidation of witnesses.''.
    (b) Conforming Amendment.--Section 592(d) of title 28, United 
States Code, is amended by striking ``subject matter and all matters 
related to that subject matter'' and inserting ``the alleged violations 
of criminal law with respect to which the application is made, and 
matters directly related to such criminal violations''.

SEC. 7. USE OF STATE AND LOCAL PROSECUTORS; STAFF OF INDEPENDENT 
              COUNSEL.

    (a) Prosecutors As Independent Counsel.--Section 593(b)(1) of title 
28, United States Code, as amended by section 7 of this Act, is further 
amended by adding at the end the following: ``The division of the court 
should strongly consider exercising the authority of section 3372 of 
title 5 so that it may appoint as independent counsel prosecutors from 
State or local governments, and the division of the court may exercise 
the authorities of such section 3372 for such purpose to the same 
extent as the head of a Federal agency.''.
    (b) Staff of Independent Counsel.--Section 594(c) of title 28, 
United States Code, is amended by striking the last sentence and 
inserting the following: ``Not more than 2 such employees may be 
compensated at a rate not to exceed the rate of basic pay payable for 
level V of the Executive schedule under section 5316 of title 5, and 
all other such employees shall be compensated at rates not to exceed 
the maximum rate of basic pay payable for GS-15 of the General Schedule 
under section 5332 of title 5. The independent counsel should, to the 
greatest extent possible, use personnel of the Department of Justice, 
on a reimbursable basis, in lieu of appointing employees, to carry out 
the duties of such independent counsel. The independent counsel should 
also strongly consider exercising the authority of section 3372 of 
title 5 so that he or she may appoint as employees under this 
subsection prosecutors of State or local governments. In order to carry 
out the preceding sentence, each independent counsel shall, for 
purposes of such section 3372, be considered to be the head of a 
Federal agency.''.

SEC. 8. ATTORNEYS' FEES.

    Section 593(f)(1) of title 28, United States Code, is amended in 
the first sentence--
            (1) by striking ``the court may'' and inserting ``the court 
        shall'';
            (2) by inserting after ``pursuant to that investigation,'' 
        the following: ``if such individual is acquitted of all 
        charges, or no conviction is obtained against such individual, 
        at a trial brought pursuant to that investigation, or if the 
        conviction of such individual at such a trial is overturned on 
        appeal,''; and
            (3) by inserting ``, trial, and appeal (if any)'' after 
        ``during that investigation''.

SEC. 9. TREATMENT OF CLASSIFIED INFORMATION.

    Section 594(a) of title 28, United States Code, is amended by 
adding at the end the following:
``An independent counsel appointed under this chapter who gains access 
to classified information shall follow all procedures established by 
the United States Government regarding the maintenance, use, and 
disclosure of such information. The failure to follow such procedures 
shall be grounds for removal for good cause under section 596(a)(1), in 
addition to any penalty provided in section 798 of title 18 or any 
other law that may apply.''.

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. AUTHORITIES AND DUTIES OF INDEPENDENT COUNSEL.

    (a) Administrative Support.--Section 594 of title 28, United States 
Code, is amended by adding at the end the following new subsection:
    ``(l) Administrative Services.--
            ``(1) Administrative support.--The Administrator of General 
        Services shall provide administrative support to each 
        independent counsel.
            ``(2) Office space.--The Administrator of General Services 
        shall promptly provide appropriate office space for each 
        independent counsel. Such office space shall be within a 
        Federal building unless the Administrator of General Services 
        determines that other arrangements would cost less.''.
    (b) Compliance With Policies of the Department of Justice.--Section 
594(f) of title 28, United States Code, is amended--
            (1) by striking ``, except where not possible,'' and 
        inserting ``at all times''; and
            (2) by striking ``enforcement of the criminal laws'' and 
        inserting ``the enforcement of criminal laws and the release of 
        information relating to criminal proceedings''.
    (c) Limitation on Expenditures.--Section 594 of title 28, United 
States Code, is amended by adding at the end the following:
    ``(m) 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. 12. 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 information which would--
                    ``(A) compromise or undermine the confidentiality 
                of an ongoing investigation under this chapter,
                    ``(B) adversely affect the outcome of any 
                prosecution under this chapter, or
                    ``(C) violate the personal privacy of any 
                individual,
        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. 13. REMOVAL, TERMINATION, AND PERIODIC REAPPOINTMENT OF 
              INDEPENDENT COUNSEL.

    (a) Grounds for Removal.--Section 596(a)(1) of title 28, United 
States Code, is amended by adding at the end the following: ``Failure 
of the independent counsel to comply with the established policies of 
the Department of Justice as required by section 594(f) or to comply 
with section 594(j) may be grounds for removing that independent 
counsel from office for good cause under this subsection.''.
    (b) Termination.--Section 596(b)(2) of title 28, United States 
Code, is amended to read as follows:
            ``(2) Termination by division of the court.--The division 
        of the court may terminate an office of independent counsel at 
        any time--
                    ``(A) on its own motion,
                    ``(B) upon the request of the Attorney General, or
                    ``(C) upon the petition of the subject of an 
                investigation conducted by such independent counsel, if 
                the petition is made more than 2 years after the 
                appointment of such independent counsel,
        on the ground that the investigation conducted by the 
        independent counsel has been completed or substantially 
        completed and that it would be appropriate for the Department 
        of Justice to complete such investigation or to conduct any 
        prosecution brought pursuant to such investigation, or on the 
        ground that continuation of the investigation or prosecution 
        conducted by the independent counsel is not in the public 
        interest.''.
    (c) Periodic Reappointment.--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 that is 2 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 that 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. 14. JOB PROTECTIONS FOR INDIVIDUALS UNDER INVESTIGATION.

    (a) In General.--Section 597 of title 28, United States Code, is 
amended--
            (1) by amending the section caption to read as follows:
``Sec. 597. Relationship with Department of Justice; job protection for 
              individuals under investigation''; and
            (2) by adding at the end the following:
    ``(c) Job Protection for Individuals Under Investigation.--
            ``(1) Prohibited personnel practice.--It shall be a 
        prohibited personnel practice for an employee of the United 
        States Government who has authority to take, direct others to 
        take, recommend, or approve any personnel action (as defined in 
        section 2302(a)(2)(A) of title 5) with respect to an individual 
        described in paragraph (2) who is the subject of an 
        investigation or prosecution under this chapter, to take or 
        fail to take, or threaten to take or fail to take, such a 
        personnel action with respect to such individual, on account of 
        such investigation or prosecution.
            ``(2) Applicability.--The individuals referred to in 
        paragraph (1) are individuals other than--
                    ``(A) any person described in section 591(a); and
                    ``(B) any employee of the Federal Government whose 
                position is excepted from the competitive service on 
                the basis of its confidential, policy-determining, 
                policy-making, or policy-advocating character.
            ``(3) Exemption.--Paragraph (1) does not apply in the case 
        of an individual who is convicted of a criminal offense 
        pursuant to an investigation or prosecution described in 
        paragraph (1), unless such conviction is overturned on appeal.
            ``(4) Remedies.--An individual with respect to whom a 
        prohibited personnel practice applies under paragraph (1) may 
        seek corrective action from the Merit Systems Protection Board 
        to the same extent as an employee may seek corrective action 
        under section 1221 of title 5 (including subsection (h) of such 
        section), except that, for purposes of such section, any 
        reference to section 2302(b)(8) of title 5 shall be deemed to 
        refer to paragraph (1) of this subsection, and any reference to 
        a disclosure under such section 2302(b)(8) shall be deemed to 
        refer to an investigation or prosecution described in paragraph 
        (1) of this subsection.''.
    (b) Conforming Amendment.--The item relating to section 597 in the 
table of sections at the beginning of chapter 40 of title 28, United 
States Code, is amended to read as follows:

``597. Relationship with Department of Justice; job protection for 
                            individuals under investigation.''.

SEC. 15. 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. 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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