[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 892 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 892

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 1995

 Mr. Dickey (for himself, Mr. Shays, Mr. Inglis of South Carolina, and 
 Mr. Bonilla) 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 1995''.

SEC. 2. EXTENSION.

    Section 599 of title 28, United States Code, is amended by striking 
``Reauthorization Act of 1994'' and inserting ``Accountability and 
Reform Act of 1995''.

SEC. 3. 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. 4. 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. 5. AUTHORITIES AND DUTIES OF INDEPENDENT COUNSEL.

    (a) Office Space.--Section 594(l)(3) of title 28, United States 
Code, is amended to read as follows:
            ``(3) 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.--
            (1) Amendments.--Section 594(f) of title 28, United States 
        Code, is amended--
                    (A) by striking ``, except where not possible,'' 
                and inserting ``at all times''; and
                    (B) by striking ``enforcement of the criminal 
                laws'' and inserting ``the enforcement of criminal laws 
                and the release of information relating to criminal 
                proceedings''.
            (2) Prior amendments.--The amendments made to section 
        594(f) of title 28, United States Code, by section 3(e) of the 
        Independent Counsel Reauthorization Act of 1994 are repealed.
    (c) Limitation on Expenditures.--Section 594 of title 28, United 
States Code, as amended by subsection (a) is amended by adding at the 
end the following:
    ``(n) 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. 6. 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) Monthly Expenditures.--
            (1) Amendment.--Section 596(c) of title 28, United States 
        Code, is amended by adding at the end the following:
    ``(3) On or before the end of each month, an independent counsel 
shall report to the committees listed in paragraph (2)(B) the amount 
expended in the previous month.''.
            (2) Effective date.--The amendment made by paragraph (1), 
        shall take effect at the end of the 1st month beginning after 
        the date of the enactment of this Act.
    (d) 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. 7. 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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