[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 139 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 139

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

 Mr. Dickey (for himself, Mr. Duncan, Mr. Hefley, Mr. Inglis of South 
  Carolina, Mr. King, Mr. Norwood, Mr. Shays, and Mr. Taylor of North 
  Carolina) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To reform 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 1997''.

SEC. 2. BASIS FOR INVESTIGATION.

    (a) Preliminary Investigation.--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''; 
                and
            (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''.
    (b) Further Investigation.--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. 3. 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. 4. AUTHORITY OF ATTORNEY GENERAL.

    Section 592(a)(2) of title 28, United States Code, is amended by 
striking subparagraph (B), by striking ``(A)'', and by running the text 
of subparagraph (A) into the paragraph heading.

SEC. 5. 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. 6. ATTORNEYS' FEES.

    Section 593(f) of title 28, United States Code, is amended--
            (1) in the first sentence of paragraph (1)--
                    (A) by striking ``the court may'' and inserting 
                ``the court shall'';
                    (B) 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
                    (C) by inserting ``, trial, and appeal (if any)'' 
                after ``during that investigation''; and
            (2) by striking paragraph (2) and striking ``(1) Award of 
        fees.--'' and running the matter in paragraph (1) into the 
        subsection heading.

SEC. 7. ADMINISTRATIVE SUPPORT.

    (a) Administrator of General Services.--Section 594(l)(2) of title 
28, United States Code, is amended--
            (1) by striking ``Director of the Administrative Office of 
        the United States Courts'' and inserting ``Administrator of 
        General Services''; and
            (2) by striking ``Administrative Office of the United 
        States Courts'' and inserting ``General Services 
        Administration''.
    (b) 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.''.

SEC. 8. AUTHORITIES AND DUTIES OF INDEPENDENT COUNSEL.

    (a) Compliance With Policies of the Department of Justice.--Section 
594(f) of title 28, United States Code, is amended by striking 
``enforcement of the criminal laws'' and inserting ``the enforcement of 
criminal laws and the release of information relating to criminal 
proceedings''.
    (b) 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. 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. OUTSIDE LEGAL WORK.

    Section 594(j)(1) of title 28, United States Code, is amended by 
inserting before the period the following: ``and any such independent 
counsel may not during such period engage in any legal work which is 
additional to the legal work the counsel is engaged in as such a 
counsel''.

SEC. 11. ELIMINATION OF REPORTS.

    (a) Section 594.--Section 594(h) of title 28, United States Code, 
is amended--
            (1) by striking subparagraph (B) of paragraph (1), by 
        striking the dash, and by striking ``(A)'' and running the text 
        of subparagraph (A) after ``shall'';
            (2) by striking everything after the first sentence in 
        paragraph (2); and
            (3) by striking paragraph (3).
    (b) Section 595.--Section 595(a) of title 28, United States Code, 
is amended--
            (1) by striking paragraph (2); and
            (2) by striking the heading for paragraph (1) and running 
        the text of such paragraph into the heading for subsection (a).
    (c) Section 596.--Section 596(b) of title 28, United States Code, 
is amended--
            (1) in paragraph (1), by striking subparagraph (B) of 
        paragraph (1), by striking the dash, and by striking ``(A)'' 
        and running the text of subparagraph (A) after ``when''; and
            (2) in paragraph (2), by striking the second sentence.

SEC. 12. 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--
                    ``(A) the established policies of the Department of 
                Justice as required by section 594(f), and
                    ``(B) 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, or
                    ``(B) upon the request of the Attorney General,
        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) Quarterly 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 March 31, June 30, September 30, and 
December 31 of each year, an independent counsel shall report to the 
committees listed in paragraph (2)(B) the aggregate amount expended in 
the previous quarter. The requirement to report such amount shall not 
be construed to require a disclosure of the investigation for which 
such amount was expended.''.
            (2) Effective date.--The amendment made by paragraph (1), 
        shall take effect at the end of the 1st quarter 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. 13. EFFECTIVE DATE.

    The amendments made by this Act shall not apply with respect to any 
investigation which is pending, before an independent counsel appointed 
under chapter 40 of title 28, United States Code, on the date of 
enactment of this Act.
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