[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3464 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3464

To amend title 28 of the United States Code to revise the authority of 
            the independent counsel, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 1998

  Mr. Wexler (for himself, Mrs. Clayton, Mr. Yates, and Mr. Thompson) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 28 of the United States Code to revise the authority of 
            the independent counsel, 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 AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Independent 
Counsel Limited Powers Act''.
    (b) Reference.--Whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the title 28, United States Code.

SEC. 2. SUBPOENA AUTHORITY FOR ATTORNEY GENERAL.

    Section 592(a)(2) is amended by striking ``plea bargain, grant 
immunity, or issue subpoenas'' and inserting ``plea bargain, or grant 
immunity''.

SEC. 3. AUTHORITY OF THE INDEPENDENT COUNSEL.

    (a) Persons Subject to Investigation.--Section 591(b) is amended by 
striking paragraphs (4) through (7).
    (b) Crimes Subject to Investigation.--Section 591(a) is amended by 
striking ``may have violated any Federal criminal law other than a 
violation classified as a Class B or C misdemeanor or an infraction'' 
and inserting ``may, while in the office described in subsection (b), 
have violated any Federal criminal law (other than a violation 
classified as a Class B or C misdemeanor or an infraction) which 
involves an abuse of official power or improper influencing of 
executive, legislative, or electoral decisions''.

SEC. 4. AUTHORITY TO APPLY FOR APPOINTMENT OF INDEPENDENT COUNSEL.

    Section 592(c) is amended--
            (1) by amending the fist sentence to read as follows: ``The 
        Attorney General shall apply to the division of the court for 
        the appointment of an independent counsel if the Attorney 
        General, upon completion of a preliminary investigation under 
        subsection (a) determines that there are substantial grounds to 
        believe that further investigation is warranted.''; and
            (2) in the second sentence, by striking ``reasonable 
        grounds'' and inserting ``substantial grounds''.

SEC. 5. JURISDICTION OF INDEPENDENT COUNSEL.

    (a) Scope.--Section 593(b)(3) is amended by striking ``all matters 
related to that subject matter'' and inserting ``all matters directly 
related to that subject matter''.
    (b) Expansion.--Section 593 is amended by striking subsection (c).

SEC. 6. TERM.

    Section 593(b) is amended by adding at the end the following:
    ``(5) Term.--The division of the court shall appoint an independent 
counsel for a term of 2 years. Such term may be extended by the 
division of the court if there has been an indictment or if the 
independent counsel shows the division, in a closed session, that the 
evidence already developed is serious enough to justify further 
inquiry, or if there is evidence of purposefully dilatory tactics on 
the part of the subject of the investigation.''.

SEC. 7. EMPLOYMENT OF INDEPENDENT COUNSEL.

    (a) Compensation.--Section 594(b)(1) is amended by striking 
``compensation at the per diem rate equal to the annual rate'' and 
inserting ``compensation at the annual rate''.
    (b) Tenure.--Section 594(j)(1)(A) is amended to read as follows: 
``(A) During the period in which an independent counsel is serving 
under this chapter, the independent counsel shall have no other 
employment.''.
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