[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 581 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 581

   To amend section 49 of title 28, United States Code, to limit the 
periods of service that a judge or justice may serve on the division of 
  the United States Court of Appeals for the District of Columbia to 
         appoint independent counsels, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 15, 1997

    Mr. Durbin (for himself, and Mr. Leahy, Mrs. Feinstein, and Mr. 
  Torricelli) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend section 49 of title 28, United States Code, to limit the 
periods of service that a judge or justice may serve on the division of 
  the United States Court of Appeals for the District of Columbia to 
         appoint independent counsels, 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. LIMITATION ON PERIODS OF SERVICE THAT A JUDGE MAY SERVE ON 
              THE DIVISION TO APPOINT INDEPENDENT COUNSELS.

    (a) Limitation on Service.--
            (1) In general.--Section 49 of title 28, United States 
        Code, is amended by adding at the end the following:
    ``(g)(1) Notwithstanding subsections (a) through (f) and subject to 
paragraphs (2) and (3) of this subsection, no judge or justice may 
serve more than 2 two-year periods assigned to the division to appoint 
independent counsels under this section.
    ``(2) For purposes of paragraph (1), service in filling a vacancy 
on the division of--
            ``(A) less than 1 year shall not apply; and
            ``(B) 1 year or more shall be considered service for the 
        full two-year period.
    ``(3) A judge of the United States Court of Appeals for the 
District of Columbia who has served 2 two-year periods on the division 
may be assigned to serve an additional two-year period, if--
            ``(A) every other judge of such Court otherwise eligible 
        for such assignment has served 2 two-year periods in such 
        assignment; and
            ``(B) the period of time since such judge last served in 
        such assignment is not less than the period of time any other 
        judge of such Court (who is otherwise eligible to serve) last 
        served in such assignment.''.
            (2) Effective date.--The amendments made by this subsection 
        shall take effect on the date of enactment of this Act and 
        shall apply to any judge or justice serving on such date on the 
        division to appoint independent counsels of the United States 
        Court of Appeals for the District of Columbia.
    (b) Administration of Division by the Circuit Judicial Council.--
            (1) In general.--Section 332 of title 28, United States 
        Code (including subsection (d) of such section relating to 
        making all necessary and appropriate orders for the effective 
        and expeditious administration of justice), shall apply with 
        respect to the administration of the division of the United 
        States Court of Appeals for the District of Columbia to appoint 
        independent counsels by the Circuit Judicial Council for the 
        District of Columbia.
            (2) Rules.--No later than 6 months after the date of 
        enactment of this Act, the Circuit Judicial Council for the 
        District of Columbia shall promulgate rules to--
                    (A) govern practice and procedures before the 
                division to appoint independent counsels;
                    (B) govern the procedure for the appointment of an 
                independent counsel by the division;
                    (C) clarify procedures for judicial appellate 
                review of actions of the division; and
                    (D) catalog and preserve independent counsel 
                reports and make public versions available upon 
                request.
                                 <all>