[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3005 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3005

            To establish an Independent Counsel Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 4, 1999

 Mr. Campbell introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
            To establish an Independent Counsel Commission.

    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 Commission 
Act''.

SEC. 2. INDEPENDENT COUNSEL COMMISSION.

    (a) Establishment.--
            (1) Membership.--There is established a commission to be 
        known as the Independent Counsel Commission (hereinafter in 
        this Act referred to as the ``Commission''). The Commission 
        shall be composed of 5 members appointed as follows:
                    (A) One member shall be appointed by the Speaker of 
                the House of Representatives.
                    (B) One member shall be appointed by the Minority 
                Leader of the House of Representatives.
                    (C) One member shall be appointed by the Majority 
                Leader of the Senate.
                    (D) One member shall be appointed by the Minority 
                Leader of the Senate.
                    (E) One member shall be an individual appointed by 
                a majority of the other 4 members.
            (2) Member qualification.--Members shall be chosen on the 
        basis of their experience, integrity, impartiality, and good 
        judgment and members shall be individuals who, at the time 
        appointed to the Commission, are not elected or appointed 
        officers or employees in the executive, legislative, or 
        judicial branch of the Federal Government. During a period in 
        which a member of the Commission is serving on the Commission, 
        that member may not represent in any matter any person involved 
        in any investigation of the Commission.
            (3) Terms.--Members of the Commission shall serve for a 
        single term of 6 years, except that of the members first 
        appointed--
                    (A) 2 of the members, randomly selected, shall be 
                appointed for terms of 2 years; and
                    (B) 2 of the members, randomly selected, shall be 
                appointed for terms of 4 years.
            (4) Vacancies.--
                    (A) Service.--A member of the Commission may serve 
                on the Commission after the expiration of the member's 
                term until the succeeding member has taken office as a 
                member of the Commission. An individual appointed to 
                fill a vacancy occurring other than by the expiration 
                of a term of office shall be appointed only for the 
                unexpired term of the member the appointed member 
                succeeds.
                    (B) Vacancy filling.--Any vacancy occurring in the 
                membership of the Commission shall be filled in the 
                same manner as in the case of the original appointment.
            (5) Compensation.--Members of the Commission shall, for 
        time spent engaged in the business of the Commission, receive 
        compensation equivalent to the compensation paid at level IV of 
        the Executive Schedule (section 5315 of title 5, United States 
        Code).
            (6) Chairman and vice chairman.--The Commission shall elect 
        a chairman and a vice chairman from among its members for a 
        term of one year. A member may serve as chairman only once 
        during any term of office to which such member is appointed. 
        The vice chairman shall act as chairman in the absence or 
        disability of the chairman or in the event of a vacancy in such 
        office.
    (b) Voting Requirements; Delegation of Authorities.--All decisions 
of the Commission with respect to the exercise of its duties and powers 
under the provisions of this Act shall be made by a majority vote of 
the members of the Commission. A member of the Commission may not 
delegate to any person the member's vote or any decision making 
authority or duty vested in the Commission by this Act.
    (c) Rules for Conduct of Activities; Judicial Notice of Seal; 
Principal Office.--The Commission shall prepare written rules for the 
conduct of its activities, shall have an official seal which shall be 
judicially noticed, and shall have its principal office in or near the 
District of Columbia (but it may meet or exercise any of its powers 
anywhere in the United States).
    (d) Staff.--
            (1) In general.--The Commission shall have a staff director 
        and a general counsel who shall be appointed by the Commission. 
        The staff director shall be paid at a rate not to exceed the 
        rate of basic pay in effect for level IV of the Executive 
        Schedule (5 U.S.C. 5315). The general counsel shall be paid at 
        a rate not to exceed the rate of basic pay in effect for level 
        V of the Executive Schedule (5 U.S.C. 5316). With the approval 
        of the Commission, the staff director may appoint and fix the 
        pay of such additional personnel as the staff director 
        considers desirable without regard to the provisions of title 
        5, United States Code, governing appointments in the 
        competitive service.
            (2) Intermittent services.--With the approval of the 
        Commission, the staff director may procure temporary and 
        intermittent services to the same extent as is authorized by 
        section 3109(b) of title 5, United States Code, but at rates 
        for individuals not to exceed the daily equivalent of the 
        annual rate of basic pay in effect for grade GS-15 of the 
        General Schedule (5 U.S.C. 5332).
    (e) Services and Facilities of Other Agencies.--
            (1) In general.--In carrying out its responsibilities under 
        this Act, the Commission shall, to the fullest extent 
        practicable, avail itself of the assistance, including 
        personnel and facilities of other agencies and departments of 
        the United States. The heads of such agencies and departments 
        may make available to the Commission such personnel, 
        facilities, and other assistance, with or without 
        reimbursement, as the Commission may request.
            (2) Administrative support.--The Director of the 
        Administrative Office of the United States Courts shall provide 
        administrative support and guidance to the Commission. No 
        officer or employee of the Administrative Office of the United 
        States Courts shall disclose information related to the 
        Commission's expenditures, personnel, or administrative acts or 
        arrangements without the authorization of the Commission.
            (3) Office space.--The Administrator of General Services, 
        in consultation with the Director of the Administrative Office 
        of the United States Courts, shall promptly provide appropriate 
        office space for the Commission. Such office space shall be 
        within a Federal building unless the Administrator of General 
        Services determines that other arrangements would cost less. 
        Until such office space is provided, the Administrative Office 
        of the United States Courts shall provide the Commission with 
        appropriate, temporary office space, equipment, and supplies.
    (f) Meetings.--During the pendency of any investigation, the 
Commission shall meet at least once each month and also at the call of 
any member.

SEC. 3. DUTIES OF COMMISSION.

    (a) Preliminary Investigation With Respect to Certain Covered 
Persons.--The Commission shall conduct a preliminary investigation in 
accordance with section 4 whenever the Commission receives information 
sufficient to constitute grounds to investigate whether any person 
described in subsection (b) may have violated any Federal criminal law 
other than a violation classified as a Class B or C misdemeanor or an 
infraction. Such information shall be information sent to the 
Commission in a letter signed by at least 100 members of the House of 
Representatives or 20 members of the Senate.
    (b) Persons to Whom Subsection (a) Applies.--The persons referred 
to in subsection (a) are--
            (1) the President and Vice President;
            (2) any individual serving in a position listed in section 
        5312 of title 5, United States Code;
            (3) any individual working in the Executive Office of the 
        President who is compensated at a rate of pay at or above level 
        II of the Executive Schedule under section 5313 of title 5, 
        United States Code;
            (4) any Assistant Attorney General and any individual 
        working in the Department of Justice who is compensated at a 
        rate of pay at or above level III of the Executive Schedule 
        under section 5314 of title 5, United States Code;
            (5) the Director of Central Intelligence, the Deputy 
        Director of Central Intelligence, and the Commissioner of 
        Internal Revenue;
            (6) the chairman and treasurer of the principal national 
        campaign committee seeking the election or reelection of the 
        President, and any officer of that committee exercising 
        authority at the national level, during the incumbency of the 
        President; and
            (7) any individual who held an office or position described 
        in paragraph (1), (2), (3), (4), or (5) for 1 year after 
        leaving the office or position.
    (c) Preliminary Investigation With Respect to Other Persons.--
            (1) In general.--When the Commission determines that an 
        investigation or prosecution of a person by the Department of 
        Justice may result in a personal, financial, or political 
        conflict of interest, the Commission may conduct a preliminary 
        investigation of such person in accordance with section 592 if 
        the Commission receives information sufficient to constitute 
        grounds to investigate whether that person may have violated 
        Federal criminal law other than a violation classified as a 
        Class B or C misdemeanor or an infraction.
            (2) Members of congress.--When the Commission determines 
        that it would be in the public interest, the Commission may 
        conduct a preliminary investigation in accordance with section 
        4 if the Commission receives information sufficient to 
        constitute grounds to investigate whether a Member of Congress 
        may have violated any Federal criminal law other than a 
        violation classified as a Class B or C misdemeanor or an 
        infraction.
    (d) Examination of Information To Determine Need for Preliminary 
Investigation.--
            (1) Factors to be considered.--In determining under 
        subsection (a) or (c) (or section 4(b) whether grounds to 
        investigate exist, the Commission shall consider only--
                    (A) the specificity of the information received; 
                and
                    (B) the credibility of the source of the 
                information.
            (2) Time period for making determination.--The Commission 
        shall determine whether grounds to investigate exist not later 
        than 30 days after the information is first received. If within 
        that 30-day period the Commission determines that the 
        information is not specific or is not from a credible source, 
        then the Commission shall close the matter. If within that 30-
        day period the Commission determines that the information is 
        specific and from a credible source, the Commission shall, upon 
        making that determination, commence a preliminary investigation 
        with respect to that information. If the Commission is unable 
        to determine, within that 30-day period, whether the 
        information is specific and from a credible source, the 
        Commission shall, at the end of that 30-day period, commence a 
        preliminary investigation with respect to that information.

SEC. 4. PRELIMINARY INVESTIGATION.

    (a) Conduct of Preliminary Investigation.--
            (1) In general.--A preliminary investigation conducted 
        under this section shall be of such matters as the Commission 
        considers appropriate in order to make a determination on 
        whether further investigation is warranted, with respect to 
each potential violation, or allegation of a violation, of criminal 
law. The Commission shall make such determination not later than 90 
days after the preliminary investigation is commenced, except that, in 
the case of a preliminary investigation commenced after a congressional 
request under subsection (d), the Commission shall make such 
determination not later than 90 days after the request is received.
            (2) Limited authority of commission.--
                    (A) In conducting preliminary investigations.--In 
                conducting preliminary investigations under this 
                section, the Commission shall have no authority to 
                convene grand juries, plea bargain, grant immunity, or 
                issue subpoenas.
                    (B) Basis of commission determination.--The 
                Commission shall not base a determination under this 
                section that information with respect to a violation of 
                criminal law by a person is not specific and from a 
                credible source, or that there are no reasonable 
                grounds to believe that further investigation is 
                warranted, upon a determination that such person lacked 
                the state of mind required for the violation of 
                criminal law.
            (3) Extension of time for preliminary investigation.--The 
        Commission may extend a preliminary investigation for a period 
        of not more than 60 days, of the 90-day period referred to in 
        paragraph (1).
    (b) Determination That Further Investigation Is Warranted.--If, 
after extending the time for preliminary investigation under subsection 
(a)(3), the Commission receives additional information sufficient to 
constitute grounds to investigate the matters to which such extension 
related, the Commission shall--
            (1) conduct such additional preliminary investigation as 
        the Commission considers appropriate for a period of not more 
        than 90 days after the date on which such additional 
        information is received; and
            (2) otherwise comply with the provisions of this section 
        with respect to such additional preliminary investigation to 
        the same extent as any other preliminary investigation under 
        this section.
    (c) Disclosure of Information.--Except as otherwise provided in 
this section or upon lawful subpoena for law enforcement purposes, no 
officer or employee of the Commission may disclose to any individual 
outside the Commission any notification, application, or any other 
document, materials, or memorandum supplied to the Commission under 
this section.

SEC. 5. INVESTIGATION.

    Upon completion of any preliminary investigation made with respect 
to a matter before the Commission under subsection (a) or (c) of 
section 3, the Commission may conduct a succeeding investigation to 
determine if a violation of a Federal criminal law has occurred. Such 
investigation may not extend beyond 6 months from the date the matter 
was first brought to the Commission under such subsection unless, upon 
application by the Commission for an extension, the House of 
Representatives and the Senate adopt a concurrent resolution 
authorizing the Commission to extend the period of the investigation.

SEC. 6. AUTHORITIES.

    (a) In General.--The Commission shall have, with respect to all 
matters in the Commission's investigative jurisdiction established 
under this Act, full power and independent authority to exercise all 
investigative functions and powers of the Department of Justice, the 
Attorney General, and any other officer or employee of the Department 
of Justice, except that the Attorney General shall exercise direction 
or control as to those matters that specifically require the Attorney 
General's personal action under section 2516 of title 18. Such 
investigative functions and powers shall include--
            (1) requiring by special or general orders, any person to 
        submit, under oath, such written reports and answers to 
        questions as the Commission may prescribe;
            (2) administering oaths or affirmations;
            (3) requiring by subpoena approved by a vote of the 
        Commission, the attendance and testimony of witnesses and the 
        production of all documentary evidence relating to the 
        execution of its duties;
            (4) in any proceeding or investigation, ordering testimony 
        to be taken by deposition before any person who is designated 
        by the Commission and has the power to administer oaths and, in 
        such instances, compelling testimony and the production of 
        evidence in the same manner as authorized under paragraph (3);
            (5) paying witnesses the same fees and mileages as are paid 
        in like circumstances in the courts of the United States;
            (6) developing such prescribed forms and making, amending, 
        and repealing such rules, pursuant to the provisions of chapter 
        5 of title 5, United States Code, as are necessary to carry out 
        the provisions of this Act and chapter 95 and chapter 96 of the 
Internal Revenue Code of 1986; and
            (7) conducting investigations and hearings expeditiously, 
        to encourage voluntary compliance, and reporting apparent 
        violations to the appropriate law enforcement authorities.
            (8) reviewing all documentary evidence available from any 
        source;
            (9) determining whether to contest the assertion of any 
        testimonial privilege;
            (10) receiving appropriate national security clearances 
        and, if necessary, contesting in court (including, where 
        appropriate, participating in camera proceedings) any claim of 
        privilege or attempt to withhold evidence on grounds of 
        national security;
            (11) making applications to any Federal court for a grant 
        of immunity to any witness, consistent with applicable 
        statutory requirements, or for warrants, subpoenas, or other 
        court orders, and, for purposes of sections 6003, 6004, and 
        6005 of title 18, exercising the authority vested in a United 
        States attorney or the Attorney General; and
            (12) inspecting, obtaining, or using the original or a copy 
        of any tax return, in accordance with the applicable statutes 
        and regulations, and, for purposes of section 6103 of the 
        Internal Revenue Code of 1986 and the regulations issued 
        thereunder, exercising the powers vested in a United States 
        attorney or the Attorney General;
    (b) Judicial Orders for Compliance With Subpoenas and Orders of 
Commission; Contempt of Court.--Upon petition by the Commission, any 
United States district court within the jurisdiction of which any 
inquiry is being carried on may, in case of refusal to obey a subpoena 
or order of the Commission issued under subsection (a), issue an order 
requiring compliance. Any failure to obey the order of the court may be 
punished by the court as a contempt thereof.
    (c) Assistance of Department of Justice.--The Commission may 
request assistance from the Department of Justice in carrying out the 
functions of the Commission, and the Department of Justice shall 
provide that assistance, which may include access to any records, 
files, or other materials relevant to matters within such Commission's 
jurisdiction, and the use of the resources and personnel necessary to 
perform the Commission's duties. At the request of the Commission 
administrative personnel and other employees of the Department of 
Justice may be detailed to the staff of the Commission.
    (d) National Security.--The Commission shall comply with guidelines 
and procedures used by the Department of Justice in the handling and 
use of classified material.
    (e) Custody of Records of the Commission.--
            (1) Transfer of records.--Upon termination of an 
        investigation of the Commission, the Commission shall transfer 
        to the Archivist of the United States all records which have 
        been created or received by the Commission. Before this 
        transfer, the Commission shall clearly identify which of these 
        records are subject to rule 6(e) of the Federal Rules of 
        Criminal Procedure as grand jury materials and which of these 
        records have been classified as national security information.
            (2) Maintenance, use, and disposal of records.--Records 
        transferred to the Archivist under paragraph (1) shall be 
        maintained, used, and disposed of in accordance with chapters 
        21, 29, and 33 of title 44.
            (3) Access to records.--
                    (A) In general.--Subject to paragraph (4), access 
                to the records transferred to the Archivist under 
                paragraph (1) shall be governed by section 552 of title 
                5, United States Code.
                    (B) Access by department of justice.--The Archivist 
                shall, upon written application by the Attorney 
                General, disclose any such records to the Department of 
                Justice for purposes of an ongoing law enforcement 
                investigation or court proceeding, except that, in the 
                case of grand jury materials, such records shall be so 
                disclosed only by order of the court of jurisdiction 
                under rule 6(e) of the Federal Rules of Criminal 
                Procedure.
                    (C) Exception.--Notwithstanding any restriction on 
                access imposed by law, the Archivist and persons 
                employed by the National Archives and Records 
                Administration who are engaged in the performance of 
                normal archival work shall be permitted access to the 
                records transferred to the Archivist under paragraph 
                (1).
            (4) Records provided by congress.--Records of an 
        investigation conducted by a committee of the House of 
        Representatives or the Senate which are provided to the 
        Commission to assist in an investigation conducted by the 
        Commission--
                    (A) shall be maintained as a separate body of 
                records within the records of the Commission: and
                    (B) shall, after the records have been transferred 
                to the Archivist under paragraph (1), be made 
                available, except as provided in subparagraphs (B) and 
                (C) of paragraph (3), in accordance with the rules 
                governing release of the records of the House of 
                Congress that provided the records to the Commission.
    (f) Cost Controls.--
            (1) Cost controls.--The Commission shall--
                    (A) conduct all activities with due regard for 
                expense;
                    (B) authorize only reasonable and lawful 
                expenditures; and
                    (C) promptly assign to a specific employee the duty 
                of certifying that expenditures of the Commission are 
                reasonable and made in accordance with law.
            (2) Department of justice policies.--The Commission shall 
        comply with the established policies of the Department of 
        Justice respecting expenditures of funds, except to the extent 
        that compliance would be inconsistent with the purposes of this 
        Act.
    (g) Civil Liability for Disclosure of Information.--No person shall 
be subject to civil liability to any person (other than the Commission 
or the United States) for disclosing information at the request of the 
Commission.

SEC. 7. REPORT OF THE COMMISSION.

    (a) In General.--Upon completion of an investigation under section 
5, the Commission shall make a report of the investigation to the 
Congress which is a comprehensive statement of its scope and extent and 
the findings made with respect to the criminal liability of the subject 
of the investigation.
    (b) Publication.--The Public Printer shall cause to be printed any 
such report. Additional copies shall be made available to the public 
through the depository library program and Superintendent of Documents 
sales program pursuant to sections 1702 and 1903 of title 44.

SEC. 8. CONSTRUCTION.

    (a) Construction.--Nothing in this Act shall be construed to limit, 
restrict, or diminish any investigatory, informational, oversight, 
supervisory, or disciplinary authority or function of the Congress or 
any committee of the Congress.
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