[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1427 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 228
106th CONGRESS
  1st Session
                                S. 1427

   To authorize the Attorney General to appoint a special counsel to 
investigate or prosecute a person for a possible violation of criminal 
  law when the Attorney General determines that the appointment of a 
               special counsel is in the public interest.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 1999

 Mr. Thompson introduced the following bill; which was read the first 
                                  time

                             July 26, 1999

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
   To authorize the Attorney General to appoint a special counsel to 
investigate or prosecute a person for a possible violation of criminal 
  law when the Attorney General determines that the appointment of a 
               special counsel is in the public interest.

    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 ``Special Counsel Act of 1999''.

SEC. 2. SPECIAL COUNSEL.

    (a) In General.--Part II of title 28, United States Code, is 
amended by striking chapter 40 and inserting the following:

                     ``CHAPTER 40--SPECIAL COUNSEL

``Sec.
``591. Special counsel.
``592. Jurisdiction.
``593. Regulations.
``Sec. 591. Special counsel
    ``The Attorney General may appoint a special counsel who is not an 
officer or employee of the Federal Government to conduct the 
investigation or prosecution of a person for a possible violation of 
criminal law when the Attorney General determines that the appointment 
of a special counsel is in the public interest only in accordance with 
this chapter.
``Sec. 592. Jurisdiction
    ``(a) In General.--The Attorney General shall determine the special 
counsel's investigative and prosecutorial jurisdiction under this 
chapter.
    ``(b) Judicial Review.--The determination of jurisdiction by the 
Attorney General under subsection (a) shall not be subject to judicial 
review.
``Sec. 593. Regulations
    ``(a) In General.--
            ``(1) Promulgation.--
                    ``(A) In general.--Subject to approval by Congress 
                as provided in subsection (b), the Attorney General 
                shall promulgate regulations governing the operation 
                and removal of a special counsel appointed under this 
                chapter.
                    ``(B) Regulations not requiring approval.--A 
                regulation promulgated by the Attorney General on the 
                appointment of a special counsel and the investigative 
                or prosecutorial jurisdiction of a special counsel 
                shall not be subject to approval under this section.
            ``(2) Resubmission.--If regulations are disapproved under 
        subsection (b), the Attorney General shall submit new 
        regulations to Congress for approval not later than 60 days 
        after the date of disapproval. Any new regulations or changes 
        to existing regulations promulgated under this section shall be 
        subject to Congressional approval as provided in subsection 
        (b).
    ``(b) Congressional Approval.--
            ``(1) In general.--Any regulations promulgated by the 
        Attorney General under this section shall be subject to 
        approval by joint resolution as provided in this subsection.
            ``(2) Contents of resolution.--For the purposes of 
        paragraph (1), `joint resolution' means only a joint resolution 
        introduced after the date on which Congress receives the 
        regulations promulgated by the Attorney General under 
        subsection (a) the matter after the resolving clause of which 
        is as follows: ``The Congress approves the regulations 
        promulgated by the Attorney General pursuant to section 593(a) 
        of title 28, United States Code.''.
            ``(3) Referral to committee.--A resolution described in 
        paragraph (2) introduced in the House of Representatives shall 
        be referred to the Committee on Government Reform and the 
        Committee on the Judiciary of the House of Representatives. A 
        resolution described in paragraph (2) introduced in the Senate 
        shall be referred to the Committee on Governmental Affairs and 
        the Committee on the Judiciary of the Senate. Such a resolution 
        may not be reported before the 8th day after its introduction.
            ``(4) Discharge of committee.--If the committees to which 
        are referred a resolution described in paragraph (2) have not 
        reported such resolution (or an identical resolution) at the 
        end of 15 calendar days after its introduction, such committees 
        shall be deemed to be discharged from further consideration of 
        such resolution and such resolution shall be placed on the 
        appropriate calendar of the House involved.
            ``(5) Floor consideration.--
                    ``(A) In general.--When the committees to which a 
                resolution is referred have reported, or have been 
                deemed to be discharged (under paragraph (4)) from 
                further consideration of, a resolution described in 
                paragraph (2), it is at any time thereafter in order 
                (even though a previous motion to the same effect has 
                been disagreed to) for any Member of the respective 
                House to move to proceed to the consideration of the 
                resolution, and all points of order against the 
                resolution (and against consideration of the 
                resolution) are waived. The motion is highly privileged 
                in the House of Representatives and is privileged in 
                the Senate and is not debatable. The motion is not 
                subject to amendment, or to a motion to postpone, or to 
                a motion to proceed to the consideration of other 
                business. A motion to reconsider the vote by which the 
                motion is agreed to or disagreed to shall not be in 
                order. If a motion to proceed to the consideration of 
                the resolution is agreed to, the resolution shall 
                remain the unfinished business of the respective House 
                until disposed of.
                    ``(B) Debate.--Debate on the resolution, and on all 
                debatable motions and appeals in connection therewith, 
                shall be limited to not more than 10 hours, which shall 
                be divided equally between those favoring and those 
                opposing the resolution. A motion further to limit 
                debate is in order and not debatable. An amendment to, 
                or a motion to postpone, or a motion to proceed to the 
                consideration of other business, or a motion to 
                recommit the resolution is not in order. A motion to 
                reconsider the vote by which the resolution is agreed 
                to or disagreed to is not in order.
                    ``(C) Vote on final passage.--Immediately following 
                the conclusion of the debate on a resolution described 
                in paragraph (1), and a single quorum call at the 
                conclusion of the debate if requested in accordance 
                with the rules of the appropriate House, the vote on 
                final passage of the resolution shall occur.
                    ``(D) Rulings of the chair on procedure.--Appeals 
                from the decisions of the Chair relating to the 
                application of the rules of the Senate or the House of 
                Representatives, as the case may be, to the procedure 
                relating to a resolution described in paragraph (2) 
                shall be decided without debate.
            ``(6) Coordination with action by other house.--If, before 
        the passage by one House of a resolution of that House 
        described in paragraph (2), that House receives from the other 
        House a resolution described in paragraph (2), then the 
        following procedures shall apply:
                    ``(A) The resolution of the other House shall not 
                be referred to a committee.
                    ``(B) With respect to a resolution described in 
                paragraph (2) of the House receiving the resolution--
                            ``(i) the procedure in that House shall be 
                        the same as if no resolution had been received 
                        from the other House; but
                            ``(ii) the vote on final passage shall be 
                        on the resolution of the other House.
            ``(7) Rules of house of representatives and senate.--This 
        subsection is enacted by Congress--
                    ``(A) as an exercise of the rulemaking power of the 
                Senate and House of Representatives, respectively, and 
                as such it is deemed a part of the rules of each House, 
                respectively, but applicable only with respect to the 
                procedure to be followed in that House in the case of a 
                resolution described in paragraph (2), and it 
                supersedes other rules only to the extent that it is 
                inconsistent with such rules; and
                    ``(B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, 
                in the same manner and to the same extent as in the 
                case of any other rule of that House.''.
    (b) Table of Chapters.--The item for chapter 40 in the table of 
chapters for part II is amended by striking ``Independent Counsel'' and 
inserting ``Special Counsel''.

SEC. 3. REGULATIONS.

    (a) Existing Regulations.--This Act and the amendments made by this 
Act shall apply to any regulations promulgated by the Attorney General 
with respect to the operation or removal of a special counsel who is 
not an officer or employee of the Federal Government to conduct the 
investigation or prosecution of a person for a possible violation of 
criminal law promulgated prior to the date of enactment of this Act.
    (b) Initial Regulations.--The Attorney General shall promulgate the 
regulations required by section 593 of title 28, United States Code, as 
added by section 2, not later than 60 days after the date of enactment 
of this Act.




                                                       Calendar No. 228

106th CONGRESS

  1st Session

                                S. 1427

_______________________________________________________________________

                                 A BILL

   To authorize the Attorney General to appoint a special counsel to 
investigate or prosecute a person for a possible violation of criminal 
  law when the Attorney General determines that the appointment of a 
               special counsel is in the public interest.

_______________________________________________________________________

                             July 26, 1999

            Read the second time and placed on the calendar