[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1712 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1712

      To re-establish and reform the independent counsel statute.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 2003

  Mr. Lieberman (for himself and Mr. Levin) introduced the following 
      bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
      To re-establish and reform the independent counsel statute.

    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 Reform Act of 
2003''.

SEC. 2. INDEPENDENT COUNSEL STATUTE.

    Chapter 40 of title 28, United States Code, is amended to read as 
follows:

                   ``CHAPTER 40--INDEPENDENT COUNSEL

``Sec.
``591. Applicability of provisions of this chapter.
``592. Preliminary investigation and application for appointment of an 
                            independent counsel.
``593. Duties of the division of the court.
``594. Authority and duties of an independent counsel.
``595. Congressional oversight.
``596. Removal of an independent counsel; termination of office.
``597. Relationship with Department of Justice.
``598. Severability.
``599. Termination of effect of chapter.
``Sec. 591. Applicability of provisions of this chapter
    ``(a) Preliminary Investigation With Respect to Certain Covered 
Persons.--The Attorney General shall conduct a preliminary 
investigation in accordance with section 592 whenever the Attorney 
General 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.
    ``(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; and
            ``(3) the Chief of Staff to the President.
    ``(c) Preliminary Investigation With Respect to Other Persons.--
When the Attorney General 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 Attorney 
General may conduct a preliminary investigation of such person in 
accordance with section 592 if the Attorney General 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.
    ``(d) Examination of Information To Determine Need for Preliminary 
Investigation.--
            ``(1) Factors to be considered.--In determining under 
        subsection (a) or section 592(c)(2) whether grounds to 
        investigate exist, the Attorney General 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 Attorney 
        General 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 Attorney General determines 
        that the information is not specific or is not from a credible 
        source, then the Attorney General shall close the matter. If 
        within that 30-day period the Attorney General determines that 
        the information is specific and from a credible source, the 
        Attorney General shall, upon making that determination, 
        commence a preliminary investigation with respect to that 
        information. If the Attorney General is unable to determine, 
        within that 30-day period, whether the information is specific 
        and from a credible source, the Attorney General shall, at the 
        end of that 30-day period, commence a preliminary investigation 
        with respect to that information.
    ``(e) Recusal of Attorney General.--
            ``(1) When recusal is required.--
                    ``(A) Involving the attorney general.--If 
                information received under this chapter involves the 
                Attorney General, the next most senior official in the 
                Department of Justice who is not also recused shall 
                perform the duties assigned under this chapter to the 
                Attorney General.
                    ``(B) Personal or financial relationship.--If 
                information received under this chapter involves a 
                person with whom the Attorney General has a personal or 
                financial relationship, the Attorney General shall 
                recuse himself or herself by designating the next most 
                senior official in the Department of Justice who is not 
                also recused to perform the duties assigned under this 
                chapter to the Attorney General.
            ``(2) Requirements for recusal determination.--Before 
        personally making any other determination under this chapter 
        with respect to information received under this chapter, the 
        Attorney General shall determine under paragraph (1)(B) whether 
        recusal is necessary. The Attorney General shall set forth this 
        determination in writing, identify the facts considered by the 
        Attorney General, and set forth the reasons for the recusal. 
        The Attorney General shall file this determination with any 
notification or application submitted to the division of the court 
under this chapter with respect to that information.
``Sec. 592. Preliminary investigation and application for appointment 
              of an independent counsel
    ``(a) Conduct of Preliminary Investigation.--
            ``(1) In general.--A preliminary investigation conducted 
        under this chapter shall be of those matters as the Attorney 
        General considers appropriate in order to make a determination, 
        under subsection (b) or (c), with respect to each potential 
        violation, or allegation of a violation, of criminal law. The 
        Attorney General shall make that determination not later than 
        120 days after the preliminary investigation is commenced, 
        except that, in the case of a preliminary investigation 
        commenced after a congressional request under subsection (g), 
        the Attorney General shall make that determination not 
later than 120 days after the request is received. The Attorney General 
shall promptly notify the division of the court specified in section 
593(a) of the commencement of that preliminary investigation and the 
date of commencement.
            ``(2) Limited authority of attorney general.--
                    ``(A) In general.--In conducting preliminary 
                investigations under this chapter, the Attorney General 
                shall have no authority to plea bargain or grant 
                immunity. The Attorney General shall have the authority 
                to convene grand juries and issue subpoenas.
                    ``(B) Not to be basis of determinations.--The 
                Attorney General shall not base a determination under 
                this chapter--
                            ``(i) that information with respect to a 
                        violation of criminal law by a person is not 
                        specific and from a credible source upon a 
                        determination that that person lacked the state 
                        of mind required for the violation of criminal 
                        law; or
                            ``(ii) that there are no substantial 
                        grounds to believe that further investigation 
                        is warranted, upon a determination that that 
                        person lacked the state of mind required for 
                        the criminal violation involved, unless there 
                        is a preponderance of the evidence that the 
                        person lacked that state of mind.
            ``(3) Extension of time for preliminary investigation.--The 
        Attorney General may apply to the division of the court for a 
        single extension, for a period of not more than 90 days, of the 
        120-day period referred to in paragraph (1). The division of 
        the court may, upon a showing of good cause, grant that 
        extension.
    ``(b) Determination That Further Investigation Not Warranted.--
            ``(1) Notification of division of the court.--If the 
        Attorney General, upon completion of a preliminary 
        investigation under this chapter, determines that there are no 
        substantial grounds to believe that further investigation is 
        warranted, the Attorney General shall promptly so notify the 
        division of the court, and the division of the court shall have 
        no power to appoint an independent counsel with respect to the 
        matters involved.
            ``(2) Form of notification.--Notification under paragraph 
        (1) shall contain a summary of the information received and a 
        summary of the results of the preliminary investigation.
    ``(c) Determination That Further Investigation is Warranted.--
            ``(1) Application for appointment of independent counsel.--
        The Attorney General shall apply to the division of the court 
        for the appointment of an independent counsel if--
                    ``(A) the Attorney General, upon completion of a 
                preliminary investigation under this chapter, 
                determines that there are substantial grounds to 
                believe that further investigation is warranted; or
                    ``(B) the 120-day period referred to in subsection 
                (a)(1), and any extension granted under subsection 
                (a)(3), have elapsed and the Attorney General has not 
                filed a notification with the division of the court 
                under subsection (b)(1).
        In determining under this chapter whether there are substantial 
        grounds to believe that further investigation is warranted, the 
        Attorney General shall comply with the written or other 
        established policies of the Department of Justice with respect 
        to the conduct of criminal investigations.
            ``(2) Receipt of additional information.--If, after 
        submitting a notification under subsection (b)(1), the Attorney 
        General receives additional information sufficient to 
        constitute grounds to investigate the matters to which that 
notification related, the Attorney General shall--
                    ``(A) conduct such additional preliminary 
                investigation as the Attorney General considers 
                appropriate for a period of not more than 120 days 
                after the date on which that additional information is 
                received; and
                    ``(B) otherwise comply with the provisions of this 
                section with respect to that additional preliminary 
                investigation to the same extent as any other 
                preliminary investigation under this section.
    ``(d) Contents of Application.--Any application for the appointment 
of an independent counsel under this chapter shall contain sufficient 
information to assist the division of the court in selecting an 
independent counsel and in defining that independent counsel's 
prosecutorial jurisdiction so that the independent counsel has adequate 
authority to fully investigate and prosecute the subject matter and all 
matters directly related to that subject matter.
    ``(e) Disclosure of Information.--Except as otherwise provided in 
this chapter or as is deemed necessary for law enforcement purposes, no 
officer or employee of the Department of Justice or an office of 
independent counsel may, without leave of the division of the court, 
disclose to any individual outside the Department of Justice or that 
office any notification, application, or any other document, materials, 
or memorandum supplied to the division of the court under this chapter. 
Nothing in this chapter shall be construed as authorizing the 
withholding of information from the Congress.
    ``(f) Limitation on Judicial Review.--The Attorney General's 
determination under this chapter to apply to the division of the court 
for the appointment of an independent counsel shall not be reviewable 
in any court.
    ``(g) Congressional Request.--
            ``(1) By judiciary committee or members thereof.--The 
        Committee on the Judiciary of either House of the Congress, or 
        a majority of majority party members or a majority of all 
        nonmajority party members of either such committee, may request 
        in writing that the Attorney General apply for the appointment 
        of an independent counsel.
            ``(2) Report by attorney general pursuant to request.--Not 
        later than 30 days after the receipt of a request under 
        paragraph (1), the Attorney General shall submit, to the 
        committee making the request, or to the committee on which the 
        persons making the request serve, a report on whether the 
        Attorney General has begun or will begin a preliminary 
        investigation under this chapter of the matters with respect to 
        which the request is made, in accordance with section 591(a). 
        The report shall set forth the reasons for the Attorney 
        General's decision regarding the preliminary investigation as 
        it relates to each of the matters with respect to which the 
        congressional request is made. If there is such a preliminary 
        investigation, the report shall include the date on which the 
        preliminary investigation began or will begin.
            ``(3) Submission of information in response to 
        congressional request.--At the same time as any notification, 
        application, or any other document, material, or memorandum is 
        supplied to the division of the court pursuant to this section 
        with respect to a preliminary investigation of any matter with 
        respect to which a request is made under paragraph (1), that 
        notification, application, or other document, material, or 
        memorandum shall be supplied to the committee making the 
        request, or to the committee on which the persons making the 
        request serve. If no application for the appointment of an 
        independent counsel is made to the division of the court under 
        this section pursuant to such a preliminary investigation, the 
        Attorney General shall submit a report to that committee 
        stating the reasons why the application was not made, 
        addressing each matter with respect to which the congressional 
        request was made.
            ``(4) Disclosure of information.--Any report, notification, 
        application, or other document, material, or memorandum 
        supplied to a committee under this subsection shall not be 
        revealed to any third party, except that the committee may, 
        either on its own initiative or upon the request of the 
        Attorney General, make public such portion or portions of that 
        report, notification, application, document, material, or 
        memorandum as will not in the committee's judgment prejudice 
        the rights of any individual.
``Sec. 593. Duties of the division of the court
    ``(a) Reference to Division of the Court.--The division of the 
court to which this chapter refers is the division established under 
section 49 of this title.
    ``(b) Appointment and Jurisdiction of Independent Counsel.--
            ``(1) Authority.--Upon receipt of an application under 
        section 592(c), the division of the court shall appoint an 
        appropriate independent counsel and define the independent 
        counsel's prosecutorial jurisdiction. The appointment shall be 
made from a list of candidates comprised of 5 individuals recommended 
by the chief judge of each Federal circuit and forwarded by January 15 
of each year to the division of the court.
            ``(2) Qualifications of independent counsel.--The division 
        of the court shall appoint as independent counsel an individual 
        who--
                    ``(A) has appropriate experience, including, to the 
                extent practicable, prosecutorial experience and who 
                has no actual or apparent personal, financial, or 
                political conflict of interest;
                    ``(B) will conduct the investigation on a full-time 
                basis and in a prompt, responsible, and cost-effective 
                manner; and
                    ``(C) does not hold any office of profit or trust 
                under the United States.
            ``(3) Scope of prosecutorial jurisdiction.--
                    ``(A) In general.--In defining the independent 
                counsel's prosecutorial jurisdiction under this 
                chapter, the division of the court shall assure that 
                the independent counsel has adequate authority to fully 
                investigate and prosecute--
                            ``(i) the subject matter with respect to 
                        which the Attorney General has requested the 
                        appointment of the independent counsel; and
                            ``(ii) all matters that are directly 
                        related to the independent counsel's 
                        prosecutorial jurisdiction and the proper 
                        investigation and prosecution of the subject 
                        matter of such jurisdiction.
                    ``(B) Directly related.--In this paragraph, the 
                term `directly related matters' includes Federal 
                crimes, other than those classified as Class B or C 
                misdemeanors or infractions, that impede the 
                investigation and prosecution, such as perjury, 
                obstruction of justice, destruction of evidence, and 
intimidation of witnesses.
            ``(4) Disclosure of identity and prosecutorial 
        jurisdiction.--An independent counsel's identity and 
        prosecutorial jurisdiction may not be made public except upon 
        the request of the Attorney General or upon a determination of 
        the division of the court that disclosure of the identity and 
        prosecutorial jurisdiction of that independent counsel would be 
        in the best interests of justice. In any event, the identity 
        and prosecutorial jurisdiction of the independent counsel shall 
        be made public when any indictment is returned, or any criminal 
        information is filed, pursuant to the independent counsel's 
        investigation.
    ``(c) Return for Further Explanation.--Upon receipt of a 
notification under section 592 from the Attorney General that there are 
no substantial grounds to believe that further investigation is 
warranted with respect to information received under this chapter, the 
division of the court shall have no authority to overrule this 
determination but may return the matter to the Attorney General for 
further explanation of the reasons for that determination.
    ``(d) Vacancies.--If a vacancy in office arises by reason of the 
resignation, death, or removal of an independent counsel, the division 
of the court shall appoint an independent counsel to complete the work 
of the independent counsel whose resignation, death, or removal caused 
the vacancy, except that in the case of a vacancy arising by reason of 
the removal of an independent counsel, the division of the court may 
appoint an acting independent counsel to serve until any judicial 
review of the removal is completed.
    ``(e) Attorneys' Fees.--
            ``(1) Award of fees.--Upon the request of an individual who 
        is the subject of an investigation conducted by an independent 
        counsel pursuant to this chapter, the division of the court 
        may, if no indictment is brought against that individual 
        pursuant to the investigation, award reimbursement for those 
        reasonable attorneys' fees incurred by the individual during 
        the investigation which would not have been incurred but for 
        the requirements of this chapter. The division of the court 
        shall notify the independent counsel who conducted the 
        investigation and the Attorney General of any request for 
        attorneys' fees under this subsection.
            ``(2) Evaluation of fees.--The division of the court shall 
        direct the independent counsel and the Attorney General to file 
        a written evaluation of any request for attorneys' fees under 
        this subsection, addressing--
                    ``(A) the sufficiency of the documentation;
                    ``(B) the need or justification for the underlying 
                item;
                    ``(C) whether the underlying item would have been 
                incurred but for the requirements of this chapter; and
                    ``(D) the reasonableness of the amount of money 
                requested.
    ``(f) Disclosure of Information.--The division of the court may, 
subject to section 594(h)(2), allow the disclosure of any notification, 
application, or any other document, material, or memorandum supplied to 
the division of the court under this chapter.
    ``(g) Amicus Curiae Briefs.--When presented with significant legal 
issues, the division of the court may disclose sufficient information 
about the issues to permit the filing of timely amicus curiae briefs.
``Sec. 594. Authority and duties of an independent counsel
    ``(a) Authorities.--Notwithstanding any other provision of law, an 
independent counsel appointed under this chapter shall have, with 
respect to all matters in that independent counsel's prosecutorial 
jurisdiction established under this chapter, full power and independent 
authority to exercise all investigative and prosecutorial 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 and 
prosecutorial functions and powers shall include--
            ``(1) conducting proceedings before grand juries and other 
        investigations;
            ``(2) participating in court proceedings and engaging in 
        any litigation, including civil and criminal matters, that the 
        independent counsel considers necessary;
            ``(3) appealing any decision of a court in any case or 
        proceeding in which the independent counsel participates in an 
        official capacity;
            ``(4) reviewing all documentary evidence available from any 
        source;
            ``(5) determining whether to contest the assertion of any 
        testimonial privilege;
            ``(6) receiving appropriate national security clearances 
        and, if necessary, contesting in court (including, where 
        appropriate, participating in in camera proceedings) any claim 
        of privilege or attempt to withhold evidence on grounds of 
        national security;
            ``(7) 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;
            ``(8) 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;
            ``(9) initiating and conducting prosecutions in any court 
        of competent jurisdiction, framing and signing indictments, 
        filing informations, and handling all aspects of any case, in 
        the name of the United States; and
            ``(10) consulting with the United States attorney for the 
        district in which any violation of law with respect to which 
        the independent counsel is appointed was alleged to have 
        occurred.
    ``(b) Compensation.--
            ``(1) In general.--An independent counsel appointed under 
        this chapter shall receive compensation at the annual rate of 
        basic pay payable for level IV of the Executive Schedule under 
        section 5315 of title 5.
            ``(2) Travel expenses.--Except as provided in paragraph 
        (3), an independent counsel and persons appointed under 
        subsection (c) shall be entitled to the payment of travel 
        expenses as provided by subchapter I of chapter 57 of title 5, 
        United States Code, including travel, per diem, and subsistence 
        expenses in accordance with section 5703 of title 5.
            ``(3) Travel to primary office.--
                    ``(A) In general.--After 1 year of service under 
                this chapter, an independent counsel and persons 
                appointed under subsection (c) shall not be entitled to 
                the payment of travel, per diem, or subsistence 
                expenses under subchapter I of chapter 57 of title 5, 
                United States Code, for the purpose of commuting to or 
                from the city in which the primary office of the 
                independent counsel or person is located. The 1-year 
                period may be extended for successive 6-month periods 
                if the independent counsel and the division of the 
                court certify that the payment is in the public 
                interest to carry out the purposes of this chapter.
                    ``(B) Relevant factors.--In making any 
                certification under this paragraph with respect to 
                travel and subsistence expenses of an independent 
counsel or person appointed under subsection (c), that employee shall 
consider, among other relevant factors--
                            ``(i) the cost to the Government of 
                        reimbursing those travel and subsistence 
                        expenses;
                            ``(ii) the period of time for which the 
                        independent counsel anticipates that the 
                        activities of the independent counsel or 
                        person, as the case may be, will continue;
                            ``(iii) the personal and financial burdens 
                        on the independent counsel or person, as the 
                        case may be, of relocating so that the travel 
                        and subsistence expenses would not be incurred; 
                        and
                            ``(iv) the burdens associated with 
                        appointing a new independent counsel, or 
                        appointing another person under subsection (c), 
                        to replace the individual involved who is 
                        unable or unwilling to so relocate.
    ``(c) Additional Personnel.--For the purposes of carrying out the 
duties of an office of independent counsel, an independent counsel may 
appoint, fix the compensation, and assign the duties of such employees 
as such independent counsel considers necessary (including 
investigators, attorneys, and part-time consultants). The positions of 
all such employees are exempted from the competitive service. Such 
employees shall be compensated at levels not to exceed those payable 
for comparable positions in the Office of United States Attorney for 
the District of Columbia under sections 548 and 550, but in no event 
shall any such employee be compensated at a rate greater than the rate 
of basic pay payable for level ES-4 of the Senior Executive Service 
Schedule under section 5382 of title 5, as adjusted for the District of 
Columbia under section 5304 of that title regardless of the locality in 
which an employee is employed.
    ``(d) Assistance of Department of Justice.--
            ``(1) In carrying out functions.--An independent counsel 
        may request assistance from the Department of Justice in 
        carrying out the functions of the independent counsel, and the 
        Department of Justice shall provide that assistance, which may 
        include access to any records, files, or other materials 
        relevant to matters within that independent counsel's 
        prosecutorial jurisdiction, and the use of the resources and 
        personnel necessary to perform that independent counsel's 
        duties. At the request of an independent counsel, prosecutors, 
        administrative personnel, and other employees of the Department 
        of Justice may be detailed to the staff of the independent 
        counsel to the extent the number of staff so detailed is 
        reasonably related to the number of staff ordinarily assigned 
        by the Department to conduct an investigation of similar size 
        and complexity.
            ``(2) Payment of and reports on expenditures of independent 
        counsel.--The Department of Justice shall pay all costs 
        relating to the establishment and operation of any office of 
        independent counsel. The Attorney General shall submit to the 
        Congress, not later than 30 days after the end of each fiscal 
        year, a report on amounts paid during that fiscal year for 
        expenses of investigations and prosecutions by independent 
counsel. Each such report shall include a statement of all payments 
made for activities of independent counsel but may not reveal the 
identity or prosecutorial jurisdiction of any independent counsel which 
has not been disclosed under section 593(b)(4).
    ``(e) Referral of Directly Related Matters to an Independent 
Counsel.--An independent counsel may ask the Attorney General or the 
division of the court to refer to the independent counsel only such 
matters that are directly related to the independent counsel's 
prosecutorial jurisdiction, and the Attorney General or the division of 
the court, as the case may be, may refer such matters. If the Attorney 
General refers a matter to an independent counsel on the Attorney 
General's own initiative, the independent counsel may accept that 
referral only if the matter directly relates to the independent 
counsel's prosecutorial jurisdiction. If the Attorney General refers 
any matter to the independent counsel pursuant to the independent 
counsel's request, or if the independent counsel accepts a referral 
made by the Attorney General on the Attorney General's own initiative, 
the independent counsel shall so notify the division of the court.
    ``(f) Compliance With Policies of the Department of Justice.--
            ``(1) In general.--An independent counsel shall comply with 
        the written or other established policies of the Department of 
        Justice respecting enforcement of the criminal laws except when 
        that policy requires the specific approval of the Attorney 
        General or another Department of Justice official. If a policy 
        requires the approval of the Attorney General or other 
        Department of Justice official, an independent counsel is 
        encouraged to consult with the Attorney General or other 
        official. To identify and understand these policies and 
        policies under subsection (l)(1)(B), the independent counsel 
shall consult with the Department of Justice.
            ``(2) National security.--An independent counsel shall 
        comply with guidelines and procedures used by the Department in 
        the handling and use of classified material.
            ``(3) Relief from a violation of policies.--
                    ``(A) In general.--A person who is a target, 
                witness, or defendant in, or otherwise directly 
                affected by, an investigation by an independent counsel 
                and who has reason to believe that the independent 
                counsel is violating a written policy of the Department 
                of Justice material to the independent counsel's 
                investigation, may ask the Attorney General to 
                determine whether the independent counsel has violated 
                that policy. The Attorney General shall respond in 
                writing within 30 days.
                    ``(B) Relief.--If the Attorney General determines 
                that the independent counsel has violated a written 
                policy of the Department of Justice material to the 
                investigation by the independent counsel pursuant to 
                subparagraph (A), the Attorney General may ask the 
                division of the court to order the independent counsel 
                to comply with that policy, and the division of the 
                court may order appropriate relief.
    ``(g) Dismissal of Matters.--The independent counsel shall have 
full authority to dismiss matters within the independent counsel's 
prosecutorial jurisdiction without conducting an investigation or at 
any subsequent time before prosecution, if to do so would be consistent 
with the written or other established policies of the Department of 
Justice with respect to the enforcement of criminal laws.
    ``(h) Reports by Independent Counsel.--
            ``(1) Required reports.--An independent counsel shall--
                    ``(A) file with the division of the court, with 
                respect to the 6-month period beginning on the date of 
                his or her appointment, and with respect to each 6-
                month period thereafter until the office of that 
                independent counsel terminates, a report which 
                identifies and explains major expenses, and summarizes 
                all other expenses, incurred by that office during the 
                6-month period with respect to which the report is 
                filed, and estimates future expenses of that office; 
                and
                    ``(B) before the termination of the independent 
                counsel's office under section 596(b), file a final 
                report with the division of the court, setting forth 
                only the following:
                            ``(i) the jurisdiction of the independent 
                        counsel's investigation;
                            ``(ii) a list of indictments brought by the 
                        independent counsel and the disposition of each 
                        indictment, including any verdicts, pleas, 
                        convictions, pardons, and sentences; and
                            ``(iii) a summary of the expenses of the 
                        independent counsel's office.
            ``(2) Disclosure of information in reports.--The division 
        of the court may release to the Congress, the public, or any 
        appropriate person, those portions of a report made under this 
        subsection as the division of the court considers appropriate. 
        The division of the court shall make those orders as are 
        appropriate to protect the rights of any individual named in 
        that report and to prevent undue interference with any pending 
        prosecution. The division of the court may make any portion of 
        a final report filed under paragraph (1)(B) available to any 
        individual named in that report for the purposes of receiving 
        within a time limit set by the division of the court any 
        comments or factual information that the individual may submit. 
        Such comments and factual information, in whole or in part, 
        may, in the discretion of the division of the court, be 
        included as an appendix to the final report.
            ``(3) Publication of reports.--At the request of an 
        independent counsel, the Public Printer shall cause to be 
        printed any report previously released to the public under 
        paragraph (2). The independent counsel shall certify the number 
        of copies necessary for the public, and the Public Printer 
        shall place the cost of the required number to the debit of the 
independent counsel. 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.
    ``(i) Independence From Department of Justice.--Each independent 
counsel appointed under this chapter, and the persons appointed by that 
independent counsel under subsection (c), are employees of the 
Department of Justice for purposes of sections 202 through 209 of title 
18.
    ``(j) Standards of Conduct Applicable to Independent Counsel, 
Persons Serving in the Office of an Independent Counsel, and Their Law 
Firms.--
            ``(1) Restrictions on employment while independent counsel 
        and appointees are serving.--
                    ``(A) Independent counsel.--During the period in 
                which an independent counsel is serving under this 
                chapter--
                            ``(i) that independent counsel shall have 
                        no other paid employment; and
                            ``(ii) any person associated with a firm 
                        with which that independent counsel is 
                        associated may not represent in any matter any 
                        person involved in any investigation or 
                        prosecution under this chapter.
                    ``(B) Other persons.--During the period in which 
                any person appointed by an independent counsel under 
                subsection (c) is serving in the office of independent 
                counsel, that person may not represent in any matter 
                any person involved in any investigation or prosecution 
                under this chapter.
            ``(2) Post employment restrictions on independent counsel 
        and appointees.--Each independent counsel and each person 
        appointed by that independent counsel under subsection (c) may 
        not--
                    ``(A) for 3 years following the termination of the 
                service under this chapter of that independent counsel 
                or appointed person, as the case may be, represent any 
                person in any matter if that individual was the subject 
                of an investigation or prosecution under this chapter 
                that was conducted by that independent counsel; or
                    ``(B) for 1 year following the termination of the 
                service under this chapter of that independent counsel 
                or appointed person, as the case may be, represent any 
                person in any matter involving any investigation or 
                prosecution under this chapter.
            ``(3) One-year ban on representation by members of firms of 
        independent counsel.--Any person who is associated with a firm 
        with which an independent counsel is associated or becomes 
        associated after termination of the service of that independent 
        counsel under this chapter may not, for 1 year following that 
        termination, represent any person in any matter involving any 
        investigation or prosecution under this chapter.
            ``(4) Definitions.--For purposes of this subsection--
                    ``(A) the term `firm' means a law firm whether 
                organized as a partnership or corporation; and
                    ``(B) a person is `associated' with a firm if that 
                person is an officer, director, partner, or other 
                member or employee of that firm.
            ``(5) Enforcement.--The Attorney General and the Director 
        of the Office of Government Ethics have authority to enforce 
        compliance with this subsection. The designated agency ethics 
        official for the Department of Justice shall be the ethics 
        adviser for the independent counsel and employees of the 
        independent counsel.
    ``(k) Custody of Records of an Independent Counsel.--
            ``(1) Transfer of records.--Upon termination of the office 
        of an independent counsel, that independent counsel shall 
        transfer to the Archivist of the United States all records 
        which have been created or received by that office. Before this 
        transfer, the independent counsel 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. Any records which were compiled by an independent 
        counsel and, upon termination of the independent counsel's 
        office, were stored with the division of the court or elsewhere 
        before the enactment of the Independent Counsel Reauthorization 
        Act of 1987, shall also be transferred to the Archivist of the 
        United States by the division of the court or the person in 
        possession of those records.
            ``(2) Maintenance, use, and disposal of records.--Records 
        transferred to the Archivist under this chapter 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 this 
                chapter shall be governed by section 552 of title 5.
                    ``(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, 
those 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 this 
                chapter.
            ``(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 an 
        independent counsel to assist in an investigation or 
        prosecution conducted by that independent counsel--
                    ``(A) shall be maintained as a separate body of 
                records within the records of the independent counsel; 
                and
                    ``(B) shall, after the records have been 
                transferred to the Archivist under this chapter, be 
                made available, except as provided in paragraph (3) (B) 
                and (C), in accordance with the rules governing release 
                of the records of the House of Congress that provided 
                the records to the independent counsel.
        Subparagraph (B) shall not apply to those records which have 
        been surrendered pursuant to grand jury or court proceedings.
    ``(l) Cost and Administrative Support.--
            ``(1) Cost controls.--
                    ``(A) In general.--An independent counsel shall--
                            ``(i) conduct all activities with due 
                        regard for expense;
                            ``(ii) authorize only reasonable and lawful 
                        expenditures; and
                            ``(iii) promptly, upon taking office, 
                        assign to a specific employee the duty of 
                        certifying that expenditures of the independent 
                        counsel are reasonable and made in accordance 
                        with law.
                    ``(B) Liability for invalid certification.--An 
                employee making a certification under subparagraph 
                (A)(iii) shall be liable for an invalid certification 
                to the same extent as a certifying official certifying 
                a voucher is liable under section 3528 of title 31.
                    ``(C) Department of justice policies.--An 
                independent counsel shall comply with the established 
                policies of the Department of Justice respecting 
                expenditures of funds.
            ``(2) Budget.--The independent counsel, after consulting 
        with the Attorney General, shall, within 90 days of 
        appointment, submit a budget for the first year of the 
        investigation and, on the anniversary of the appointment, for 
        each year thereafter to the Attorney General and the General 
        Accounting Office. The General Accounting Office shall review 
        the budget and submit a written appraisal of the budget to the 
        independent counsel and the Committees on Governmental Affairs 
        and Appropriations of the Senate and the Committees on the 
        Judiciary and Appropriations of the House of Representatives.
            ``(3) Administrative support.--The Director of the 
        Administrative Office of the United States Courts shall provide 
        administrative support and guidance to each independent 
        counsel. No officer or employee of the Administrative Office of 
        the United States Courts shall disclose information related to 
        an independent counsel's expenditures, personnel, or 
        administrative acts or arrangements without the authorization 
        of the independent counsel.
            ``(4) 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 each independent counsel. The office space 
        shall be within a Federal building unless the Administrator of 
        General Services determines that other arrangements would cost 
        less. Until the office space is provided, the Administrative 
        Office of the United States Courts shall provide newly 
        appointed independent counsels immediately upon appointment 
        with appropriate, temporary office space, equipment, and 
        supplies.
    ``(m) Expedited Judicial Consideration and Review.--It shall be the 
duty of the courts of the United States to advance on the docket and to 
expedite to the greatest extent possible the disposition of matters 
relating to an investigation and prosecution by an independent counsel 
under this chapter consistent with the purposes of this chapter.
``Sec. 595. Congressional oversight
    ``(a) Oversight of Conduct of Independent Counsel.--
            ``(1) Congressional oversight.--The appropriate committees 
        of the Congress shall have oversight jurisdiction with respect 
        to the official conduct of any independent counsel appointed 
        under this chapter, and the independent counsel shall have the 
        duty to cooperate with the exercise of that oversight 
        jurisdiction.
            ``(2) Reports to congress.--An independent counsel 
        appointed under this chapter shall submit to the Congress 
        annually a report on the activities of the independent counsel, 
        including a description of the progress of any investigation or 
        prosecution conducted by the independent counsel. The report 
        may omit any matter that in the judgment of the independent 
        counsel should be kept confidential, but shall provide 
        information adequate to justify the expenditures that the 
        office of the independent counsel has made.
    ``(b) Oversight of Conduct of Attorney General.--Within 15 days 
after receiving an inquiry about a particular case under this chapter, 
which is a matter of public knowledge, from a committee of the Congress 
with jurisdiction over this chapter, the Attorney General shall provide 
the following information to that committee with respect to the case:
            ``(1) When the information about the case was received.
            ``(2) Whether a preliminary investigation is being 
        conducted, and if so, the date it began.
            ``(3) Whether an application for the appointment of an 
        independent counsel or a notification that further 
        investigation is not warranted has been filed with the division 
        of the court, and if so, the date of that filing.
``Sec. 596. Removal of an independent counsel; termination of office
    ``(a) Removal; Report on Removal.--
            ``(1) Grounds for removal.--
                    ``(A) In general.--An independent counsel appointed 
                under this chapter may be removed from office, other 
                than by impeachment and conviction, only by the 
                personal action of the Attorney General and only for 
                good cause, physical or mental disability (if not 
                prohibited by law protecting persons from 
                discrimination on the basis of such a disability), or 
                any other condition that impairs the performance of 
                that independent counsel's duties.
                    ``(B) Good cause.--In this paragraph, the term 
                `good cause' includes--
                            ``(i) a knowing and material failure to 
                        comply with written Department of Justice 
                        policies relevant to the conduct of a criminal 
                        investigation; and
                            ``(ii) an actual personal, financial, or 
                        political conflict of interest.
            ``(2) Report to division of the court and congress.--If an 
        independent counsel is removed from office, the Attorney 
        General shall promptly submit to the division of the court and 
        the Committees on the Judiciary of the Senate and the House of 
        Representatives a report specifying the facts found and the 
        ultimate grounds for the removal. The committees shall make 
        available to the public that report, except that each committee 
        may, if necessary to protect the rights of any individual named 
        in the report or to prevent undue interference with any pending 
        prosecution, postpone or refrain from publishing any or all of 
        the report. The division of the court may release any or all of 
        the report in accordance with section 594(h)(2).
            ``(3) Judicial review of removal.--An independent counsel 
        removed from office may obtain judicial review of the removal 
        in a civil action commenced in the United States District Court 
        for the District of Columbia. A member of the division of the 
        court may not hear or determine any such civil action or any 
        appeal of a decision in any such civil action. The independent 
        counsel may be reinstated or granted other appropriate relief 
        by order of the court.
    ``(b) Termination of Office.--
            ``(1) Termination by action of independent counsel.--An 
        office of independent counsel shall terminate when--
                    ``(A) the independent counsel notifies the Attorney 
                General that the investigation of all matters within 
                the prosecutorial jurisdiction of the independent 
                counsel or accepted by the independent counsel under 
                section 594(e), and any resulting prosecutions, have 
                been completed or so substantially completed that it 
                would be appropriate for the Department of Justice to 
                complete those investigations and prosecutions; and
                    ``(B) the independent counsel files a final report 
                in compliance with section 594(h)(1)(B).
            ``(2) Termination by division of the court.--The division 
        of the court, either on its own motion or upon the request of 
        the Attorney General, may terminate an office of independent 
        counsel at any time, on the ground that the investigation of 
        all matters within the prosecutorial jurisdiction of the 
        independent counsel or accepted by the independent counsel 
        under section 594(e), and any resulting prosecutions, have been 
        completed or so substantially completed that it would be 
        appropriate for the Department of Justice to complete those 
        investigations and prosecutions. At the time of that 
        termination, the independent counsel shall file the final 
        report required by section 594(h)(1)(B). If the Attorney 
        General has not made a request under this paragraph, the 
        division of the court shall determine on its own motion whether 
        termination is appropriate under this paragraph no later than 2 
        years after the appointment of an independent counsel.
            ``(3) Termination after 2 years.--
                    ``(A) General rule.--Except as provided in 
                subparagraph (B), the term of an independent counsel 
                shall terminate at the expiration of 2 years after the 
                date of appointment of the independent counsel and any 
                matters under investigation by the independent counsel 
                shall be transferred to the Attorney General.
                    ``(B) Exceptions.--
                            ``(i) Good cause.--An independent counsel 
                        may petition the division of the court to 
                        extend the investigation of the independent 
                        counsel for up to 1 year for good cause. The 
                        division of the court shall determine whether 
                        the grant of such an extension is warranted and 
                        determine the length of each extension.
                            ``(ii) Dilatory tactics.--If the 
                        investigation of an independent counsel was 
                        delayed by dilatory tactics by persons that 
                        could provide evidence that would significantly 
                        assist the investigation, an independent 
                        counsel may petition the division of the court 
                        to extend the investigation of the independent 
                        counsel for an additional period of time equal 
                        to the amount of time lost by the dilatory 
                        tactics. If the division of the court finds 
                        that dilatory tactics did delay the 
                        investigation, the division of the court shall 
                        extend the investigation for a period equal to 
                        the delay.
    ``(c) Audits.--
            ``(1) In general.--On or before June 30 of each year, an 
        independent counsel shall prepare a statement of expenditures 
        for the 6 months that ended on the immediately preceding March 
        31. On or before December 31 of each year, an independent 
        counsel shall prepare a statement of expenditures for the 
        fiscal year that ended on the immediately preceding September 
        30. An independent counsel whose office is terminated prior to 
        the end of the fiscal year shall prepare a statement of 
        expenditures on or before the date that is 90 days after the 
        date on which the office is terminated.
            ``(2) Comptroller general review.--The Comptroller General 
        shall--
                    ``(A) conduct a financial review of a mid-year 
                statement and a financial audit of a year-end statement 
                and statement on termination; and
                    ``(B) report the results to the Committee on the 
                Judiciary, Committee on Governmental Affairs, and 
                Committee on Appropriations of the Senate and the 
                Committee on the Judiciary, Committee on Government 
                Reform, and Committee on Appropriations of the House of 
                Representatives not later than 90 days following the 
                submission of each statement.
``Sec. 597. Relationship with Department of Justice
    ``(a) Suspension of Other Investigations and Proceedings.--Whenever 
a matter is in the prosecutorial jurisdiction of an independent counsel 
or has been accepted by an independent counsel under section 594(e), 
the Department of Justice, the Attorney General, and all other officers 
and employees of the Department of Justice shall suspend all 
investigations and proceedings regarding that matter, except to the 
extent required by section 594(d)(1), and except insofar as the 
independent counsel agrees in writing that the investigation or 
proceedings may be continued by the Department of Justice.
    ``(b) Presentation as Amicus Curiae Permitted.--Nothing in this 
chapter shall prevent the Attorney General or the Solicitor General 
from making a presentation as amicus curiae to any court as to issues 
of law raised by any case or proceeding in which an independent counsel 
participates in an official capacity or any appeal of such a case or 
proceeding.
``Sec. 598. Severability
    ``If any provision of this chapter or the application thereof to 
any person or circumstance is held invalid, the remainder of this 
chapter and the application of that provision to other persons not 
similarly situated or to other circumstances shall not be affected by 
that invalidation.
``Sec. 599. Termination of effect of chapter
    ``This chapter shall cease to be effective 5 years after the date 
of enactment of the Independent Counsel Reform Act of 2003, except that 
this chapter shall continue in effect with respect to then pending 
matters before an independent counsel that in the judgment of that 
counsel require the continuation until that independent counsel 
determines those matters have been completed.''.

SEC. 3. ASSIGNMENT OF JUDGES TO DIVISION TO APPOINT INDEPENDENT 
              COUNSELS.

    Section 49 of title 28, United States Code, is amended to reads as 
follows:
``Sec. 49. Assignment of judges to division to appoint independent 
              counsels
    ``(a) In General.--Beginning with the 3-year period commencing on 
the date of the enactment of the Independent Counsel Reform Act of 
2003, 3 judges shall be assigned for each successive 3-year period to a 
division of the United States Court of Appeals for the District of 
Columbia to be the division of the court for the purpose of appointing 
independent counsels. The Clerk of the United States Court of Appeals 
for the District of Columbia Circuit shall serve as the clerk of the 
division of the court and shall provide such services as are needed by 
the division of the court.
    ``(b) Other Judicial Assignments.--Except as provided in subsection 
(e), assignment to the division of the court shall not be a bar to 
other judicial assignments during the term of the division of the 
court.
    ``(c) Designation and Assignment.--The Chief Justice of the United 
States shall designate and assign by a lottery of all circuit court 
judges, 3 circuit court judges 1 of whom shall be a judge of the United 
States Court of Appeals for the District of Columbia, to the division 
of the court. Not more than 1 judge may be named to the division of the 
court from a particular court.
    ``(d) Vacancy.--Any vacancy in the division of the court shall be 
filled only for the remainder of the 3-year period in which that 
vacancy occurs and in the same manner as initial assignments to the 
division of the court were made.
    ``(e) Recusal.--Except as otherwise provided in chapter 40 of this 
title, no member of the division of the court who participated in a 
function conferred on the division of the court under chapter 40 of 
this title involving an independent counsel shall be eligible to 
participate in any judicial proceeding concerning a matter that--
            ``(1) involves that independent counsel while the 
        independent counsel is serving in that office; or
            ``(2) involves the exercise of the independent counsel's 
        official duties, regardless of whether the independent counsel 
        is still serving in that office.''.
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