[Congressional Record Volume 149, Number 139 (Friday, October 3, 2003)]
[Senate]
[Pages S12452-S12458]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LIEBERMAN (for himself and Mr. Levin):
  S. 1712. A bill to re-establish and reform the independent counsel 
statute; to the Committee on Governmental Affairs.
  Mr. LIEBERMAN. Mr. President, I am very pleased to be joining today 
with Senator Levin in introducing the Independent Counsel Reform Act of 
2003. With this bill, we hope to convince our colleagues that an 
improved independent counsel statute can serve an essential purpose. We 
want to convince our colleagues that our legislation will preserve the 
ideals that motivated the enactment of this statute in the years after 
Watergate, that no person is above the law, and that our highest 
government officials must be subject to our laws in the same way as any 
other person. If they are guilty, they must be held accountable. If 
they are not, they must be cleared. In these cases the American people 
are more likely to trust the findings of an independent counsel's 
investigation and conclusions. Officials who are wrongly accused will 
receive vindication that is far more credible to the public than when 
it comes from the Department of Justice. As a result, the public's 
confidence in its government is enhanced by the independent counsel 
statute.
  In 1999, as the independent counsel law was expiring, I joined with 
Senators Levin, Specter, and Collins in introducing the Independent 
Counsel Reform Act of 1999. That year, we drafted new provisions to 
curb the excesses we had seen in some of the investigations conducted 
under the prior incarnation of the law. The revisions ensure that there 
will be fewer Independent Counsel appointed, and that their actions 
will in many respects be constrained by the same sorts of guidelines 
and practical restraints that govern regular federal prosecutors. The 
bill we are introducing today retains these suggested reforms. In fact, 
it is virtually identical to the Independent Counsel Reform Act of 
1999, with a single exception I will describe in a moment.
  We made those substantial changes after the Committee on Governmental 
Affairs had held five hearings on the Independent Counsel statute. 
During the hearings we heard from numerous witnesses who had served as 
Independent Counsel, and as Attorney General, from former prosecutors 
and from defense attorneys. Many witnesses supported the statute, even 
defense attorneys who had represented targets in Independent Counsel 
investigations. Both witnesses who opposed the statute outright, and 
those who advocated keeping it in some form, suggested a number of 
improvements to the statute. We carefully considered those 
recommendations before we sat down to draft a bill that retained the 
essential features of the old law while reducing its scope, limiting 
the powers of the Independent Counsel, and bringing greater 
transparency into the process.

  For example, the threshold for seeking the appointment of an 
Independent Counsel will be raised, so that a greater amount of 
evidence to back up allegations of criminal conduct will be required. 
The attorney General will also be entitled for the first time to issue 
subpoenas for evidence and convene grand juries during the preliminary 
investigation, and would be given more time to conduct preliminary 
investigations. This change responds to concerns that, in the past, the 
Attorney General's hands have been tied during the preliminary 
investigation stage. With our bill, the Department of Justice will be 
able to conduct a more substantial preliminary investigation.
  In another change that will reduce the number of Independent Counsel 
appointed, officials covered by the statute will be limited to the 
President, the Vice President, the President's Chief of Staff, and 
Cabinet members. This is a major reduction compared to the number of 
officials covered by the Independent Counsel statute when it expired. 
The Attorney General will retain the discretionary authority to appoint 
an Independent Counsel to investigate non-covered individuals when the 
Attorney General determines that investigation or prosecution by the 
Department of Justice would result in a personal, financial or 
political conflict of interest. This discretionary authority was part 
of the Independent Counsel law from 1983 to 1999; although the 
provision was not included in the bill we introduced that year, it has 
been included in this bill because of the promulgation, after our bill 
was introduced, of new regulations by the Department of Justice.
  In many administrations, high level political advisers can have 
enormous influence, much more even than some Cabinet members. When we 
first introduced the Independent Counsel Reform Act of 1999, I hoped 
that criminal allegations against officials not covered by the statute 
could be handled either by the Department of Justice, or, in cases 
involving high-level officials or other conflicts of interest, through 
the appointment by the Attorney General of a Special Counsel. After our 
bill was introduced, however, then Attorney General Reno issued revised 
regulations for the appointment of Special Counsel, which provide that 
the Attorney General may block any investigative or prosecutorial 
action being pursued by the Special Counsel. The regulations also allow 
the Attorney General to shut down the investigation entirely, or starve 
it of funds. These revisions, and others, constituted a major reduction 
in a Special Counsel's autonomy. As Robert Fiske had testified during 
our committee hearings in 1999, he accepted his 1994 appointment to be 
the Whitewater Special Counsel only after satisfying himself that the 
regulations then in effect granted him the same powers as would have 
been available to an Independent Counsel. Now, with the variety of 
control mechanisms in place under the Department's 1999 regulations, it 
is far too easy for an Attorney General to stifle an investigation in 
ways less dramatic and less public than actually removing the Special 
Counsel.

  Under the legislation we are introducing today, each Independent 
Counsel will have to devote his full time to the position for the 
duration of his tenure. This will prevent the appearance of conflicts 
that may arise when an Independent Counsel continues with his private 
legal practice, and it will expedite investigations as well. The 
Independent Counsel will also be expected to conform his conduct to the 
written guidelines and established policies of the Department of 
Justice. The prior version of that requirement contained a loophole, 
which has been eliminated.
  There have been many complaints about runaway prosecutors, who 
continued their investigations longer than was necessary or 
appropriate. Our bill will impose a time limit of two years on 
investigations by Independent Counsel. The Special Division of the 
Court of Appeals will be able to grant extensions of time, however, for 
good cause and to compensate for dilatory tactics by opposing counsel. 
Imposing a time limit with flexibility allows Independent Counsel the 
time they genuinely need to complete their investigations, and deters 
defense counsel from using the time limit strategically to escape 
justice. But the time limit will also encourage future Independent 
Counsel to bring their investigations to an expeditious conclusion, and 
not chase down every imaginable lead.
  Our bill makes another important change that will prevent expansion 
of investigations into unrelated areas. Until now the statute has 
allowed the Attorney General to request an expansion of an Independent 
Counsel's prosecutorial jurisdiction into unrelated areas. This 
happened several times with Judge Starr's investigation, and I believe 
those expansions contributed to a perception that the prosecutor was 
pursuing the person and not the crime. An Independent Counsel must not 
exist to pursue every possible lead against his target until he finds 
some taint of criminality. His function, our bill makes clear, is to 
investigate that subject matter given him in his original grant of 
prosecutorial jurisdiction.
  We are bringing greater budgetary transparency to the process by 
directing the Independent Counsel to produce an estimated budget for 
each year, and by allowing the General Accounting Office to comment on 
that budget. This greater transparency will provide more incentive for 
Counsel to budget responsibly.
  Another correction we are making is to eliminate entirely the 
requirement that an Independent Counsel refer evidence of impeachable 
offenses to the House of Representatives. The impeachment power is one 
of Congress's essential Constitutional functions, and

[[Page S12453]]

no part of that role should be delegated by statute to a prosecutor.

  Our bill was unsuccessful in the 106th Congress. Perhaps one of the 
reasons was that we were still too close to one or two controversial 
investigations that turned some against the statute; perhaps the wounds 
were still too raw. Now with a fresh perspective gained through the 
passage of time, Congress should reconsider what it has given up by 
allowing the Independent Counsel law to lapse for the past four years. 
Hopefully, occasions will be few and far between when serious and 
credible criminal allegations emerge against high-level officials. When 
this happens, however, the public will question how we can be certain 
that the incident is being appropriately investigated. Indeed, in the 
absence of an Independent Counsel law, some may even question whether 
allegations are as likely to surface in the first place. If people with 
knowledge of criminal wrongdoing suspect that their information may be 
covered up rather than acted upon, they would be less likely to take 
the risk of coming forward.
  The controversy that has enveloped the White House in the past week 
illustrates the need for an Independent Counsel law. According to news 
reports, two high-level Administration figures, which some reports have 
placed in the White House, willfully disclosed the name of a covert CIA 
operative. If true, this disclosure would be a serious criminal law 
violation, one that may well have endangered not just the covert 
operative, but the people abroad who worked with her in service to the 
United States. The disclosures were reportedly made to punish the 
agent's husband, Ambassador Joseph Wilson, for questioning the accuracy 
of comments made by the President about Iraq's nuclear weapons program. 
The Department of Justice recently initiated an investigation, but 
according to a recent poll the public overwhelmingly prefers that the 
investigation not be handled by the Department. Although we do not yet 
know which individuals may be implicated as a result of a thorough 
investigation, many Americans question whether Attorney General 
Ashcroft can preside impartially over a probe that could prove very 
damaging to his close associates in the White House, and to the 
President. An Independent Counsel statute is absolutely essential so 
that we have an institutionalized means for addressing allegations such 
as these. We should not, as we are now, forced into an ad hoc and 
situationally driven discussion of whether the Department of Justice 
can investigate a particular case.
  I have always believed that the Independent Counsel statute embodies 
certain principles fundamental to our democracy. The alternative to an 
Independent Counsel statute is a system in which the Attorney General 
must decide how to handle substantive allegations against colleagues in 
the Cabinet, or against the President. Often the President and the 
Attorney General are long-time friends and political allies. The 
Attorney General will not be trusted by some to ensure that an unbiased 
investigation will be conducted. In other cases, many will question the 
thoroughness of an investigation directed from inside the Department. 
In a time of great public cynicism about government, the Independent 
Counsel statute guarantees that even the President and his highest 
officials will have to answer for their criminal malfeasance. In that 
sense, this statute upholds the rule of law and will help stem the 
distrust toward government. The Independent Counsel statute embodies 
the bedrock American principle that no person is above the law.
  I ask unanimous consent that the text of the Independent Counsel 
Reform Act of 2003 be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1712

       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

[[Page S12454]]

     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

[[Page S12455]]

     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

[[Page S12456]]

     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

[[Page S12457]]

     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

[[Page S12458]]

     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.''.
                                 ______