II

106TH CONGRESS

1ST SESSION S. 1297

To make improvements in the independent counsel statute.

IN THE SENATE OF THE UNITED STATES

JUNE 29, 1999

Mr. SPECTER (for himself, Mr. LIEBERMAN, Ms. COLLINS, and Mr. LEVIN)

introduced the following bill; which was read twice and referred to the

Committee on Governmental Affairs

A BILL

To make improvements in the independent counsel statute.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Independent Counsel

5 Reform Act of 1999’’.

6 SEC. 2. INDEPENDENT COUNSEL STATUTE.

7 Chapter 40 of title 28, United States Code, is amend8 ed to read as follows:

9 ‘‘CHAPTER 40—INDEPENDENT COUNSEL

‘‘Sec.

‘‘591. Applicability of provisions of this chapter.
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‘‘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.

1 ‘‘§ 591. Applicability of provisions of this chapter

2 ‘‘(a) PRELIMINARY INVESTIGATION WITH RESPECT

3 TO CERTAIN COVERED PERSONS.—The Attorney General

4 shall conduct a preliminary investigation in accordance

5 with section 592 whenever the Attorney General receives

6 information sufficient to constitute grounds to investigate

7 whether any person described in subsection (b) may have

8 violated any Federal criminal law other than a violation

9 classified as a Class B or C misdemeanor or an infraction.

10 ‘‘(b) PERSONS TO WHOM SUBSECTION (a) AP11 PLIES.—The persons referred to in subsection (a) are—

12 ‘‘(1) the President and Vice President;

13 ‘‘(2) any individual serving in a position listed

14 in section 5312 of title 5; and

15 ‘‘(3) the Chief of Staff to the President.

16 ‘‘(c) EXAMINATION OF INFORMATION TO DETER17 MINE NEED FOR PRELIMINARY INVESTIGATION.—

18 ‘‘(1) FACTORS TO BE CONSIDERED.—In deter19 mining under subsection (a) or section 592(c)(2)

20 whether grounds to investigate exist, the Attorney

21 General shall consider only—
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1 ‘‘(A) the specificity of the information re2 ceived; and

3 ‘‘(B) the credibility of the source of the in4 formation.

5 ‘‘(2) TIME PERIOD FOR MAKING DETERMINA6 TION.—The Attorney General shall determine wheth7 er grounds to investigate exist not later than 30

8 days after the information is first received. If within

9 that 30-day period the Attorney General determines

10 that the information is not specific or is not from a

11 credible source, then the Attorney General shall

12 close the matter. If within that 30-day period the

13 Attorney General determines that the information is

14 specific and from a credible source, the Attorney

15 General shall, upon making that determination, com16 mence a preliminary investigation with respect to

17 that information. If the Attorney General is unable

18 to determine, within that 30-day period, whether the

19 information is specific and from a credible source,

20 the Attorney General shall, at the end of that 30-

21 day period, commence a preliminary investigation

22 with respect to that information.

23 ‘‘(d) RECUSAL OF ATTORNEY GENERAL.—

24 ‘‘(1) WHEN RECUSAL IS REQUIRED.—
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1 ‘‘(A) INVOLVING THE ATTORNEY GEN2 ERAL.—If information received under this chap3 ter involves the Attorney General, the next most

4 senior official in the Department of Justice who

5 is not also recused shall perform the duties as6 signed under this chapter to the Attorney Gen7 eral.

8 ‘‘(B) PERSONAL OR FINANCIAL RELATION9 SHIP.—If information received under this chap10 ter involves a person with whom the Attorney

11 General has a personal or financial relationship,

12 the Attorney General shall recuse himself or

13 herself by designating the next most senior offi14 cial in the Department of Justice who is not

15 also recused to perform the duties assigned

16 under this chapter to the Attorney General.

17 ‘‘(2) REQUIREMENTS FOR RECUSAL DETER18 MINATION.—Before personally making any other de19 termination under this chapter with respect to infor20 mation received under this chapter, the Attorney

21 General shall determine under paragraph (1)(B)

22 whether recusal is necessary. The Attorney General

23 shall set forth this determination in writing, identify

24 the facts considered by the Attorney General, and

25 set forth the reasons for the recusal. The Attorney
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1 General shall file this determination with any notifi2 cation or application submitted to the division of the

3 court under this chapter with respect to that infor4 mation.

5 ‘‘§ 592. Preliminary investigation and application for

6 appointment of an independent counsel

7 ‘‘(a) CONDUCT OF PRELIMINARY INVESTIGATION.—

8 ‘‘(1) IN GENERAL.—A preliminary investigation

9 conducted under this chapter shall be of those mat10 ters as the Attorney General considers appropriate

11 in order to make a determination, under subsection

12 (b) or (c), with respect to each potential violation, or

13 allegation of a violation, of criminal law. The Attor14 ney General shall make that determination not later

15 than 120 days after the preliminary investigation is

16 commenced, except that, in the case of a preliminary

17 investigation commenced after a congressional re18 quest under subsection (g), the Attorney General

19 shall make that determination not later than 120

20 days after the request is received. The Attorney

21 General shall promptly notify the division of the

22 court specified in section 593(a) of the commence23 ment of that preliminary investigation and the date

24 of commencement.
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1 ‘‘(2) LIMITED AUTHORITY OF ATTORNEY GEN2 ERAL.—

3 ‘‘(A) IN GENERAL.—In conducting prelimi4 nary investigations under this chapter, the At5 torney General shall have no authority to plea

6 bargain or grant immunity. The Attorney Gen7 eral shall have the authority to convene grand

8 juries and issue subpoenas.

9 ‘‘(B) NOT TO BE BASIS OF DETERMINA10 TIONS.—The Attorney General shall not base a

11 determination under this chapter—

12 ‘‘(i) that information with respect to a

13 violation of criminal law by a person is not

14 specific and from a credible source upon a

15 determination that that person lacked the

16 state of mind required for the violation of

17 criminal law; or

18 ‘‘(ii) that there are no substantial

19 grounds to believe that further investiga20 tion is warranted, upon a determination

21 that that person lacked the state of mind

22 required for the criminal violation involved,

23 unless there is a preponderance of the evi24 dence that the person lacked that state of

25 mind.
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1 ‘‘(3) EXTENSION OF TIME FOR PRELIMINARY

2 INVESTIGATION.—The Attorney General may apply

3 to the division of the court for a single extension, for

4 a period of not more than 90 days, of the 120-day

5 period referred to in paragraph (1). The division of

6 the court may, upon a showing of good cause, grant

7 that extension.

8 ‘‘(b) DETERMINATION THAT FURTHER INVESTIGA9 TION NOT WARRANTED.—

10 ‘‘(1) NOTIFICATION OF DIVISION OF THE

11 COURT.—If the Attorney General, upon completion

12 of a preliminary investigation under this chapter, de13 termines that there are no substantial grounds to

14 believe that further investigation is warranted, the

15 Attorney General shall promptly so notify the divi16 sion of the court, and the division of the court shall

17 have no power to appoint an independent counsel

18 with respect to the matters involved.

19 ‘‘(2) FORM OF NOTIFICATION.—Notification

20 under paragraph (1) shall contain a summary of the

21 information received and a summary of the results

22 of the preliminary investigation.

23 ‘‘(c) DETERMINATION THAT FURTHER INVESTIGA24 TION IS WARRANTED.—
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1 ‘‘(1) APPLICATION FOR APPOINTMENT OF INDE2 PENDENT COUNSEL.—The Attorney General shall

3 apply to the division of the court for the appoint4 ment of an independent counsel if—

5 ‘‘(A) the Attorney General, upon comple6 tion of a preliminary investigation under this

7 chapter, determines that there are substantial

8 grounds to believe that further investigation is

9 warranted; or

10 ‘‘(B) the 120-day period referred to in sub11 section (a)(1), and any extension granted under

12 subsection (a)(3), have elapsed and the Attor13 ney General has not filed a notification with the

14 division of the court under subsection (b)(1).

15 In determining under this chapter whether there are

16 substantial grounds to believe that further investiga17 tion is warranted, the Attorney General shall comply

18 with the written or other established policies of the

19 Department of Justice with respect to the conduct

20 of criminal investigations.

21 ‘‘(2) RECEIPT OF ADDITIONAL INFORMATION.—

22 If, after submitting a notification under subsection

23 (b)(1), the Attorney General receives additional in24 formation sufficient to constitute grounds to inves-
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1 tigate the matters to which that notification related,

2 the Attorney General shall—

3 ‘‘(A) conduct such additional preliminary

4 investigation as the Attorney General considers

5 appropriate for a period of not more than 120

6 days after the date on which that additional in7 formation is received; and

8 ‘‘(B) otherwise comply with the provisions

9 of this section with respect to that additional

10 preliminary investigation to the same extent as

11 any other preliminary investigation under this

12 section.

13 ‘‘(d) CONTENTS OF APPLICATION.—Any application

14 for the appointment of an independent counsel under this

15 chapter shall contain sufficient information to assist the

16 division of the court in selecting an independent counsel

17 and in defining that independent counsel’s prosecutorial

18 jurisdiction so that the independent counsel has adequate

19 authority to fully investigate and prosecute the subject

20 matter and all matters directly related to that subject mat21 ter.

22 ‘‘(e) DISCLOSURE OF INFORMATION.—Except as oth23 erwise provided in this chapter or as is deemed necessary

24 for law enforcement purposes, no officer or employee of

25 the Department of Justice or an office of independent
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1 counsel may, without leave of the division of the court,

2 disclose to any individual outside the Department of Jus3 tice or that office any notification, application, or any

4 other document, materials, or memorandum supplied to

5 the division of the court under this chapter. Nothing in

6 this chapter shall be construed as authorizing the with7 holding of information from the Congress.

8 ‘‘(f) LIMITATION ON JUDICIAL REVIEW.—The Attor9 ney General’s determination under this chapter to apply

10 to the division of the court for the appointment of an inde11 pendent counsel shall not be reviewable in any court.

12 ‘‘(g) CONGRESSIONAL REQUEST.—

13 ‘‘(1) BY JUDICIARY COMMITTEE OR MEMBERS

14 THEREOF.—The Committee on the Judiciary of ei15 ther House of the Congress, or a majority of major16 ity party members or a majority of all nonmajority

17 party members of either such committee, may re18 quest in writing that the Attorney General apply for

19 the appointment of an independent counsel.

20 ‘‘(2) REPORT BY ATTORNEY GENERAL PURSU21 ANT TO REQUEST.—Not later than 30 days after the

22 receipt of a request under paragraph (1), the Attor23 ney General shall submit, to the committee making

24 the request, or to the committee on which the per25 sons making the request serve, a report on whether
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1 the Attorney General has begun or will begin a pre2 liminary investigation under this chapter of the mat3 ters with respect to which the request is made, in

4 accordance with section 591(a). The report shall set

5 forth the reasons for the Attorney General’s decision

6 regarding the preliminary investigation as it relates

7 to each of the matters with respect to which the con8 gressional request is made. If there is such a pre9 liminary investigation, the report shall include the

10 date on which the preliminary investigation began or

11 will begin.

12 ‘‘(3) SUBMISSION OF INFORMATION IN RE13 SPONSE TO CONGRESSIONAL REQUEST.—At the

14 same time as any notification, application, or any

15 other document, material, or memorandum is sup16 plied to the division of the court pursuant to this

17 section with respect to a preliminary investigation of

18 any matter with respect to which a request is made

19 under paragraph (1), that notification, application,

20 or other document, material, or memorandum shall

21 be supplied to the committee making the request, or

22 to the committee on which the persons making the

23 request serve. If no application for the appointment

24 of an independent counsel is made to the division of

25 the court under this section pursuant to such a pre-
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1 liminary investigation, the Attorney General shall

2 submit a report to that committee stating the rea3 sons why the application was not made, addressing

4 each matter with respect to which the congressional

5 request was made.

6 ‘‘(4) DISCLOSURE OF INFORMATION.—Any re7 port, notification, application, or other document,

8 material, or memorandum supplied to a committee

9 under this subsection shall not be revealed to any

10 third party, except that the committee may, either

11 on its own initiative or upon the request of the At12 torney General, make public such portion or portions

13 of that report, notification, application, document,

14 material, or memorandum as will not in the commit15 tee’s judgment prejudice the rights of any individual.

16 ‘‘§ 593. Duties of the division of the court

17 ‘‘(a) REFERENCE TO DIVISION OF THE COURT.—The

18 division of the court to which this chapter refers is the

19 division established under section 49 of this title.

20 ‘‘(b) APPOINTMENT AND JURISDICTION OF INDE21 PENDENT COUNSEL.—

22 ‘‘(1) AUTHORITY.—Upon receipt of an applica23 tion under section 592(c), the division of the court

24 shall appoint an appropriate independent counsel

25 and define the independent counsel’s prosecutorial
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1 jurisdiction. The appointment shall be made from a

2 list of candidates comprised of 5 individuals rec3 ommended by the chief judge of each Federal circuit

4 and forwarded by January 15 of each year to the

5 division of the court.

6 ‘‘(2) QUALIFICATIONS OF INDEPENDENT COUN7 SEL.—The division of the court shall appoint as

8 independent counsel an individual who—

9 ‘‘(A) has appropriate experience, including,

10 to the extent practicable, prosecutorial experi11 ence and who has no actual or apparent per12 sonal, financial, or political conflict of interest;

13 ‘‘(B) will conduct the investigation on a

14 full-time basis and in a prompt, responsible,

15 and cost-effective manner; and

16 ‘‘(C) does not hold any office of profit or

17 trust under the United States.

18 ‘‘(3) SCOPE OF PROSECUTORIAL JURISDIC19 TION.—

20 ‘‘(A) IN GENERAL.—In defining the inde21 pendent counsel’s prosecutorial jurisdiction

22 under this chapter, the division of the court

23 shall assure that the independent counsel has

24 adequate authority to fully investigate and

25 prosecute—
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1 ‘‘(i) the subject matter with respect to

2 which the Attorney General has requested

3 the appointment of the independent coun4 sel; and

5 ‘‘(ii) all matters that are directly re6 lated to the independent counsel’s prosecu7 torial jurisdiction and the proper investiga8 tion and prosecution of the subject matter

9 of such jurisdiction.

10 ‘‘(B) DIRECTLY RELATED.—In this para11 graph, the term ‘directly related matters’ in12 cludes Federal crimes, other than those classi13 fied as Class B or C misdemeanors or infrac14 tions, that impede the investigation and pros15 ecution, such as perjury, obstruction of justice,

16 destruction of evidence, and intimidation of wit17 nesses.

18 ‘‘(4) DISCLOSURE OF IDENTITY AND PROSECU19 TORIAL JURISDICTION.—An independent counsel’s

20 identity and prosecutorial jurisdiction may not be

21 made public except upon the request of the Attorney

22 General or upon a determination of the division of

23 the court that disclosure of the identity and prosecu24 torial jurisdiction of that independent counsel would

25 be in the best interests of justice. In any event, the
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1 identity and prosecutorial jurisdiction of the inde2 pendent counsel shall be made public when any in3 dictment is returned, or any criminal information is

4 filed, pursuant to the independent counsel’s inves5 tigation.

6 ‘‘(c) RETURN FOR FURTHER EXPLANATION.—Upon

7 receipt of a notification under section 592 from the Attor8 ney General that there are no substantial grounds to be9 lieve that further investigation is warranted with respect

10 to information received under this chapter, the division of

11 the court shall have no authority to overrule this deter12 mination but may return the matter to the Attorney Gen13 eral for further explanation of the reasons for that deter14 mination.

15 ‘‘(d) VACANCIES.—If a vacancy in office arises by

16 reason of the resignation, death, or removal of an inde17 pendent counsel, the division of the court shall appoint an

18 independent counsel to complete the work of the inde19 pendent counsel whose resignation, death, or removal

20 caused the vacancy, except that in the case of a vacancy

21 arising by reason of the removal of an independent coun22 sel, the division of the court may appoint an acting inde23 pendent counsel to serve until any judicial review of the

24 removal is completed.

25 ‘‘(e) ATTORNEYS’ FEES.—
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1 ‘‘(1) AWARD OF FEES.—Upon the request of an

2 individual who is the subject of an investigation con3 ducted by an independent counsel pursuant to this

4 chapter, the division of the court may, if no indict5 ment is brought against that individual pursuant to

6 the investigation, award reimbursement for those

7 reasonable attorneys’ fees incurred by the individual

8 during the investigation which would not have been

9 incurred but for the requirements of this chapter.

10 The division of the court shall notify the inde11 pendent counsel who conducted the investigation and

12 the Attorney General of any request for attorneys’

13 fees under this subsection.

14 ‘‘(2) EVALUATION OF FEES.—The division of

15 the court shall direct the independent counsel and

16 the Attorney General to file a written evaluation of

17 any request for attorneys’ fees under this subsection,

18 addressing—

19 ‘‘(A) the sufficiency of the documentation;

20 ‘‘(B) the need or justification for the un21 derlying item;

22 ‘‘(C) whether the underlying item would

23 have been incurred but for the requirements of

24 this chapter; and
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1 ‘‘(D) the reasonableness of the amount of

2 money requested.

3 ‘‘(f) DISCLOSURE OF INFORMATION.—The division of

4 the court may, subject to section 594(h)(2), allow the dis5 closure of any notification, application, or any other docu6 ment, material, or memorandum supplied to the division

7 of the court under this chapter.

8 ‘‘(g) AMICUS CURIAE BRIEFS.—When presented with

9 significant legal issues, the division of the court may dis10 close sufficient information about the issues to permit the

11 filing of timely amicus curiae briefs.

12 ‘‘§ 594. Authority and duties of an independent coun13 sel

14 ‘‘(a) AUTHORITIES.—Notwithstanding any other pro15 vision of law, an independent counsel appointed under this

16 chapter shall have, with respect to all matters in that inde17 pendent counsel’s prosecutorial jurisdiction established

18 under this chapter, full power and independent authority

19 to exercise all investigative and prosecutorial functions

20 and powers of the Department of Justice, the Attorney

21 General, and any other officer or employee of the Depart22 ment of Justice, except that the Attorney General shall

23 exercise direction or control as to those matters that spe24 cifically require the Attorney General’s personal action
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1 under section 2516 of title 18. Such investigative and

2 prosecutorial functions and powers shall include—

3 ‘‘(1) conducting proceedings before grand juries

4 and other investigations;

5 ‘‘(2) participating in court proceedings and en6 gaging in any litigation, including civil and criminal

7 matters, that the independent counsel considers nec8 essary;

9 ‘‘(3) appealing any decision of a court in any

10 case or proceeding in which the independent counsel

11 participates in an official capacity;

12 ‘‘(4) reviewing all documentary evidence avail13 able from any source;

14 ‘‘(5) determining whether to contest the asser15 tion of any testimonial privilege;

16 ‘‘(6) receiving appropriate national security

17 clearances and, if necessary, contesting in court (in18 cluding, where appropriate, participating in in cam19 era proceedings) any claim of privilege or attempt to

20 withhold evidence on grounds of national security;

21 ‘‘(7) making applications to any Federal court

22 for a grant of immunity to any witness, consistent

23 with applicable statutory requirements, or for war24 rants, subpoenas, or other court orders, and, for

25 purposes of sections 6003, 6004, and 6005 of title
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1 18, exercising the authority vested in a United

2 States attorney or the Attorney General;

3 ‘‘(8) inspecting, obtaining, or using the original

4 or a copy of any tax return, in accordance with the

5 applicable statutes and regulations, and, for pur6 poses of section 6103 of the Internal Revenue Code

7 of 1986 and the regulations issued thereunder, exer8 cising the powers vested in a United States attorney

9 or the Attorney General;

10 ‘‘(9) initiating and conducting prosecutions in

11 any court of competent jurisdiction, framing and

12 signing indictments, filing informations, and han13 dling all aspects of any case, in the name of the

14 United States; and

15 ‘‘(10) consulting with the United States attor16 ney for the district in which any violation of law

17 with respect to which the independent counsel is ap18 pointed was alleged to have occurred.

19 ‘‘(b) COMPENSATION.—

20 ‘‘(1) IN GENERAL.—An independent counsel ap21 pointed under this chapter shall receive compensa22 tion at the annual rate of basic pay payable for level

23 IV of the Executive Schedule under section 5315 of

24 title 5.
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1 ‘‘(2) TRAVEL EXPENSES.—Except as provided

2 in paragraph (3), an independent counsel and per3 sons appointed under subsection (c) shall be entitled

4 to the payment of travel expenses as provided by

5 subchapter I of chapter 57 of title 5, United States

6 Code, including travel, per diem, and subsistence ex7 penses in accordance with section 5703 of title 5.

8 ‘‘(3) TRAVEL TO PRIMARY OFFICE.—

9 ‘‘(A) IN GENERAL.—After 1 year of service

10 under this chapter, an independent counsel and

11 persons appointed under subsection (c) shall

12 not be entitled to the payment of travel, per

13 diem, or subsistence expenses under subchapter

14 I of chapter 57 of title 5, United States Code,

15 for the purpose of commuting to or from the

16 city in which the primary office of the inde17 pendent counsel or person is located. The 1-

18 year period may be extended for successive 6-

19 month periods if the independent counsel and

20 the division of the court certify that the pay21 ment is in the public interest to carry out the

22 purposes of this chapter.

23 ‘‘(B) RELEVANT FACTORS.—In making

24 any certification under this paragraph with re25 spect to travel and subsistence expenses of an
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1 independent counsel or person appointed under

2 subsection (c), that employee shall consider,

3 among other relevant factors—

4 ‘‘(i) the cost to the Government of re5 imbursing those travel and subsistence ex6 penses;

7 ‘‘(ii) the period of time for which the

8 independent counsel anticipates that the

9 activities of the independent counsel or

10 person, as the case may be, will continue;

11 ‘‘(iii) the personal and financial bur12 dens on the independent counsel or person,

13 as the case may be, of relocating so that

14 the travel and subsistence expenses would

15 not be incurred; and

16 ‘‘(iv) the burdens associated with ap17 pointing a new independent counsel, or ap18 pointing another person under subsection

19 (c), to replace the individual involved who

20 is unable or unwilling to so relocate.

21 ‘‘(c) ADDITIONAL PERSONNEL.—For the purposes of

22 carrying out the duties of an office of independent counsel,

23 an independent counsel may appoint, fix the compensa24 tion, and assign the duties of such employees as such inde25 pendent counsel considers necessary (including investiga-
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1 tors, attorneys, and part-time consultants). The positions

2 of all such employees are exempted from the competitive

3 service. Such employees shall be compensated at levels not

4 to exceed those payable for comparable positions in the

5 Office of United States Attorney for the District of Colum6 bia under sections 548 and 550, but in no event shall any

7 such employee be compensated at a rate greater than the

8 rate of basic pay payable for level ES–4 of the Senior Ex9 ecutive Service Schedule under section 5382 of title 5, as

10 adjusted for the District of Columbia under section 5304

11 of that title regardless of the locality in which an employee

12 is employed.

13 ‘‘(d) ASSISTANCE OF DEPARTMENT OF JUSTICE.—

14 ‘‘(1) IN CARRYING OUT FUNCTIONS.—An inde15 pendent counsel may request assistance from the

16 Department of Justice in carrying out the functions

17 of the independent counsel, and the Department of

18 Justice shall provide that assistance, which may in19 clude access to any records, files, or other materials

20 relevant to matters within that independent coun21 sel’s prosecutorial jurisdiction, and the use of the re22 sources and personnel necessary to perform that

23 independent counsel’s duties. At the request of an

24 independent counsel, prosecutors, administrative per25 sonnel, and other employees of the Department of
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1 Justice may be detailed to the staff of the inde2 pendent counsel to the extent the number of staff so

3 detailed is reasonably related to the number of staff

4 ordinarily assigned by the Department to conduct an

5 investigation of similar size and complexity.

6 ‘‘(2) PAYMENT OF AND REPORTS ON EXPENDI7 TURES OF INDEPENDENT COUNSEL.—The Depart8 ment of Justice shall pay all costs relating to the es9 tablishment and operation of any office of inde10 pendent counsel. The Attorney General shall submit

11 to the Congress, not later than 30 days after the

12 end of each fiscal year, a report on amounts paid

13 during that fiscal year for expenses of investigations

14 and prosecutions by independent counsel. Each such

15 report shall include a statement of all payments

16 made for activities of independent counsel but may

17 not reveal the identity or prosecutorial jurisdiction of

18 any independent counsel which has not been dis19 closed under section 593(b)(4).

20 ‘‘(e) REFERRAL OF DIRECTLY RELATED MATTERS

21 TO AN INDEPENDENT COUNSEL.—An independent coun22 sel may ask the Attorney General or the division of the

23 court to refer to the independent counsel only such mat24 ters that are directly related to the independent counsel’s

25 prosecutorial jurisdiction, and the Attorney General or the
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1 division of the court, as the case may be, may refer such

2 matters. If the Attorney General refers a matter to an

3 independent counsel on the Attorney General’s own initia4 tive, the independent counsel may accept that referral only

5 if the matter directly relates to the independent counsel’s

6 prosecutorial jurisdiction. If the Attorney General refers

7 any matter to the independent counsel pursuant to the

8 independent counsel’s request, or if the independent coun9 sel accepts a referral made by the Attorney General on

10 the Attorney General’s own initiative, the independent

11 counsel shall so notify the division of the court.

12 ‘‘(f) COMPLIANCE WITH POLICIES OF THE DEPART13 MENT OF JUSTICE.—

14 ‘‘(1) IN GENERAL.—An independent counsel

15 shall comply with the written or other established

16 policies of the Department of Justice respecting en17 forcement of the criminal laws except when that pol18 icy requires the specific approval of the Attorney

19 General or another Department of Justice official. If

20 a policy requires the approval of the Attorney Gen21 eral or other Department of Justice official, an inde22 pendent counsel is encouraged to consult with the

23 Attorney General or other official. To identify and

24 understand these policies and policies under sub-
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1 section (l)(1)(B), the independent counsel shall con2 sult with the Department of Justice.

3 ‘‘(2) NATIONAL SECURITY.—An independent

4 counsel shall comply with guidelines and procedures

5 used by the Department in the handling and use of

6 classified material.

7 ‘‘(3) RELIEF FROM A VIOLATION OF POLI8 CIES.—

9 ‘‘(A) IN GENERAL.—A person who is a tar10 get, witness, or defendant in, or otherwise di11 rectly affected by, an investigation by an inde12 pendent counsel and who has reason to believe

13 that the independent counsel is violating a writ14 ten policy of the Department of Justice mate15 rial to the independent counsel’s investigation,

16 may ask the Attorney General to determine

17 whether the independent counsel has violated

18 that policy. The Attorney General shall respond

19 in writing within 30 days.

20 ‘‘(B) RELIEF.—If the Attorney General

21 determines that the independent counsel has

22 violated a written policy of the Department of

23 Justice material to the investigation by the

24 independent counsel pursuant to subparagraph

25 (A), the Attorney General may ask the division
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1 of the court to order the independent counsel to

2 comply with that policy, and the division of the

3 court may order appropriate relief.

4 ‘‘(g) DISMISSAL OF MATTERS.—The independent

5 counsel shall have full authority to dismiss matters within

6 the independent counsel’s prosecutorial jurisdiction with7 out conducting an investigation or at any subsequent time

8 before prosecution, if to do so would be consistent with

9 the written or other established policies of the Department

10 of Justice with respect to the enforcement of criminal

11 laws.

12 ‘‘(h) REPORTS BY INDEPENDENT COUNSEL.—

13 ‘‘(1) REQUIRED REPORTS.—An independent

14 counsel shall—

15 ‘‘(A) file with the division of the court,

16 with respect to the 6-month period beginning on

17 the date of his or her appointment, and with re18 spect to each 6-month period thereafter until

19 the office of that independent counsel termi20 nates, a report which identifies and explains

21 major expenses, and summarizes all other ex22 penses, incurred by that office during the 6-

23 month period with respect to which the report

24 is filed, and estimates future expenses of that

25 office; and
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1 ‘‘(B) before the termination of the inde2 pendent counsel’s office under section 596(b),

3 file a final report with the division of the court,

4 setting forth only the following:

5 ‘‘(i) the jurisdiction of the inde6 pendent counsel’s investigation;

7 ‘‘(ii) a list of indictments brought by

8 the independent counsel and the disposi9 tion of each indictment, including any ver10 dicts, pleas, convictions, pardons, and sen11 tences; and

12 ‘‘(iii) a summary of the expenses of

13 the independent counsel’s office.

14 ‘‘(2) DISCLOSURE OF INFORMATION IN RE15 PORTS.—The division of the court may release to the

16 Congress, the public, or any appropriate person,

17 those portions of a report made under this sub18 section as the division of the court considers appro19 priate. The division of the court shall make those or20 ders as are appropriate to protect the rights of any

21 individual named in that report and to prevent

22 undue interference with any pending prosecution.

23 The division of the court may make any portion of

24 a final report filed under paragraph (1)(B) available

25 to any individual named in that report for the pur-
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1 poses of receiving within a time limit set by the divi2 sion of the court any comments or factual informa3 tion that the individual may submit. Such comments

4 and factual information, in whole or in part, may, in

5 the discretion of the division of the court, be in6 cluded as an appendix to the final report.

7 ‘‘(3) PUBLICATION OF REPORTS.—At the re8 quest of an independent counsel, the Public Printer

9 shall cause to be printed any report previously re10 leased to the public under paragraph (2). The inde11 pendent counsel shall certify the number of copies

12 necessary for the public, and the Public Printer shall

13 place the cost of the required number to the debit

14 of the independent counsel. Additional copies shall

15 be made available to the public through the deposi16 tory library program and Superintendent of Docu17 ments sales program pursuant to sections 1702 and

18 1903 of title 44.

19 ‘‘(i) INDEPENDENCE FROM DEPARTMENT OF JUS20 TICE.—Each independent counsel appointed under this

21 chapter, and the persons appointed by that independent

22 counsel under subsection (c), are employees of the Depart23 ment of Justice for purposes of sections 202 through 209

24 of title 18.
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1 ‘‘(j) STANDARDS OF CONDUCT APPLICABLE TO

2 INDEPENDENT COUNSEL, PERSONS SERVING IN THE OF3 FICE OF AN INDEPENDENT COUNSEL, AND THEIR LAW

4 FIRMS.—

5 ‘‘(1) RESTRICTIONS ON EMPLOYMENT WHILE

6 INDEPENDENT COUNSEL AND APPOINTEES ARE

7 SERVING.—

8 ‘‘(A) INDEPENDENT COUNSEL.—During

9 the period in which an independent counsel is

10 serving under this chapter—

11 ‘‘(i) that independent counsel shall

12 have no other paid employment; and

13 ‘‘(ii) any person associated with a

14 firm with which that independent counsel

15 is associated may not represent in any

16 matter any person involved in any inves17 tigation or prosecution under this chapter.

18 ‘‘(B) OTHER PERSONS.—During the period

19 in which any person appointed by an inde20 pendent counsel under subsection (c) is serving

21 in the office of independent counsel, that person

22 may not represent in any matter any person in23 volved in any investigation or prosecution under

24 this chapter.
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•S 1297 IS

1 ‘‘(2) POST EMPLOYMENT RESTRICTIONS ON

2 INDEPENDENT COUNSEL AND APPOINTEES.—Each

3 independent counsel and each person appointed by

4 that independent counsel under subsection (c) may

5 not—

6 ‘‘(A) for 3 years following the termination

7 of the service under this chapter of that inde8 pendent counsel or appointed person, as the

9 case may be, represent any person in any mat10 ter if that individual was the subject of an in11 vestigation or prosecution under this chapter

12 that was conducted by that independent coun13 sel; or

14 ‘‘(B) for 1 year following the termination

15 of the service under this chapter of that inde16 pendent counsel or appointed person, as the

17 case may be, represent any person in any mat18 ter involving any investigation or prosecution

19 under this chapter.

20 ‘‘(3) ONE-YEAR BAN ON REPRESENTATION BY

21 MEMBERS OF FIRMS OF INDEPENDENT COUNSEL.—

22 Any person who is associated with a firm with which

23 an independent counsel is associated or becomes as24 sociated after termination of the service of that inde25 pendent counsel under this chapter may not, for 1
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1 year following that termination, represent any per2 son in any matter involving any investigation or

3 prosecution under this chapter.

4 ‘‘(4) DEFINITIONS.—For purposes of this

5 subsection—

6 ‘‘(A) the term ‘firm’ means a law firm

7 whether organized as a partnership or corpora8 tion; and

9 ‘‘(B) a person is ‘associated’ with a firm if

10 that person is an officer, director, partner, or

11 other member or employee of that firm.

12 ‘‘(5) ENFORCEMENT.—The Attorney General

13 and the Director of the Office of Government Ethics

14 have authority to enforce compliance with this sub15 section. The designated agency ethics official for the

16 Department of Justice shall be the ethics adviser for

17 the independent counsel and employees of the inde18 pendent counsel.

19 ‘‘(k) CUSTODY OF RECORDS OF AN INDEPENDENT

20 COUNSEL.—

21 ‘‘(1) TRANSFER OF RECORDS.—Upon termi22 nation of the office of an independent counsel, that

23 independent counsel shall transfer to the Archivist of

24 the United States all records which have been cre25 ated or received by that office. Before this transfer,
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•S 1297 IS

1 the independent counsel shall clearly identify which

2 of these records are subject to rule 6(e) of the Fed3 eral Rules of Criminal Procedure as grand jury ma4 terials and which of these records have been classi5 fied as national security information. Any records

6 which were compiled by an independent counsel and,

7 upon termination of the independent counsel’s office,

8 were stored with the division of the court or else9 where before the enactment of the Independent

10 Counsel Reauthorization Act of 1987, shall also be

11 transferred to the Archivist of the United States by

12 the division of the court or the person in possession

13 of those records.

14 ‘‘(2) MAINTENANCE, USE, AND DISPOSAL OF

15 RECORDS.—Records transferred to the Archivist

16 under this chapter shall be maintained, used, and

17 disposed of in accordance with chapters 21, 29, and

18 33 of title 44.

19 ‘‘(3) ACCESS TO RECORDS.—

20 ‘‘(A) IN GENERAL.—Subject to paragraph

21 (4), access to the records transferred to the Ar22 chivist under this chapter shall be governed by

23 section 552 of title 5.

24 ‘‘(B) ACCESS BY DEPARTMENT OF JUS25 TICE.—The Archivist shall, upon written appli-
33

•S 1297 IS

1 cation by the Attorney General, disclose any

2 such records to the Department of Justice for

3 purposes of an ongoing law enforcement inves4 tigation or court proceeding, except that, in the

5 case of grand jury materials, those records shall

6 be so disclosed only by order of the court of

7 jurisdiction under rule 6(e) of the Federal

8 Rules of Criminal Procedure.

9 ‘‘(C) EXCEPTION.—Notwithstanding any

10 restriction on access imposed by law, the Archi11 vist and persons employed by the National Ar12 chives and Records Administration who are en13 gaged in the performance of normal archival

14 work shall be permitted access to the records

15 transferred to the Archivist under this chapter.

16 ‘‘(4) RECORDS PROVIDED BY CONGRESS.—

17 Records of an investigation conducted by a com18 mittee of the House of Representatives or the Senate

19 which are provided to an independent counsel to as20 sist in an investigation or prosecution conducted by

21 that independent counsel—

22 ‘‘(A) shall be maintained as a separate

23 body of records within the records of the inde24 pendent counsel; and
34

•S 1297 IS

1 ‘‘(B) shall, after the records have been

2 transferred to the Archivist under this chapter,

3 be made available, except as provided in para4 graph (3) (B) and (C), in accordance with the

5 rules governing release of the records of the

6 House of Congress that provided the records to

7 the independent counsel.

8 Subparagraph (B) shall not apply to those records

9 which have been surrendered pursuant to grand jury

10 or court proceedings.

11 ‘‘(l) COST AND ADMINISTRATIVE SUPPORT.—

12 ‘‘(1) COST CONTROLS.—

13 ‘‘(A) IN GENERAL.—An independent coun14 sel shall—

15 ‘‘(i) conduct all activities with due re16 gard for expense;

17 ‘‘(ii) authorize only reasonable and

18 lawful expenditures; and

19 ‘‘(iii) promptly, upon taking office, as20 sign to a specific employee the duty of cer21 tifying that expenditures of the inde22 pendent counsel are reasonable and made

23 in accordance with law.

24 ‘‘(B) LIABILITY FOR INVALID CERTIFI25 CATION.—An employee making a certification
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1 under subparagraph (A)(iii) shall be liable for

2 an invalid certification to the same extent as a

3 certifying official certifying a voucher is liable

4 under section 3528 of title 31.

5 ‘‘(C) DEPARTMENT OF JUSTICE POLI6 CIES.—An independent counsel shall comply

7 with the established policies of the Department

8 of Justice respecting expenditures of funds.

9 ‘‘(2) BUDGET.—The independent counsel, after

10 consulting with the Attorney General, shall, within

11 90 days of appointment, submit a budget for the

12 first year of the investigation and, on the anniver13 sary of the appointment, for each year thereafter to

14 the Attorney General and the General Accounting

15 Office. The General Accounting Office shall review

16 the budget and submit a written appraisal of the

17 budget to the independent counsel and the Commit18 tees on Governmental Affairs and Appropriations of

19 the Senate and the Committees on the Judiciary and

20 Appropriations of the House of Representatives.

21 ‘‘(3) ADMINISTRATIVE SUPPORT.—The Director

22 of the Administrative Office of the United States

23 Courts shall provide administrative support and

24 guidance to each independent counsel. No officer or

25 employee of the Administrative Office of the United
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1 States Courts shall disclose information related to

2 an independent counsel’s expenditures, personnel, or

3 administrative acts or arrangements without the au4 thorization of the independent counsel.

5 ‘‘(4) OFFICE SPACE.—The Administrator of

6 General Services, in consultation with the Director

7 of the Administrative Office of the United States

8 Courts, shall promptly provide appropriate office

9 space for each independent counsel. The office space

10 shall be within a Federal building unless the Admin11 istrator of General Services determines that other

12 arrangements would cost less. Until the office space

13 is provided, the Administrative Office of the United

14 States Courts shall provide newly appointed inde15 pendent counsels immediately upon appointment

16 with appropriate, temporary office space, equipment,

17 and supplies.

18 ‘‘(m) EXPEDITED JUDICIAL CONSIDERATION AND

19 REVIEW.—It shall be the duty of the courts of the United

20 States to advance on the docket and to expedite to the

21 greatest extent possible the disposition of matters relating

22 to an investigation and prosecution by an independent

23 counsel under this chapter consistent with the purposes

24 of this chapter.
37

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1 ‘‘§ 595. Congressional oversight

2 ‘‘(a) OVERSIGHT OF CONDUCT OF INDEPENDENT

3 COUNSEL.—

4 ‘‘(1) CONGRESSIONAL OVERSIGHT.—The appro5 priate committees of the Congress shall have over6 sight jurisdiction with respect to the official conduct

7 of any independent counsel appointed under this

8 chapter, and the independent counsel shall have the

9 duty to cooperate with the exercise of that oversight

10 jurisdiction.

11 ‘‘(2) REPORTS TO CONGRESS.—An independent

12 counsel appointed under this chapter shall submit to

13 the Congress annually a report on the activities of

14 the independent counsel, including a description of

15 the progress of any investigation or prosecution con16 ducted by the independent counsel. The report may

17 omit any matter that in the judgment of the inde18 pendent counsel should be kept confidential, but

19 shall provide information adequate to justify the ex20 penditures that the office of the independent counsel

21 has made.

22 ‘‘(b) OVERSIGHT OF CONDUCT OF ATTORNEY GEN23 ERAL.—Within 15 days after receiving an inquiry about

24 a particular case under this chapter, which is a matter

25 of public knowledge, from a committee of the Congress

26 with jurisdiction over this chapter, the Attorney General
38

•S 1297 IS

1 shall provide the following information to that committee

2 with respect to the case:

3 ‘‘(1) When the information about the case was

4 received.

5 ‘‘(2) Whether a preliminary investigation is

6 being conducted, and if so, the date it began.

7 ‘‘(3) Whether an application for the appoint8 ment of an independent counsel or a notification

9 that further investigation is not warranted has been

10 filed with the division of the court, and if so, the

11 date of that filing.

12 ‘‘§ 596. Removal of an independent counsel; termi13 nation of office

14 ‘‘(a) REMOVAL; REPORT ON REMOVAL.—

15 ‘‘(1) GROUNDS FOR REMOVAL.—

16 ‘‘(A) IN GENERAL.—An independent coun17 sel appointed under this chapter may be re18 moved from office, other than by impeachment

19 and conviction, only by the personal action of

20 the Attorney General and only for good cause,

21 physical or mental disability (if not prohibited

22 by law protecting persons from discrimination

23 on the basis of such a disability), or any other

24 condition that impairs the performance of that

25 independent counsel’s duties.
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•S 1297 IS

1 ‘‘(B) GOOD CAUSE.—In this paragraph,

2 the term ‘good cause’ includes—

3 ‘‘(i) a knowing and material failure to

4 comply with written Department of Justice

5 policies relevant to the conduct of a crimi6 nal investigation; and

7 ‘‘(ii) an actual personal, financial, or

8 political conflict of interest.

9 ‘‘(2) REPORT TO DIVISION OF THE COURT AND

10 CONGRESS.—If an independent counsel is removed

11 from office, the Attorney General shall promptly

12 submit to the division of the court and the Commit13 tees on the Judiciary of the Senate and the House

14 of Representatives a report specifying the facts

15 found and the ultimate grounds for the removal. The

16 committees shall make available to the public that

17 report, except that each committee may, if necessary

18 to protect the rights of any individual named in the

19 report or to prevent undue interference with any

20 pending prosecution, postpone or refrain from pub21 lishing any or all of the report. The division of the

22 court may release any or all of the report in accord23 ance with section 594(h)(2).

24 ‘‘(3) JUDICIAL REVIEW OF REMOVAL.—An inde25 pendent counsel removed from office may obtain ju-
40

•S 1297 IS

1 dicial review of the removal in a civil action com2 menced in the United States District Court for the

3 District of Columbia. A member of the division of

4 the court may not hear or determine any such civil

5 action or any appeal of a decision in any such civil

6 action. The independent counsel may be reinstated

7 or granted other appropriate relief by order of the

8 court.

9 ‘‘(b) TERMINATION OF OFFICE.—

10 ‘‘(1) TERMINATION BY ACTION OF INDE11 PENDENT COUNSEL.—An office of independent

12 counsel shall terminate when—

13 ‘‘(A) the independent counsel notifies the

14 Attorney General that the investigation of all

15 matters within the prosecutorial jurisdiction of

16 the independent counsel or accepted by the

17 independent counsel under section 594(e), and

18 any resulting prosecutions, have been completed

19 or so substantially completed that it would be

20 appropriate for the Department of Justice to

21 complete those investigations and prosecutions;

22 and

23 ‘‘(B) the independent counsel files a final

24 report in compliance with section 594(h)(1)(B).
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1 ‘‘(2) TERMINATION BY DIVISION OF THE

2 COURT.—The division of the court, either on its own

3 motion or upon the request of the Attorney General,

4 may terminate an office of independent counsel at

5 any time, on the ground that the investigation of all

6 matters within the prosecutorial jurisdiction of the

7 independent counsel or accepted by the independent

8 counsel under section 594(e), and any resulting

9 prosecutions, have been completed or so substan10 tially completed that it would be appropriate for the

11 Department of Justice to complete those investiga12 tions and prosecutions. At the time of that termi13 nation, the independent counsel shall file the final

14 report required by section 594(h)(1)(B). If the At15 torney General has not made a request under this

16 paragraph, the division of the court shall determine

17 on its own motion whether termination is appro18 priate under this paragraph no later than 2 years

19 after the appointment of an independent counsel.

20 ‘‘(3) TERMINATION AFTER 2 YEARS.—

21 ‘‘(A) GENERAL RULE.—Except as provided

22 in subparagraph (B), the term of an inde23 pendent counsel shall terminate at the expira24 tion of 2 years after the date of appointment of

25 the independent counsel and any matters under
42

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1 investigation by the independent counsel shall

2 be transferred to the Attorney General.

3 ‘‘(B) EXCEPTIONS.—

4 ‘‘(i) GOOD CAUSE.—An independent

5 counsel may petition the division of the

6 court to extend the investigation of the

7 independent counsel for up to 1 year for

8 good cause. The division of the court shall

9 determine whether the grant of such an ex10 tension is warranted and determine the

11 length of each extension.

12 ‘‘(ii) DILATORY TACTICS.—If the in13 vestigation of an independent counsel was

14 delayed by dilatory tactics by persons that

15 could provide evidence that would signifi16 cantly assist the investigation, an inde17 pendent counsel may petition the division

18 of the court to extend the investigation of

19 the independent counsel for an additional

20 period of time equal to the amount of time

21 lost by the dilatory tactics. If the division

22 of the court finds that dilatory tactics did

23 delay the investigation, the division of the

24 court shall extend the investigation for a

25 period equal to the delay.
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1 ‘‘(c) AUDITS.—

2 ‘‘(1) IN GENERAL.—On or before June 30 of

3 each year, an independent counsel shall prepare a

4 statement of expenditures for the 6 months that

5 ended on the immediately preceding March 31. On

6 or before December 31 of each year, an independent

7 counsel shall prepare a statement of expenditures for

8 the fiscal year that ended on the immediately pre9 ceding September 30. An independent counsel whose

10 office is terminated prior to the end of the fiscal

11 year shall prepare a statement of expenditures on or

12 before the date that is 90 days after the date on

13 which the office is terminated.

14 ‘‘(2) COMPTROLLER GENERAL REVIEW.—The

15 Comptroller General shall—

16 ‘‘(A) conduct a financial review of a mid17 year statement and a financial audit of a year18 end statement and statement on termination;

19 and

20 ‘‘(B) report the results to the Committee

21 on the Judiciary, Committee on Governmental

22 Affairs, and Committee on Appropriations of

23 the Senate and the Committee on the Judiciary,

24 Committee on Government Reform, and Com25 mittee on Appropriations of the House of Rep-
44

•S 1297 IS

1 resentatives not later than 90 days following

2 the submission of each statement.

3 ‘‘§ 597. Relationship with department of justice

4 ‘‘(a) SUSPENSION OF OTHER INVESTIGATIONS AND

5 PROCEEDINGS.—Whenever a matter is in the prosecu6 torial jurisdiction of an independent counsel or has been

7 accepted by an independent counsel under section 594(e),

8 the Department of Justice, the Attorney General, and all

9 other officers and employees of the Department of Justice

10 shall suspend all investigations and proceedings regarding

11 that matter, except to the extent required by section

12 594(d)(1), and except insofar as the independent counsel

13 agrees in writing that the investigation or proceedings may

14 be continued by the Department of Justice.

15 ‘‘(b) PRESENTATION AS AMICUS CURIAE PER16 MITTED.—Nothing in this chapter shall prevent the Attor17 ney General or the Solicitor General from making a pres18 entation as amicus curiae to any court as to issues of law

19 raised by any case or proceeding in which an independent

20 counsel participates in an official capacity or any appeal

21 of such a case or proceeding.

22 ‘‘§ 598. Severability

23 ‘‘If any provision of this chapter or the application

24 thereof to any person or circumstance is held invalid, the

25 remainder of this chapter and the application of that pro-
45

•S 1297 IS

1 vision to other persons not similarly situated or to other

2 circumstances shall not be affected by that invalidation.

3 ‘‘§ 599. Termination of effect of chapter

4 ‘‘This chapter shall cease to be effective 5 years after

5 the date of enactment of the Independent Counsel Reform

6 Act of 1999, except that this chapter shall continue in ef7 fect with respect to then pending matters before an inde8 pendent counsel that in the judgment of that counsel re9 quire the continuation until that independent counsel de10 termines those matters have been completed.’’.

11 SEC. 3. ASSIGNMENT OF JUDGES TO DIVISION TO APPOINT

12 INDEPENDENT COUNSELS.

13 Section 49 of title 28, United States Code, is amend14 ed to reads as follows:

15 ‘‘§ 49. Assignment of judges to division to appoint

16 independent counsels

17 ‘‘(a) IN GENERAL.—Beginning with the 3-year period

18 commencing on the date of the enactment of the Inde19 pendent Counsel Reform Act of 1999, 3 judges shall be

20 assigned for each successive 3-year period to a division

21 of the United States Court of Appeals for the District of

22 Columbia to be the division of the court for the purpose

23 of appointing independent counsels. The Clerk of the

24 United States Court of Appeals for the District of Colum25 bia Circuit shall serve as the clerk of the division of the
46

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1 court and shall provide such services as are needed by the

2 division of the court.

3 ‘‘(b) OTHER JUDICIAL ASSIGNMENTS.—Except as

4 provided in subsection (e), assignment to the division of

5 the court shall not be a bar to other judicial assignments

6 during the term of the division of the court.

7 ‘‘(c) DESIGNATION AND ASSIGNMENT.—The Chief

8 Justice of the United States shall designate and assign

9 by a lottery of all circuit court judges, 3 circuit court

10 judges 1 of whom shall be a judge of the United States

11 Court of Appeals for the District of Columbia, to the divi12 sion of the court. Not more than 1 judge may be named

13 to the division of the court from a particular court.

14 ‘‘(d) VACANCY.—Any vacancy in the division of the

15 court shall be filled only for the remainder of the 3-year

16 period in which that vacancy occurs and in the same man17 ner as initial assignments to the division of the court were

18 made.

19 ‘‘(e) RECUSAL.—Except as otherwise provided in

20 chapter 40 of this title, no member of the division of the

21 court who participated in a function conferred on the divi22 sion of the court under chapter 40 of this title involving

23 an independent counsel shall be eligible to participate in

24 any judicial proceeding concerning a matter that—
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1 ‘‘(1) involves that independent counsel while the

2 independent counsel is serving in that office; or

3 ‘‘(2) involves the exercise of the independent

4 counsel’s official duties, regardless of whether the

5 independent counsel is still serving in that office.’’.

Æ