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103D CONGRESS

1ST SESSION H. R. 1284

To amend title 28, United States Code, to reauthorize and modify the

provisions relating to independent counsel.

IN THE HOUSE OF REPRESENTATIVES

MARCH 10, 1993

Mr. GEKAS (for himself and Mr. HYDE) introduced the following bill; which

was referred to the Committee on the Judiciary

A BILL

To amend title 28, United States Code, to reauthorize and

modify the provisions relating to independent counsel.

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 Act of 1993’’.

6 SEC. 2. EXTENSION.

7 Section 599 of title 28, United States Code, is

8 amended by striking ‘‘five years’’ and inserting ‘‘eleven

9 years’’.
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1 SEC. 3. APPLICATION TO MEMBERS OF CONGRESS.

2 Section 591(b) of title 28, United States Code, is

3 amended—

4 (1) by striking ‘‘and’’ at the end of paragraph

5 (7);

6 (2) by striking the period at the end of para7 graph (8) and inserting ‘‘; and’’; and

8 (3) by adding at the end the following:

9 ‘‘(9) any Senator, or any Representative in, or

10 Delegate or Resident Commissioner to, the Con11 gress, or any person who has served as a Senator or

12 such a Representative, Delegate, or Resident Com13 missioner within the 2-year period before the receipt

14 of the information under subsection (a) with respect

15 to conduct that occurred while such person was a

16 Senator or such a Representative, Delegate, or Resi17 dent Commissioner.’’.

18 SEC. 4. PERIODIC REAPPOINTMENT OF INDEPENDENT

19 COUNSEL.

20 Section 596 of title 28, United States Code, is

21 amended by adding at the end the following:

22 ‘‘(d) PERIODIC REAPPOINTMENT OF INDEPENDENT

23 COUNSEL.—If an office of independent counsel has not

24 terminated before—

25 ‘‘(1) the date two years after the original ap26 pointment to that office; or
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1 ‘‘(2) the end of each succeeding 2-year period;

2 such counsel shall apply to the division of the court for

3 reappointment. The court shall first determine whether

4 the office of that independent counsel should be termi5 nated under subsection (b)(2). If the court determines

6 that such office will not be terminated under such sub7 section, the court shall reappoint the applicant if the court

8 determines such applicant remains the appropriate person

9 to carry out the duties of the office. If not, the court shall

10 appoint some other person whom it considers qualified

11 under the standards set forth in section 593 of this title.

12 If the court has not taken the actions required by this

13 subsection within 90 days after the end of the applicable

14 2-year period, then that office of independent counsel shall

15 terminate at the end of that 90-day period.’’.

16 SEC. 5. PERIODIC REPORTS.

17 Section 595(a)(2) of title 28, United States Code, is

18 amended by striking ‘‘such statements’’ and all that fol19 lows through ‘‘appropriate’’ and inserting ‘‘annually a re20 port on the activities of such independent counsel, includ21 ing a description of the progress of any investigation or

22 prosecution conducted by such independent counsel. Such

23 report need not contain any matter that in the judgment

24 of the independent counsel should be kept confidential, but

25 shall provide information adequate to justify the expendi-
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1 tures which the office of that independent counsel has

2 made, and indicate in general terms the state of the work

3 of the independent counsel’’.

4 SEC. 6. EFFECT OF TERMINATION OF CHAPTER.

5 Section 599 of title 28, United States Code, is

6 amended by inserting ‘‘, or until 120 days have elapsed,

7 whichever is earlier’’ after ‘‘completed’’.

8 SEC. 7. SUBPOENA POWER.

9 Section 592(a)(2) of title 28, United States Code, is

10 amended by striking ‘‘grant immunity, or issue subpoe11 nas’’ and inserting ‘‘or grant immunity, but may issue

12 subpoenas duces tecum’’.

13 SEC. 8. CONGRESSIONAL REQUESTS.

14 Section 592(g)(2) of title 28, United States Code, is

15 amended in the first sentence—

16 (1) by inserting after ‘‘request under paragraph

17 (1)’’ the following: ‘‘with respect to possible viola18 tions of law described in section 591(a) by any per19 son described in section 591(b)’’; and

20 (2) by striking ‘‘subsection (a) or (c) of section

21 591, as the case may be’’ and inserting ‘‘section

22 591(a)’’.

23 SEC. 9. ATTORNEY’S FEES.

24 Section 593(f)(1) of title 28, United States Code, is

25 amended—
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1 (1) by striking ‘‘, if no indictment is brought

2 against such individual pursuant to that investiga3 tion,’’; and

4 (2) by striking ‘‘during that investigation’’.

5 SEC. 10. INDEPENDENT COUNSEL PER DIEM EXPENSES.

6 Section 594(b) of title 28, United States Code, is

7 amended to read as follows:

8 ‘‘(b) COMPENSATION.—

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), an independent counsel appointed under

11 this chapter shall receive compensation at the per

12 diem rate equal to the annual rate of basic pay pay13 able for level IV of the Executive Schedule under

14 section 5315 of title 5.

15 ‘‘(2) TRAVEL AND LODGING IN WASHINGTON.—

16 An independent counsel and persons appointed

17 under subsection (c) shall not be entitled to the pay18 ment of travel and subsistence expenses under sub19 chapter 1 of chapter 57 of title 5, with respect to

20 duties performed in the District of Columbia after 1

21 year of service under this chapter.’’.

22 SEC. 11. RESTRICTIONS ON STAFF.

23 Section 594(c) of title 28, United States Code, is

24 amended—
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1 (1) by inserting after ‘‘competitive service.’’ the

2 following: ‘‘Such employees shall be paid salaries at

3 levels not to exceed those paid for comparable posi4 tions in the office of United States Attorney for the

5 District of Columbia under sections 548 and 550 of

6 this title.’’; and

7 (2) by adding at the end the following: ‘‘To the

8 greatest extent possible, an independent counsel

9 shall use personnel of the Department of Justice, in

10 lieu of appointing employees, to carry out the duties

11 of the office of such independent counsel. Not more

12 than $500,000 may be expended in any 1-year pe13 riod to compensate employees appointed by an inde14 pendent counsel or detailed to the office of such

15 independent counsel under this subsection, except to

16 the extent that an appropriations Act specifically

17 makes available additional funds for such purpose.’’.

18 SEC. 12. COMPLIANCE WITH POLICIES OF THE DEPART19 MENT OF JUSTICE.

20 Section 594(f) of title 28, United States Code, is

21 amended—

22 (1) by striking ‘‘shall, except where not pos23 sible, comply’’ and inserting ‘‘shall, except where

24 inconsistent with the purposes of this chapter,

25 comply’’; and
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1 (2) by inserting after ‘‘criminal laws’’ the fol2 lowing ‘‘, and with respect to expenditures of funds

3 by the Department’’.

4 SEC. 13. ETHICS ENFORCEMENT.

5 Section 594(j) of title 28, United States Code, is

6 amended by adding at the end the following new para7 graph:

8 ‘‘(5) ENFORCEMENT.—The Department of Jus9 tice and the Office of Government Ethics have au10 thority to enforce compliance with this subsection.’’.

11 SEC. 14. RESTRICTION ON EXPENDITURES.

12 Section 594 of title 28, United States Code, is

13 amended by adding at the end the following:

14 ‘‘(l) LIMITATION ON EXPENDITURES.—No funds may

15 be expended for the operation of any office of independent

16 counsel after the end of the 2-year period after its estab17 lishment, except to the extent that an appropriations Act

18 enacted after such establishment specifically makes avail19 able funds for such office for use after the end of that

20 2-year period.’’.

21 SEC. 15. ADMINISTRATIVE AND COST CONTROLS.

22 Section 594 of title 28, United States Code, is

23 amended by adding at the end the following:

24 ‘‘(m) ADMINISTRATIVE AND COST CONTROLS.—
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1 ‘‘(1) ADMINISTRATIVE CONTROLS.—The Direc2 tor of the Administrative Office of the United States

3 Courts shall provide administrative support and

4 guidance to each independent counsel. The Adminis5 trator of General Services, in consultation with the

6 Director of the Administrative Office, shall promptly

7 provide appropriate office space within a Federal

8 building for each independent counsel.

9 ‘‘(2) COST CONTROLS.—An independent counsel

10 shall—

11 ‘‘(A) conduct all activities with due regard

12 for expense;

13 ‘‘(B) authorize only reasonable expendi14 tures; and

15 ‘‘(C) promptly upon taking office, assign to

16 a specific employee the duty to ensure expendi17 tures are made in accordance with the prin18 ciples set forth in subparagraphs (A) and (C).’’.

19 SEC. 16. GAO REPORT.

20 The Comptroller General of the United States shall

21 submit to the Congress, not later than 1 year after the

22 date of the enactment of this Act, a report setting forth

23 recommendations of ways to improve controls on costs of

24 offices of independent counsel under chapter 40 of title

25 28, United States Code.
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