II

Calendar No. 228

106TH CONGRESS

1ST SESSION S. 1427

To authorize the Attorney General to appoint a special counsel to investigate

or prosecute a person for a possible violation of criminal law when

the Attorney General determines that the appointment of a special counsel is in the public interest.

IN THE SENATE OF THE UNITED STATES

JULY 22, 1999

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

JULY 26, 1999

Read the second time and placed on the calendar

A BILL

To authorize the Attorney General to appoint a special counsel to investigate or prosecute a person for a possible

violation of criminal law when the Attorney General determines that the appointment of a special counsel is

in the public interest.

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 ‘‘Special Counsel Act

5 of 1999’’.
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1 SEC. 2. SPECIAL COUNSEL.

2 (a) IN GENERAL.—Part II of title 28, United States

3 Code, is amended by striking chapter 40 and inserting the

4 following:

5 ‘‘CHAPTER 40—SPECIAL COUNSEL

‘‘Sec.

‘‘591. Special counsel.

‘‘592. Jurisdiction.

‘‘593. Regulations.

6 ‘‘§ 591. Special counsel

7 ‘‘The Attorney General may appoint a special counsel

8 who is not an officer or employee of the Federal Govern9 ment to conduct the investigation or prosecution of a per10 son for a possible violation of criminal law when the Attor11 ney General determines that the appointment of a special

12 counsel is in the public interest only in accordance with

13 this chapter.

14 ‘‘§ 592. Jurisdiction

15 ‘‘(a) IN GENERAL.—The Attorney General shall de16 termine the special counsel’s investigative and prosecu17 torial jurisdiction under this chapter.

18 ‘‘(b) JUDICIAL REVIEW.—The determination of juris19 diction by the Attorney General under subsection (a) shall

20 not be subject to judicial review.

21 ‘‘§ 593. Regulations

22 ‘‘(a) IN GENERAL.—

23 ‘‘(1) PROMULGATION.—
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1 ‘‘(A) IN GENERAL.—Subject to approval by

2 Congress as provided in subsection (b), the At3 torney General shall promulgate regulations

4 governing the operation and removal of a spe5 cial counsel appointed under this chapter.

6 ‘‘(B) REGULATIONS NOT REQUIRING AP7 PROVAL.—A regulation promulgated by the At8 torney General on the appointment of a special

9 counsel and the investigative or prosecutorial

10 jurisdiction of a special counsel shall not be

11 subject to approval under this section.

12 ‘‘(2) RESUBMISSION.—If regulations are dis13 approved under subsection (b), the Attorney General

14 shall submit new regulations to Congress for ap15 proval not later than 60 days after the date of dis16 approval. Any new regulations or changes to existing

17 regulations promulgated under this section shall be

18 subject to Congressional approval as provided in

19 subsection (b).

20 ‘‘(b) CONGRESSIONAL APPROVAL.—

21 ‘‘(1) IN GENERAL.—Any regulations promul22 gated by the Attorney General under this section

23 shall be subject to approval by joint resolution as

24 provided in this subsection.
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1 ‘‘(2) CONTENTS OF RESOLUTION.—For the

2 purposes of paragraph (1), ‘joint resolution’ means

3 only a joint resolution introduced after the date on

4 which Congress receives the regulations promulgated

5 by the Attorney General under subsection (a) the

6 matter after the resolving clause of which is as fol7 lows: ‘‘The Congress approves the regulations pro8 mulgated by the Attorney General pursuant to sec9 tion 593(a) of title 28, United States Code.’’.

10 ‘‘(3) REFERRAL TO COMMITTEE.—A resolution

11 described in paragraph (2) introduced in the House

12 of Representatives shall be referred to the Com13 mittee on Government Reform and the Committee

14 on the Judiciary of the House of Representatives. A

15 resolution described in paragraph (2) introduced in

16 the Senate shall be referred to the Committee on

17 Governmental Affairs and the Committee on the Ju18 diciary of the Senate. Such a resolution may not be

19 reported before the 8th day after its introduction.

20 ‘‘(4) DISCHARGE OF COMMITTEE.—If the com21 mittees to which are referred a resolution described

22 in paragraph (2) have not reported such resolution

23 (or an identical resolution) at the end of 15 calendar

24 days after its introduction, such committees shall be

25 deemed to be discharged from further consideration
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1 of such resolution and such resolution shall be

2 placed on the appropriate calendar of the House in3 volved.

4 ‘‘(5) FLOOR CONSIDERATION.—

5 ‘‘(A) IN GENERAL.—When the committees

6 to which a resolution is referred have reported,

7 or have been deemed to be discharged (under

8 paragraph (4)) from further consideration of, a

9 resolution described in paragraph (2), it is at

10 any time thereafter in order (even though a

11 previous motion to the same effect has been dis12 agreed to) for any Member of the respective

13 House to move to proceed to the consideration

14 of the resolution, and all points of order against

15 the resolution (and against consideration of the

16 resolution) are waived. The motion is highly

17 privileged in the House of Representatives and

18 is privileged in the Senate and is not debatable.

19 The motion is not subject to amendment, or to

20 a motion to postpone, or to a motion to proceed

21 to the consideration of other business. A motion

22 to reconsider the vote by which the motion is

23 agreed to or disagreed to shall not be in order.

24 If a motion to proceed to the consideration of

25 the resolution is agreed to, the resolution shall
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1 remain the unfinished business of the respective

2 House until disposed of.

3 ‘‘(B) DEBATE.—Debate on the resolution,

4 and on all debatable motions and appeals in

5 connection therewith, shall be limited to not

6 more than 10 hours, which shall be divided

7 equally between those favoring and those oppos8 ing the resolution. A motion further to limit de9 bate is in order and not debatable. An amend10 ment to, or a motion to postpone, or a motion

11 to proceed to the consideration of other busi12 ness, or a motion to recommit the resolution is

13 not in order. A motion to reconsider the vote by

14 which the resolution is agreed to or disagreed to

15 is not in order.

16 ‘‘(C) VOTE ON FINAL PASSAGE.—Imme17 diately following the conclusion of the debate on

18 a resolution described in paragraph (1), and a

19 single quorum call at the conclusion of the de20 bate if requested in accordance with the rules of

21 the appropriate House, the vote on final pas22 sage of the resolution shall occur.

23 ‘‘(D) RULINGS OF THE CHAIR ON PROCE24 DURE.—Appeals from the decisions of the Chair

25 relating to the application of the rules of the
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1 Senate or the House of Representatives, as the

2 case may be, to the procedure relating to a res3 olution described in paragraph (2) shall be de4 cided without debate.

5 ‘‘(6) COORDINATION WITH ACTION BY OTHER

6 HOUSE.—If, before the passage by one House of a

7 resolution of that House described in paragraph (2),

8 that House receives from the other House a resolu9 tion described in paragraph (2), then the following

10 procedures shall apply:

11 ‘‘(A) The resolution of the other House

12 shall not be referred to a committee.

13 ‘‘(B) With respect to a resolution described

14 in paragraph (2) of the House receiving the

15 resolution—

16 ‘‘(i) the procedure in that House shall

17 be the same as if no resolution had been

18 received from the other House; but

19 ‘‘(ii) the vote on final passage shall be

20 on the resolution of the other House.

21 ‘‘(7) RULES OF HOUSE OF REPRESENTATIVES

22 AND SENATE.—This subsection is enacted by

23 Congress—

24 ‘‘(A) as an exercise of the rulemaking

25 power of the Senate and House of Representa-
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1 tives, respectively, and as such it is deemed a

2 part of the rules of each House, respectively,

3 but applicable only with respect to the proce4 dure to be followed in that House in the case

5 of a resolution described in paragraph (2), and

6 it supersedes other rules only to the extent that

7 it is inconsistent with such rules; and

8 ‘‘(B) with full recognition of the constitu9 tional right of either House to change the rules

10 (so far as relating to the procedure of that

11 House) at any time, in the same manner and

12 to the same extent as in the case of any other

13 rule of that House.’’.

14 (b) TABLE OF CHAPTERS.—The item for chapter 40

15 in the table of chapters for part II is amended by striking

16 ‘‘Independent Counsel’’ and inserting ‘‘Special Counsel’’.

17 SEC. 3. REGULATIONS.

18 (a) EXISTING REGULATIONS.—This Act and the

19 amendments made by this Act shall apply to any regula20 tions promulgated by the Attorney General with respect

21 to the operation or removal of a special counsel who is

22 not an officer or employee of the Federal Government to

23 conduct the investigation or prosecution of a person for

24 a possible violation of criminal law promulgated prior to

25 the date of enactment of this Act.
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1 (b) INITIAL REGULATIONS.—The Attorney General

2 shall promulgate the regulations required by section 593

3 of title 28, United States Code, as added by section 2,

4 not later than 60 days after the date of enactment of this

5 Act.
Calendar No. 228

106TH CONGRESS

1ST SESSION S. 1427

A BILL

To authorize the Attorney General to appoint a

terest.pointment of a special counsel is in the public inthe Attorney General determines that the apson for a possible violation of criminal law whenspecial counsel to investigate or prosecute a perJULY 26, 1999

Read the second time and placed on the calendar