I
106TH CONGRESS
1ST SESSION
H. R. 3005
To establish an Independent Counsel Commission.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 4, 1999
Mr. CAMPBELL introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To establish an Independent Counsel Commission.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Independent Counsel
Commission Act’’.
SEC. 2. INDEPENDENT COUNSEL COMMISSION.
(a) ESTABLISHMENT.—
(1) MEMBERSHIP.—There is established a com-
mission to be known as the Independent Counsel
Commission (hereinafter in this Act referred to as
the ‘‘Commission’’). The Commission shall be com-
posed of 5 members appointed as follows:
(A) One member shall be appointed by the
Speaker of the House of Representatives.
(B) One member shall be appointed by the
Minority Leader of the House of Representa-
tives.
(C) One member shall be appointed by the
Majority Leader of the Senate.
(D) One member shall be appointed by the
Minority Leader of the Senate.
(E) One member shall be an individual ap-
pointed by a majority of the other 4 members.
(2) MEMBER QUALIFICATION.—Members shall
be chosen on the basis of their experience, integrity,
impartiality, and good judgment and members shall
be individuals who, at the time appointed to the
Commission, are not elected or appointed officers or
employees in the executive, legislative, or judicial
branch of the Federal Government. During a period
in which a member of the Commission is serving on
the Commission, that member may not represent in
any matter any person involved in any investigation
of the Commission.
(3) TERMS.—Members of the Commission shall
serve for a single term of 6 years, except that of the
members first appointed—
(A) 2 of the members, randomly selected,
shall be appointed for terms of 2 years; and
(B) 2 of the members, randomly selected,
shall be appointed for terms of 4 years.
(4) VACANCIES.—
(A) SERVICE.—A member of the Commis-
sion may serve on the Commission after the ex-
piration of the member’s term until the suc-
ceeding member has taken office as a member
of the Commission. An individual appointed to
fill a vacancy occurring other than by the expi-
ration of a term of office shall be appointed
only for the unexpired term of the member the
appointed member succeeds.
(B) VACANCY FILLING.—Any vacancy oc-
curring in the membership of the Commission
shall be filled in the same manner as in the
case of the original appointment.
(5) COMPENSATION.—Members of the Commis-
sion shall, for time spent engaged in the business of
the Commission, receive compensation equivalent to
the compensation paid at level IV of the Executive
Schedule (section 5315 of title 5, United States
Code).
(6) CHAIRMAN
AND
VICE
CHAIRMAN.—The
Commission shall elect a chairman and a vice chair-
man from among its members for a term of one
year. A member may serve as chairman only once
during any term of office to which such member is
appointed. The vice chairman shall act as chairman
in the absence or disability of the chairman or in the
event of a vacancy in such office.
(b) VOTING REQUIREMENTS; DELEGATION OF AU-
THORITIES.—All decisions of the Commission with respect
to the exercise of its duties and powers under the provi-
sions of this Act shall be made by a majority vote of the
members of the Commission. A member of the Commis-
sion may not delegate to any person the member’s vote
or any decision making authority or duty vested in the
Commission by this Act.
(c) RULES FOR CONDUCT OF ACTIVITIES; JUDICIAL
NOTICE OF SEAL; PRINCIPAL OFFICE.—The Commission
shall prepare written rules for the conduct of its activities,
shall have an official seal which shall be judicially noticed,
and shall have its principal office in or near the District
of Columbia (but it may meet or exercise any of its powers
anywhere in the United States).
(d) STAFF.—
(1) IN GENERAL.—The Commission shall have
a staff director and a general counsel who shall be
appointed by the Commission. The staff director
shall be paid at a rate not to exceed the rate of basic
pay in effect for level IV of the Executive Schedule
(5 U.S.C. 5315). The general counsel shall be paid
at a rate not to exceed the rate of basic pay in effect
for level V of the Executive Schedule (5 U.S.C.
5316). With the approval of the Commission, the
staff director may appoint and fix the pay of such
additional personnel as the staff director considers
desirable without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service.
(2) INTERMITTENT
SERVICES.—With the ap-
proval of the Commission, the staff director may
procure temporary and intermittent services to the
same extent as is authorized by section 3109(b) of
title 5, United States Code, but at rates for individ-
uals not to exceed the daily equivalent of the annual
rate of basic pay in effect for grade GS–15 of the
General Schedule (5 U.S.C. 5332).
(e) SERVICES AND FACILITIES OF OTHER AGEN-
CIES.—
(3) any individual working in the Executive Of-
fice of the President who is compensated at a rate
of pay at or above level II of the Executive Schedule
under section 5313 of title 5, United States Code;
(4) any Assistant Attorney General and any in-
dividual working in the Department of Justice who
is compensated at a rate of pay at or above level III
of the Executive Schedule under section 5314 of title
5, United States Code;
(5) the Director of Central Intelligence, the
Deputy Director of Central Intelligence, and the
Commissioner of Internal Revenue;
(6) the chairman and treasurer of the principal
national campaign committee seeking the election or
reelection of the President, and any officer of that
committee exercising authority at the national level,
during the incumbency of the President; and
(7) any individual who held an office or position
described in paragraph (1), (2), (3), (4), or (5) for
1 year after leaving the office or position.
(c) PRELIMINARY INVESTIGATION WITH RESPECT TO
OTHER PERSONS.—
(1) IN GENERAL.—When the Commission deter-
mines that an investigation or prosecution of a per-
son by the Department of Justice may result in a
personal, financial, or political conflict of interest,
the Commission may conduct a preliminary inves-
tigation of such person in accordance with section
592 if the Commission receives information suffi-
cient 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.
(2) MEMBERS OF CONGRESS.—When the Com-
mission determines that it would be in the public in-
terest, the Commission may conduct a preliminary
investigation in accordance with section 4 if the
Commission receives information sufficient to con-
stitute grounds to investigate whether a Member of
Congress may have violated any 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 deter-
mining under subsection (a) or (c) (or section 4(b)
whether grounds to investigate exist, the Commis-
sion shall consider only—
(A) the specificity of the information re-
ceived; and
(B) the credibility of the source of the in-
formation.
(2) TIME
PERIOD
FOR
MAKING
DETERMINA-
TION.—The Commission 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 Commission determines that the
information is not specific or is not from a credible
source, then the Commission shall close the matter.
If within that 30-day period the Commission deter-
mines that the information is specific and from a
credible source, the Commission shall, upon making
that determination, commence a preliminary inves-
tigation with respect to that information. If the
Commission is unable to determine, within that 30-
day period, whether the information is specific and
from a credible source, the Commission shall, at the
end of that 30-day period, commence a preliminary
investigation with respect to that information.
SEC. 4. PRELIMINARY INVESTIGATION.
(a) CONDUCT OF PRELIMINARY INVESTIGATION.—
(1) IN GENERAL.—A preliminary investigation
conducted under this section shall be of such mat-
ters as the Commission considers appropriate in
order to make a determination on whether further
investigation is warranted, with respect to each po-
tential violation, or allegation of a violation, of crimi-
nal law. The Commission shall make such deter-
mination not later than 90 days after the prelimi-
nary investigation is commenced, except that, in the
case of a preliminary investigation commenced after
a congressional request under subsection (d), the
Commission shall make such determination not later
than 90 days after the request is received.
(2) LIMITED AUTHORITY OF COMMISSION.—
(A) IN CONDUCTING PRELIMINARY INVES-
TIGATIONS.—In conducting preliminary inves-
tigations under this section, the Commission
shall have no authority to convene grand juries,
plea bargain, grant immunity, or issue sub-
poenas.
(B) BASIS
OF
COMMISSION
DETERMINA-
TION.—The Commission shall not base a deter-
mination under this section that information
with respect to a violation of criminal law by a
person is not specific and from a credible
source, or that there are no reasonable grounds
to believe that further investigation is war-
ranted, upon a determination that such person
lacked the state of mind required for the viola-
tion of criminal law.
(3) EXTENSION OF TIME FOR PRELIMINARY IN-
VESTIGATION.—The Commission may extend a pre-
liminary investigation for a period of not more than
60 days, of the 90-day period referred to in para-
graph (1).
(b) DETERMINATION THAT FURTHER INVESTIGA-
TION IS WARRANTED.—If, after extending the time for
preliminary investigation under subsection (a)(3), the
Commission receives additional information sufficient to
constitute grounds to investigate the matters to which
such extension related, the Commission shall—
(1) conduct such additional preliminary inves-
tigation as the Commission considers appropriate for
a period of not more than 90 days after the date on
which such additional information is received; and
(2) otherwise comply with the provisions of this
section with respect to such additional preliminary
investigation to the same extent as any other pre-
liminary investigation under this section.
(c) DISCLOSURE OF INFORMATION.—Except as oth-
erwise provided in this section or upon lawful subpoena
for law enforcement purposes, no officer or employee of
the Commission may disclose to any individual outside the
Commission any notification, application, or any other
document, materials, or memorandum supplied to the
Commission under this section.
SEC. 5. INVESTIGATION.
Upon completion of any preliminary investigation
made with respect to a matter before the Commission
under subsection (a) or (c) of section 3, the Commission
may conduct a succeeding investigation to determine if a
violation of a Federal criminal law has occurred. Such in-
vestigation may not extend beyond 6 months from the date
the matter was first brought to the Commission under
such subsection unless, upon application by the Commis-
sion for an extension, the House of Representatives and
the Senate adopt a concurrent resolution authorizing the
Commission to extend the period of the investigation.
SEC. 6. AUTHORITIES.
(a) IN GENERAL.—The Commission shall have, with
respect to all matters in the Commission’s investigative
jurisdiction established under this Act, full power and
independent authority to exercise all investigative func-
tions and powers of the Department of Justice, the Attor-
ney General, and any other officer or employee of the De-
partment 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