pendent counsel after the end of the 2-year period after
its establishment, except to the extent that an appropria-
tions Act enacted after such establishment specifically
makes available funds for such office for use after the end
of that 2-year period.’’.
SEC. 6. REMOVAL, TERMINATION, AND PERIODIC RE-
APPOINTMENT OF INDEPENDENT COUNSEL.
(a) GROUNDS FOR REMOVAL.—Section 596(a)(1) of
title 28, United States Code, is amended by adding at the
end the following: ‘‘Failure of the independent counsel to
comply with the established policies of the Department of
Justice as required by section 594(f) or to comply with
section 594(j) may be grounds for removing that inde-
pendent counsel from office for good cause under this sub-
section.’’.
(b) TERMINATION.—Section 596(b)(2) of title 28,
United States Code, is amended to read as follows:
‘‘(2) TERMINATION
BY
DIVISION
OF
THE
COURT.—The division of the court may terminate an
office of independent counsel at any time—
‘‘(A) on its own motion,
‘‘(B) upon the request of the Attorney
General, or
‘‘(C) upon the petition of the subject of an
investigation conducted by such independent
counsel, if the petition is made more than 2
years after the appointment of such independ-
ent counsel,
on the ground that the investigation conducted by
the independent counsel has been completed or sub-
stantially completed and that it would be appro-
priate for the Department of Justice to complete
such investigation or to conduct any prosecution
brought pursuant to such investigation, or on the
ground that continuation of the investigation or
prosecution conducted by the independent counsel is
not in the public interest.’’.
(c) MONTHLY EXPENDITURES.—
(1) AMENDMENT.—Section 596(c) of title 28,
United States Code, is amended by adding at the
end the following:
‘‘(3) On or before the end of each month, an inde-
pendent counsel shall report to the committees listed in
paragraph (2)(B) the amount expended in the previous
month.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1), shall take effect at the end of the
1st month beginning after the date of the enactment
of this Act.
(d) PERIODIC REAPPOINTMENT.—Section 596 of title
28, United States Code, is amended by adding at the end
the following:
‘‘(d) PERIODIC REAPPOINTMENT OF INDEPENDENT
COUNSEL.—If an office of independent counsel has not
terminated before—
‘‘(1) the date that is 2 years after the original
appointment to that office, or
‘‘(2) the end of each succeeding 2-year period,
such counsel shall apply to the division of the court for
reappointment. The court shall first determine whether
the office of that independent counsel should be termi-
nated under subsection (b)(2). If the court determines
that such office will not be terminated under such sub-
section, the court shall reappoint the applicant if the court
determines that such applicant remains the appropriate
person to carry out the duties of the office. If not, the
court shall appoint some other person whom it considers
qualified under the standards set forth in section 593 of
this title. If the court has not taken the actions required
by this subsection within 90 days after the end of the ap-
plicable 2-year period, then that office of independent
counsel shall terminate at the end of that 90-day period.’’.
SEC. 7. GAO REPORT.
The Comptroller General of the United States shall
submit to the Congress, not later than 1 year after the
date of the enactment of this Act, a report setting forth
recommendations of ways to improve controls on costs of
offices of independent counsel under chapter 40 of title
28, United States Code.
Æ