I
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.
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
Act of 1993’’.
SEC. 2. EXTENSION.
Section 599 of title 28, United States Code, is
amended by striking ‘‘five years’’ and inserting ‘‘eleven
years’’.
SEC. 3. APPLICATION TO MEMBERS OF CONGRESS.
Section 591(b) of title 28, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(7);
(2) by striking the period at the end of para-
graph (8) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(9) any Senator, or any Representative in, or
Delegate or Resident Commissioner to, the Con-
gress, or any person who has served as a Senator or
such a Representative, Delegate, or Resident Com-
missioner within the 2-year period before the receipt
of the information under subsection (a) with respect
to conduct that occurred while such person was a
Senator or such a Representative, Delegate, or Resi-
dent Commissioner.’’.
SEC. 4. PERIODIC REAPPOINTMENT OF INDEPENDENT
COUNSEL.
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 two years after the original ap-
pointment 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 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 applicable
2-year period, then that office of independent counsel shall
terminate at the end of that 90-day period.’’.
SEC. 5. PERIODIC REPORTS.
Section 595(a)(2) of title 28, United States Code, is
amended by striking ‘‘such statements’’ and all that fol-
lows through ‘‘appropriate’’ and inserting ‘‘annually a re-
port on the activities of such independent counsel, includ-
ing a description of the progress of any investigation or
prosecution conducted by such independent counsel. Such
report need not contain any matter that in the judgment
of the independent counsel should be kept confidential, but
shall provide information adequate to justify the expendi-
tures which the office of that independent counsel has
made, and indicate in general terms the state of the work
of the independent counsel’’.
SEC. 6. EFFECT OF TERMINATION OF CHAPTER.
Section 599 of title 28, United States Code, is
amended by inserting ‘‘, or until 120 days have elapsed,
whichever is earlier’’ after ‘‘completed’’.
SEC. 7. SUBPOENA POWER.
Section 592(a)(2) of title 28, United States Code, is
amended by striking ‘‘grant immunity, or issue subpoe-
nas’’ and inserting ‘‘or grant immunity, but may issue
subpoenas duces tecum’’.
SEC. 8. CONGRESSIONAL REQUESTS.
Section 592(g)(2) of title 28, United States Code, is
amended in the first sentence—
(1) by inserting after ‘‘request under paragraph
(1)’’ the following: ‘‘with respect to possible viola-
tions of law described in section 591(a) by any per-
son described in section 591(b)’’; and
(2) by striking ‘‘subsection (a) or (c) of section
591, as the case may be’’ and inserting ‘‘section
591(a)’’.
SEC. 9. ATTORNEY’S FEES.
Section 593(f)(1) of title 28, United States Code, is
amended—
(1) by striking ‘‘, if no indictment is brought
against such individual pursuant to that investiga-
tion,’’; and
(2) by striking ‘‘during that investigation’’.
SEC. 10. INDEPENDENT COUNSEL PER DIEM EXPENSES.
Section 594(b) of title 28, United States Code, is
amended to read as follows:
‘‘(b) COMPENSATION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), an independent counsel appointed under
this chapter shall receive compensation at the per
diem rate equal to the annual rate of basic pay pay-
able for level IV of the Executive Schedule under
section 5315 of title 5.
‘‘(2) TRAVEL AND LODGING IN WASHINGTON.—
An independent counsel and persons appointed
under subsection (c) shall not be entitled to the pay-
ment of travel and subsistence expenses under sub-
chapter 1 of chapter 57 of title 5, with respect to
duties performed in the District of Columbia after 1
year of service under this chapter.’’.
SEC. 11. RESTRICTIONS ON STAFF.
Section 594(c) of title 28, United States Code, is
amended—
‘‘(1) ADMINISTRATIVE CONTROLS.—The Direc-
tor of the Administrative Office of the United States
Courts shall provide administrative support and
guidance to each independent counsel. The Adminis-
trator of General Services, in consultation with the
Director of the Administrative Office, shall promptly
provide appropriate office space within a Federal
building for each independent counsel.
‘‘(2) COST CONTROLS.—An independent counsel
shall—
‘‘(A) conduct all activities with due regard
for expense;
‘‘(B) authorize only reasonable expendi-
tures; and
‘‘(C) promptly upon taking office, assign to
a specific employee the duty to ensure expendi-
tures are made in accordance with the prin-
ciples set forth in subparagraphs (A) and (C).’’.
SEC. 16. 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.