I
106TH CONGRESS
1ST SESSION
H. R. 117
To reform the independent counsel statute, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. DICKEY (for himself, Mr. TAYLOR of North Carolina, Mr. DUNCAN, Ms.
MCKINNEY, Mr. STUMP, Mr. NORWOOD, and Mr. HEFLEY) introduced
the following bill; which was referred to the Committee on the Judiciary
A BILL
To reform the independent counsel statute, and for other
purposes.
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
Accountability and Reform Act of 1999’’.
SEC. 2. BASIS FOR INVESTIGATION.
(a) PRELIMINARY INVESTIGATION.—Section 591 of
title 28, United States Code, is amended—
(1) in subsection (a)—
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(A) by striking ‘‘information’’ and insert-
ing ‘‘specific information from a credible source
that is’’; and
(B) by striking ‘‘may have’’ and inserting
‘‘has’’; and
(2) in subsection (c)(1)—
(A) by striking ‘‘information’’ and insert-
ing ‘‘specific information from a credible source
that is’’; and
(B) by striking ‘‘may have’’ and inserting
‘‘has’’.
(b) FURTHER INVESTIGATION.—Section 592(c)(2) of
title 28, United States Code, is amended by striking ‘‘in-
formation’’ and inserting ‘‘specific information from a
credible source that is’’.
SEC. 3. 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. 4. AUTHORITY OF ATTORNEY GENERAL.
Section 592(a)(2) of title 28, United States Code, is
amended by striking subparagraph (B), by striking ‘‘(A)’’,
and by running the text of subparagraph (A) into the
paragraph heading.
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obstruction of justice, destruction of evidence, and
intimidation of witnesses.’’.
(b) CONFORMING AMENDMENT.—Section 592(d) of
title 28, United States Code, is amended by striking ‘‘sub-
ject matter and all matters related to that subject matter’’
and inserting ‘‘the alleged violations of criminal law with
respect to which the application is made and matters di-
rectly related to such criminal violations’’.
SEC. 6. ATTORNEYS’ FEES.
Section 593(f) of title 28, United States Code, is
amended—
(1) in the first sentence of paragraph (1)—
(A) by striking ‘‘the court may’’ and in-
serting ‘‘the court shall’’;
(B) by inserting after ‘‘pursuant to that
investigation,’’ the following: ‘‘if such individual
is acquitted of all charges, or no conviction is
obtained against such individual, at a trial
brought pursuant to that investigation, or if the
conviction of such individual at such a trial is
overturned on appeal,’’; and
(C) by inserting ‘‘, trial, and appeal (if
any)’’ after ‘‘during that investigation’’; and
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(2) by striking paragraph (2) and striking ‘‘(1)
AWARD
OF
FEES.—’’ and running the matter in
paragraph (1) into the subsection heading.
SEC. 7. ADMINISTRATIVE SUPPORT.
(a) ADMINISTRATOR OF GENERAL SERVICES.—Sec-
tion 594(l)(2) of title 28, United States Code, is
amended—
(1) by striking ‘‘Director of the Administrative
Office of the United States Courts’’ and inserting
‘‘Administrator of General Services’’; and
(2) by striking ‘‘Administrative Office of the
United States Courts’’ and inserting ‘‘General Serv-
ices Administration’’.
(b) OFFICE SPACE.—Section 594(l)(3) of title 28,
United States Code, is amended to read as follows:
‘‘(3) OFFICE
SPACE.—The Administrator of
General Services shall promptly provide appropriate
office space for each independent counsel. Such of-
fice space shall be within a Federal building unless
the Administrator of General Services determines
that other arrangements would cost less.’’.
SEC. 8. AUTHORITIES AND DUTIES OF INDEPENDENT
COUNSEL.
(a) COMPLIANCE WITH POLICIES OF THE DEPART-
MENT OF JUSTICE.—Section 594(f) of title 28, United
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States Code, is amended by striking ‘‘enforcement of the
criminal laws’’ and inserting ‘‘the enforcement of criminal
laws and the release of information relating to criminal
proceedings’’.
(b) LIMITATION ON EXPENDITURES.—Section 594 of
title 28, United States Code is amended by adding at the
end the following:
‘‘(m) LIMITATION
ON EXPENDITURES.—No funds
may be expended for the operation of any office of inde-
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. 9. TREATMENT OF CLASSIFIED INFORMATION.
Section 594(a) of title 28, United States Code, is
amended by adding at the end the following: ‘‘An inde-
pendent counsel appointed under this chapter who gains
access to classified information shall follow all procedures
established by the United States Government regarding
the maintenance, use, and disclosure of such information.
The failure to follow such procedures shall be grounds for
removal for good cause under section 596(a)(1), in addi-
tion to any penalty provided in section 798 of title 18 or
any other law that may apply.’’.
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SEC. 10. OUTSIDE LEGAL WORK.
Section 594(j)(1) of title 28, United States Code, is
amended by inserting before the period the following: ‘‘and
any such independent counsel may not during such period
engage in any legal work which is additional to the legal
work the counsel is engaged in as such a counsel’’.
SEC. 11. ELIMINATION OF REPORTS.
(a) SECTION 594.—Section 594(h) of title 28, United
States Code, is amended—
(1) by striking subparagraph (B) of paragraph
(1), by striking the dash, and by striking ‘‘(A)’’ and
running the text of subparagraph (A) after ‘‘shall’’;
(2) by striking everything after the first sen-
tence in paragraph (2); and
(3) by striking paragraph (3).
(b) SECTION 595.—Section 595(a) of title 28, United
States Code, is amended—
(1) by striking paragraph (2); and
(2) by striking the heading for paragraph (1)
and running the text of such paragraph into the
heading for subsection (a).
(c) SECTION 596.—Section 596(b) of title 28, United
States Code, is amended—
(1) in paragraph (1), by striking subparagraph
(B) of paragraph (1), by striking the dash, and by
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striking ‘‘(A)’’ and running the text of subparagraph
(A) after ‘‘when’’; and
(2) in paragraph (2), by striking the second
sentence.
SEC. 12. 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—
‘‘(A) the established policies of the Depart-
ment of Justice as required by section 594(f),
and
‘‘(B) section 594(j),
may be grounds for removing that independent
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, or
‘‘(B) upon the request of the Attorney
General,