‘‘(3) SCOPE
OF
PROSECUTORIAL
JURISDIC-
TION.—In defining the independent counsel’s pros-
ecutorial jurisdiction, the division of the court shall
assure that the independent counsel has adequate
authority to fully investigate and prosecute the al-
leged violations of criminal law with respect to which
the Attorney General has requested the appointment
of the independent counsel, and matters directly re-
lated to such criminal violations, including perjury,
obstruction of justice, destruction of evidence, and
intimidation of witnesses.’’.
SEC. 8. ATTORNEY’S FEES.
The first sentence of section 593(f)(1) of title 28,
United States Code, is amended—
(1) by inserting after ‘‘investigation’’ the first
time it occurs the following: ‘‘or a witness in an in-
vestigation’’;
(2) by striking ‘‘the court may’’ and inserting
‘‘the court shall’’;
(3) by inserting after ‘‘pursuant to that inves-
tigation’’ the following: ‘‘or if such individual is ac-
quitted of all charges or no conviction is obtained
against such individual at a trial brought pursuant
to that investigation or if the conviction of that indi-
vidual is overturned on appeal’’; and
(4) by inserting after ‘‘during that investiga-
tion’’ the following: ‘‘, trial, and appeal (if any)’’.
SEC. 9. CONSULTATION WITH THE DEPARTMENT OF JUS-
TICE.
Section 594(d) is amended by adding after the first
sentence the following: ‘‘An independent counsel may, in
the independent counsel’s discretion, consult with the ap-
propriate components of the Department of Justice on
policies and practices of the Department so long as such
consultation does not compromise the independent coun-
sel’s independence.’’.
SEC. 10. AUTHORITIES AND DUTIES OF INDEPENDENT
COUNSEL.
(a) COMPLIANCE WITH POLICIES OF THE DEPART-
MENT OF JUSTICE.—Section 594(f) of title 28, United
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 the appointing
court specifically makes available funds for such office for
use after the end of that 2-year period.’’.
(c) PERIODIC REPORTS.—The last sentence of sec-
tion 595(a)(2) of title 28, United States Code, is amended
to read as follows: ‘‘Such report need not contain informa-
tion which would—
‘‘(A) compromise or undermine the con-
fidentiality of an ongoing investigation under
this chapter,
‘‘(B) adversely affect the outcome of any
prosecution under this chapter, or
‘‘(C) violate the personal privacy of any in-
dividual,
but shall provide information adequate to justify the
expenditures which the office of that independent
counsel has made, and indicate in general terms the
state of the work of the independent counsel.’’.
SEC. 11. 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 to comply with the established
policies of the Department of Justice as required by sec-
tion 594(f), or to comply with section 594(j) may be
grounds for removing that independent counsel from office
for good cause under this subsection.’’.
(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 and
that it would be appropriate for the Department of
Justice to complete such investigation or to conduct
any prosecution brought pursuant to such investiga-
tion.’’.
(c) 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 terminated under subsection (b)(2). If the
court determines that such office will not be termi-
nated under such subsection, the court shall re-
appoint 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.’’.
SEC. 12. JOB PROTECTIONS FOR INDIVIDUALS UNDER IN-
VESTIGATION.
(a) IN GENERAL.—Section 597 of title 28, United
States Code, is amended—
(1) by amending the section caption to read as
follows: