text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Independent Counsel Accountability 
  and Reform Act of 1996''.
  
  SEC. 2. BASIS FOR INVESTIGATION.
  
      (a) Preliminary Investigation.--Section 591 of title 28, United 
  States Code, is amended--
              (1) in subsection (a)--
                      (A) by striking ``information'' and inserting 
                  ``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 inserting 
                  ``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 ``information'' 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 subpoenas'' 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.
  
  SEC. 5. PROSECUTORIAL JURISDICTION OF INDEPENDENT COUNSEL.
  
      (a) Prosecutorial Jurisdiction.--Section 593(b) of title 28, United 
  States Code, is amended--
              (1) in paragraph (1)--
                      (A) by striking ``define'' and inserting ``, with 
                  specificity, define''; and
                      (B) by adding at the end the following: ``Such 
                  jurisdiction shall be limited to the alleged violations 
                  of criminal law with respect to which the Attorney 
                  General has requested the appointment of the 
                  independent counsel and matters directly related to 
                  such criminal violations.''; and
              (2) by amending paragraph (3) to read as follows:
              ``(3) Scope of prosecutorial jurisdiction.--In defining the 
          independent counsel's prosecutorial jurisdiction, the division 
          of the court shall assure that the independent counsel has 
          adequate authority to fully investigate and prosecute the 
          alleged violations of criminal law with respect to which the 
          Attorney General has requested the appointment of the 
          independent counsel and matters directly related to such 
          criminal violations, including perjury, 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 ``subject 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 directly 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 inserting 
                  ``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
              (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.--Section 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 Services 
          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 office 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 Department 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 independent counsel after the end of the 2-
  year period after its establishment, except to the extent that an 
  appropriations 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 independent 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 addition to any penalty provided in 
  section 798 of title 18 or any other law that may apply.''.
  
  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 sentence 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 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 REAPPOINTMENT 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 Department of 
                  Justice as required by section 594(f), and
                      ``(C) 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, or
                      ``(B) upon the request of the Attorney General,
          on the ground that the investigation conducted by the 
          independent counsel has been completed or substantially 
          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 investigation, or on the 
          ground that continuation of the investigation or prosecution 
          conducted by the independent counsel is not in the public 
          interest.''.
      (c) Quarterly 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 March 31, June 30, September 30, and 
  December 31 of each year, an independent counsel shall report to the 
  committees listed in paragraph (2)(B) the aggregate amount expended in 
  the previous quarter. The requirement to report such amount shall not 
  be construed to require a disclosure of the investigation for which 
  such amount was expended.''.
              (2) Effective date.--The amendment made by paragraph (1), 
          shall take effect at the end of the 1st quarter 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 terminated under subsection (b)(2). 
  If the court determines that such office will not be terminated under 
  such subsection, 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 
  applicable 2-year period, then that office of independent counsel shall 
  terminate at the end of that 90-day period.''.
  
  SEC. 13. TRAVEL EXPENSE REIMBURSEMENTS.
  
      (a) In General.--Section 594(b)(3)(A) of title 28, United States 
  Code, is amended in the second sentence by--
              (1) striking ``by 6 months'' and inserting ``for successive 
          6-month periods''; and
              (2) inserting ``on each occasion'' after ``certifies''.
      (b) Effective Date.--The amendments made by this section shall 
  apply to independent counsels and their appointees effective on or 
  after December 31, 1995.
  
  SEC. 14. EFFECTIVE DATE.
  
      Except as provided in section 13, the amendments made by this Act 
  shall not apply with respect to any investigation which is pending 
  before the independent counsel on the date of enactment of this Act.
target: Independent Counsel Accountability and Reform Act of 1996 - Amends the Federal judicial code to require specific information from a credible source sufficient to constitute grounds to investigate whether a person covered by the independent counsel statute (the Act) has violated specified criminal laws.  Authorizes the Attorney General (AG) to issue subpoenas duces tecum in conducting preliminary investigations.  Repeals provisions authorizing the AG to make certain determinations during such preliminary investigations. 
  Requires the division of the court that appoints an independent counsel (IC) to:  (1) define with specificity the IC's prosecutorial jurisdiction; and (2) assure that the IC has adequate authority to fully investigate and prosecute the alleged violations of criminal law with respect to which the AG has requested the appointment as well as matters directly related to such criminal violations. 
  Requires such court division to award attorney's fees when an individual is acquitted of all charges or no conviction is obtained against such individual, or when a conviction at a trial is overturned on appeal. 
  Requires the Administrator of General Services (currently, the Director of the Administrative Office of the United States Courts) to provide appropriate administrative support to ICs under the Act, including the provision of adequate office space. 
  Requires an IC to:  (1) comply with Department of Justice policies concerning the release of information relating to criminal proceedings; (2) limit office expenditures to a two-year period, unless an appropriations Act specifically makes funds available for such expenditures after the end of such period; (3) follow U.S. Government procedures regarding the treatment of classified information; and (4) refrain from engaging in outside legal work during the period of appointment as an IC. 
  Eliminates certain IC reporting requirements. 
  Revises provisions concerning the removal, termination, and periodic reappointment of an IC.  Requires quarterly reports to specified congressional committees on aggregate amounts expended by an IC in the previous quarter.  Provides travel expense reimbursements for successive six-month periods during the period of appointment as an IC.
feat_title: Independent Counsel Accountability and Reform Act of 1996