Directs the Attorney General to determine the special counsel's investigative and prosecutorial jurisdiction. Specifies that such determination shall not be subject to judicial review.
Directs the Attorney General, subject to congressional approval, to promulgate regulations governing the operation and removal of a special counsel. Specifies that a regulation promulgated by the Attorney General on the appointment, and the investigative or prosecutorial jurisdiction, of a special counsel shall not be subject to approval. Sets forth provisions regarding re-submission of regulations following disapproval.
Sets forth procedures for congressional approval by joint resolution of such regulations, including provisions regarding the contents of the resolution, referral to and discharge of committee, floor consideration, and coordination with action by the other house.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1427 Placed on Calendar Senate (PCS)]
Calendar No. 228
106th CONGRESS
1st Session
S. 1427
To authorize the Attorney General to appoint a special counsel to
investigate or prosecute a person for a possible violation of criminal
law when the Attorney General determines that the appointment of a
special counsel is in the public interest.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 1999
Mr. Thompson introduced the following bill; which was read the first
time
July 26, 1999
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To authorize the Attorney General to appoint a special counsel to
investigate or prosecute a person for a possible violation of criminal
law when the Attorney General determines that the appointment of a
special counsel is in the public interest.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Counsel Act of 1999''.
SEC. 2. SPECIAL COUNSEL.
(a) In General.--Part II of title 28, United States Code, is
amended by striking chapter 40 and inserting the following:
``CHAPTER 40--SPECIAL COUNSEL
``Sec.
``591. Special counsel.
``592. Jurisdiction.
``593. Regulations.
``Sec. 591. Special counsel
``The Attorney General may appoint a special counsel who is not an
officer or employee of the Federal Government to conduct the
investigation or prosecution of a person for a possible violation of
criminal law when the Attorney General determines that the appointment
of a special counsel is in the public interest only in accordance with
this chapter.
``Sec. 592. Jurisdiction
``(a) In General.--The Attorney General shall determine the special
counsel's investigative and prosecutorial jurisdiction under this
chapter.
``(b) Judicial Review.--The determination of jurisdiction by the
Attorney General under subsection (a) shall not be subject to judicial
review.
``Sec. 593. Regulations
``(a) In General.--
``(1) Promulgation.--
``(A) In general.--Subject to approval by Congress
as provided in subsection (b), the Attorney General
shall promulgate regulations governing the operation
and removal of a special counsel appointed under this
chapter.
``(B) Regulations not requiring approval.--A
regulation promulgated by the Attorney General on the
appointment of a special counsel and the investigative
or prosecutorial jurisdiction of a special counsel
shall not be subject to approval under this section.
``(2) Resubmission.--If regulations are disapproved under
subsection (b), the Attorney General shall submit new
regulations to Congress for approval not later than 60 days
after the date of disapproval. Any new regulations or changes
to existing regulations promulgated under this section shall be
subject to Congressional approval as provided in subsection
(b).
``(b) Congressional Approval.--
``(1) In general.--Any regulations promulgated by the
Attorney General under this section shall be subject to
approval by joint resolution as provided in this subsection.
``(2) Contents of resolution.--For the purposes of
paragraph (1), `joint resolution' means only a joint resolution
introduced after the date on which Congress receives the
regulations promulgated by the Attorney General under
subsection (a) the matter after the resolving clause of which
is as follows: ``The Congress approves the regulations
promulgated by the Attorney General pursuant to section 593(a)
of title 28, United States Code.''.
``(3) Referral to committee.--A resolution described in
paragraph (2) introduced in the House of Representatives shall
be referred to the Committee on Government Reform and the
Committee on the Judiciary of the House of Representatives. A
resolution described in paragraph (2) introduced in the Senate
shall be referred to the Committee on Governmental Affairs and
the Committee on the Judiciary of the Senate. Such a resolution
may not be reported before the 8th day after its introduction.
``(4) Discharge of committee.--If the committees to which
are referred a resolution described in paragraph (2) have not
reported such resolution (or an identical resolution) at the
end of 15 calendar days after its introduction, such committees
shall be deemed to be discharged from further consideration of
such resolution and such resolution shall be placed on the
appropriate calendar of the House involved.
``(5) Floor consideration.--
``(A) In general.--When the committees to which a
resolution is referred have reported, or have been
deemed to be discharged (under paragraph (4)) from
further consideration of, a resolution described in
paragraph (2), it is at any time thereafter in order
(even though a previous motion to the same effect has
been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the
resolution, and all points of order against the
resolution (and against consideration of the
resolution) are waived. The motion is highly privileged
in the House of Representatives and is privileged in
the Senate and is not debatable. The motion is not
subject to amendment, or to a motion to postpone, or to
a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the resolution is agreed to, the resolution shall
remain the unfinished business of the respective House
until disposed of.
``(B) Debate.--Debate on the resolution, and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours, which shall
be divided equally between those favoring and those
opposing the resolution. A motion further to limit
debate is in order and not debatable. An amendment to,
or a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the resolution is not in order. A motion to
reconsider the vote by which the resolution is agreed
to or disagreed to is not in order.
``(C) Vote on final passage.--Immediately following
the conclusion of the debate on a resolution described
in paragraph (1), and a single quorum call at the
conclusion of the debate if requested in accordance
with the rules of the appropriate House, the vote on
final passage of the resolution shall occur.
``(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure
relating to a resolution described in paragraph (2)
shall be decided without debate.
``(6) Coordination with action by other house.--If, before
the passage by one House of a resolution of that House
described in paragraph (2), that House receives from the other
House a resolution described in paragraph (2), then the
following procedures shall apply:
``(A) The resolution of the other House shall not
be referred to a committee.
``(B) With respect to a resolution described in
paragraph (2) of the House receiving the resolution--
``(i) the procedure in that House shall be
the same as if no resolution had been received
from the other House; but
``(ii) the vote on final passage shall be
on the resolution of the other House.
``(7) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
``(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
resolution described in paragraph (2), and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
``(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner and to the same extent as in the
case of any other rule of that House.''.
(b) Table of Chapters.--The item for chapter 40 in the table of
chapters for part II is amended by striking ``Independent Counsel'' and
inserting ``Special Counsel''.
SEC. 3. REGULATIONS.
(a) Existing Regulations.--This Act and the amendments made by this
Act shall apply to any regulations promulgated by the Attorney General
with respect to the operation or removal of a special counsel who is
not an officer or employee of the Federal Government to conduct the
investigation or prosecution of a person for a possible violation of
criminal law promulgated prior to the date of enactment of this Act.
(b) Initial Regulations.--The Attorney General shall promulgate the
regulations required by section 593 of title 28, United States Code, as
added by section 2, not later than 60 days after the date of enactment
of this Act.
Calendar No. 228
106th CONGRESS
1st Session
S. 1427
_______________________________________________________________________
A BILL
To authorize the Attorney General to appoint a special counsel to
investigate or prosecute a person for a possible violation of criminal
law when the Attorney General determines that the appointment of a
special counsel is in the public interest.
_______________________________________________________________________
July 26, 1999
Read the second time and placed on the calendar
Introduced in Senate
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 228.
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