Independent Counsel Reauthorization Act of 1987

Summary

Independent Counsel Reauthorization Act of 1987 - Revises and makes permanent the current statute regarding the appointment and duties of independent counsels. Requires the Attorney General to conduct a preliminary investigation whenever information is received sufficient to constitute grounds to investigate whether persons subject to this Act may have violated a criminal law other than a petty offense. (Current law requires the violation of a criminal law other than a Class B or C misdemeanor or an infraction.) Prohibits any court, if the Attorney General determines that there is insufficient information to conduct an investigation, from ordering the Attorney General to conduct a preliminary investigation. Sets forth a time schedule for the Attorney General to file a written report with the court if the Attorney General decides not to conduct a preliminary investigation. Includes among persons subject to this Act persons working in the Department of Justice who are compensated at or above level V (currently, at or above level III). Extends the overall cap on the time that covered persons are subject to this Act from two years to five years. Requires the Attorney General to designate the U.S. Attorney for the District of Columbia to perform the duties of the Attorney General in cases where information concerns an employee of the Department of Justice. Requires the Attorney General to designate another appropriate official if the U.S. Attorney for the District of Columbia is disqualified from the matter due to a personal or financial conflict of interest. Requires such designations to be in writing to the division of the court established for the purpose of appointing independent counsels (a division of the U.S. Court of Appeals for the District of Columbia). Prohibits the Attorney General from determining that the person who is the subject of an investigation lacked the state of mind required for the violation of criminal law. Requires the Attorney General, in determining whether reasonable grounds exist to warrant further investigation, to consider established policies of the Department of Justice which pertain to the conduct of criminal investigations. Provides that the division of the court may expand the prosecutorial jurisdiction of an independent counsel. Authorizes the court to remand a matter to the Attorney General for an explanation of why such matter will not be further investigated. Requires the court to appoint an independent counsel who will conduct the investigation and any prosecution in a prompt, responsible, and cost-effective manner. Prohibits the attorney fees of a defense counsel from exceeding the hourly rate of the independent counsel. Authorizes the court to direct the Attorney General to make a written evaluation of any request for attorney fees. Directs the court to give special consideration to congressional committee requests for the disclosure of information and to disclose sufficient information to permit the filing of amicus curiae briefs. Authorizes the Attorney General to conduct a preliminary investigation of an additional person or matter referred from the independent counsel if such person or matter is not covered in the independent counsel's prosecutorial jurisdiction. Authorizes the independent counsel to report evidence of noncriminal ethical violations to the Office of Government Ethics and any other Federal agency or officer having jurisdiction over noncriminal violations. Requires the independent counsel to file a report with the court within 30 days of appointment estimating the length of the investigation, staff needs, and expenses. Requires the counsel to file status reports every 60 days after such initial report, and a final report before termination of such office. Requires the independent counsel to segregate all grand jury materials from other materials compiled during the counsel's term of office. Requires that such materials be transferred to the control of the National Archivist upon termination of such office. Sets forth rules for the Archivist in releasing such materials. Establishes standards of conduct for the independent counsel and persons serving in such office. Prohibits the independent counsel and persons appointed by the counsel from representing subjects investigated or prosecuted by such office for five years following the termination of such office. Establishes provisions for congressional oversight of the conduct of the Attorney General. Declares that removal of an independent counsel for good cause shall not justify a removal based on the refusal of an independent counsel to obey an order of the President if that order would violate the purposes of this Act.

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Documents

3 official files

• Indefinitely postponed in Senate

  summary · EN · 3 November 1987

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 24 July 1987

  Open at official source

• Introduced in Senate

  summary · EN · 28 May 1987

  Open at official source

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