[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 24 Enrolled Bill (ENR)]
<DOC>
S.24
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To reauthorize the independent counsel law for an additional 5 years,
and for
other purposes.
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 ``Independent Counsel Reauthorization
Act of 1994''.
SEC. 2. FIVE-YEAR REAUTHORIZATION.
Section 599 of title 28, United States Code, is amended by striking
``1987'' and inserting ``1994''.
SEC. 3. ADDED CONTROLS.
(a) Cost Controls and Administrative Support.--Section 594 of title
28, United States Code, is amended by adding at the end the following
new subsection:
``(l) Cost Controls and Administrative Support.--
``(1) Cost controls.--
``(A) In general.--An independent counsel shall--
``(i) conduct all activities with due regard for
expense;
``(ii) authorize only reasonable and lawful
expenditures; and
``(iii) promptly, upon taking office, assign to a
specific employee the duty of certifying that expenditures
of the independent counsel are reasonable and made in
accordance with law.
``(B) Liability for invalid certification.--An employee
making a certification under subparagraph (A)(iii) shall be
liable for an invalid certification to the same extent as a
certifying official certifying a voucher is liable under
section 3528 of title 31.
``(C) Department of justice policies.--An independent
counsel shall comply with the established policies of the
Department of Justice respecting expenditures of funds, except
to the extent that compliance would be inconsistent with the
purposes of this chapter.
``(2) Administrative support.--The Director of the
Administrative Office of the United States Courts shall provide
administrative support and guidance to each independent counsel. No
officer or employee of the Administrative Office of the United
States Courts shall disclose information related to an independent
counsel's expenditures, personnel, or administrative acts or
arrangements without the authorization of the independent counsel.
``(3) Office space.--The Administrator of General Services, in
consultation with the Director of the Administrative Office of the
United States Courts, 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. Until
such office space is provided, the Administrative Office of the
United States Courts shall provide newly appointed independent
counsels immediately upon appointment with appropriate, temporary
office space, equipment, and supplies.''.
(b) Independent Counsel Per Diem Expenses.--Section 594(b) of title
28, United States Code, is amended--
(1) by striking ``(b) Compensation.--An'' and inserting the
following:
``(b) Compensation.--
``(1) In general.--An''; and
(2) by adding at the end the following new paragraphs:
``(2) Travel expenses.--Except as provided in paragraph (3), an
independent counsel and persons appointed under subsection (c)
shall be entitled to the payment of travel expenses as provided by
subchapter I of chapter 57 of title 5, United States Code,
including travel, per diem, and subsistence expenses in accordance
with section 5703 of title 5.
``(3) Travel to primary office.--
``(A) In general.--After 1 year of service under this
chapter, an independent counsel and persons appointed under
subsection (c) shall not be entitled to the payment of travel,
per diem, or subsistence expenses under subchapter I of chapter
57 of title 5, United States Code, for the purpose of commuting
to or from the city in which the primary office of the
independent counsel or person is located. The 1-year period may
be extended by 6 months if the employee assigned duties under
subsection (l)(1)(A)(iii) certifies that the payment is in the
public interest to carry out the purposes of this chapter.
``(B) Relevant factors.--In making any certification under
this paragraph with respect to travel and subsistence expenses
of an independent counsel or person appointed under subsection
(c), such employee shall consider, among other relevant
factors--
``(i) the cost to the Government of reimbursing such
travel and subsistence expenses;
``(ii) the period of time for which the independent
counsel anticipates that the activities of the independent
counsel or person, as the case may be, will continue;
``(iii) the personal and financial burdens on the
independent counsel or person, as the case may be, of
relocating so that such travel and subsistence expenses
would not be incurred; and
``(iv) the burdens associated with appointing a new
independent counsel, or appointing another person under
subsection (c), to replace the individual involved who is
unable or unwilling to so relocate.''.
(c) Independent Counsel Employee Pay Comparability.--Section 594(c)
of title 28, United States Code, is amended by striking the last
sentence and inserting: ``Such employees shall be compensated at levels
not to exceed those payable for comparable positions in the Office of
United States Attorney for the District of Columbia under sections 548
and 550, but in no event shall any such employee be compensated at a
rate greater than the rate of basic pay payable for level ES-4 of the
Senior Executive Service Schedule under section 5382 of title 5, as
adjusted for the District of Columbia under section 5304 of that title
regardless of the locality in which an employee is employed.''.
(d) Ethics Enforcement.--Section 594(j) of title 28, United States
Code, is amended by adding at the end the following new paragraph:
``(5) Enforcement.--The Attorney General and the Director of
the Office of Government Ethics have authority to enforce
compliance with this subsection.''.
(e) Compliance With Policies of the Department of Justice.--Section
594(f) of title 28, United States Code, is amended--
(1) by striking ``shall, except where not possible, comply''
and inserting ``shall, except to the extent that to do so would be
inconsistent with the purposes of this chapter, comply'';
(2) by adding at the end the following: ``To determine these
policies and policies under subsection (l)(1)(B), the independent
counsel shall, except to the extent that doing so would be
inconsistent with the purposes of this chapter, consult with the
Department of Justice.'';
(3) by striking ``An independent'' and inserting the following:
``(1) In general.--An independent''; and
(4) by adding at the end the following new paragraph:
``(2) National security.--An independent counsel shall comply
with guidelines and procedures used by the Department in the
handling and use of classified material.''.
(f) Publication of Reports.--Section 594(h) of title 28, United
States Code, is amended by adding at the end the following new
paragraph:
``(3) Publication of reports.--At the request of an independent
counsel, the Public Printer shall cause to be printed any report
previously released to the public under paragraph (2). The
independent counsel shall certify the number of copies necessary
for the public, and the Public Printer shall place the cost of the
required number to the debit of such independent counsel.
Additional copies shall be made available to the public through the
depository library program and Superintendent of Documents sales
program pursuant to sections 1702 and 1903 of title 44.''.
(g) Annual Reports to Congress.--Section 595(a)(2) of title 28,
United States Code, is amended by striking ``such statements'' and all
that follows through ``appropriate'' and inserting ``annually a report
on the activities of the independent counsel, including a description
of the progress of any investigation or prosecution conducted by the
independent counsel. Such report may omit any matter that in the
judgment of the independent counsel should be kept confidential, but
shall provide information adequate to justify the expenditures that the
office of the independent counsel has made''.
(h) Periodic Reappointment of Independent Counsel.--Section
596(b)(2) of title 28, United States Code, is amended by adding at the
end the following new sentence: ``If the Attorney General has not made
a request under this paragraph, the division of the court shall
determine on its own motion whether termination is appropriate under
this paragraph no later than 2 years after the appointment of an
independent counsel, at the end of the succeeding 2-year period, and
thereafter at the end of each succeeding 1-year period.''.
(i) Audits by the Comptroller General.--Section 596(c) of title 28,
United States Code, is amended to read as follows:
``(c) Audits.--(1) On or before June 30 of each year, an
independent counsel shall prepare a statement of expenditures for the 6
months that ended on the immediately preceding March 31. On or before
December 31 of each year, an independent counsel shall prepare a
statement of expenditures for the fiscal year that ended on the
immediately preceding September 30. An independent counsel whose office
is terminated prior to the end of the fiscal year shall prepare a
statement of expenditures on or before the date that is 90 days after
the date on which the office is terminated.
``(2) The Comptroller General shall--
``(A) conduct a financial review of a mid-year statement and a
financial audit of a year-end statement and statement on
termination; and
``(B) report the results to the Committee on the Judiciary,
Committee on Governmental Affairs, and Committee on Appropriations
of the Senate and the Committee on the Judiciary, Committee on
Government Operations, and Committee on Appropriations of the House
of Representatives not later than 90 days following the submission
of each such statement.''.
(j) Threshold Inquiry.--Section 591(d)(2) of title 28, United
States Code, is amended by striking ``15'' each time it appears and
inserting ``30''.
(k) Recusal.--Section 591(e) of title 28, United States Code, is
amended to read as follows:
``(e) Recusal of Attorney General.--
``(1) When recusal is required.--(A) If information received
under this chapter involves the Attorney General, the next most
senior official in the Department of Justice who is not also
recused shall perform the duties assigned under this chapter to the
Attorney General.
``(B) If information received under this chapter involves a
person with whom the Attorney General has a personal or financial
relationship, the Attorney General shall recuse himself or herself
by designating the next most senior official in the Department of
Justice who is not also recused to perform the duties assigned
under this chapter to the Attorney General.
``(2) Requirements for recusal determination.--Before
personally making any other determination under this chapter with
respect to information received under this chapter, the Attorney
General shall determine under paragraph (1)(B) whether recusal is
necessary. The Attorney General shall set forth this determination
in writing, identify the facts considered by the Attorney General,
and set forth the reasons for the recusal. The Attorney General
shall file this determination with any notification or application
submitted to the division of the court under this chapter with
respect to such information.''.
(l) Disclosure of Information.--Section 592(e) of title 28, United
States Code, is amended by inserting after ``Except as otherwise
provided in this chapter'' the following: ``or as is deemed necessary
for law enforcement purposes''.
(m) Clarification of Authority To Use Department of Justice
Personnel.--Section 594(d)(1) of title 28, United States Code, is
amended by adding at the end the following: ``At the request of an
independent counsel, prosecutors, administrative personnel, and other
employees of the Department of Justice may be detailed to the staff of
the independent counsel.''.
(n) Attorneys' Fees.--Section 593(f) of title 28, United States
Code, is amended--
(1) in the last sentence of paragraph (1) by inserting before
``Attorney General'' the following: ``the independent counsel who
conducted the investigation and''; and
(2) in paragraph (2)--
(A) by striking ``may direct'' and inserting ``shall direct
such independent counsel and''; and
(B) by striking all after ``subsection,'' and inserting the
following: ``addressing--
``(A) the sufficiency of the documentation;
``(B) the need or justification for the underlying item;
``(C) whether the underlying item would have been incurred
but for the requirements of this chapter; and
``(D) the reasonableness of the amount of money
requested.''.
(o) Final Report.--Section 594(h)(1)(B) of title 28, United States
Code, is amended by striking ``, and the reasons'' and all that follows
through the period and inserting a period.
SEC. 4. MEMBERS OF CONGRESS.
(a) Discretionary Authority.--Section 591(c) of title 28, United
States Code, is amended to read as follows:
``(c) Preliminary Investigation With Respect to Other Persons.--
``(1) In general.--When the Attorney General determines that an
investigation or prosecution of a person by the Department of
Justice may result in a personal, financial, or political conflict
of interest, the Attorney General may conduct a preliminary
investigation of such person in accordance with section 592 if the
Attorney General receives information sufficient to constitute
grounds to investigate whether that person may have violated
Federal criminal law other than a violation classified as a Class B
or C misdemeanor or an infraction.
``(2) Members of congress.--When the Attorney General
determines that it would be in the public interest, the Attorney
General may conduct a preliminary investigation in accordance with
section 592 if the Attorney General receives information sufficient
to constitute grounds to investigate whether a Member of Congress
may have violated any Federal criminal law other than a violation
classified as a Class B or C misdemeanor or an infraction.''.
(b) Postemployment Coverage.--Section 591(b) of title 28, United
States Code, is amended--
(1) by striking paragraphs (6) and (7);
(2) by redesignating paragraph (8) as paragraph (6), and, at
the end of that paragraph, striking the period and inserting ``;
and''; and
(3) by adding at the end the following new paragraph:
``(7) any individual who held an office or position described
in paragraph (1), (2), (3), (4), or (5) for 1 year after leaving
the office or position.''.
SEC. 5. GROUNDS FOR REMOVAL.
Section 596(a)(1) of title 28, United States Code, is amended by
striking ``physical disability, mental incapacity'' and inserting
``physical or mental disability (if not prohibited by law protecting
persons from discrimination on the basis of such a disability),''.
SEC. 6. REPORT ON WHITE HOUSE OFFICE PERSONNEL.
(a) Submission of Report.--On July 1 of each year, the President
shall submit a report described in subsection (b) to the Committee on
Governmental Affairs of the Senate and the Committee on Government
Operations of the House of Representatives.
(b) Contents.--A report under subsection (a) shall, except as
provided in subsection (c), include--
(1) a list of each individual--
(A) employed by the White House Office; or
(B) detailed to the White House Office; and
(2) with regard to each individual described in paragraph (1),
the individual's--
(A) name;
(B) position and title; and
(C) annual rate of pay.
(c) Exclusion From Report.--If the President determines that
disclosure of any item of information described in subsection (b) with
respect to any particular individual would not be in the interest of
the national defense or foreign policy of the United States--
(1) a report under subsection (a) shall--
(A) exclude such information with respect to that
individual; and
(B) include a statement of the number of individuals with
respect to whom such information has been excluded; and
(2) at the request of the Committee on Governmental Affairs of
the Senate or the Committee on Government Operations of the House
of Representatives, the information that was excluded from the
report shall be made available for inspection by such committee.
SEC. 7. TRANSITION PROVISIONS.
(a) In General.--Except as provided in this section, the amendments
made by this Act shall apply with respect to independent counsels
appointed before, on, or after the date of enactment of this Act.
(b) Assignment of Employee To Certify Expenditures.--An independent
counsel appointed prior to the date of enactment of this Act shall
assign to an employee the duty of certifying expenditures, as required
by section 594(l) of title 28, United States Code, as added by section
3(a), by the date that is 30 days after the date of enactment of this
Act.
(c) Office Space.--The Administrator of General Services, in
applying section 594(l)(3) of title 28, United States Code, as added by
section 3(a), to determine whether the office of an independent counsel
appointed prior to the date of enactment of this Act should be moved to
a Federal building, shall take into account the moving, legal, and
other expenses that might arise if the office were moved.
(d) Travel And Subsistence Expenses.--For purposes of the
restrictions on reimbursement of travel and subsistence expenses of an
independent counsel and employees of an office of independent counsel
contained in paragraph (3) of section 594(b) of title 28, United States
Code, as amended by section 3(b), as applied to the office of an
independent counsel appointed before the date of enactment of this Act,
the 1-year service period shall begin on the date of enactment of this
Act.
(e) Rates of Compensation.--The limitation on rates of compensation
of employees of an office of independent counsel contained in the last
sentence of section 594(c) of title 28, United States Code, as amended
by section 3(c), shall not be applied to cause a reduction in the rate
of compensation of an employee appointed before the date of enactment
of this Act.
(f) Periodic Reappointment.--The determinations by the division of
the court contained in the last sentence of section 596(b)(2) of title
28, United States Code, as amended by section 3(h), shall, for the
office of an independent counsel appointed before the date of enactment
of this Act, be required no later than 1 year after the date of
enactment of this Act and at the end of each succeeding 1-year period.
(g) Reporting Requirements.--No amendment made by this Act that
establishes or modifies a requirement that any person submit a report
to any other person with respect to an activity occurring during any
time period shall be construed to require that a report submitted prior
to the date of enactment of this Act, with respect to that time period
be supplemented to include information with respect to such activity.
(h) Regulatory Independent Counsel.--Notwithstanding the
restriction in section 593(b)(2) of title 28, United States Code, the
division of the court described in section 49 of that title may appoint
as an independent counsel any individual who, on the date of enactment
of this Act, is serving as a regulatory independent counsel under parts
600 and 603 of title 28, Code of Federal Regulations. If such an
individual is so appointed, such an independent counsel shall comply
with chapter 40 of title 28, United States Code, as amended by this
Act, in the same manner and to the same extent as an independent
counsel appointed before the date of enactment of this Act is required
to comply with that chapter, except that subsection (f) of this section
shall not apply to such an independent counsel.
(i) White House Personnel Report.--Section 6 shall take effect on
January 1, 1995.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.