[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 24 Engrossed in Senate (ES)]

103d CONGRESS

  1st Session

                                 S. 24

_______________________________________________________________________

                                 AN ACT

 To reauthorize the independent counsel law for an additional 5 years, 
                        and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  1st Session
                                 S. 24

_______________________________________________________________________

                                 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 1993''.

SEC. 2. FIVE-YEAR REAUTHORIZATION.

    Section 599 of title 28, United States Code, is amended by striking 
``1987'' and inserting ``1993''.

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) 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 Administrative Office of 
        the United States Courts shall provide administrative support 
        and guidance to each independent counsel. The Administrative 
        Office shall not disclose information related to an independent 
        counsel's expenditures, personnel, or administrative acts or 
        arrangements without the authorization of the independent 
        counsel, which shall not be withheld unless the Independent 
        Counsel determines that such information would interfere with a 
        pending investigation or prosecution.
            ``(3) Office space.--The General Services Administration, 
        in consultation with the Administrative Office, shall promptly 
        provide appropriate office space for each independent counsel. 
        Such office space shall be within a Federal building unless the 
        General Services Administration 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 1 of chapter 57 of title 5, 
        United States Code, including travel expenses and per diem in 
        lieu of subsistence in accordance with section 5703 of title 5.
            ``(3) Travel to primary office.--An independent counsel and 
        persons appointed under subsection (c) shall not be entitled to 
        the payment of travel and subsistence expenses under subchapter 
        1 of chapter 57 of title 5, United States Code, with respect to 
        duties performed in the city in which the primary office of 
        that independent counsel or person is located after 1 year of 
        service under this chapter. The one year period may be extended 
        by 3 months if the employee assigned duties under subsection 
        (e)(1)(A)(iii) certifies that the investigation will likely be 
        concluded within that time period.''.
    (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 IV of the 
Executive Schedule under section 5315 of title 5.''.
    (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 Department of Justice and 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 by--
            (1) 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) adding at the end thereof the following: ``To determine 
        these policies and policies under subsection (l)(1)(B), the 
        independent counsel shall, to the extent possible throughout 
        his or her term of office, consult with the Department of 
        Justice.'';
            (3) striking ``An independent'' and inserting the 
        following:
            ``(1) In general.--An independent''; and
            (4) adding at the end thereof the following new paragraph:
            ``(2) National security matters.--An independent counsel 
        shall consult with the Department of Justice with respect to 
        national security matters and shall comply with guidelines and 
        procedures utilized by the Department for 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 service, 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 ``each quarter a 
report detailing all monies expended and 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 or the reported expenditures by such independent 
counsel have reached $2,000,000, whichever occurs first, and 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.--By 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 by the date that is 90 days after 
the date on which the office is terminated. The Comptroller General 
shall audit each such statement and report the results of each audit to 
the appropriate committees of the Congress not later than March 31 of 
the year following the submission of any 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) Criminal Intent.--Section 592(a)(2)(B) of title 28, United 
States Code, is amended to read as follows:
            ``(B) After conducting an examination under section 591(d) 
        or preliminary investigation under this subsection, the 
        Attorney General shall not decline to proceed under this 
        chapter based upon a lack of evidence that the subject acted 
        with the state of mind required for a violation of criminal 
        law, unless the Attorney General determines that, based upon 
        the information obtained, there are no reasonable grounds to 
        believe that the subject acted with the state of mind required 
        for a violation of criminal law, and no reasonable possibility 
        that further investigation would develop such evidence.''.
    (l) 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 a matter, 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 the matter.''.
    (m) 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 necessary for law 
enforcement purposes''.
    (n) Requirement To Use Department of Justice Personnel.--Section 
594(d)(1) of title 28, United States Code, is amended to read as 
follows:
            ``(1) Required use.--An independent counsel shall request 
        assistance from the Department of Justice in carrying out the 
        functions of the independent counsel, and the Department of 
        Justice shall provide that assistance, which may include access 
        to any records, files, or other materials relevant to matters 
        within such independent counsel's prosecutorial jurisdiction, 
        and the use of the resources and personnel necessary to perform 
        such independent counsel's duties.''.
    (o) Attorney Fees.--Section 593(f) of title 28, United States Code, 
is amended--
            (1) in paragraph (1), by inserting before the last sentence 
        the following: ``No award of attorneys' fees shall be made for 
        any fees that would have been incurred by the individual if the 
        investigation had been conducted by the Department of 
        Justice.''; and
            (2) in paragraph (2), by striking everything after 
        ``subsection,'' and inserting the following: ``addressing--
                    ``(A) the sufficiency of the demonstration;
                    ``(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.''.
    (p) Final Report.--Section 594(h)(1)(B) of title 28, United States 
Code, is amended--
            (1) by striking ``fully and completely''; and
            (2) by striking ``, and the reasons'' 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 and 
Matters.--
            ``(1) In general.--When the Attorney General determines 
        that an investigation or prosecution of a person or matter 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 or matter in 
        accordance with section 592 if the Attorney General receives 
        information sufficient to constitute grounds to investigate 
        whether there may have been a violation of 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 by striking paragraphs (6) and (7) and 
inserting the following:
            ``(6) any individual who held an office or position 
        described in paragraphs (1) through (5), for 1 year after 
        leaving the office or position or until the President under 
        whom the individual served leaves office, whichever period 
        expires first;
            ``(7) any individual who held an office or position 
        described in paragraphs (1) through (5) during the incumbency 
        of 1 President and who continued to hold that office or 
        position for not more than 90 days into the term of the next 
        President, until the individual leaves such office or position; 
        and''.

SEC. 5. REPORT ON WHITE HOUSE OFFICE PERSONNEL.

    (a) Submission of Report.--Beginning on January 1, 1994, and again 
each 6 months thereafter, the President shall submit a report described 
under subsection (b) to the Committee on Governmental Affairs of the 
Senate and the Committee on Government Operations of the House of 
Representatives.
    (b) Contents.--The report under subsection (a) shall 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 under 
        paragraph (1), such individual's--
                    (A) name;
                    (B) position and title;
                    (C) annual rate of pay; and
                    (D) amount of Federal pay received in the 3-month 
                period immediately preceding the date of the submission 
                of the applicable report required by this section.

SEC. 6. REMOVAL OF INDEPENDENT COUNSEL FOR GOOD CAUSE.

    Section 596(a)(1) of title 28, United States Code, is amended by 
adding at the end thereof the following: ``For purposes of this 
paragraph, the term `good cause' includes, but is not limited to, (A) 
the failure of an independent counsel to follow written Department of 
Justice guidelines, subject to the limitations of sections 594(f)(1) 
and 594(l)(1)(B), respecting enforcement of the criminal laws, and (B) 
violations of canons of ethics governing the independent counsel and 
Federal prosecutors.''.

SEC. 7. EFFECTIVE DATE.

    The amendments made by this Act shall become effective on the date 
of enactment of this Act, except that the compensation restrictions 
added by section 3(c) of this Act shall apply only to employees 
appointed after the date of enactment of this Act.

            Passed the Senate November 18 (legislative day, November 
      2), 1993.

            Attest:






                                                             Secretary.

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