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
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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
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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
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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.’’.
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(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);
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(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 Presi- dent 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
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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.
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(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.