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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Independent Counsel

5 Reauthorization Act of 1993’’.
2

•S 24 ES

1 SEC. 2. FIVE-YEAR REAUTHORIZATION.

2 Section 599 of title 28, United States Code, is

3 amended by striking ‘‘1987’’ and inserting ‘‘1993’’.

4 SEC. 3. ADDED CONTROLS.

5 (a) COST CONTROLS AND ADMINISTRATIVE SUP6 PORT.—Section 594 of title 28, United States Code, is

7 amended by adding at the end the following new sub8 section:

9 ‘‘(l) COST CONTROLS AND ADMINISTRATIVE SUP10 PORT.—

11 ‘‘(1) COST CONTROLS.—

12 ‘‘(A) IN GENERAL.—An independent coun13 sel shall—

14 ‘‘(i) conduct all activities with due re15 gard for expense;

16 ‘‘(ii) authorize only reasonable and

17 lawful expenditures; and

18 ‘‘(iii) promptly, upon taking office, as19 sign to a specific employee the duty of cer20 tifying that expenditures of the independ21 ent counsel are reasonable and made in ac22 cordance with law.

23 ‘‘(B) DEPARTMENT OF JUSTICE POLI24 CIES.—An independent counsel shall comply

25 with the established policies of the Department

26 of Justice respecting expenditures of funds, ex-
3

•S 24 ES

1 cept to the extent that compliance would be in2 consistent with the purposes of this chapter.

3 ‘‘(2) ADMINISTRATIVE SUPPORT.—The Admin4 istrative Office of the United States Courts shall

5 provide administrative support and guidance to each

6 independent counsel. The Administrative Office shall

7 not disclose information related to an independent

8 counsel’s expenditures, personnel, or administrative

9 acts or arrangements without the authorization of

10 the independent counsel, which shall not be withheld

11 unless the Independent Counsel determines that

12 such information would interfere with a pending in13 vestigation or prosecution.

14 ‘‘(3) OFFICE SPACE.—The General Services Ad15 ministration, in consultation with the Administrative

16 Office, shall promptly provide appropriate office

17 space for each independent counsel. Such office

18 space shall be within a Federal building unless the

19 General Services Administration determines that

20 other arrangements would cost less. Until such office

21 space is provided, the Administrative Office of the

22 United States Courts shall provide newly appointed

23 independent counsels immediately upon appointment

24 with appropriate, temporary office space, equipment,

25 and supplies.’’.
4

•S 24 ES

1 (b) INDEPENDENT COUNSEL PER DIEM EX2 PENSES.— Section 594(b) of title 28, United States Code,

3 is amended—

4 (1) by striking ‘‘(b) COMPENSATION.—An’’ and

5 inserting the following:

6 ‘‘(b) COMPENSATION.—

7 ‘‘(1) IN GENERAL.—An’’; and

8 (2) by adding at the end the following new

9 paragraphs:

10 ‘‘(2) TRAVEL EXPENSES.—Except as provided

11 in paragraph (3), an independent counsel and per12 sons appointed under subsection (c) shall be entitled

13 to the payment of travel expenses as provided by

14 subchapter 1 of chapter 57 of title 5, United States

15 Code, including travel expenses and per diem in lieu

16 of subsistence in accordance with section 5703 of

17 title 5.

18 ‘‘(3) TRAVEL TO PRIMARY OFFICE.—An inde19 pendent counsel and persons appointed under sub20 section (c) shall not be entitled to the payment of

21 travel and subsistence expenses under subchapter 1

22 of chapter 57 of title 5, United States Code, with re23 spect to duties performed in the city in which the

24 primary office of that independent counsel or person

25 is located after 1 year of service under this chapter.
5

•S 24 ES

1 The one year period may be extended by 3 months

2 if the employee assigned duties under subsection

3 (e)(1)(A)(iii) certifies that the investigation will like4 ly be concluded within that time period.’’.

5 (c) INDEPENDENT COUNSEL EMPLOYEE PAY COM6 PARABILITY.—Section 594(c) of title 28, United States

7 Code, is amended by striking the last sentence and insert8 ing: ‘‘Such employees shall be compensated at levels not

9 to exceed those payable for comparable positions in the

10 Office of United States Attorney for the District of Colum11 bia under sections 548 and 550, but in no event shall any

12 such employee be compensated at a rate greater than the

13 rate of basic pay payable for level IV of the Executive

14 Schedule under section 5315 of title 5.’’.

15 (d) ETHICS ENFORCEMENT.—Section 594(j) of title

16 28, United States Code, is amended by adding at the end

17 the following new paragraph:

18 ‘‘(5) ENFORCEMENT.—The Department of Jus19 tice and Office of Government Ethics have authority

20 to enforce compliance with this subsection.’’.

21 (e) COMPLIANCE WITH POLICIES OF THE DEPART22 MENT OF JUSTICE.—Section 594(f) of title 28, United

23 States Code, is amended by—

24 (1) striking ‘‘shall, except where not possible,

25 comply’’ and inserting ‘‘shall, except to the extent
6

•S 24 ES

1 that to do so would be inconsistent with the pur2 poses of this chapter, comply’’;

3 (2) adding at the end thereof the following: ‘‘To

4 determine these policies and policies under sub5 section (l)(1)(B), the independent counsel shall, to

6 the extent possible throughout his or her term of of7 fice, consult with the Department of Justice.’’;

8 (3) striking ‘‘An independent’’ and inserting the

9 following:

10 ‘‘(1) IN GENERAL.—An independent’’; and

11 (4) adding at the end thereof the following new

12 paragraph:

13 ‘‘(2) NATIONAL SECURITY MATTERS.—An inde14 pendent counsel shall consult with the Department

15 of Justice with respect to national security matters

16 and shall comply with guidelines and procedures uti17 lized by the Department for the handling and use of

18 classified material.’’.

19 (f) PUBLICATION OF REPORTS.—Section 594(h) of

20 title 28, United States Code, is amended by adding at the

21 end the following new paragraph:

22 ‘‘(3) PUBLICATION OF REPORTS.—At the re23 quest of an independent counsel, the Public Printer

24 shall cause to be printed any report previously re25 leased to the public under paragraph (2). The inde-
7

•S 24 ES

1 pendent counsel shall certify the number of copies

2 necessary for the public service, and the Public

3 Printer shall place the cost of the required number

4 to the debit of such independent counsel. Additional

5 copies shall be made available to the public through

6 the depository library program and Superintendent

7 of Documents sales program pursuant to sections

8 1702 and 1903 of title 44.’’.

9 (g) ANNUAL REPORTS TO CONGRESS.—Section

10 595(a)(2) of title 28, United States Code, is amended by

11 striking ‘‘such statements’’ and all that follows through

12 ‘‘appropriate’’ and inserting ‘‘each quarter a report detail13 ing all monies expended and annually a report on the ac14 tivities of the independent counsel, including a description

15 of the progress of any investigation or prosecution con16 ducted by the independent counsel. Such report may omit

17 any matter that in the judgment of the independent coun18 sel should be kept confidential, but shall provide informa19 tion adequate to justify the expenditures that the office

20 of the independent counsel has made’’.

21 (h) PERIODIC REAPPOINTMENT OF INDEPENDENT

22 COUNSEL.—Section 596(b)(2) of title 28, United States

23 Code, is amended by adding at the end the following new

24 sentence: ‘‘If the Attorney General has not made a request

25 under this paragraph, the division of the court shall deter-
8

•S 24 ES

1 mine on its own motion whether termination is appro2 priate under this paragraph no later than 2 years after

3 the appointment of an independent counsel or the reported

4 expenditures by such independent counsel have reached

5 $2,000,000, whichever occurs first, and at the end of each

6 succeeding 1-year period.’’.

7 (i) AUDITS BY THE COMPTROLLER GENERAL.—Sec8 tion 596(c) of title 28, United States Code, is amended

9 to read as follows:

10 ‘‘(c) AUDITS.—By December 31 of each year, an

11 independent counsel shall prepare a statement of expendi12 tures for the fiscal year that ended on the immediately

13 preceding September 30. An independent counsel whose

14 office is terminated prior to the end of the fiscal year shall

15 prepare a statement of expenditures by the date that is

16 90 days after the date on which the office is terminated.

17 The Comptroller General shall audit each such statement

18 and report the results of each audit to the appropriate

19 committees of the Congress not later than March 31 of

20 the year following the submission of any such statement.’’.

21 (j) THRESHOLD INQUIRY.—Section 591(d)(2) of title

22 28, United States Code, is amended by striking ‘‘15’’ each

23 time it appears and inserting ‘‘30’’.

24 (k) CRIMINAL INTENT.—Section 592(a)(2)(B) of title

25 28, United States Code, is amended to read as follows:
9

•S 24 ES

1 ‘‘(B) After conducting an examination under

2 section 591(d) or preliminary investigation under

3 this subsection, the Attorney General shall not de4 cline to proceed under this chapter based upon a

5 lack of evidence that the subject acted with the state

6 of mind required for a violation of criminal law, un7 less the Attorney General determines that, based

8 upon the information obtained, there are no reason9 able grounds to believe that the subject acted with

10 the state of mind required for a violation of criminal

11 law, and no reasonable possibility that further inves12 tigation would develop such evidence.’’.

13 (l) RECUSAL.—Section 591(e) of title 28, United

14 States Code, is amended to read as follows:

15 ‘‘(e) RECUSAL OF ATTORNEY GENERAL.—

16 ‘‘(1) WHEN RECUSAL IS REQUIRED.—(A) If in17 formation received under this chapter involves the

18 Attorney General, the next most senior official in the

19 Department of Justice who is not also recused shall

20 perform the duties assigned under this chapter to

21 the Attorney General.

22 ‘‘(B) If information received under this chapter

23 involves a person with whom the Attorney General

24 has a personal or financial relationship, the Attorney

25 General shall recuse himself or herself by designat-
10

•S 24 ES

1 ing the next most senior official in the Department

2 of Justice who is not also recused to perform the du3 ties assigned under this chapter to the Attorney

4 General.

5 ‘‘(2) REQUIREMENTS FOR RECUSAL DETER6 MINATION.—Before personally making any other de7 termination under this chapter with respect to a

8 matter, the Attorney General shall determine under

9 paragraph (1)(B) whether recusal is necessary. The

10 Attorney General shall set forth this determination

11 in writing, identify the facts considered by the Attor12 ney General, and set forth the reasons for the

13 recusal. The Attorney General shall file this deter14 mination with any notification or application submit15 ted to the division of the court under this chapter

16 with respect to the matter.’’.

17 (m) DISCLOSURE OF INFORMATION.—Section 592(e)

18 of title 28, United States Code, is amended by inserting

19 after ‘‘Except as otherwise provided in this chapter’’ the

20 following: ‘‘or as necessary for law enforcement purposes’’.

21 (n) REQUIREMENT TO USE DEPARTMENT OF JUS22 TICE PERSONNEL.—Section 594(d)(1) of title 28, United

23 States Code, is amended to read as follows:

24 ‘‘(1) REQUIRED USE.—An independent counsel

25 shall request assistance from the Department of
11

•S 24 ES

1 Justice in carrying out the functions of the inde2 pendent counsel, and the Department of Justice

3 shall provide that assistance, which may include ac4 cess to any records, files, or other materials relevant

5 to matters within such independent counsel’s pros6 ecutorial jurisdiction, and the use of the resources

7 and personnel necessary to perform such independ8 ent counsel’s duties.’’.

9 (o) ATTORNEY FEES.—Section 593(f) of title 28,

10 United States Code, is amended—

11 (1) in paragraph (1), by inserting before the

12 last sentence the following: ‘‘No award of attorneys’

13 fees shall be made for any fees that would have been

14 incurred by the individual if the investigation had

15 been conducted by the Department of Justice.’’; and

16 (2) in paragraph (2), by striking everything

17 after ‘‘subsection,’’ and inserting the following: ‘‘ad18 dressing—

19 ‘‘(A) the sufficiency of the demonstration;

20 ‘‘(B) the need or justification for the un21 derlying item;

22 ‘‘(C) whether the underlying item would

23 have been incurred but for the requirements of

24 this chapter; and
12

•S 24 ES

1 ‘‘(D) the reasonableness of the amount of

2 money requested.’’.

3 (p) FINAL REPORT.—Section 594(h)(1)(B) of title

4 28, United States Code, is amended—

5 (1) by striking ‘‘fully and completely’’; and

6 (2) by striking ‘‘, and the reasons’’ through the

7 period and inserting a period.

8 SEC. 4. MEMBERS OF CONGRESS.

9 (a) DISCRETIONARY AUTHORITY.—Section 591(c) of

10 title 28, United States Code, is amended to read as fol11 lows:

12 ‘‘(c) PRELIMINARY INVESTIGATION WITH RESPECT

13 TO OTHER PERSONS AND MATTERS.—

14 ‘‘(1) IN GENERAL.—When the Attorney General

15 determines that an investigation or prosecution of a

16 person or matter by the Department of Justice may

17 result in a personal, financial, or political conflict of

18 interest, the Attorney General may conduct a pre19 liminary investigation of such person or matter in

20 accordance with section 592 if the Attorney General

21 receives information sufficient to constitute grounds

22 to investigate whether there may have been a viola23 tion of Federal criminal law other than a violation

24 classified as a Class B or C misdemeanor or an in25 fraction.
13

•S 24 ES

1 ‘‘(2) MEMBERS OF CONGRESS.—When the At2 torney General determines that it would be in the

3 public interest, the Attorney General may conduct a

4 preliminary investigation in accordance with section

5 592 if the Attorney General receives information

6 sufficient to constitute grounds to investigate wheth7 er a Member of Congress may have violated any

8 Federal criminal law other than a violation classified

9 as a Class B or C misdemeanor or an infraction.’’.

10 (b) POSTEMPLOYMENT COVERAGE.—Section 591(b)

11 of title 28, United States Code, is amended by striking

12 paragraphs (6) and (7) and inserting the following:

13 ‘‘(6) any individual who held an office or posi14 tion described in paragraphs (1) through (5), for 1

15 year after leaving the office or position or until the

16 President under whom the individual served leaves

17 office, whichever period expires first;

18 ‘‘(7) any individual who held an office or posi19 tion described in paragraphs (1) through (5) during

20 the incumbency of 1 President and who continued to

21 hold that office or position for not more than 90

22 days into the term of the next President, until the

23 individual leaves such office or position; and’’.
14

•S 24 ES

1 SEC. 5. REPORT ON WHITE HOUSE OFFICE PERSONNEL.

2 (a) SUBMISSION OF REPORT.—Beginning on Janu3 ary 1, 1994, and again each 6 months thereafter, the

4 President shall submit a report described under subsection

5 (b) to the Committee on Governmental Affairs of the Sen6 ate and the Committee on Government Operations of the

7 House of Representatives.

8 (b) CONTENTS.—The report under subsection (a)

9 shall include—

10 (1) a list of each individual—

11 (A) employed by the White House Office;

12 or

13 (B) detailed to the White House Office;

14 and

15 (2) with regard to each individual described

16 under paragraph (1), such individual’s—

17 (A) name;

18 (B) position and title;

19 (C) annual rate of pay; and

20 (D) amount of Federal pay received in the

21 3-month period immediately preceding the date

22 of the submission of the applicable report re23 quired by this section.
15

•S 24 ES

1 SEC. 6. REMOVAL OF INDEPENDENT COUNSEL FOR GOOD

2 CAUSE.

3 Section 596(a)(1) of title 28, United States Code, is

4 amended by adding at the end thereof the following: ‘‘For

5 purposes of this paragraph, the term ‘good cause’ in6 cludes, but is not limited to, (A) the failure of an inde7 pendent counsel to follow written Department of Justice

8 guidelines, subject to the limitations of sections 594(f)(1)

9 and 594(l)(1)(B), respecting enforcement of the criminal

10 laws, and (B) violations of canons of ethics governing the

11 independent counsel and Federal prosecutors.’’.

12 SEC. 7. EFFECTIVE DATE.

13 The amendments made by this Act shall become ef14 fective on the date of enactment of this Act, except that

15 the compensation restrictions added by section 3(c) of this

16 Act shall apply only to employees appointed after the date

17 of enactment of this Act.

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

Attest:

Secretary.
16

•S 24 ES

S 24 ES——2

S 24 ES——3

S 24 ES——4

S 24 ES——5