Independent Counsel Reauthorization Act of 1994
PL 103-270 (S.24), enacted 06/30/1994

108 STAT. 732 
PUBLIC LAW 103-270—JUNE 30, 1994 
Public Law 103-270 
103d Congress 
An Act 
June 30, 1994 
To reauthorize the independent counsel law for an additional 5 years, and for 
[S. 24] 
other purposes. 
Be it enncted by the Senate and House of Representatives of 
Independent 
the United States of America in Congress assembled, 
Counsel 
Reauthorization 
SECTION 1. SHORT TITLE. 
Act of 1994 
28 use 1 note 
This Act may be cited as the "Independent Counsel Reauthor-
ization 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: 
"(1) 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 expendi-
tures; and 
"(iii) promptly, upon taking office, assign to a spe-
cific 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 certifjdng official certifjdng a voucher is hable 
under section 3528 of title 31. 
"(C) DEPARTMENT OF JUSTICE POLICIES.—An independ-
ent 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 coun-
sel. No officer or employee of the Administrative Office of 
the United States Courts shall disclose information related 
PUBLIC LAW 103-270—JUNE 30, 1994 
108 STAT. 733 
to an independent counsel's expenditures, personnel, or 
administrative acts or arrangements without the authorization 
of the independent coiuisel. 
"(3) OFFICE SPACE.—^The Administrator of Greneral Services, 
in consultation Vidth the Director of the Administrative Office 
of the United States Courts, shedl promptly provide appropriate 
office space for each independent coimsel. Such office space 
shall be within a Federal building unless the Administrator 
of Greneral 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 sub-
section (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 
cnapter, an independent coiuisel and persons appointed 
under subsection (c) shall not be entitled to the payment 
of travel, per diem, or subsistence expenses under sub-
chapter I of chapter 57 of title 5, United States Code, 
for the purpose of commuting to or fi-om 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 
tinder 
subsection 
(l)(l)(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 (Jovemment of reimbursing 
such travel and subsistence expenses; 
"(ii) the period of time for which the independent 
coiuisel anticipates that the activities of the independ-
ent 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 unwilHng to so relocate.". 
108 STAT. 734 
PUBLIC LAW 103-270—JUNE 30, 1994 
Classified 
information. 
Public 
information. 
(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 com-
pensated at levels not to exceed those payable for comparable posi-
tions 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 Direc-
tor of the Office of Government Ethics have authority to enforce 
compliance with this subsection.". 
(e) CoMPLL\NCE WITH POLICIES OF THE DEPARTMENT OF JUS-
TICE.^-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 (1)(1XB), 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 follow-
ing: 
"(1) IN GENERAL.—An independent"; and 
(4) by adding at the end the following new paragraph: 
"(2) NATIONAL SECURITY.—^An independent coimsel shall 
comply with guidelines and procedures used by the Department 
in the handling £ind 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 
E
aragraph (2). The independent counsel shall certify the num-
er of copies necessary for the public, and the Public Printer 
shall place the cost of th^ 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". 
PUBLIC LAW 103-270—JUNE 30, 1994 
108 STAT. 735 
(h) PERIODIC REAPPOINTMENT OF INDEPENDENT COUNSEL.—Sec-
tion 596(b)(2) of title 28, United States Code, is amended by adding 
at the end the following new sentence: "If the Attorney General Courts, 
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 succeed-
ing 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 coimsel 
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 Grovemmental Affairs, and Committee on Appro-
priations 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 imder 
this chapter to the Attorney Greneral. 
"(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 (jeneral. 
"(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 Greneral 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 appUcation submitted to the division 
108 STAT. 736 
PUBLIC LAW 103-270—JUNE 30, 1994 
of the court under this chapter with respect to such informa-
tion.". 
(1) DISCLOSURE OF INFORMATION.—Section 592(e) of title 28, 
United States Code, is amended by inserting after "Except as other-
wise 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 
reouested " 
(o) FINAL REPORT.—Section 594(h)(1)(B) of title 28, United 
States Code, is amended by striking ", and the reasons" and aU 
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 PER-
SONS.— 
"(1) IN GENERAL.—^When the Attorney General determines 
that an investigation or prosecution of a person by the Depart-
ment of Justice may result in a personal, financial, or political 
conflict of interest, the Attorney General may conduct a prelimi-
nary 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 classi-
fied 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 Mem-
ber of Congress may have violated any Federal criminal law 
other than a violation classified as a Class B or C misdemeanor 
or an infiraction.". 
(b) POSTEMPLOYMENT COVERAGE.—Section 591(b) of title 28, 
United States Code, is amended— 
(1) by striking paragraphs (6) and (7); 
PUBLIC LAW 103-270—JUNE 30, 1994 
108 STAT. 737 
(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) £iny 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 incapacit)^' and inserting 
"physical or mental disability (if not prohibited by law protecting 
persons from discrimination on the basis of such a disabiUty), . 
SEC. 6. REPORT ON WHITE HOUSE OFFICE PERSONNEL. 
3 USC 113 note. 
(a) SUBMISSION OF REPORT.—On July 1 of each year, the Presi-
dent shall submit a report described in subsection (b) to the Commit-
tee on Governmental Affairs of the Senate and the Committee 
on Grovemment Operations of the House of Representatives. 
(b) CONTENTS.—^A report under subsection (a) shall, except as 
provided in subsection (c), include— 
(l)alist 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 Govemmentgd 
Affairs of the Senate or the Committee on CJovernment Oper-
ations of the House of Representatives, the information that 
was excluded from the report shall be made available for inspec-
tion by such committee. 
SEC. 7. TRANSITION PROVISIONS. 
Effective dates. 
(a) IN GENERAL.—Except as provided in this section, the amend-
ments made by this Act shall apply with respect to independent 
counsels appointed before, on, or sJter 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(1) 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(1)(3) of title 28, United States Code, as added 
108 STAT. 738 
PUBLIC LAW 103-270—JUNE 30, 1994 
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 Federsil 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 com-
pensation 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 divi-
sion 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 EUI 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 Regula-
tions. 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 (£) of this section shall not apply to such 
an independent counsel. 
PUBLIC LAW 103-270—JUNE 30, >994 
108 STAT. 739 
(i) WHITE HOUSE PERSONNEL REPORT.—Section 6 shall take 
efTect on January 1,1995. 
Approved June 30, 1994. 
LEGISLATIVE HISTORY—S. 24 (H.R. 811): 
HOUSE REPORTS: Nos. 103-224 accompanying H.R. 811 (Coram, on the Judiciary) 
and 103-511 (Comm. of Conference). 
SENATE REPORTS: No. 103-101 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD: 
Vol. 139 (1993): Nov. 17, 18, considered and passed Senate. 
Vol. 140 (1994): Feb. 10, H.R. 811 considered and passed House; S. 24, amended, 
passed in lieu. 
May 25, Senate agreed to conference report. 
June 21, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 30 (1994): 
June 30, Presidential statement.