[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 24 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 24
To reauthorize the independent counsel law for an additional 5 years,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 21 (legislative day, January 5), 1993
Mr. Levin (for himself and Mr. Cohen) introduced the following bill;
which was read twice and referred to the Committee on Governmental
Affairs
_______________________________________________________________________
A BILL
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.
``(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.''.
(b) Independent Counsel Per Diem Expenses.-- Section 594(b) of
title 28, United States Code, is amended--
(1) by striking ``An independent counsel'' and inserting
``(1) In general.--An independent counsel''; 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 unless 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.''.
(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) is amended 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''.
(f) Publication of Reports.--Section 594(h) of title 28, United
States Code, is amended--
(1) 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.''; and
(2) in the first sentence of paragraph (2), by striking
``appropriate'' the second place it appears and inserting ``in
the public interest, consistent with maximizing public
disclosure, ensuring a full explanation of independent counsel
activities and decisionmaking, and facilitating the release of
information and materials which the independent counsel has
determined should be disclosed''.
(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 3 years after the appointment of an
independent counsel and at the end of each succeeding 3-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.''.
SEC. 4. MEMBERS OF CONGRESS.
Section 591(c) of title 28, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by designating the text as paragraph (1) and inserting
at the beginning of the text the following: ``(1) In general.--
''; and
(3) by adding at the end the following new paragraph:
``(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.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall become effective on the date
of enactment of this Act.
<all>