Honorable James A. Leach

Page 16

of the records you seek are located, or in the Western District of Missouri, which is where other records you seek are located. 5 U.S.C. S 553 (a) (4) (B) .

Sincerely,

Enclosures

James Barker

Acting Deputy General Counsel

VERSION Enrolled Bill

BILL

TITLE

TEXT

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

SEC. 3. ADDED CONTROLS.

1994'.

(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

(1) conduct all activities with due regard for expense,

(11) authorize only reasonable and lawful expenditures; and

(111) 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 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. 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 title 28, United States Code, is amended (1) by striking (b) Compensation

following:

(b) Compensation. (1) In general

An' and

Until

Section 594 (b) of

An' and inserting the

(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 subsistance 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 employse assigned duties under subsection (1) (1) (A) (111) 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

(1) 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 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 5S-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.".

(a) 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 (1) (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

(2) National security

(4) by adding at the end the following new paragraph: 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