'(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 An' and Until Section 594 (b) of An' and inserting the (2) by adding at the end the following new paragraphs: (1) In general (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 diam, 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 (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 (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, (111) 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 VERSION Enrolled Bill TITLE TEXT 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 To reauthorize the independent counsel law for an additional 5 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. • (A) In general An independent counsel shall (1) 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 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 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 (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 VERSION Enrolled 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 To reauthorize the independent counsel law for an additional 5 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: 31. (1) Cost Controls and Administrative Support. (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 '(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: (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 diam, 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 (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 (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 contime, (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 |