text: 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 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.''.
      (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, 
          including travel or transportation expenses in accordance with 
          section 5703 of title 5.
              ``(3) Travel to primary office.--An independent counsel and 
          any person 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 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 by that independent counsel or person (as the case may 
          be) 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. Any such certification shall be effective for 6 
          months, but may be renewed for additional periods of 6-months 
          each if, for each such renewal, the employee assigned duties 
          under subsection (l)(1)(A)(iii) makes a recertification with 
          respect to the public interest described in the preceding 
          sentence. In making any certification or recertification 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--
                      ``(A) the cost to the Government of reimbursing 
                  such travel and subsistence expenses;
                      ``(B) 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;
                      ``(C) 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
                      ``(D) 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.
          An employee making a certification or recertification under 
          this paragraph shall be liable for an invalid certification or 
          recertification to the same extent as a certifying official 
          certifying a voucher is liable under section 3528 of title 
          31.''.
      (c) Independent Counsel Employee Pay Comparability.--Section 594(c) 
  of title 28, United States Code, is amended by striking the last 
  sentence and inserting the following: ``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 Attorney General and the Director 
          of the Office of Government Ethics have authority to enforce 
          compliance with this subsection.''.
      (e) Compliance With Policies of the Department of Justice.--Section 
  594(f) of title 28, United States Code, 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, 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 Superintendent of Documents 
          sales program under section 1702 of title 44 and the depository 
          library program under section 1903 of such title.''; 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 not 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 shall, not later than March 31 of 
  the year following the submission of any such statement, report the 
  results of each audit to the Committee on the Judiciary and the 
  Committee on Government Operations of the House of Representatives and 
  to the Committee on Governmental Affairs and the Committee on the 
  Judiciary of the Senate.''.
  
  SEC. 4. MEMBERS OF CONGRESS.
  
      Section 591(c) of title 28, United States Code, is amended--
              (1) by indenting paragraphs (1) and (2) two ems to the 
          right and by redesignating such paragraphs as subparagraphs (A) 
          and (B), respectively;
              (2) by striking ``The Attorney'' and all that follows 
          through ``if--'' and inserting the following:
              ``(1) In general.--The Attorney General may conduct a 
          preliminary investigation in accordance with section 592 if--
          ''; 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. GROUNDS FOR REMOVAL.
  
      Section 596(a)(1) of title 28, United States Code, is amended by 
  striking ``physical disability, mental incapacity'' and inserting 
  ``physical or mental disability (consistent with prohibitions on 
  discrimination otherwise imposed by law)''.
  
  SEC. 6. EFFECTIVE DATE.
  
      The amendments made by this Act shall become effective on the date 
  of the enactment of this Act.
target: Independent Counsel Reauthorization Act of 1994 - Amends the Federal judicial code to reauthorize the independent counsel law for an additional five years. Requires an independent counsel to:  (1) conduct all activities with due regard for expense, authorize only reasonable and lawful expenditures, and (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; and (2) comply with the established policies of the Department of Justice (DOJ) regarding expenditures of funds, except to the extent that compliance would be inconsistent with the purposes of the Act. Directs:  (1) the Director of the Administrative Office of the United States Courts to provide administrative support and guidance to each independent counsel; and (2) the Administrator of General Services to provide office space for each independent counsel. Sets forth provisions regarding:  (1) independent counsel per diem expenses; (2) independent counsel employee pay comparability; (3) ethics enforcement; (4) compliance with DOJ policies; (5) publication of reports; (6) annual reports to the Congress; (7) periodic reappointment of independent counsel; and (8) audits by the Comptroller General. Authorizes the Attorney General to conduct a preliminary investigation upon the receipt of 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, when the Attorney General determines that it would be in the public interest. Includes as grounds for removal of an independent counsel physical or mental disability consistent with prohibitions on discrimination otherwise imposed by law (current law includes physical disability and mental incapacity). Requires an independent counsel to comply with guidelines and procedures used by DOJ in the handling and use of classified materials.
feat_title: Independent Counsel Reauthorization Act of 1994