-CITE-
    28 USC CHAPTER 40 - INDEPENDENT COUNSEL                     01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 40 - INDEPENDENT COUNSEL

-HEAD-
                     CHAPTER 40 - INDEPENDENT COUNSEL                 

-MISC1-
    Sec.                                                     
    591.        Applicability of provisions of this chapter.          
    592.        Preliminary investigation and application for
                 appointment of an independent counsel.               
    593.        Duties of the division of the court.                  
    594.        Authority and duties of an independent counsel.       
    595.        Congressional oversight.                              
    596.        Removal of an independent counsel; termination of
                 office.                                              
    597.        Relationship with Department of Justice.              
    598.        Severability.                                         
    599.        Termination of effect of chapter.                     

                                AMENDMENTS                            
      1987 - Pub. L. 100-191, Sec. 2, Dec. 15, 1987, 101 Stat. 1293,
    amended chapter 40 heading and analysis generally, substituting
    items 591 to 599 for former items 591 to 598.
      1986 - Pub. L. 99-554, title I, Sec. 144(g)(1), Oct. 27, 1986,
    100 Stat. 3097, substituted "40" for "39" as chapter designation.
      1983 - Pub. L. 97-409, Sec. 2(a)(1)(A), Jan. 3, 1983, 96 Stat.
    2039, substituted "independent counsel" for "special prosecutor" in
    chapter heading and in items 592, 594, and 596.

-End-

-CITE-
    28 USC Sec. 591                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 40 - INDEPENDENT COUNSEL

-HEAD-
    Sec. 591. Applicability of provisions of this chapter

-STATUTE-
      (a) Preliminary Investigation With Respect to Certain Covered
    Persons. - The Attorney General shall conduct a preliminary
    investigation in accordance with section 592 whenever the Attorney
    General receives information sufficient to constitute grounds to
    investigate whether any person described in subsection (b) may have
    violated any Federal criminal law other than a violation classified
    as a Class B or C misdemeanor or an infraction.
      (b) Persons to Whom Subsection (a) Applies. - The persons
    referred to in subsection (a) are - 
        (1) the President and Vice President;
        (2) any individual serving in a position listed in section 5312
      of title 5;
        (3) any individual working in the Executive Office of the
      President who is compensated at a rate of pay at or above level
      II of the Executive Schedule under section 5313 of title 5;
        (4) any Assistant Attorney General and any individual working
      in the Department of Justice who is compensated at a rate of pay
      at or above level III of the Executive Schedule under section
      5314 of title 5;
        (5) the Director of Central Intelligence, the Deputy Director
      of Central Intelligence, and the Commissioner of Internal
      Revenue;
        (6) the chairman and treasurer of the principal national
      campaign committee seeking the election or reelection of the
      President, and any officer of that committee exercising authority
      at the national level, during the incumbency of the President;
      and
        (7) any 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.

      (c) Preliminary Investigation With Respect to Other Persons. - 
        (1) In general. - When the Attorney General determines that an
      investigation or prosecution of a person by the Department of
      Justice may result in a personal, financial, or political
      conflict of interest, the Attorney General may conduct a
      preliminary 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 classified 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 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.

      (d) Examination of Information to Determine Need for Preliminary
    Investigation. - 
        (1) Factors to be considered. - In determining under subsection
      (a) or (c) (or section 592(c)(2)) whether grounds to investigate
      exist, the Attorney General shall consider only - 
          (A) the specificity of the information received; and
          (B) the credibility of the source of the information.

        (2) Time period for making determination. - The Attorney
      General shall determine whether grounds to investigate exist not
      later than 30 days after the information is first received. If
      within that 30-day period the Attorney General determines that
      the information is not specific or is not from a credible source,
      then the Attorney General shall close the matter. If within that
      30-day period the Attorney General determines that the
      information is specific and from a credible source, the Attorney
      General shall, upon making that determination, commence a
      preliminary investigation with respect to that information. If
      the Attorney General is unable to determine, within that 30-day
      period, whether the information is specific and from a credible
      source, the Attorney General shall, at the end of that 30-day
      period, commence a preliminary investigation with respect to that
      information.

      (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 under this chapter to
      the Attorney General.
        (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 General.
        (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 General 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 application submitted to the division of the
      court under this chapter with respect to such information.

-SOURCE-
    (Added Pub. L. 95-521, title VI, Sec. 601(a), Oct. 26, 1978, 92
    Stat. 1867; amended Pub. L. 97-409, Secs. 3, 4(a), Jan. 3, 1983, 96
    Stat. 2039, 2040; Pub. L. 98-473, title II, Sec. 228(b), Oct. 12,
    1984, 98 Stat. 2030; Pub. L. 100-191, Sec. 2, Dec. 15, 1987, 101
    Stat. 1293; Pub. L. 103-270, Secs. 3(j), (k), 4, June 30, 1994, 108
    Stat. 735, 736.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b)(6) to (8). Pub. L. 103-270, Sec. 4(b),
    redesignated par. (8) as (6) and substituted "; and" for the period
    at end, added par. (7), and struck out former pars. (6) and (7)
    which read as follows:
      "(6) any individual who leaves any office or position described
    in any of paragraphs (1) through (5) of this subsection, during the
    incumbency of the President under whom such individual served in
    the office or position plus one year after such incumbency, but in
    no event longer than a period of three years after the individual
    leaves the office or position;
      "(7) any individual who held an office or position described in
    any of paragraphs (1) through (5) of this subsection during the
    incumbency of one President and who continued to hold the office or
    position for not more than 90 days into the term of the next
    President, during the 1-year period after the individual leaves the
    office or position; and".
      Subsec. (c). Pub. L. 103-270, Sec. 4(a), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows:
    "Preliminary Investigation With Respect to Persons Not Listed in
    Subsection (b). - The Attorney General may conduct a preliminary
    investigation in accordance with section 592 if - 
        "(1) the Attorney General receives information sufficient to
      constitute grounds to investigate whether any person other than a
      person described in subsection (b) may have violated any Federal
      criminal law other than a violation classified as a Class B or C
      misdemeanor or an infraction; and
        "(2) the Attorney General determines that an investigation or
      prosecution of the person, with respect to the information
      received, by the Attorney General or other officer of the
      Department of Justice may result in a personal, financial, or
      political conflict of interest."
      Subsec. (d)(2). Pub. L. 103-270, Sec. 3(j), substituted "30" for
    "15" wherever appearing.
      Subsec. (e). Pub. L. 103-270, Sec. 3(k), amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows: "(e)
    Recusal of Attorney General. - 
        "(1) When recusal is required. - If information received under
      this chapter involves the Attorney General or a person with whom
      the Attorney General has a current or recent personal or
      financial relationship, the Attorney General shall recuse himself
      or herself by designating the next most senior officer in the
      Department of Justice whom that information does not involve and
      who does not have a current or recent personal or financial
      relationship with such person to perform the duties assigned
      under this chapter to the Attorney General with respect to that
      information.
        "(2) Requirements for recusal determination. - The Attorney
      General shall, before personally making any other determination
      under this chapter with respect to information received under
      this chapter, determine under paragraph (1) whether to recuse
      himself or herself with respect to that information. A
      determination to recuse shall be in writing, shall identify the
      facts considered by the Attorney General, and shall set forth the
      reasons for the recusal. The Attorney General shall file this
      determination with any notification or application submitted to
      the division of the court under this chapter with respect to the
      information involved."
      1987 - Pub. L. 100-191 amended section generally, substituting
    subsecs. (a) to (e) relating to applicability of chapter for former
    subsecs. (a) to (c) relating to similar subject.
      1984 - Subsec. (a). Pub. L. 98-473 substituted "Class B or C
    misdemeanor or an infraction" for "petty offense".
      1983 - Subsec. (a). Pub. L. 97-409, Sec. 4(a)(1), substituted
    "information sufficient to constitute grounds to investigate" for
    "specific information" after "the Attorney General receives".
      Subsec. (b)(3). Pub. L. 97-409, Sec. 3, substituted "who is
    compensated at or above a rate equivalent to level II" for "and
    compensated at a rate not less than the annual rate of basic pay
    provided for level IV".
      Subsec. (b)(4), (5). Pub. L. 97-409, Sec. 3, redesignated as par.
    (5) "the Director of Central Intelligence" and all that followed
    through end of par. (4). Former par. (5) redesignated (6).
      Subsec. (b)(6). Pub. L. 97-409, Sec. 3, redesignated former par.
    (5) as (6) and substituted "through (5) of this subsection during
    the period consisting of the incumbency of the President such
    individual serves plus one year after such incumbency, but in no
    event longer than two years after the individual leaves office;"
    for "through (4) of this subsection during the incumbency of the
    President or during the period the last preceding President held
    office, if such preceding President was of the same political party
    as the incumbent President; and". Former par. (6) redesignated (8).
      Subsec. (b)(7). Pub. L. 97-409, Sec. 3, added par. (7).
      Subsec. (b)(8). Pub. L. 97-409, Sec. 3, redesignated former par.
    (6) as (8) and substituted "the chairman and treasurer of the
    principal national campaign committee seeking the election or
    reelection of the President, and any officer of the campaign
    exercising authority at the national level, such as the campaign
    manager or director, during the incumbency of the President" for
    "any officer of the principal national campaign committee seeking
    the election or reelection of the President".
      Subsec. (c). Pub. L. 97-409, Sec. 4(a)(2), added subsec. (c).

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-MISC2-
          EFFECTIVE DATE OF 1994 AMENDMENT; TRANSITION PROVISIONS      
      Section 7 of Pub. L. 103-270 provided that:
      "(a) In General. - Except as provided in this section, the
    amendments made by this Act [amending this section and sections 592
    to 596 and 599 of this title] shall apply with respect to
    independent counsels appointed before, on, or after the date of
    enactment of this Act [June 30, 1994].
      "(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(l) 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(l)(3) of title 28, United States Code, as
    added 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 Federal 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
    compensation 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 division
    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 an 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
    Regulations. 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 (f) of this section shall not apply
    to such an independent counsel.
      "(i) White House Personnel Report. - Section 6 [enacting
    provisions set out as a note under section 113 of Title 3, The
    President] shall take effect on January 1, 1995."

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 6 of Pub. L. 100-191 provided that:
      "(a) In General. - Subject to subsection (b), the amendments made
    by this Act [enacting section 599 of this title, amending this
    section, sections 49 and 592 to 598 of this title, sections 203 and
    205 of Pub. L. 95-521 set out in the Appendix to Title 5,
    Government Organization and Employees, and section 202 of Title 18,
    Crimes and Criminal Procedure, enacting provisions set out as a
    note under section 1 of this title, and amending provisions set out
    below] take effect on the date of the enactment of this Act [Dec.
    15, 1987].
      "(b) Pending Proceedings. - With respect to any proceeding under
    chapter 39 of title 28, United States Code (before the
    redesignation of such chapter as chapter 40 by section 144(g) of
    Public Law 99-554), or under chapter 40 of such title (after such
    redesignation), which is pending on the date of the enactment of
    this Act [Dec. 15, 1987], the following shall apply:
        "(1) Except as provided in paragraphs (2) and (3), the
      provisions of chapter 40 of such title as in effect on the day
      before such date of enactment shall, in lieu of the amendments
      made by this Act, continue to apply on or after such date to such
      proceeding until such proceeding is terminated in accordance with
      such chapter.
        "(2) The following provisions shall apply to such proceeding on
      or after such date of enactment:
          "(A) Section 593(f) of title 28, United States Code, as
        amended by section 2 of this Act, relating to the award of
        attorneys' fees.
          "(B) Section 594(d)(2) of such title, as added by section 2
        of this Act, to the extent that such section 594(d)(2) relates
        to reports by the Attorney General on expenditures by
        independent counsel, except that the first such report shall be
        made only with respect to expenditures on or after the date of
        the enactment of this Act.
          "(C) Section 594(h)(1)(A) of such title, as added by section
        2 of this Act, relating to reports by independent counsel,
        except that the 6-month periods described in such section
        594(h)(1)(A) shall be calculated from the date of the enactment
        of this Act.
          "(D) Section 594(i) of such title, as added by section 2 of
        this Act, relating to the independence of the office of
        independent counsel for certain purposes.
          "(E) Section 594(k) of such title, as added by section 2 of
        this Act, relating to custody of records of independent
        counsel.
          "(F) Section 596(a)(3) of such title, as amended by section 2
        of this Act, relating to judicial review of the removal of an
        independent counsel from office.
          "(G) Section 596(c) of such title, as added by section 2 of
        this Act, relating to audits of expenditures of independent
        counsel.
          "(H) The amendments made by section 3 of this Act [amending
        sections 203 and 205 of Pub. L. 95-521, set out in Appendix to
        Title 5, and section 202 of Title 18], relating to the status
        of independent counsel and their appointees as special
        government employees and to their financial disclosure
        requirements.
        "(3) Section 594(j) of title 28, United States Code, as added
      by section 2 of this Act, relating to certain standards of
      conduct shall, 90 days after the date of the enactment of this
      Act, apply to a pending proceeding described in this subsection."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Section 235(a)(1)(B)(ii)(IV) of Pub. L. 98-473 provided that the
    amendment made by Pub. L. 98-473 is effective Oct. 12, 1984.

                              EFFECTIVE DATE                          
      Section 604 of Pub. L. 95-521 provided that: "Except as provided
    in this section, the amendments made by this title [enacting this
    chapter and sections 49, 528, and 529 of this title] shall take
    effect on the date of the enactment of this Act [Oct. 26, 1978].
    The provisions of chapter 39 of title 28 of the United States Code,
    as added by section 601 of this Act, shall not apply to specific
    information received by the Attorney General pursuant to section
    591 of such title 28, if the Attorney General determines that - 
        "(1) such specific information is directly related to a
      prosecution pending at the time such specific information is
      received by the Attorney General;
        "(2) such specific information is related to a matter which has
      been presented to a grand jury and is received by the Attorney
      General within one hundred and eighty days of the date of the
      enactment of this Act; or
        "(3) such specific information is related to an investigation
      that is pending at the time such specific information is received
      by the Attorney General, and such specific information is
      received by the Attorney General within ninety days of the date
      of the enactment of this Act."

       PERMANENT APPROPRIATION FOR EXPENSES OF INDEPENDENT COUNSELS   
      Pub. L. 100-202, Sec. 101(a) [title II], Dec. 22, 1987, 101 Stat.
    1329, 1329-9, provided: "That a permanent indefinite appropriation
    is established within the Department of Justice to pay all
    necessary expenses of investigations and prosecutions by
    independent counsel appointed pursuant to the provisions of 28
    U.S.C. 591 et seq. or other law: Provided further, That the
    Comptroller General shall perform semiannual financial reviews of
    expenditures from the Independent Counsel permanent indefinite
    appropriation, and report their findings to the Committees on
    Appropriations of the House and Senate".
      [For termination, effective May 15, 2000, of provisions of
    section 101(a) [title II] of Pub. L. 100-202, set out above, which
    require the Comptroller General to report findings of semiannual
    financial reviews to the Committees on Appropriations of the House
    and Senate, see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance, and
    page 9 of House Document No. 103-7.]

                 CONTINGENCY FUND FOR INDEPENDENT COUNSELS             
      Section 601(c) of Pub. L. 95-521, as amended by Pub. L. 97-409,
    Sec. 2(c)(2), Jan. 3, 1983, 96 Stat. 2039; Pub. L. 100-191, Sec.
    5(b), Dec. 15, 1987, 101 Stat. 1307, provided that: "There are
    authorized to be appropriated for each fiscal year such sums as may
    be necessary, to be held by the Department of Justice as a
    contingent fund for the use of any independent counsels appointed
    under chapter 40 (relating to independent counsels) of title 28 of
    the United States Code in the carrying out of functions under such
    chapter."

-End-

-CITE-
    28 USC Sec. 592                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 40 - INDEPENDENT COUNSEL

-HEAD-
    Sec. 592. Preliminary investigation and application for appointment
      of an independent counsel

-STATUTE-
      (a) Conduct of Preliminary Investigation. - 
        (1) In general. - A preliminary investigation conducted under
      this chapter shall be of such matters as the Attorney General
      considers appropriate in order to make a determination, under
      subsection (b) or (c), on whether further investigation is
      warranted, with respect to each potential violation, or
      allegation of a violation, of criminal law. The Attorney General
      shall make such determination not later than 90 days after the
      preliminary investigation is commenced, except that, in the case
      of a preliminary investigation commenced after a congressional
      request under subsection (g), the Attorney General shall make
      such determination not later than 90 days after the request is
      received. The Attorney General shall promptly notify the division
      of the court specified in section 593(a) of the commencement of
      such preliminary investigation and the date of such commencement.
        (2) Limited authority of attorney general. - (A) In conducting
      preliminary investigations under this chapter, the Attorney
      General shall have no authority to convene grand juries, plea
      bargain, grant immunity, or issue subpoenas.
        (B)(i) The Attorney General shall not base a determination
      under this chapter that information with respect to a violation
      of criminal law by a person is not specific and from a credible
      source upon a determination that such person lacked the state of
      mind required for the violation of criminal law.
        (ii) The Attorney General shall not base a determination under
      this chapter that there are no reasonable grounds to believe that
      further investigation is warranted, upon a determination that
      such person lacked the state of mind required for the violation
      of criminal law involved, unless there is clear and convincing
      evidence that the person lacked such state of mind.
        (3) Extension of time for preliminary investigation. - The
      Attorney General may apply to the division of the court for a
      single extension, for a period of not more than 60 days, of the
      90-day period referred to in paragraph (1). The division of the
      court may, upon a showing of good cause, grant such extension.

      (b) Determination That Further Investigation Not Warranted. - 
        (1) Notification of division of the court. - If the Attorney
      General, upon completion of a preliminary investigation under
      this chapter, determines that there are no reasonable grounds to
      believe that further investigation is warranted, the Attorney
      General shall promptly so notify the division of the court, and
      the division of the court shall have no power to appoint an
      independent counsel with respect to the matters involved.
        (2) Form of notification. - Such notification shall contain a
      summary of the information received and a summary of the results
      of the preliminary investigation.

      (c) Determination That Further Investigation is Warranted. - 
        (1) Application for appointment of independent counsel. - The
      Attorney General shall apply to the division of the court for the
      appointment of an independent counsel if - 
          (A) the Attorney General, upon completion of a preliminary
        investigation under this chapter, determines that there are
        reasonable grounds to believe that further investigation is
        warranted; or
          (B) the 90-day period referred to in subsection (a)(1), and
        any extension granted under subsection (a)(3), have elapsed and
        the Attorney General has not filed a notification with the
        division of the court under subsection (b)(1).

      In determining under this chapter whether reasonable grounds
      exist to warrant further investigation, the Attorney General
      shall comply with the written or other established policies of
      the Department of Justice with respect to the conduct of criminal
      investigations.
        (2) Receipt of additional information. - If, after submitting a
      notification under subsection (b)(1), the Attorney General
      receives additional information sufficient to constitute grounds
      to investigate the matters to which such notification related,
      the Attorney General shall - 
          (A) conduct such additional preliminary investigation as the
        Attorney General considers appropriate for a period of not more
        than 90 days after the date on which such additional
        information is received; and
          (B) otherwise comply with the provisions of this section with
        respect to such additional preliminary investigation to the
        same extent as any other preliminary investigation under this
        section.

      (d) Contents of Application. - Any application for the
    appointment of an independent counsel under this chapter shall
    contain sufficient information to assist the division of the court
    in selecting an independent counsel and in defining that
    independent counsel's prosecutorial jurisdiction so that the
    independent counsel has adequate authority to fully investigate and
    prosecute the subject matter and all matters related to that
    subject matter.
      (e) Disclosure of Information. - Except as otherwise provided in
    this chapter or as is deemed necessary for law enforcement
    purposes, no officer or employee of the Department of Justice or an
    office of independent counsel may, without leave of the division of
    the court, disclose to any individual outside the Department of
    Justice or such office any notification, application, or any other
    document, materials, or memorandum supplied to the division of the
    court under this chapter. Nothing in this chapter shall be
    construed as authorizing the withholding of information from the
    Congress.
      (f) Limitation on Judicial Review. - The Attorney General's
    determination under this chapter to apply to the division of the
    court for the appointment of an independent counsel shall not be
    reviewable in any court.
      (g) Congressional Request. - 
        (1) By judiciary committee or members thereof. - The Committee
      on the Judiciary of either House of the Congress, or a majority
      of majority party members or a majority of all nonmajority party
      members of either such committee, may request in writing that the
      Attorney General apply for the appointment of an independent
      counsel.
        (2) Report by attorney general pursuant to request. - Not later
      than 30 days after the receipt of a request under paragraph (1),
      the Attorney General shall submit, to the committee making the
      request, or to the committee on which the persons making the
      request serve, a report on whether the Attorney General has begun
      or will begin a preliminary investigation under this chapter of
      the matters with respect to which the request is made, in
      accordance with subsection (a) or (c) of section 591, as the case
      may be. The report shall set forth the reasons for the Attorney
      General's decision regarding such preliminary investigation as it
      relates to each of the matters with respect to which the
      congressional request is made. If there is such a preliminary
      investigation, the report shall include the date on which the
      preliminary investigation began or will begin.
        (3) Submission of information in response to congressional
      request. - At the same time as any notification, application, or
      any other document, material, or memorandum is supplied to the
      division of the court pursuant to this section with respect to a
      preliminary investigation of any matter with respect to which a
      request is made under paragraph (1), such notification,
      application, or other document, material, or memorandum shall be
      supplied to the committee making the request, or to the committee
      on which the persons making the request serve. If no application
      for the appointment of an independent counsel is made to the
      division of the court under this section pursuant to such a
      preliminary investigation, the Attorney General shall submit a
      report to that committee stating the reasons why such application
      was not made, addressing each matter with respect to which the
      congressional request was made.
        (4) Disclosure of information. - Any report, notification,
      application, or other document, material, or memorandum supplied
      to a committee under this subsection shall not be revealed to any
      third party, except that the committee may, either on its own
      initiative or upon the request of the Attorney General, make
      public such portion or portions of such report, notification,
      application, document, material, or memorandum as will not in the
      committee's judgment prejudice the rights of any individual.

-SOURCE-
    (Added Pub. L. 95-521, title VI, Sec. 601(a), Oct. 26, 1978, 92
    Stat. 1868; amended Pub. L. 97-409, Secs. 2(a)(1), 4(b)-(e), Jan.
    3, 1983, 96 Stat. 2039-2041; Pub. L. 100-191, Sec. 2, Dec. 15,
    1987, 101 Stat. 1295; Pub. L. 103-270, Sec. 3(l), June 30, 1994,
    108 Stat. 736.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (e). Pub. L. 103-270 inserted "or as is deemed
    necessary for law enforcement purposes" after "Except as otherwise
    provided in this chapter".
      1987 - Pub. L. 100-191 amended section generally, substituting
    provisions relating to preliminary investigation and application
    for appointment of an independent counsel for provisions relating
    to application for appointment of an independent counsel.
      1983 - Subsec. (a). Pub. L. 97-409, Sec. 4(b), designated
    existing provisions as par. (1), substituted, "Upon receiving
    information that the Attorney General determines is sufficient to
    constitute grounds to investigate that any person covered by the
    Act has engaged in conduct described in subsection (a) or (c) of
    section 591 of this title, the Attorney General" for "The Attorney
    General, upon receiving specific information that any of the
    persons described in section 591(b) of this title has engaged in
    conduct described in section 591(a) of this title,", inserted "In
    determining whether grounds to investigate exist, the Attorney
    General shall consider - (A) the degree of specificity of the
    information received, and (B) the credibility of the source of the
    information.", and added par. (2).
      Subsec. (b)(1). Pub. L. 97-409, Secs. 2(a)(1)(A), 4(c),
    substituted "that there are no reasonable grounds to believe that
    further investigation or prosecution is warranted" for "that the
    matter is so unsubstantiated that no further investigation or
    prosecution is warranted" and substituted "independent counsel" for
    "special prosecutor".
      Subsec. (c)(1). Pub. L. 97-409, Secs. 2(a)(1)(A), 4(d),
    substituted "finds reasonable grounds to believe that further
    investigation or prosecution is warranted" for "finds the matter
    warrants further investigation or prosecution" after "preliminary
    investigation", "that there are no reasonable grounds to believe
    that further investigation or prosecution is warranted" for "that
    the matter is so unsubstantiated as not to warrant further
    investigation or prosecution", and "independent counsel" for
    "special prosecutor", and inserted provision that in determining
    whether reasonable grounds exist to warrant further investigation
    or prosecution, the Attorney General shall comply with written or
    other established policies of the Department of Justice with
    respect to the enforcement of criminal laws.
      Subsec. (c)(2). Pub. L. 97-409, Sec. 2(a)(1)(A), substituted
    "independent counsel" for "special prosecutor" in provisions
    following subpar. (B).
      Subsec. (c)(2)(A). Pub. L. 97-409, Sec. 4(e)(1), substituted
    "information sufficient to constitute grounds to investigate" for
    "specific information" after "receives additional".
      Subsec. (c)(2)(B). Pub. L. 97-409, Sec. 4(e)(2), substituted
    "reasonable grounds exist to warrant" for "such information
    warrants" after "appropriate, that".
      Subsecs. (d)(1), (e), (f). Pub. L. 97-409, Sec. 2(a)(1),
    substituted "independent counsel" for "special prosecutor" and
    "independent counsel's" for "special prosecutor's" wherever
    appearing.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-270 applicable with respect to
    independent counsels appointed before, on, or after June 30, 1994,
    see section 7(a) of Pub. L. 103-270, set out as an Effective Date
    of 1994 Amendment; Transition Provisions note under section 591 of
    this title.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and
    applicable to proceedings initiated and independent counsels
    appointed on and after Dec. 15, 1987, see section 6 of Pub. L. 100-
    191, set out as a note under section 591 of this title.

-End-

-CITE-
    28 USC Sec. 593                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 40 - INDEPENDENT COUNSEL

-HEAD-
    Sec. 593. Duties of the division of the court

-STATUTE-
      (a) Reference to Division of the Court. - The division of the
    court to which this chapter refers is the division established
    under section 49 of this title.
      (b) Appointment and Jurisdiction of Independent Counsel. - 
        (1) Authority. - Upon receipt of an application under section
      592(c), the division of the court shall appoint an appropriate
      independent counsel and shall define that independent counsel's
      prosecutorial jurisdiction.
        (2) Qualifications of independent counsel. - The division of
      the court shall appoint as independent counsel an individual who
      has appropriate experience and who will conduct the investigation
      and any prosecution in a prompt, responsible, and cost-effective
      manner. The division of the court shall seek to appoint as
      independent counsel an individual who will serve to the extent
      necessary to complete the investigation and any prosecution
      without undue delay. The division of the court may not appoint as
      an independent counsel any person who holds any office of profit
      or trust under the United States.
        (3) Scope of prosecutorial jurisdiction. - In defining the
      independent counsel's prosecutorial jurisdiction, the division of
      the court shall assure that the independent counsel has adequate
      authority to fully investigate and prosecute the subject matter
      with respect to which the Attorney General has requested the
      appointment of the independent counsel, and all matters related
      to that subject matter. Such jurisdiction shall also include the
      authority to investigate and prosecute Federal crimes, other than
      those classified as Class B or C misdemeanors or infractions,
      that may arise out of the investigation or prosecution of the
      matter with respect to which the Attorney General's request was
      made, including perjury, obstruction of justice, destruction of
      evidence, and intimidation of witnesses.
        (4) Disclosure of identity and prosecutorial jurisdiction. - An
      independent counsel's identity and prosecutorial jurisdiction
      (including any expansion under subsection (c)) may not be made
      public except upon the request of the Attorney General or upon a
      determination of the division of the court that disclosure of the
      identity and prosecutorial jurisdiction of such independent
      counsel would be in the best interests of justice. In any event,
      the identity and prosecutorial jurisdiction of such independent
      counsel shall be made public when any indictment is returned, or
      any criminal information is filed, pursuant to the independent
      counsel's investigation.

      (c) Expansion of Jurisdiction. - 
        (1) In general. - The division of the court, upon the request
      of the Attorney General, may expand the prosecutorial
      jurisdiction of an independent counsel, and such expansion may be
      in lieu of the appointment of another independent counsel.
        (2) Procedure for request by independent counsel. - (A) If the
      independent counsel discovers or receives information about
      possible violations of criminal law by persons as provided in
      section 591, which are not covered by the prosecutorial
      jurisdiction of the independent counsel, the independent counsel
      may submit such information to the Attorney General. The Attorney
      General shall then conduct a preliminary investigation of the
      information in accordance with the provisions of section 592,
      except that such preliminary investigation shall not exceed 30
      days from the date such information is received. In making the
      determinations required by section 592, the Attorney General
      shall give great weight to any recommendations of the independent
      counsel.
        (B) If the Attorney General determines, after according great
      weight to the recommendations of the independent counsel, that
      there are no reasonable grounds to believe that further
      investigation is warranted, the Attorney General shall promptly
      so notify the division of the court and the division of the court
      shall have no power to expand the jurisdiction of the independent
      counsel or to appoint another independent counsel with respect to
      the matters involved.
        (C) If - 
          (i) the Attorney General determines that there are reasonable
        grounds to believe that further investigation is warranted; or
          (ii) the 30-day period referred to in subparagraph (A)
        elapses without a notification to the division of the court
        that no further investigation is warranted,

      the division of the court shall expand the jurisdiction of the
      appropriate independent counsel to include the matters involved
      or shall appoint another independent counsel to investigate such
      matters.

      (d) Return for Further Explanation. - Upon receipt of a
    notification under section 592 or subsection (c)(2)(B) of this
    section from the Attorney General that there are no reasonable
    grounds to believe that further investigation is warranted with
    respect to information received under this chapter, the division of
    the court shall have no authority to overrule this determination
    but may return the matter to the Attorney General for further
    explanation of the reasons for such determination.
      (e) Vacancies. - If a vacancy in office arises by reason of the
    resignation, death, or removal of an independent counsel, the
    division of the court shall appoint an independent counsel to
    complete the work of the independent counsel whose resignation,
    death, or removal caused the vacancy, except that in the case of a
    vacancy arising by reason of the removal of an independent counsel,
    the division of the court may appoint an acting independent counsel
    to serve until any judicial review of such removal is completed.
      (f) Attorneys' Fees. - 
        (1) Award of fees. - Upon the request of an individual who is
      the subject of an investigation conducted by an independent
      counsel pursuant to this chapter, the division of the court may,
      if no indictment is brought against such individual pursuant to
      that investigation, award reimbursement for those reasonable
      attorneys' fees incurred by that individual during that
      investigation which would not have been incurred but for the
      requirements of this chapter. The division of the court shall
      notify the the (!1) independent counsel who conducted the
      investigation and Attorney (!2) General of any request for
      attorneys' fees under this subsection.

        (2) Evaluation of fees. - The division of the court shall
      direct such independent counsel and the Attorney General to file
      a written evaluation of any request for attorneys' fees under
      this subsection, 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 requested.

      (g) Disclosure of Information. - The division of the court may,
    subject to section 594(h)(2), allow the disclosure of any
    notification, application, or any other document, material, or
    memorandum supplied to the division of the court under this
    chapter.
      (h) Amicus Curiae Briefs. - When presented with significant legal
    issues, the division of the court may disclose sufficient
    information about the issues to permit the filing of timely amicus
    curiae briefs.

-SOURCE-
    (Added Pub. L. 95-521, title VI, Sec. 601(a), Oct. 26, 1978, 92
    Stat. 1869; amended Pub. L. 97-409, Secs. 2(a)(1), 5, Jan. 3, 1983,
    96 Stat. 2039, 2041; Pub. L. 100-191, Sec. 2, Dec. 15, 1987, 101
    Stat. 1297; Pub. L. 103-270, Sec. 3(n), June 30, 1994, 108 Stat.
    736.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (f)(1). Pub. L. 103-270, Sec. 3(n)(1), inserted
    "the independent counsel who conducted the investigation and"
    before "Attorney General" in last sentence.
      Subsec. (f)(2). Pub. L. 103-270, Sec. 3(n)(2), in introductory
    provisions substituted "shall direct such independent counsel and"
    for "may direct" and "subsection, addressing - " for "subsection,
    analyzing for each expense - ", added subpars. (A) to (D) and
    struck out former subpars. (A) to (C) which read as follows:
        "(A) the sufficiency of the documentation;
        "(B) the need or justification for the underlying item; and
        "(C) the reasonableness of the amount of money requested."
      1987 - Pub. L. 100-191 amended section generally, substituting
    subsecs. (a) to (h) for former subsecs. (a) to (g) which related to
    similar subject matter.
      1983 - Subsec. (b). Pub. L. 97-409, Sec. 2(a)(1), substituted
    "independent counsel" for "special prosecutor" and "independent
    counsel's" for "special prosecutor's" wherever appearing.
      Subsecs. (c) to (e). Pub. L. 97-409, Sec. 2(a)(1)(A), substituted
    "independent counsel" for "special prosecutor" wherever appearing.
      Subsecs. (f), (g). Pub. L. 97-409, Sec. 5, added subsecs. (f) and
    (g).

          EFFECTIVE DATE OF 1994 AMENDMENT; TRANSITION PROVISIONS      
      Amendment by Pub. L. 103-270 applicable with respect to
    independent counsels appointed before, on, or after June 30, 1994,
    and, notwithstanding restriction in subsec. (b)(2) of this section,
    the division of the court described in section 49 of this title is
    authorized to appoint as an independent counsel any individual who,
    on June 30, 1994, is serving as a regulatory independent counsel
    under parts 600 and 603 of title 28, Code of Federal Regulations,
    see section 7(a), (h) of Pub. L. 103-270, set out as a note under
    section 591 of this title.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and
    applicable to proceedings initiated and independent counsels
    appointed on and after Dec. 15, 1987, but with subsec. (f)
    applicable to previously initiated proceedings pending on Dec. 15,
    1987, see section 6 of Pub. L. 100-191, set out as a note under
    section 591 of this title.

-FOOTNOTE-
    (!1) So in original.

    (!2) So in original. Probably should be preceded by "the".

-End-

-CITE-
    28 USC Sec. 594                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 40 - INDEPENDENT COUNSEL

-HEAD-
    Sec. 594. Authority and duties of an independent counsel

-STATUTE-
      (a) Authorities. - Notwithstanding any other provision of law, an
    independent counsel appointed under this chapter shall have, with
    respect to all matters in such independent counsel's prosecutorial
    jurisdiction established under this chapter, full power and
    independent authority to exercise all investigative and
    prosecutorial functions and powers of the Department of Justice,
    the Attorney General, and any other officer or employee of the
    Department of Justice, except that the Attorney General shall
    exercise direction or control as to those matters that specifically
    require the Attorney General's personal action under section 2516
    of title 18. Such investigative and prosecutorial functions and
    powers shall include - 
        (1) conducting proceedings before grand juries and other
      investigations;
        (2) participating in court proceedings and engaging in any
      litigation, including civil and criminal matters, that such
      independent counsel considers necessary;
        (3) appealing any decision of a court in any case or proceeding
      in which such independent counsel participates in an official
      capacity;
        (4) reviewing all documentary evidence available from any
      source;
        (5) determining whether to contest the assertion of any
      testimonial privilege;
        (6) receiving appropriate national security clearances and, if
      necessary, contesting in court (including, where appropriate,
      participating in in camera proceedings) any claim of privilege or
      attempt to withhold evidence on grounds of national security;
        (7) making applications to any Federal court for a grant of
      immunity to any witness, consistent with applicable statutory
      requirements, or for warrants, subpoenas, or other court orders,
      and, for purposes of sections 6003, 6004, and 6005 of title 18,
      exercising the authority vested in a United States attorney or
      the Attorney General;
        (8) inspecting, obtaining, or using the original or a copy of
      any tax return, in accordance with the applicable statutes and
      regulations, and, for purposes of section 6103 of the Internal
      Revenue Code of 1986 and the regulations issued thereunder,
      exercising the powers vested in a United States attorney or the
      Attorney General;
        (9) initiating and conducting prosecutions in any court of
      competent jurisdiction, framing and signing indictments, filing
      informations, and handling all aspects of any case, in the name
      of the United States; and
        (10) consulting with the United States attorney for the
      district in which any violation of law with respect to which the
      independent counsel is appointed was alleged to have occurred.

      (b) Compensation. - 
        (1) In general. - An independent counsel appointed under this
      chapter shall receive compensation at the per diem rate equal to
      the annual rate of basic pay payable for level IV of the
      Executive Schedule under section 5315 of title 5.
        (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
        for successive 6-month periods if the independent counsel and
        the division of the court certify 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), the independent counsel and the division of the court
        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;
            (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) Additional Personnel. - For the purposes of carrying out the
    duties of an office of independent counsel, such independent
    counsel may appoint, fix the compensation, and assign the duties of
    such employees as such independent counsel considers necessary
    (including investigators, attorneys, and part-time consultants).
    The positions of all such employees are exempted from the
    competitive service. 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 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) Assistance of Department of Justice. - 
        (1) In carrying out functions. - An independent counsel may
      request assistance from the Department of Justice in carrying out
      the functions of the independent counsel, and the Department of
      Justice shall provide that assistance, which may include access
      to any records, files, or other materials relevant to matters
      within such independent counsel's prosecutorial jurisdiction, and
      the use of the resources and personnel necessary to perform such
      independent counsel's duties. 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.
        (2) Payment of and reports on expenditures of independent
      counsel. - The Department of Justice shall pay all costs relating
      to the establishment and operation of any office of independent
      counsel. The Attorney General shall submit to the Congress, not
      later than 30 days after the end of each fiscal year, a report on
      amounts paid during that fiscal year for expenses of
      investigations and prosecutions by independent counsel. Each such
      report shall include a statement of all payments made for
      activities of independent counsel but may not reveal the identity
      or prosecutorial jurisdiction of any independent counsel which
      has not been disclosed under section 593(b)(4).

      (e) Referral of Other Matters to an Independent Counsel. - An
    independent counsel may ask the Attorney General or the division of
    the court to refer to the independent counsel matters related to
    the independent counsel's prosecutorial jurisdiction, and the
    Attorney General or the division of the court, as the case may be,
    may refer such matters. If the Attorney General refers a matter to
    an independent counsel on the Attorney General's own initiative,
    the independent counsel may accept such referral if the matter
    relates to the independent counsel's prosecutorial jurisdiction. If
    the Attorney General refers any matter to the independent counsel
    pursuant to the independent counsel's request, or if the
    independent counsel accepts a referral made by the Attorney General
    on the Attorney General's own initiative, the independent counsel
    shall so notify the division of the court.
      (f) Compliance With Policies of the Department of Justice. - 
        (1) In general. - An independent counsel shall, except to the
      extent that to do so would be inconsistent with the purposes of
      this chapter, comply with the written or other established
      policies of the Department of Justice respecting enforcement of
      the criminal laws. To determine these policies and policies under
      subsection (l)(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.
        (2) National security. - An independent counsel shall comply
      with guidelines and procedures used by the Department in the
      handling and use of classified material.

      (g) Dismissal of Matters. - The independent counsel shall have
    full authority to dismiss matters within the independent counsel's
    prosecutorial jurisdiction without conducting an investigation or
    at any subsequent time before prosecution, if to do so would be
    consistent with the written or other established policies of the
    Department of Justice with respect to the enforcement of criminal
    laws.
      (h) Reports by Independent Counsel. - 
        (1) Required reports. - An independent counsel shall - 
          (A) file with the division of the court, with respect to the
        6-month period beginning on the date of his or her appointment,
        and with respect to each 6-month period thereafter until the
        office of that independent counsel terminates, a report which
        identifies and explains major expenses, and summarizes all
        other expenses, incurred by that office during the 6-month
        period with respect to which the report is filed, and estimates
        future expenses of that office; and
          (B) before the termination of the independent counsel's
        office under section 596(b), file a final report with the
        division of the court, setting forth fully and completely a
        description of the work of the independent counsel, including
        the disposition of all cases brought.

        (2) Disclosure of information in reports. - The division of the
      court may release to the Congress, the public, or any appropriate
      person, such portions of a report made under this subsection as
      the division of the court considers appropriate. The division of
      the court shall make such orders as are appropriate to protect
      the rights of any individual named in such report and to prevent
      undue interference with any pending prosecution. The division of
      the court may make any portion of a final report filed under
      paragraph (1)(B) available to any individual named in such report
      for the purposes of receiving within a time limit set by the
      division of the court any comments or factual information that
      such individual may submit. Such comments and factual
      information, in whole or in part, may, in the discretion of the
      division of the court, be included as an appendix to such final
      report.
        (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.

      (i) Independence From Department of Justice. - Each independent
    counsel appointed under this chapter, and the persons appointed by
    that independent counsel under subsection (c), are separate from
    and independent of the Department of Justice for purposes of
    sections 202 through 209 of title 18.
      (j) Standards of Conduct Applicable to Independent Counsel,
    Persons Serving in the Office of an Independent Counsel, and Their
    Law Firms. - 
        (1) Restrictions on employment while independent counsel and
      appointees are serving. - (A) During the period in which an
      independent counsel is serving under this chapter - 
          (i) such independent counsel, and
          (ii) any person associated with a firm with which such
        independent counsel is associated,

      may not represent in any matter any person involved in any
      investigation or prosecution under this chapter.
        (B) During the period in which any person appointed by an
      independent counsel under subsection (c) is serving in the office
      of independent counsel, such person may not represent in any
      matter any person involved in any investigation or prosecution
      under this chapter.
        (2) Post employment restrictions on independent counsel and
      appointees. - (A) Each independent counsel and each person
      appointed by that independent counsel under subsection (c) may
      not, for 3 years following the termination of the service under
      this chapter of that independent counsel or appointed person, as
      the case may be, represent any person in any matter if that
      individual was the subject of an investigation or prosecution
      under this chapter that was conducted by that independent
      counsel.
        (B) Each independent counsel and each person appointed by that
      independent counsel under subsection (c) may not, for 1 year
      following the termination of the service under this chapter of
      that independent counsel or appointed person, as the case may be,
      represent any person in any matter involving any investigation or
      prosecution under this chapter.
        (3) One-year ban on representation by members of firms of
      independent counsel. - Any person who is associated with a firm
      with which an independent counsel is associated or becomes
      associated after termination of the service of that independent
      counsel under this chapter may not, for 1 year following such
      termination, represent any person in any matter involving any
      investigation or prosecution under this chapter.
        (4) Definitions. - For purposes of this subsection - 
          (A) the term "firm" means a law firm whether organized as a
        partnership or corporation; and
          (B) a person is "associated" with a firm if that person is an
        officer, director, partner, or other member or employee of that
        firm.

        (5) Enforcement. - The Attorney General and the Director of the
      Office of Government Ethics have authority to enforce compliance
      with this subsection.

      (k) Custody of Records of an Independent Counsel. - 
        (1) Transfer of records. - Upon termination of the office of an
      independent counsel, that independent counsel shall transfer to
      the Archivist of the United States all records which have been
      created or received by that office. Before this transfer, the
      independent counsel shall clearly identify which of these records
      are subject to rule 6(e) of the Federal Rules of Criminal
      Procedure as grand jury materials and which of these records have
      been classified as national security information. Any records
      which were compiled by an independent counsel and, upon
      termination of the independent counsel's office, were stored with
      the division of the court or elsewhere before the enactment of
      the Independent Counsel Reauthorization Act of 1987, shall also
      be transferred to the Archivist of the United States by the
      division of the court or the person in possession of such
      records.
        (2) Maintenance, use, and disposal of records. - Records
      transferred to the Archivist under this chapter shall be
      maintained, used, and disposed of in accordance with chapters 21,
      29, and 33 of title 44.
        (3) Access to records. - 
          (A) In general. - Subject to paragraph (4), access to the
        records transferred to the Archivist under this chapter shall
        be governed by section 552 of title 5.
          (B) Access by department of justice. - The Archivist shall,
        upon written application by the Attorney General, disclose any
        such records to the Department of Justice for purposes of an
        ongoing law enforcement investigation or court proceeding,
        except that, in the case of grand jury materials, such records
        shall be so disclosed only by order of the court of
        jurisdiction under rule 6(e) of the Federal Rules of Criminal
        Procedure.
          (C) Exception. - Notwithstanding any restriction on access
        imposed by law, the Archivist and persons employed by the
        National Archives and Records Administration who are engaged in
        the performance of normal archival work shall be permitted
        access to the records transferred to the Archivist under this
        chapter.

        (4) Records provided by congress. - Records of an investigation
      conducted by a committee of the House of Representatives or the
      Senate which are provided to an independent counsel to assist in
      an investigation or prosecution conducted by that independent
      counsel - 
          (A) shall be maintained as a separate body of records within
        the records of the independent counsel; and
          (B) shall, after the records have been transferred to the
        Archivist under this chapter, be made available, except as
        provided in paragraph (3)(B) and (C), in accordance with the
        rules governing release of the records of the House of Congress
        that provided the records to the independent counsel.

      Subparagraph (B) shall not apply to those records which have been
      surrendered pursuant to grand jury or court proceedings.

      (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) 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. 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.

-SOURCE-
    (Added Pub. L. 95-521, title VI, Sec. 601(a), Oct. 26, 1978, 92
    Stat. 1869; amended Pub. L. 97-409, Secs. 2(a)(1), 6(a)-(c), Jan.
    3, 1983, 96 Stat. 2039, 2041; Pub. L. 99-514, Sec. 2, Oct. 22,
    1986, 100 Stat. 2095; Pub. L. 100-191, Sec. 2, Dec. 15, 1987, 101
    Stat. 1300; Pub. L. 103-270, Sec. 3(a)-(f), (m), (o), June 30,
    1994, 108 Stat. 732-734, 736; Pub. L. 104-208, div. A, title I,
    Sec. 101(a) [title I, Sec. 118], Sept. 30, 1996, 110 Stat. 3009,
    3009-23.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 6103 of the Internal Revenue Code of 1986, referred to in
    subsec. (a)(8), is classified to section 6103 of Title 26, Internal
    Revenue Code.
      The Federal Rules of Criminal Procedure, referred to in subsec.
    (k)(1), (3)(B), are set out in the Appendix to Title 18, Crimes and
    Criminal Procedure.
      The enactment of the Independent Counsel Reauthorization Act of
    1987, referred to in subsec. (k)(1), is the enactment of Pub. L.
    100-191, which was approved Dec. 15, 1987.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(3)(A). Pub. L. 104-208, Sec. 101(a) [title I,
    Sec. 118(a), (b)], in second sentence substituted "for successive 6-
    month periods" for "by 6-months" and "independent counsel and the
    division of the court certify" for "employee assigned duties under
    subsection (l)(1)(A)(iii) certifies".
      Subsec. (b)(3)(B). Pub. L. 104-208, Sec. 101(a) [title I, Sec.
    118(c)], which directed the amendment of second sentence of subsec.
    (b)(3)(A) by striking "such employee" and inserting "the
    independent counsel" and "the division of the court", was executed
    to introductory provisions of subsec. (b)(3)(B) by substituting
    "the independent counsel and the division of the court" for "such
    employee" to reflect the probable intent of Congress.
      1994 - Subsec. (b). Pub. L. 103-270, Sec. 3(b), designated
    existing text as par. (1) and inserted heading, and added pars. (2)
    and (3).
      Subsec. (c). Pub. L. 103-270, Sec. 3(c), substituted last
    sentence for former last sentence which read as follows: "No such
    employee may be compensated at a rate exceeding the maximum rate of
    pay payable for GS-18 of the General Schedule under section 5332 of
    title 5."
      Subsec. (d)(1). Pub. L. 103-270, Sec. 3(m), inserted at end "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."
      Subsec. (f). Pub. L. 103-270, Sec. 3(e), designated existing
    provisions as par. (1) and inserted heading, substituted "shall,
    except to the extent that to do so would be inconsistent with the
    purposes of this chapter, comply" for "shall, except where not
    possible, comply", inserted at end "To determine these policies and
    policies under subsection (l)(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.",
    and added par. (2).
      Subsec. (h)(1)(B). Pub. L. 103-270, Sec. 3(o), struck out before
    period at end ", and the reasons for not prosecuting any matter
    within the prosecutorial jurisdiction of such independent counsel".
      Subsec. (h)(3). Pub. L. 103-270, Sec. 3(f), added par. (3).
      Subsec. (j)(5). Pub. L. 103-270, Sec. 3(d), added par. (5).
      Subsec. (l). Pub. L. 103-270, Sec. 3(a), added subsec. (l).
      1987 - Pub. L. 100-191 amended section generally, substituting
    subsecs. (a) to (k) for former subsecs. (a) to (g) which related to
    similar subject matter.
      1986 - Subsec. (a)(8). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954".
      1983 - Pub. L. 97-409, Sec. 2(a)(1)(A), substituted "independent
    counsel" for "special prosecutor" in section catchline.
      Subsec. (a). Pub. L. 97-409, Sec. 2(a)(1), substituted
    "independent counsel" for "special prosecutor" wherever appearing
    and "independent counsel's" for "special prosecutor's".
      Subsec. (a)(10). Pub. L. 97-409, Sec. 6(a), added par. (10).
      Subsecs. (b), (c). Pub. L. 97-409, Sec. 2(a)(1)(A), substituted
    "independent counsel" for "special prosecutor" wherever appearing.
      Subsecs. (d), (e). Pub. L. 97-409, Sec. 2(a)(1), substituted
    "independent counsel" for "special prosecutor" and "independent
    counsel's" for "special prosecutor's" wherever appearing.
      Subsec. (f). Pub. L. 97-409, Secs. 2(a)(1)(A), 6(b), substituted
    "independent counsel" for "special prosecutor", "except where not
    possible" for "to the extent that such special prosecutor deems
    appropriate", and "written or other established policies" for
    "written policies".
      Subsec. (g). Pub. L. 97-409, Sec. 6(c), added subsec. (g).

          EFFECTIVE DATE OF 1994 AMENDMENT; TRANSITION PROVISIONS      
      Amendment by Pub. L. 103-270 applicable with respect to
    independent counsels appointed before, on, or after June 30, 1994,
    with transition provisions relating to assignment of employee to
    certify expenditures and relating to office space, travel and
    subsistence expenses, rates of compensation, and reporting
    requirements established or modified by Pub. L. 103-270, see
    section 7(a)-(e), (g) of Pub. L. 103-270, set out as a note under
    section 591 of this title.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and
    applicable to proceedings initiated and independent counsels
    appointed on and after Dec. 15, 1987, but with the following
    provisions applicable to previously initiated proceedings pending
    on Dec. 15, 1987: subsec. (d)(2) (relating to reports by Attorney
    General on expenditures by independent counsel, except that the
    first such report shall be made only with respect to expenditures
    on or after Dec. 15, 1987), subsec. (h)(1)(A) except that the 6-
    month periods described in subsec. (h)(1)(A) of this section shall
    be calculated from Dec. 15, 1987, subsec. (i), subsec. (k) of this
    section, and 90 days after Dec. 15, 1987, subsec. (j), see section
    6 of Pub. L. 100-191, set out as a note under section 591 of this
    title.

-End-

-CITE-
    28 USC Sec. 595                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 40 - INDEPENDENT COUNSEL

-HEAD-
    Sec. 595. Congressional oversight

-STATUTE-
      (a) Oversight of Conduct of Independent Counsel. - 
        (1) Congressional oversight. - The appropriate committees of
      the Congress shall have oversight jurisdiction with respect to
      the official conduct of any independent counsel appointed under
      this chapter, and such independent counsel shall have the duty to
      cooperate with the exercise of such oversight jurisdiction.
        (2) Reports to congress. - An independent counsel appointed
      under this chapter shall submit to the Congress 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.

      (b) Oversight of Conduct of Attorney General. - Within 15 days
    after receiving an inquiry about a particular case under this
    chapter, which is a matter of public knowledge, from a committee of
    the Congress with jurisdiction over this chapter, the Attorney
    General shall provide the following information to that committee
    with respect to that case:
        (1) When the information about the case was received.
        (2) Whether a preliminary investigation is being conducted, and
      if so, the date it began.
        (3) Whether an application for the appointment of an
      independent counsel or a notification that further investigation
      is not warranted has been filed with the division of the court,
      and if so, the date of such filing.

      (c) Information Relating to Impeachment. - An independent counsel
    shall advise the House of Representatives of any substantial and
    credible information which such independent counsel receives, in
    carrying out the independent counsel's responsibilities under this
    chapter, that may constitute grounds for an impeachment. Nothing in
    this chapter or section 49 of this title shall prevent the Congress
    or either House thereof from obtaining information in the course of
    an impeachment proceeding.

-SOURCE-
    (Added Pub. L. 95-521, title VI, Sec. 601(a), Oct. 26, 1978, 92
    Stat. 1871; amended Pub. L. 97-409, Sec. 2(a)(1), Jan. 3, 1983, 96
    Stat. 2139; Pub. L. 100-191, Sec. 2, Dec. 15, 1987, 101 Stat. 1304;
    Pub. L. 103-270, Sec. 3(g), June 30, 1994, 108 Stat. 734.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a)(2). Pub. L. 103-270 substituted "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" for "such statements or reports on the activities of such
    independent counsel as the independent counsel considers
    appropriate".
      1987 - Pub. L. 100-191 amended section generally, substituting
    subsecs. (a) to (c) relating to congressional oversight for former
    subsecs. (a) to (e) relating to reporting and congressional
    oversight.
      1983 - Pub. L. 97-409, Sec. 2(a)(1), substituted "independent
    counsel" for "special prosecutor" and "independent counsel's" for
    "special prosecutor's" wherever appearing.

          EFFECTIVE DATE OF 1994 AMENDMENT; TRANSITION PROVISIONS      
      Amendment by Pub. L. 103-270 applicable with respect to
    independent counsels appointed before, on, or after June 30, 1994,
    with transition provision relating to reporting requirements
    established or modified by Pub. L. 103-270, see section 7(a), (g)
    of Pub. L. 103-270, set out as a note under section 591 of this
    title.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and
    applicable to proceedings initiated and independent counsels
    appointed on and after Dec. 15, 1987, see section 6 of Pub. L. 100-
    191, set out as a note under section 591 of this title.

-End-

-CITE-
    28 USC Sec. 596                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 40 - INDEPENDENT COUNSEL

-HEAD-
    Sec. 596. Removal of an independent counsel; termination of office

-STATUTE-
      (a) Removal; Report on Removal. - 
        (1) Grounds for removal. - An independent counsel appointed
      under this chapter may be removed from office, other than by
      impeachment and conviction, only by the personal action of the
      Attorney General and only for good cause, physical or mental
      disability (if not prohibited by law protecting persons from
      discrimination on the basis of such a disability),,(!1) or any
      other condition that substantially impairs the performance of
      such independent counsel's duties.

        (2) Report to division of the court and congress. - If an
      independent counsel is removed from office, the Attorney General
      shall promptly submit to the division of the court and the
      Committees on the Judiciary of the Senate and the House of
      Representatives a report specifying the facts found and the
      ultimate grounds for such removal. The committees shall make
      available to the public such report, except that each committee
      may, if necessary to protect the rights of any individual named
      in the report or to prevent undue interference with any pending
      prosecution, postpone or refrain from publishing any or all of
      the report. The division of the court may release any or all of
      such report in accordance with section 594(h)(2).
        (3) Judicial review of removal. - An independent counsel
      removed from office may obtain judicial review of the removal in
      a civil action commenced in the United States District Court for
      the District of Columbia. A member of the division of the court
      may not hear or determine any such civil action or any appeal of
      a decision in any such civil action. The independent counsel may
      be reinstated or granted other appropriate relief by order of the
      court.

      (b) Termination of Office. - 
        (1) Termination by action of independent counsel. - An office
      of independent counsel shall terminate when - 
          (A) the independent counsel notifies the Attorney General
        that the investigation of all matters within the prosecutorial
        jurisdiction of such independent counsel or accepted by such
        independent counsel under section 594(e), and any resulting
        prosecutions, have been completed or so substantially completed
        that it would be appropriate for the Department of Justice to
        complete such investigations and prosecutions; and
          (B) the independent counsel files a final report in
        compliance with section 594(h)(1)(B).

        (2) Termination by division of the court. - The division of the
      court, either on its own motion or upon the request of the
      Attorney General, may terminate an office of independent counsel
      at any time, on the ground that the investigation of all matters
      within the prosecutorial jurisdiction of such independent counsel
      or accepted by such independent counsel under section 594(e), and
      any resulting prosecutions, have been completed or so
      substantially completed that it would be appropriate for the
      Department of Justice to complete such investigations and
      prosecutions. At the time of such termination, the independent
      counsel shall file the final report required by section
      594(h)(1)(B). 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 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 succeeding 1-year period.

      (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 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 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 Governmental Affairs, and Committee on
      Appropriations 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.

-SOURCE-
    (Added Pub. L. 95-521, title VI, Sec. 601(a), Oct. 26, 1978, 92
    Stat. 1872; amended Pub. L. 97-409, Secs. 2(a)(1), 6(d), Jan. 3,
    1983, 96 Stat. 2039, 2042; Pub. L. 98-620, title IV, Sec.
    402(29)(A), Nov. 8, 1984, 98 Stat. 3359; Pub. L. 100-191, Sec. 2,
    Dec. 15, 1987, 101 Stat. 1304; Pub. L. 103-270, Secs. 3(h), (i), 5,
    June 30, 1994, 108 Stat. 735, 737.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a)(1). Pub. L. 103-270, Sec. 5, substituted
    "physical or mental disability (if not prohibited by law protecting
    persons from discrimination on the basis of such a disability),"
    for "physical disability, mental incapacity".
      Subsec. (b)(2). Pub. L. 103-270, Sec. 3(h), inserted at end "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 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
    succeeding 1-year period."
      Subsec. (c). Pub. L. 103-270, Sec. 3(i), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows:
    "Audits. - After the termination of the office of an independent
    counsel, the Comptroller General shall conduct an audit of the
    expenditures of that office, and shall submit to the appropriate
    committees of the Congress a report on the audit."
      1987 - Pub. L. 100-191 amended section generally, substituting
    subsecs. (a) to (c) for former subsecs. (a) and (b) which related
    to similar subject matter.
      1984 - Subsec. (a)(3). Pub. L. 98-620 struck out provision
    requiring the division of the court to cause such an action to be
    in every way expedited.
      1983 - Pub. L. 97-409, Sec. 2(a)(1)(A), substituted "independent
    counsel" for "special prosecutor" in section catchline.
      Subsec. (a)(1). Pub. L. 97-409, Secs. 2(a)(1), 6(d), substituted
    "independent counsel" for "special prosecutor", "good cause" for
    "extraordinary impropriety", and "independent counsel's" for
    "special prosecutor's".
      Subsecs. (a)(2), (3), (b). Pub. L. 97-409, Sec. 2(a)(1)(A),
    substituted "independent counsel" for "special prosecutor" wherever
    appearing.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.
      Committee on Government Operations of House of Representatives
    treated as referring to Committee on Government Reform and
    Oversight of House of Representatives by section 1(a) of Pub. L.
    104-14, set out as a note preceding section 21 of Title 2, The
    Congress. Committee on Government Reform and Oversight of House of
    Representatives changed to Committee on Government Reform of House
    of Representatives by House Resolution No. 5, One Hundred Sixth
    Congress, Jan. 6, 1999.

-MISC2-
          EFFECTIVE DATE OF 1994 AMENDMENT; TRANSITION PROVISIONS      
      Amendment by Pub. L. 103-270 applicable with respect to
    independent counsels appointed before, on, or after June 30, 1994,
    with transition provisions directing that determinations by the
    division of the court contained in last sentence of subsec. (b)(2)
    of this section shall, for the office of an independent counsel
    appointed before June 30, 1994, be required no later than 1 year
    after June 30, 1994, and at end of each succeeding 1-year period,
    and transition provisions relating to reporting requirements
    established or modified by Pub. L. 103-270, see section 7(a), (f),
    (g) of Pub. L. 103-270, set out as a note under section 591 of this
    title.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and
    applicable to proceedings initiated and independent counsels
    appointed on and after Dec. 15, 1987, but with subsecs. (a)(3) and
    (c) applicable to previously initiated proceedings pending on Dec.
    15, 1987, see section 6 of Pub. L. 100-191, set out as a note under
    section 591 of this title.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an
    Effective Date note under section 1657 of this title.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    28 USC Sec. 597                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 40 - INDEPENDENT COUNSEL

-HEAD-
    Sec. 597. Relationship with Department of Justice

-STATUTE-
      (a) Suspension of Other Investigations and Proceedings. -
    Whenever a matter is in the prosecutorial jurisdiction of an
    independent counsel or has been accepted by an independent counsel
    under section 594(e), the Department of Justice, the Attorney
    General, and all other officers and employees of the Department of
    Justice shall suspend all investigations and proceedings regarding
    such matter, except to the extent required by section 594(d)(1),
    and except insofar as such independent counsel agrees in writing
    that such investigation or proceedings may be continued by the
    Department of Justice.
      (b) Presentation as Amicus Curiae Permitted. - Nothing in this
    chapter shall prevent the Attorney General or the Solicitor General
    from making a presentation as amicus curiae to any court as to
    issues of law raised by any case or proceeding in which an
    independent counsel participates in an official capacity or any
    appeal of such a case or proceeding.

-SOURCE-
    (Added Pub. L. 95-521, title VI, Sec. 601(a), Oct. 26, 1978, 92
    Stat. 1872; amended Pub. L. 97-409, Sec. 2(a)(1)(A), Jan. 3, 1983,
    96 Stat. 2039; Pub. L. 100-191, Sec. 2, Dec. 15, 1987, 101 Stat.
    1306.)

-MISC1-
                                AMENDMENTS                            
      1987 - Pub. L. 100-191 amended section generally, substituting
    provisions relating to relationship with Department of Justice for
    substantially similar provisions.
      1983 - Pub. L. 97-409, Sec. 2(a)(1)(A), substituted "independent
    counsel" for "special prosecutor" wherever appearing.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and
    applicable to proceedings initiated and independent counsels
    appointed on and after Dec. 15, 1987, see section 6 of Pub. L. 100-
    191, set out as a note under section 591 of this title.

-End-

-CITE-
    28 USC Sec. 598                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 40 - INDEPENDENT COUNSEL

-HEAD-
    Sec. 598. Severability

-STATUTE-
      If any provision of this chapter or the application thereof to
    any person or circumstance is held invalid, the remainder of this
    chapter and the application of such provision to other persons not
    similarly situated or to other circumstances shall not be affected
    by such invalidation.

-SOURCE-
    (Added Pub. L. 95-521, title VI, Sec. 601(a), Oct. 26, 1978, 92
    Stat. 1873; amended Pub. L. 97-409, Secs. 2(a)(1)(A), 7, Jan. 3,
    1983, 96 Stat. 2039, 2042; Pub. L. 100-191, Sec. 2, Dec. 15, 1987,
    101 Stat. 1306.)

-MISC1-
                                AMENDMENTS                            
      1987 - Pub. L. 100-191 amended section generally, substituting
    provisions relating to severability for provisions relating to
    termination of chapter. See section 599 of this title.
      1983 - Pub. L. 97-409, Secs. 2(a)(1)(A), 7, substituted reference
    to the date of enactment of the Ethics in Government Act Amendments
    of 1982 for reference to the date of enactment of this chapter and
    substituted "independent counsel" for "special prosecutor" wherever
    appearing.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and
    applicable to proceedings initiated and independent counsels
    appointed on and after Dec. 15, 1987, see section 6 of Pub. L. 100-
    191, set out as a note under section 591 of this title.

-End-

-CITE-
    28 USC Sec. 599                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 40 - INDEPENDENT COUNSEL

-HEAD-
    Sec. 599. Termination of effect of chapter

-STATUTE-
      This chapter shall cease to be effective five years after the
    date of the enactment of the Independent Counsel Reauthorization
    Act of 1994, except that this chapter shall continue in effect with
    respect to then pending matters before an independent counsel that
    in the judgment of such counsel require such continuation until
    that independent counsel determines such matters have been
    completed.

-SOURCE-
    (Added Pub. L. 100-191, Sec. 2, Dec. 15, 1987, 101 Stat. 1306;
    amended Pub. L. 103-270, Sec. 2, June 30, 1994, 108 Stat. 732.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of the Independent Counsel
    Reauthorization Act of 1994, referred to in text, is the date of
    enactment of Pub. L. 103-270, which was approved June 30, 1994.

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-270 substituted "1994" for "1987".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-270 applicable with respect to
    independent counsels appointed before, on, or after June 30, 1994,
    see section 7(a) of Pub. L. 103-270, set out as an Effective Date
    of 1994 Amendment; Transition Provisions note under section 591 of
    this title.

                              EFFECTIVE DATE                          
      Section effective Dec. 15, 1987, see section 6 of Pub. L. 100-
    191, set out as a note under section 591 of this title.

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