II 

108TH CONGRESS 

1ST SESSION S. 1712

To re-establish and reform the independent counsel statute. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 3, 2003

Mr. LIEBERMAN (for himself and Mr. LEVIN) introduced the following bill; 

which was read twice and referred to the Committee on Governmental Affairs 

A BILL

To re-establish and reform the independent counsel statute.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Independent Counsel 

5 Reform Act of 2003’’. 

6 SEC. 2. INDEPENDENT COUNSEL STATUTE. 

7 Chapter 40 of title 28, United States Code, is amend8 ed to read as follows:

9 ‘‘CHAPTER 40—INDEPENDENT COUNSEL

‘‘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. 
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‘‘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.

1 ‘‘§ 591. Applicability of provisions of this chapter 

2 ‘‘(a) PRELIMINARY INVESTIGATION WITH RESPECT

3 TO CERTAIN COVERED PERSONS.—The Attorney General 

4 shall conduct a preliminary investigation in accordance 

5 with section 592 whenever the Attorney General receives 

6 information sufficient to constitute grounds to investigate 

7 whether any person described in subsection (b) may have 

8 violated any Federal criminal law other than a violation 

9 classified as a Class B or C misdemeanor or an infraction. 

10 ‘‘(b) PERSONS TO WHOM SUBSECTION (a) AP11 PLIES.—The persons referred to in subsection (a) are—

12 ‘‘(1) the President and Vice President; 

13 ‘‘(2) any individual serving in a position listed 

14 in section 5312 of title 5; and 

15 ‘‘(3) the Chief of Staff to the President. 

16 ‘‘(c) PRELIMINARY INVESTIGATION WITH RESPECT

17 TO OTHER PERSONS.—When the Attorney General deter18 mines that an investigation or prosecution of a person by 

19 the Department of Justice may result in a personal, finan20 cial, or political conflict of interest, the Attorney General 

21 may conduct a preliminary investigation of such person 

22 in accordance with section 592 if the Attorney General 
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1 receives information sufficient to constitute grounds to in2 vestigate whether that person may have violated Federal 

3 criminal law other than a violation classified as a Class 

4 B or C misdemeanor or an infraction. 

5 ‘‘(d) EXAMINATION OF INFORMATION TO DETER6 MINE NEED FOR PRELIMINARY INVESTIGATION.—

7 ‘‘(1) FACTORS TO BE CONSIDERED.—In deter8 mining under subsection (a) or section 592(c)(2) 

9 whether grounds to investigate exist, the Attorney 

10 General shall consider only—

11 ‘‘(A) the specificity of the information re12 ceived; and 

13 ‘‘(B) the credibility of the source of the in14 formation. 

15 ‘‘(2) TIME PERIOD FOR MAKING DETERMINA16 TION.—The Attorney General shall determine wheth17 er grounds to investigate exist not later than 30 

18 days after the information is first received. If within 

19 that 30-day period the Attorney General determines 

20 that the information is not specific or is not from a 

21 credible source, then the Attorney General shall 

22 close the matter. If within that 30-day period the 

23 Attorney General determines that the information is 

24 specific and from a credible source, the Attorney 

25 General shall, upon making that determination, com-
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1 mence a preliminary investigation with respect to 

2 that information. If the Attorney General is unable 

3 to determine, within that 30-day period, whether the 

4 information is specific and from a credible source, 

5 the Attorney General shall, at the end of that 30-

6 day period, commence a preliminary investigation 

7 with respect to that information. 

8 ‘‘(e) RECUSAL OF ATTORNEY GENERAL.—

9 ‘‘(1) WHEN RECUSAL IS REQUIRED.—

10 ‘‘(A) INVOLVING THE ATTORNEY GEN11 ERAL.—If information received under this chap12 ter involves the Attorney General, the next most 

13 senior official in the Department of Justice who 

14 is not also recused shall perform the duties as15 signed under this chapter to the Attorney Gen16 eral. 

17 ‘‘(B) PERSONAL OR FINANCIAL RELATION18 SHIP.—If information received under this chap19 ter involves a person with whom the Attorney 

20 General has a personal or financial relationship, 

21 the Attorney General shall recuse himself or 

22 herself by designating the next most senior offi23 cial in the Department of Justice who is not 

24 also recused to perform the duties assigned 

25 under this chapter to the Attorney General. 
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1 ‘‘(2) REQUIREMENTS FOR RECUSAL DETER2 MINATION.—Before personally making any other de3 termination under this chapter with respect to infor4 mation received under this chapter, the Attorney 

5 General shall determine under paragraph (1)(B) 

6 whether recusal is necessary. The Attorney General 

7 shall set forth this determination in writing, identify 

8 the facts considered by the Attorney General, and 

9 set forth the reasons for the recusal. The Attorney

10 General shall file this determination with any notifi11 cation or application submitted to the division of the 

12 court under this chapter with respect to that infor13 mation. 

14 ‘‘§ 592. Preliminary investigation and application for 

15 appointment of an independent counsel 

16 ‘‘(a) CONDUCT OF PRELIMINARY INVESTIGATION.—

17 ‘‘(1) IN GENERAL.—A preliminary investigation 

18 conducted under this chapter shall be of those mat19 ters as the Attorney General considers appropriate 

20 in order to make a determination, under subsection 

21 (b) or (c), with respect to each potential violation, or 

22 allegation of a violation, of criminal law. The Attor23 ney General shall make that determination not later 

24 than 120 days after the preliminary investigation is 

25 commenced, except that, in the case of a preliminary 
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1 investigation commenced after a congressional re2 quest under subsection (g), the Attorney General 

3 shall make that determination not later than 120 

4 days after the request is received. The Attorney 

5 General shall promptly notify the division of the 

6 court specified in section 593(a) of the commence7 ment of that preliminary investigation and the date 

8 of commencement. 

9 ‘‘(2) LIMITED AUTHORITY OF ATTORNEY GEN10 ERAL.—

11 ‘‘(A) IN GENERAL.—In conducting prelimi12 nary investigations under this chapter, the At13 torney General shall have no authority to plea 

14 bargain or grant immunity. The Attorney Gen15 eral shall have the authority to convene grand 

16 juries and issue subpoenas. 

17 ‘‘(B) NOT TO BE BASIS OF DETERMINA18 TIONS.—The Attorney General shall not base a 

19 determination under this chapter—

20 ‘‘(i) that information with respect to a 

21 violation of criminal law by a person is not 

22 specific and from a credible source upon a 

23 determination that that person lacked the 

24 state of mind required for the violation of 

25 criminal law; or 
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1 ‘‘(ii) that there are no substantial 

2 grounds to believe that further investiga3 tion is warranted, upon a determination 

4 that that person lacked the state of mind 

5 required for the criminal violation involved, 

6 unless there is a preponderance of the evi7 dence that the person lacked that state of 

8 mind. 

9 ‘‘(3) EXTENSION OF TIME FOR PRELIMINARY

10 INVESTIGATION.—The Attorney General may apply 

11 to the division of the court for a single extension, for 

12 a period of not more than 90 days, of the 120-day 

13 period referred to in paragraph (1). The division of 

14 the court may, upon a showing of good cause, grant 

15 that extension. 

16 ‘‘(b) DETERMINATION THAT FURTHER INVESTIGA17 TION NOT WARRANTED.—

18 ‘‘(1) NOTIFICATION OF DIVISION OF THE

19 COURT.—If the Attorney General, upon completion 

20 of a preliminary investigation under this chapter, de21 termines that there are no substantial grounds to 

22 believe that further investigation is warranted, the 

23 Attorney General shall promptly so notify the divi24 sion of the court, and the division of the court shall 
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1 have no power to appoint an independent counsel 

2 with respect to the matters involved. 

3 ‘‘(2) FORM OF NOTIFICATION.—Notification 

4 under paragraph (1) shall contain a summary of the 

5 information received and a summary of the results 

6 of the preliminary investigation. 

7 ‘‘(c) DETERMINATION THAT FURTHER INVESTIGA8 TION IS WARRANTED.—

9 ‘‘(1) APPLICATION FOR APPOINTMENT OF INDE10 PENDENT COUNSEL.—The Attorney General shall 

11 apply to the division of the court for the appoint12 ment of an independent counsel if—

13 ‘‘(A) the Attorney General, upon comple14 tion of a preliminary investigation under this 

15 chapter, determines that there are substantial 

16 grounds to believe that further investigation is 

17 warranted; or 

18 ‘‘(B) the 120-day period referred to in sub19 section (a)(1), and any extension granted under 

20 subsection (a)(3), have elapsed and the Attor21 ney General has not filed a notification with the 

22 division of the court under subsection (b)(1). 

23 In determining under this chapter whether there are 

24 substantial grounds to believe that further investiga25 tion is warranted, the Attorney General shall comply 
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1 with the written or other established policies of the 

2 Department of Justice with respect to the conduct 

3 of criminal investigations. 

4 ‘‘(2) RECEIPT OF ADDITIONAL INFORMATION.—

5 If, after submitting a notification under subsection 

6 (b)(1), the Attorney General receives additional in7 formation sufficient to constitute grounds to inves8 tigate the matters to which that notification related, 

9 the Attorney General shall—

10 ‘‘(A) conduct such additional preliminary 

11 investigation as the Attorney General considers 

12 appropriate for a period of not more than 120 

13 days after the date on which that additional in14 formation is received; and 

15 ‘‘(B) otherwise comply with the provisions 

16 of this section with respect to that additional 

17 preliminary investigation to the same extent as 

18 any other preliminary investigation under this 

19 section. 

20 ‘‘(d) CONTENTS OF APPLICATION.—Any application 

21 for the appointment of an independent counsel under this 

22 chapter shall contain sufficient information to assist the 

23 division of the court in selecting an independent counsel 

24 and in defining that independent counsel’s prosecutorial

25 jurisdiction so that the independent counsel has adequate 
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1 authority to fully investigate and prosecute the subject 

2 matter and all matters directly related to that subject mat3 ter. 

4 ‘‘(e) DISCLOSURE OF INFORMATION.—Except as oth5 erwise provided in this chapter or as is deemed necessary 

6 for law enforcement purposes, no officer or employee of 

7 the Department of Justice or an office of independent 

8 counsel may, without leave of the division of the court, 

9 disclose to any individual outside the Department of Jus10 tice or that office any notification, application, or any 

11 other document, materials, or memorandum supplied to 

12 the division of the court under this chapter. Nothing in 

13 this chapter shall be construed as authorizing the with14 holding of information from the Congress. 

15 ‘‘(f) LIMITATION ON JUDICIAL REVIEW.—The Attor16 ney General’s determination under this chapter to apply 

17 to the division of the court for the appointment of an inde18 pendent counsel shall not be reviewable in any court. 

19 ‘‘(g) CONGRESSIONAL REQUEST.—

20 ‘‘(1) BY JUDICIARY COMMITTEE OR MEMBERS

21 THEREOF.—The Committee on the Judiciary of ei22 ther House of the Congress, or a majority of major23 ity party members or a majority of all nonmajority 

24 party members of either such committee, may re-
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1 quest in writing that the Attorney General apply for 

2 the appointment of an independent counsel. 

3 ‘‘(2) REPORT BY ATTORNEY GENERAL PURSU4 ANT TO REQUEST.—Not later than 30 days after the 

5 receipt of a request under paragraph (1), the Attor6 ney General shall submit, to the committee making 

7 the request, or to the committee on which the per8 sons making the request serve, a report on whether 

9 the Attorney General has begun or will begin a pre10 liminary investigation under this chapter of the mat11 ters with respect to which the request is made, in 

12 accordance with section 591(a). The report shall set 

13 forth the reasons for the Attorney General’s decision 

14 regarding the preliminary investigation as it relates 

15 to each of the matters with respect to which the con16 gressional request is made. If there is such a pre17 liminary investigation, the report shall include the 

18 date on which the preliminary investigation began or 

19 will begin. 

20 ‘‘(3) SUBMISSION OF INFORMATION IN RE21 SPONSE TO CONGRESSIONAL REQUEST.—At the 

22 same time as any notification, application, or any 

23 other document, material, or memorandum is sup24 plied to the division of the court pursuant to this 

25 section with respect to a preliminary investigation of 
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1 any matter with respect to which a request is made 

2 under paragraph (1), that notification, application, 

3 or other document, material, or memorandum shall 

4 be supplied to the committee making the request, or 

5 to the committee on which the persons making the 

6 request serve. If no application for the appointment 

7 of an independent counsel is made to the division of 

8 the court under this section pursuant to such a pre9 liminary investigation, the Attorney General shall 

10 submit a report to that committee stating the rea11 sons why the application was not made, addressing 

12 each matter with respect to which the congressional 

13 request was made. 

14 ‘‘(4) DISCLOSURE OF INFORMATION.—Any re15 port, notification, application, or other document, 

16 material, or memorandum supplied to a committee 

17 under this subsection shall not be revealed to any 

18 third party, except that the committee may, either 

19 on its own initiative or upon the request of the At20 torney General, make public such portion or portions 

21 of that report, notification, application, document, 

22 material, or memorandum as will not in the commit23 tee’s judgment prejudice the rights of any individual. 
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1 ‘‘§ 593. Duties of the division of the court 

2 ‘‘(a) REFERENCE TO DIVISION OF THE COURT.—The 

3 division of the court to which this chapter refers is the 

4 division established under section 49 of this title. 

5 ‘‘(b) APPOINTMENT AND JURISDICTION OF INDE6 PENDENT COUNSEL.—

7 ‘‘(1) AUTHORITY.—Upon receipt of an applica8 tion under section 592(c), the division of the court 

9 shall appoint an appropriate independent counsel 

10 and define the independent counsel’s prosecutorial

11 jurisdiction. The appointment shall be made from a 

12 list of candidates comprised of 5 individuals rec13 ommended by the chief judge of each Federal circuit 

14 and forwarded by January 15 of each year to the 

15 division of the court. 

16 ‘‘(2) QUALIFICATIONS OF INDEPENDENT COUN17 SEL.—The division of the court shall appoint as 

18 independent counsel an individual who—

19 ‘‘(A) has appropriate experience, including, 

20 to the extent practicable, prosecutorial experi21 ence and who has no actual or apparent per22 sonal, financial, or political conflict of interest; 

23 ‘‘(B) will conduct the investigation on a 

24 full-time basis and in a prompt, responsible, 

25 and cost-effective manner; and 
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1 ‘‘(C) does not hold any office of profit or 

2 trust under the United States. 

3 ‘‘(3) SCOPE OF PROSECUTORIAL JURISDIC4 TION.—

5 ‘‘(A) IN GENERAL.—In defining the inde6 pendent counsel’s prosecutorial jurisdiction 

7 under this chapter, the division of the court 

8 shall assure that the independent counsel has 

9 adequate authority to fully investigate and pros10 ecute—

11 ‘‘(i) the subject matter with respect to 

12 which the Attorney General has requested 

13 the appointment of the independent coun14 sel; and 

15 ‘‘(ii) all matters that are directly re16 lated to the independent counsel’s prosecu17 torial jurisdiction and the proper investiga18 tion and prosecution of the subject matter 

19 of such jurisdiction. 

20 ‘‘(B) DIRECTLY RELATED.—In this para21 graph, the term ‘directly related matters’ in22 cludes Federal crimes, other than those classi23 fied as Class B or C misdemeanors or infrac24 tions, that impede the investigation and pros25 ecution, such as perjury, obstruction of justice,
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1 destruction of evidence, and intimidation of wit2 nesses. 

3 ‘‘(4) DISCLOSURE OF IDENTITY AND PROSECU4 TORIAL JURISDICTION.—An independent counsel’s 

5 identity and prosecutorial jurisdiction may not be 

6 made public except upon the request of the Attorney 

7 General or upon a determination of the division of 

8 the court that disclosure of the identity and prosecu9 torial jurisdiction of that independent counsel would 

10 be in the best interests of justice. In any event, the 

11 identity and prosecutorial jurisdiction of the inde12 pendent counsel shall be made public when any in13 dictment is returned, or any criminal information is 

14 filed, pursuant to the independent counsel’s inves15 tigation. 

16 ‘‘(c) RETURN FOR FURTHER EXPLANATION.—Upon 

17 receipt of a notification under section 592 from the Attor18 ney General that there are no substantial grounds to be19 lieve that further investigation is warranted with respect 

20 to information received under this chapter, the division of 

21 the court shall have no authority to overrule this deter22 mination but may return the matter to the Attorney Gen23 eral for further explanation of the reasons for that deter24 mination. 
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1 ‘‘(d) VACANCIES.—If a vacancy in office arises by 

2 reason of the resignation, death, or removal of an inde3 pendent counsel, the division of the court shall appoint an 

4 independent counsel to complete the work of the inde5 pendent counsel whose resignation, death, or removal 

6 caused the vacancy, except that in the case of a vacancy 

7 arising by reason of the removal of an independent coun8 sel, the division of the court may appoint an acting inde9 pendent counsel to serve until any judicial review of the 

10 removal is completed. 

11 ‘‘(e) ATTORNEYS’ FEES.—

12 ‘‘(1) AWARD OF FEES.—Upon the request of an 

13 individual who is the subject of an investigation con14 ducted by an independent counsel pursuant to this 

15 chapter, the division of the court may, if no indict16 ment is brought against that individual pursuant to 

17 the investigation, award reimbursement for those 

18 reasonable attorneys’ fees incurred by the individual 

19 during the investigation which would not have been 

20 incurred but for the requirements of this chapter. 

21 The division of the court shall notify the inde22 pendent counsel who conducted the investigation and 

23 the Attorney General of any request for attorneys’ 

24 fees under this subsection. 
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1 ‘‘(2) EVALUATION OF FEES.—The division of 

2 the court shall direct the independent counsel and 

3 the Attorney General to file a written evaluation of 

4 any request for attorneys’ fees under this subsection, 

5 addressing—

6 ‘‘(A) the sufficiency of the documentation; 

7 ‘‘(B) the need or justification for the un8 derlying item; 

9 ‘‘(C) whether the underlying item would 

10 have been incurred but for the requirements of 

11 this chapter; and

12 ‘‘(D) the reasonableness of the amount of 

13 money requested. 

14 ‘‘(f) DISCLOSURE OF INFORMATION.—The division of 

15 the court may, subject to section 594(h)(2), allow the dis16 closure of any notification, application, or any other docu17 ment, material, or memorandum supplied to the division 

18 of the court under this chapter. 

19 ‘‘(g) AMICUS CURIAE BRIEFS.—When presented with 

20 significant legal issues, the division of the court may dis21 close sufficient information about the issues to permit the 

22 filing of timely amicus curiae briefs. 
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1 ‘‘§ 594. Authority and duties of an independent coun2 sel 

3 ‘‘(a) AUTHORITIES.—Notwithstanding any other pro4 vision of law, an independent counsel appointed under this 

5 chapter shall have, with respect to all matters in that inde6 pendent counsel’s prosecutorial jurisdiction established 

7 under this chapter, full power and independent authority 

8 to exercise all investigative and prosecutorial functions 

9 and powers of the Department of Justice, the Attorney 

10 General, and any other officer or employee of the Depart11 ment of Justice, except that the Attorney General shall 

12 exercise direction or control as to those matters that spe13 cifically require the Attorney General’s personal action 

14 under section 2516 of title 18. Such investigative and 

15 prosecutorial functions and powers shall include—

16 ‘‘(1) conducting proceedings before grand juries 

17 and other investigations; 

18 ‘‘(2) participating in court proceedings and en19 gaging in any litigation, including civil and criminal 

20 matters, that the independent counsel considers nec21 essary; 

22 ‘‘(3) appealing any decision of a court in any 

23 case or proceeding in which the independent counsel 

24 participates in an official capacity; 

25 ‘‘(4) reviewing all documentary evidence avail26 able from any source;
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1 ‘‘(5) determining whether to contest the asser2 tion of any testimonial privilege; 

3 ‘‘(6) receiving appropriate national security 

4 clearances and, if necessary, contesting in court (in5 cluding, where appropriate, participating in in cam6 era proceedings) any claim of privilege or attempt to 

7 withhold evidence on grounds of national security; 

8 ‘‘(7) making applications to any Federal court 

9 for a grant of immunity to any witness, consistent 

10 with applicable statutory requirements, or for war11 rants, subpoenas, or other court orders, and, for 

12 purposes of sections 6003, 6004, and 6005 of title 

13 18, exercising the authority vested in a United 

14 States attorney or the Attorney General; 

15 ‘‘(8) inspecting, obtaining, or using the original 

16 or a copy of any tax return, in accordance with the 

17 applicable statutes and regulations, and, for pur18 poses of section 6103 of the Internal Revenue Code 

19 of 1986 and the regulations issued thereunder, exer20 cising the powers vested in a United States attorney 

21 or the Attorney General; 

22 ‘‘(9) initiating and conducting prosecutions in 

23 any court of competent jurisdiction, framing and 

24 signing indictments, filing informations, and han-
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1 dling all aspects of any case, in the name of the 

2 United States; and 

3 ‘‘(10) consulting with the United States attor4 ney for the district in which any violation of law 

5 with respect to which the independent counsel is ap6 pointed was alleged to have occurred. 

7 ‘‘(b) COMPENSATION.—

8 ‘‘(1) IN GENERAL.—An independent counsel ap9 pointed under this chapter shall receive compensa10 tion at the annual rate of basic pay payable for level 

11 IV of the Executive Schedule under section 5315 of 

12 title 5. 

13 ‘‘(2) TRAVEL EXPENSES.—Except as provided 

14 in paragraph (3), an independent counsel and per15 sons appointed under subsection (c) shall be entitled 

16 to the payment of travel expenses as provided by 

17 subchapter I of chapter 57 of title 5, United States 

18 Code, including travel, per diem, and subsistence ex19 penses in accordance with section 5703 of title 5. 

20 ‘‘(3) TRAVEL TO PRIMARY OFFICE.—

21 ‘‘(A) IN GENERAL.—After 1 year of service 

22 under this chapter, an independent counsel and 

23 persons appointed under subsection (c) shall 

24 not be entitled to the payment of travel, per 

25 diem, or subsistence expenses under subchapter 
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1 I of chapter 57 of title 5, United States Code, 

2 for the purpose of commuting to or from the 

3 city in which the primary office of the inde4 pendent counsel or person is located. The 1-

5 year period may be extended for successive 6-

6 month periods if the independent counsel and 

7 the division of the court certify that the pay8 ment is in the public interest to carry out the 

9 purposes of this chapter. 

10 ‘‘(B) RELEVANT FACTORS.—In making 

11 any certification under this paragraph with re12 spect to travel and subsistence expenses of an

13 independent counsel or person appointed under 

14 subsection (c), that employee shall consider, 

15 among other relevant factors—

16 ‘‘(i) the cost to the Government of re17 imbursing those travel and subsistence ex18 penses; 

19 ‘‘(ii) the period of time for which the 

20 independent counsel anticipates that the 

21 activities of the independent counsel or 

22 person, as the case may be, will continue; 

23 ‘‘(iii) the personal and financial bur24 dens on the independent counsel or person, 

25 as the case may be, of relocating so that 
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1 the travel and subsistence expenses would 

2 not be incurred; and 

3 ‘‘(iv) the burdens associated with ap4 pointing a new independent counsel, or ap5 pointing another person under subsection 

6 (c), to replace the individual involved who 

7 is unable or unwilling to so relocate. 

8 ‘‘(c) ADDITIONAL PERSONNEL.—For the purposes of 

9 carrying out the duties of an office of independent counsel, 

10 an independent counsel may appoint, fix the compensa11 tion, and assign the duties of such employees as such inde12 pendent counsel considers necessary (including investiga13 tors, attorneys, and part-time consultants). The positions 

14 of all such employees are exempted from the competitive 

15 service. Such employees shall be compensated at levels not 

16 to exceed those payable for comparable positions in the 

17 Office of United States Attorney for the District of Colum18 bia under sections 548 and 550, but in no event shall any 

19 such employee be compensated at a rate greater than the 

20 rate of basic pay payable for level ES–4 of the Senior Ex21 ecutive Service Schedule under section 5382 of title 5, as 

22 adjusted for the District of Columbia under section 5304 

23 of that title regardless of the locality in which an employee 

24 is employed. 

25 ‘‘(d) ASSISTANCE OF DEPARTMENT OF JUSTICE.—
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1 ‘‘(1) IN CARRYING OUT FUNCTIONS.—An inde2 pendent counsel may request assistance from the 

3 Department of Justice in carrying out the functions 

4 of the independent counsel, and the Department of 

5 Justice shall provide that assistance, which may in6 clude access to any records, files, or other materials 

7 relevant to matters within that independent coun8 sel’s prosecutorial jurisdiction, and the use of the re9 sources and personnel necessary to perform that 

10 independent counsel’s duties. At the request of an 

11 independent counsel, prosecutors, administrative per12 sonnel, and other employees of the Department of 

13 Justice may be detailed to the staff of the inde14 pendent counsel to the extent the number of staff so 

15 detailed is reasonably related to the number of staff 

16 ordinarily assigned by the Department to conduct an 

17 investigation of similar size and complexity. 

18 ‘‘(2) PAYMENT OF AND REPORTS ON EXPENDI19 TURES OF INDEPENDENT COUNSEL.—The Depart20 ment of Justice shall pay all costs relating to the es21 tablishment and operation of any office of inde22 pendent counsel. The Attorney General shall submit 

23 to the Congress, not later than 30 days after the 

24 end of each fiscal year, a report on amounts paid 

25 during that fiscal year for expenses of investigations
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1 and prosecutions by independent counsel. Each such 

2 report shall include a statement of all payments 

3 made for activities of independent counsel but may 

4 not reveal the identity or prosecutorial jurisdiction 

5 of any independent counsel which has not been dis6 closed under section 593(b)(4). 

7 ‘‘(e) REFERRAL OF DIRECTLY RELATED MATTERS

8 TO AN INDEPENDENT COUNSEL.—An independent coun9 sel may ask the Attorney General or the division of the 

10 court to refer to the independent counsel only such mat11 ters that are directly related to the independent counsel’s 

12 prosecutorial jurisdiction, and the Attorney General or the 

13 division of the court, as the case may be, may refer such 

14 matters. If the Attorney General refers a matter to an 

15 independent counsel on the Attorney General’s own initia16 tive, the independent counsel may accept that referral only 

17 if the matter directly relates to the independent counsel’s 

18 prosecutorial jurisdiction. If the Attorney General refers 

19 any matter to the independent counsel pursuant to the 

20 independent counsel’s request, or if the independent coun21 sel accepts a referral made by the Attorney General on 

22 the Attorney General’s own initiative, the independent 

23 counsel shall so notify the division of the court. 

24 ‘‘(f) COMPLIANCE WITH POLICIES OF THE DEPART25 MENT OF JUSTICE.—
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1 ‘‘(1) IN GENERAL.—An independent counsel 

2 shall comply with the written or other established 

3 policies of the Department of Justice respecting en4 forcement of the criminal laws except when that pol5 icy requires the specific approval of the Attorney 

6 General or another Department of Justice official. If 

7 a policy requires the approval of the Attorney Gen8 eral or other Department of Justice official, an inde9 pendent counsel is encouraged to consult with the 

10 Attorney General or other official. To identify and 

11 understand these policies and policies under sub12 section (l)(1)(B), the independent counsel shall con13 sult with the Department of Justice. 

14 ‘‘(2) NATIONAL SECURITY.—An independent 

15 counsel shall comply with guidelines and procedures 

16 used by the Department in the handling and use of 

17 classified material. 

18 ‘‘(3) RELIEF FROM A VIOLATION OF POLI19 CIES.—

20 ‘‘(A) IN GENERAL.—A person who is a tar21 get, witness, or defendant in, or otherwise di22 rectly affected by, an investigation by an inde23 pendent counsel and who has reason to believe 

24 that the independent counsel is violating a writ25 ten policy of the Department of Justice mate-
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1 rial to the independent counsel’s investigation, 

2 may ask the Attorney General to determine 

3 whether the independent counsel has violated 

4 that policy. The Attorney General shall respond 

5 in writing within 30 days. 

6 ‘‘(B) RELIEF.—If the Attorney General 

7 determines that the independent counsel has 

8 violated a written policy of the Department of 

9 Justice material to the investigation by the 

10 independent counsel pursuant to subparagraph 

11 (A), the Attorney General may ask the division 

12 of the court to order the independent counsel to 

13 comply with that policy, and the division of the 

14 court may order appropriate relief. 

15 ‘‘(g) DISMISSAL OF MATTERS.—The independent 

16 counsel shall have full authority to dismiss matters within 

17 the independent counsel’s prosecutorial jurisdiction with18 out conducting an investigation or at any subsequent time 

19 before prosecution, if to do so would be consistent with 

20 the written or other established policies of the Department 

21 of Justice with respect to the enforcement of criminal 

22 laws. 

23 ‘‘(h) REPORTS BY INDEPENDENT COUNSEL.—

24 ‘‘(1) REQUIRED REPORTS.—An independent 

25 counsel shall—
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1 ‘‘(A) file with the division of the court, 

2 with respect to the 6-month period beginning on 

3 the date of his or her appointment, and with re4 spect to each 6-month period thereafter until 

5 the office of that independent counsel termi6 nates, a report which identifies and explains 

7 major expenses, and summarizes all other ex8 penses, incurred by that office during the 6-

9 month period with respect to which the report 

10 is filed, and estimates future expenses of that 

11 office; and 

12 ‘‘(B) before the termination of the inde13 pendent counsel’s office under section 596(b), 

14 file a final report with the division of the court, 

15 setting forth only the following: 

16 ‘‘(i) the jurisdiction of the inde17 pendent counsel’s investigation; 

18 ‘‘(ii) a list of indictments brought by 

19 the independent counsel and the disposi20 tion of each indictment, including any ver21 dicts, pleas, convictions, pardons, and sen22 tences; and 

23 ‘‘(iii) a summary of the expenses of 

24 the independent counsel’s office. 
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1 ‘‘(2) DISCLOSURE OF INFORMATION IN RE2 PORTS.—The division of the court may release to the 

3 Congress, the public, or any appropriate person, 

4 those portions of a report made under this sub5 section as the division of the court considers appro6 priate. The division of the court shall make those or7 ders as are appropriate to protect the rights of any 

8 individual named in that report and to prevent 

9 undue interference with any pending prosecution. 

10 The division of the court may make any portion of 

11 a final report filed under paragraph (1)(B) available 

12 to any individual named in that report for the pur13 poses of receiving within a time limit set by the divi14 sion of the court any comments or factual informa15 tion that the individual may submit. Such comments 

16 and factual information, in whole or in part, may, in 

17 the discretion of the division of the court, be in18 cluded as an appendix to the final report. 

19 ‘‘(3) PUBLICATION OF REPORTS.—At the re20 quest of an independent counsel, the Public Printer 

21 shall cause to be printed any report previously re22 leased to the public under paragraph (2). The inde23 pendent counsel shall certify the number of copies 

24 necessary for the public, and the Public Printer shall 

25 place the cost of the required number to the debit
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1 of the independent counsel. Additional copies shall 

2 be made available to the public through the deposi3 tory library program and Superintendent of Docu4 ments sales program pursuant to sections 1702 and 

5 1903 of title 44. 

6 ‘‘(i) INDEPENDENCE FROM DEPARTMENT OF JUS7 TICE.—Each independent counsel appointed under this 

8 chapter, and the persons appointed by that independent 

9 counsel under subsection (c), are employees of the Depart10 ment of Justice for purposes of sections 202 through 209 

11 of title 18.

12 ‘‘(j) STANDARDS OF CONDUCT APPLICABLE TO

13 INDEPENDENT COUNSEL, PERSONS SERVING IN THE OF14 FICE OF AN INDEPENDENT COUNSEL, AND THEIR LAW

15 FIRMS.—

16 ‘‘(1) RESTRICTIONS ON EMPLOYMENT WHILE

17 INDEPENDENT COUNSEL AND APPOINTEES ARE

18 SERVING.—

19 ‘‘(A) INDEPENDENT COUNSEL.—During 

20 the period in which an independent counsel is 

21 serving under this chapter—

22 ‘‘(i) that independent counsel shall 

23 have no other paid employment; and 

24 ‘‘(ii) any person associated with a 

25 firm with which that independent counsel 
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1 is associated may not represent in any 

2 matter any person involved in any inves3 tigation or prosecution under this chapter. 

4 ‘‘(B) OTHER PERSONS.—During the period 

5 in which any person appointed by an inde6 pendent counsel under subsection (c) is serving 

7 in the office of independent counsel, that person 

8 may not represent in any matter any person in9 volved in any investigation or prosecution under 

10 this chapter. 

11 ‘‘(2) POST EMPLOYMENT RESTRICTIONS ON

12 INDEPENDENT COUNSEL AND APPOINTEES.—Each 

13 independent counsel and each person appointed by 

14 that independent counsel under subsection (c) may 

15 not—

16 ‘‘(A) for 3 years following the termination 

17 of the service under this chapter of that inde18 pendent counsel or appointed person, as the 

19 case may be, represent any person in any mat20 ter if that individual was the subject of an in21 vestigation or prosecution under this chapter 

22 that was conducted by that independent coun23 sel; or 

24 ‘‘(B) for 1 year following the termination 

25 of the service under this chapter of that inde-
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1 pendent counsel or appointed person, as the 

2 case may be, represent any person in any mat3 ter involving any investigation or prosecution 

4 under this chapter. 

5 ‘‘(3) ONE-YEAR BAN ON REPRESENTATION BY

6 MEMBERS OF FIRMS OF INDEPENDENT COUNSEL.—

7 Any person who is associated with a firm with which 

8 an independent counsel is associated or becomes as9 sociated after termination of the service of that inde10 pendent counsel under this chapter may not, for 1 

11 year following that termination, represent any per12 son in any matter involving any investigation or 

13 prosecution under this chapter. 

14 ‘‘(4) DEFINITIONS.—For purposes of this sub15 section—

16 ‘‘(A) the term ‘firm’ means a law firm 

17 whether organized as a partnership or corpora18 tion; and 

19 ‘‘(B) a person is ‘associated’ with a firm if 

20 that person is an officer, director, partner, or 

21 other member or employee of that firm. 

22 ‘‘(5) ENFORCEMENT.—The Attorney General 

23 and the Director of the Office of Government Ethics 

24 have authority to enforce compliance with this sub25 section. The designated agency ethics official for the 
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1 Department of Justice shall be the ethics adviser for 

2 the independent counsel and employees of the inde3 pendent counsel. 

4 ‘‘(k) CUSTODY OF RECORDS OF AN INDEPENDENT

5 COUNSEL.—

6 ‘‘(1) TRANSFER OF RECORDS.—Upon termi7 nation of the office of an independent counsel, that 

8 independent counsel shall transfer to the Archivist of 

9 the United States all records which have been cre10 ated or received by that office. Before this transfer, 

11 the independent counsel shall clearly identify which 

12 of these records are subject to rule 6(e) of the Fed13 eral Rules of Criminal Procedure as grand jury ma14 terials and which of these records have been classi15 fied as national security information. Any records 

16 which were compiled by an independent counsel and, 

17 upon termination of the independent counsel’s office, 

18 were stored with the division of the court or else19 where before the enactment of the Independent 

20 Counsel Reauthorization Act of 1987, shall also be 

21 transferred to the Archivist of the United States by 

22 the division of the court or the person in possession 

23 of those records. 

24 ‘‘(2) MAINTENANCE, USE, AND DISPOSAL OF

25 RECORDS.—Records transferred to the Archivist 
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1 under this chapter shall be maintained, used, and 

2 disposed of in accordance with chapters 21, 29, and 

3 33 of title 44. 

4 ‘‘(3) ACCESS TO RECORDS.—

5 ‘‘(A) IN GENERAL.—Subject to paragraph 

6 (4), access to the records transferred to the Ar7 chivist under this chapter shall be governed by 

8 section 552 of title 5. 

9 ‘‘(B) ACCESS BY DEPARTMENT OF JUS10 TICE.—The Archivist shall, upon written appli11 cation by the Attorney General, disclose any 

12 such records to the Department of Justice for 

13 purposes of an ongoing law enforcement inves14 tigation or court proceeding, except that, in the 

15 case of grand jury materials, those records shall 

16 be so disclosed only by order of the court of 

17 jurisdiction under rule 6(e) of the Federal 

18 Rules of Criminal Procedure. 

19 ‘‘(C) EXCEPTION.—Notwithstanding any 

20 restriction on access imposed by law, the Archi21 vist and persons employed by the National Ar22 chives and Records Administration who are en23 gaged in the performance of normal archival 

24 work shall be permitted access to the records 

25 transferred to the Archivist under this chapter.
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1 ‘‘(4) RECORDS PROVIDED BY CONGRESS.—

2 Records of an investigation conducted by a com3 mittee of the House of Representatives or the Senate 

4 which are provided to an independent counsel to as5 sist in an investigation or prosecution conducted by 

6 that independent counsel—

7 ‘‘(A) shall be maintained as a separate 

8 body of records within the records of the inde9 pendent counsel; and 

10 ‘‘(B) shall, after the records have been 

11 transferred to the Archivist under this chapter, 

12 be made available, except as provided in para13 graph (3) (B) and (C), in accordance with the 

14 rules governing release of the records of the 

15 House of Congress that provided the records to 

16 the independent counsel. 

17 Subparagraph (B) shall not apply to those records 

18 which have been surrendered pursuant to grand jury 

19 or court proceedings. 

20 ‘‘(l) COST AND ADMINISTRATIVE SUPPORT.—

21 ‘‘(1) COST CONTROLS.—

22 ‘‘(A) IN GENERAL.—An independent coun23 sel shall—

24 ‘‘(i) conduct all activities with due re25 gard for expense; 
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1 ‘‘(ii) authorize only reasonable and 

2 lawful expenditures; and 

3 ‘‘(iii) promptly, upon taking office, as4 sign to a specific employee the duty of cer5 tifying that expenditures of the inde6 pendent counsel are reasonable and made 

7 in accordance with law. 

8 ‘‘(B) LIABILITY FOR INVALID CERTIFI9 CATION.—An employee making a certification 

10 under subparagraph (A)(iii) shall be liable for 

11 an invalid certification to the same extent as a 

12 certifying official certifying a voucher is liable 

13 under section 3528 of title 31. 

14 ‘‘(C) DEPARTMENT OF JUSTICE POLI15 CIES.—An independent counsel shall comply 

16 with the established policies of the Department 

17 of Justice respecting expenditures of funds. 

18 ‘‘(2) BUDGET.—The independent counsel, after 

19 consulting with the Attorney General, shall, within 

20 90 days of appointment, submit a budget for the 

21 first year of the investigation and, on the anniver22 sary of the appointment, for each year thereafter to 

23 the Attorney General and the General Accounting 

24 Office. The General Accounting Office shall review 

25 the budget and submit a written appraisal of the 
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1 budget to the independent counsel and the Commit2 tees on Governmental Affairs and Appropriations of 

3 the Senate and the Committees on the Judiciary and 

4 Appropriations of the House of Representatives. 

5 ‘‘(3) ADMINISTRATIVE SUPPORT.—The Director 

6 of the Administrative Office of the United States 

7 Courts shall provide administrative support and 

8 guidance to each independent counsel. No officer or 

9 employee of the Administrative Office of the United 

10 States Courts shall disclose information related to 

11 an independent counsel’s expenditures, personnel, or 

12 administrative acts or arrangements without the au13 thorization of the independent counsel. 

14 ‘‘(4) OFFICE SPACE.—The Administrator of 

15 General Services, in consultation with the Director 

16 of the Administrative Office of the United States 

17 Courts, shall promptly provide appropriate office 

18 space for each independent counsel. The office space 

19 shall be within a Federal building unless the Admin20 istrator of General Services determines that other 

21 arrangements would cost less. Until the office space 

22 is provided, the Administrative Office of the United 

23 States Courts shall provide newly appointed inde24 pendent counsels immediately upon appointment 
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1 with appropriate, temporary office space, equipment, 

2 and supplies. 

3 ‘‘(m) EXPEDITED JUDICIAL CONSIDERATION AND

4 REVIEW.—It shall be the duty of the courts of the United 

5 States to advance on the docket and to expedite to the 

6 greatest extent possible the disposition of matters relating 

7 to an investigation and prosecution by an independent 

8 counsel under this chapter consistent with the purposes 

9 of this chapter.

10 ‘‘§ 595. Congressional oversight 

11 ‘‘(a) OVERSIGHT OF CONDUCT OF INDEPENDENT

12 COUNSEL.—

13 ‘‘(1) CONGRESSIONAL OVERSIGHT.—The appro14 priate committees of the Congress shall have over15 sight jurisdiction with respect to the official conduct 

16 of any independent counsel appointed under this 

17 chapter, and the independent counsel shall have the 

18 duty to cooperate with the exercise of that oversight 

19 jurisdiction. 

20 ‘‘(2) REPORTS TO CONGRESS.—An independent 

21 counsel appointed under this chapter shall submit to 

22 the Congress annually a report on the activities of 

23 the independent counsel, including a description of 

24 the progress of any investigation or prosecution con25 ducted by the independent counsel. The report may 
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1 omit any matter that in the judgment of the inde2 pendent counsel should be kept confidential, but 

3 shall provide information adequate to justify the ex4 penditures that the office of the independent counsel 

5 has made. 

6 ‘‘(b) OVERSIGHT OF CONDUCT OF ATTORNEY GEN7 ERAL.—Within 15 days after receiving an inquiry about 

8 a particular case under this chapter, which is a matter 

9 of public knowledge, from a committee of the Congress 

10 with jurisdiction over this chapter, the Attorney General 

11 shall provide the following information to that committee 

12 with respect to the case: 

13 ‘‘(1) When the information about the case was 

14 received. 

15 ‘‘(2) Whether a preliminary investigation is 

16 being conducted, and if so, the date it began. 

17 ‘‘(3) Whether an application for the appoint18 ment of an independent counsel or a notification 

19 that further investigation is not warranted has been 

20 filed with the division of the court, and if so, the 

21 date of that filing. 

22 ‘‘§ 596. Removal of an independent counsel; termi23 nation of office 

24 ‘‘(a) REMOVAL; REPORT ON REMOVAL.—

25 ‘‘(1) GROUNDS FOR REMOVAL.—
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1 ‘‘(A) IN GENERAL.—An independent coun2 sel appointed under this chapter may be re3 moved from office, other than by impeachment 

4 and conviction, only by the personal action of 

5 the Attorney General and only for good cause, 

6 physical or mental disability (if not prohibited 

7 by law protecting persons from discrimination 

8 on the basis of such a disability), or any other 

9 condition that impairs the performance of that 

10 independent counsel’s duties. 

11 ‘‘(B) GOOD CAUSE.—In this paragraph, 

12 the term ‘good cause’ includes—

13 ‘‘(i) a knowing and material failure to 

14 comply with written Department of Justice 

15 policies relevant to the conduct of a crimi16 nal investigation; and 

17 ‘‘(ii) an actual personal, financial, or 

18 political conflict of interest. 

19 ‘‘(2) REPORT TO DIVISION OF THE COURT AND

20 CONGRESS.—If an independent counsel is removed 

21 from office, the Attorney General shall promptly 

22 submit to the division of the court and the Commit23 tees on the Judiciary of the Senate and the House 

24 of Representatives a report specifying the facts 

25 found and the ultimate grounds for the removal. The 
40

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1 committees shall make available to the public that 

2 report, except that each committee may, if necessary 

3 to protect the rights of any individual named in the 

4 report or to prevent undue interference with any 

5 pending prosecution, postpone or refrain from pub6 lishing any or all of the report. The division of the 

7 court may release any or all of the report in accord8 ance with section 594(h)(2). 

9 ‘‘(3) JUDICIAL REVIEW OF REMOVAL.—An inde10 pendent counsel removed from office may obtain ju11 dicial review of the removal in a civil action com12 menced in the United States District Court for the 

13 District of Columbia. A member of the division of 

14 the court may not hear or determine any such civil 

15 action or any appeal of a decision in any such civil 

16 action. The independent counsel may be reinstated 

17 or granted other appropriate relief by order of the 

18 court. 

19 ‘‘(b) TERMINATION OF OFFICE.—

20 ‘‘(1) TERMINATION BY ACTION OF INDE21 PENDENT COUNSEL.—An office of independent 

22 counsel shall terminate when—

23 ‘‘(A) the independent counsel notifies the 

24 Attorney General that the investigation of all 

25 matters within the prosecutorial jurisdiction of 
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1 the independent counsel or accepted by the 

2 independent counsel under section 594(e), and 

3 any resulting prosecutions, have been completed 

4 or so substantially completed that it would be 

5 appropriate for the Department of Justice to 

6 complete those investigations and prosecutions; 

7 and 

8 ‘‘(B) the independent counsel files a final 

9 report in compliance with section 594(h)(1)(B).

10 ‘‘(2) TERMINATION BY DIVISION OF THE

11 COURT.—The division of the court, either on its own 

12 motion or upon the request of the Attorney General, 

13 may terminate an office of independent counsel at 

14 any time, on the ground that the investigation of all 

15 matters within the prosecutorial jurisdiction of the 

16 independent counsel or accepted by the independent 

17 counsel under section 594(e), and any resulting 

18 prosecutions, have been completed or so substan19 tially completed that it would be appropriate for the 

20 Department of Justice to complete those investiga21 tions and prosecutions. At the time of that termi22 nation, the independent counsel shall file the final 

23 report required by section 594(h)(1)(B). If the At24 torney General has not made a request under this 

25 paragraph, the division of the court shall determine 
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1 on its own motion whether termination is appro2 priate under this paragraph no later than 2 years 

3 after the appointment of an independent counsel. 

4 ‘‘(3) TERMINATION AFTER 2 YEARS.—

5 ‘‘(A) GENERAL RULE.—Except as provided 

6 in subparagraph (B), the term of an inde7 pendent counsel shall terminate at the expira8 tion of 2 years after the date of appointment of 

9 the independent counsel and any matters under 

10 investigation by the independent counsel shall 

11 be transferred to the Attorney General. 

12 ‘‘(B) EXCEPTIONS.—

13 ‘‘(i) GOOD CAUSE.—An independent 

14 counsel may petition the division of the 

15 court to extend the investigation of the 

16 independent counsel for up to 1 year for 

17 good cause. The division of the court shall 

18 determine whether the grant of such an ex19 tension is warranted and determine the 

20 length of each extension. 

21 ‘‘(ii) DILATORY TACTICS.—If the in22 vestigation of an independent counsel was 

23 delayed by dilatory tactics by persons that 

24 could provide evidence that would signifi25 cantly assist the investigation, an inde-
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1 pendent counsel may petition the division 

2 of the court to extend the investigation of 

3 the independent counsel for an additional 

4 period of time equal to the amount of time 

5 lost by the dilatory tactics. If the division 

6 of the court finds that dilatory tactics did 

7 delay the investigation, the division of the 

8 court shall extend the investigation for a 

9 period equal to the delay. 

10 ‘‘(c) AUDITS.—

11 ‘‘(1) IN GENERAL.—On or before June 30 of 

12 each year, an independent counsel shall prepare a 

13 statement of expenditures for the 6 months that 

14 ended on the immediately preceding March 31. On 

15 or before December 31 of each year, an independent 

16 counsel shall prepare a statement of expenditures for 

17 the fiscal year that ended on the immediately pre18 ceding September 30. An independent counsel whose 

19 office is terminated prior to the end of the fiscal 

20 year shall prepare a statement of expenditures on or 

21 before the date that is 90 days after the date on 

22 which the office is terminated. 

23 ‘‘(2) COMPTROLLER GENERAL REVIEW.—The 

24 Comptroller General shall—
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1 ‘‘(A) conduct a financial review of a mid2 year statement and a financial audit of a year3 end statement and statement on termination; 

4 and 

5 ‘‘(B) report the results to the Committee 

6 on the Judiciary, Committee on Governmental 

7 Affairs, and Committee on Appropriations of 

8 the Senate and the Committee on the Judiciary, 

9 Committee on Government Reform, and Com10 mittee on Appropriations of the House of Rep11 resentatives not later than 90 days following 

12 the submission of each statement. 

13 ‘‘§ 597. Relationship with Department of Justice 

14 ‘‘(a) SUSPENSION OF OTHER INVESTIGATIONS AND

15 PROCEEDINGS.—Whenever a matter is in the prosecu16 torial jurisdiction of an independent counsel or has been 

17 accepted by an independent counsel under section 594(e), 

18 the Department of Justice, the Attorney General, and all 

19 other officers and employees of the Department of Justice 

20 shall suspend all investigations and proceedings regarding 

21 that matter, except to the extent required by section 

22 594(d)(1), and except insofar as the independent counsel 

23 agrees in writing that the investigation or proceedings may 

24 be continued by the Department of Justice. 
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1 ‘‘(b) PRESENTATION AS AMICUS CURIAE PER2 MITTED.—Nothing in this chapter shall prevent the Attor3 ney General or the Solicitor General from making a pres4 entation as amicus curiae to any court as to issues of law 

5 raised by any case or proceeding in which an independent 

6 counsel participates in an official capacity or any appeal 

7 of such a case or proceeding. 

8 ‘‘§ 598. Severability 

9 ‘‘If any provision of this chapter or the application 

10 thereof to any person or circumstance is held invalid, the 

11 remainder of this chapter and the application of that pro12 vision to other persons not similarly situated or to other 

13 circumstances shall not be affected by that invalidation. 

14 ‘‘§ 599. Termination of effect of chapter 

15 ‘‘This chapter shall cease to be effective 5 years after 

16 the date of enactment of the Independent Counsel Reform 

17 Act of 2003, except that this chapter shall continue in ef18 fect with respect to then pending matters before an inde19 pendent counsel that in the judgment of that counsel re20 quire the continuation until that independent counsel de21 termines those matters have been completed.’’. 

22 SEC. 3. ASSIGNMENT OF JUDGES TO DIVISION TO APPOINT 

23 INDEPENDENT COUNSELS. 

24 Section 49 of title 28, United States Code, is amend25 ed to reads as follows: 
46

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1 ‘‘§ 49. Assignment of judges to division to appoint 

2 independent counsels 

3 ‘‘(a) IN GENERAL.—Beginning with the 3-year period 

4 commencing on the date of the enactment of the Inde5 pendent Counsel Reform Act of 2003, 3 judges shall be 

6 assigned for each successive 3-year period to a division 

7 of the United States Court of Appeals for the District of 

8 Columbia to be the division of the court for the purpose 

9 of appointing independent counsels. The Clerk of the 

10 United States Court of Appeals for the District of Colum11 bia Circuit shall serve as the clerk of the division of the 

12 court and shall provide such services as are needed by the 

13 division of the court. 

14 ‘‘(b) OTHER JUDICIAL ASSIGNMENTS.—Except as 

15 provided in subsection (e), assignment to the division of 

16 the court shall not be a bar to other judicial assignments 

17 during the term of the division of the court. 

18 ‘‘(c) DESIGNATION AND ASSIGNMENT.—The Chief 

19 Justice of the United States shall designate and assign 

20 by a lottery of all circuit court judges, 3 circuit court 

21 judges 1 of whom shall be a judge of the United States 

22 Court of Appeals for the District of Columbia, to the divi23 sion of the court. Not more than 1 judge may be named 

24 to the division of the court from a particular court. 

25 ‘‘(d) VACANCY.—Any vacancy in the division of the 

26 court shall be filled only for the remainder of the 3-year 
47

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1 period in which that vacancy occurs and in the same man2 ner as initial assignments to the division of the court were 

3 made. 

4 ‘‘(e) RECUSAL.—Except as otherwise provided in 

5 chapter 40 of this title, no member of the division of the 

6 court who participated in a function conferred on the divi7 sion of the court under chapter 40 of this title involving 

8 an independent counsel shall be eligible to participate in 

9 any judicial proceeding concerning a matter that—

10 ‘‘(1) involves that independent counsel while the 

11 independent counsel is serving in that office; or 

12 ‘‘(2) involves the exercise of the independent 

13 counsel’s official duties, regardless of whether the 

14 independent counsel is still serving in that office.’’.

Æ