jury does not return an indictment by the end of the 
30-day period. The Speaker of the House, or any in-
terested congressional party, may file with the Spe-
cial Division a suggestion that circumstances giving 
rise to a duty to appoint a special counsel have oc-
curred after the 30-day period ends without the re-
turn of an indictment. 
(b) SPECIAL DIVISION.— 
(1) ESTABLISHMENT.—There is hereby estab-
lished within the United States Court of Appeals for 
the District of Columbia a Special Division to carry 
out the appointment of special counsels under this 
section. 
(2) DESIGNATION.— 
(A) IN GENERAL.—The Chief Justice of 
the United States shall designate three judges 
or justices of the United States, one of whom 
shall be an active judge of the United States 
Court of Appeals for the District of Columbia, 
to serve on the Special Division, except that 
none of the judges or justices serving on the 
Special Division may serve or have served on 
the same court. 
(B) PRIORITY.—In designating judges and 
justices to serve on the Special Division, the 
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Chief Justice shall give priority to senior circuit 
judges and retired justices of the United States 
Supreme Court. 
(C) DEADLINE.—The Chief Justice shall 
make the first such designation not later than 
45 days after the date of the enactment of this 
Act. 
(3) TERM OF SERVICE.—Each designation to 
the Special Division shall be for a term of 2 years, 
but the Chief Justice may fill any vacancy arising 
before the end of a term for the remainder of that 
term. 
(c) APPOINTMENT, QUALIFICATIONS, AND PROSECU-
TORIAL JURISDICTION OF SPECIAL COUNSEL, AND AD-
MINISTRATIVE MATTERS RELATING
TO
THE SPECIAL 
COUNSEL.— 
(1) 
APPOINTMENT, 
QUALIFICATIONS, 
AND 
PROSECUTORIAL JURISDICTION OF SPECIAL COUN-
SEL.— 
(A) 
APPOINTMENT
AND
QUALIFICA-
TIONS.—The Special Division shall appoint the 
special counsel, who must be an attorney in 
good standing with substantial prosecutorial ex-
perience— 
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(i) who has not served in any capacity 
in the administration of the President who 
is or who was in office at the time the 
Speaker of the House certified the finding 
of a violation; and 
(ii) who is or who was not a Member, 
officer, or employee of Congress at the 
time the Speaker of the House certified the 
finding of a violation. 
(B) PROSECUTORIAL JURISDICTION.—The 
Special Division shall define the special coun-
sel’s prosecutorial jurisdiction as comprising the 
investigation and prosecution of the alleged vio-
lation, any conspiracy to commit the alleged 
violation, and any perjury, false statement, or 
obstruction of justice occurring in relation to 
such investigation and prosecution. 
(2) AUTHORITY
OF
SPECIAL
COUNSEL
WITH 
RESPECT TO MATTERS WITHIN PROSECUTORIAL JU-
RISDICTION.—With respect to all matters in that 
special counsel’s prosecutorial jurisdiction, a special 
counsel appointed under this section shall have full 
power and independent authority to exercise all pros-
ecutorial functions and powers, and any other func-
tions and powers normally ancillary thereto, of the 
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Department of Justice, the Attorney General, and 
any other officer or employee of the Department of 
Justice, except that the Attorney General shall exer-
cise direction or control as to those matters that spe-
cifically require the Attorney General’s personal ac-
tion under section 2516 of title 18, United States 
Code. 
(3) COMPLIANCE WITH POLICIES OF THE DE-
PARTMENT OF JUSTICE.— 
(A) IN GENERAL.—A special counsel shall, 
except to the extent that to do so would be in-
consistent with the purposes of this section, 
comply with the written or other established 
policies of the Department of Justice respecting 
enforcement of the criminal laws. 
(B) NATIONAL SECURITY.—A special coun-
sel shall comply with guidelines and procedures 
used by the Department in the handling and 
use of classified material. 
(4) SALARY.—The special counsel shall receive 
a salary equivalent to the salary of the United 
States Attorney for the District of Columbia. 
(5) STAFF.—The special counsel may appoint 
and fix the salaries of such staff, not to exceed 12 
in number, as the special counsel deems necessary to 
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carry out the functions of the special counsel under 
this section. However, no salary of a member of such 
staff may exceed the salary of the special counsel. 
(6) EXPENSES.—The Department of Justice 
shall pay all costs relating to the establishment and 
operation of any office of special counsel. The Attor-
ney General shall submit to the Congress, not later 
than 30 days after the end of each fiscal year, a re-
port on amounts paid during that fiscal year for ex-
penses of investigations and prosecutions the special 
counsel. 
(7) REPORT TO CONGRESS.—Each special coun-
sel shall report to Congress annually on the special 
counsel’s activities under this section. The report 
shall include a description of the progress of any in-
vestigation or prosecution conducted by the special 
counsel and provide information justifying the costs 
of the activities reported on. 
(d) REMOVAL OF SPECIAL COUNSEL.— 
(1) IN GENERAL.—A special counsel may be re-
moved from office, other than by impeachment and 
conviction, only by the personal action of the Attor-
ney General, and only for good cause, physical or 
mental disability, or any other condition that sub-
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