-CITE-

28 USC CHAPTER 40 - INDEPENDENT COUNSEL 01/06/03

-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.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 49, 530B of this title;

title 18 section 202.

-End-

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28 USC Sec. 591 01/06/03

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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).

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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 592, 593 of this title.

-End-

-CITE-

28 USC Sec. 592 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 591, 593 of this title.

-End-

-CITE-

28 USC Sec. 593 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 592, 594 of this title;

title 26 section 6103.

-FOOTNOTE-

(!1) So in original.

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

-End-

-CITE-

28 USC Sec. 594 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 593, 596, 597 of this

title; title 18 section 202.

-End-

-CITE-

28 USC Sec. 595 01/06/03

-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 01/06/03

-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 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 594 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

28 USC Sec. 597 01/06/03

-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 01/06/03

-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 01/06/03

-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.

-End-

-CITE-

28 USC PART III - COURT OFFICERS AND EMPLOYEES 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

-HEAD-

PART III - COURT OFFICERS AND EMPLOYEES

-MISC1-

Chap. Sec.

41. Administrative Office of United States Courts 601

42. Federal Judicial Center 620

43. United States Magistrate Judges 631

44. Alternative Dispute Resolution 651

45. Supreme Court 671

47. Courts of Appeals 711

49. District Courts 751

51. United States Court of Federal Claims 791

[53. Repealed.]

55. Court of International Trade 871

57. General Provisions Applicable to Court Officers and

Employees 951

58. United States Sentencing Commission 991

SENATE REVISION AMENDMENT

Chapter 59 was renumbered as Chapter 57 but without change in its

section numbers, by Senate amendment. See 80th Congress Senate

Report No. 1559.

AMENDMENTS

1998 - Pub. L. 105-315, Sec. 12(b)(3), Oct. 30, 1998, 112 Stat.

2998, substituted "Alternative Dispute Resolution" for

"Arbitration" as item for chapter 44.

1992 - Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992,

106 Stat. 4516, substituted "United States Court of Federal Claims"

for "United States Claims Court" as item for chapter 51.

1988 - Pub. L. 100-702, title IX, Sec. 901(b), Nov. 19, 1988, 102

Stat. 4663, added item for chapter 44.

1984 - Pub. L. 98-473, title II, Sec. 217(b), Oct. 12, 1984, 98

Stat. 2026, added item for chapter 58, effective on the first day

of the first calendar month beginning twenty-four months after Oct.

12, 1984 (Nov. 1, 1986).

1982 - Pub. L. 97-164, title I, Sec. 121(g)(1), Apr. 2, 1982, 96

Stat. 35, substituted "United States Claims Court" for "Court of

Claims" as item for chapter 51.

Pub. L. 97-164, title I, Sec. 122(a), Apr. 2, 1982, 96 Stat. 36,

struck out item for chapter 53.

1980 - Pub. L. 96-417, title V, Sec. 501(13), Oct. 10, 1980, 94

Stat. 1742, substituted "Court of International Trade" for "Customs

Court" as item for chapter 55.

1978 - Pub. L. 95-598, title II, Sec. 233(b), Nov. 6, 1978, 92

Stat. 2667, directed the addition of item for chapter 50,

"Bankruptcy Courts", which amendment did not become effective

pursuant to section 402(b) of Pub. L. 95-598, as amended, set out

as an Effective Date note preceding section 101 of Title 11,

Bankruptcy.

1968 - Pub. L. 90-578, title I, Sec. 102(a), Oct. 17, 1968, 82

Stat. 1114, substituted "United States Magistrates" for "United

States Commissioners" as item for chapter 43.

1967 - Pub. L. 90-219, title II, Sec. 204, Dec. 20, 1967, 81

Stat. 669, added item for chapter 42.

-CHANGE-

CHANGE OF NAME

"United States Magistrate Judges" substituted for "United States

Magistrates" in item for chapter 43 pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of this title.

-End-