2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part II - DEPARTMENT OF JUSTICE (§§ 501 - 599B)
Chapter 40 - INDEPENDENT COUNSEL (§§ 591 - 599)
Section 593 - Duties of the division of the court
Publication Title | United States Code, 2012 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 40 - INDEPENDENT COUNSEL Sec. 593 - Duties of the division of the court |
Contains | section 593 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 95-521, title VI, §601(a), Oct. 26, 1978, 92 Stat. 1869; amended Pub. L. 97-409, §§2(a)(1), 5, Jan. 3, 1983, 96 Stat. 2039, 2041; Pub. L. 100-191, §2, Dec. 15, 1987, 101 Stat. 1297; Pub. L. 103-270, §3(n), June 30, 1994, 108 Stat. 736. |
Statutes at Large References | 92 Stat. 1869 96 Stat. 2039 101 Stat. 1297 108 Stat. 736 |
Public Law References | Public Law 95-521, Public Law 97-409, Public Law 100-191, Public Law 103-270 |
Download PDF
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(1)
(2)
(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)
(e)
(f)
(1)
(2)
(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)
(h)
(Added Pub. L. 95–521, title VI, §601(a), Oct. 26, 1978, 92 Stat. 1869; amended Pub. L. 97–409, §§2(a)(1), 5, Jan. 3, 1983, 96 Stat. 2039, 2041; Pub. L. 100–191, §2, Dec. 15, 1987, 101 Stat. 1297; Pub. L. 103–270, §3(n), June 30, 1994, 108 Stat. 736.)
Amendments1994—Subsec. (f)(1). Pub. L. 103–270, §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, §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, §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, §2(a)(1)(A), substituted “independent counsel” for “special prosecutor” wherever appearing.
Subsecs. (f), (g). Pub. L. 97–409, §5, added subsecs. (f) and (g).
Effective Date of 1994 Amendment; Transition ProvisionsAmendment 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 AmendmentAmendment 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.
1 So in original.
2 So in original. Probably should be preceded by “the”.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.