2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part II - DEPARTMENT OF JUSTICE (§§ 501 - 599B)
Chapter 40 - INDEPENDENT COUNSEL (§§ 591 - 599)
Section 594 - Authority and duties of an independent counsel
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. 594 - Authority and duties of an independent counsel |
Contains | section 594 |
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), 6(a)-(c), Jan. 3, 1983, 96 Stat. 2039, 2041; Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-191, §2, Dec. 15, 1987, 101 Stat. 1300; Pub. L. 103-270, §3(a)-(f), (m), (o), June 30, 1994, 108 Stat. 732-734, 736; Pub. L. 104-208, div. A, title I, §101(a) [title I, §118], Sept. 30, 1996, 110 Stat. 3009, 3009-23. |
Statutes at Large References | 92 Stat. 1869 96 Stat. 2039 100 Stat. 2095 101 Stat. 1300 108 Stat. 732-734 110 Stat. 3009 |
Public Law References | Public Law 95-521, Public Law 97-409, Public Law 99-514, Public Law 100-191, Public Law 103-270, Public Law 104-208 |
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(a)
(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)
(1)
(2)
(3)
(A)
(B)
(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)
(d)
(1)
(2)
(e)
(f)
(1)
(2)
(g)
(h)
(1)
(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)
(3)
(i)
(j)
(1)
(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)
(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)
(4)
(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)
(k)
(1)
(2)
(3)
(A)
(B)
(C)
(4)
(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)
(A)
(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)
(C)
(2)
(3)
(Added Pub. L. 95–521, title VI, §601(a), Oct. 26, 1978, 92 Stat. 1869; amended Pub. L. 97–409, §§2(a)(1), 6(a)–(c), Jan. 3, 1983, 96 Stat. 2039, 2041; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–191, §2, Dec. 15, 1987, 101 Stat. 1300; Pub. L. 103–270, §3(a)–(f), (m), (o), June 30, 1994, 108 Stat. 732–734, 736; Pub. L. 104–208, div. A, title I, §101(a) [title I, §118], Sept. 30, 1996, 110 Stat. 3009, 3009–23.)
References in TextSection 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.
Amendments1996—Subsec. (b)(3)(A). Pub. L. 104–208, §101(a) [title I, §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, §101(a) [title I, §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, §3(b), designated existing text as par. (1) and inserted heading, and added pars. (2) and (3).
Subsec. (c). Pub. L. 103–270, §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, §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, §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, §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, §3(f), added par. (3).
Subsec. (j)(5). Pub. L. 103–270, §3(d), added par. (5).
Subsec. (l). Pub. L. 103–270, §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, §2(a)(1)(A), substituted “independent counsel” for “special prosecutor” in section catchline.
Subsec. (a). Pub. L. 97–409, §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, §6(a), added par. (10).
Subsecs. (b), (c). Pub. L. 97–409, §2(a)(1)(A), substituted “independent counsel” for “special prosecutor” wherever appearing.
Subsecs. (d), (e). Pub. L. 97–409, §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, §§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, §6(c), added subsec. (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, 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 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 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.
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