2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part II - DEPARTMENT OF JUSTICE (§§ 501 - 599B)
Chapter 40 - INDEPENDENT COUNSEL (§§ 591 - 599)
Section 596 - Removal of an independent counsel; termination of office
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. 596 - Removal of an independent counsel; termination of office |
Contains | section 596 |
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. 1872; amended Pub. L. 97-409, §§2(a)(1), 6(d), Jan. 3, 1983, 96 Stat. 2039, 2042; Pub. L. 98-620, title IV, §402(29)(A), Nov. 8, 1984, 98 Stat. 3359; Pub. L. 100-191, §2, Dec. 15, 1987, 101 Stat. 1304; Pub. L. 103-270, §§3(h), (i), 5, June 30, 1994, 108 Stat. 735, 737. |
Statutes at Large References | 92 Stat. 1872 96 Stat. 2039 98 Stat. 3359 101 Stat. 1304 108 Stat. 735 |
Public Law References | Public Law 95-521, Public Law 97-409, Public Law 98-620, Public Law 100-191, Public Law 103-270, Public Law 104-14 |
Congressional Bill References | Unknown Value5 106th Congress, Unknown Value445 108th Congress, Unknown Value6 110th Congress |
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(a)
(1)
(2)
(3)
(b)
(1)
(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)
(c)
(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.
(Added Pub. L. 95–521, title VI, §601(a), Oct. 26, 1978, 92 Stat. 1872; amended Pub. L. 97–409, §§2(a)(1), 6(d), Jan. 3, 1983, 96 Stat. 2039, 2042; Pub. L. 98–620, title IV, §402(29)(A), Nov. 8, 1984, 98 Stat. 3359; Pub. L. 100–191, §2, Dec. 15, 1987, 101 Stat. 1304; Pub. L. 103–270, §§3(h), (i), 5, June 30, 1994, 108 Stat. 735, 737.)
Amendments1994—Subsec. (a)(1). Pub. L. 103–270, §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, §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, §3(i), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “
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, §2(a)(1)(A), substituted “independent counsel” for “special prosecutor” in section catchline.
Subsec. (a)(1). Pub. L. 97–409, §§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, §2(a)(1)(A), substituted “independent counsel” for “special prosecutor” wherever appearing.
Change of NameCommittee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
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. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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 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 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 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 AmendmentAmendment 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.
1 So in original.
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