Independent Counsel Law, 1978

From United States Statutes at Large. Volume 92, part 2. Washington, D.C.: Government Printing Office, 1980. 1824, 1867-1873.

An Act

To establish certain Federal agencies, . . . to implement certain reforms in the operation of the Federal Government and to preserve and promote the integrity of public officials and institutions. . . .

TITLE VI--AMENDMENTS TO TITLE 28, UNITED STATES CODE

Special Prosecutor

Sec. 601. (a) Title 28 of the United States Code is amended by inserting immediately after chapter 37 the following new chapter:

"Chapter 39.--Special Prosecutor . . . .

Sec. 591. Applicability of provisions of this chapter

"(a) The Attorney General shall conduct an investigation pursuant to the provisions of this chapter whenever the Attorney General receives specific information that any of the persons described in subsection (b) of this section has committed a violation of any Federal criminal law other than a violation constituting a petty offense.

"(b) The persons referred to in subsection (a) of this section are--
"(1) the President and Vice president; . . .
"(3) any individual working in the Executive Office of the President and compensated at a rate not less than the annual rate of basic pay provided for level III of the Executive Schedule. . . , any Assistant Attorney General, the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue; . . . .
"(6) any officer of the principal national campaign committee seeking the election or reelection of the President.

Sec. 592. Application for appointment of a special prosecutor

"(a) 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, shall conduct, for a period not to exceed ninety days, such preliminary investigation of the matter as the Attorney General deems appropriate.

"(b) (1) If the Attorney General, upon completion of the preliminary investigation, finds that the matter is so unsubstantiated that no further investigation or prosecution is warranted, the Attorney General shall so notify the division of the court specified in section 593 (a) of this title, and the division of the court shall have no power to appoint a special prosecutor. . . .

"(c) (1) If the Attorney General, upon completion of the preliminary investigation, finds that the matter warrants further investigation or prosecution, of if ninety days elapse from the receipt of the informations without a determination by the Attorney General that the matter is so unsubstantiated as not to warrant further investigation or prosecution, then the Attorney General shall apply to the division of the court for appointment of a special prosecutor. . . .

Sec. 593. Duties of the division of the court . . . .

"(b) Upon receipt of an application under section 592 (c) of this title, the division of the court shall appoint an appropriate special prosecutor and shall define that special prosecutor's prosecutorial jurisdiciton. . . . "(c) The division of the court, upon request of the Attorney General which may be incorporated in an application under this chapter, may expand the prosecutorial jurisdiciton of an existing special prosecutor, and such expansion may be in lieu of the appointment of an additional special prosecutor. . . .

Sec. 594. Authority and duties of a special prosecutor

"(a) Notwithstanding any other provision of law, a special prosecutor appointed under this chapter shall have . . . 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. . . . 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 special prosecutor deems necessary; . . .
"(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. . . .

Sec. 595. Reporting and congressional oversight

"(a) A special prosecutor appointed under this chapter may make public from time to time, and shall send to Congress statements of reports on the activities of such special prosecutor. These statements and reports shall contain such information as such special prosecutor deems appropriate.

"(b) (1) In addition to any reports made under subsection (a) of this section, and before the termination of a special prosecutor's office under section 596 (b) of this title, such special prosecutor shall submit to the division of the court a report under this subsection.

"(2) A report under this subsection shall set forth fully and completely a description of the work of the special prosecutor, including the disposition of all cases brought, and the reasons for not prosecuting any matter within the prosecutorial jurisdiction of such special prosecutor which was not prosecuted. . . .

"(c) A special prosecutor shall advise the House of Representatives of any substantial and credible information which such special prosecutor receives that may constitute grounds for an impeachment. Nothing in this chapter . . . shall prevent the Congress or either House thereof from obtaining information in the course of an impeachment proceeding. . . .

Sec. 596. Removal of a special prosecutor; termination of office "(a) (1) A special prosecutor 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 extraordinary impropriety, physical disability, mental incapacity, or any other condition that substantially impairs the performance of such special prosecutor's duties. . . .

Sec. 597. Relationship with Department of Justice

"(a) Whenever a matter is in the prosecutorial jurisdiction of a special prosecutor or has been accepted by a special prosecutor under section 594 (e) of this title, 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 exten required by section 594 (d) of this title, and except insofar as such special prosecutor agrees in writing that such investigation or proceedings may be continued by the Department of Justice.