§ 591. — Applicability of provisions of this chapter.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC591]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 40--INDEPENDENT COUNSEL
Sec. 591. Applicability of provisions of this chapter
(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.
(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.)
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.''
Section Referred to in Other Sections
This section is referred to in sections 592, 593 of this title.
