§ 593. — Duties of the division of the court.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC593]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 40--INDEPENDENT COUNSEL
Sec. 593. Duties of the division of the court
(a) Reference to Division of the Court.--The division of the court
to which this chapter refers is the division established under section
49 of this title.
(b) Appointment and Jurisdiction of Independent Counsel.--
(1) Authority.--Upon receipt of an application under section
592(c), the division of the court shall appoint an appropriate
independent counsel and shall define that independent counsel's
prosecutorial jurisdiction.
(2) Qualifications of independent counsel.--The division of the
court shall appoint as independent counsel an individual who has
appropriate experience and who will conduct the investigation and
any prosecution in a prompt, responsible, and cost-effective manner.
The division of the court shall seek to appoint as independent
counsel an individual who will serve to the extent necessary to
complete the investigation and any prosecution without undue delay.
The division of the court may not appoint as an independent counsel
any person who holds any office of profit or trust under the United
States.
(3) Scope of prosecutorial jurisdiction.--In defining the
independent counsel's prosecutorial jurisdiction, the division of
the court shall assure that the independent counsel has adequate
authority to fully investigate and prosecute the subject matter with
respect to which the Attorney General has requested the appointment
of the independent counsel, and all matters related to that subject
matter. Such jurisdiction shall also include the authority to
investigate and prosecute Federal crimes, other than those
classified as Class B or C misdemeanors or infractions, that may
arise out of the investigation or prosecution of the matter with
respect to which the Attorney General's request was made, including
perjury, obstruction of justice, destruction of evidence, and
intimidation of witnesses.
(4) Disclosure of identity and prosecutorial jurisdiction.--An
independent counsel's identity and prosecutorial jurisdiction
(including any expansion under subsection (c)) may not be made
public except upon the request of the Attorney General or upon a
determination of the division of the court that disclosure of the
identity and prosecutorial jurisdiction of such independent counsel
would be in the best interests of justice. In any event, the
identity and prosecutorial jurisdiction of such independent counsel
shall be made public when any indictment is returned, or any
criminal information is filed, pursuant to the independent counsel's
investigation.
(c) Expansion of Jurisdiction.--
(1) In general.--The division of the court, upon the request of
the Attorney General, may expand the prosecutorial jurisdiction of
an independent counsel, and such expansion may be in lieu of the
appointment of another independent counsel.
(2) Procedure for request by independent counsel.--(A) If the
independent counsel discovers or receives information about possible
violations of criminal law by persons as provided in section 591,
which are not covered by the prosecutorial jurisdiction of the
independent counsel, the independent counsel may submit such
information to the Attorney General. The Attorney General shall then
conduct a preliminary investigation of the information in accordance
with the provisions of section 592, except that such preliminary
investigation shall not exceed 30 days from the date such
information is received. In making the determinations required by
section 592, the Attorney General shall give great weight to any
recommendations of the independent counsel.
(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) Return for Further Explanation.--Upon receipt of a notification
under section 592 or subsection (c)(2)(B) of this section from the
Attorney General that there are no reasonable grounds to believe that
further investigation is warranted with respect to information received
under this chapter, the division of the court shall have no authority to
overrule this determination but may return the matter to the Attorney
General for further explanation of the reasons for such determination.
(e) Vacancies.--If a vacancy in office arises by reason of the
resignation, death, or removal of an independent counsel, the division
of the court shall appoint an independent counsel to complete the work
of the independent counsel whose resignation, death, or removal caused
the vacancy, except that in the case of a vacancy arising by reason of
the removal of an independent counsel, the division of the court may
appoint an acting independent counsel to serve until any judicial review
of such removal is completed.
(f) Attorneys' Fees.--
(1) Award of fees.--Upon the request of an individual who is the
subject of an investigation conducted by an independent counsel
pursuant to this chapter, the division of the court may, if no
indictment is brought against such individual pursuant to that
investigation, award reimbursement for those reasonable attorneys'
fees incurred by that individual during that investigation which
would not have been incurred but for the requirements of this
chapter. The division of the court shall notify the the \1\
independent counsel who conducted the investigation and Attorney \2\
General of any request for attorneys' fees under this subsection.
---------------------------------------------------------------------------
\1\ So in original.
\2\ So in original. Probably should be preceded by ``the''.
---------------------------------------------------------------------------
(2) Evaluation of fees.--The division of the court shall direct
such independent counsel and the Attorney General to file a written
evaluation of any request for attorneys' fees under this subsection,
addressing--
(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) Disclosure of Information.--The division of the court may,
subject to section 594(h)(2), allow the disclosure of any notification,
application, or any other document, material, or memorandum supplied to
the division of the court under this chapter.
(h) Amicus Curiae Briefs.--When presented with significant legal
issues, the division of the court may disclose sufficient information
about the issues to permit the filing of timely amicus curiae briefs.
(Added Pub. L. 95-521, title VI, Sec. 601(a), Oct. 26, 1978, 92 Stat.
1869; amended Pub. L. 97-409, Secs. 2(a)(1), 5, Jan. 3, 1983, 96 Stat.
2039, 2041; Pub. L. 100-191, Sec. 2, Dec. 15, 1987, 101 Stat. 1297; Pub.
L. 103-270, Sec. 3(n), June 30, 1994, 108 Stat. 736.)
Amendments
1994--Subsec. (f)(1). Pub. L. 103-270, Sec. 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, Sec. 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, Sec. 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, Sec. 2(a)(1)(A), substituted
``independent counsel'' for ``special prosecutor'' wherever appearing.
Subsecs. (f), (g). Pub. L. 97-409, Sec. 5, added subsecs. (f) and
(g).
Effective Date of 1994 Amendment; Transition Provisions
Amendment 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 Amendment
Amendment 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.
Section Referred to in Other Sections
This section is referred to in sections 592, 594 of this title;
title 26 section 6103.
