§ 596. — Removal of an independent counsel; termination of office.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC596]
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
(a) Removal; Report on Removal.--
(1) Grounds for removal.--An independent counsel 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 good cause, physical or mental disability (if not
prohibited by law protecting persons from discrimination on the
basis of such a disability),,\1\ or any other condition that
substantially impairs the performance of such independent counsel's
duties.
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\1\ So in original.
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(2) Report to division of the court and congress.--If an
independent counsel is removed from office, the Attorney General
shall promptly submit to the division of the court and the
Committees on the Judiciary of the Senate and the House of
Representatives a report specifying the facts found and the ultimate
grounds for such removal. The committees shall make available to the
public such report, except that each committee may, if necessary to
protect the rights of any individual named in the report or to
prevent undue interference with any pending prosecution, postpone or
refrain from publishing any or all of the report. The division of
the court may release any or all of such report in accordance with
section 594(h)(2).
(3) Judicial review of removal.--An independent counsel removed
from office may obtain judicial review of the removal in a civil
action commenced in the United States District Court for the
District of Columbia. A member of the division of the court may not
hear or determine any such civil action or any appeal of a decision
in any such civil action. The independent counsel may be reinstated
or granted other appropriate relief by order of the court.
(b) Termination of Office.--
(1) Termination by action of independent counsel.--An office of
independent counsel shall terminate when--
(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) Termination by division of the court.--The division of the
court, either on its own motion or upon the request of the Attorney
General, may terminate an office of independent counsel at any time,
on the ground 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. At the time of such
termination, the independent counsel shall file the final report
required by section 594(h)(1)(B). 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.
(c) Audits.--(1) On or before June 30 of each year, an independent
counsel shall prepare a statement of expenditures for the 6 months that
ended on the immediately preceding March 31. On or before December 31 of
each year, an independent counsel shall prepare a statement of
expenditures for the fiscal year that ended on the immediately preceding
September 30. An independent counsel whose office is terminated prior to
the end of the fiscal year shall prepare a statement of expenditures on
or before the date that is 90 days after the date on which the office is
terminated.
(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, Sec. 601(a), Oct. 26, 1978, 92 Stat.
1872; amended Pub. L. 97-409, Secs. 2(a)(1), 6(d), Jan. 3, 1983, 96
Stat. 2039, 2042; Pub. L. 98-620, title IV, Sec. 402(29)(A), Nov. 8,
1984, 98 Stat. 3359; Pub. L. 100-191, Sec. 2, Dec. 15, 1987, 101 Stat.
1304; Pub. L. 103-270, Secs. 3(h), (i), 5, June 30, 1994, 108 Stat. 735,
737.)
Amendments
1994--Subsec. (a)(1). Pub. L. 103-270, Sec. 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, Sec. 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, Sec. 3(i), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``Audits.--
After the termination of the office of an independent counsel, the
Comptroller General shall conduct an audit of the expenditures of that
office, and shall submit to the appropriate committees of the Congress a
report on the audit.''
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, Sec. 2(a)(1)(A), substituted ``independent
counsel'' for ``special prosecutor'' in section catchline.
Subsec. (a)(1). Pub. L. 97-409, Secs. 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, Sec. 2(a)(1)(A),
substituted ``independent counsel'' for ``special prosecutor'' wherever
appearing.
Change of Name
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.
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, 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 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 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 Amendment
Amendment 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.
Section Referred to in Other Sections
This section is referred to in section 594 of this title.
