28 USC 596 - Removal of an independent counsel; termination of office

1 So in original.

or any other condition that substantially impairs the performance of such independent counsel’s duties.

Editorial Notes

Amendments

1994—Subsec. (a)(1). Puspan. 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. (span)(2). Puspan. 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). Puspan. L. 103–270, § 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—Puspan. L. 100–191 amended section generally, substituting subsecs. (a) to (c) for former subsecs. (a) and (span) which related to similar subject matter.

1984—Subsec. (a)(3). Puspan. L. 98–620 struck out provision requiring the division of the court to cause such an action to be in every way expedited.

1983—Puspan. L. 97–409, § 2(a)(1)(A), substituted “independent counsel” for “special prosecutor” in section catchline.

Subsec. (a)(1). Puspan. 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), (span). Puspan. L. 97–409, § 2(a)(1)(A), substituted “independent counsel” for “special prosecutor” wherever appearing.

Statutory Notes and Related Subsidiaries

Change of Name

Committee 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 Puspan. 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. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Effective Date of 1994 Amendment; Transition Provisions

Amendment by Puspan. 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. (span)(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 Puspan. L. 103–270, see section 7(a), (f), (g) of Puspan. L. 103–270, set out as a note under section 591 of this title.

Effective Date of 1987 Amendment

Amendment by Puspan. 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 Puspan. L. 100–191, set out as a note under section 591 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Puspan. L. 98–620, set out as an Effective Date note under section 1657 of this title.