Notes on 28 U.S.C. § 594 : US Code - Notes

Search Notes on 28 U.S.C. § 594 : US Code - Notes

(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), 6(a)-(c), Jan.
3, 1983, 96 Stat. 2039, 2041; Pub. L. 99-514, Sec. 2, Oct. 22,
1986, 100 Stat. 2095; Pub. L. 100-191, Sec. 2, Dec. 15, 1987, 101
Stat. 1300; Pub. L. 103-270, Sec. 3(a)-(f), (m), (o), June 30,
1994, 108 Stat. 732-734, 736; Pub. L. 104-208, div. A, title I,
Sec. 101(a) [title I, Sec. 118], Sept. 30, 1996, 110 Stat. 3009,
3009-23.)
REFERENCES IN TEXT
Section 6103 of the Internal Revenue Code of 1986, referred to in
subsec. (a)(8), is classified to section 6103 of Title 26, Internal
Revenue Code.
The Federal Rules of Criminal Procedure, referred to in subsec.
(k)(1), (3)(B), are set out in the Appendix to Title 18, Crimes and
Criminal Procedure.
The enactment of the Independent Counsel Reauthorization Act of
1987, referred to in subsec. (k)(1), is the enactment of Pub. L.
100-191, which was approved Dec. 15, 1987.
AMENDMENTS
1996 - Subsec. (b)(3)(A). Pub. L. 104-208, Sec. 101(a) [title I,
Sec. 118(a), (b)], in second sentence substituted "for successive 6-
month periods" for "by 6-months" and "independent counsel and the
division of the court certify" for "employee assigned duties under
subsection (l)(1)(A)(iii) certifies".
Subsec. (b)(3)(B). Pub. L. 104-208, Sec. 101(a) [title I, Sec.
118(c)], which directed the amendment of second sentence of subsec.
(b)(3)(A) by striking "such employee" and inserting "the
independent counsel" and "the division of the court", was executed
to introductory provisions of subsec. (b)(3)(B) by substituting
"the independent counsel and the division of the court" for "such
employee" to reflect the probable intent of Congress.
1994 - Subsec. (b). Pub. L. 103-270, Sec. 3(b), designated
existing text as par. (1) and inserted heading, and added pars. (2)
and (3).
Subsec. (c). Pub. L. 103-270, Sec. 3(c), substituted last
sentence for former last sentence which read as follows: "No such
employee may be compensated at a rate exceeding the maximum rate of
pay payable for GS-18 of the General Schedule under section 5332 of
title 5."
Subsec. (d)(1). Pub. L. 103-270, Sec. 3(m), inserted at end "At
the request of an independent counsel, prosecutors, administrative
personnel, and other employees of the Department of Justice may be
detailed to the staff of the independent counsel."
Subsec. (f). Pub. L. 103-270, Sec. 3(e), designated existing
provisions as par. (1) and inserted heading, substituted "shall,
except to the extent that to do so would be inconsistent with the
purposes of this chapter, comply" for "shall, except where not
possible, comply", inserted at end "To determine these policies and
policies under subsection (l)(1)(B), the independent counsel shall,
except to the extent that doing so would be inconsistent with the
purposes of this chapter, consult with the Department of Justice.",
and added par. (2).
Subsec. (h)(1)(B). Pub. L. 103-270, Sec. 3(o), struck out before
period at end ", and the reasons for not prosecuting any matter
within the prosecutorial jurisdiction of such independent counsel".
Subsec. (h)(3). Pub. L. 103-270, Sec. 3(f), added par. (3).
Subsec. (j)(5). Pub. L. 103-270, Sec. 3(d), added par. (5).
Subsec. (l). Pub. L. 103-270, Sec. 3(a), added subsec. (l).
1987 - Pub. L. 100-191 amended section generally, substituting
subsecs. (a) to (k) for former subsecs. (a) to (g) which related to
similar subject matter.
1986 - Subsec. (a)(8). Pub. L. 99-514 substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954".
1983 - Pub. L. 97-409, Sec. 2(a)(1)(A), substituted "independent
counsel" for "special prosecutor" in section catchline.
Subsec. (a). Pub. L. 97-409, Sec. 2(a)(1), substituted
"independent counsel" for "special prosecutor" wherever appearing
and "independent counsel's" for "special prosecutor's".
Subsec. (a)(10). Pub. L. 97-409, Sec. 6(a), added par. (10).
Subsecs. (b), (c). Pub. L. 97-409, Sec. 2(a)(1)(A), substituted
"independent counsel" for "special prosecutor" wherever appearing.
Subsecs. (d), (e). Pub. L. 97-409, Sec. 2(a)(1), substituted
"independent counsel" for "special prosecutor" and "independent
counsel's" for "special prosecutor's" wherever appearing.
Subsec. (f). Pub. L. 97-409, Secs. 2(a)(1)(A), 6(b), substituted
"independent counsel" for "special prosecutor", "except where not
possible" for "to the extent that such special prosecutor deems
appropriate", and "written or other established policies" for
"written policies".
Subsec. (g). Pub. L. 97-409, Sec. 6(c), added subsec. (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,
with transition provisions relating to assignment of employee to
certify expenditures and relating to office space, travel and
subsistence expenses, rates of compensation, and reporting
requirements established or modified by Pub. L. 103-270, see
section 7(a)-(e), (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 the following
provisions applicable to previously initiated proceedings pending
on Dec. 15, 1987: subsec. (d)(2) (relating to reports by Attorney
General on expenditures by independent counsel, except that the
first such report shall be made only with respect to expenditures
on or after Dec. 15, 1987), subsec. (h)(1)(A) except that the 6-
month periods described in subsec. (h)(1)(A) of this section shall
be calculated from Dec. 15, 1987, subsec. (i), subsec. (k) of this
section, and 90 days after Dec. 15, 1987, subsec. (j), see section
6 of Pub. L. 100-191, set out as a note under section 591 of this
title.