§592 Preliminary Investigation and Application for Appointment of an Independent Counsel

1994—Subsec. (e). Pub. L. 103–270 inserted “or as is deemed necessary for law

purposes” after “Except as otherwise provided in this chapter”. 1987—Pub. L. 100–191 amended section generally, substituting provisions relating to preliminary investigation and application for appointment of an independent counsel for provisions relating to application for appointment of an independent counsel. 1983—Subsec. (a). Pub. L. 97–409, § 4(b), designated existing provisions as par. (1), substituted, “Upon receiving information that the Attorney General determines is sufficient to constitute grounds to investigate that any person covered by the Act has engaged in conduct described in subsection (a) or (c) of section 591 of this title, the Attorney General” for “The Attorney General, upon receiving specific information that any of the persons described in section 591(b) of this title has engaged in conduct described in section 591(a) of this title,”, inserted “In determining whether grounds to investigate exist, the Attorney General shall consider—(A) the degree of specificity of the information received, and (B) the credibility of the source of the information.”, and added par. (2). Subsec. (b)(1). Pub. L. 97–409, §§ 2(a)(1)(A), 4(c), substituted “that there are no reasonable grounds to believe that further investigation or prosecution is warranted” for “that the matter is so unsubstantiated that no further investigation or prosecution is warranted” and substituted “independent counsel” for “special prosecutor”. Subsec. (c)(1). Pub. L. 97–409, §§ 2(a)(1)(A), 4(d), substituted “finds reasonable grounds to believe that further investigation or prosecution is warranted” for “finds the matter warrants further investigation or prosecution” after “preliminary investigation”, “that there are no reasonable grounds to believe that further investigation or prosecution is warranted” for “that the matter is so unsubstantiated as not to warrant further investigation or prosecution”, and “independent counsel” for “special prosecutor”, and inserted provision that in determining whether reasonable grounds exist to warrant further investigation or prosecution, the Attorney General shall comply with written or other established policies of the Department of Justice with respect to the

of criminal laws. Subsec. (c)(2). Pub. L. 97–409, § 2(a)(1)(A), substituted “independent counsel” for “special prosecutor” in provisions following subpar. (B). Subsec. (c)(2)(A). Pub. L. 97–409, § 4(e)(1), substituted “information sufficient to constitute grounds to investigate” for “specific information” after “receives additional”. Subsec. (c)(2)(B). Pub. L. 97–409, § 4(e)(2), substituted “reasonable grounds exist to warrant” for “such information warrants” after “appropriate, that”. Subsecs. (d)(1), (e), (f). Pub. L. 97–409, § 2(a)(1), substituted “independent counsel” for “special prosecutor” and “independent counsel’s” for “special prosecutor’s” wherever appearing.

of 1994 AmendmentAmendment by Pub. L. 103–270 applicable with respect to independent counsels appointed before, on, or after June 30, 1994, see section 7(a) of Pub. L. 103–270, set out as an

of 1994 Amendment; Transition Provisions note under section 591 of this title.

of 1987 AmendmentAmendment by Pub. L. 100–191 effective Dec. 15, 1987, and applicable to proceedings initiated and independent counsels appointed on and after Dec. 15, 1987, see section 6 of Pub. L. 100–191, set out as a note under section 591 of this title.