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shall ask the U.S. Attorney in the dis- rector, the Warden or Regional Directrict in which the inmate was sen- tor shall provide the inmate with a tenced to move the sentencing court written notice and statement of reaon behalf of the Bureau of Prisons to sons for the denial. The inmate may reduce the minimum term of the in- appeal the denial through the Adminmate's sentence to time served.

istrative Remedy Procedure (part 542, (b) Upon receipt of notice that the

subpart B). sentencing court has entered an order

(b) When an inmate's request for granting the motion under 18 U.S.C.

consideration under 18 U.S.C. 4205(g) 4205(g), the Warden of the institution

is denied by the General Counsel, the where the inmate is confined shall

General Counsel shall provide the

inmate with a written notice and stateschedule the inmate for hearing on

ment of reasons for the denial. This the earliest Parole Commission docket. (c) In event of medical emergency

denial constitutes a final administra

tive decision. certified by the physician of the insti

(c) When the Director, Bureau of tution where the inmate is confined,

Prisons, denies an inmate's request, or in the event of prison overcrowding,

the Director shall provide the inmate staff shall expedite the request at all

with a written notice and statement of levels.

reasons within 20 workdays after re

ceipt of the referral from the Office of $572.44 Denial of request.

General Counsel. A denial by the Di(a) When an inmate's request is rector constitutes a final administradenied by the Warden or Regional Di- tive decision.

CHAPTER VI-OFFICES OF INDEPENDENT

COUNSEL, DEPARTMENT OF JUSTICE

Part 600 601

Page 516

General powers of Independent Counsel .........
Jurisdiction of the Independent Counsel: Iran/

Contra ....
Jurisdiction of the Independent Counsel: In re

Franklyn C. Nofziger ........

518

602

519

PART 600-GENERAL POWERS OF

INDEPENDENT COUNSEL

Sec. 600.1 Authority and duties of an Independ

ent Counsel. 600.2 Reporting and congressional over

sight. 600.3 Removal of an Independent Counsel;

termination of office. 600.4 Relationship with components of the

Department of Justice. 600.5 Savings provision; severability.

AUTHORITY: 28 U.S.C. 509, 510, and 515; 5 U.S.C. 301; Article II of the U.S. Constitution.

SOURCE: 52 FR 7271, Mar. 10, 1987, unless otherwise noted.

8 600.1 Authority and duties of an Inde

pendent Counsel. (a) An Office of Independent Counsel shall be under the direction of an Independent Counsel appointed by the Attorney General. An Independent Counsel shall have, with respect to all matters in his prosecutorial jurisdiction established under this chapter, full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Department of Justice, the Attorney General, and any other officer or employee of the Department of Justice, except that the Attorney General shall exercise direction or control as to those matters that specifically require the Attorney General's personal action under section 2516 of title 18 of the U.S. Code. Such investigative and prosecutorial functions and powers shall include

(1) Conducting proceedings before grand juries and other investigations;

(2) Participating in court proceedings and engaging in any litigation, including civil and criminal matters, that such Independent Counsel deems necessary;

(3) Appealing any decision of a court in any case or proceeding in which such Independent Counsel participates in an official capacity;

(4) Reviewing all documentary evidence available from any source;

(5) Determining whether to contest the assertion of any testimonial privi. lege;

(6) Receiving appropriate national security clearances and, if necessary,

contesting in court (including, where appropriate, participating in in camera proceedings) any claim of privilege or attempt to withhold evidence on grounds of national security;

(7) Making applications to any Federal court for a grant of immunity to any witness, consistent with applicable statutory requirements, or for warrants, subpoenas, or other court orders, and, for purposes of sections 6003, 6004, and 6005 of title 18 of the U.S. Code, exercising the authority vested in a United States or the Attorney General;

(8) Inspecting, obtaining, or using the original or a copy of any tax return, in accordance with the applicable statutes and regulations, and, for purposes of section 6103 of the Internal Revenue Code of 1954, and the regulations issued thereunder, exercising the powers vested in a U.S. Attorney or the Attorney General; and

(9) Initiating and conducting prosecutions in any court of competent jurisdiction, framing and signing indictments, filing information, and handling all aspects of any case in the name of the United States; and

(10) Consulting with the U.S. Attorney for the district in which the violation was alleged to have occurred.

(b) An Independent Counsel appointed under this chapter shall receive compensation at a per diem rate equal to the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5 of the U.S. Code. This subsection shall not be construed to authorize the payment of any compensation in addition to that paid under subsection (b) of section 594 of title 28 of the U.S. Code.

(c) For the purposes of carrying out the duties of the Office of Independent Counsel, an Independent Counsel shall have power to appoint, fix the compensation, and assign the duties, of such employees as the Independent Counsel deems necessary (including investigators, attorneys, and part-time consultants). The positions of all such employees are exempted from the competitive service. No such employee may be compensated at a rate exceeding the maximum rate provided for GS-18 of the General Schedule under section 5332 of title 5 of the U.S. Code.

This subsection shall not be construed mation as the Independent Counsel to authorize the payment of any com- deems appropriate. pensation in addition to that paid (b)(1) In addition to any reports under subsection (c) of section 594 of made under paragraph (a) of this sectitle 28 of the U.S. Code.

tion, and before the termination of (d) An Independent Counsel may re- the Independent Counsel's office quest assistance from the Department under this chapter, such Independent of Justice, and the Department of Jus- Counsel shall submit to the division of tice shall provide that assistance, the U.S. Court of Appeals for the Diswhich may include access to any trict of Columbia referred to in section records, files, or other materials rele- 49 of title 28 of the U.S. Code, if such vant to matters within the Independ- court exists at that time, a report ent Counsel's prosecutorial jurisdic- under this section. tion, and the use of the resources and (2) A report under this subsection personnel necessary to perform the In- shall set forth fully and completely a dependent Counsel's duties.

description of the work of the Inde(e) An Independent Counsel may ask pendent Counsel, including the dispothe Attorney General to refer matters sition of all cases brought, and the related to the Independent Counsel's reasons for

not

prosecuting any prosecutorial jurisdiction. An Inde- matter within the prosecutorial jurispendent Counsel may accept referral diction of the Independent Counsel of a matter by the Attorney General, which was not prosecuted. if the matter relates to a matter (3) Unless prohibited by applicable within the Independent Counsel's law, an Independent Counsel may reprosecutorial jurisdiction as estab- lease to the Congress, the public, or to lished by this chapter. If such a refer- any appropriate person, such portions ral is accepted, an Independent Coun- of a report made under this subsection sel shall notify the division of the U.S. as he deems appropriate. Court of Appeals for the District of

(c) An Independent Counsel shall Columbia referred to in section 49 of advise the House of Representatives of title 28 of the U.S. Code, if such court any substantial and credible informaexists at that time.

tion which such Independent Counsel (f) An Independent Counsel shall, receives that may constitute grounds except where not possible, comply for an impeachment. Nothing in this with the written or other established chapter shall prevent the Congress or policies of the Department of Justice either House thereof from obtaining respecting enforcement of the crimi. information in the course of an imnal laws.

peachment proceeding. (g) An Independent Counsel shall (d) Nothing in this chapter shall prehave full authority to dismiss matters vent the appropriate committees of within his prosecutorial jurisdiction the Congress from exercising overwithout conducting an investigation or sight jurisdiction with respect to the at any subsequent time prior to pros- official conduct of any Independent ecution if to do so would be consistent Counsel appointed under this chapter, with the written or other established and such Independent Counsel shall policies of the Department of Justice have the duty to cooperate with the with respect to the enforcement of exercise of such oversight jurisdiction. criminal laws.

$ 600.3 Removal of an Independent Coun8 600.2 Reporting and congressional over- sel; termination of office. sight.

(a)(1) An Independent Counsel ap(a) An Independent Counsel ap- pointed under this chapter may be repointed under this chapter may make moved from office, other than by impublic from time to time, and shall peachment and conviction, only by the send to the Congress statements or re- personal action of the Attorney Genports on the activities of the Inde- eral and only for good cause, physical pendent Counsel. These statements disability, mental incapacity, or any and reports shall contain such infor- other condition that substantially im

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