Page:United States Statutes at Large Volume 101 Part 2.djvu/314

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PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1300

PUBLIC LAW 100-191—DEC. 15, 1987

application, or any other document, material, or memorandum supplied to the division of the court under this chapter. "(h) AMICUS CURIAE BRIEFS.—When presented with significant legal issues, the division of the court may disclose sufficient information about the issues to permit the filing of timely amicus curiae briefs. 28 USC 594.

Defense and national security.

Wages.

"§ 594. Authority and duties of an independent counsel "(a) AUTHORITIES.—Notwithstanding any other provision of law, an independent counsel appointed under this chapter shall have, with respect to all matters in such independent counsel's 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. 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 considers necessary;

"(3) appealing any decision of a court in any case or proceedr' ing 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 privilege; "(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 x 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, exercising the authority vested in a United States attorney 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 f, regulations, and, for purposes of section 6103 of the Internal Revenue Code of 1986 and the regulations issued thereunder, exercising the powers vested in a United States attorney or the Attorney General; "(9) initiating and conducting prosecutions in any court of competent jurisdiction, framing and signing indictments, filing informations, and handling all aspects of any case, in the name of the United States; and "(10) consulting with the United States attorney for the district in which any violation of law with respect to which the independent counsel is appointed was alleged to have occurred. "(b) COMPENSATION.—An independent counsel appointed under this chapter shall receive compensation at the per diem rate equal