Page:United States Statutes at Large Volume 101 Part 2.djvu/310

 101 STAT. 1296

PUBLIC LAW 100-191—DEC. 15, 1987

"(b) DETERMINATION THAT FURTHER INVESTIGATION NOT WARRANTED.— "(1) NOTIFICATION OF DIVISION OF THE COURT.—If the Attorney

General, upon completion of a preliminary investigation under this chapter, determines that there are no reasonable grounds to believe that further investigation is warranted, the Attorney General shall promptly so notify the division of the court, and the division of the court shall have no power to appoint an independent counsel with respect to the matters involved. "(2) FORM OF NOTIFICATION.—Such notification shall contain a

summary of the information received and a summary of the results of the preliminary investigation. "(c) DETERMINATION THAT FURTHER INVESTIGATION IS WARRANTED.— "(1) APPLICATION FOR APPOINTMENT OF INDEPENDENT COUN-

SEL.—The Attorney General shall apply to the division of the court for the appointment of an independent counsel if— "(A) the Attorney General, upon completion of a prelimi.%&:.:.iy] -i. Mim- nary investigation under this chapter, determines that there are reasonable grounds to believe that further investigation is warranted; or "(B) the 90-day period referred to in subsection (a)(1), and any extension granted under subsection (a)(3), have elapsed and the Attorney General has not filed a notification with the division of the court under subsection (b)(D. In determining under this chapter whether reasonable grounds exist to warrant further investigation, the Attorney General shall comply with the written or other established policies of the Department of Justice with respect to the conduct of criminal investigations. "(2) RECEIPT OF ADDITIONAL INFORMATION.—If, after submitting a notification under subsection (b)(D, the Attorney General receives additional information sufficient to constitute grounds to investigate the matters to which such notification related, the Attorney General shall— • fir "(A) conduct such additional preliminary investigation as the Attorney General considers appropriate for a period of al not more than 90 days after the date on which such addi•BM tional information is received; and fiffifi "(B) otherwise comply with the provisions of this section with respect to such additional preliminary investigation to the same extent as any other preliminary investigation under this section. "(d) CIONTENTS OF APPLICATION.—Any application for the appointment of an independent counsel under this chapter shall contain sufficient information to assist the division of the court in selecting an independent counsel and in defining that independent counsel's prosecutorial jurisdiction so that the independent counsel has adequate authority to fully investigate and prosecute the subject matter and all matters related to that subject matter. "(e) DISCLOSURE OF INFORMATION.—Except as otherwise provided

in this chapter, no officer or employee of the Department of Justice or an office of independent counsel may, without leave of the division of the court, disclose to any individual outside the Department of Justice or such office any notification, application, or any other document, materials, or memorandum supplied to the division of the court under this chapter. Nothing in this chapter shall be

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