Page:United States Statutes at Large Volume 101 Part 2.djvu/315

 PUBLIC LAW 100-191—DEC. 15, 1987

101 STAT. 1301

to the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5. "(c) ADDITIONAL PERSONNEL.—For the purposes of carrying out the

duties of an office of independent counsel, such independent counsel may appoint, fix the compensation, and assign the duties of such employees as such independent counsel considers 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 Wages. the maximum rate of pay payable for GS-18 of the General Schedule under section 5332 of title 5. "(d) ASSISTANCE OF DEPARTMENT OF JUSTICE.— "(1) IN CARRYING OUT FUNCTIONS.—An independent

counsel may request assistance from the Department of Justice in carrying out the functions of the independent counsel, and the Department of Justice shall provide that assistance, which may include access to any records, files, or other materials relevant to matters within such independent counsel's prosecutorial jurisdiction, and the use of the resources and personnel necessary to perform such independent counsel's duties. "(2) PAYMENT OF AND REPORTS ON EXPENDITURES OF INDEPEND-

ENT COUNSEL.—The Department of Justice shall pay all costs relating to the establishment and operation of any office of independent counsel. The Attorney General shall submit to the Congress, not later than 30 days after the end of each fiscal year, a report on amounts paid during that fiscal year for expenses of investigations and prosecutions by independent counsel. Each such report shall include a statement of all payments made for activities of independent counsel but may not reveal the identity or prosecutorial jurisdiction of any independent counsel which has not been disclosed under section 593(b)(4). "(e) REFERRAL OF OTHER MATTERS TO AN INDEPENDENT COUNSEL.—

An independent counsel may ask the Attorney General or the division of the court to refer to the independent counsel matters related to the independent counsel's prosecutorial jurisdiction, and the Attorney General or the division of the court, as the case may be, may refer such matters. If the Attorney General refers a matter to an independent counsel on the Attorney General's own initiative, the independent counsel may accept such referral if the matter relates to the independent counsel's prosecutorial jurisdiction. If the Attorney General refers any matter to the independent counsel pursuant to the independent counsel's request, or if the independent counsel accepts a referral made by the Attorney General on the Attorney General's own initiative, the independent counsel shall so notify the division of the court. "(f) COMPLIANCE WITH POLICIES OF THE DEPARTMENT OF JUSTICE.—

An independent counsel shall, except where not possible, comply with the written or other established policies of the Department of Justice respecting enforcement of the criminal laws. "(g) DISMISSAL OF MATTERS.—The independent counsel shall have full authority to dismiss matters within the independent counsel's prosecutorial jurisdiction without conducting an investigation or at any subsequent time before prosecution, if to do so would be consistent with the written or other established policies of the Department of Justice with respect to the enforcement of criminal laws. "(h) REPORTS BY INDEPENDENT COUNSEL.—

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