Page:United States Statutes at Large Volume 101 Part 2.djvu/317

 PUBLIC LAW 100-191—DEC. 15, 1987

101 STAT. 1303

person, as the case may be, represent any person in any matter if that individual was the subject of an investigation or prosecution under this chapter that was conducted by that independent counsel. "(B) Each independent counsel and each person appointed by that independent counsel under subsection (c) may not, for 1 year following the termination of the service under this chapter of that independent counsel or appointed person, as the case may be, represent any person in any matter involving any investigation or prosecution under this chapter. "(3) ONE-YEAR BAN ON REPRESENTATION BY MEMBERS OF FIRMS OF INDEPENDENT COUNSEL.—Any person who is associated with a

firm with which an independent counsel is associated or becomes associated after termination of the service of that independent counsel under this chapter may not, for 1 year following such termination, represent any person in any matter involving any investigation or prosecution under this chapter, "(4) DEFINITIONS.—For purposes of this subsection— ,,, "(A) the term 'firm' means a law firm whether organized as a partnership or corporation; and "(B) a person is 'associated' with a firm if that person is an officer, director, partner, or other member or employee of that firm.

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"(k) CUSTODY OF RECORDS OF AN INDEPENDENT COUNSEL.— "(1) TRANSFER OF RECORDS.—Upon termination of the office of

an independent counsel, that independent counsel shall transfer to the Archivist of the United States all records which have been created or received by that office. Before this transfer, the Defense and independent counsel shall clearly identify which of these national records are subject to rule 6(e) of the Federal Rules of Criminal security. Procedure as grand jury materials and which of these records have been classified as national security information. Any records which were compiled by an independent counsel and, upon termination of the independent counsel's office, were stored with the division of the court or elsewhere before the enactment of the Independent Counsel Reauthorization Act of 1987, shall also be transferred to the Archivist of the United States by the division of the court or the person in possession of such records. "(2) MAINTENANCE, USE, AND DISPOSAL OF RECORDS.—Records

transferred to the Archivist under this chapter shall be maintained, used, and disposed of in accordance with chapters 21, 29, and 33 of title 44. "(3) ACCESS TO RECORDS.—

"(A) IN GENERAL.—Subject to paragraph (4), access to the records transferred to the Archivist under this chapter shall be governed by section 552 of title 5. "(B) ACCESS BY DEPARTMENT OF JUSTICE.—The Archivist

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shall, upon written application by the Attorney General, disclose any such records to the Department of Justice for purposes of an ongoing law enforcement investigation or court proceeding, except that, in the case of grand jury materials, such records shall be so disclosed only by order of the court of jurisdiction under rule 6(e) of the Federal Rules of Criminal Procedure. "(C) EXCEPTION.—Notwithstanding any restriction on access imposed by law, the Archivist and persons employed



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