Page:United States Statutes at Large Volume 92 Part 2.djvu/588

 92 STAT. 1868

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28 USC 592. Preliminary investigation.

Notification.

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PUBLIC LAW 95-521—OCT. 26, 1978 "(b) The persons referred to in subsection (a) of this section are— "(1) the President and Vice President; I) in "(21 any individual serving - a position listed in section 5312 of title 5; "(3) any individual working in the Executive Office of the President and compensated at a rate not less than the annual rate of basic pay provided for level IV of the Executive Schedule under section 5315 of title 5; "(4) any individual working in the Department of Justice and compensated at a rate not less than the annual rate of basic pay provided for level III of the Executive Schedule under section 5314 of title 5, any Assistant Attorney General, the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue; " (5) any individual who held any office or position described in any of paragraphs (1) through (4) of this subsection during the incumbency of the President or during the period the last preceding President held office, if such preceding President was of the same political party as the incumbent President; and "(6) any officer of the principal national campaign committee seeking the election or reelection of the President. "§ 592. Application for appointment of a special prosecutor "(a) The Attorney General, upon receiving specific information that any of the persons described in section 591(b) of this title has engaged in conduct described in section 591(a) of this title, shall conduct, for a period not to exceed ninety days, such preliminary investigation of the matter as the Attorney General deems appropriate. "(b)(1) If the Attorney General, upon completion of the preliminaiT investigation, finds that the matter is so unsubstantiated that no further investigation or prosecution is warranted, the Attorney General shall so notify the division of the court specified in section 593(a) of this title, and the division of the court shall have no power to appoint a special prosecutor. "(2) Such notification shall be by memorandum containing a summary of the information received and a summary of the results of any preliminary investigation. "(3) Such memorandum shall not be revealed to any individual outside the division of the court or the Department of Justice without leave of the division of the court. "(c)(1) If the Attorney General, upon completion of the preliminary investigation, finds that the matter warrants further investigation or prosecution, or if ninety days elapse from the receipt of the information without a determination by the Attorney General that the matter is so unsubstantiated as not to warrant further investigation or prosecution, then the Attorney General shall apply to the division of the court for the appointment of a special prosecutor. "(2)If— " (A) after the filing of a memorandum under subsection (b) of this section, the Attorney General receives additional specific information about the matter to which such memorandum related, and " (B) the Attorney General determines, after such additional investigation as the Attorney General deems appropriate, that such information warrants further investigation or prosecution, then the Attorney General shall, not later than ninety days after

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