Page:United States Statutes at Large Volume 92 Part 2.djvu/590

 92 STAT. 1870

Compensation.

Employees, appointment.

Compensation.

Assistance.

PUBLIC LAW 95-521—OCT. 26, 1978 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 special prosecutor deems necessary; " (3) appealing any decision of a court in any case or proceeding in which such special prosecutor 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 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, subpenas, 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, m accordance with the applicable statutes and regulations, and, for purposes of section 6103 of the Internal Revenue Code of 1954, and the regulations issued thereunder, exercising the powers vested in a United States attorney or the Attorney General; and "(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. "(b) A special prosecutor appointed under this chapter shall receive compensation at a per diem rate equal to the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5. "(c) For the purposes of carrying out the duties of the office of special prosecutor, a special prosecutor shall have power to appoint, fix the compensation, and assign the duties, of such employees as such special prosecutor deems 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 the maximum rate provided for GS-18 of the General Schedule under section 5382 of title 5. "(d) A special prosecutor may request assistance from the Department of Justice, 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 special prosecutor's prosecutorial jurisdiction, and the use of the resources and personnel necessary to perform such special prosecutor's duties. "(e) A special prosecutor may ask the Attorney General or the division of the court to refer matters related to the special prosecutor^s prosecutorial jurisdiction. A special prosecutor may accept referral

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