Page:United States Statutes at Large Volume 96 Part 2.djvu/679

 PUBLIC LAW 97-409—JAN. 3, 1983

96 STAT. 2041

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(1) striking out "finds that the matter warrants further investigation or prosecution" and inserting in lieu thereof "finds reasonable grounds to believe that further investigation or prosecution is warranted"; (2) striking out "that the matter is so unsubstantiated as not to warrant further investigation or prosecution" and inserting in lieu thereof "that there are no reasonable grounds to believe that further investigation or prosecution is warranted"; and (3) adding at the end thereof the following new sentence: "In determining whether reasonable grounds exist to warrant further investigation or prosecution, the Attorney General shall comply with the written or other established policies of the Department of Justice with respect to the enforcement of criminal laws.". (e) Section 592(c)(2) of title 28 of the United States Code is amended— (1) in clause (A) by striking out "specific information" and inserting in lieu thereof "information sufficient to constitute grounds to investigate"; and (2) in clause (B) by striking out "such information warrants" and inserting in lieu thereof "reasonable grounds exist to warrant". SEC. 5. Section 593 of title 28 of the United States Code is amended by adding at the end thereof the following new subsections: "(f) Upon a showing of good cause by the Attorney General, the division of the court may grant a single extension of the preliminary investigation conducted pursuant to section 592(a) of this title for a period not to exceed sixty days. "(g) Upon request by the subject of an investigation conducted by an independent counsel pursuant to this chapter, the division of the court may, in its discretion, award reimbursement for all or part of the attorney's fees incurred by such subject during such investigation if— "(1) no indictment is brought against such subject; and "(2) the attorney's fees would not have been incurred but for the requirements of this chapter.". SEC. 6. (a) Subsection (a) of section 594 of title 28 of the United States Code is amended by— (1) striking out "and" at the end of paragraph (8); (2) striking out the period at the end of paragraph (9) and inserting in lieu thereof a semicolon and "and '; and (3) adding after paragraph (9) the following: "(10) consulting with the United States Attorney for the district in which the violation was alleged to have occurred.". (b) Subsection (f) of section 594 of title 28 of the United States Code is amended by— (1) striking out "to the extent that such special prosecutor deems appropriate" and inserting in lieu thereof "except where not possible"; and (2) striking out "written policies" and inserting in lieu thereof "written or other established policies". (c) Section 594 of title 28 of the United States Code is amended by adding at the end thereof the following new subsection: "(g) The independent counsel shall have full authority to dismiss matters within his prosecutorial jurisdiction without conducting an investigation or at any subsequent time prior to prosecution if to do so would be consistent with the written or other established policies

Preliminary investigation, extension. Attorney fees, reimbursement.

Dismissal authority.

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