(a) That investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and
(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.
That is a regulation adopted by the Justice Department, not a law passed by Congress
It cannot trump a law requiring every US Attorney to be approved by the Senate