Title 28Judiciary and Judicial ProcedureRelease 119-73

§595 Congressional oversight

Title 28 › Part PART II— - DEPARTMENT OF JUSTICE › Chapter CHAPTER 40— - INDEPENDENT COUNSEL › § 595

Last updated Apr 6, 2026|Official source

Summary

Congressional committees that oversee independent counsels have the right to check how those counsels do their work, and the independent counsel must cooperate. The independent counsel must send Congress one yearly report about what the office did and how investigations or prosecutions are going. The report can leave out things that must stay secret, but it must give enough detail to explain how the office spent its money. If a committee asks about a public case, the Attorney General has 15 days to tell the committee when the case information was received, whether a preliminary investigation is happening and when it began, and whether a court filing asked for an independent counsel or said no more investigation is needed (and the date of that filing). The independent counsel must tell the House if they learn credible information that could be grounds for impeachment. Nothing here stops Congress or either House from getting information during an impeachment.

Full Legal Text

Title 28, §595

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)(1)The appropriate committees of the Congress shall have oversight jurisdiction with respect to the official conduct of any independent counsel appointed under this chapter, and such independent counsel shall have the duty to cooperate with the exercise of such oversight jurisdiction.
(2)An independent counsel appointed under this chapter shall submit to the Congress annually a report on the activities of the independent counsel, including a description of the progress of any investigation or prosecution conducted by the independent counsel. Such report may omit any matter that in the judgment of the independent counsel should be kept confidential, but shall provide information adequate to justify the expenditures that the office of the independent counsel has made.
(b)Within 15 days after receiving an inquiry about a particular case under this chapter, which is a matter of public knowledge, from a committee of the Congress with jurisdiction over this chapter, the Attorney General shall provide the following information to that committee with respect to that case:
(1)When the information about the case was received.
(2)Whether a preliminary investigation is being conducted, and if so, the date it began.
(3)Whether an application for the appointment of an independent counsel or a notification that further investigation is not warranted has been filed with the division of the court, and if so, the date of such filing.
(c)An independent counsel shall advise the House of Representatives of any substantial and credible information which such independent counsel receives, in carrying out the independent counsel’s responsibilities under this chapter, that may constitute grounds for an impeachment. Nothing in this chapter or section 49 of this title shall prevent the Congress or either House thereof from obtaining information in the course of an impeachment proceeding.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a)(2). Pub. L. 103–270 substituted “annually a report on the activities of the independent counsel, including a description of the progress of any investigation or prosecution conducted by the independent counsel. Such report may omit any matter that in the judgment of the independent counsel should be kept confidential, but shall provide information adequate to justify the expenditures that the office of the independent counsel has made” for “such statements or reports on the activities of such independent counsel as the independent counsel considers appropriate”. 1987—Pub. L. 100–191 amended section generally, substituting subsecs. (a) to (c) relating to congressional oversight for former subsecs. (a) to (e) relating to reporting and congressional oversight. 1983—Pub. L. 97–409, § 2(a)(1), substituted “independent counsel” for “special prosecutor” and “independent counsel’s” for “special prosecutor’s” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 Amendment; Transition ProvisionsAmendment by Pub. L. 103–270 applicable with respect to independent counsels appointed before, on, or after June 30, 1994, with transition provision relating to reporting requirements established or modified by Pub. L. 103–270, see section 7(a), (g) of Pub. L. 103–270, set out as a note under section 591 of this title.

Effective Date

of 1987 AmendmentAmendment by Pub. L. 100–191 effective Dec. 15, 1987, and applicable to proceedings initiated and independent counsels appointed on and after Dec. 15, 1987, see section 6 of Pub. L. 100–191, set out as a note under section 591 of this title.

Reference

Citations & Metadata

Citation

28 U.S.C. § 595

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73