28 U.S.C. § 595: Congressional oversight

Summary

Congressional committees that oversee this law can review how an independent counsel (a special prosecutor) does their job. The independent counsel must cooperate with those reviews. The independent counsel must send Congress a report every year about its work and the progress of any investigations or prosecutions. The report can leave out things the counsel thinks must stay secret, but it must give enough information to explain the office’s spending. If a committee with proper jurisdiction asks the Attorney General about a public, specific case, the Attorney General must reply within 15 days. The reply must say when the information was received, whether a preliminary investigation is under way and when it began, and whether a filing to appoint an independent counsel or a notice that no further investigation is needed was made with the court (and the filing date). An independent counsel must tell the House of Representatives any significant, credible information that might be grounds for impeachment. Nothing here stops Congress or either House from getting information during an impeachment.

Title 28, §595

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)Oversight of Conduct of Independent Counsel.—

(1)Congressional oversight.—

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)Reports to congress.—

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)Oversight of Conduct of Attorney General.—

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)Information Relating to Impeachment.—

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.

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.

§595 Congressional Oversight

Summary

Title 28, §595

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata