§ 595. — Congressional oversight.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC595]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 40--INDEPENDENT COUNSEL
Sec. 595. Congressional oversight
(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.
(Added Pub. L. 95-521, title VI, Sec. 601(a), Oct. 26, 1978, 92 Stat.
1871; amended Pub. L. 97-409, Sec. 2(a)(1), Jan. 3, 1983, 96 Stat. 2139;
Pub. L. 100-191, Sec. 2, Dec. 15, 1987, 101 Stat. 1304; Pub. L. 103-270,
Sec. 3(g), June 30, 1994, 108 Stat. 734.)
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, Sec. 2(a)(1), substituted ``independent
counsel'' for ``special prosecutor'' and ``independent counsel's'' for
``special prosecutor's'' wherever appearing.
Effective Date of 1994 Amendment; Transition Provisions
Amendment 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 Amendment
Amendment 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.
