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

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 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

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Source location: Title 28, Chapter 40, § 595; chapter-040-independent-counsel.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section49&num=0&edition=prelim) shall prevent the Congress or either House thereof from obtaining information in the course of an impeachment proceeding.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 49 — Assignment of judges to division to appoint independent counsels

**(a)** Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing independent counsels. The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court. **(b)** Except as provided under subsection (f) of this section, assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division. **(c)** In assigning judges or justices to sit on such division of the court, priority shall be given to senior circuit judges and retired justices. **(d)** The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or senior or retired judge or justice may be named to such division from a particular court. **(e)** Any vacancy in such division of the court shall be filled only for the remainder of the two-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made. **(f)** Except as otherwise provided in chapter 40 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 40 of this title involving an independent counsel shall be eligible to participate in any judicial proceeding concerning a matter whic

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 591 — Applicability of provisions of this chapter

**(a) Preliminary Investigation With Respect to Certain Covered Persons.—** The Attorney General shall conduct a preliminary investigation in accordance with section 592 whenever the Attorney General receives information sufficient to constitute grounds to investigate whether any person described in subsection (b) may have violated any Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction. **(b) Persons to Whom Subsection (a) Applies.—** The persons referred to in subsection (a) are— (1) the President and Vice President; (2) any individual serving in a position listed in [section 5312 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5312&num=0&edition=prelim); (3) any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under [section 5313 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim); (4) any Assistant Attorney General and any individual working in the Department of Justice who is compensated at a rate of pay at or above level III of the Executive Schedule under [section 5314 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5314&num=0&edition=prelim); (5) the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue; (6) the chairman and treasurer of the principal national campaign committee seeking the election or reelection of the President, and any officer of that committee exercising authority at the national level, during the incumbency of the President; and (7) any individual who held an office or position described i

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Federal law — U.S. Code and appendices · legal_authorities

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

Page 266 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 595 sions of subsec. (b)(3)(B) by substituting ‘‘the inde- pendent counsel and the division of the court’’ for ‘‘such employee’’ to reflect the probable intent of Con- gress. 1994—Subsec. (b). Pub. L. 103–270, § 3(b), designated ex- isting text as par. (1) and inserted heading, and added pars. (2) and (3). Subsec. (c). Pub. L. 103–270, § 3(c), substituted last sentence for former last sentence which read as follows: ‘‘No such employee may be compensated at a rate ex- ceeding the maximum rate of pay payable for GS–18 of the General Schedule under section 5332 of title 5.’’ Subsec. (d)(1). Pub. L. 103–270, § 3(m), inserted at end ‘‘At the request of an independent counsel, prosecutors, administrative personnel, and other employees of the Department of Justice may be detailed to the staff of the independent counsel.’’ Subsec. (f). Pub. L. 103–270, § 3(e), designated existing provisions as par. (1) and inserted heading, substituted ‘‘shall, except to the extent that to do so would be in- consistent with the purposes of this chapter, comply’’ for ‘‘shall, except where not possible, comply’’, inserted at end ‘‘To determine these policies and policies under subsection (l)(1)(B), the independent counsel shall, ex- cept to the extent that doing so would be inconsistent with the purposes of this chapter, consult with the De- partment of Justice.’’, and added par. (2). Subsec. (h)(1)(B). Pub. L. 103–270, § 3(o), struck out be- fore period at end ‘‘, and the reasons for not pros- ecuting any matter within the prosecutorial jurisdic- tion of such independent counsel’’. Subsec. (h)(3). Pub. L. 103–270, § 3(f), added par. (3). Subsec. (j)(5). Pub. L. 103–270, § 3(d), added par. (5). Subsec. (l). Pub. L. 103–270,

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