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, § 3(a), added subsec. (l). 1987—Pub. L. 100–191 amended section generally, sub- stituting subsecs. (a) to (k) for former subsecs. (a) to (g) which related to similar subject matter. 1986—Subsec. (a)(8). Pub. L. 99–514 substituted ‘‘Inter- nal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. 1983—Pub. L. 97–409, § 2(a)(1)(A), substituted ‘‘inde- pendent counsel’’ for ‘‘special prosecutor’’ in section catchline. Subsec. (a). Pub. L. 97–409, § 2(a)(1), substituted ‘‘inde- pendent counsel’’ for ‘‘special prosecutor’’ wherever ap- pearing and ‘‘independent counsel’s’’ for ‘‘special pros- ecutor’s’’. Subsec. (a)(10). Pub. L. 97–409, § 6(a), added par. (10). Subsecs. (b), (c). Pub. L. 97–409, § 2(a)(1)(A), sub- stituted ‘‘independent counsel’’ for ‘‘special pros- ecutor’’ wherever appearing. Subsecs. (d), (e). Pub. L. 97–409, § 2(a)(1), substituted ‘‘independent counsel’’ for ‘‘special prosecutor’’ and ‘‘independent counsel’s’’ for ‘‘special prosecutor’s’’ wherever appearing. Subsec. (f). Pub. L. 97–409, §§ 2(a)(1)(A), 6(b), sub- stituted ‘‘independent counsel’’ for ‘‘special pros- ecutor’’, ‘‘except where not possible’’ for ‘‘to the extent that such special prosecutor deems appropriate’’, and ‘‘written or other established policies’’ for ‘‘written policies’’. Subsec. (g). Pub. L. 97–409, § 6(c), added subsec. (g). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Director of the Government Publishing Office’’ sub- stituted for ‘‘Public Printer’’ in subsec. (h)(3) on au- thority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents. EFFECTIVE DATE OF 1994 AMENDMENT; TRANSITION PROVISIONS Amendment by Pub. L. 103–270 applicable with re- spect to independent counsels appointed before, on, or after June 30, 1994, with transition provisions relating to assignment of employee to certify expenditures and relating to office space, travel and subsistence ex- penses, rates of compensation, and reporting require- ments established or modified by Pub. L. 103–270, see section 7(a)–(e), (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, but with the following provisions applicable to previously initi- ated proceedings pending on Dec. 15, 1987: subsec. (d)(2) (relating to reports by Attorney General on expendi- tures by independent counsel, except that the first such report shall be made only with respect to expenditures on or after Dec. 15, 1987), subsec. (h)(1)(A) except that the 6-month periods described in subsec. (h)(1)(A) of this section shall be calculated from Dec. 15, 1987, sub- sec. (i), subsec. (k) of this section, and 90 days after Dec. 15, 1987, subsec. (j), see section 6 of Pub. L. 100–191, set out as a note under section 591 of this title. § 595. Congressional oversight (a) OVERSIGHT OF CONDUCT OF INDEPENDENT COUNSEL.— (1) CONGRESSIONAL OVERSIGHT.—The appro- priate committees of the Congress shall have oversight jurisdiction with respect to the offi- cial conduct of any independent counsel ap- pointed under this chapter, and such inde- pendent counsel shall have the duty to cooper- ate with the exercise of such oversight juris- diction. (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, in- cluding a description of the progress of any in- vestigation or prosecution conducted by the independent counsel. Such report may omit any matter that in the judgment of the inde- pendent counsel should be kept confidential, but shall provide information adequate to jus- tify the expenditures that the office of the independent counsel has made. (b) OVERSIGHT OF CONDUCT OF ATTORNEY GEN- ERAL.—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 com- mittee 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 appoint- ment of an independent counsel or a notifica- tion that further investigation is not war- ranted 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 cred- ible information which such independent coun- sel receives, in carrying out the independent counsel’s responsibilities under this chapter, that may constitute grounds for an impeach- ment. 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. Page 267 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 596 1 So in original. (Added Pub. L. 95–521, title VI, § 601(a), Oct. 26, 1978, 92 Stat. 1871; amended Pub. L. 97–409, § 2(a)(1), Jan. 3, 1983, 96 Stat. 2139; Pub. L. 100–191, § 2, Dec. 15, 1987, 101 Stat. 1304; Pub. L. 103–270, § 3(g), June 30, 1994, 108 Stat. 734.) Editorial Notes AMENDMENTS 1994—Subsec. (a)(2). Pub. L. 103–270 substituted ‘‘an- nually a report on the activities of the independent counsel, including a description of the progress of any investigation or prosecution conducted by the inde- pendent counsel. Such report may omit any matter that in the judgment of the independent counsel should be kept confidential, but shall provide information ade- quate 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, sub- stituting subsecs. (a) to (c) relating to congressional oversight for former subsecs. (a) to (e) relating to re- porting and congressional oversight. 1983—Pub. L. 97–409, § 2(a)(1), substituted ‘‘inde- pendent counsel’’ for ‘‘special prosecutor’’ and ‘‘inde- pendent counsel’s’’ for ‘‘special prosecutor’s’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT; TRANSITION PROVISIONS Amendment by Pub. L. 103–270 applicable with re- spect 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 sec- tion 6 of Pub. L. 100–191, set out as a note under section 591 of this title. § 596. Removal of an independent counsel; termi- nation of office (a) REMOVAL; REPORT ON REMOVAL.— (1) GROUNDS FOR REMOVAL.—An independent counsel appointed under this chapter may be removed from office, other than by impeach- ment and conviction, only by the personal ac- tion of the Attorney General and only for good cause, physical or mental disability (if not prohibited by law protecting persons from dis- crimination on the basis of such a disability),,1 or any other condition that substantially im- pairs the performance of such independent counsel’s duties. (2) REPORT TO DIVISION OF THE COURT AND CONGRESS.—If an independent counsel is re- moved from office, the Attorney General shall promptly submit to the division of the court and the Committees on the Judiciary of the Senate and the House of Representatives a re- port specifying the facts found and the ulti- mate grounds for such removal. The commit- tees shall make available to the public such report, except that each committee may, if necessary to protect the rights of any indi- vidual named in the report or to prevent undue interference with any pending prosecu- tion, postpone or refrain from publishing any or all of the report. The division of the court may release any or all of such report in ac- cordance with section 594(h)(2). (3) JUDICIAL REVIEW OF REMOVAL.—An inde- pendent counsel removed from office may ob- tain judicial review of the removal in a civil action commenced in the United States Dis- trict Court for the District of Columbia. A member of the division of the court may not hear or determine any such civil action or any appeal of a decision in any such civil action. The independent counsel may be reinstated or granted other appropriate relief by order of the court. (b) TERMINATION OF OFFICE.— (1) TERMINATION BY ACTION OF INDEPENDENT COUNSEL.—An office of independent counsel shall terminate when— (A) the independent counsel notifies the Attorney General that the investigation of all matters within the prosecutorial juris- diction of such independent counsel or ac- cepted by such independent counsel under section 594(e), and any resulting prosecu- tions, have been completed or so substan- tially completed that it would be appro- priate for the Department of Justice to com- plete such investigations and prosecutions; and (B) the independent counsel files a final re- port in compliance with section 594(h)(1)(B). (2) TERMINATION BY DIVISION OF THE COURT.— The division of the court, either on its own motion or upon the request of the Attorney General, may terminate an office of inde- pendent counsel at any time, on the ground that the investigation of all matters within the prosecutorial jurisdiction of such inde- pendent counsel or accepted by such inde- pendent counsel under section 594(e), and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the Department of Justice to complete such investigations and prosecu- tions. At the time of such termination, the independent counsel shall file the final report required by section 594(h)(1)(B). If the Attor- ney General has not made a request under this paragraph, the division of the court shall de- termine on its own motion whether termi- nation is appropriate under this paragraph no later than 2 years after the appointment of an independent counsel, at the end of the suc- ceeding 2-year period, and thereafter at the end of each succeeding 1-year period. (c) AUDITS.—(1) On or before June 30 of each year, an independent counsel shall prepare a statement of expenditures for the 6 months that ended on the immediately preceding March 31. On or before December 31 of each year, an inde- pendent counsel shall prepare a statement of ex- penditures for the fiscal year that ended on the immediately preceding September 30. An inde- pendent counsel whose office is terminated prior to the end of the fiscal year shall prepare a statement of expenditures on or before the date that is 90 days after the date on which the office is terminated.