Congressional Oversight and Investigations
Updated December 13, 2022
Congressional Oversight and Investigations
Congress engages in oversight of the executive branch
If these criteria are met, a committee’s investigative
through the review, monitoring, and supervision of the
purview is substantial and wide-ranging.
implementation of public policy. The first Congresses
inaugurated these oversight techniques through special
Major Purposes of Oversight
investigations, reporting requirements, and the use of the
appropriations process to review executive authority.
Oversight is an implicit constitutional power of Congress.
Today, congressional oversight can occur in virtually any
There are a number of overlapping purposes associated with
legislative activity and through a wide variety of channels,
oversight, which can be divided into three basic types:
organizations, and structures. These activities range from
programmatic, political, and institutional.
formal committee hearings to informal Member or staff
contact with executive officials; from staff studies to
Programmatic purposes include making sure agencies and
support-agency reviews; and from casework conducted by
programs are working in a cost-effective and efficient
Member offices to studies prepared by non-congressional
manner and fulfilling their statutory mission; ensuring
entities such as commissions and inspectors general.
executive compliance with legislative intent; evaluating
program performance; investigating waste, fraud, and
Legal Authority for Oversight
abuse; reviewing the agency rulemaking process; and
acquiring information useful in future policymaking.
Congress’s power to obtain information from either the
executive branch or the general public is very broad. While
Political purposes include generating favorable publicity
there is no express constitutional provision authorizing
for lawmakers, winning electoral support from constituents
congressional oversight or investigations, the Supreme
and outside groups, and rebutting criticisms of favorite
Court has firmly established that such power is so essential
programs or agencies. Oversight occurs in an ever-present
to the legislative function as to be implied from the general
political context in which Congress’s relationship with
vesting of legislative powers in Congress in Article I of the
administrative entities can range from cooperation to
Constitution.
conflict. Moreover, there are inherent constitutional and
political tensions between Congress and the President even
during periods of unified government.
The Supreme Court on Congressional
Oversight
Institutional purposes include checking the power of the
executive branch, investigating how a law is being
Watkins v. United States: The “power of the Congress
administered, and informing Congress and the public.
to conduct investigations is inherent in the legislative
These purposes may merit special mention because they
process. That power is broad. It encompasses
serve to protect congressional prerogatives and strengthen
inquiries concerning the administration of existing laws
the American public’s ability to evaluate executive
as well as proposed or possibly needed statutes.”
activities and actions.
Barenblatt v. United States: The “scope of the power of
Fostering Effective Oversight
inquiry … is as penetrating and far-reaching as the
potential power to enact and appropriate under the
Although there may be disagreements as to what constitutes
Constitution.”
“quality” oversight, there are a number of components that
appear to foster effective oversight, including:
Trump v. Mazars USA, LLP: “Without information,
Congress would be shooting in the dark, unable to
a committee chair committed to doing oversight on a
legislate ‘wisely or effectively.’”
sustained basis,
the involvement of committee Members despite the
Oversight and investigative authority rests with both
intensive use of time and resources,
houses, which in turn have delegated this authority to the
bipartisanship—more is likely to be achieved when both
committees of each chamber. Committees possess only
parties work together rather than against each other,
those powers that have been delegated to them by their
parent bodies. Committee investigations must:
an experienced professional staff with investigatory
skills,
be within the committee’s jurisdiction as defined in
capacity to engage with other oversight stakeholders
House or Senate rules, and
inside and outside the government,
serve a valid legislative purpose.
preparation and documentation before hearings,
https://crsreports.congress.gov
Congressional Oversight and Investigations
coordination with other relevant committees of
entity—whether a private individual, corporation, or
jurisdiction, and
executive branch agency—refuses to disclose information
that Congress considers necessary to its inquiry. In those
follow-through to ensure that any committee
situations, the targeted entity may attempt several methods
recommendations are acted upon.
to avoid disclosure, such as asserting that the information
cannot be disclosed due to a specific law, rule, or executive
Congressional Subpoenas
decision. Congress has a number of tools at its disposal to
force compliance with committee subpoenas.
House and Senate rules delegate the authority to issue
subpoenas to every standing committee. How
subpoenas are issued varies by committee and by
Enforcement Mechanisms
chamber. In the House, almost all committees now
empower their chairs to issue subpoenas, while in the
Contempt of Congress: Congress may seek to have an
Senate most committees require that the chair first
individual criminally prosecuted for noncompliance
obtain the consent of the ranking member.
with a subpoena.
Civil enforcement of subpoenas: Congress may seek a
Limitations on Congressional Authority
federal court decision declaring that the individual in
question is legally obligated to comply with the
Constitutional limits apply to Congress’s oversight and
congressional subpoena.
investigative powers. This includes the protections of the
First, Fourth, and Fifth Amendments but does not include
Minority Party and Individual Member Authority to
the trial-related rights of the Sixth Amendment.
Conduct Oversight
The Supreme Court on Oversight Limitations
The role of minority party Members in the oversight
process is governed by the rules of each chamber and its
Barenblatt v. United States: “Congress, in common with
committees. Minority Members are specifically accorded
all branches of the Government, must exercise its
some rights. For example, House and Senate rules provide
powers subject to the limitations placed by the
the minority on a committee a limited right to call witnesses
Constitution on governmental action,” including “the
of their choosing at a hearing, and all members of House
relevant limitations of the Bill of Rights.”
committees are guaranteed up to five minutes to question
each witness. Ranking members and individual Members
Trump v. Mazars USA, LLP: The “recipients of legislative
(other than committee chairs) are not authorized by
subpoenas retain their constitutional rights
chamber or committee rules to initiate official committee
throughout the course of an investigation.”
hearings or investigations or issue subpoenas. Individual
Members may seek the voluntary cooperation of agency
officials or private persons, but they do not wield the
Executive Privilege can act as a significant limitation on
compulsory powers belonging to the committee.
Congress’s authority to obtain information from the
Oversight in the 118th Congress and Beyond
executive branch. The privilege, aspects of which are
constitutionally rooted, has been invoked when Congress
The last several years have been a dynamic period for the
asks the executive branch to produce documents or
rules and practices governing congressional oversight.
testimony that reflect presidential decisionmaking and
Congress has taken on a variety of investigations that have
deliberations that the President believes should remain
generated substantial public attention, and both the
confidential. But executive privilege is qualified, not
executive branch and Congress have developed new tools
absolute, and a presidential assertion of the privilege can be
and legal arguments to contest oversight disputes. Courts
overcome by an adequate showing of need.
have answered some questions on the scope of the oversight
power while leaving others unresolved. In the coming
Other constitutional considerations may impose further
years, the decisions made by Congress as it pursues its
restrictions on some investigations of the President. The
oversight goals may continue to shape the balance of power
Supreme Court held in Trump v. Mazars USA, LLP that
between the branches.
congressional subpoenas involving “the President’s
personal information implicate weighty concerns regarding
the separation of powers.” As a result, the Court outlined a
Todd Garvey, Legislative Attorney
series of applicable “special considerations” that take into
Mark J. Oleszek, Analyst on Congress and the Legislative
account “both the significant legislative interests of
Process
Congress and the ‘unique position’ of the President.”
Ben Wilhelm, Analyst in Government Organization and
Management
Information Access Issues and Enforcement of
Requests for Information
IF10015
Congressional oversight and investigations can become
adversarial. This is especially true when the targeted
https://crsreports.congress.gov
Congressional Oversight and Investigations
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF10015 · VERSION 5 · UPDATED