Title: TRUMP Special Counsel Act
Policy area: Crime and Law Enforcement

Summary:

Trusted, Reliable, Unquestioned Method of Procedure for Special Counsel Appointment, Limitations, and Powers Act of 2019 or the TRUMP Special Counsel Act
This bill provides statutory authority for the appointment, oversight, and removal of a special counsel.
The bill establishes the qualifications, scope of jurisdiction, and authority of a special counsel.
It also sets forth requirements and limitations with respect to the removal from office of a special counsel.
Finally, the bill requires the Department of Justice to notify Congress when a special counsel is appointed, when a special counsel is removed, and after a special counsel's investigation concludes.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 47 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                 H. R. 47

   To create an alternative prosecutor for certain Federal offenses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2019

 Ms. Jackson Lee introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To create an alternative prosecutor for certain Federal offenses.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trusted, Reliable, Unquestioned 
Method of Procedure for Special Counsel Appointment, Limitations, and 
Powers Act of 2019'' or the ``TRUMP Special Counsel Act''.

SEC. 2. GROUNDS FOR APPOINTING A SPECIAL COUNSEL.

    (a) In General.--The Attorney General shall appoint a Special 
Counsel when the Attorney General determines that--
            (1) criminal investigation of a person or matter is 
        warranted;
            (2) that investigation or prosecution of that person or 
        matter by a United States Attorney's Office or litigating 
        Division of the Department of Justice would present a conflict 
        of interest for the Department or other extraordinary 
        circumstances; and
            (3) under the circumstances, it would be in the public 
        interest to appoint an outside Special Counsel to assume 
        responsibility for the matter.
    (b) Extraordinary Circumstances.--For the purposes of subsection 
(a) extraordinary circumstances exist in any criminal investigation--
            (1) of the President, Vice President, their spouses or 
        children, or any organization, enterprise, or entity owned by, 
        under the control of, or serving the interests of the President 
        or Vice President; or
            (2) which involves the activities of agents or entities 
        under the control of or allied with a foreign state acting in 
        concert with agents, organizations or entities associated with 
        the President or the Vice President.

SEC. 3. ALTERNATIVES AVAILABLE TO THE ATTORNEY GENERAL.

    (a) In General.--When matters are brought to the attention of the 
Attorney General that might warrant consideration of appointment of a 
Special Counsel, the Attorney General may--
            (1) appoint a Special Counsel;
            (2) direct that an initial investigation, consisting of 
        such factual inquiry or legal research as the Attorney General 
        deems appropriate, be conducted in order to better inform the 
        decision; or
            (3) conclude that under the circumstances of the matter, 
        the public interest would not be served by removing the 
        investigation from the normal processes of the Department, and 
        that the appropriate component of the Department should handle 
        the matter.
    (b) Mitigation of Conflicts of Interest.--If the Attorney General 
reaches the conclusion described in subsection (a)(3), the Attorney 
General may direct that appropriate steps be taken to mitigate any 
conflicts of interest, such as recusal of particular officials.

SEC. 4. QUALIFICATIONS OF THE SPECIAL COUNSEL.

    (a) In General.--An individual named as Special Counsel shall be a 
lawyer with a reputation for integrity and impartial decisionmaking, 
and with appropriate experience to ensure both that the investigation 
will be conducted ably, expeditiously and thoroughly, and that 
investigative and prosecutorial decisions will be supported by an 
informed understanding of the criminal law and Department of Justice 
policies. The Special Counsel shall be selected from outside the United 
States Government. Special Counsels shall agree that their 
responsibilities as Special Counsel shall take first precedence in 
their professional lives, and that it may be necessary to devote their 
full time to the investigation, depending on its complexity and the 
stage of the investigation.
    (b) Method of Appointment; Background Investigation.--The Attorney 
General shall consult with the Assistant Attorney General for 
Administration to ensure an appropriate method of appointment, and to 
ensure that a Special Counsel undergoes an appropriate background 
investigation and a detailed review of ethics and conflicts of interest 
issues. A Special Counsel shall be appointed as a ``confidential 
employee'' as defined in section 7511(b)(2)(C) of title 5, United 
States Code.

SEC. 5. JURISDICTION.

    (a) Original Jurisdiction.--The jurisdiction of a Special Counsel 
shall be established by the Attorney General. The Attorney General 
shall provide to the Special Counsel a specific factual statement of 
the matter to be investigated. The jurisdiction of a Special Counsel 
shall also include the authority to investigate and prosecute Federal 
crimes committed in the course of, and with intent to interfere with, 
the Special Counsel's investigation, such as perjury, obstruction of 
justice, destruction of evidence, and intimidation of witnesses; and to 
conduct appeals arising out of any matter being investigated or 
prosecuted.
    (b) Additional Jurisdiction.--If in the course of an investigation 
the Special Counsel concludes that additional jurisdiction beyond that 
specified in the original jurisdiction is necessary in order to fully 
investigate and resolve the matters assigned, or to investigate new 
matters that come to light in the course of the investigation, the 
Special Counsel shall consult with the Attorney General, who will 
determine whether to include the additional matters within the Special 
Counsel's jurisdiction or assign them elsewhere.
    (c) Civil and Administrative Jurisdiction.--If in the course of an 
investigation the Special Counsel determines that administrative 
remedies, civil sanctions or other governmental action outside the 
criminal justice system might be appropriate, the Special Counsel shall 
consult with the Attorney General with respect to the appropriate 
component to take any necessary action. A Special Counsel shall not 
have civil or administrative authority unless specifically granted such 
jurisdiction by the Attorney General.

SEC. 6. STAFF.

    A Special Counsel may request the assignment of appropriate 
Department employees to assist the Special Counsel. The Department 
shall gather and provide the Special Counsel with the names and resumes 
of appropriate personnel available for detail. The Special Counsel may 
also request the detail of specific employees, and the office for which 
the designated employee works shall make reasonable efforts to 
accommodate the request. The Special Counsel shall assign the duties 
and supervise the work of such employees while they are assigned to the 
Special Counsel. If necessary, the Special Counsel may request that 
additional personnel be hired or assigned from outside the Department. 
All personnel in the Department shall cooperate to the fullest extent 
possible with the Special Counsel.

SEC. 7. POWERS AND AUTHORITY.

    Subject to the limitations in section 8, the Special Counsel shall 
exercise, within the scope of the Special Counsel's jurisdiction, the 
full power and independent authority to exercise all investigative and 
prosecutorial functions of any United States Attorney. Except as 
provided in this part, the Special Counsel shall determine whether and 
to what extent to inform or consult with the Attorney General or others 
within the Department about the conduct of the Special Counsel's duties 
and responsibilities.

SEC. 8. CONDUCT AND ACCOUNTABILITY.

    (a) Rules of the Department of Justice.--A Special Counsel shall 
comply with the rules, regulations, procedures, practices and policies 
of the Department of Justice. The Special Counsel shall consult with 
appropriate offices within the Department for guidance with respect to 
established practices, policies and procedures of the Department, 
including ethics and security regulations and procedures. Should the 
Special Counsel conclude that the extraordinary circumstances of any 
particular decision would render compliance with required review and 
approval procedures by the designated Departmental component 
inappropriate, the Special Counsel may consult directly with the 
Attorney General.
    (b) Supervision by Officials of Department of Justice.--The Special 
Counsel shall not be subject to the day-to-day supervision of any 
official of the Department. However, the Attorney General may request 
that the Special Counsel provide an explanation for any investigative 
or prosecutorial step, and may after review conclude that the action is 
so inappropriate or unwarranted under established Departmental 
practices that it should not be pursued. In conducting that review, the 
Attorney General will give great weight to the views of the Special 
Counsel. If the Attorney General concludes that a proposed action by a 
Special Counsel should not be pursued, the Attorney General shall 
notify Congress as specified in section 11(a)(3).
    (c) Ethical Duties.--The Special Counsel and staff shall be subject 
to disciplinary action for misconduct and breach of ethical duties 
under the same standards and to the same extent as are other employees 
of the Department of Justice. Inquiries into such matters shall be 
handled through the appropriate office of the Department upon the 
approval of the Attorney General.
    (d) Discipline and Removal.--The Special Counsel may be disciplined 
or removed from office only by the personal action of the Attorney 
General. The Attorney General may remove a Special Counsel for 
misconduct, dereliction of duty, incapacity, conflict of interest, or 
for other good cause, including violation of Departmental policies. The 
Attorney General shall inform the Special Counsel in writing of the 
specific reason for the removal.

SEC. 9. NOTIFICATION AND REPORTS BY THE SPECIAL COUNSEL.

    (a) Budget.--
            (1) A Special Counsel shall be provided all appropriate 
        resources by the Department of Justice. Within the first 60 
        days of appointment, the Special Counsel shall develop a 
        proposed budget for the current fiscal year with the assistance 
        of the Justice Management Division for the Attorney General's 
        review and approval. Based on the proposal, the Attorney 
        General shall establish a budget for the operations of the 
        Special Counsel. The budget shall include a request for 
        assignment of personnel, with a description of the 
        qualifications needed.
            (2) Thereafter, 90 days before the beginning of each fiscal 
        year, the Special Counsel shall report to the Attorney General 
        the status of the investigation, and provide a budget request 
        for the following year. The Attorney General shall determine 
        whether the investigation should continue and, if so, establish 
        the budget for the next year.
    (b) Notification of Significant Events.--The Special Counsel shall 
notify the Attorney General of events in the course of the 
investigation in conformity with the Departmental guidelines with 
respect to Urgent Reports.
    (c) Closing Documentation.--At the conclusion of the Special 
Counsel's work, the Special Counsel shall provide the Attorney General 
with a confidential report explaining the prosecution or declination 
decisions reached by the Special Counsel.

SEC. 10. NOTIFICATION AND REPORTS BY THE ATTORNEY GENERAL.

    (a) Notification.--The Attorney General shall notify the Chairman 
and Ranking Minority Member of the Judiciary Committees of each House 
of Congress, with an explanation for each action--
            (1) upon appointing a Special Counsel;
            (2) upon removing any Special Counsel; and
            (3) upon conclusion of the Special Counsel's investigation, 
        including, to the extent consistent with applicable law, a 
        description and explanation of instances (if any) in which the 
        Attorney General concluded that a proposed action by a Special 
        Counsel was so inappropriate or unwarranted under established 
        Departmental practices that it should not be pursued.
    (b) Delay of Notification.--The notification requirement in 
subsection (a)(1) of this section may be tolled by the Attorney General 
upon a finding that legitimate investigative or privacy concerns 
require confidentiality. At such time as confidentiality is no longer 
needed, the notification shall be provided.
    (c) Public Release.--The Attorney General may determine that public 
release of these reports would be in the public interest, to the extent 
that release would comply with applicable legal restrictions. All other 
releases of information by any Department of Justice employee, 
including the Special Counsel and staff, concerning matters handled by 
Special Counsels shall be governed by the generally applicable 
Departmental guidelines concerning public comment with respect to any 
criminal investigation, and relevant law.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act $100,000,000 for each of the fiscal years 2020 through 
2024.
    (b) Availability.--Funds appropriated under subsection (a) shall 
remain available until expended.
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