Special Counsel Independence and Integrity Act

Bill: 115-s-2644
Sponsor: Sen. Graham, Lindsey [R-SC]
Introduced: 2018-04-11 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Congressional oversight
Criminal investigation, prosecution, interrogation
Department of Justice
Federal officials
Government ethics and transparency, public corruption
Judicial review and appeals
Supreme Court

Summary:
action_date: 2018-04-11
text: 

Special Counsel Independence and Integrity Act

 
This bill sets forth requirements and limitations with respect to the removal from office of a special counsel appointed by the Attorney General, or of another official appointed by the Attorney General who exercises a similar degree of independence from the Department of Justice (DOJ) chain of command.
 
Specifically, a special counsel or other appointed official:
 
 
may only be removed by the Attorney General or the most senior Senate-confirmed DOJ official, in certain circumstances;
 
may only be removed for misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause;
 
must be provided written notice that specifies the reason for removal; and
 
may file an action to challenge the removal not later than 10 days after notice was provided.
 

action_date: 2018-04-26
text: 

Special Counsel Independence and Integrity Act

 
(Sec. 2) This bill amends the federal judicial code to codify certain Department of Justice (DOJ) regulations that govern the appointment, oversight, and removal of a special counsel, including regulations: 
 
 
that authorize the Attorney General to appoint and select a special counsel; 
 
that establish the qualifications, scope of jurisdiction, and authority of a special counsel; and 
 
that authorize the Attorney General to remove a special counsel for misconduct or other good cause. 
 
 
Additionally, the bill provides new statutory limitations and requirements with respect to the removal from office of a special counsel. Specifically, the bill: 
 
 
requires removal to be by the Attorney General or, in certain circumstances, the most senior Senate-confirmed DOJ official;
 
requires a special counsel to be provided written notice that specifies the reason for removal; and
 
allows a special counsel to challenge the removal in federal court.
 
 
The limitations and requirements with respect to removal apply retroactively in the case of a special counsel who is appointed after January 1, 2017, and removed before the date of enactment. 
 
Finally, the bill requires DOJ to notify Congress when a special counsel is appointed, before a special counsel is removed, and after a special counsel's investigation concludes.


Legislative actions:
action_date: 2018-04-26
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 393.
action_date: 2018-04-26
text: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
action_date: 2018-04-26
text: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
action_date: 2018-04-26
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2018-04-11
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2018-04-11
text: Introduced in Senate