,i #aafth ,,congress #ast ,session ,h4 ,r4 #dg ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjai,ms4 ,jackson ,lee introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to create an alternative prosecutor for certain ,federal offenses4 #a4 ,short title ,this ,act may be cited as the ,trusted1 ,reliable1 ,unquestioned ,method of ,procedure for ,special ,counsel ,appointment1 ,limitations1 and ,powers ,act of #bjai or the ,,trump ,special ,counsel ,act4 #b4 ,grounds for appointing a ,special ,counsel 7a7 ,in general ,the ,attorney ,general shall appoint a ,special ,counsel when the ,attorney ,general determines that-- 7#a7 criminal investigation of a person or matter is warranted2 7#b7 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 circumstances2 and 7#c7 under the circumstances1 it would be in the public interest to appoint an outside ,special ,counsel to assume responsibility for the matter4 7b7 ,extraordinary circumstances ,for the purposes of subsection 7a7 extraordinary circumstances exist in any criminal investigation-- 7#a7 of the ,president1 ,vice ,president1 their spouses or children1 or any organization1 enterprise1 or entity owned by1 under the control of1 or serving the interests of the ,president or ,vice ,president2 or 7#b7 which involves the activities of agents or entities under the control of or allied with a foreign state acting in concert with agents1 organizations or entities associated with the ,president or the ,vice ,president4 #c4 ,alternatives available to the ,attorney ,general 7a7 ,in general ,when matters are brought to the attention of the ,attorney ,general that might warrant consideration of appointment of a ,special ,counsel1 the ,attorney ,general may-- 7#a7 appoint a ,special ,counsel2 7#b7 direct that an initial investigation1 consisting of such factual inquiry or legal research as the ,attorney ,general deems appropriate1 be conducted in order to better inform the decision2 or 7#c7 conclude that under the circumstances of the matter1 the public interest would not be served by removing the investigation from the normal processes of the ,department1 and that the appropriate component of the ,department should handle the matter4 7b7 ,mitigation of conflicts of interest ,if the ,attorney ,general reaches the conclusion described in subsection 7a77#c71 the ,attorney ,general may direct that appropriate steps be taken to mitigate any conflicts of interest1 such as recusal of particular officials4 #d4 ,qualifications of the ,special ,counsel 7a7 ,in general ,an individual named as ,special ,counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking1 and with appropriate experience to ensure both that the investigation will be conducted ably1 expeditiously and thoroughly1 and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and ,department of ,justice policies4 ,the ,special ,counsel shall be selected from outside the ,united ,states ,government4 ,special ,counsels shall agree that their responsibilities as ,special ,counsel shall take first precedence in their professional lives1 and that it may be necessary to devote their full time to the investigation1 depending on its complexity and the stage of the investigation4 7b7 ,method of appointment2 background investigation ,the ,attorney ,general shall consult with the ,assistant ,attorney ,general for ,administration to ensure an appropriate method of appointment1 and to ensure that a ,special ,counsel undergoes an appropriate background investigation and a detailed review of ethics and conflicts of interest issues4 ,a ,special ,counsel shall be appointed as a confidential employee as defined in section #geaa7;b77#b77;,c7 of title #e1 ,united ,states ,code4 #e4 ,jurisdiction 7a7 ,original jurisdiction ,the jurisdiction of a ,special ,counsel shall be established by the ,attorney ,general4 ,the ,attorney ,general shall provide to the ,special ,counsel a specific factual statement of the matter to be investigated4 ,the jurisdiction of a ,special ,counsel shall also include the authority to investigate and prosecute ,federal crimes committed in the course of1 and with intent to interfere with1 the ,special ,counsel's investigation1 such as perjury1 obstruction of justice1 destruction of evidence1 and intimidation of witnesses2 and to conduct appeals arising out of any matter being investigated or prosecuted4 7b7 ,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 assigned1 or to investigate new matters that come to light in the course of the investigation1 the ,special ,counsel shall consult with the ,attorney ,general1 who will determine whether to include the additional matters within the ,special ,counsel's jurisdiction or assign them elsewhere4 7c7 ,civil and administrative jurisdiction ,if in the course of an investigation the ,special ,counsel determines that administrative remedies1 civil sanctions or other governmental action outside the criminal justice system might be appropriate1 the ,special ,counsel shall consult with the ,attorney ,general with respect to the appropriate component to take any necessary action4 ,a ,special ,counsel shall not have civil or administrative authority unless specifically granted such jurisdiction by the ,attorney ,general4 #f4 ,staff ,a ,special ,counsel may request the assignment of appropriate ,department employees to assist the ,special ,counsel4 ,the ,department shall gather and provide the ,special ,counsel with the names and rsums of appropriate personnel available for detail4 ,the ,special ,counsel may also request the detail of specific employees1 and the office for which the designated employee works shall make reasonable efforts to accommodate the request4 ,the ,special ,counsel shall assign the duties and supervise the work of such employees while they are assigned to the ,special ,counsel4 ,if necessary1 the ,special ,counsel may request that additional personnel be hired or assigned from outside the ,department4 ,all personnel in the ,department shall cooperate to the fullest extent possible with the ,special ,counsel4 #g4 ,powers and authority ,subject to the limitations in section #h1 the ,special ,counsel shall exercise1 within the scope of the ,special ,counsel's jurisdiction1 the full power and independent authority to exercise all investigative and prosecutorial functions of any ,united ,states ,attorney4 ,except as provided in this part1 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 responsibilities4 #h4 ,conduct and accountability 7a7 ,rules of the ,department of ,justice ,a ,special ,counsel shall comply with the rules1 regulations1 procedures1 practices and policies of the ,department of ,justice4 ,the ,special ,counsel shall consult with appropriate offices within the ,department for guidance with respect to established practices1 policies and procedures of the ,department1 including ethics and security regulations and procedures4 ,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 inappropriate1 the ,special ,counsel may consult directly with the ,attorney ,general4 7b7 ,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 ,department4 ,however1 the ,attorney ,general may request that the ,special ,counsel provide an explanation for any investigative or prosecutorial step1 and may after review conclude that the action is so inappropriate or unwarranted under established ,departmental practices that it should not be pursued4 ,in conducting that review1 the ,attorney ,general will give great weight to the views of the ,special ,counsel4 ,if the ,attorney ,general concludes that a proposed action by a ,special ,counsel should not be pursued1 the ,attorney ,general shall notify ,congress as specified in section #aa7;a77#c74 7c7 ,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 ,justice4 ,inquiries into such matters shall be handled through the appropriate office of the ,department upon the approval of the ,attorney ,general4 7d7 ,discipline and removal ,the ,special ,counsel may be disciplined or removed from office only by the personal action of the ,attorney ,general4 ,the ,attorney ,general may remove a ,special ,counsel for misconduct1 dereliction of duty1 incapacity1 conflict of interest1 or for other good cause1 including violation of ,departmental policies4 ,the ,attorney ,general shall inform the ,special ,counsel in writing of the specific reason for the removal4 #i4 ,notification and reports by the special counsel 7a7 ,budget 7#a7 ,a ,special ,counsel shall be provided all appropriate resources by the ,department of ,justice4 ,within the first #fj days of appointment1 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 approval4 ,based on the proposal1 the ,attorney ,general shall establish a budget for the operations of the ,special ,counsel4 ,the budget shall include a request for assignment of personnel1 with a description of the qualifications needed4 7#b7 ,thereafter1 #ij days before the beginning of each fiscal year1 the ,special ,counsel shall report to the ,attorney ,general the status of the investigation1 and provide a budget request for the following year4 ,the ,attorney ,general shall determine whether the investigation should continue and1 if so1 establish the budget for the next year4 7b7 ,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 ,reports4 7c7 ,closing documentation ,at the conclusion of the ,special ,counsel's work1 the ,special ,counsel shall provide the ,attorney ,general with a confidential report explaining the prosecution or declination decisions reached by the ,special ,counsel4 #aj4 ,notification and reports by the ,attorney ,general 7a7 ,notification ,the ,attorney ,general shall notify the ,chairman and ,ranking ,minority ,member of the ,judiciary ,committees of each ,house of ,congress1 with an explanation for each action-- 7#a7 upon appointing a ,special ,counsel2 7#b7 upon removing any ,special ,counsel2 and 7#c7 upon conclusion of the ,special ,counsel's investigation1 including1 to the extent consistent with applicable law1 a description and explanation of instances 7if any7 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 pursued4 7b7 ,delay of notification ,the notification requirement in subsection 7a77#a7 of this section may be tolled by the ,attorney ,general upon a finding that legitimate investigative or privacy concerns require confidentiality4 ,at such time as confidentiality is no longer needed1 the notification shall be provided4 7c7 ,public release ,the ,attorney ,general may determine that public release of these reports would be in the public interest1 to the extent that release would comply with applicable legal restrictions4 ,all other releases of information by any ,department of ,justice employee1 including the ,special ,counsel and staff1 concerning matters handled by ,special ,counsels shall be governed by the generally applicable ,departmental guidelines concerning public comment with respect to any criminal investigation1 and relevant law4 #aa4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to carry out this ,act #ajj1jjj1jjj for each of the fiscal years #bjbj through #bjbd4 7b7 ,availability ,funds appropriated under subsection 7a7 shall remain available until expended4