,,ii #aafth ,,congress #ast ,session ,s4 #ga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #i1 #bjai,mr4 ,graham 7for himself1 ,mr4 ,coons1 ,mr4 ,tillis1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to ensure independent investigations and judicial review of the removal of a special counsel1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,special ,counsel ,independence and ,integrity ,act4 #b4 ,department of ,justice ,special ,counsel 7a7 ,in general ,part ,,ii of title #bh1 ,united ,states ,code1 is amended by inserting after chapter #dj;,a the following3 #dj;,b ,special ,counsel ,sec4 #eii,k-#a4 ,grounds for appointing a ,special ,counsel4#eii,k-#b4 ,alternatives available to the ,attorney ,general4#eii,k-#c4 ,qualifications of the ,special ,counsel4#eii,k-#d4 ,jurisdiction4#eii,k-#e4 ,staff4#eii,k-#f4 ,powers and authority4#eii,k-#g4 ,conduct and accountability generally4#eii,k-#h4 ,limitation on removal of ,special ,counsel and certain other officials4#eii,k-#i4 ,notification and reports by the ,special ,counsel4#eii,k-#aj4 ,notification and reports by the ,attorney ,general4#eii,k-#aa4 ,no creation of rights4 #eii,k-#a4 ,grounds for appointing a ,special ,counsel 7a7 ,in general ,the ,attorney ,general shall appoint a ,special ,counsel if the ,attorney ,general determines that-- 7#a7 criminal investigation of a person or matter is warranted2 7#b7 investigation or prosecution of the person or matter described in paragraph 7#a7 by the office of a ,united ,states attorney or litigating ,division of the ,department of ,justice 7in this chapter referred to as the ,department7 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 ,recusal ,the ,attorney ,general who has been confirmed to that position by the ,senate or1 in the case of the vacancy1 absence1 disability1 or recusal of the ,attorney ,general1 the most senior ,senate-confirmed officer of the ,department listed in section #ejh who is not recused from the matter shall exercise the authority under this chapter4 #eii,k-#b4 ,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 ,counsel in accordance with this chapter2 7#b7 direct that an initial investigation1 consisting of such factual inquiry or legal research as the ,attorney ,general determines 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 ,additional direction ,if the ,attorney ,general reaches a 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 #eii,k-#c4 ,qualifications of the ,special ,counsel 7a7 ,in general ,an individual named as ,special ,counsel under this chapter shall be-- 7#a7 a lawyer with a reputation for integrity and impartial decisionmaking1 and with appropriate experience to ensure both that the investigation will be conducted ably1 expeditiously1 and thoroughly1 and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and ,department policies2 and 7#b7 selected from outside the ,united ,states ,government4 7b7 ,priority of investigation ,an individual named as ,special ,counsel under this chapter shall agree that the responsibilities of the individual as ,special ,counsel shall take first precedence in the professional life of the individual1 and that it may be necessary to work full time on the investigation1 depending on the complexity of the investigation and the stage of the investigation4 7c7 ,appointment method 7#a7 ,in general ,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 7#b7 ,confidential employee ,a ,special ,counsel shall be appointed as a confidential employee1 as described in section #geaa7;b77#b77;,c7 of title #e4 #eii,k-#d4 ,jurisdiction 7a7 ,original jurisdiction 7#a7 ,in general ,the jurisdiction of a ,special ,counsel appointed under this chapter shall be established by the ,attorney ,general1 and shall 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 witnesses1 and to conduct appeals arising out of the matter being investigated or prosecuted4 7#b7 ,statement of the matter to be investigated ,the ,special ,counsel shall be provided with a specific factual statement of the matter to be investigated4 7b7 ,additional jurisdiction ,if in the course of the investigation by a ,special ,counsel appointed under this chapter1 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 shall determine whether to include the additional matters within the jurisdiction of the ,special ,counsel or assign them elsewhere4 7c7 ,civil and administrative jurisdiction 7#a7 ,in general ,if in the course of an investigation by a ,special ,counsel appointed under this chapter1 the ,special ,counsel determines that administrative remedies1 civil sanctions1 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 7#b7 ,limitation ,a ,special ,counsel appointed under this chapter shall not have civil or administrative authority unless specifically granted such jurisdiction by the ,attorney ,general4 #eii,k-#e4 ,staff 7a7 ,in general ,a ,special ,counsel appointed under this chapter may request the assignment of appropriate personnel of the ,department to assist the ,special ,counsel4 ,the ,department shall gather and provide the ,special ,counsel with the names and resumes of appropriate personnel available for detail4 ,the ,special ,counsel may also request the detail of specific personnel1 and the office for which the designated personnel work shall make reasonable efforts to accommodate the request4 7b7 ,assignment of duties ,a ,special ,counsel appointed under this chapter shall assign the duties and supervise the work of personnel while they are assigned to the ,special ,counsel4 7c7 ,hiring of additional personnel ,if necessary1 a ,special ,counsel appointed under this chapter may request that additional personnel be hired or assigned from outside the ,department4 7d7 ,cooperation ,all personnel in the ,department shall cooperate to the fullest extent possible with a ,special ,counsel appointed under this chapter4 #eii,k-#f4 ,powers and authority 7a7 ,in general ,subject to the limitations of this chapter1 a ,special ,counsel appointed under this chapter shall exercise1 within the scope of the jurisdiction of the ,special ,counsel1 the full power and independent authority to exercise all investigative and prosecutorial functions of any ,united ,states attorney4 7b7 ,special ,counsel discretion ,except as otherwise provided in this chapter1 a ,special ,counsel appointed under this chapter 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 duties and responsibilities of the ,special ,counsel4 #eii,k-#g4 ,conduct and accountability generally 7a7 ,in general ,a ,special ,counsel appointed under this chapter shall-- 7#a7 comply with the rules1 regulations1 procedures1 practices1 and policies of the ,department2 and 7#b7 consult with appropriate offices within the ,department for guidance with respect to established practices1 policies1 and procedures of the ,department1 including ethics and security regulations and procedures4 7b7 ,extraordinary circumstances ,if a ,special ,counsel appointed under this chapter determines 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 7c7 ,limitation on supervision 7#a7 ,in general ,a ,special ,counsel appointed under this chapter shall not be subject to the day-to-day supervision of any official of the ,department1 except that 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 practices of the ,department that it should not be pursued4 7#b7 ,review ,in conducting a review described in paragraph 7#a71 the ,attorney ,general shall 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 in accordance with section #eii,k-#aj7;a77#c74 7d7 ,disciplinary action for misconduct ,a ,special ,counsel appointed under this chapter1 and any staff of the ,special ,counsel1 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 ,department4 ,inquiries into such matters shall be handled through the appropriate office of the ,department upon the approval of the ,attorney ,general4 #eii,k-#h4 ,limitation on removal of ,special ,counsel and certain other officials 7a7 ,in general ,a ,special ,counsel appointed under this chapter1 or any other official appointed by the ,attorney ,general who exercises a similar degree of independence from the normal chain of command of the ,department1 may be removed from office only by the personal action of an ,attorney ,general who has been confirmed to that position by the ,senate1 or the most senior ,senate-confirmed officer of the ,department listed in section #ejh who is not recused from the matter4 7b7 ,removal for cause ,a ,special ,counsel or other appointed official described in subsection 7a7 may be removed only for misconduct1 dereliction of duty1 incapacity1 conflict of interest1 or other good cause1 including violation of policies of the ,department4 7c7 ,notice of removal 7#a7 ,in general ,the ,attorney ,general or other ,department official described in subsection 7a71 as the case may be1 shall provide written notice to the ,special ,counsel or other appointed official described in subsection 7a7 of the specific reason or reasons for the removal4 7#b7 ,effective date of removal ,except as provided in subsection 7e71 removal under this section shall become effective on the date that is #aj days after the date on which the written notice was provided under paragraph 7#a74 7d7 ,timing ,not later than #aj days after the date on which written notice was provided under subsection 7c77#a71 the ,special ,counsel or other appointed official described in subsection 7a71 as the case may be1 may file an action in the ,united ,states ,district ,court for the ,district of ,columbia challenging the removal in accordance with subsection 7e74 7e7 ,review 7#a7 ,in general ,an individual that received written notice under subsection 7c77#a7 may file an action in accordance with paragraph 7#b7 that the removal was in violation of this chapter4 7#b7 ,requirements ,any action filed under this subsection shall be heard and determined by a court of #c judges not later than #ad days after the date on which the action is filed in accordance with the provisions of section #bbhd1 and an appeal of any final decision shall lie to the ,supreme ,court4 7#c7 ,relief ,if a court determines that the removal of the individual who filed an action under this subsection violates this chapter1 the removal shall not take effect4 ,the court may also provide other appropriate relief4 7#d7 ,status during proceedings 7,a7 ,in general ,at the request of the individual who filed an action under this subsection1 the court shall determine whether the individual shall remain in office during the pendency of the action described in paragraph 7#b74 ,if an individual makes such a request1 the court shall order that the effective date of the removal shall be stayed until the court rules on the request4 7,b7 ,preservation of materials ,during the pendency of an action filed under this subsection1 the personnel1 documents1 and materials of the ,special ,counsel or other appointed official described in subsection 7a7 shall be preserved4 7,c7 ,limitation ,during the pendency of an action filed under this subsection1 a replacement for the ,special ,counsel or other appointed official described in subsection 7a7 who is challenging the removal shall not be designated4 #eii,k-#i4 ,notification and reports by the ,special ,counsel 7a7 ,budget 7#a7 ,in general ,a ,special ,counsel appointed under this chapter shall be provided all appropriate resources by the ,department4 7#b7 ,proposed budget ,not later than #fj days after the date on which a ,special ,counsel is appointed under this chapter1 the ,special ,counsel shall develop a proposed budget for the current fiscal year with the assistance of the ,justice ,management ,division for review and approval by the ,attorney ,general4 7#c7 ,establishment of budget ,based on a proposal developed under paragraph 7#b71 the ,attorney ,general shall establish a budget for the operations of the ,special ,counsel1 which shall include a request for assignment of personnel1 with a description of the qualifications needed4 7#d7 ,additional budget requests ,after a budget has been established under paragraph 7#c71 the ,special ,counsel shall1 not later than #ij days before the beginning of each fiscal year1 report to the ,attorney ,general the status of the investigation1 and provide a budget request for the following fiscal year4 ,the ,attorney ,general shall determine whether the investigation should continue and1 if so1 establish the budget for the next fiscal year4 7b7 ,notification of significant events ,a ,special ,counsel appointed under this chapter shall notify the ,attorney ,general of events in the course of the investigation by the ,special ,counsel in conformity with the guidelines of the ,department with respect to ,urgent ,reports4 7c7 ,closing documentation 7#a7 ,in general ,at the conclusion of the work of a ,special ,counsel appointed under this chapter1 the ,special ,counsel shall submit to the ,attorney ,general1 the ,chairman and ,ranking ,minority ,member of the ,committee on the ,judiciary of the ,senate1 and the ,chairman and ,ranking ,minority ,member of the ,committee on the ,judiciary of the ,house of ,representatives a report detailing the factual findings of the investigation and explaining the prosecution or declination decisions reached by the ,special ,counsel4 ,if the ,attorney ,general granted or denied a request from the ,special ,counsel to change the ,special ,counsel's jurisdiction under section #eii,k-#d7;b71 that information shall be included4 7#b7 ,information required ,the report submitted under paragraph 7#a7 shall include information regarding significant prosecutorial decisions and significant expenditures by the ,office of the ,special ,counsel4 #eii,k-#aj4 ,notification and reports by the ,attorney ,general 7a7 ,in general ,if the ,attorney ,general appoints a ,special ,counsel under this chapter1 the ,attorney ,general shall submit to the ,chairman and ,ranking ,minority ,member of the ,committee on the ,judiciary of the ,senate and the ,chairman and ,ranking ,minority ,member of the ,committee on the ,judiciary of the ,house of ,representatives a written notification1 with a report explaining-- 7#a7 the appointment of the ,special ,counsel2 7#b7 the intent of the ,attorney ,general to remove the ,special ,counsel2 and 7#c7 after the conclusion of the investigation of the ,special ,counsel1 to the extent consistent with applicable law1 any instance 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 ,notice of appointment ,a notification and report under subsection 7a77#a7 shall-- 7#a7 be submitted on the date on which the ,special ,counsel is appointed2 and 7#b7 include-- 7,a7 the factual basis necessitating the appointment of the ,special ,counsel1 including a description of any effort made before appointing the ,special ,counsel to mitigate potential conflicts of interests of relevant individuals or within relevant components2 and 7,b7 a specific factual statement of the matter to be investigated4 7c7 ,notice of removal ,a notification and report under subsection 7a77#b7 shall-- 7#a7 be submitted not later than #cj days before the date on which notice is provided to the ,special ,counsel under section #eii,k-#h7;c77#a72 and 7#b7 include the reasons for the removal4 #eii,k-#aa4 ,no creation of rights ,except as provided in section #eii,k-#h1 this chapter shall not be construed to create any rights1 substantive or procedural1 enforceable at law or equity1 by any person or entity1 in any matter1 civil1 criminal1 or administrative4 4 7b7 ,table of chapters ,the table of chapters for part ,,ii of title #bh1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #dj;,a the following3 #dj;,b4,special ,counsel#eii,k-#a 4 7c7 ,application to existing ,special ,counsel 7#a7 ,in general ,for purposes of applying chapter #dj;,b of title #bh1 ,united ,states ,code1 as added by this ,act1 to a ,special ,counsel who is subject to any provision of part #fjj of title #bh1 ,code of ,federal ,regulations1 and who is serving as a ,special ,counsel on the date of enactment of this ,act-- 7,a7 in addition to the authority under which the ,special ,counsel was originally appointed1 the ,special ,counsel shall be deemed to be a ,special ,counsel appointed under such chapter #dj;,b2 and 7,b7 such chapter #dj;,b shall apply for purposes of any action described in such chapter #dj;,b by or with respect to the ,special ,counsel taken on after the date of enactment of this ,act 7including removing the ,special ,counsel from office74 7#b7 ,removal before enactment 7,a7 ,in general ,section #eii,k-#h of title #bh1 ,united ,states ,code1 as added by this ,act1 shall apply with respect to an individual who was-- 7i7 appointed as a ,special ,counsel after ,january #a1 #bjag2 7ii7 subject to any provision of part #fjj of title #bh1 ,code of ,federal ,regulations2 and 7iii7 removed from office before the date of enactment of this ,act4 7,b7 ,implementation ,if there is a ,special ,counsel who is described in subparagraph 7,a7-- 7i7 not later than #aj days after the date of enactment of this ,act1 the ,attorney ,general shall provide written notice relating to the removal-- 7,i7 to the ,special ,counsel1 that provides the information required under section #eii,k-#h7;c77#a7 of title #bh1 ,united ,states ,code1 as added by this ,act2 and 7,,ii7 to the ,chairman and ,ranking ,minority ,member of the ,committee on the ,judiciary of the ,senate and the ,chairman and ,ranking ,minority ,member of the ,committee on the ,judiciary of the ,house of ,representatives1 that provides the information required under section #eii,k-#aj7;c77#b7 of such title2 7ii7 not later than #aj days after the date on which written notice is provided under clause 7i77,i71 the ,special ,counsel may file an action challenging the removal in accordance with section #eii,k-#h7;e7 of such title2 7iii7 in an action filed under clause 7ii71 the court shall determine whether the removal of the ,special ,counsel meets the requirements for removal under subsections 7a71 7b71 and 7c77#a7 of section #eii,k-#h of such title2 and 7iv7 if a court determines that the removal of the individual who filed an action under clause 7ii7 violates a requirement described in clause 7iii71 the court may order reinstatement or provide other appropriate relief4 7d7 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be invalid or unconstitutional1 the remainder of this ,act1 and the amendments made by this ,act1 and the application of such provisions and amendments to any person or circumstance shall remain and shall not be affected thereby4