[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1741 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1741

To ensure independent investigations by allowing judicial review of the 
         removal of a special counsel, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2017

 Mr. Tillis (for himself and Mr. Coons) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To ensure independent investigations by allowing judicial review of the 
         removal of a special counsel, and for other purposes.

    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 ``Special Counsel Integrity Act''.

SEC. 2. LIMITATION ON REMOVAL OF SPECIAL COUNSEL.

    (a) In General.--A special counsel appointed under Department of 
Justice regulations may be disciplined or removed from office only by 
the personal action of an Attorney General who has been confirmed by 
the Senate, or, if the Attorney General is recused from the matter, the 
most senior Department of Justice official who has been confirmed by 
the Senate and is not recused from the matter.
    (b) Cause for Removal.--A special counsel appointed under 
Department of Justice regulations may only be removed for misconduct, 
dereliction of duty, incapacity, conflict of interest, or other good 
cause, including violation of policies of the Department of Justice.
    (c) Notice of Removal.--The Attorney General, or other Department 
of Justice official described in subsection (a), as the case may be, 
shall inform the special counsel in writing of the specific reason for 
the removal.
    (d) Review.--
            (1) In general.--An individual removed under subsection (b) 
        may file an action in accordance with paragraph (2) that the 
        removal was in violation of this section.
            (2) Requirements.--An action filed under this subsection 
        shall be heard and determined by a court of 3 judges not later 
        than 14 days after the date on which the action is filed in 
        accordance with the provisions of section 2284 of title 28, 
        United States Code, and any appeal shall lie to the Supreme 
        Court.
            (3) Reinstatement.--If a court determines that an 
        individual was removed from a position in violation of this 
        section, the individual shall be immediately reinstated to the 
        position of special counsel.
    (e) Effective Date.--This Act shall apply to any special counsel 
appointed on or after May 17, 2017.
                                 <all>