H.R. 3771 – Special Counsel Integrity Act

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Updated April 15, 2026 at 6:08 PM UTC

The Special Counsel Integrity Act would make it harder to fire a special counsel by limiting who can remove them and why. Only a Senate‑confirmed Attorney General, or a senior DOJ official if the AG is recused, could remove a special counsel, and only for specific causes such as misconduct or conflict of interest. The law also creates a fast‑track court process to challenge a removal, with the possibility of reinstatement, and it applies to special counsels appointed after May 17 2017.

Key Provisions

Removal authority is limited to the Attorney General (if confirmed by the Senate) or, if the AG is recused, the most senior non‑recused, Senate‑confirmed DOJ official.
A special counsel can be removed only for misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause, including DOJ policy violations.
The removing official must provide the special counsel with a written notice stating the specific reason for removal.
The removed special counsel may file a lawsuit challenging the removal; the case must be heard by a three‑judge panel within 14 days, with any appeal going directly to the Supreme Court.
If a court finds the removal unlawful, the special counsel is immediately reinstated to their position.
The Act applies only to special counsels appointed on or after May 17 2017.

Legislative Activity

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2 earlier actions

HouseFloor Latest Action

ASSUMING FIRST SPONSORSHIP - Mr. Cohen asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 3771, a bill originally introduced by Representative Conyers, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.

December 14, 2017 • 11:27 AM

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HouseIntro Referral

Introduced in House

September 14, 2017

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

September 14, 2017

HouseFloor

ASSUMING FIRST SPONSORSHIP - Mr. Cohen asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 3771, a bill originally introduced by Representative Conyers, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.

December 14, 2017 • 11:27 AM

Floor Debate

1 member

What members said about H.R. 3771 on the floor

1 Democrat

Rep. Steve CohenD-TN-9 · Dec 14, 2017

Mr. Speaker, I ask unanimous consent that I may hereafter be considered as the first sponsor of H.R. 3771, a bill originally introduced by Representative Conyers of Michigan, for the purposes of…

Bill Text

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Introduced in HouseIssued September 14, 2017

I

115th CONGRESS

1st Session

H. R. 3771

IN THE HOUSE OF REPRESENTATIVES

September 14, 2017

Mr. Conyers (for himself and Mr. Jones) introduced the following bill; which was 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.

1.

Short title

This Act may be cited as the Special Counsel Integrity Act.

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.