H.R. 5476House115th Congress (2017-2019)In Committee

Special Counsel Independence and Integrity Act

Introduced April 11, 2018

AI-Generated Summary

Updated April 15, 2026 at 9:08 PM UTC

The Special Counsel Independence and Integrity Act would make it harder to fire a special counsel or similarly independent DOJ official. It says only the Attorney General (or the next‑senior, non‑recused DOJ official) can remove them, and only for specific reasons such as misconduct or conflict of interest. The bill also gives the removed official a quick way to challenge the dismissal in court, aiming to protect the independence of investigations.

Key Provisions

  • Removal can be done only by the Senate‑confirmed Attorney General, or if the AG is recused, by the next‑senior Senate‑confirmed DOJ official who is not recused.
  • A special counsel may be removed only for misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause.
  • The AG (or senior official) must give written notice of the reasons for removal, and the removal does not take effect until 10 days after that notice.
  • The removed official has 10 days to file a lawsuit challenging the removal; the case is 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, it stops the removal and may allow the official to stay in office while the case proceeds; all staff, documents, and materials must be preserved, and no replacement can be named during the challenge.
  • The rules apply to any special counsel or similar official appointed on or after Jan. 1, 2017.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

April 11, 2018

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HouseIntro Referral

Introduced in House

April 11, 2018

HouseIntro Referral

Referred to the House Committee on the Judiciary.

April 11, 2018

Floor Debate

11 members

What members said about H.R. 5476 on the floor

1 Republican10 Democrats
Pete Sessions
Rep. Pete SessionsR-TX-32 · Sep 27, 2018

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1084 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Sep 27, 2018

Mr. Speaker, I yield myself such time as I may consume. (Mr. McGOVERN asked and was given permission to revise and extend his remarks.) Mr. Speaker, I want to thank the gentleman from Texas, my good…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Apr 12, 2018

Mr. Speaker, as a senior Member of the Judiciary Committee, and an original co-sponsor, I rise today to urge all Members to support and cosponsor H.R. 5476, ``Special Counsel Independence and…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 27, 2018

Mr. Speaker, I rise in strong opposition to H. Res. 1084, the rule governing debate for H.R. 6756, the American Innovation Act of 2018,'' H.R. 6757 ``Family Savings Act of 2018,'' and H.R. 6760…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Sep 27, 2018

Mr. Speaker, I stand here because, earlier this week, we were confronted with the threat of Deputy Attorney General Rod Rosenstein's firing. On Monday, Mr. Rosenstein was summoned to the White House,…

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Adam B. Schiff
Rep. Adam B. SchiffD-CA-28 · Sep 27, 2018

Mr. Speaker, the 115th Congress will soon come to an end. There is much work that we will leave undone, but none so consequential to our democracy as the failure to pass legislation to protect…

Eric Swalwell
Rep. Eric SwalwellD-CA-15 · Sep 27, 2018

Mr. Speaker, I urge my colleagues to defeat this previous question so that we can immediately take up Mr. Nadler's legislation that would protect Bob Mueller's special counsel investigation. The rule…

John A. Yarmuth
Rep. John A. YarmuthD-KY-3 · Sep 27, 2018

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, just 8 months ago, the Republicans jammed through their massive, unpaid-for tax cut. Not a single Democrat voted for that bill, and for…

Gene Green
Rep. Gene GreenD-TX-29 · Sep 27, 2018

Mr. Speaker, I rise today to speak out against H.R. 6760, the Protecting Family and Small Business Tax Cuts Acts of 2018, along with the two other bills packaged into what is being called Tax Reform…

Norma J. Torres
Rep. Norma J. TorresD-CA-35 · Sep 27, 2018

Mr. Speaker, the GOP tax scam has been nothing but a giveaway to millionaires and corporations. This Republican majority is adding trillions--trillions--of dollars to our national debt, debt that our…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Apr 17, 2018

Mr. Speaker, it is my task this morning to encourage my colleagues to adhere to the rule of law. In keeping with that, my colleagues on the Judiciary Committee--Mr. Nadler, the ranking member,…

Steve Cohen
Rep. Steve CohenD-TN-9 · Sep 27, 2018

Mr. Speaker, I am here to urge this House to defeat the previous question so that we can hear H.R. 5476, a bipartisan bill to protect the Special Counsel, Mr. Mueller. It is important for democracy…

Gwen Moore
Rep. Gwen MooreD-WI-4 · Sep 27, 2018

Mr. Speaker, hallelujah. Let the Republican majority tell it. The American people are just going to be so thrilled with tax scam 2.0 where we permanently lock in obscene tax advantages for…

Bill Text

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Introduced in HouseIssued April 11, 2018

I

115th CONGRESS

2d Session

H. R. 5476

IN THE HOUSE OF REPRESENTATIVES

April 11, 2018

Mr. Nadler (for himself, Ms. Jackson Lee, and Mr. Cohen) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To ensure independent investigations and 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 Independence and Integrity Act.

2.

Limitation on removal of special counsel

(a)

In general

A special counsel appointed by the Attorney General, or any other official appointed by the Attorney General who exercises a similar degree of independence from the normal Department of Justice chain of command, may be 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)

Removal for cause

A special counsel or other appointed official described in subsection (a) may be removed only 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

(1)

In general

The Attorney General or other Department of Justice official described in subsection (a), as the case may be, shall provide written notice to the special counsel or other appointed official described in subsection (a) of the specific reason or reasons for the removal.

(2)

Effective date of removal

Except as provided in subsection (e), removal under this section shall become effective on the date that is 10 days after the date on which the written notice was provided under paragraph (1).

(d)

Timing

Not later than 10 days after the date on which written notice was provided under subsection (c)(1), the special counsel or other appointed official described in subsection (a), as the case may be, may file an action challenging the removal in accordance with subsection (e).

(e)

Review

(1)

In general

An individual that received written notice under subsection (c)(1) may file an action in accordance with paragraph (2) that the removal was in violation of this Act.

(2)

Requirements

Any 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)

Relief

If a court determines that the removal of the individual who filed an action under this subsection violates this Act, the removal shall not take effect. The court may also provide other appropriate relief.

(4)

Status during proceedings

(A)

In general

At the request of the individual who filed an action under this subsection, the court shall determine whether the individual shall remain in office during the pendency of the action described in paragraph (2).

(B)

Preservation of materials

During the pendency of an action filed under this subsection, the staff, documents, and materials of the special counsel or other appointed official described in subsection (a) shall be preserved.

(C)

Limitation

During the pendency of an action filed under this subsection, a replacement for the special counsel or other appointed official described in subsection (a) who is challenging the removal shall not be designated.

(f)

Effective date

This Act shall apply to any special counsel or other appointed official described in subsection (a) appointed on or after January 1, 2017.

(g)

Severability

If any provision of this Act or the application of such provision to any person or circumstance is held to be invalid or unconstitutional, the remainder of this Act and the application of the provisions of this Act to any person or circumstance shall remain and shall not be affected thereby.