S. 1741Senate115th Congress (2017-2019)In Committee

Special Counsel Integrity Act

Introduced August 3, 2017

AI-Generated Summary

Updated April 15, 2026 at 5:52 PM UTC

The Special Counsel Integrity Act sets strict limits on who can fire a special counsel and why, aiming to protect the independence of investigations. It requires removal only by a confirmed Attorney General or senior DOJ official, and only for defined causes such as misconduct or conflict of interest. The act also creates a fast‑track judicial review process, allowing a removed counsel to challenge the decision in court and be reinstated if the removal is found improper. The law applies to special counsels appointed after May 17, 2017.

Key Provisions

  • Only the Attorney General (if confirmed by the Senate) or, if the AG is recused, the most senior confirmed DOJ official who isn’t recused can discipline or remove a special counsel.
  • A special counsel can be removed only for misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause such as violating DOJ policies.
  • The official removing the counsel must give the counsel a written notice stating the specific reason for removal.
  • The removed counsel may sue to challenge 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 counsel is immediately reinstated.
  • The rules apply to any special counsel appointed on or after May 17, 2017.

Legislative Activity

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2 earlier actions
SenateCommittee Latest Action

Committee on the Judiciary. Hearings held.

September 26, 2017

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SenateIntro Referral

Introduced in Senate

August 3, 2017

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

August 3, 2017

SenateCommittee

Committee on the Judiciary. Hearings held.

September 26, 2017

Floor Debate

1 member

What members said about S. 1741 on the floor

1 Democrat
Steve Cohen
Rep. Steve CohenD-TN-9 · Mar 19, 2018

Mr. Speaker, today, I rise to talk about the events of Friday night and concern for the continued special counsel position of Robert Mueller. On Friday night, late, the Deputy Director of the FBI,…

Bill Text

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Introduced in SenateIssued August 3, 2017

II

115th CONGRESS

1st Session

S. 1741

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.

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.