Bill Summary
The Special Counsel Transparency Act requires a Special Counsel, appointed by the Attorney General, to prepare a report detailing the findings of their investigation and the reasoning behind any prosecution or declination decisions. This report must be submitted to the Attorney General and relevant committees within 30 days of the Special Counsel completing their investigation or being removed from their position. The report must also include information on any additional jurisdiction given to the Special Counsel and any classified materials may be included in a separate annex. The unclassified version of the report must be made available to the public, unless restricted by law or court order. The act also requires the Special Counsel to submit a report every 180 days on their budget, personnel, and performance. The bill also states that it is the sense of Congress that the Special Counsel should disclose any information to Congress, if allowed by law, and that the investigation should be concluded and reported to the public in a timely manner.
Possible Impacts
1. This legislation could affect the Special Counsel and their team, as they would be required to prepare and submit a report outlining their findings and decisions. This could potentially increase the workload and pressure on the Special Counsel and their team.
2. The legislation also affects the Attorney General, as they would be responsible for providing resources and ensuring the Special Counsel has access to all materials related to the investigation.
3. The availability of the report to the public could also affect the general population, as they would have access to the factual findings and decisions of the investigation. This could potentially impact public perception and opinions on the matter.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1356 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1356
To require a Special Counsel report, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 26, 2019
Mr. Doggett (for himself and Mr. Cicilline) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require a Special Counsel report, 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 Transparency Act''.
SEC. 2. REPORT.
(a) In General.--A Special Counsel (as described in part 600 of
title 28, Code of Federal Regulations, or any successor thereto), or
any other official appointed by the Attorney General who exercises
duties commensurate with those of a Special Counsel and exercises a
similar degree of independence from the normal chain of command of the
Department, shall prepare a report as described in subsection (b) if--
(1) the Special Counsel determines that he or she has
completed his or her investigation; or
(2) the Special Counsel is removed from his or her office,
transferred to another location or position within the
Department of Justice, or resigns before the completion of the
investigation.
(b) Requirements.--Not later than 30 days after the date on which
an event described in paragraph (1) or (2) of subsection (a) occurs,
the Special Counsel shall submit to the Attorney General, the Chairman
and Ranking Member of the Committee on the Judiciary of the Senate, and
the Chairman and Ranking Member of the Committee on the Judiciary of
the House of Representatives a report that--
(1) details the factual findings of the investigation,
including any underlying evidence;
(2) explains the prosecution or declination decisions, if
any, reached by the Special Counsel; and
(3) contains information regarding significant
prosecutorial decisions and significant expenditures by the
Office of the Special Counsel.
(c) Additional Contents.--If, at any time during the course of an
investigation conducted by a Special Counsel, the Special Counsel
consulted with the Attorney General for the purpose of including
additional jurisdiction beyond that specified in the original
jurisdiction of the Special Counsel, information regarding such
consultation shall be included in the report required under subsection
(a), including whether the Attorney General determined to include the
additional matters within the jurisdiction of the Special Counsel or
assign the matters to a different investigator.
(d) Classified Annex.--The report required under subsection (a)
shall be submitted in unclassified form, and may include a classified
annex if necessary.
(e) Availability to the Public.--
(1) In general.--The unclassified form of the report shall
be made available to the public, consistent with section 552a
of title 5, United States Code (commonly known as the ``Privacy
Act of 1974''), other Federal statutes, and the Federal Rules
of Procedure.
(2) Written explanation.--If any information contained in
the report required under subsection (a) is determined to be
classified or is otherwise not made available to the public,
the Attorney General shall submit a written statement to
Congress that explains the reasons for such determination.
(f) Removal or Transfer of Special Counsel.--If the Attorney
General removes or transfers the Special Counsel, the Attorney General
shall communicate to the Chairman and Ranking Member of the Committee
on the Judiciary of the Senate, and the Chairman and Ranking Member of
the Committee on the Judiciary of the House of Representatives the
reasons for such removal or transfer in writing not later than 10 days
after the date on which the Special Counsel submits the report required
under subsection (a).
(g) Compensation; Access to Materials.--For the purposes of
completing the report required under subsection (a), the Special
Counsel shall--
(1) continue to receive a salary and shall be provided such
resources, including staff, as is necessary to complete such
report; and
(2) have access to all materials of the investigation,
unless the access is otherwise restricted by law or court
order.
(h) Additional Reports.--In addition to any report required under
subsection (a) and not later than 180 days after the date of enactment
of this Act or after the appointment of any Special Counsel who was not
appointed as of the date of enactment of this Act, and every 180 days
thereafter, the Special Counsel shall submit to the Attorney General,
the Chairman and Ranking Member of the Committee on the Judiciary of
the Senate, and the Chairman and Ranking Member of the Committee on the
Judiciary of the House of Representatives a report on--
(1) the budgetary requirements and expenditures of the
Office of Special Counsel;
(2) the number and types of personnel, such as trial
attorneys, paralegals, and investigators, employed by or
assigned to the Office of the Special Counsel;
(3) aggregate statistics on the performance of the Office
of the Special Counsel, such as the number of--
(A) persons charged;
(B) persons convicted; and
(C) search warrants sought; and
(4) any other information the Special Counsel determines is
relevant to the nature and circumstances of the investigation
or the operations of the Office of the Special Counsel.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Congress has an important responsibility under the
Constitution of the United States to conduct oversight of the
executive branch, including the Department of Justice;
(2) if a Special Counsel determines that he or she
possesses information that should be disclosed to Congress, as
part of the oversight role of Congress, the Special Counsel
should take all steps not prohibited by law in order to do so,
including information relating to--
(A) any decision of a Special Counsel to resign;
(B) any decision to remove a Special Counsel from
office, or transfer a Special Counsel to another
location or position within the Department of Justice;
or
(C) a determination by a Special Counsel that he or
she has become too circumscribed in jurisdiction or
authorization to effectively continue the investigation
to completion;
(3) an investigation undertaken by a Special Counsel is, by
its nature, one of great political and civic importance;
(4) the public has a substantial interest in receiving the
conclusions of the Special Counsel at the earliest possible
time; and
(5) the Special Counsel should conclude the investigation
as soon as practicable and to report on his or her findings to
the people of the United States.
<all>