THE FEDERAL LAW ENFORCEMENT COUNCIL ACT¶

Establishing Independent, Accountable Federal Law Enforcement Through Multi-Member Governance¶

Revision 1.0¶

TITLE I: GENERAL PROVISIONS¶

Section 101. Short Title¶

This Act may be cited as the "Federal Law Enforcement Council Act."

Section 102. Congressional Findings¶

Congress finds that:

Structural Vulnerability: The concentration of federal law enforcement authority in a single officer -- the Attorney General -- serving at the pleasure of the President creates a structural vulnerability in which the entire federal prosecution apparatus may be captured by the Executive for political purposes.
Norm Failure: The historical norm of Department of Justice independence from presidential interference in specific cases, prosecutorial decisions, and investigative conduct has proven insufficient to prevent the weaponization of federal law enforcement against political adversaries or the shielding of political allies from accountability.
Conflation of Functions: The current structure conflates two fundamentally distinct functions -- the communication of legitimate executive enforcement priorities and the exercise of independent prosecutorial judgment -- in a single officer beholden to the President, creating an inherent conflict between political loyalty and legal obligation.
Multi-Member Governance Works: The United States has extensive experience with independent multi-member commissions exercising substantial governmental authority with structural independence from presidential control. The Federal Reserve Board, the Federal Trade Commission, the Securities and Exchange Commission, and the National Labor Relations Board demonstrate that multi-member governance with staggered terms and for-cause removal protections produces institutional independence while remaining within constitutional constraints.
Individual Capture vs. Institutional Resilience: Individuals can be pressured, intimidated, fired, and replaced. Multi-member bodies with staggered terms, supermajority decision requirements for consequential actions, and for-cause removal protections are structurally resistant to capture because no single actor can control a majority of members at any given time.
Documentation as Structural Safeguard: When communications between political authorities and law enforcement are required to be formally documented through a single authorized channel to have legal standing, informal pressure -- whether through social media, telephone calls, intermediaries, or other undocumented means -- is defined out of legal existence rather than merely prohibited. Documentation requirements create self-enforcing transparency without requiring active monitoring.
Career Workforce Under Threat: The career prosecutors, investigators, and professional staff of the Department of Justice require enhanced structural protections against political purges, retaliatory reassignment, and conditioning of career advancement on political loyalty. Professional law enforcement personnel serve the law and the Constitution, not political patrons.
Constitutional Compatibility: The reforms established by this Act operate within the constraints of the United States Constitution as interpreted by the Supreme Court. Presidential appointment with Senate confirmation is preserved for principal officers. For-cause removal protections for members of multi-member bodies have been upheld since Humphrey's Executor v. United States (1935) and have been repeatedly reaffirmed, including in Seila Law LLC v. CFPB (2020) and Collins v. Yellen (2021), which distinguished and preserved the multi-member body precedent.

Section 103. Purpose¶

The purposes of this Act are to:

Abolish the Attorney General as a single officer and replace the office with a multi-member Federal Law Enforcement Council structurally resistant to capture by any single political actor.
Separate Policy from Prosecution by creating a Law Enforcement Secretary to communicate executive enforcement priorities while vesting all prosecutorial authority exclusively in the Council.
Mandate Documentation for all communications between the Executive and the Council, ensuring that only formally documented policy direction has legal standing and that informal pressure carries no legal force.
Protect Career Professionals through enhanced civil service protections, prohibited personnel practices specific to law enforcement, and whistleblower protections with criminal penalties for retaliation.
Ensure Transparency through prosecution pattern reporting, Government Accountability Office audits, congressional testimony requirements, and public disclosure of Executive-Council communications on a defined schedule.
Preserve Presidential Authority within constitutional bounds by maintaining presidential appointment of Council members with Senate confirmation, maintaining a cabinet-level Law Enforcement Secretary as the President's policy voice, and maintaining the President's ability to remove Council members for documented cause through transparent procedures.

Section 104. Definitions¶

For purposes of this Act:

Council: The Federal Law Enforcement Council established by Title II of this Act.
Council Member: An individual appointed to serve on the Federal Law Enforcement Council pursuant to Section 201.
Chair: The Council Member serving as rotating Chair of the Council pursuant to Section 206.
Director of Operations: The career professional appointed by the Council pursuant to Title V to manage the day-to-day operations of federal law enforcement.
Law Enforcement Secretary: The presidential cabinet member established by Title III of this Act, whose function is limited to communicating executive enforcement priorities to the Council.
Documented Policy Direction: A formal written communication transmitted from the Law Enforcement Secretary to the Council through the Authorized Communication Channel established by Section 401, acknowledged in writing by the Council, and preserved in the Documentation Registry established by Section 404.
Authorized Communication Channel: The sole formal channel through which the Executive may transmit enforcement policy direction to the Council, as established by Section 401.
Documentation Registry: The official record of all communications between the Executive and the Council, maintained by the Clerk of the Council pursuant to Section 404.
Undocumented Communication: Any communication regarding law enforcement policy, priorities, or operations transmitted from any officer or employee of the Executive to any member of the Council or any employee of the Department of Justice outside the Authorized Communication Channel. Undocumented Communications have no legal standing and create no obligation on the part of the Council or any employee of the Department of Justice.
Case-Specific Communication: Any communication regarding a specific investigation, prosecution, enforcement action, declination, plea agreement, sentencing recommendation, target, subject, or witness in any matter before the Department of Justice.
Lawful Policy Directive: A Documented Policy Direction that addresses categories of enforcement priorities, resource allocation among enforcement areas, or general law enforcement policy -- and that does not direct action regarding any specific case, target, individual, or entity.
For-Cause Removal: Removal of a Council Member based on documented grounds as defined in Section 209, following the procedures established therein.
Senior U.S. Attorney: A United States Attorney measured by cumulative length of service as a United States Attorney, excluding any period of acting or interim service, used for purposes of the automatic vacancy succession mechanism established in Section 210.
Special Counsel: An attorney appointed by the Council pursuant to Title VII to conduct investigations and prosecutions in matters where the Council's direct involvement would create a conflict of interest.

TITLE II: THE FEDERAL LAW ENFORCEMENT COUNCIL¶

Section 201. Establishment¶

(a) Creation¶

There is established the Federal Law Enforcement Council, which shall exercise all authority, functions, and duties previously vested by law in the Attorney General of the United States and the Department of Justice.

(b) Abolition of the Office of the Attorney General¶

The office of the Attorney General of the United States is abolished. All statutory references to the Attorney General shall be construed as references to the Federal Law Enforcement Council, except where context requires reference to an individual officer, in which case the reference shall be construed as a reference to the Chair of the Council or the Director of Operations as appropriate to the function described.

(c) Department of Justice Continuation¶

The Department of Justice shall continue as a department of the executive branch, with all existing subdivisions, offices, and personnel, subject to the governance structure established by this Act.

Section 202. Composition¶

(a) Membership¶

The Council shall consist of seven members, nominated by the President and confirmed by the Senate.

(b) Partisan Balance¶

No more than four Council Members may be registered members of the same political party at the time of appointment. For purposes of this subsection, an individual registered as an independent or with no party affiliation shall not be counted toward any party's total.

(c) Geographic Diversity¶

The President should seek geographic diversity among nominees to the Council, provided that geographic diversity shall not override the qualifications requirements of Section 203.

Section 203. Qualifications¶

(a) Required Qualifications¶

Each Council Member shall:

Be admitted to the practice of law in at least one state, territory, or the District of Columbia, or before at least one federal court;
Possess demonstrated professional experience in criminal law, federal practice, law enforcement administration, or a closely related field;
Not have been convicted of any felony;
Not have held any partisan political office -- whether federal, state, or local -- within the five years preceding nomination;
Not have served in a leadership role in any political party -- whether national, state, or local -- within the five years preceding nomination;
Not have been a registered lobbyist within the five years preceding nomination.

(b) Disqualifying Conflicts¶

No individual may serve as a Council Member while:

Holding any other federal, state, or local office;
Engaging in the private practice of law;
Serving as an officer, director, or employee of any entity subject to regulation or enforcement by the Department of Justice.

Section 204. Terms of Office¶

(a) Term Length¶

Each Council Member shall serve a term of seven years.

(b) Non-Renewability¶

No Council Member may be reappointed to a second consecutive term. A former Council Member may be nominated for a subsequent non-consecutive term, provided that at least seven years have elapsed since the conclusion of the prior term.

(c) Staggered Terms¶

Terms shall be staggered so that no more than one term expires in any calendar year. The schedule of term expirations shall be established pursuant to the transition provisions of Title XIII.

(d) Holdover Service¶

A Council Member whose term has expired may continue to serve until a successor has been confirmed by the Senate, but in no case for more than one year beyond the expiration of the term.

Section 205. Compensation¶

Council Members shall receive compensation equivalent to Level I of the Executive Schedule (5 U.S.C. Section 5312), reflecting the scope and significance of the responsibilities exercised.

Section 206. Chair¶

(a) Rotation¶

The position of Chair shall rotate annually among Council Members in order of seniority of appointment. The rotation shall occur on the anniversary of the Act's effective date.

(b) Chair Authority¶

The Chair shall:

Preside over Council meetings and set meeting agendas;
Serve as the Council's primary public spokesperson for routine communications;
Sign formal documents on behalf of the Council when authorized by Council vote;
Represent the Council in congressional testimony, unless the Council designates another member for a specific hearing;
Receive Documented Policy Directions from the Law Enforcement Secretary on behalf of the Council.

(c) Limitations on Chair Authority¶

The Chair shall not:

Cast a tiebreaking vote (in the event of a tie, the matter fails);
Issue directives to the Director of Operations independent of Council authorization;
Exercise any prosecutorial, investigative, or enforcement authority independent of the Council;
Speak on behalf of the Council regarding matters on which the Council has not voted, except for routine administrative communications.

Section 207. Meetings and Quorum¶

(a) Regular Meetings¶

The Council shall meet at least twice monthly in regular session. Special sessions may be called by any two Council Members or by the Chair.

(b) Quorum¶

Five Council Members, including any members serving in an acting capacity pursuant to Section 210, shall constitute a quorum for the transaction of business.

(c) Deliberation Records¶

The Council shall maintain records of all deliberations, votes, and decisions. Deliberation records shall be preserved as permanent federal records and shall be subject to the transparency and disclosure provisions of Title XI.

Section 208. Recusal¶

(a) Mandatory Recusal¶

A Council Member shall recuse from any matter in which:

The Council Member has a personal, financial, or familial interest;
The Council Member's participation would create an appearance of impropriety that would undermine public confidence in the Council's independence;
The matter involves an individual or entity with whom the Council Member had a professional relationship within the five years preceding appointment.

(b) Recusal Documentation¶

Each recusal shall be documented in writing, stating the basis for recusal, and filed with the Clerk of the Council. Recusal records shall be available to the Inspector General and to the Judiciary Committees of both chambers.

(c) Effect on Quorum¶

When recusals reduce participation below quorum, the Council shall invoke the acting vacancy mechanism established in Section 210(a) to restore quorum for that matter.

Section 209. Removal of Council Members¶

(a) Grounds for Removal¶

A Council Member may be removed only for:

Incapacity that renders the member unable to discharge the duties of office;
Substantial neglect of duty;
Malfeasance in office;
Conviction of a felony;
Violation of the ethical standards established by this Act, including the prohibited communications provisions of Title IV.

(b) Excluded Grounds¶

The following shall not constitute grounds for removal:

Policy disagreement with the President, the Law Enforcement Secretary, or any other executive officer;
Political affiliation or change in political affiliation;
Professional legal advice or prosecutorial judgment provided to or exercised by the Council;
Refusal to act on Undocumented Communications;
Refusal to pursue investigations or prosecutions that career professionals of the Department of Justice have determined lack sufficient legal basis;
Testimony before Congress;
Cooperation with the Inspector General.

(c) Procedures¶

The President shall provide written notice of intent to remove a Council Member, specifying the grounds for removal with supporting documentation, to the Judiciary Committees of both chambers not fewer than thirty days before the proposed removal.
The Council Member subject to removal proceedings shall have the right to respond in writing to the stated grounds and to testify before the Judiciary Committee of either chamber.
The Inspector General shall, within the thirty-day notice period, provide an independent assessment to both Judiciary Committees of whether the stated grounds are supported by available evidence.
The remaining Council Members shall, within the thirty-day notice period, issue a public assessment of whether the stated grounds are supported. This assessment is advisory and does not constitute a veto.
Following the thirty-day notice period, the President may proceed with removal. The removal and all associated documentation -- including the President's stated grounds, the Council Member's response, the Inspector General's assessment, and the remaining Council Members' assessment -- shall be made public.

(d) Judicial Review¶

A removed Council Member may seek judicial review in the United States Court of Appeals for the District of Columbia Circuit. The court shall review de novo whether the stated grounds for removal constitute one or more of the enumerated grounds in Subsection 209(a).

Section 210. Vacancies¶

(a) Automatic Interim Succession¶

When a Council seat becomes vacant -- whether through expiration of term without a confirmed successor, removal, resignation, death, or incapacity -- the Senior U.S. Attorney who is not already serving on the Council or in an acting capacity on the Council shall immediately fill the seat in an acting capacity with full voting authority.

(b) Nomination Deadline¶

The President shall submit a nomination to fill the vacancy within sixty days of the vacancy occurring.

(c) Confirmation Deadline¶

The Senate shall hold a confirmation vote on the nomination within one hundred twenty days of receiving the nomination.

(d) Consequence of Inaction¶

If the President fails to submit a nomination within the sixty-day deadline, or if the Senate fails to hold a confirmation vote within the one hundred twenty-day deadline, the acting member's status shall convert to an interim appointment for the remainder of the unexpired term. The interim appointee shall serve with full authority and may not be removed except through the for-cause procedures of Section 209.

(e) Acting Member Qualifications¶

An acting Council Member serving pursuant to this section is not required to meet the qualifications of Section 203 beyond those already required for service as a United States Attorney, but shall be subject to all ethical obligations, recusal requirements, and other duties applicable to Council Members.

TITLE III: THE LAW ENFORCEMENT SECRETARY¶

Section 301. Establishment¶

(a) Creation¶

There is established the position of Law Enforcement Secretary, who shall serve as a member of the President's Cabinet.

(b) Appointment and Removal¶

The Law Enforcement Secretary shall be nominated by the President, confirmed by the Senate, and shall serve at the pleasure of the President.

Section 302. Function¶

(a) Sole Function¶

The Law Enforcement Secretary's function is to communicate the President's enforcement policy priorities to the Federal Law Enforcement Council through the Authorized Communication Channel established by Title IV.

(b) Authority Limitations¶

The Law Enforcement Secretary shall not:

Exercise any prosecutorial, investigative, or enforcement authority;
Issue directives to the Director of Operations, any United States Attorney, any agent of the Federal Bureau of Investigation, or any other employee of the Department of Justice;
Access case files, investigative records, grand jury materials, or any other non-public law enforcement information except as necessary for the communication of general enforcement priorities;
Participate in, observe, or receive reports on any specific investigation, prosecution, or enforcement action;
Communicate with any employee of the Department of Justice regarding any specific case, target, subject, or witness.

(c) Policy Communication¶

The Law Enforcement Secretary may communicate to the Council:

The President's enforcement priority areas for the coming fiscal year or other appropriate period;
Requests for information regarding enforcement resource allocation across categories of cases;
Coordination on proposed legislation affecting federal law enforcement;
Requests for the Council's assessment of emerging enforcement challenges.

All such communications shall be transmitted through the Authorized Communication Channel and documented pursuant to Title IV.

Section 303. Staff and Resources¶

The Law Enforcement Secretary shall be supported by a staff adequate to the limited function of the office. The staff of the Law Enforcement Secretary shall have no authority over Department of Justice personnel and no access to non-public Department of Justice information.

TITLE IV: EXECUTIVE-COUNCIL COMMUNICATION PROTOCOL¶

Section 401. Authorized Communication Channel¶

(a) Single Channel Requirement¶

All communications between the Executive and the Council regarding law enforcement policy, priorities, or operations shall be transmitted through a single Authorized Communication Channel, which shall consist of formal written correspondence on official letterhead, transmitted from the Office of the Law Enforcement Secretary to the Office of the Chair of the Council.

(b) Format Requirements¶

Each Documented Policy Direction shall:

Be transmitted in writing on official letterhead of the Law Enforcement Secretary;
Be signed by the Law Enforcement Secretary or, in the Secretary's absence, by a single designated deputy identified in writing to the Council in advance;
Identify the specific enforcement policy area addressed;
State the policy direction with sufficient specificity to permit a substantive Council response;
Be transmitted to the Office of the Chair and simultaneously to all Council Members.

Section 402. Prohibition on Case-Specific Communications¶

(a) Absolute Prohibition¶

No officer or employee of the Executive Office of the President, any executive department, or any executive agency -- including the Law Enforcement Secretary and the staff of the Law Enforcement Secretary -- shall transmit to any Council Member or any employee of the Department of Justice any Case-Specific Communication.

(b) Exceptions¶

The prohibition of Subsection 402(a) does not apply to:

Communications regarding the President's personal legal representation in matters where the President is a party, which shall be conducted through the Office of White House Counsel and directed to the appropriate Department of Justice component, and which shall be documented and logged;
Routine interagency coordination on matters of administration, facilities, information technology, and other operational support that do not touch on prosecutorial, investigative, or enforcement decisions;
National security coordination conducted pursuant to Title XII.

Section 403. Council Response Protocol¶

(a) Acknowledgment¶

The Council shall acknowledge receipt of each Documented Policy Direction in writing within five business days. The acknowledgment shall be transmitted to the Law Enforcement Secretary and filed in the Documentation Registry.

(b) Substantive Response¶

The Council shall provide a substantive written response to each Documented Policy Direction within sixty days. The response shall:

Address the policy direction on its merits;
State the Council's assessment of operational feasibility, resource implications, and legal considerations;
Describe any actions the Council intends to take in response, or state the Council's reasons for declining to take the requested action;
Be approved by majority vote of the Council.

(c) Follow-Up¶

The Law Enforcement Secretary may transmit follow-up communications regarding a prior Documented Policy Direction through the same Authorized Communication Channel. Follow-up communications are subject to all requirements of this Title.

Section 404. Documentation Registry¶

(a) Establishment¶

There is established a Documentation Registry, maintained by the Clerk of the Council, which shall constitute the official and complete record of all communications between the Executive and the Council.

(b) Contents¶

The Documentation Registry shall contain:

All Documented Policy Directions transmitted by the Law Enforcement Secretary;
All Council acknowledgments and substantive responses;
All follow-up communications;
Timestamps of transmission and receipt for all entries;
Records of Council votes on substantive responses;
Any reports of Undocumented Communications received pursuant to Section 405.

(c) Preservation¶

The Documentation Registry shall be maintained as a permanent federal record subject to the Federal Records Act. No entry in the Registry may be altered or deleted.

(d) Congressional Access¶

The Judiciary Committees of both chambers shall have access to the complete Documentation Registry at all times, subject to reasonable procedures to protect classified information.

(e) Public Disclosure¶

Entries in the Documentation Registry shall be disclosed to the public no later than two years after the date of transmission, or upon the conclusion of any investigation or prosecution referenced in the communication, whichever occurs first. The Council may delay disclosure of specific entries for an additional period not to exceed one year upon a written finding that disclosure would compromise an active investigation, provided that such finding is reported to both Judiciary Committees.

Section 405. Undocumented Communications¶

(a) No Legal Standing¶

Undocumented Communications have no legal standing and create no obligation, duty, or expectation on the part of the Council, any Council Member, the Director of Operations, or any employee of the Department of Justice.

(b) Duty to Report¶

Any Council Member or employee of the Department of Justice who receives an Undocumented Communication from any officer or employee of the Executive regarding law enforcement policy, priorities, or operations -- and any Case-Specific Communication regardless of source -- shall report the communication to the Inspector General and the Clerk of the Council within seventy-two hours. The report shall identify the communicating individual, the substance of the communication, and the date and manner of transmission.

(c) Whistleblower Protection¶

A Council Member or Department of Justice employee who reports an Undocumented Communication or Case-Specific Communication pursuant to Subsection 405(b) is a protected whistleblower under Title X of this Act.

(d) Failure to Report¶

Failure by a Council Member to report an Undocumented Communication or Case-Specific Communication within seventy-two hours constitutes substantial neglect of duty and grounds for removal pursuant to Section 209. Failure by a Department of Justice employee to report constitutes a prohibited personnel practice subject to disciplinary action.

(e) Acting on Undocumented Communications¶

A Council Member who takes official action based on an Undocumented Communication -- including initiating, directing, prioritizing, deprioritizing, or terminating any investigation, prosecution, or enforcement action -- has acted without lawful authority. Such action constitutes malfeasance in office and grounds for removal pursuant to Section 209.

Section 406. Internal Communication Protocol¶

(a) Council-to-Operations Chain¶

Directives from the Council to the Director of Operations, and from the Director of Operations to United States Attorneys, the Federal Bureau of Investigation, and other Department of Justice components, shall be documented in writing and preserved as Department records.

(b) Format¶

Internal directives shall identify the Council vote authorizing the directive, the date, and the substance of the direction. Operational directives from the Director of Operations implementing Council policy shall reference the authorizing Council decision.

TITLE V: DIRECTOR OF OPERATIONS¶

Section 501. Establishment¶

(a) Creation¶

There is established the position of Director of Operations of the Department of Justice.

(b) Appointment¶

The Director of Operations shall be appointed by the Council by a vote of not fewer than five Council Members, following a merit-based selection process conducted by the Council.

(c) Qualifications¶

The Director of Operations shall:

Be admitted to the practice of law in at least one jurisdiction;
Possess substantial experience in federal law enforcement administration;
Meet the qualifications established by Section 203(a)(3) through (6).

Section 502. Authority and Responsibilities¶

(a) Day-to-Day Operations¶

The Director of Operations shall manage the day-to-day operations of the Department of Justice, including:

Supervision of all United States Attorney offices;
Coordination of Federal Bureau of Investigation operations within parameters established by the Council;
Allocation of investigative and prosecutorial resources within budgets and priorities established by the Council;
Management of Department administrative functions, human resources, and facilities;
Execution of Council directives.

(b) Council Relationship¶

The Director of Operations shall:

Attend all Council meetings and provide operational briefings;
Report to the Council on Department operations, emerging issues, and resource needs;
Implement Council decisions and report on implementation progress;
Bring to the Council's attention any matter that rises to the significance requiring Council-level decision under Title VI.

The Director of Operations shall not vote on Council decisions.

(c) Limitations¶

The Director of Operations shall not:

Make decisions reserved to the Council under Title VI without Council authorization;
Communicate with the Law Enforcement Secretary or any officer or employee of the Executive regarding specific cases, investigations, or enforcement actions;
Exercise authority independent of Council direction on matters of prosecution policy, enforcement priorities, or significant personnel actions.

Section 503. Tenure and Removal¶

(a) Service¶

The Director of Operations shall serve at the pleasure of the Council. No fixed term is established; the Director serves for as long as the Council's confidence is maintained.

(b) Removal¶

The Council may remove the Director of Operations by a vote of not fewer than five Council Members. Removal shall be documented with stated reasons.

(c) Acting Director¶

When the position of Director of Operations is vacant, the most senior Deputy Director of the Department of Justice shall serve as Acting Director until the Council appoints a successor.

TITLE VI: DECISION AUTHORITY AND VOTING THRESHOLDS¶

Section 601. Tiered Decision Authority¶

(a) Simple Majority Decisions (Four of Seven)¶

The following decisions require a simple majority vote of the Council:

Routine operational policy guidance to the Director of Operations;
Resource allocation adjustments within established budgets and priorities;
Internal administrative decisions regarding Council operations;
Responses to Documented Policy Directions from the Law Enforcement Secretary;
Approval of routine reports and public communications;
Any decision not otherwise assigned to a higher threshold by this section.

(b) Enhanced Majority Decisions (Five of Seven)¶

The following decisions require a vote of not fewer than five Council Members:

Appointment of the Director of Operations;
Removal of the Director of Operations;
Appointment or removal of a United States Attorney;
Appointment or removal of the Director of the Federal Bureau of Investigation;
Appointment or removal of senior career leadership at the level of Assistant Attorney General equivalent or above;
Approval of significant policy changes affecting the career workforce of the Department of Justice;
Promulgation of rules of procedure governing Council operations.

(c) Supermajority Decisions (Six of Seven)¶

The following decisions require a vote of not fewer than six Council Members:

Initiating an investigation of the President, Vice President, a member of the Cabinet, a member of Congress, a federal judge, or a state Governor;
Declining prosecution in a matter involving the President, Vice President, a member of the Cabinet, a member of Congress, a federal judge, or a state Governor when career prosecutors have recommended prosecution;
Appointment of a Special Counsel pursuant to Title VII;
Removal of a Special Counsel pursuant to Title VII;
Adoption or amendment of nationwide prosecution policy establishing standards applicable across all United States Attorney districts;
Any determination that a Documented Policy Direction from the Law Enforcement Secretary conflicts with the Council's independent prosecutorial judgment and will not be implemented.

Section 602. Voting Procedures¶

(a) Recorded Votes¶

All Council votes shall be recorded, with each member's vote documented.

(b) No Proxy Voting¶

Council Members must be present -- in person or by secure remote connection -- to vote. Proxy voting is not permitted.

(c) Tie Votes¶

In the event of a tie, the matter fails. The Chair does not cast a tiebreaking vote.

(d) Vacancy Adjustments¶

When fewer than seven Council Members are serving (including acting members), voting thresholds shall be adjusted proportionally, rounded up, provided that:

No simple majority decision may be made by fewer than three affirmative votes;
No enhanced majority decision may be made by fewer than four affirmative votes;
No supermajority decision may be made by fewer than five affirmative votes;
If fewer than five Council Members are serving, the Council may not make supermajority decisions until additional members are seated.

TITLE VII: SPECIAL COUNSEL¶

Section 701. Appointment¶

(a) Discretionary Appointment¶

The Council may, by supermajority vote, appoint a Special Counsel to conduct any investigation or prosecution that the Council determines warrants appointment of counsel outside the normal Department of Justice chain of command.

(b) Mandatory Appointment¶

The Council shall appoint a Special Counsel when a matter involves:

The President or Vice President as a subject or target of investigation;
A Council Member as a subject or target of investigation;
The Director of Operations as a subject or target of investigation;
Any matter in which the Council's participation would create a conflict of interest as determined by the career ethics officials of the Department of Justice.

When appointment is mandatory, the Council shall act within thirty days of the triggering determination. If the Council fails to act within thirty days, the Inspector General shall petition the United States Court of Appeals for the District of Columbia Circuit for appointment of a Special Counsel from the qualified roster maintained pursuant to Subsection 701(d).

(c) Qualifications¶

A Special Counsel shall be an attorney with demonstrated experience in federal criminal prosecution and shall not be a current employee of the Department of Justice or an officer or employee of the Executive.

(d) Qualified Roster¶

The Administrative Office of the United States Courts shall maintain a roster of attorneys qualified and willing to serve as Special Counsel. The roster shall be updated annually and shall include attorneys meeting the qualifications of Subsection 701(c) who have been nominated by federal judges, former Attorneys General, or former Council Members.

Section 702. Authority and Independence¶

(a) Investigative and Prosecutorial Authority¶

A Special Counsel shall have the full authority of the Department of Justice with respect to the matters within the Special Counsel's jurisdiction, including the authority to convene grand juries, issue subpoenas, and conduct prosecutions.

(b) Independence¶

A Special Counsel shall not be subject to the day-to-day supervision of the Director of Operations. The Special Counsel shall report to the Council as a body on matters of budget and broad prosecutorial policy, but the Council shall not direct the Special Counsel's investigative or prosecutorial decisions.

Section 703. Removal¶

(a) Removal Authority¶

A Special Counsel may be removed by the Council by a vote of not fewer than six Council Members. Removal shall be for misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause.

(b) Documentation¶

The Council shall provide written justification for removal of a Special Counsel, which shall be transmitted simultaneously to the Judiciary Committees of both chambers and made public.

(c) Judicial Review¶

A removed Special Counsel may seek judicial review in the United States Court of Appeals for the District of Columbia Circuit. The court may reinstate the Special Counsel or appoint a successor from the qualified roster if it finds that removal was not for good cause.

Section 704. Reporting¶

Upon completion of an investigation, the Special Counsel shall submit a confidential report to the Council describing the work conducted, the disposition of matters investigated, and the reasoning for prosecutorial decisions. The Council shall transmit the report to the Judiciary Committees of both chambers with such redactions as are necessary to protect grand jury secrecy, ongoing investigations, and individual privacy. The Council shall make public as much of the report as is consistent with these protections.

TITLE VIII: INSPECTOR GENERAL¶

Section 801. Appointment¶

(a) Nominating Committee¶

When a vacancy occurs or is anticipated in the position of Inspector General of the Department of Justice, a nominating committee shall convene to identify qualified candidates. The nominating committee shall consist of:

The Comptroller General of the United States, or designee;
Two retired federal judges with at least fifteen years of Article III service, selected by lottery from a roster maintained by the Administrative Office of the United States Courts;
The President of the American Bar Association, or designee.

(b) Candidate Selection¶

The nominating committee shall identify not fewer than three qualified candidates and submit the names to the Council. The Council shall appoint the Inspector General from among the candidates submitted by the nominating committee.

(c) Term¶

The Inspector General shall serve a single term of ten years and may not be reappointed.

Section 802. Removal¶

(a) Removal Authority¶

The Inspector General may be removed only by a vote of not fewer than six Council Members with the concurrence of a panel consisting of the Comptroller General and two sitting federal judges selected by lottery.

(b) Grounds¶

Removal shall be for incapacity, substantial neglect of duty, malfeasance in office, or conviction of a felony.

(c) Prohibition¶

The Inspector General may not be removed for pursuing investigations that are inconvenient to, embarrassing to, or opposed by the Council, the President, the Law Enforcement Secretary, or any other government official.

Section 803. Authority¶

(a) Investigative Authority¶

The Inspector General shall have unrestricted access to all Department of Justice documents, communications, records, and personnel relevant to any investigation within the Inspector General's jurisdiction.

(b) Mandatory Investigations¶

The Inspector General shall investigate any credible allegation of:

Political interference in prosecution decisions, investigation conduct, target selection, or case disposition;
Undocumented Communications or Case-Specific Communications in violation of Title IV;
Retaliation against whistleblowers in violation of Title X;
Prohibited personnel practices in violation of Title IX;
Ethics violations by Council Members, the Director of Operations, or senior Department leadership.

(c) Reporting¶

The Inspector General shall report findings of mandatory investigations to the Judiciary Committees of both chambers within thirty days of completing each investigation.
The Inspector General shall submit an annual report to Congress and the public summarizing investigative activities, findings, and recommendations.
The Inspector General shall immediately notify both Judiciary Committees of any interference with the Inspector General's investigative functions.

(d) Independence¶

No Council Member, the Director of Operations, the Law Enforcement Secretary, or any other government official may direct the Inspector General to initiate, terminate, or alter the scope of any investigation. Attempts to do so shall be reported to Congress and constitute grounds for removal of the interfering official.

TITLE IX: CAREER WORKFORCE PROTECTIONS¶

Section 901. Merit-Based Personnel System¶

(a) Merit Principles¶

All personnel actions within the Department of Justice -- including hiring, promotion, assignment, reassignment, and removal -- shall be based on merit, professional qualifications, and performance, consistent with the civil service laws of the United States as supplemented by this Act.

(b) For-Cause Removal Standards¶

Career employees of the Department of Justice may be removed for:

Incompetence demonstrated through documented performance evaluation;
Misconduct documented through investigation;
Criminal conduct;
Ethical violations;
Refusal to execute lawful directives issued through the chain of command established by this Act.

(c) Excluded Grounds for Removal¶

Career employees of the Department of Justice may not be removed, reassigned, or subjected to adverse personnel action for:

Political affiliation or political views;
Refusal to participate in actions that career counsel has determined are unlawful;
Testimony before Congress;
Cooperation with the Inspector General;
Filing a whistleblower report pursuant to Title X;
Exercising prosecutorial judgment within the scope of assigned duties.

Section 902. Prohibited Personnel Practices¶

(a) DOJ-Specific Prohibitions¶

In addition to the prohibited personnel practices established by 5 U.S.C. Section 2302, the following are prohibited personnel practices within the Department of Justice:

Reassigning or removing a prosecutor because of a specific case assignment or the outcome of a specific prosecution;
Altering performance evaluations based on prosecution or declination decisions;
Retaliating against career employees who decline to sign court filings they believe to be legally deficient;
Conditioning career advancement on political loyalty or on willingness to act on Undocumented Communications;
Directing career employees to take action regarding a specific case, target, or investigation based on the political affiliation, political activity, or political associations of the target;
Transferring career employees to less desirable assignments, locations, or duties for the purpose of coercing resignation or compliance with unlawful directives.

(b) Enforcement¶

Violations of this section shall be investigated by the Inspector General and, where substantiated, referred to the Office of Special Counsel for disciplinary proceedings. Supervisors who commit prohibited personnel practices are subject to suspension, demotion, or removal.

Section 903. Duty to Advise and Duty to Execute¶

(a) Duty to Advise¶

Career professionals of the Department of Justice have a duty to provide candid professional advice, legal analysis, operational assessments, and expert recommendations to the Council, the Director of Operations, and their supervisors -- including advice that contradicts preferences of any political authority. This duty is protected activity that may not be the basis for adverse personnel action.

(b) Duty to Execute¶

After the Council has made a decision through the procedures established by this Act, career professionals have a duty to execute that decision effectively and professionally, regardless of personal views. Refusal to execute a lawful directive issued through the chain of command established by this Act may constitute grounds for disciplinary action.

(c) Duty to Refuse Unlawful Directives¶

If directed to take action that career counsel determines is unlawful, a career employee shall:

Refuse the unlawful directive;
Document the directive, the refusal, and the legal basis for refusal in writing;
Report the directive to the Inspector General within seventy-two hours;
Report to Congress if the employee reasonably believes the Inspector General is unable or unwilling to act.

Such refusal and reporting constitute protected activity under Titles IX and X of this Act.

TITLE X: WHISTLEBLOWER PROTECTIONS¶

Section 1001. Protected Activity¶

(a) Scope¶

The following constitute protected activity for all Council Members and Department of Justice employees:

Reporting Undocumented Communications or Case-Specific Communications pursuant to Title IV;
Reporting political interference in prosecution decisions, investigation conduct, target selection, or case disposition;
Reporting prohibited personnel practices pursuant to Title IX;
Reporting violations of this Act or any other federal law by any government official;
Testifying before Congress regarding Department of Justice operations;
Cooperating with Inspector General investigations;
Refusing to execute unlawful directives pursuant to Section 903(c).

Section 1002. Prohibited Retaliation¶

(a) Prohibition¶

No officer or employee of the United States shall take or threaten to take any adverse personnel action against any individual for engaging in protected activity under this Title.

(b) Adverse Personnel Actions¶

For purposes of this section, adverse personnel actions include: termination, demotion, suspension, reassignment, reduction in duties or responsibilities, negative performance evaluations, denial of promotion, denial of training opportunities, and any other action that would dissuade a reasonable person from engaging in protected activity.

Section 1003. Remedies¶

(a) Individual Remedies¶

An individual subjected to retaliation for protected activity shall be entitled to:

Immediate reinstatement pending investigation;
Full back pay and restoration of benefits;
Compensatory damages;
Reasonable attorney's fees and costs.

(b) Accountability for Retaliators¶

An officer or employee who retaliates against a protected whistleblower shall be subject to:

Disciplinary action up to and including removal;
Personal civil liability for damages;
For knowing or willful retaliation: criminal penalties including fines and imprisonment of not more than five years.

(c) Disclosure of Identity¶

Unauthorized disclosure of a whistleblower's identity is a criminal offense punishable by fine and imprisonment of not more than three years.

Section 1004. Reporting Channels¶

(a) Multiple Channels¶

Protected disclosures may be made to any of the following:

The Inspector General of the Department of Justice;
The Office of Special Counsel;
The Judiciary Committee of either chamber of Congress;
The Government Accountability Office;
Any federal court with jurisdiction.

(b) Channel Independence¶

No reporting channel may be designated as the exclusive channel for protected disclosures. The existence of multiple independent channels ensures that no single point of failure can prevent protected disclosures from reaching oversight authorities.

TITLE XI: TRANSPARENCY AND OVERSIGHT¶

Section 1101. Prosecution Pattern Reporting¶

(a) Annual Statistical Report¶

The Council shall publish an annual statistical report on federal law enforcement activity, including:

Prosecution rates and declination rates by category of offense;
Case types, geographic distribution, and demographic data on defendants;
Average case duration by category;
Timing of case initiation and disposition relative to federal election cycles;
Resource allocation across enforcement areas;
Special Counsel appointments and dispositions;
Aggregate data on communications received through the Authorized Communication Channel.

(b) Disaggregation¶

Data shall be disaggregated sufficiently to enable independent analysis of whether prosecution patterns correlate with political factors. Individual case details shall not be disclosed, but aggregate patterns across districts, time periods, and categories shall be public.

Section 1102. GAO Audits¶

(a) Biennial Audits¶

The Government Accountability Office shall conduct biennial audits of the Department of Justice examining:

Compliance with the communication protocol established by Title IV;
Prosecution pattern consistency and absence of political correlation;
Personnel actions for evidence of political motivation;
Inspector General independence and effectiveness;
Career workforce morale, retention, and professional development;
Implementation of all requirements of this Act.

(b) Public Reports¶

GAO audit reports shall be made public and transmitted to both Judiciary Committees.

Section 1103. Congressional Testimony¶

(a) Annual Testimony¶

The Chair of the Council, the Director of Operations, and the Inspector General shall testify before the Judiciary Committees of both chambers at least annually regarding:

Department operations and performance;
Implementation of this Act;
Compliance with communication protocols;
Prosecution patterns and enforcement priorities;
Workforce conditions and any concerns regarding political interference.

(b) Testimony Under Oath¶

All testimony shall be under oath and subject to penalties for perjury.

(c) Additional Testimony¶

Any Council Member, the Director of Operations, and career employees of the Department of Justice may be called to testify before congressional committees. Testimony is protected activity under Title X.

Section 1104. Documentation Registry Disclosure¶

The public disclosure schedule for the Documentation Registry is established by Section 404(e). Congress may, by concurrent resolution of both Judiciary Committees, order immediate declassification and public release of specific Registry entries upon a finding that the public interest in disclosure outweighs the interest in continued confidentiality.

TITLE XII: NATIONAL SECURITY COORDINATION¶

Section 1201. Coordination Mechanism¶

(a) National Security Liaison¶

The Law Enforcement Secretary shall designate a National Security Liaison for the purpose of coordinating with the Council on matters involving foreign intelligence, counterintelligence, and terrorism with foreign connections.

(b) Documented Coordination¶

All communications between the National Security Liaison and the Council regarding national security matters shall be documented through the Authorized Communication Channel established by Title IV. Classified communications shall be transmitted through appropriate secure channels but shall be logged in the Documentation Registry with classification markings.

Section 1202. Council Authority Preserved¶

(a) Prosecutorial Authority¶

The Council retains final prosecutorial authority in all matters, including those with national security dimensions. Intelligence and policy context provided by the Executive through the national security coordination mechanism informs but does not control the Council's prosecutorial judgment.

(b) No National Security Exception¶

The prohibition on Case-Specific Communications established by Section 402 applies to national security matters. The national security coordination mechanism provides for the communication of intelligence context and policy considerations, not for executive direction of specific national security prosecutions.

Section 1203. Congressional Notification¶

When the Council declines to prosecute in a national security matter, or when the Council determines that national security coordination has been used as a pretext for Case-Specific Communication, the Council shall notify the intelligence committees of both chambers in addition to the Judiciary Committees.

TITLE XIII: TRANSITION AND IMPLEMENTATION¶

Section 1301. Effective Date¶

This Act shall take effect on the first day of the first full fiscal year beginning not fewer than one hundred eighty days after the date of enactment, hereinafter the "Effective Date."

Section 1302. Transition of Authority¶

(a) Transfer¶

On the Effective Date, all authority, functions, duties, and legal responsibilities of the Attorney General of the United States are transferred to the Federal Law Enforcement Council.

(b) Continuity¶

All pending investigations, prosecutions, litigation, regulations, orders, and other ongoing matters of the Department of Justice shall continue without interruption. The transfer of authority shall not affect the validity of any action taken prior to the Effective Date.

Section 1303. Initial Council Composition¶

(a) Nominations¶

The President shall nominate seven Council Members within sixty days of the date of enactment. The Senate shall act on each nomination within one hundred twenty days of receiving it.

(b) Staggered Start Dates¶

To create the staggered term structure required by Section 204(c), the initial Council Members' terms shall begin on the following schedule:

First Member: Term begins on the Effective Date. Term expires seven years after the Effective Date.
Second Member: Term begins one year after the Effective Date. Term expires eight years after the Effective Date.
Third Member: Term begins two years after the Effective Date. Term expires nine years after the Effective Date.
Fourth Member: Term begins three years after the Effective Date. Term expires ten years after the Effective Date.
Fifth Member: Term begins four years after the Effective Date. Term expires eleven years after the Effective Date.
Sixth Member: Term begins five years after the Effective Date. Term expires twelve years after the Effective Date.
Seventh Member: Term begins six years after the Effective Date. Term expires thirteen years after the Effective Date.

Each initial Member serves a full seven-year term from their designated start date.

(c) Acting Members Before Start Dates¶

For each seat whose permanent Member's term has not yet begun, the automatic acting succession mechanism of Section 210(a) shall apply. The Senior U.S. Attorney filling an acting seat shall serve with full voting authority until the permanent Member's term begins.

(d) Minimum Initial Quorum¶

The Council shall achieve operational status when at least five Members or acting Members are seated, at which point the Council shall assume the authority transferred pursuant to Section 1302.

Section 1304. Transition of Personnel¶

(a) Continuity of Employment¶

All employees of the Department of Justice shall continue in their positions without interruption. No employee shall be removed, reassigned, or subjected to adverse personnel action solely as a consequence of the restructuring established by this Act.

(b) Office of the Attorney General Staff¶

Staff of the Office of the Attorney General shall be reassigned to the Office of the Council, the Office of the Director of Operations, or other appropriate Department components as determined by the Council.

Section 1305. Transition of the Law Enforcement Secretary¶

(a) Nomination¶

The President shall nominate a Law Enforcement Secretary within sixty days of the date of enactment. Upon confirmation, the Law Enforcement Secretary shall assume the duties of the office on the Effective Date.

(b) Interim Period¶

During the period between enactment and the Effective Date, the sitting Attorney General shall continue to exercise all functions of the office. Upon the Effective Date, the Attorney General's authority terminates and transfers to the Council.

Section 1306. Director of Operations¶

(a) Initial Appointment¶

Within ninety days of achieving operational status, the Council shall appoint the first Director of Operations pursuant to Title V.

(b) Acting Director¶

Until the Director of Operations is appointed, the most senior Deputy Attorney General or Associate Attorney General serving at the time of the Effective Date shall serve as Acting Director.

Section 1307. Conforming Amendments¶

(a) Statutory References¶

The Department of Justice shall prepare, and the Council shall transmit to Congress within one year of the Effective Date, a comprehensive list of statutory provisions requiring conforming amendments to replace references to the Attorney General with references to the Council, the Chair, or the Director of Operations as appropriate.

(b) Interim Construction¶

Pending enactment of conforming amendments, all statutory references to the Attorney General shall be construed in accordance with Section 201(b).

Section 1308. Funding¶

(a) Authorization¶

There are authorized to be appropriated such sums as are necessary for:

Establishment and operation of the Council, including compensation of Members and support staff;
Establishment of the Office of the Law Enforcement Secretary;
Establishment of the Documentation Registry and Authorized Communication Channel;
Enhanced Inspector General capacity;
Transition costs including personnel reassignment, facilities modification, and administrative systems;
Training and implementation of new procedures.

(b) Existing Appropriations¶

Appropriations previously designated for the Office of the Attorney General and the Department of Justice shall be available for the operations of the Council, the Director of Operations, and the Department of Justice under the governance structure established by this Act.

Section 1309. Severability¶

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.

Revision History¶

Revision 1.0 (Current)

Structural reorganization for APAI Document Production Standards (Rev 1.9) compliance
Created Title I (General Provisions) incorporating Short Title, Congressional Findings, Purpose, and Definitions
Added Section 101 (Short Title) establishing the Act's citation name
Realigned section numbering: all Titles now use section numbers matching their Title number (Title II = 200-series, Title III = 300-series, etc.)
Renumbered former Titles I-XII to Titles II-XIII; total title count increased from twelve to thirteen
Updated all internal cross-references to reflect new section and title numbering
Converted all subsection labels to H4 headings per Section 2.2 formatting requirements
Removed Executive Summary (non-statutory content; relocated to supporting documentation)
Removed Table of Contents (non-statutory content)
Corrected cross-reference in Section 207(c) from specific section citation to Title XI general reference
No substantive changes to statutory provisions, enforcement mechanisms, or policy architecture

Revision 0.1

Initial draft based on design decisions developed in consultation between the author and research collaborators
Establishes seven-member Council replacing the Attorney General
Creates Law Enforcement Secretary as presidential policy liaison
Implements documented communication protocol with no legal standing for undocumented communications
Establishes tiered voting thresholds for Council decisions
Creates Director of Operations for day-to-day Department management
Includes statutory special counsel mechanism with mandatory appointment triggers
Establishes independent Inspector General with nominating committee selection
Implements career workforce protections and DOJ-specific prohibited personnel practices
Creates whistleblower protections with criminal penalties for retaliation
Establishes transparency requirements including prosecution pattern reporting and GAO audits
Addresses national security coordination while preserving Council prosecutorial authority
Includes transition and implementation provisions with staggered start dates for initial Council

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Prepared by Albert Ramos for The American Policy Architecture Institute