THE FEDERAL LAW ENFORCEMENT COUNCIL ACT¶

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

Revision 2.1¶

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 VI to manage the day-to-day operations of federal law enforcement.
Law Enforcement Secretary: The presidential cabinet member established by Title IV 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 501, acknowledged in writing by the Council, and preserved in the Documentation Registry established by Section 504.
Authorized Communication Channel: The sole formal channel through which the Executive may transmit enforcement policy direction to the Council, as established by Section 501.
Documentation Registry: The official record of all communications between the Executive and the Council, maintained by the Clerk of the Council pursuant to Section 504.
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 by the President based on documented grounds as defined in Section 209, following the procedures established therein. The Ethics Review mechanism established by Title XI provides graduated sanctions for sub-removal misconduct and does not alter the President's exclusive authority to remove a Council Member for cause.
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 Tier 2 vacancy coverage as established in Section 210.
Special Counsel: An attorney appointed by the Council pursuant to Title VIII to conduct investigations and prosecutions in matters where the Council's direct involvement would create a conflict of interest.
Clerk of the Council: The administrative officer of the Council responsible for maintaining the Documentation Registry established by Section 504, recusal filings under Section 208, and the Appointment Schedule established by Section 211.
Appointment Schedule: The calendar-fixed schedule of biennial appointment dates for each Council seat, maintained and published by the Clerk of the Council pursuant to Section 211. The Appointment Schedule is anchored to the calendar. Vacancy Events do not alter the permanent biennial rhythm of any seat but may produce an additional remainder-term appointment at the next biennial date pursuant to Section 210(g).
Vacancy Event: An event creating a vacancy in a Council seat, as enumerated in Section 210(b).
Vacancy Coverage Roster: The ordered list of individuals eligible to provide temporary coverage for vacant Council seats, consisting of Tier 1 members drawn from the Senior Service Corps and Tier 2 members drawn from senior career officials of the Department of Justice, as established by Section 210(c).
Vacancy Coverage Rotation: The temporary service of an individual from the Vacancy Coverage Roster in a vacant Council seat pursuant to Section 210, continuing until the seat is filled by a remainder-term appointment at the next biennial date under Section 210(g) or, if the President declines to submit a remainder-term nomination, until the seat's own regularly scheduled biennial appointment.
Senior Service Corps: The body of former Council Members performing substantive institutional functions -- including prosecution pattern review, policy evaluation, training, special review assignments, congressional and interagency liaison, ethics review panel service, and vacancy coverage -- as established by Title X. The Senior Service Corps is the mechanism for preserving the institutional experience of former Council Members.
Senior Service Corps Member: A former Council Member serving in the Senior Service Corps pursuant to Title X.
Ethics Review Panel: The peer review body drawn from the Senior Service Corps, or from the Bridge Ethics Review Panel during the transition period, to adjudicate ethics complaints against sitting Council Members referred by the Inspector General, as established by Title XI. The Ethics Review Panel exercises graduated sanctioning authority short of removal.
Bridge Ethics Review Panel: The temporary ethics review body of hybrid composition serving during any period in which the Senior Service Corps cannot staff the Ethics Review Panel, as established by Title XI. The Bridge Ethics Review Panel phases out when three or more Senior Service Corps Members are available to staff the statutory Panel.
Remainder Term: The unexpired portion of a Council seat's term, served by a Member appointed pursuant to Section 210(g) to fill a seat that became vacant due to a Vacancy Event. A Remainder Term concludes on the September 30 expiration date of the original term for that seat.

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. Each nominee shall comply with the documentation requirements established by Title III.

(b) Partisan Balance¶

(1) 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.

(2) For purposes of this subsection, "Council Members" means individuals serving on the Council by presidential appointment and Senate confirmation, whether serving a full fourteen-year term or a Remainder Term under Section 210(g). Individuals serving in a Vacancy Coverage Rotation under Section 210 are not counted toward the partisan balance cap.

(3) Party affiliation is measured at the time of appointment and is not retroactively affected by a member's subsequent change in party registration.

(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.

(c) Nomination Documentation¶

No person may be nominated to the Council unless the President submits, concurrently with the nomination, the documentation required by Title III. The Senate shall not consider a nomination for which the documentation requirements of Title III have not been satisfied, as determined by the completeness review under Section 306(b).

Section 204. Terms of Office¶

(a) Term Length¶

Each Council Member shall serve a term of fourteen years.

(b) Terminal Appointment¶

No person who has served any term as a Member of the Council, whether a full term or a Remainder Term under Section 210(g), shall be eligible for nomination or appointment to a subsequent term. Service on the Council is a terminal appointment. The Senior Service Corps established by Title X is the mechanism for preserving the institutional experience of former Council Members.

(c) Biennial Appointment Cadence¶

Council seats shall be filled on a biennial cadence, with one seat becoming available for appointment every two years. The seven Council seats shall be sequentially numbered Seat 1 through Seat 7, and each seat's appointment cycle shall be fixed to a specific biennial interval as published in the Appointment Schedule maintained pursuant to Section 211.

(d) Term Commencement¶

The term of each Council Member shall commence on October 1 of the year designated in the Appointment Schedule for that seat. A Member confirmed before October 1 shall not assume the duties of office until that date, except as provided in the transition provisions of Title XVI.

(e) Calendar-Fixed Schedule¶

The biennial appointment schedule established under this section and published pursuant to Section 211 shall not be altered, accelerated, or supplemented by reason of any Vacancy Event occurring during a Council Member's term. Each seat's permanent biennial rhythm is fixed. A Vacancy Event may produce an additional remainder-term appointment at the next biennial date on the overall Appointment Schedule pursuant to Section 210(g), but does not alter the vacant seat's permanent appointment cycle.

(f) Term Expiration¶

A Council Member's term expires on September 30 of the fourteenth year following commencement, or, in the case of a Remainder Term under Section 210(g), on the September 30 expiration date of the original term for that seat. Upon expiration, the former Member transitions to the Senior Service Corps as provided in Title X. If no successor has been confirmed by October 1 following the expiration of a term, the seat is vacant and vacancy coverage shall activate pursuant to Section 210.

(g) Presidential Nomination Deadline¶

The President shall submit a nomination for each Council seat no later than one hundred eighty days before the October 1 commencement date designated in the Appointment Schedule for that seat.

(h) Senate Consideration Timeline¶

The Senate shall act on a nomination submitted under Subsection 204(g) -- either by confirming or by rejecting the nominee -- within one hundred twenty days of receiving the nomination.

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 Deliberation¶

(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) 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 XIV.

(c) Operational Authority¶

The Council assumes operational authority -- and the provisions of this section take effect -- when its fifth member is seated, whether by presidential appointment or Vacancy Coverage Rotation. Until the Council assumes operational authority, the transition provisions of Title XVI govern the operations of the Department of Justice.

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 V.

(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;
Any action taken in good faith as a member of the Council in response to a finding or recommendation of the Ethics Review Panel established by Title XI.

(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).

(e) Relationship to Ethics Review¶

(1) The Ethics Review mechanism established by Title XI provides graduated sanctions for sub-removal misconduct and operates independently of the President's removal authority under this section. A finding by the Ethics Review Panel does not compel the President to initiate removal proceedings, nor does the absence of a Panel finding preclude the President from initiating such proceedings.

(2) A Council Member who is the subject of an Ethics Review Panel proceeding under Title XI retains all rights under this section, including the right to respond to any presidential removal action and to seek judicial review.

(3) Evidence produced during an Ethics Review Panel proceeding may be considered by the President in determining whether grounds for removal exist, but no Ethics Review Panel finding shall be treated as a conclusive determination of the facts for purposes of presidential removal under this section.

Section 210. Vacancy and Schedule Integrity¶

(a) Schedule Integrity¶

The calendar-fixed biennial appointment schedule established under Section 204 and published pursuant to Section 211 is a binding structural principle of the Council's design. Each seat's permanent biennial rhythm shall not be altered by any Vacancy Event. No action by any officer of the United States -- including the inducement of resignations, the creation of conditions intended to make service untenable, or any other strategy -- shall operate to increase the number of presidential appointments beyond those provided by the Appointment Schedule and the remainder-term mechanism of Subsection 210(g). Only Vacancy Events enumerated in Subsection 210(b) may produce a remainder-term appointment opportunity.

(b) Events Creating a Vacancy¶

A vacancy in a Council seat occurs when a Council Member:

Dies;
Is removed for cause pursuant to Section 209;
Resigns from office;
Becomes permanently incapacitated, as determined by a written finding of the Inspector General following consultation with a licensed physician, transmitted to the Judiciary Committees of both chambers.

(c) Tiered Vacancy Coverage Roster¶

(1) Establishment. Upon the occurrence of a Vacancy Event under Subsection 210(b), the Clerk of the Council shall, within thirty days, activate a Vacancy Coverage Rotation for the affected seat from the Vacancy Coverage Roster.

(2) Tier Structure. The Vacancy Coverage Roster consists of two tiers, drawn in order:

(A) Tier 1: Senior Service Corps Members, selected pursuant to Subsection 210(d);

(B) Tier 2: Senior career officials of the Department of Justice, selected pursuant to Subsection 210(e).

(3) Priority. Tier 1 members shall be drawn first for all Vacancy Coverage Rotations. Tier 2 members shall serve only when no Tier 1 member is available or eligible.

(d) Tier 1 Coverage: Senior Service Corps Members¶

(1) Selection Order. When a Vacancy Coverage Rotation is activated and one or more Senior Service Corps Members are eligible for coverage duty, the most recently entered member of the Senior Service Corps shall be selected first. If that member is ineligible or has been granted a deferral, the next most recently entered member shall be selected, proceeding through the roster in reverse order of entry until an eligible member is identified.

(2) Deferral. A Senior Service Corps Member who is next in line for a Vacancy Coverage Rotation may petition the Clerk of the Council for deferral on grounds of:

(A) Physical or mental health, supported by a certification from a licensed physician;

(B) A conflict of interest requiring recusal on a material portion of Council business, as determined under the recusal standards of Section 208; or

(C) Compelling personal circumstances.

The Clerk shall grant petitions meeting the requirements of this paragraph. A deferred member's position in the selection order is not preserved; the roster advances to the next eligible member for that rotation. The deferred member remains on the Vacancy Coverage Roster and is eligible for subsequent rotations unless the grounds for deferral persist.

(3) Authority During Coverage. A Senior Service Corps Member serving in a Vacancy Coverage Rotation shall:

(A) Participate fully in Council meetings, deliberations, and votes with the same authority as an appointed Council Member;

(B) Be subject to all ethical obligations, recusal requirements, and duties applicable to Council Members under this Act;

(C) Be compensated at the rate established for Council Members under Section 205 for the duration of the coverage assignment.

(4) Conflict Screening. A Senior Service Corps Member whose conflicts of interest would require recusal on a material portion of Council business -- as determined by the Clerk of the Council in consultation with the career ethics officials of the Department of Justice -- is ineligible for that Vacancy Coverage Rotation and shall be bypassed in the selection order.

(e) Tier 2 Coverage: Senior Career Officials¶

(1) Activation. When no Tier 1 member is available or eligible for a Vacancy Coverage Rotation -- whether because the Senior Service Corps is not yet populated, is fully committed to other rotations, or because all eligible members have been deferred or screened for conflicts -- the Senior U.S. Attorney who is not already serving on the Council or in coverage capacity on the Council shall fill the vacant seat.

(2) Selection. Among eligible Senior U.S. Attorneys, the individual with the longest cumulative service as a United States Attorney, excluding any period of acting or interim service, shall serve first. If the most senior eligible individual declines or is unavailable, the next most senior eligible individual shall serve.

(3) Authority During Coverage. A Tier 2 coverage member shall:

(A) Participate fully in Council meetings, deliberations, and votes with the same authority as an appointed Council Member;

(B) Be subject to all ethical obligations, recusal requirements, and duties applicable to Council Members under this Act.

(4) Qualifications. A Tier 2 coverage member is not required to meet the qualifications of Section 203 beyond those already required for service as a United States Attorney.

(f) Duration of Vacancy Coverage¶

(1) Standard Duration. A Vacancy Coverage Rotation for a seat shall continue until the seat is filled by a Council Member appointed and confirmed pursuant to Subsection 210(g) at the next biennial appointment date on the overall Appointment Schedule, or, if the President declines to submit a remainder-term nomination for that cycle, until the seat is filled at its own regularly scheduled biennial appointment.

(2) Outer Limit. No Vacancy Coverage Rotation shall extend beyond one full appointment cycle of fourteen years for a single seat.

(3) Termination. Upon confirmation of a new Council Member to the seat -- whether for a Remainder Term or a full term -- the Vacancy Coverage Rotation for that seat shall conclude. The coverage member shall return to their prior status: the Senior Service Corps for Tier 1 members, or their prior Department of Justice position for Tier 2 members.

(g) Filling Vacant Seats¶

(1) Remainder-Term Appointment. When a Vacancy Event occurs under Subsection 210(b), the vacant seat shall be filled at the next biennial appointment date on the overall Appointment Schedule -- that is, the next October 1 date on which any Council seat is scheduled for appointment, not necessarily the vacant seat's own permanent biennial date. The President shall submit a nomination for the vacant seat, and the Senate shall act on it, alongside the regularly scheduled nomination for the seat whose permanent appointment falls on that biennial date.

(2) Dual Nomination. In a biennial cycle in which a remainder-term appointment is made under this subsection, the President submits two nominations: one for the regularly scheduled seat, to serve a full fourteen-year term; and one for the vacant seat, to serve a Remainder Term. The Senate shall act on each nomination separately.

(3) Remainder Term. A Council Member appointed to a vacant seat under this subsection shall serve a Remainder Term concluding on the September 30 expiration date of the original term for that seat. Upon completion of the Remainder Term, the seat reverts to its permanent biennial rhythm, and a full fourteen-year appointment shall be made at the seat's next regularly scheduled date.

(4) Presidential Nomination Deadline for Remainder Terms. The President shall submit a remainder-term nomination no later than the later of:

(A) One hundred eighty days before the next biennial October 1 commencement date; or

(B) Ninety days after the Vacancy Event.

If neither deadline permits confirmation before the next biennial October 1 commencement date, the Vacancy Coverage Rotation shall continue, and the remainder-term nomination shall be submitted for the following biennial date, subject to the same deadline calculation.

(5) Presidential Discretion. The President is not required to submit a remainder-term nomination. If the President declines to nominate for the Remainder Term, the Vacancy Coverage Rotation shall continue pursuant to Subsection 210(f) until the seat is filled at its own regularly scheduled biennial appointment.

(6) Terminal Appointment. Service in a Remainder Term is a terminal appointment under Section 204(b). A Council Member who has served a Remainder Term shall not be eligible for nomination or appointment to any subsequent Council term, whether a full term or another Remainder Term. Upon completion of the Remainder Term, the former Member transitions to the Senior Service Corps as provided in Title X.

(7) Schedule Restoration. The appointment of a remainder-term Member does not alter the vacant seat's permanent biennial rhythm. The seat's next full-term appointment occurs on the date established in the original Appointment Schedule, and all subsequent appointments follow the permanent cadence.

(h) Multiple Simultaneous Vacancies¶

(1) If more than one vacancy exists simultaneously, the Clerk of the Council shall establish a separate Vacancy Coverage Rotation for each vacant seat.

(2) No individual shall serve on more than one Vacancy Coverage Rotation simultaneously.

(3) The Clerk shall allocate available Tier 1 members across simultaneous rotations in order of entry into the Senior Service Corps, with the most recently entered member assigned to the first activated rotation and the next most recently entered member assigned to the second, and so on.

(4) If the Vacancy Coverage Roster is exhausted -- that is, fewer eligible individuals are available across both tiers than there are vacant seats requiring coverage -- uncovered seats shall remain vacant until either an eligible individual becomes available or the next regularly scheduled appointment fills the seat.

(5) The Council shall continue to operate and transact business with whatever number of Council Members and coverage members are serving, subject to the quorum and voting threshold provisions of Title VII.

(6) If multiple vacancies exist simultaneously, the President may submit remainder-term nominations for each vacant seat at the next biennial date pursuant to Subsection 210(g), alongside the regularly scheduled full-term nomination.

(i) Administrative Provisions¶

(1) The Clerk of the Council shall maintain the Vacancy Coverage Roster and publish it annually as part of the Appointment Schedule publication required by Section 211.

(2) The Clerk shall establish procedures for notification, scheduling, and transition of Vacancy Coverage Rotations, including reasonable advance notice to coverage members.

(3) Vacancy Coverage Rotation assignments shall be recorded in the Documentation Registry and reported to the Judiciary Committees of both chambers within seven days of activation.

Section 211. Appointment Schedule Publication¶

(a) Maintenance¶

The Clerk of the Council shall maintain the Appointment Schedule, which shall identify:

Each Council seat by its sequential number (Seat 1 through Seat 7);
The October 1 commencement date of the current term for each seat;
The September 30 expiration date of the current term for each seat;
The next scheduled biennial appointment date for each seat;
The presidential nomination deadline under Subsection 204(g) for each upcoming appointment;
The status of each seat, including whether the seat is occupied, subject to a Vacancy Coverage Rotation, or vacant;
Any pending remainder-term appointment under Section 210(g), including the biennial date at which the remainder-term nomination is due and the expiration date of the Remainder Term.

(b) Annual Publication¶

The Clerk shall cause the Appointment Schedule to be published annually in the Federal Register no later than January 31 of each year.

(c) Updated Publication Following Vacancy Events¶

Within thirty days of any Vacancy Event under Section 210(b), the Clerk shall publish an updated Appointment Schedule in the Federal Register reflecting the vacancy, the activation of any Vacancy Coverage Rotation, the biennial date at which a remainder-term nomination may be submitted under Section 210(g), and any change in the status of the affected seat. The updated publication shall confirm that the seat's permanent biennial rhythm is unchanged.

(d) Constructive Notice¶

The published Appointment Schedule shall constitute constructive notice to the President, the Senate, and the public of the biennial appointment dates, remainder-term nomination opportunities, and associated nomination deadlines for all Council seats. The existence of the published Schedule shall be sufficient to establish the President's knowledge of upcoming nomination deadlines for purposes of Subsection 204(g) and Section 210(g)(4).

(e) Public Accessibility¶

The Appointment Schedule shall be maintained on the Council's public website in addition to its Federal Register publication. The Clerk shall ensure that the current Schedule is accessible to the public at all times.

TITLE III: NOMINATION TRANSPARENCY AND DOCUMENTATION¶

Section 301. Congressional Findings¶

Congress finds that:

The "Advice and Consent" power of the Senate is most effectively exercised when a nominee to the Federal Law Enforcement Council possesses a transparent record of legal and prosecutorial reasoning available for public evaluation;
The candidate pool for the Council encompasses professionals with diverse career backgrounds, including federal judges, academics, career prosecutors, United States Attorneys, senior law enforcement executives, and state-level officials, not all of whom will have extensive published written records;
A documentation requirement that accommodates this diversity -- by offering both an existing-record track and a supervised assessment track -- ensures that the Senate's evaluation is substantive regardless of the nominee's career path;
Requiring documented evidence of sustained legal and prosecutorial reasoning ensures that a nominee's enforcement philosophy is grounded in demonstrated analysis rather than undisclosed commitments or confirmation hearing performance;
A written prosecutorial philosophy statement, required of all nominees, creates a durable public record of the nominee's views on the proper exercise of federal prosecutorial authority and the relationship between political direction and prosecutorial independence;
Nothing in this Title shall be construed to limit the President's authority under Article II to nominate any person of the President's choosing to the Council.

Section 302. Track Placement¶

(a) Self-Selection with a Floor¶

Each nominee shall be placed on one of two documentation tracks established by this Title. Track placement is determined as follows:

(1) A nominee who can meet the requirements of Section 303 -- that is, who possesses three or more qualifying works of substantial legal or policy analysis covering three or more of the subject matter areas defined in Section 307 -- shall submit documentation under Track 1 (Existing Record).

(2) A nominee who cannot meet the Track 1 threshold shall complete the supervised assessment under Track 2 (Supervised Assessment) as established in Section 304.

(b) No Hybrid¶

A nominee shall be placed on one track only. A nominee may not submit a combination of existing works under Track 1 and supervised essays under Track 2.

(c) Determination¶

The nominee shall declare track placement at the time of nomination. If the nominee declares Track 1, the Senate Judiciary Committee shall verify that the submitted record meets the requirements of Section 303 during the completeness determination under Section 306(b). If the submitted record is determined to be incomplete, the nominee may elect to complete the Track 2 supervised assessment within the timeline established by Section 306(b).

Section 303. Track 1 -- Existing Record¶

(a) Required Submission¶

A nominee placed on Track 1 shall submit a record consisting of no fewer than three and no more than six distinct works of substantial legal or policy analysis authored or primarily drafted by the nominee, self-selected by the nominee as representative of the nominee's best and most characteristic legal and prosecutorial reasoning.

(b) Qualifying Documentation¶

The submission required under Subsection 303(a) may include any combination of the following:

Prosecutorial Works: Significant briefs, sentencing memoranda, charging memoranda, declination memoranda, or policy guidance documents prepared during service as a federal or state prosecutor;
Judicial Works: Opinions, orders, concurrences, or dissents -- published or unpublished -- from any federal or state court of record;
Scholarly Works: Legal scholarship published in peer-reviewed journals, law reviews, edited volumes, or academic treatises, and scholarly books on legal subjects relating to criminal law, prosecutorial authority, or law enforcement;
Executive Works: Official legal opinions, policy memoranda, or guidance documents prepared during service in a federal or state executive capacity, including service as Attorney General, Deputy Attorney General, United States Attorney, or in agency general counsel offices;
Advocacy Works: Legal briefs, substantive motions, or petitions filed in federal appellate courts, the Supreme Court of the United States, or the highest court of any State, addressing matters of criminal law, prosecutorial authority, or law enforcement policy;
Legislative Works: Formal committee reports containing legal analysis, legislative findings of a legal nature, or legal memoranda prepared during service in a federal or state legislature, addressing matters of criminal law, prosecutorial authority, or law enforcement policy.

(c) Subject Matter Diversity¶

The submitted record shall include works addressing at least three of the six subject matter areas defined in Section 307. No more than two works may address the same subject area.

(d) Attestation of Authorship¶

Each qualifying work submitted under this section shall be accompanied by a sworn attestation that the nominee is the sole author or primary drafter of the work. Works co-authored with others shall identify the nominee's specific contributions.

Section 304. Track 2 -- Supervised Assessment¶

(a) Required Assessment¶

A nominee placed on Track 2 shall complete three supervised, timed written essays on prosecution-relevant scenarios designed by the Assessment Design Authority established in Section 304(c).

(b) Assessment Parameters¶

(1) Each essay shall address one of three subject matter areas selected from the six areas defined in Section 307. The three subject areas for a given assessment shall be selected by the Assessment Design Authority.

(2) The scenarios shall be designed to elicit substantive legal and prosecutorial analysis comparable in depth and rigor to the qualifying works required under Track 1.

(3) The assessment shall be administered in a controlled setting -- a designated facility at the Department of Justice or another federal facility approved by the Assessment Design Authority -- under conditions that prevent outside assistance, electronic communication, or access to materials not provided by the Assessment Design Authority.

(4) The nominee shall be allotted a total of four hours to complete all three essays, with the nominee free to allocate time among the essays as the nominee sees fit.

(5) The nominee may bring and consult personal notes of no more than ten pages, prepared by the nominee in advance. No other reference materials shall be permitted unless provided by the Assessment Design Authority as part of the scenario.

(c) Assessment Design Authority¶

(1) The nominating committee established under Section 901(a) shall serve as the Assessment Design Authority for purposes of this section.

(2) The Assessment Design Authority shall:

(A) Design scenarios that present realistic prosecutorial dilemmas requiring analysis of legal authority, policy considerations, institutional constraints, and ethical obligations;

(B) Vary scenarios across assessment cycles to prevent gaming or preparation from prior administrations;

(C) Select the three subject matter areas from Section 307 for each assessment, ensuring that the selection tests a range of prosecutorial competencies and does not systematically favor or disadvantage nominees from any particular career background;

(D) Establish and publish general guidelines describing the format, expectations, and evaluation criteria for the supervised assessment, while keeping specific scenarios confidential until the day of administration.

(3) The Assessment Design Authority shall not design scenarios that require a nominee to reach a predetermined conclusion. Scenarios shall be evaluated on the quality of analysis, reasoning, and engagement with competing considerations, not on the policy outcome favored by the nominee.

(d) Assessment Administration¶

(1) The Clerk of the Council shall administer the supervised assessment at the direction of the Assessment Design Authority.

(2) The assessment shall be scheduled within twenty-one days of the nominee's declaration of Track 2 placement, or as soon as practicable thereafter.

(3) A nominee who is unable to complete the assessment due to medical emergency or other extraordinary circumstances may be rescheduled once, using a different set of scenarios.

Section 305. Prosecutorial Philosophy Statement¶

(a) Requirement¶

Every nominee, regardless of track placement, shall submit a written prosecutorial philosophy statement of no fewer than two thousand words.

(b) Contents¶

The prosecutorial philosophy statement shall address:

The nominee's views on the proper exercise of federal prosecutorial authority, including the principles that should guide charging decisions, declinations, plea negotiations, and sentencing recommendations;
The nominee's views on the relationship between political policy direction from the Executive and prosecutorial independence, including the circumstances under which a Council Member should follow, resist, or publicly dissent from executive enforcement priorities;
The nominee's understanding of the role of the Council in the constitutional structure, including the Council's relationship to the President, the Congress, the courts, and the public;
Illustrative examples demonstrating the application of the nominee's stated philosophy to specific prosecutorial questions, which may include hypothetical scenarios or discussion of established cases.

(c) Authenticity¶

The nominee shall attest that the prosecutorial philosophy statement represents the nominee's own views, composed without ghostwriting or substantial revision by others.

(d) Unsupervised Preparation¶

The prosecutorial philosophy statement is prepared by the nominee outside a controlled setting and without time constraint. There is no restriction on reference materials the nominee may consult during preparation.

Section 306. Senate Procedures¶

(a) Public Disclosure¶

All nomination materials submitted under Sections 303, 304, and 305 shall be made available to the public within seventy-two hours of the Senate's receipt of the nomination.

(b) Completeness Determination¶

The Senate Judiciary Committee shall, within fourteen days of receiving a nomination:

Determine whether the submitted record satisfies the requirements of Section 303 (for Track 1 nominees), Section 304 (for Track 2 nominees), and Section 305 (for all nominees);
If the nominee's record is incomplete, notify the President and the nominee of specific deficiencies;
A Track 1 nominee whose record is determined incomplete shall have fourteen days to cure the deficiency by submitting additional qualifying works. If the deficiency cannot be cured within fourteen days, the nominee may elect to complete the Track 2 supervised assessment within the timeline established by Section 304(d)(2).

(c) Public Review Period¶

No hearings shall commence sooner than twenty-one days after the Senate Judiciary Committee certifies the nomination record as complete.

(d) Judiciary Committee Hearings¶

The Senate Judiciary Committee shall conduct hearings on the nomination. The Committee may structure hearings as it determines appropriate, provided that:

The nominee's submitted documentation -- whether Track 1 works, Track 2 essays, or the prosecutorial philosophy statement -- shall be a subject of questioning during the hearing;
The nominee shall be afforded the opportunity to explain, elaborate upon, or contextualize any submitted work or essay.

(e) Remainder-Term Nominations¶

The documentation requirements of this Title apply in full to nominations for Remainder Terms under Section 210(g). A remainder-term nominee shall complete the same track placement, documentation submission, and prosecutorial philosophy statement required of a full-term nominee.

Section 307. Subject Matter Areas¶

(a) Defined Areas¶

The following subject matter areas are established for purposes of Track 1 subject matter diversity under Section 303(c), Track 2 scenario design under Section 304(b)(1), and assessment of nominees' substantive breadth:

Prosecutorial Discretion and Enforcement Philosophy: The principles governing the exercise of federal prosecutorial authority, including charging decisions, declinations, plea negotiations, resource allocation among enforcement priorities, and the relationship between law enforcement policy and individual case decisions;
Criminal Procedure and the Rights of Defendants: The constitutional and statutory rights of persons subject to federal criminal investigation and prosecution, including Fourth, Fifth, and Sixth Amendment protections, grand jury practice, discovery obligations, Brady and Giglio requirements, and sentencing law;
National Security and Law Enforcement: The authorities and constraints governing federal law enforcement in the national security context, including foreign intelligence surveillance, counterterrorism prosecution, classified information procedures, extraterritorial jurisdiction, and the relationship between intelligence collection and criminal prosecution;
Institutional Independence and Separation of Powers: The constitutional and institutional framework governing the independence of federal law enforcement from political direction, including the proper scope of executive enforcement priorities, the limits of congressional oversight, the role of the judiciary in constraining prosecutorial authority, and the design principles underlying the Council's structure;
Civil Rights Enforcement: The federal government's authority and obligation to enforce civil rights through criminal prosecution, including the enforcement of 18 U.S.C. Sections 241 and 242, hate crimes legislation, voting rights enforcement, police misconduct prosecution, and the relationship between federal civil rights enforcement and state criminal justice systems;
Financial Crime and Regulatory Enforcement: The federal government's authority to prosecute financial crime and enforce regulatory criminal provisions, including securities fraud, tax fraud, antitrust violations, environmental crimes, Foreign Corrupt Practices Act enforcement, money laundering, and the relationship between regulatory agencies and criminal prosecution.

(b) Coverage Requirement¶

A nominee's documentation -- whether Track 1 works or Track 2 essays -- shall cover at least three of the six subject matter areas defined in this section. The prosecutorial philosophy statement required by Section 305 is not counted toward this requirement.

Section 308. Documentation Validity and Record Preservation¶

(a) Validity Period¶

Nomination documentation submitted under this Title shall remain valid for the duration of the nomination to which it pertains. If a nomination is withdrawn or rejected by the Senate, the submitted documentation does not carry over to a subsequent nomination. A renominated individual must submit a new record, though the individual may resubmit previously submitted works if they otherwise meet the requirements of this Title.

(b) Public Record¶

All nomination materials certified as complete under Section 306(b) shall be preserved as a permanent public record by the Clerk of the Council and maintained on the Council's public website. The complete nomination record of every confirmed Council Member shall remain publicly accessible for the duration of the Member's service and thereafter.

(c) Supervised Assessment Security¶

(1) Specific scenarios used in Track 2 supervised assessments shall be treated as confidential before and during administration. Upon completion of the assessment and certification of the record as complete under Section 306(b), the nominee's completed essays shall be disclosed publicly under Subsection 306(a).

(2) The Assessment Design Authority shall retire scenarios after each use and shall not reuse scenarios across assessment cycles.

TITLE IV: THE LAW ENFORCEMENT SECRETARY¶

Section 401. 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 402. 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 V.

(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 V.

Section 403. 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 V: EXECUTIVE-COUNCIL COMMUNICATION PROTOCOL¶

Section 501. 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 502. 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 502(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 XV.

Section 503. 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 504. 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 505.

(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 505. 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 505(b) is a protected whistleblower under Title XIII 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 506. 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 VI: DIRECTOR OF OPERATIONS¶

Section 601. 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 602. 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 VII.

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 VII 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 603. 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 VII: DECISION AUTHORITY¶

Section 701. 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;
Assignment of special review assignments to Senior Service Corps Members under Section 1004(c).

(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 VIII;
Removal of a Special Counsel pursuant to Title VIII;
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 702. 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 and Build-Up Adjustments¶

(1) Counting Rule. For purposes of calculating voting thresholds under this section, all Council Members serving in any capacity -- whether holding a full-term appointment, a Remainder Term appointment under Section 210(g), or serving in a Vacancy Coverage Rotation under Section 210 -- shall be counted as seated members with full voting authority.

(2) Adjusted Thresholds. When fewer than seven members are seated, voting thresholds shall be adjusted as follows:

(A) Simple majority: a majority of seated members, with a floor of three affirmative votes;

(B) Enhanced majority: the number of seated members minus two, with a floor of four affirmative votes;

(C) Supermajority: the number of seated members minus one, with a floor of five affirmative votes.

(3) Threshold Table. The following table specifies the number of affirmative votes required at each tier for each level of seated membership:

Seated Members	Simple Majority	Enhanced Majority	Supermajority
7	4	5	6
6	4	4	5
5	4	4	5

(4) Supermajority Prohibition Below Five. If fewer than five members are seated, the Council may not make supermajority decisions under Section 701(c) until additional members are seated or coverage members are activated. Enhanced majority decisions require four affirmative votes from any combination of four or more seated members.

(5) Minimum Operating Membership. The Council shall not transact any business when fewer than four members are seated.

(e) Quorum¶

(1) At full complement of seven members, five members shall constitute a quorum for the transaction of business.

(2) When fewer than seven members are seated, a quorum shall consist of a majority of seated members, with an absolute floor of four. The Council shall not transact business with fewer than four members present.

(3) For purposes of this subsection, "seated members" includes all members described in Subsection 702(d)(1).

(4) During the build-up period established by Title XVI, the quorum provisions of this subsection apply from the date the Council assumes operational authority under Section 1603.

(f) Recusal Adjustments¶

When recusals reduce the number of participating members below the threshold required for a particular decision, the Council shall:

Activate a Vacancy Coverage Rotation under Section 210 to restore the required membership for that matter, provided that a Senior Service Corps Member or Tier 2 official is available and not also recused;
If no eligible coverage member is available, defer the matter until the recusal condition is resolved or membership is restored by regular appointment.

TITLE VIII: SPECIAL COUNSEL¶

Section 801. 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 801(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 801(c) who have been nominated by federal judges, former Attorneys General, or former Council Members.

Section 802. 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 803. 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 804. 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 IX: INSPECTOR GENERAL¶

Section 901. 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;
One former United States Attorney who has served a minimum of eight years as a United States Attorney and has been separated from that office for at least five years, selected by lottery from the pool of all qualifying former United States Attorneys. For purposes of this paragraph, cumulative service as a United States Attorney shall be calculated excluding any period of acting or interim service;
The President of the American Bar Association, or designee.

(b) Additional Functions¶

The nominating committee established under Subsection 901(a) shall also serve as:

The selecting body for two of three members of the Bridge Ethics Review Panel established under Section 1107(b), specifically the former United States Attorney (Section 1107(b)(1)) and the member from outside the Department of Justice (Section 1107(b)(3)); and
The Assessment Design Authority for Track 2 supervised assessments under Section 304(c).

When convened for purposes described in this subsection, the nominating committee shall follow the procedures applicable to each function as established in the respective Title.

(c) 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 by a vote of not fewer than five Council Members.

(d) Term of Office¶

(1) The Inspector General shall serve a single term of ten years beginning on the date of appointment. The Inspector General may not be reappointed.

(2) Not later than twelve months before the expiration of the Inspector General's term, the nominating committee shall convene to identify candidates for a successor. The Council shall appoint a successor not later than the expiration of the incumbent's term.

(3) If no successor has been appointed by the expiration of the Inspector General's term, the incumbent shall continue to serve in a holdover capacity until a successor is appointed, but for no longer than one hundred eighty days. If no successor has been appointed within one hundred eighty days after the expiration of the term, the vacancy provisions of Subsection 901(e) shall govern.

(e) Vacancy¶

(1) When the position of Inspector General is vacant by reason of death, resignation, removal, incapacity, or expiration of the holdover period under Subsection 901(d)(3), the Deputy Inspector General or, if no Deputy Inspector General is serving, the most senior career official within the Office of Inspector General, shall serve as Acting Inspector General.

(2) The Acting Inspector General shall exercise the full authority of the Inspector General under this Title, including the authority to conduct and complete investigations, make referrals under Section 903(c), and submit reports under Section 903(d).

(3) Service as Acting Inspector General shall not exceed one hundred eighty days. The nominating committee shall convene within thirty days of the vacancy to identify candidates. The Council shall appoint a successor within the one-hundred-eighty-day period.

(4) The Acting Inspector General may not be a candidate for appointment as Inspector General.

Section 902. 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 903. 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 V;
Retaliation against whistleblowers in violation of Title XIII;
Prohibited personnel practices in violation of Title XII;
Ethics violations by Council Members, the Director of Operations, or senior Department leadership.

(c) Ethics Review Referral¶

(1) Upon completion of an investigation under Subsection 903(b)(5) involving a sitting Council Member, the Inspector General shall:

(A) Dismiss the complaint with written findings if the investigation does not substantiate a violation; or

(B) Refer the complaint to the Ethics Review Panel established by Title XI with written findings and recommendations if the investigation substantiates a violation.

(2) A referral under this subsection shall include the materials specified in Section 1103(b).

(3) The Inspector General's referral authority under this subsection is in addition to, and does not displace, the Inspector General's reporting obligations under Subsection 903(d). The Inspector General may both refer a substantiated complaint to the Ethics Review Panel and report findings to the Judiciary Committees when the nature of the violation warrants both actions.

(4) The Inspector General shall not refer a complaint to the Ethics Review Panel unless the investigation has been completed and the complaint substantiated. Preliminary findings, ongoing investigations, and unsubstantiated complaints shall not be referred.

(d) 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 annual report shall include, without disclosing the identities of Council Members who are subjects of unsubstantiated complaints, a summary of the number and nature of ethics complaints received, investigated, substantiated, dismissed, and referred to the Ethics Review Panel during the reporting period.
The Inspector General shall immediately notify both Judiciary Committees of any interference with the Inspector General's investigative functions.

(e) 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 X: SENIOR SERVICE CORPS¶

Section 1001. Establishment¶

(a) Creation¶

There is established the Senior Service Corps of the Federal Law Enforcement Council, consisting of former Council Members who have completed their terms of service and transitioned to senior service status pursuant to this Title.

(b) Purpose¶

The Senior Service Corps serves as the institutional mechanism for preserving the experience and expertise of former Council Members in the service of the Department of Justice. Corps Members perform substantive institutional functions as active government employees, including prosecution pattern review, policy evaluation, training, special review assignments, congressional and interagency liaison, ethics review panel service, and vacancy coverage.

(c) Entry¶

A former Council Member enters the Senior Service Corps upon the expiration of the Member's term of service, whether a full fourteen-year term or a Remainder Term under Section 210(g). Entry is automatic and does not require nomination, confirmation, or any other action.

(d) Corps Size¶

The Senior Service Corps shall consist of no more than seven members at any time.

(e) First In, First Out¶

(1) When the Corps is at its maximum of seven members and a new former Council Member enters the Corps, the member who has served longest in the Corps shall be retired from the Corps with full benefits, pension, and emeritus status as provided in Section 1006.

(2) If the Corps is below its maximum -- whether due to departures after the mandatory service period, health or personal circumstances exemptions, or the growth trajectory during the build-up period -- new entrants fill available positions without triggering the first-in, first-out mechanism.

Section 1002. Mandatory and Voluntary Service¶

(a) Mandatory Minimum¶

Each Senior Service Corps Member shall serve a mandatory minimum of four years of active senior service, commencing on the date of entry into the Corps.

(b) Voluntary Continuation¶

After completing the mandatory minimum, a Corps Member may continue in active senior service voluntarily until retired from the Corps under the first-in, first-out mechanism of Section 1001(e).

(c) Departure After Mandatory Minimum¶

A Corps Member who has completed the mandatory minimum may petition the Clerk of the Council for departure from the Corps. Departure after the mandatory minimum is at the Member's discretion and does not require cause. A departed Member retains pension, benefits, and emeritus status as provided in Section 1006 but is no longer available for Corps duties, including vacancy coverage and ethics review panel service.

(d) Mandatory Minimum During Vacancy Coverage or Ethics Review¶

A Corps Member who is serving in a Vacancy Coverage Rotation under Section 210 or on the Ethics Review Panel under Title XI at the time the mandatory minimum expires shall complete the coverage assignment or panel proceeding before departing the Corps. The period of extended service counts toward the Member's total service in the Corps.

Section 1003. Health and Personal Circumstances Exemption¶

(a) Petition¶

A Senior Service Corps Member may petition the Clerk of the Council to be excused from active senior service on grounds of physical or mental health, or compelling personal circumstances.

(b) Medical Certification¶

Petitions based on physical or mental health shall be supported by a certification from a licensed physician attesting that active senior service duties would be medically inadvisable.

(c) Effect of Exemption¶

(1) An excused Member is relieved of Corps duties, including vacancy coverage and ethics review panel service, for the duration of the exemption.

(2) An excused Member retains pension accrual, benefits, and emeritus status as provided in Section 1006. Exemption does not constitute departure from the Corps for purposes of the first-in, first-out mechanism of Section 1001(e).

(3) The mandatory minimum service period under Section 1002(a) is tolled during any period of exemption. Upon reinstatement, the Member shall complete the remaining portion of the mandatory minimum.

(d) Reinstatement¶

An excused Member may petition for reinstatement to active senior service at any time. The Clerk shall reinstate the Member upon receipt of the petition, or, in the case of a health-based exemption, upon receipt of a physician's certification that active service is no longer medically inadvisable.

Section 1004. Substantive Work Portfolio¶

(a) Institutional Oversight¶

Senior Service Corps Members shall conduct prosecution pattern review, policy evaluation, and systemic assessment of Department of Justice operations. This work is advisory and evaluative; Corps Members do not exercise operational authority over Department personnel or pending matters.

(b) Training and Mentorship¶

Corps Members shall develop and participate in professional development programs for career prosecutors, United States Attorneys, and Department of Justice leadership. Programs shall emphasize institutional independence, prosecutorial ethics, and the proper relationship between political authority and prosecutorial judgment.

(c) Special Review Assignments¶

The Council may assign Corps Members to review complex, sensitive, or cross-jurisdictional matters that benefit from experienced review outside the active Council's chain of command. Special review assignments are advisory and evaluative, not operational. Corps Members conducting special reviews shall not direct investigations, issue prosecutorial orders, or exercise any authority reserved to the Council or the Director of Operations.

(d) Congressional and Interagency Liaison¶

Corps Members may represent the Council and the Department of Justice in congressional, interagency, and intergovernmental contexts where the active Council Members' independence might be compromised by direct engagement. Liaison duties include testimony, briefings, and institutional representation as assigned by the Council.

(e) Ethics Review Panel Service¶

Corps Members are eligible for service on the Ethics Review Panel established by Title XI when called upon pursuant to the procedures of that Title.

(f) Work Assignment¶

The Council shall establish, by rule, procedures for assigning work portfolio responsibilities to Corps Members, including the distribution of institutional oversight, training, and special review assignments. Work assignments shall be distributed equitably among available Corps Members, accounting for vacancy coverage and ethics review panel obligations.

Section 1005. Vacancy Coverage Duties¶

(a) Tier 1 Status¶

Senior Service Corps Members constitute Tier 1 of the Vacancy Coverage Roster established by Section 210(c). When a Vacancy Event occurs and a Vacancy Coverage Rotation is activated, Corps Members are drawn first, in the order established by Section 210(d).

(b) Selection and Deferral¶

The selection order and deferral provisions for Corps Members serving in Vacancy Coverage Rotations are governed by Section 210(d). The procedures of that section apply to all vacancy coverage service under this section.

(c) Authority During Coverage¶

A Corps Member serving in a Vacancy Coverage Rotation exercises the full authority of a Council Member for the duration of the coverage assignment, as provided in Section 210(d)(3).

(d) Return to Corps Duties¶

Upon the conclusion of a Vacancy Coverage Rotation, the Corps Member shall return to the Senior Service Corps and resume the duties of the substantive work portfolio under Section 1004.

Section 1006. Compensation and Benefits¶

(a) Routine Corps Compensation¶

Senior Service Corps Members shall receive compensation equivalent to Level II of the Executive Schedule (5 U.S.C. Section 5313) during active senior service. Corps Members are active government employees performing substantive work; senior service compensation is a salary, not a retainer.

(b) Vacancy Coverage Compensation¶

A Corps Member serving in a Vacancy Coverage Rotation under Section 210 shall be compensated at the rate established for Council Members under Section 205 -- Level I of the Executive Schedule (5 U.S.C. Section 5312) -- for the duration of the coverage assignment. Upon conclusion of the coverage assignment, compensation reverts to the Level II rate under Subsection 1006(a).

(c) Pension and Retirement Benefits¶

(1) Service in the Senior Service Corps shall count toward federal pension accrual under the applicable retirement system.

(2) A Corps Member retired from the Corps under the first-in, first-out mechanism of Section 1001(e), or departed after completing the mandatory minimum under Section 1002(c), shall receive pension and retirement benefits based on the total of active Council service and senior service.

(3) A Corps Member retired or departed from the Corps shall retain emeritus status and may use the title "Member Emeritus of the Federal Law Enforcement Council."

(d) Benefits During Exemption¶

A Corps Member excused under Section 1003 continues to accrue pension and retain benefits during the exemption period. Compensation during the exemption period shall be determined by the Council by rule, provided that it shall not be less than one-half of the Level II rate.

Section 1007. Security Clearances¶

(a) Continuous Clearance¶

Security clearances held by a Council Member at the time of transition to the Senior Service Corps shall be maintained continuously through active senior service without interruption or reactivation delay.

(b) Level of Clearance¶

Corps Members shall retain the level of security clearance required for their assigned duties, including any clearance required for vacancy coverage service, ethics review panel service, special review assignments, or congressional liaison functions.

(c) Clearance Upon Departure¶

Upon departure or retirement from the Corps, security clearances shall be handled in accordance with applicable federal law and executive order governing the termination of clearances for departing government employees.

Section 1008. Conflict of Interest and Disclosure¶

(a) Employee Status¶

Senior Service Corps Members are government employees of the Department of Justice for purposes of conflict of interest law, financial disclosure requirements, and the Ethics in Government Act.

(b) Annual Disclosure¶

Each Corps Member shall file annual financial disclosure reports in accordance with the Ethics in Government Act and any additional requirements applicable to senior Department of Justice officials.

(c) Reduced Conflict Profile¶

Because Corps Members are government employees rather than private citizens returning to government service, the conflicts of interest associated with the revolving door between government and private practice are substantially reduced. Standard annual disclosure filings apply, consistent with those required of any senior Department of Justice official.

(d) Post-Corps Employment Restrictions¶

Upon departure or retirement from the Corps, former Corps Members shall be subject to the post-employment restrictions applicable to senior Department of Justice officials under 18 U.S.C. Section 207 and any additional restrictions established by the Council by rule.

Section 1009. Retaliation Protection¶

(a) Civil Service Protections¶

Senior Service Corps Members shall receive the full civil service protections applicable to federal employees of the Department of Justice, including the protections established by Title XII of this Act.

(b) Enhanced Protections for Ethics Review Service¶

A Corps Member acting in the capacity of Ethics Review Panel member under Title XI shall receive enhanced retaliation protection. No officer or employee of the United States shall take or threaten to take any adverse action against a Corps Member on the basis of that Member's service on, vote within, or findings issued by the Ethics Review Panel.

(c) Whistleblower Protections¶

Corps Members are protected whistleblowers under Title XIII of this Act with respect to all protected activity enumerated therein.

(d) Enforcement¶

Violations of this section shall be investigated by the Inspector General and, where substantiated, referred for enforcement in accordance with the procedures established by Titles XII and XIII.

TITLE XI: ETHICS REVIEW AND ACCOUNTABILITY¶

Section 1101. Preservation of Existing Ethics Obligations¶

(a) Application¶

Council Members, Senior Service Corps Members, the Director of Operations, and all attorneys employed by the Department of Justice remain subject to all existing ethics obligations applicable to Department of Justice attorneys, including but not limited to:

The Ethics in Government Act of 1978, as amended (5 U.S.C. App.);
The professional conduct standards imposed by 28 U.S.C. Section 530B, requiring Department of Justice attorneys to comply with state bar rules and local federal court rules governing attorneys in each State where they engage in their duties;
The standards of conduct for Department of Justice employees established by 28 CFR Part 45;
The Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR Part 2635;
The financial disclosure requirements applicable to senior government officials under the Ethics in Government Act.

(b) No Preemption¶

Nothing in this Title shall be construed to preempt, supersede, or diminish any ethics obligation established by the provisions enumerated in Subsection 1101(a), or by any other applicable federal law, regulation, or state bar rule. The ethics review mechanism established by this Title supplements existing obligations and enforcement mechanisms; it does not replace them.

(c) Coordination with Existing Enforcement¶

The Office of Professional Responsibility, the Office of Inspector General of the Department of Justice, and any state bar authority with jurisdiction over a Council Member or Senior Service Corps Member retain their existing investigative and disciplinary authority. The Ethics Review Panel established by this Title exercises jurisdiction over referrals from the Inspector General appointed under Title IX and does not displace or limit any parallel proceeding by existing enforcement bodies.

Section 1102. Ethics Review Panel¶

(a) Establishment¶

There is established an Ethics Review Panel to adjudicate ethics complaints against sitting Council Members when referred by the Inspector General appointed under Title IX.

(b) Composition¶

(1) The Ethics Review Panel shall consist of three Senior Service Corps Members.

(2) The three Corps Members who have served longest in the Senior Service Corps, and who are not otherwise disqualified under this section, shall comprise the Panel.

(3) If fewer than three Senior Service Corps Members are available to serve on the Panel, the Bridge Ethics Review Panel mechanism established in Section 1107 shall apply.

(c) Disqualification¶

(1) A Senior Service Corps Member is disqualified from serving on the Ethics Review Panel in a proceeding if the Member:

(A) Is the subject of the complaint;

(B) Has a personal, financial, or professional relationship with the subject Member that would create a reasonable appearance of partiality;

(C) Is currently serving in a Vacancy Coverage Rotation under Section 210, unless the Vacancy Coverage Rotation has concluded before the Panel is convened; or

(D) Has a conflict of interest that would require recusal under the standards of Section 208.

(2) When a Corps Member is disqualified under this subsection, the next longest-serving Corps Member who is not disqualified shall fill the position on the Panel.

(3) Notwithstanding paragraph (1)(B), the disqualification for prior service overlap shall be waived if its application would reduce the Panel below three members.

(d) No Self-Activation¶

The Ethics Review Panel shall not initiate proceedings on its own motion. The Panel's jurisdiction is activated only upon receipt of a referral from the Inspector General pursuant to Section 1103.

(e) Authority¶

The Ethics Review Panel shall have authority to:

Receive referrals from the Inspector General with written findings and recommendations;
Conduct hearings and receive evidence;
Make findings of fact and conclusions of law;
Impose sanctions as provided in Section 1105.

(f) Voting Requirements¶

(1) Sanctions of Private Admonishment require a majority vote of the Panel (two of three members).

(2) Sanctions of Public Admonishment require a majority vote of the Panel (two of three members).

(3) Sanctions of Public Censure require a unanimous vote of the Panel (three of three members).

(4) All final decisions of the Panel shall include written opinions. Opinions may be issued per curiam or under the names of the Panel members, at the Panel's discretion.

Section 1103. Activation and Referral¶

(a) Triggering Event¶

The Ethics Review Panel is activated when the Inspector General, having conducted an investigation under Section 903 and determined that a complaint against a sitting Council Member is substantiated, refers the complaint to the Panel with written findings and recommendations.

(b) Contents of Referral¶

A referral under this section shall include:

A written statement of the factual findings of the Inspector General's investigation;
Identification of the specific ethics obligations the Inspector General has determined were violated;
The Inspector General's recommendation regarding the appropriate level of sanction, which shall not be binding on the Panel;
All evidence gathered during the investigation that the Inspector General determines is relevant to the Panel's proceedings, subject to the confidentiality provisions of Subsection 1103(d).

(c) Notice to Subject Member¶

Upon receipt of a referral, the Clerk of the Council shall, within seven days, provide the subject Council Member with:

A copy of the Inspector General's referral, including all written findings and recommendations;
Identification of all evidence submitted to the Panel;
Notice of the subject Member's rights under Section 1104;
A schedule for the proceedings, including the deadline for the subject Member's written response.

(d) Confidentiality¶

(1) All referrals and proceedings shall remain confidential until such time as the Panel issues a final decision imposing a sanction of Public Admonishment or Public Censure.

(2) Proceedings resulting in dismissal or Private Admonishment shall not be disclosed publicly.

(3) Nothing in this subsection shall prevent the Inspector General from disclosing information to law enforcement authorities if there is evidence of criminal conduct, consistent with the Inspector General's authority under Section 903.

Section 1104. Proceedings and Due Process¶

(a) Right to Respond¶

The subject Council Member shall have the right to submit a written response to the Inspector General's referral within forty-five days of receiving notice under Section 1103(c). The Panel may grant an extension of up to thirty additional days upon a showing of good cause by the subject Member.

(b) Right to Hearing¶

(1) The subject Member shall have the right to a hearing before the Panel at which the Member may present evidence, call witnesses, and respond to the evidence submitted by the Inspector General.

(2) The subject Member may be represented by counsel of the Member's choosing at all stages of the proceedings.

(3) The hearing shall be conducted in a manner consistent with fundamental fairness, but need not conform to the Federal Rules of Evidence or the Federal Rules of Civil Procedure. The Panel shall establish procedures ensuring that both the Inspector General's evidence and the subject Member's response receive full and fair consideration.

(c) Evidentiary Standard¶

The Panel shall find a violation only upon clear and convincing evidence. The burden of proof rests with the Inspector General.

(d) Timeline¶

(1) The Panel shall issue a final decision within one hundred eighty days of receiving the referral, unless the Panel determines that exceptional circumstances require an extension of no more than ninety additional days.

(2) The Panel shall notify the subject Member, the Inspector General, and the Judiciary Committees of both chambers of any extension and the reasons therefor.

(e) Written Decision¶

The Panel's final decision shall include:

Findings of fact;
Conclusions of law, identifying the specific ethics obligation found to have been violated or the specific basis for dismissal;
The sanction imposed, if any, with a statement of the Panel's reasoning for selecting the particular sanction level;
Any dissenting or concurring opinion by a Panel member.

Section 1105. Sanctions¶

The Ethics Review Panel may impose the following sanctions upon a finding that a Council Member has violated an applicable ethics obligation:

Private Admonishment: A confidential written communication to the Council Member identifying the violation, explaining the basis for the finding, and directing corrective action. A Private Admonishment is not disclosed publicly and does not appear in the member's public record, but is preserved in a confidential file maintained by the Clerk of the Council and accessible to the Panel in any subsequent proceeding involving the same member.
Public Admonishment: A published written communication identifying the violation, explaining the basis for the finding, and directing corrective action. A Public Admonishment is published in the Federal Register and transmitted to the Judiciary Committees of both chambers.
Public Censure: A formal published finding of serious ethical violation, accompanied by a detailed written opinion. A Public Censure is published in the Federal Register, transmitted to the Judiciary Committees of both chambers, and entered into the Documentation Registry maintained by the Clerk of the Council pursuant to Section 504.

(b) No Removal Authority¶

The Ethics Review Panel has no authority to remove a Council Member from office. Removal of a Council Member remains exclusively within the authority of the President pursuant to Section 209. Nothing in this Title shall be construed to create, imply, or expand any removal authority beyond that established in Section 209.

(c) Relationship to Presidential Removal¶

A finding by the Ethics Review Panel does not compel the President to initiate for-cause removal proceedings under Section 209, nor does the absence of a Panel finding preclude the President from initiating such proceedings. The Panel's proceedings and the President's removal authority operate independently.

(d) Prior Sanctions as Aggravating Factor¶

In determining the appropriate sanction level, the Panel may consider prior sanctions imposed on the same member, including Private Admonishments preserved in the confidential file maintained under Subsection 1105(a)(1). A pattern of prior violations may support the imposition of a more serious sanction than the current violation would independently warrant.

(e) Corrective Action¶

When a sanction includes a directive for corrective action, the subject Member shall report compliance to the Panel, through the Clerk of the Council, within the time specified in the Panel's order. Failure to comply with a corrective action directive may be treated as a separate violation and referred to the Inspector General for investigation.

Section 1106. Appellate Review¶

(a) Right of Appeal¶

A Council Member sanctioned by the Ethics Review Panel may seek review of the Panel's decision in the United States Court of Appeals for the District of Columbia Circuit.

(b) Standard of Review¶

The D.C. Circuit shall review the Ethics Review Panel's conclusions of law de novo and its findings of fact for clear error.

(c) Automatic Stay¶

The filing of a petition for review shall automatically stay the imposition of any sanction pending resolution of the appeal, except that the confidentiality provisions of Section 1103(d) shall remain in effect during the pendency of the appeal.

(d) Venue¶

The D.C. Circuit is the exclusive venue for judicial review of Ethics Review Panel decisions, consistent with the venue established for challenges to for-cause removal under Section 209(d).

(e) Scope of Review¶

The D.C. Circuit may:

Affirm the Panel's decision;
Reverse the Panel's decision in whole or in part;
Remand to the Panel for further proceedings consistent with the court's opinion;
Modify the sanction imposed, including reducing the sanction to a lesser level within the menu established by Section 1105(a).

(f) Final Decision¶

The decision of the D.C. Circuit shall be final, subject only to review by the Supreme Court of the United States on writ of certiorari.

Section 1107. Bridge Ethics Review Panel¶

(a) Activation¶

During any period in which fewer than three Senior Service Corps Members are available to serve on the Ethics Review Panel -- whether because the Senior Service Corps has not yet been populated, because disqualifications under Section 1102(c) have reduced the available pool below three, or for any other reason -- the Bridge Ethics Review Panel shall exercise the authority of the Ethics Review Panel under this Title.

(b) Composition¶

The Bridge Ethics Review Panel shall consist of three members:

One former United States Attorney who has served a minimum of eight years as a United States Attorney and has been separated from that office for at least five years, selected by the Inspector General's nominating committee established under Section 901;
One former federal judge with substantial criminal law experience, selected by the Judicial Conference of the United States;
One member selected by the Inspector General's nominating committee from outside the Department of Justice, who shall not be a current or former employee of the Department.

(c) Qualifications¶

Each Bridge Panel member shall:

Be a member in good standing of the bar of any State or the District of Columbia;
Not hold any current federal office;
Not have any pending matter before the Department of Justice;
Meet any additional qualification established by the Council by rule.

(d) Selection Process¶

(1) The Inspector General's nominating committee and the Judicial Conference shall each select their respective Bridge Panel member within sixty days of a triggering event requiring activation of the Bridge Panel.

(2) If a selecting body fails to designate a member within the sixty-day period, the Clerk of the Council shall notify the Judiciary Committees of both chambers and the selecting body shall complete the designation within an additional thirty days.

(e) Authority¶

The Bridge Ethics Review Panel shall exercise all the powers and duties of the Ethics Review Panel under this Title, including the authority to conduct hearings, make findings, and impose sanctions. The voting requirements of Section 1102(f) apply to the Bridge Panel.

(f) Compensation¶

Bridge Panel members shall be compensated at the daily equivalent of Level III of the Executive Schedule (5 U.S.C. Section 5314) for each day of active service on the Panel, plus reasonable travel expenses.

(g) Phase-Out¶

(1) The Bridge Ethics Review Panel shall phase out when three or more Senior Service Corps Members are available to staff the statutory Ethics Review Panel under Section 1102.

(2) If a Bridge Panel proceeding is in progress at the time the statutory Panel becomes available, the Bridge Panel shall complete the proceeding. The statutory Panel shall assume jurisdiction over all subsequent referrals.

(3) The Clerk of the Council shall publish notice of the phase-out in the Federal Register.

(h) Appellate Review¶

Decisions of the Bridge Ethics Review Panel are subject to the same appellate review in the D.C. Circuit as decisions of the statutory Ethics Review Panel under Section 1106.

TITLE XII: CAREER WORKFORCE PROTECTIONS¶

Section 1201. 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 XIII;
Exercising prosecutorial judgment within the scope of assigned duties.

Section 1202. 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 1203. 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 XII and XIII of this Act.

TITLE XIII: WHISTLEBLOWER PROTECTIONS¶

Section 1301. 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 V;
Reporting political interference in prosecution decisions, investigation conduct, target selection, or case disposition;
Reporting prohibited personnel practices pursuant to Title XII;
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 1203(c).

Section 1302. 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 1303. 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 1304. 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 XIV: TRANSPARENCY AND OVERSIGHT¶

Section 1401. 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 1402. 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 V;
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 1403. 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 XIII.

Section 1404. Documentation Registry Disclosure¶

The public disclosure schedule for the Documentation Registry is established by Section 504(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 XV: NATIONAL SECURITY COORDINATION¶

Section 1501. 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 V. Classified communications shall be transmitted through appropriate secure channels but shall be logged in the Documentation Registry with classification markings.

Section 1502. 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 502 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 1503. 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 XVI: TRANSITION AND IMPLEMENTATION¶

Section 1601. Effective Date and Phased Activation¶

(a) Effective Date¶

This Act shall take effect upon the date of enactment, except as otherwise provided in this Title.

(b) First Appointment Date¶

The First Appointment Date shall be October 1 of the first fiscal year beginning not fewer than eighteen months after the date of enactment. The First Appointment Date marks the commencement of the biennial appointment schedule established by Section 204(c) and the beginning of the build-up period described in Section 1603.

(c) Immediate Effect Upon Enactment¶

The following provisions take effect upon enactment, prior to the First Appointment Date:

The Clerk of the Council shall be designated by the Attorney General within sixty days of the date of enactment to perform the administrative functions assigned by this Act, including publication of the appointment schedule under Section 211 and coordination of the nomination documentation process under Title III;
The appointment schedule required by Section 211 shall be published within ninety days of the date of enactment, identifying the First Appointment Date and the full biennial schedule through at least the first complete cycle of all seven seats;
The Inspector General's nominating committee established by Section 901(a) shall convene within one hundred twenty days of the date of enactment to begin the process of identifying candidates for the position of Inspector General;
The nomination documentation requirements of Title III shall apply to every nomination to the Council submitted after the date of enactment;
The qualifications requirements of Section 203 shall apply to every nomination to the Council submitted after the date of enactment.

(d) Provisions That Take Effect Upon Operational Authority¶

The following provisions take effect upon the date the Council assumes operational authority under Section 1605:

The transfer of authority from the Attorney General to the Council under Section 1605;
The abolition of the Office of the Attorney General under Section 201(b);
The establishment and activation of the Office of the Law Enforcement Secretary under Title IV;
The communication protocol established by Title V;
The decision authority provisions of Title VII;
All remaining provisions of this Act not otherwise assigned an effective date by this Title.

Section 1602. Transitional Governance During Build-Up¶

(a) Continuation of Existing Authority¶

During the period between the date of enactment and the date the Council assumes operational authority under Section 1605, the Attorney General of the United States shall continue to exercise all authority, functions, duties, and legal responsibilities vested by law in the Attorney General. The Attorney General shall serve under existing law and shall not be subject to the structural provisions of this Act, including the terms of office established by Section 204, the for-cause removal provisions of Section 209, or the communication protocol established by Title V.

(b) Continuity of Operations¶

All pending investigations, prosecutions, litigation, regulations, orders, and other ongoing matters of the Department of Justice shall continue without interruption during the transitional governance period. No investigation, prosecution, or other enforcement action shall be initiated, terminated, or altered solely as a consequence of the enactment of this Act or the appointment of Council Members during the build-up period.

(c) Council Members During Build-Up¶

Council Members appointed during the build-up period prior to the Council's assumption of operational authority shall:

Take the oath of office and commence their fourteen-year terms on the October 1 dates established by the appointment schedule, regardless of whether the Council has assumed operational authority;
Receive compensation at Level I of the Executive Schedule from the commencement of their terms;
Be subject to all ethical obligations, financial disclosure requirements, and conflict of interest provisions applicable to Council Members under this Act;
Perform the pre-operational activities described in Section 1604 when the Council reaches minimum operating membership;
Not exercise the operational authority of the Department of Justice, including prosecutorial, investigative, or enforcement authority, until the Council assumes operational authority under Section 1605.

(d) No Dual Authority¶

At no point during the build-up period shall both the Attorney General and the Council exercise operational authority over the Department of Justice simultaneously. The Attorney General's authority terminates upon the Council's assumption of operational authority under Section 1605, and the Council's operational authority activates at that same moment.

Section 1603. Build-Up Appointment Schedule¶

(a) Biennial Cadence¶

The seven Council seats shall be filled over a thirteen-year build-up period using the biennial cadence established by Section 204(c). One seat is appointed every two years, beginning on the First Appointment Date.

(b) Build-Up Schedule¶

The build-up appointment schedule is as follows, with all dates measured from the First Appointment Date:

Build-Up Year	Seat	Term Commencement	Term Expiration	Members Seated
Year 1	Seat 7	October 1, Year 1	September 30, Year 15	1
Year 3	Seat 6	October 1, Year 3	September 30, Year 17	2
Year 5	Seat 5	October 1, Year 5	September 30, Year 19	3
Year 7	Seat 4	October 1, Year 7	September 30, Year 21	4
Year 9	Seat 3	October 1, Year 9	September 30, Year 23	5
Year 11	Seat 2	October 1, Year 11	September 30, Year 25	6
Year 13	Seat 1	October 1, Year 13	September 30, Year 27	7

(c) Steady State¶

Upon completion of the build-up period, the appointment schedule enters steady state. Seat 7 is reappointed in Year 15, Seat 6 in Year 17, and so forth in the biennial cadence established by Section 204(c). The steady-state schedule continues indefinitely.

(d) Build-Up Vacancy Events¶

(1) If a Vacancy Event under Section 210(b) occurs during the build-up period with respect to a seated Council Member, the vacancy shall be addressed through the tiered coverage roster established by Section 210(c).

(2) During the build-up period, the Senior Service Corps will not yet be populated. All vacancy coverage during the build-up period shall be provided by Tier 2 (Senior United States Attorneys) under Section 210(e).

(3) A vacancy occurring during the build-up period creates a Remainder Term opportunity at the next biennial date under Section 210(g), following the same procedures applicable to vacancies at full complement.

(e) Build-Up Nomination Deadlines¶

For each seat in the build-up schedule, the President shall submit a nomination no later than one hundred eighty days before the October 1 term commencement date for that seat, consistent with Section 204(g). The Senate shall act on the nomination within one hundred twenty days of receiving it, consistent with Section 204(h).

Section 1604. Pre-Operational Council Activities¶

(a) Minimum Operating Membership¶

When the fourth Council Member is seated (Year 7 of the build-up schedule), the Council achieves minimum operating membership under Section 702(d)(5) and may begin transacting internal business as described in this section.

(b) Authorized Pre-Operational Activities¶

During the pre-operational period -- from the date the fourth member is seated through the date the Council assumes operational authority under Section 1605 -- the Council may:

Adopt rules of procedure governing Council operations, including meeting schedules, deliberation procedures, and internal governance, pursuant to Section 701(b)(7);
Establish the administrative infrastructure of the Council, including hiring of Council staff, designation or confirmation of the Clerk of the Council, and procurement of facilities and resources;
Appoint the Inspector General pursuant to Section 901, from among the candidates identified by the nominating committee convened under Section 1601(c)(3);
Conduct institutional orientation, including review of Department of Justice operations, organizational structure, pending matters, and current enforcement priorities, in coordination with the Attorney General;
Develop proposed policies, procedures, and standing orders for adoption upon assumption of operational authority;
Begin the process of identifying and vetting candidates for the position of Director of Operations under Title VI.

(c) Voting Thresholds for Pre-Operational Activities¶

During the pre-operational period, the voting thresholds of Section 702(d) apply. At four seated members, simple majority decisions require four affirmative votes and enhanced majority decisions require four affirmative votes. Supermajority decisions under Section 701(c) may not be made during the pre-operational period.

(d) Inspector General Appointment During Pre-Operational Period¶

(1) The Inspector General shall be appointed by unanimous vote of all seated Council Members during the pre-operational period.

(2) The Inspector General appointed under this subsection assumes the full authority established by Title IX upon appointment, including investigative authority over all Department of Justice operations, and shall coordinate with the Attorney General during the remainder of the transitional governance period.

(3) The Inspector General's ten-year term under Section 901(d) commences upon appointment and continues without interruption through and beyond the Council's assumption of operational authority.

(e) Coordination with the Attorney General¶

During the pre-operational period, the Attorney General shall:

Provide the Council with access to Department of Justice briefings, organizational information, and operational data necessary for the Council's institutional orientation;
Cooperate with the Inspector General appointed under Subsection 1604(d);
Not obstruct, delay, or impede the Council's pre-operational activities described in this section.

Section 1605. Operational Authority and Transfer¶

(a) Trigger¶

The Council assumes operational authority on October 1 of the year in which its fifth member is seated (Year 9 of the build-up schedule), provided that the fifth member has been confirmed by the Senate and has taken the oath of office. This date is the Operational Authority Date.

(b) Transfer of Authority¶

On the Operational Authority Date:

All authority, functions, duties, and legal responsibilities of the Attorney General of the United States are transferred to the Federal Law Enforcement Council;
The Office of the Attorney General is abolished pursuant to Section 201(b);
All statutory references to the Attorney General are construed in accordance with Section 201(b);
The transitional governance provisions of Section 1602 terminate;
All provisions of this Act identified in Section 1601(d) take effect.

(c) Continuity¶

The transfer of authority shall not affect the validity of any action taken by the Attorney General prior to the Operational Authority Date. All pending investigations, prosecutions, litigation, regulations, orders, and other ongoing matters shall continue without interruption under the authority of the Council.

(d) Delayed Confirmation Contingency¶

(1) If the Senate has not confirmed the fifth Council Member by the October 1 date in Year 9, the Operational Authority Date shall be delayed until the fifth member is confirmed and takes the oath of office. The Attorney General shall continue to exercise all functions during the delay.

(2) The Clerk of the Council shall publish notice of any delay, and of the revised Operational Authority Date, in the Federal Register within seven days of the triggering event.

(3) A delay under this subsection does not alter the biennial appointment schedule. Subsequent seats (Seats 2 and 1) remain scheduled for their original October 1 dates in Years 11 and 13 regardless of any delay in the Operational Authority Date.

Section 1606. Transition of Key Officers¶

(a) Law Enforcement Secretary¶

(1) The President shall nominate a Law Enforcement Secretary no later than one hundred eighty days before the projected Operational Authority Date. The Senate shall act on the nomination within one hundred twenty days of receiving it.

(2) Upon confirmation, the Law Enforcement Secretary shall assume the duties of the office on the Operational Authority Date.

(3) If the Law Enforcement Secretary has not been confirmed by the Operational Authority Date, the Council shall assume operational authority without a Law Enforcement Secretary in place. The President's enforcement policy priorities may be communicated to the Council through other documented channels, consistent with the communication protocol established by Title V, until the Law Enforcement Secretary is confirmed.

(b) Director of Operations¶

(1) Within ninety days of the Operational Authority Date, the Council shall appoint the first Director of Operations pursuant to Title VI.

(2) Until the Director of Operations is appointed, the most senior Deputy Attorney General or Associate Attorney General serving at the time of the Operational Authority Date shall serve as Acting Director of Operations, with all authority and duties of the Director under Title VI.

(3) The Acting Director of Operations serves at the pleasure of the Council and may be replaced at any time by the Council's appointment of a permanent Director.

(c) Clerk of the Council¶

(1) The individual designated as Clerk of the Council under Section 1601(c)(1) shall continue to serve as Clerk unless the Council replaces the designee after assuming operational authority.

(2) The Council may, upon assuming operational authority, confirm the existing designee or appoint a new Clerk by majority vote.

Section 1607. Senior Service Corps Establishment Timeline¶

(a) Establishment¶

The Senior Service Corps established by Title X comes into existence upon the date the first former Council Member becomes eligible for entry.

(b) Growth Trajectory¶

The Senior Service Corps grows as follows, assuming no Vacancy Events produce early departures or Remainder Term members:

Year	Event	Corps Size
Year 15	Seat 7's first occupant's term expires; enters Corps	1
Year 17	Seat 6's first occupant's term expires; enters Corps	2
Year 19	Seat 5's first occupant's term expires; enters Corps	3
Year 21	Seat 4's first occupant's term expires; enters Corps	4
Year 23	Seat 3's first occupant's term expires; enters Corps	5
Year 25	Seat 2's first occupant's term expires; enters Corps	6
Year 27	Seat 1's first occupant's term expires; enters Corps	7 (capacity)

(c) Early Entries from Remainder Terms¶

If a Vacancy Event during the build-up or steady-state period produces a Remainder Term appointment under Section 210(g), the Remainder Term member enters the Senior Service Corps upon completion of the Remainder Term under Section 1001(c), potentially accelerating the Corps growth trajectory.

(d) FIFO Activation¶

The first-in, first-out retirement mechanism of Section 1001(e) activates when the Corps reaches its maximum of seven members and a new former Council Member becomes eligible for entry.

(e) Vacancy Coverage Tier 1 Availability¶

(1) Tier 1 vacancy coverage under Section 210(d) is unavailable during the build-up period (Years 1 through 14) because no Senior Service Corps Members exist.

(2) Tier 1 becomes available in Year 15 when the first Corps Member enters service, but provides limited depth. Full Tier 1 depth develops as the Corps grows.

(3) During any period when Tier 1 is unavailable or insufficient, all vacancy coverage is provided by Tier 2 (Senior United States Attorneys) under Section 210(e).

Section 1608. Bridge Ethics Review Panel Activation¶

(a) Bridge Panel Period¶

The Bridge Ethics Review Panel established by Section 1107 is the exclusive mechanism for ethics review adjudication during any period in which fewer than three Senior Service Corps Members are available to staff the statutory Ethics Review Panel under Section 1102.

(b) Timeline¶

Under the growth trajectory established by Section 1607(b), the Bridge Panel period extends from enactment through approximately Year 19 of the build-up schedule, at which point the third Senior Service Corps Member enters service and the statutory Ethics Review Panel can be staffed.

(c) Early Termination¶

If Remainder Term members or other circumstances produce three or more eligible Senior Service Corps Members before Year 19, the Bridge Panel phases out under Section 1107(g) at that earlier date.

(d) Continuous Coverage¶

The ethics review mechanism is available throughout the life of this Act. During the Bridge Panel period, Section 1107 governs. After the Bridge Panel phases out, Section 1102 governs. At no point is there a gap in the availability of ethics review adjudication for complaints referred by the Inspector General.

(e) Bridge Panel Activation During Pre-Operational Period¶

(1) If the Inspector General appointed under Section 1604(d) substantiates an ethics complaint against a Council Member during the pre-operational period (before the Council assumes operational authority), the Bridge Ethics Review Panel shall be convened under Section 1107 to adjudicate the complaint.

(2) The Bridge Panel's authority under this subsection is limited to ethics review adjudication. The Bridge Panel has no authority over the Attorney General or other non-Council officials during the transitional governance period.

Section 1609. Transition of Personnel¶

(a) Continuity of Employment¶

All employees of the Department of Justice shall continue in their positions without interruption upon the Council's assumption of operational authority. 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¶

Upon the Operational Authority Date, 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. No reassignment under this subsection shall constitute an adverse personnel action or reduction in grade, pay, or benefits.

(c) Career Workforce Protections¶

The career workforce protections established by Title XII and the whistleblower protections established by Title XIII apply to all Department of Justice employees from the date of enactment, including during the transitional governance period.

Section 1610. Conforming Amendments¶

(a) Statutory References¶

The Department of Justice shall prepare, and the Council shall transmit to Congress within one year of the Operational Authority 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 to the function described.

(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 1611. 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, beginning with the First Appointment Date;
Pre-operational activities of the Council during the build-up period, including institutional orientation, rule development, and administrative infrastructure;
Establishment of the Office of the Law Enforcement Secretary;
Establishment of the Documentation Registry and Authorized Communication Channel pursuant to Title V;
Enhanced Inspector General capacity, including the expanded investigative and referral authority established by Title IX;
Administration of the nomination documentation process under Title III, including Track 2 supervised assessment facilities, scenario design, and the Assessment Design Authority's operations;
Publication and maintenance of the appointment schedule under Section 211;
Operations and compensation of the Senior Service Corps established by Title X;
Operations of the Ethics Review mechanism established by Title XI, including the Bridge Ethics Review Panel during the bridge panel period and the statutory Ethics Review Panel thereafter;
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, beginning on the Operational Authority Date.

(c) Pre-Operational Appropriations¶

Separate appropriations for the Council's pre-operational activities during the build-up period shall not be drawn from existing Department of Justice operational appropriations. Congress shall appropriate funds for Council pre-operational activities as a distinct line item.

Section 1612. 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 2.1 (Current)

APAI Document Production Standards (Rev 2.1) compliance pass
Added Section 901(c) (Candidate Selection): restores Rev 1.0 Section 801(b) mechanism with enhanced majority (5 of 7) voting threshold for IG appointment
Added Section 901(d) (Term of Office): restores Rev 1.0 Section 801(c) ten-year non-renewable term; adds twelve-month advance succession planning and 180-day holdover cap
Added Section 901(e) (Vacancy): new provision establishing Acting IG succession (Deputy IG or senior career official), 180-day cap, and prohibition on Acting IG candidacy for permanent appointment
Corrected Section 1604(d)(3) cross-reference from "Section 901(c)" to "Section 901(d)" to match restored subsection numbering
Corrected download link format: added emoji per Section 1.9 template
Normalized blank lines after Title headings: removed extra blank line after Titles IV, V, VI, VIII, XII, XIII, XIV, and XV

Revision 2.0

Comprehensive structural revision implementing design decisions from FJBAA comparative analysis
Replaced 7-year terms with 14-year terms; biennial appointment cadence; October 1 term commencement
Established calendar-fixed appointment schedule: vacancies do not create additional appointment opportunities
Terminal appointment: no person who has served any Council term eligible for subsequent nomination
Replaced vacancy succession with tiered coverage roster (Senior Service Corps, Senior U.S. Attorneys) and remainder-term filling mechanism
Added Title III: Nomination Transparency and Documentation with dual-track system (existing record or supervised assessment) and prosecutorial philosophy statement
Added Title X: Senior Service Corps for former Council Members with mandatory minimum service, vacancy coverage duties, substantive work portfolio, and ethics review panel service
Added Title XI: Ethics Review and Accountability with IG-triggered peer review, graduated sanctions (private admonishment, public admonishment, public censure), D.C. Circuit appellate review, and Bridge Ethics Review Panel
Expanded IG nominating committee from 4 to 5 members (added former U.S. Attorney); assigned three functions (IG selection, Bridge Panel selection, Track 2 scenario design)
Expanded IG referral authority (Section 903) to include ethics review referral pathway
Revised voting thresholds (Title VII) with explicit threshold table for reduced membership and build-up period
Revised quorum (Section 702(e)): majority of seated members with absolute floor of 4
Established 5-member operational authority threshold (Section 207(c)); Council assumes authority in Year 9 of build-up
Partisan balance cap (Section 202(b)) clarified: coverage members not counted; party affiliation measured at appointment
Added Section 209(b)(8): good-faith response to Ethics Review Panel findings as excluded ground for removal
Added Section 209(e): relationship between Ethics Review and presidential removal codified as independent
Replaced Title XVI (Transition and Implementation) with phased activation: AG continues during build-up, pre-operational Council activities from Year 7, operational authority transfer at Year 9
Renumbered all titles from Rev 1.0 Title III forward; updated 21 cross-references in carried-forward titles
Six subject matter areas codified (Section 307): prosecutorial discretion, criminal procedure, national security, institutional independence, civil rights enforcement, financial crime and regulatory enforcement
All 10 open implementation details from the design decisions document resolved

Revision 1.0

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)
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