Mr. ERVIN introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To insure the separation of constitutional powers by establishing the Department of Justice as an independent establishment of the United States. 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 4 5 6 7 8 9 10 FINDINGS OF FACT AND DECLARATION OF PURPOSE SECTION 1. (a) The Congress finds and declares that— (1) the Department of Justice is responsible for the performance of functions that are both executive and judicial in nature; (2) the officers and employees of the Department of Justice, including the Attorney General, the Solicitor General, the United States attorneys, and the United 33-875 - 74-17 2 1 2 3 4 5 6 7 States marshals are officers of the courts as well as execu tive branch officers; and (3) to preserve the independence essential to the proper administration of justice the Department of Jus tice should be insulated from the direct political control of the executive branch of Government. (b) It is the purpose of this Act to establish the De 8 partment of Justice as an independent establishment of the 9 United States. 10 SEC. 2. (a) Sections 501 through 510 of title 28, United 11 States Code, are amended to read as follows: 12 "§ 501. Independent establishment 13 “(a) There is established as an independent establish14 ment of the United States Government, the Department of 15 Justice. 16 "(b) The Department shall be headed by an Attorney 17 General who shall be appointed by the President, by and 18 with the advice and consent of the Senate, for a term of 19 six years. There shall be in the Department 20 21 "(1) a Deputy Attorney General, and "(2) a Solicitor General, 22 each of whom shall be appointed by the President, by and 23 with the advice and consent of the Senate, for a term of 24 six years. The Deputy Director shall perform such functions 25 as the Attorney General may prescribe and shall be the Note. - On line 24 "Deputy Director" should read “Deputy Attorney General". 3 1 Acting Attorney General during the absence or disability of 2 the Attorney General or in the event of a vacancy in the 3 position of Attorney General. Upon the expiration of his 4 term, the Attorney General shall continue to serve until his 5 successor has been appointed and has qualified, except that 6 the Attorney General may not serve under the authority of 7 this sentence for a period longer than one year after the 8 expiration of that term. The Solicitor General shall perform 9 such functions as the Attorney General may prescribe. 10 "(c) The officers appointed under this subsection may 11 be removed by the President for neglect of duty or mal12 feasance in office. "§ 502. Assistant Attorneys General; other personnel "(a) The Attorney General may appoint nine Assistant Attorneys General. The Attorney General may also appoint one Assistant Attorney General for Administration. "(b) The Attorney General may appoint such other personnel as may be necessary to carry out his duties and functions under this chapter. The Attorney General may obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5. "8 503. Vacancies "(a) In case of a vacancy in the Office of Attorney General, or of his absence or disability, the Deputy Attor ney General may exercise all the duties of that office, and 4 1 for the purpose of section 3345 of title 5, the Deputy Attor 2 ney General is the first assistant to the Attorney General. 3 "(b) When, by reason of absence, disability, or va4 cancy in office, neither the Attorney General nor the Deputy 5 Attorney General is available to exercise the duties of the 6 Office of Attorney General, the Solicitor General and the 7 Assistant Attorneys General, in such order of succession as 8 the Attorney General may from time to time prescribe, shall 9 act as Attorney General. 10 " 504. Functions of the Attorney General 11 "All functions of other officers of the Department of 12 Justice and all functions of agencies and employees of the 13 Department of Justice are vested in the Attorney General 14 except the functions 15 16 17 18 19 20 21 222 "(1) vested by subchapter II of chapter 5 of title 5 in hearing examiners employed by the Department of Justice; "(2) of the Federal Prison Industries, Incorporated; "(3) of the Board of Directors and officers of the Federal Prison Industries, Incorporated; and "(4) of the Board of Parole. 23 "§ 505. Administrative provision 24 "(a) The Attorney General may from time to time 25 make such provisions as he considers appropriate authoriz |