15 1 force and effect as when exercised by such department or 2 agency. 3 EFFECTIVE DATE: INITIAL APPOINTMENT OF OFFICERS 4 SEC. 10. (a) This Act, and amendments made by this 5 Act, other than this section, shall take effect ninety days after 6 the enactment of this Act, or on such prior date after enact7 ment of this Act as the President shall prescribe and publish 8 in the Federal Register. 9 (b) Notwithstanding subsection (a) of this section, any 10 of the officers provided for in section 2 of this Act may be 11 appointed in the manner provided for in section 2 of this 12 Act, at any time after the date of enactment of this Act. 13 Such officers shall be compensated from the date they first 14 take office, at the appropriate rates provided for in this Act 15 or amendments made by this Act. Such compensation and 16 related expenses of such officers shall be paid from funds 17 available for the functions to be transferred to the Department of Justice established under this Act. Note.-See remarks of Senator Ervin on introducing S. 2803 at p. 377. 93D CONGRESS 2D SESSION S. 2978 IN THE SENATE OF THE UNITED STATES FEBRUARY 7, 1974 Mr. CRANSTON introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a special commission to study the establishment of an independent permanent mechanism for the investigation and prosecution of official misconduct and other offenses committed by high Government officials. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Commission on an Inde4 pendent Permanent Prosecutor Act". 5 6 7 8 FINDINGS BY CONGRESS SEC. 2. The Congress hereby finds and declares (1) the continued strength of public confidence in the impartial administration of criminal justice and in 2 1 the institutions responsible for order and justice under law is vitally important to the future of the Nation; (2) public confidence in the integrity of the Nation's criminal justice system suffers when the investi gation and prosecution of alleged illegal acts committed by high officials of the executive branch are carried out under the authority of the executive branch itself; (3) each time in the Nation's history when it has been necessary to provide for the independent investigation and prosecution of alleged illegal acts committed by high officials of the executive branch the public has had to accept ad hoc responses to such need; (4) the delay and the controversy entailed in the process of developing such an ad hoc response almost inevitably hinder the effectiveness of any subsequent investigation and prosecution; (5) the Congress should consider the desirability and feasibility of establishing a permanent institution which in the future will provide for the independent investigation and prosecution of alleged illegal acts committeed by high officials in the executive branch; (6) an independent study of the full range of pos sibilities for the investigation and prosecution of alleged illegal acts committed by high officials in the executive branch, including the conclusion that present institutions 33-875 - 74-18 3 1 are adequate to the task, would provide a substantial and 2 3 4 5 useful basis upon which Congress could consider the need for such legislation. ESTABLISHMENT OF COMMISSION SEC. 3. (a) There is established a Commission on an 6 Independent Permanent Prosecutor (hereinafter in this Act 7 referred to as the "Commission") which shall be composed 8 of six members who shall be appointed by the Chief Justice 9 of the United States from among persons who have achieved 10 eminence in a field of public service, and at least four of 11 whom shall be persons who have achieved eminence in the 12 field of administration of justice. Not more than three of the 13 members of the Commission shall be adherents of the same 14 political party. The Attorney General or his designee shall 15 be an ex officio member of the Commission. 16 (b) The Chief Justice shall select one of the members 17 of the Commission to serve as Chairman and one to serve 18 as Vice Chairman. The Vice Chairman shall act as Chair19 man in the absence or disability of the Chairman, or in the 20 event of a vacancy in that office. 21 (e) Members of the Commission shall be compensated 22 at the daily rate for executive level IV, for each day they 23 are engaged in the performance of the functions of the 24 Commission, including traveltime; and all members while 23 so serving away from their homes or regular places of 4 1 business, may be allowed travel expenses, including per diem 2 in lieu of subsistence, in the same manner as such expenses 3 are authorized by section 5703 of title 5, United States 4 Code, for persons in the Government service employed 5 intermittently. 6 (d) Vacancies in the membership of the Commission 7 shall be filled in the same manner in which the original 8 appointment was made. 9 (e) Vacancies in the membership of the Commission, 10 as long as there are four members in office, shall not impair 11 the power of the Commission to execute the purposes, 12 functions, and powers of the Commission. Four members of 13 the Commission shall constitute a quorum for the transaction 14 of business. 15 (f) Members of the Commission shall not hold any 16 Federal office in the executive branch or full-time employ17 ment with the United States during their tenure as members 18 of the Commission. DUTIES OF THE COMMISSION SEC. 4. It shall be the duty of the Commission (1) to study the desirability and feasibility of possible means for the establishment of an independent permanent mechanism to provide for the independent investigation and prosecution of crimes, misdemeanors, and other offenses or acts of official misconduct alleged to |