4 1 the manner provided by this Act at any time after the date 2 of enactment of this Act. 3 (c) The provisions of this Act shall not apply to any 4 individual holding an office affected by any amendment 5 made by this Act if such individual would be eligible for 6 appointment to such office after the provisions of this Act 7 become effective. 33-875 - 74 - 19 LEGISLATION PROPOSED A PROPOSED BILL DRAFTED BY LLOYD CUTLER, ESQ. To insure the due administration of justice with respect to the Commission of Crimes by officers and employees of the Executive Branch and with respect to federal elections, to remove enforcement responsibilities in such cases from individuals with actual or apparent conflicts of interest, and to establish an independent Public Prosecutor to further those purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-SHORT TITLE AND DECLARATION OF FINDINGS AND SEC. 101. Short Title PURPOSES This Act may be cited as the "Public Prosecutor Act of 1974." SEC. 102. Findings of Fact and Declaration of Purpose (a) The Congress finds and declares that (1) The continued vitality of American constitutional government requires the confidence of the electorate that the laws of the United States shall be executed faithfully and be enforced without favor against all persons, including officers or employees of the Government and of national political parties, and without conflicts of interest on the part of the individuals charged with their enforcement, and that the integrity of the electoral processes of the United States shall be preserved; (2) Public confidence in the faithful execution and fair and impartial administration of the laws of the United States, and in the electoral processes of the United States, requires that the individuals officially involved in such activities discharge their responsibilities free of conflict of interest and without misconduct, and free of the appearance of conflict of interest or misconduct; (3) In cases involving officers and employees of the Executive Branch of the United States Government and individuals involved in federal election campaign activities the danger of political considerations influencing the Attorney General of the United States and those officials under his supervision and control may impair the vigorous enforcement of the criminal laws, may impair the morale of the Department of Justice, and may thereby undermine public confidence in the faithful execution and fair and impartial administration of the laws of the United States and in the electoral processes of the United States; (4) Maintenance of such public confidence requires the creation of an independent office charged with ensuring that the criminal laws of the United States are vigorously enforced against officers and employees of the Executive Branch of the United States Government and against misconduct in the course of presidential election campaigns; (b) It is the purpose of this act to establish within the Department of Justice an official independent of the President and the Attorney General, and empowered and authorized to take such steps as may be necessary to assure the public that the criminal laws applicable to the conduct of officers and employees of the Executive Branch of the United States Government and of Presidential election campaigns are vigorously enforced. TITLE II-JUDICIAL CODE AMENDMENTS SEC. 201. Part II of Title 28, United States Code, is amended to add the following sections, which collectively shall be designated as Chapter 39 thereof; "SEC. 581. United States Public Prosecutor and Deputy United States Public Prosecutor "(a) The United States Public Prosecutor shall exercise the powers provided for in this chapter, and the Deputy United States Public Prosecutor, except as provided for in Section 587 (i) of this title, shall assist the United States Public Prosecutor in such manner as he may direct. At no time shall the United States Public Prosecutor and the Deputy United States Public Prosecutor be affiliated with the same political party. "(b) The office of the Public Prosecutor shall be administratively a part of the United States Department of Justice, but shall be located in physically separate facilities. The Public Prosecutor shall, subject to the provisions of Section 585 of this title, exercise the powers conferred on him by this chapter independent of supervision by the President of the United States, the Attorney General of the United States, and their subordinates or delegates over any investigatory or prosecutorial activity or decision of the Public Prosecutor. "(c) Notwithstanding subsection (b), the Public Prosecutor shall confer with the Attorney General of the United States or his delegates, and vice versa, in any manner contemplated in this chapter or at such other time and in such other manner as either of them may deem appropriate. "SEC. 582. Manner of Appointment "The President of the United States shall nominate and, by and with the advice and consent of a majority of the Senate of the United States, shall appoint individuals to fill any vacancies in the office of Public Prosecutor or Deputy Public Prosecutor. "SEC. 583. Term and Vacancies “(a) The Public Prosecutor shall hold office for a term of six years and, except as provided for in subsection (d), shall not be eligible for reappointment to a consecutive term as Public Prosecutor. "(b) The first Deputy Public Prosecutor shall hold office for a term of three years and each subsequent Deputy Public Prosecutor shall hold office for a term of six years. Except as provided for in subsection (d), no Deputy Public Prosecutor shall be eligible for reappointment to a consecutive term as Deputy Public Prosecutor. "(c) In the event of the disability of the Public Prosecutor or a vacancy in that office, the Deputy Public Prosecutor shall serve as Acting Public Prosecutor until the expiration of such disability or the appointment of a successor to fill such vacancy. Any vacancy in the office of Public Prosecutor or Deputy Public Prosecutor before the expiration of a term prescribed in subsection (a) or subsection (b) hereof shall be filled by the appointment, in the manner prescribed by Section 582 of this title, of an individual to serve as Public Prosecutor or as Deputy Public Prosecutor, as appropriate, for the unexpired portion of such term. "(d) Any individual nominated and appointed, pursuant to subsection (c) hereof, to fill an unexpired portion of less than one year of a term as Public Prosecutor or Deputy Public Prosecutor shall be eligible to be reappointed for a full term following the expiration of the portion of the term for which such person was first appointed. "SEC. 584. Qualifications "No person shall be eligible to be appointed Public Prosecutor or Deputy Public Prosecutor unless such person: 66 '(a) would be entitled to receive the national security clearances provided for in Section 587 (d) of this title; "(b) is, and for a period of at least 15 years prior to being nominated to serve as Public Prosecutor or Deputy Prosecutor has been, duly admitted to practice in and a member in good standing of the bar of a state or states of the United States; "(c) is, and for a period of at least 10 years prior to being nominated to serve as Public Prosecutor or Deputy Public Prosecutor has been, duly admitted to practice in and a member in good standing of the bar of the Supreme Court of the United States; and "(d) upon being nominated pursuant to Section 582 of this title, has signed a statement to the effect that if such person is appointed to and receives the oath of the office for which such person has been nominated, such person shall not occupy, or assume or discharge the duties of, any other office of profit, honor or trust under the United States during his tenure as Public Prosecutor or Deputy Public Prosecutor; and the statement by a person nominated as Public Prosecutor shall also state that such person shall not occupy, or assume or discharge the duties of any such office, vacancies in which are filled by popular election, during the period ending with the fifth anniversary of the date as of which such person ceases to serve as Public Prosecutor. "SEC. 585. Removal “(a) The Public Prosecutor or Deputy Public Prosecutor may be removed from office by the President only for neglect of duty, misconduct in office amounting to a crime, violation of this Act, or physical or mental disability persisting for more than four months, or by impeachment. "(b) The President shall specify in writing and with precision the cause for which any individual serving as Public Prosecutor is removed pursuant to Subsection (a). “(c) The District Court for the District of Columbia, on application of any individual removed as Public Prosecutor pursuant to Subsection (a), shall have jurisdiction over a civil action to and shall, on an expedited basis, hear any facts bearing on the dismissal of such individual, shall determine de novo whether the cause specified pursuant to Subsection (b) exists, and order appropriate relief. "SEC. 586. Jurisdiction "The Public Prosecutor shall have jurisdiction, which except to the extent provided for in Section 588 of this title shall be concurrent with that of the Attorney General of the United States, to exercise the powers specified in section 587 of this title with respect to any matter that he has reasonable cause to believe involves the commission of any offense specified in Section 269 of title 2, United States Code, or title 18, United States Code: "(a) Sections 2-4 66 "(b) Chapter 11 (with the exception of Sections 212-218 and 224 thereof); "(c) Section 241 of Chapter 13; "(d) Chapter 19 (with the exception of Section 372 thereof), if the conspiracy is to commit any substantive offense enumerated in this Section; "(e) Chapter 29 (with the exception of Sections 592-598, 601, 604, 605 and 612 thereof); "(f) Sections 1001, 1017 and 1018 of Chapter 47; or "(g) Chapter 73 (with the exception of Sections 1501, 1502, 1506-1508, and 1511 thereof), Committed by: "(i) the President or Vice-President of the United States; "(ii) an individual while an officer or employee (other than the Public Prosecutor or the Deputy Public Prosecutor) of the Executive Branch of the United States Government appointed by the President or an officer or employee of The Office of the President however appointed; 66 '(iii) an individual while in a position in the Executive Branch of the United States Government (other than in The Office of the Public Prosecutor) listed in Schedule C to Rule VI of the Civil Service Rules; "(iv) an individual while holding a position as personal or executive assistant or secretary to any of the foregoing; "(v) an individual while an officer or employee of the national organization of a political party; "(vi) an individual while an officer or employee of any organization or entity organized or operated to further the nomination or election of an individual to the office of President or Vice-President of the United States; "(vii) any entity committing a violation of any provision specified in subsection (e) hereof; or "(viii) any person conspiring with, or aiding or abetting, any of the above to commit the offense in question, or any person criminally concealing the same, "or any individual designated or nominated to serve as a Federal officer listed above who has not then assumed such office. |