"The Public Prosecutor shall, with respect to any matter within the jurisdiction enumerated in Section 586 or 587 of this title, have full power and authority, consistent with the Constitution of the United States, to: “(a) conduct such investigation thereof as he deems appropriate; "(b) obtain and review such documentary, testimonial or other evidence or information as he deems material thereto as may be available from any source, and, if in the possession of an agency of the United States (as defined in Section 6001 (1) of title 18, United States Code), without regard to the provisions of Section 552 (b) (with the exception of paragraph (6) thereof) of title 5, United States Code; "(c) issue appropriate instructions to the Federal Bureau of Investigation and other domestic investigative agencies of the United States (which instructions shall be treated by the heads of such agencies as if received from the Attorney General of the United States) for the collection and delivery solely to the office of the Public Prosecutor of information or evidence bearing thereon, and for the safeguarding of the integrity and confidentiality of all files, records, documents, physical evidence, and other materials obtained or prepared by the Public Prosecutor. "(d) receive appropriate national security clearances and review any evidence or information sought to be withheld on the ground that it is classified or relates to the national security of the United States, except evidence or information claimed to be subject to an evidentiary or testimonial privilege (including evidence or information claimed to be privileged by virtue of the necessity to the proper functioning of the Executive Branch of its remaining confidential); "(e) issue subpoenas to such individuals, entities, or officers or employees of the United States Government or its agencies or departments as he may deem necessary to obtain any evidence or information he is authorized to obtain and review pursuant to subsection (b) or (d), and initiate or defend appropriate proceedings in any court of the United States of competent jurisdiction relating to compliance with any such subpoena ; "(f) determine whether, in a proceeding pursuant to subsection (e) or otherwise, to contest the withholding of any evidence or information he is authorized to obtain and review pursuant to subsection (b) or (d) because such evidence or information is claimed to be subject to an evidentiary or testimonial privilege, including a claim that such evidence or information is privileged by virtue of the necessity to the proper functioning of the Executive Branch of its remaining confidential; "(g) conduct proceedings before grand juries, which proceedings shall be conducted in accordance with Rule 6 of the Federal Rules of Criminal Procedure, as amended; "(h) make application to any court of the United States of competent jurisdiction in a manner consistent with Part V of title 18, United States Code, for a grant of immunity to any witness; "(i) frame and, with the concurrence of the Deputy Public Prosecutor and subject to Section 590 of this title, sign and file indictments and sign and file criminal informations, and prosecute criminal proceedings in the name of the United States, which proceedings shall, except as otherwise provided for in this Chapter, comply with the requirements of all duly enacted Federal statutes or rules governing the conduct of such proceedings; "(j) conduct such civil proceedings as he may deem appropriate to enforce any provision or obtain any remedy for the violation of any statute he is charged with enforcing; "(k) notwithstanding any other provision of law, to exercise all other powers as to the conduct of criminal investigations, prosecutions (including prosecutions for perjury committed in the course of any investigation or judicial or legislative hearing with respect to any matter within the jurisdiction of the Public Prosecutor), civil proceedings and appeals within his jurisdiction that would otherwise be vested exclusively in the Attorney General of the United States and the United States attorney under the provisions of chapter 31 and 35 of this title and the provisions of subpart K, Title 28, Code of Federal Regulations, and act as attorney for the Government in such investigations. prosecutions, proceedings and appeals under the applicable Federal procedural rules. "SEC. 588. Primary Jurisdiction of the Public Prosecutor "(a) The Public Prosecutor shall notify the Attorney General of the United States of the initiation or termination of an investigation of or proceeding with respect to any matter within the jurisdiction enumerated in Section 586 of this title. After the receipt of any such notification and while any investigation or proceeding to which any such notification relates is pending, the Attorney General shall, and shall cause other divisions of the Department of Justice to, refrain from conducting any investigation or prosecution with respect to the subject matter of such notification or any related or overlapping matter, and to refrain from taking any related action with respect thereto, except to the extent that the Public Prosecutor has given prior written approval thereof. "(b) If at any time the Attorney General of the United States believes or has reason to believe that an investigation conducted under his supervision involves or is likely to involve any matter that would fall within the jurisdiction enumerated in Section 586 of this title, he shall forthwith notify the Public Prosecutor thereof and of the reasons for such belief. Upon receipt of any such notification, the Public Prosecutor may in his discretion elect to: "(i) assume sole responsibility for any further conduct of such investigation; "(ii) participate with the Attorney General in any further conduct of such investigation; or "(iii) defer to the ongoing investigation under the supervision of the Attorney General and in that event the Attorney General shall keep the Public Prosecutor fully informed as to the further progress of any such investigation. "SEC. 589. Notification to Attorney General of Initiation of Prosecution "(a) The Public Prosecutor may, together with the Deputy Public Prosecutor, sign and file any indictment returned by a grand jury convened at his request or under his direction and may, together with the Deputy Public Prosecutor, sign and file any criminal information, with respect to any matter within the jurisdiction enumerated in Section 586 and 587 of this title, provided, that in each instance the Public Prosecutor shall have given the Attorney General of the United States five days, prior written notice thereof. "(b) If the Attorney General of the United States disapproves the filing of any indictment or information, or any subsequent action or position taken by the Public Prosecutor in the course of any judicial proceeding pursuant thereto, the Attorney General shall be entitled to appear and present his views amicus curiae to any court before which any such proceeding is pending. "SEC. 590. Actions With Respect to an Incumbent President "(a) Notwithstanding the provisions of Section 587 (i) and Section 589 (a) this title, the Public Prosecutor shall have no authority to initiate any criminal proceeding against an individual then serving as the President of the United States. "(b) Notwithstanding subsection (a), the Public Prosecutor shall have authority to submit any evidence or information obtained by him which, in his judgment, furnishes reasonable grounds for a belief that an incumbent President has committed any impeachable offense (including, subject to the approval of the court supervising any grand jury convened at the request or under the direction of the Public Prosecutor, any relevant report prepared by such grand jury), to the Committee on the Judiciary of the House of Representatives. "SEC. 591. Compensation "Congress may from time to time revise the compensation of the United States Public Prosecutor; provided, that such compensation shall not be subject to dimunition during any period in which any individual is lawfully serving as United States Public Prosecutor or as Deputy United States Public Prosecutor. "SEC. 592. Office of the United States Public Prosecutor "(a) The Public Prosecutor shall have the power to appoint, fix the compensation, and assign the duties of such employees as he deems necessary, including but not limited to attorneys (whether employed with general responsi bilities or for the purpose of discharging the duties of the Public Prosecutor with respect to particular investigations or proceedings), investigators and part-time consultants without regard to the provisions of Title V, United States Code, governing appointments in the competitive Civil Service; the Deputy Public Prosecutor shall have the right to appoint such personal assistants as may be necessary to his properly discharging his responsibilities under Section 587 (i) of this title. “(b) The Public Prosecutor shall have the authority to cause appropriately responsible subordinates to exercise powers conferred on him by Section 587 of this title; provided, That the Public Prosecutor shall have no authority to delegate the decision as to the existence of reasonable grounds to take the action authorized by Section 590 (b) of this title." SEC. 202. Interlocutory Appeals from Certain Decisions. Section 1292 (a) of title 28, United States Code, is hereby amended by striking the period at the end of Section (4) thereof and inserting the following language: "; and "(5) Orders of such district courts or the judges thereof, issued in proceedings relating to compliance with any subpoena issued by the United States Public Prosecutor pursuant to Section 587 (e) of this title, quashing any such subpoena on the ground that or enforcing any such subpoena against a claim that the information sought thereby to be obtained may be withheld because it is classified or relates to the national security of the United States, or because it is subject to an evidentiary or testimonial privilege, or because such evidence or information is privileged by virtue of the necessity to the proper functioning of the Executive Branch of its remaining confidential." SEC. 301. TITLE III-CRIMINAL CODE AMENDMENTS Conflicts of Interest Section 202 of title 18, United States Code, is amended by adding a new paragraph (b) and by renumbering the current paragraph (b) as paragraph (c). As amended, Section 202 (b) reads as follows: "(b) as used in sections 205, 207, 208 and 209 of this title the term 'officer or employee' includes the United States Public Prosecutor, the Deputy United States Public Prosecutor, and members of their staff; and as used in Section 201 of this title, the term 'public official' includes the United States Public Prosecutor, the Deputy United States Public Prosecutor and professional members of their staff." SEC. 302. Secrecy of Records Section 1905 of title 18, United States Code, is amended by adding “(a)” before the beginning of the text thereof. Section 1905 is recaptioned as set forth below, and a new subsection (b), set forth below, is added: "SEC. 1905. Disclosure of confidential information generally and with respect to investigations or proceedings conducted by the public prosecutor." "(b) It shall be unlawful for any officer or employee of the United States Government or of any department or agency thereof, or the member of any grand jury convened at the request or under the direction of the United States Public Prosecutor who, in the course or under color of his duties as such officer, employee or member has had any direct contact with an employee or officer lawfully participating in an investigation conducted by the United States Public Prosecutor pursuant to Section 587 of title 28, United States Code, by virtue of which such person has come into the possession of any evidence or information obtained by or in the possession of the Public Prosecutor or the product of an investigation conducted by the Public Prosecutor pursuant to such section, to disclose, or to cause the disclosure, or in any manner to further the disclosure, of such evidence, information or product to any person other than an officer or employee in the office of the Public Prosecutor or the Department of Justice, or of a court in which a grand jury convened at the request or under the direction of the Public Prosecutor is proceeding, or (to the extent otherwise provided for by law) to a person who is likely to or has become the subject of an investigation by the Public Prosecutor; provided, That the Public Prosecutor may make such public disclosure as is permitted by law of such information as he deems necessary, appropriate or required by law in connection with a proceeding instituted by him with the concurrence of the Deputy Public Prosecutor; "Whoever violates this subsection shall be subject to a civil penalty of between $1,000 and $25,000 and, if the violation is willful, shall be fined up to $50,000 or imprisoned for one year, or both; "Nothing in this section shall be construed to prohibit the Public Prosecutor from taking any action he is authorized by Section 590 (b) of title 28, United States Code, to take, or to preclude any criminal defendant from obtaining any information concerning grand jury proceedings or in the possession of a prosecting official of the United States to which he would otherwise by law be entitled. SEC. 401. Salary TITLE IV-MISCELLANEOUS The United States Public Prosecutor shall be compensated at the rate of per annum and the Deputy United States Public Prosecutor shall be compensated at the rate of $ per annum. $ The Administrator of General Services is hereby authorized and directed to provide the United States Public Prosecutor and the Deputy United States Public Prosecutor with such offices and support facilities as may be necessary, and such additional offices and support facilities as they may from time to time require; provided, that the offices provided pursuant to this section shall be physically separate from the office of the United States Department of Justice, or of any division thereof. SEC. 402. Appropriations There is hereby authorized to be appropriated for the creation of the office of the United States Public Prosecutor the sum of $ ; there is hereby authorized to be appropriated the sum of $ for the operation of the office of the Public Prosecutor for fiscal years 1975 and 1976. STATUTES TITLE 3, UNITED STATES CODE § 19. Vacancy in offices of both President and Vice President; officers eligible to act. (d) (1) If, by reason of death, resignation, removal from office, inability. or failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health, Education, and Welfare, Secretary of Housing and Urban Development, Secretary of Transportation. TITLE 5, UNITED STATES CODE § 101. Executive departments. The Department of the Treasury. The Department of Justice. The Department of the Interior. The Department of Commerce. The Department of Labor. The Department of Health, Education, and Welfare. § 5312. Positions at level I. Level I of the Executive Schedule applies to the following positions, for which the annual rate of basic pay is $35,000: (1) Secretary of State. (2) Secretary of the Treasury. (3) Secretary of Defense. (4) Attorney General. (5) Repealed. Pub. L. 91-375, § 6(c) (12), Aug. 12, 1970, 84 Stat. 776. (6) Secretary of the Interior. (7) Secretary of Agriculture. (8) Secretary of Commerce. (9) Secretary of Labor. (10) Secretary of Health, Education, and Welfare. (11) Secretary of Housing and Urban Development. (12) Secretary of Transportation. § 5313. Positions at level II. Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay is $30,000: (1) Deputy Secretary of Defense. (2) Under Secretary of State. (3) Administrator, Agency for International Development. (4) Administrator of the National Aeronautics and Space Administration. (5) Administrator of Veteran's Affairs. (6) Repealed. Pub. L. 90-83, § 1(13), Sept. 11, 1967, 81 Stat. 198. (7) Under Secretary of Transportation. (8) Chairman, Atomic Energy Commission. (9) Chairman, Council of Economic Advisers. (10) Chairman, Board of Governors of the Federal Reserve System. (11) Director of the Bureau of the Budget. (12) Director of the Office of Science and Technology. (13) Director of the United States Arms Control and Disarmament Agency. (14) Director of the United States Information Agency. (15) Director of Central Intelligence. (16) Secretary of the Air Force. (17) Secretary of the Army. (18) Secretary of the Navy. (19) Administrator, Federal Aviation Administration. (19) Director of the National Science Foundation. (20) Deputy Attorney General. § 5314. Positions at level III. Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay is $29,500: (1) Solicitor General of the United States. (2) Repealed. Pub. L. 91-375, § 6(c) (13) (A), Aug. 12, 1970, 84 Stat. 776. (3) Under Secretary of Agriculture. (4) Under Secretary of Commerce. (5) Repealed. Pub. L. 89-670, § 10 (e), Oct. 15, 1966, 80 Stat. 948. (6) Under Secretary of Health, Education, and Welfare. (7) Under Secretary of the Interior. (8) Under Secretary of Labor. (9) Under Secretary of State for Political Affairs or Under Secretary of State for Economic Affairs. (10) Under Secretary of the Treasury. (11) Under Secretary of the Treasury for Monetary Affairs. (12) Administrator of General Services. (13) Administrator of the Small Business Administration. (14) Deputy Administrator of Veterans' Affairs. (15) Deputy Administrator, Agency for International Development. (16) Chairman, Civil Aeronautics Board. (17) Chairman of the United States Civil Service Commission. (18) Chairman, Federal Communications Commission. (19) Chairman, Broad of Directors, Federal Deposit Insurance Corporation. |