A bill to establish an independent Special Prosecution office, and for other purposes.
Independent Special Prosecutor Act - Establishes an Independent Special Prosecution Office responsible for investigating and initiating prosecution of all offenses and other matters arising out of the presidential election of 1972 and relating to such election, including all matters which were properly under investigation by the special prosecution force prior to October 19, 1973, pursuant to the agreement made between the former Special Prosecutor and the Attorney General designated on May 19, 1973.
Provides that the Office shall be headed by a Special Prosecutor, to be appointed by the Attorney General, within fifteen days after the date of enactment of this Act.
Grants the Special Prosecutor jurisdiction to investigate and prosecute on behalf of the United States: (1) offenses arising out of the unauthorized entry into Democratic National Committee headquarters at the Watergate; (2) other offenses arising out of the 1972 presidential election; (3) offenses alleged to have been committed by the President, presidential appointees, or members of the White House staff in relation to the 1972 presidential campaign and election; (4) all other matters heretofore referred to the Special Prosecutor pursuant to regulation of the Attorney General; and (5) offenses relating to or arising out of any such matters.
Provides that all materials, tapes, documents, files, work in process, information, and all other property relevant to the duties of the Special Prosecutor under this Act, collected by or in the possession of the former Special Prosecutor shall be delivered to the Special Prosecutor appointed under this Act. States that all investigations, prosecutions, cases, litigation, and grand jury or other proceedings initiated by the former Special Prosecutor shall be continued, as the Special Prosecutor deems appropriate.
Provides that the Special Prosecutor shall appoint a Deputy Special Prosecutor who shall assist the Special Prosecutor as he directs.
Provides annual salaries for the Special Prosecutor and Deputy Special Prosecutor equal to the annual salary and expense allowance payable to a judge of the United States district court.
Provides that the Special Prosecutor shall have the power to appoint, fix the compensation, and assign the duties of such employees as he deems necessary. Requires the Special Prosecutor to submit to the Congress directly requests for such funds, facilities, and legislation as and such request shall receive priority consideration by the Congress.
Directs the Special Prosecutor to carry out his duties under this Act within two years, except as necessary to complete trial or appellate action on indictments then pending.
States that the Special Prosecutor may be removed by the Attorney General for neglect of duty, malfeasance in office, or violation of this Act.
Provides that the district courts shall have original jurisdiction of any action brought by the Special Prosecutor with respect to his removal or attempted removal.
Provides that if any part of this Act is held invalid, the remainder of the Act shall not be affected thereby.
Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this Act.
Introduced in Senate
Referred to Senate Committee on Judiciary.
Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 93-596.
Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 93-596.
Placed on calendar in Senate under Subjects on the Table.
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