Page images
PDF
EPUB

5

1

2

3

4

5

6

7

8

9

10

11

12

23

have been committed by high officials in the executive

branch of Government;

(2) to consult with any Special Prosecutor, established pursuant to regulations of the Attorney General

or by Act of Congress, and seek the views of such

Special Prosecutor on recommendations proposed to be made by the Commission; and

(3) to consult with the Attorney General and seek his views on recommendations proposed to be made by the Commission.

POWERS OF THE COMMISSION

SEC. 5. (a) The Commission may, in carrying out its 13 duties under this Act, sit and act at such times and places, 14 hold such hearings, take such testimony, have such printing 15 and binding done, and make such expenditures as the Com16 mission deems advisable without regard to the provisions 17 of section 10 of the Federal Advisory Committee Act. Any 18 member of the Commission may administer oaths or affirma19 tions to witnesses appearing before the Commission.

20

(b) Subject to such rules and regulations as may be 21 adopted by the Commission, the Commission shall have the

222

[merged small][merged small][ocr errors][merged small]

power

(1) to appoint and fix the compensation of an executive director, and such additional staff personnel as it

deems necessary, without regard to the provisions of

6

1 title 5, United States Code, governing appointment in

2

the competitive service, and without regard to chapter

3

4

5

6

7

8

9

10

11

12

13

14

15

51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates,

but at rates not in excess of the maximum rate for grade GS-18 of the General Schedule under section 5332 of

such titles; and

(2) to procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code, but at rates not to exceed

the maximum daily equivalent of the annual rate in

effect for grade GS-18 of the General Schedule under

section 5332 of such title.

COOPERATION OF OTHER FEDERAL DEPARTMENTS

SEC. 6. The head of each department, agency, and 16 independent instrumentality of the United States shall cooperate with the Commission to the fullest extent permitted by 18 law in the carrying out of its duties and functions under this

17

19 Act.

2 2 2

20

21

2

REPORTS

SEC. 7. (a) The Commission shall report its findings 22 and recommendations, including if the Commission deems 23 appropriate, draft legislation implementing such recommen24 dations, to the President and the Congress not later than one

7

1 year after the date on which all of the members of the Com2 mission take office under section 3 of this Act.

3 (b) Notwithstanding any other provision of law, the 4 views of any Special Prosecutor required to be obtained 5 under section 3 (2) of this Act shall be printed as an ap6 pendix to the final report required to be submitted under 7 subsection (a) of this section.

11

8 (c) Not later than ninety days after the date on which 9 the Commission reports its findings and recommendations to 10 the President and the Congress, the President shall submit to the Congress and publish a report specifying his views, 12 and rationale therefor, and the views and detailed analysis of 13 the Department of Justice, with respect to the findings and 14 each recommendation contained in the report of the Com15 mission.

16

17

EXPENSES OF THE COMMISSION

SEC. 8. There are authorized to be appropriated to the 18 Commission such sums as may be necessary to carry out the

19 purposes of this Act not to exceed $450,000.

20

21

EXPIRATION OF THE COMMISSION

SEC. 9. The Commission shall cease to exist ninety days 22 after the submission of the report of the President and the 23 Department of Justice described in section 7 (c) of this Act.

Note. See remarks of Senator Cranston on introducing S. 2978 at p. 349.

93D CONGRESS

1ST SESSION

RELATED LEGISLATION

S. 2615

IN THE SENATE OF THE UNITED STATES

OCTOBER 26, 1973

Mr. HARTKE introduced the following bill; which was read twice and referred to the Committee on Rules and Administration

A BILL

To establish an Office of Counsel General in the legislative branch of Goverment, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3

4

DECLARATION OF PURPOSE

SECTION 1. That the Congress finds and declares that 5 there is a need for a professional legal counsel to the Con6 gress learned in the law, the Constitution, and the legislative 7 process; that the Congress is a coequal branch of the United. 8 States Government with specific powers under article I of 9 the United States Constitution; that the enactment of laws 10 necessitates the continual review of such laws under the 11 United States Constitution; that representation of the Con

2

1 gress in the coequal judiciary branch in all matters of law 2 and fact is now a function of the coequal branch, the execu3 tive; that to insure the continued equality of the three branches 4 of government under the United States Constitution and to 5 advise Members of the constitutionality of proposed legisla6 tion, it is hereby declared to be the intent of Congress to 7 establish within the legislative branch an Office of the Counsel 8 General which will carry out the purposes herein setforth.

9

10

ESTABLISHMENT

SEC. 2. (a) There is established in the legislative branch 11 of the Government the Office of Counsel General (hereinafter 12 referred to as the "Office");

13 (b) There shall be in the Office a Counsel General 14 (hereinafter referred to as the "Counsel") and a Deputy 15 Counsel General (hereinafter referred to as the "Deputy 16 Counsel'), each of whom shall be appointed by the Presi-. 17 dent pro tempore of the Senate and the Speaker of the House 18 of Representatives and confirmed by a majority vote of each 19 House;

20

(c) The Counsel and Deputy Counsel shall be chosen 21 without regard to political affiliation and solely on the basis

22 of fitness to perform the duties of the Office;

222

23

24

(d) The Office shall be under the control and supervi

sion of the Counsel, and shall have a seal adopted by him.

25 The Deputy Counsel shall perform such duties as may be

« ՆախորդըՇարունակել »