Independent Special Prosecutor Act
Latest action. Referred to House Committee on Judiciary.
Independent Prosecutor Act - Establishes an Independent Special Prosecution Office, which will have the responsibility for investigating and initating prosecution of all offenses arising out of the Presidential election of 1972 and matters related thereto and arising therefrom, including all matters which were under investigation by the Special Prosecutor force prior to October 19, 1973, pursuant to the agreement made between the former Special Prosecutor and the Attorney General Designate on May 19, 1973. Authorizes the President of the United States to appoint, within seven days of the enactment of this legislation, a Special Prosecutor and a Deputy Special Prosecutor, by and with the advice and consent of the Senate. Authorizes the Special Prosecutor have exclusive jurisdiction, to investigate, as he deems appropriate, and prosecute against and in the name 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 former Special Prosecutor pursuant to regulations of the Attorney General; and (5) any offenses relating to or arising out of any such matters. Empowers the Special Prosecutor with specified powers, including; (1) to determine whether or not to contest the assertion of "Executive Privilege" or any other testimonial privilege: and (2) to receive appropriate national security clearance and review all evidence sought to be withheld on grounds of national security and if necessary contest in court any claim of privilege or attempt to withhold evidence on grounds of national security. Provides that all materials, tapes, documents, files, work in process, and all other property relevant to the duties enumerated in this Act, shall be delivered into the possession of the Special Prosecutor appointed under this Act. Requires 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. Directs the Special Prosecutor to submit to the Congress directly requests for such funds, facilities, and legislation as he shall consider necessary to carry out his responsibilities under this Act. Provides that such requests shall receive priority consideration by the Congress. Provides the Special Prosecutor shall carry out his duties under this Act within two years, except as necessary to complete a pending trial. Authorizes the President to remove the Special Prosecutor and the Deputy Special Prosecutor for neglect of duty, malfeasance in office, or violation of this Act. but for no other cause. States that when the President believes such violations have occurred, he shall prepare a notice of dismissal to be delivered to both Houses of Congress. Provides that the dismissal shall become effective at the end of thirty calendar days of continuous session of Congress after delivered, unless either House passed a resolution rejecting such dismissal.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on November 8, 1973. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on November 8, 1973: Referred to House Committee on Judiciary.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 93rd Congress (1973-74), 651 of the 23,396 bills and joint resolutions introduced became law, about 2.8 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
FRANK HORTON (R-NY) introduced it on November 8, 1973. No cosponsors are recorded.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on November 8, 1973, 19299 days ago. The most recent recorded action was 19299 days ago, on November 8, 1973.
Measures do not carry over. Anything the 93rd Congress has not finished by January 3, 1975 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers