DAILY DIGEST

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700120001-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 9, 2016
• Document Release Date: August 29, 2001
• Sequence Number: 1
• Publication Date: October 7, 1974
• Content Type: OPEN

Approved Fof- Release 2001/09/07 : CIA-RDP76M00527R000700120001-0
Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0
 pprove o Release 2001/09/07 : CIA-RDP76M00527R000700120001-0
Muddy, October 7, 197
Daily Digest
HIGHLIGHTS
Senate passed sundry bills.
House passed 31 sundry measures.
Senate
Chamber Action Amendments submitted for printing:
Pages S 18374-S 18375
Routine Proceedings, pages S 18345-S 18408 Message From the House: One message was received
Bills Introduced: One bill and three resolutions were from the House today. Pages S 18369-S 18370
introduced, as follows: S. 4094; S. Con. Res. 117; and Bills Passed:
S. Res. 421-422. _ National emergencies: Senate passed and, sent to
ith
i
i
h
es w
or
t
Pages S 18345, S 18370-S 18371, S 18373-S 18374 the House S. 3957, to terminate certain aut
Bills Reported: Reports were made as follows: respect to national emergencies still in .effect, and to
Filed after adjournment of the Senate on Friday, provide for orderly implementation and termination of
October 4: future national emergencies, after agreeing to Mathias
H.R. 14217, proposing numerous boundary adjust- amendment in the nature of a substitute bill.
ments and providing for ceiling increases in certain Pages S 18356-S 18357
units of the national park system, with amendments International House: Senate took from desk and
(S. Rept. 93-i232); the agreed to S. Res. 421, commending International House,
H.R. 13157, to establish six new units within New York City, on the service which it performs,
national park system, with amendments (S. Rept. and extending congratulations on the occasion of its
93-1233) ; Golden Jubilee Anniversary. Page S 18345
H.R. 7730, authorizing purchase of property located Hazardous materials: Committee on Commerce
within the San Carlos, Ariz., mineral strip, with an was discharged from further consideration of H.R.
amendment (S. Rept. 93-1234) ; strengthening the laws governing the transpor-
H.R. 3903, conveying certain land in the State of 15223, Michigan to the Wisconsin Michigan Power Co. tation of
yeas, azthe ardbul was them pass eby unan mking all
(S. Rept. 993-1235); of 69
S.J. Res. 237, authorizing the continued use of certain after the enacting clause and inserting in lieu thereof
lands within the Sequoia National Park, Calif., for a provisions of Senate companion bill, S. 4057, prior to
hydroelectric project (S. Rept. 93-1236) ; which Senate had adopted two amendments proposed
thereto, as follows:
Filed on Monday, October 7:
Conference Report on S. 3044, to provide for public (1) Hathaway amendment to require the naming of
financing of Federal primary and general election cam- a new Chairman of the National Transportation Safety
paigns Rcpt. 93-1237); Board by April 1, 1975 (instead of January 1, 1975), and
report on H.R. 11537, to extend and ex- who would be subject to Senate confirmation; and
uthority for carrying out conservation -and Page S 18411
pand authority'
amendment of a clerical nature.
rehabilitation programs on military reservations, and to (2) Hartke aauthorize the implementation of such programs on Page S 18416
certain public lands (S. Rept..93-1238) ;
S. 3514, to distinguish Federal grant and cooperative
agreement relationships from Federal procurement re-
lationships, with an amendment (S. Rept. 93-1239)
Conference report on H.R. 12628, to increase training
benefits and to improve educational programs for Viet-
nam era veterans (S. Rept. 93-1240) ;
to eliminate the annuity
ort on S. 628
ce re
e
f
,
p
n
er
Con
reduction made during periods when the annuitant is
not married in order to provide a surviving spouse with
an annuity (S. Rept. 93-1241) ; Page s 18370
D 1196
S. 4057 was then indefinitely postponed. Page s 18425
Pages S 18408-S 18418, S 18424-5 18431
FBI Director: By unanimous vote of 70 yeas, Senate
passed S. 2106, providing a 1o-year term for the Director
of the " Federal Bureau_ of Investigation, after taking
action on amendments proposed thereto as follows:
Adopted :
(r) By 63 yeas to 8 nays, Robert C. Byrd amendment
limiting to one 1o-year term the period which an FBI
Director may serve;
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 Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0
CONGRESSIONAL RECORD
Oflce
n D.
O ice
NO.
Office
No.
Mathias, Robert B. (Bob) (Calif.) ----
1 L14
Roush, J. Edward (Ind.) -------------
2400
Winn, Larry, Jr. (Kans.) ------------ 434
Mathis, Dawson (Ga.) _____________
836
Rousselot, John H. (Calif.) -----------
1706
Wolff, Lester L. (N.Y.) -------------- 2463
Matsunaga, Spark M. (Hawaii) ------
4k42
Roy, William R. (Kans.) -------------
1110
Won Pat, Antonio Boria 4 (Guam) --_ 216
Mayne, Wiley (Iowa) ----------------
:.07
Roybal, Edward R. (Calif.) -----------
2404
Wright, Jim (Tex.) ------------------ 2459
Mazzoli, Romano L. (Ky.)--_-------
1017
Runnels, Harold (N. Mex.) -----------
1728
Wyatt, Wendell (Oreg.) ------------- 2438
Moods, Lloyd (Wash.) _-_-_---
2152
Ruppe, Philip E. (Mich.) -------------
203
Wydler, John W. (N.Y.)------------- 2334
Melcher, John (Mont.) --------------
1041
Ruth, Earl B. (S.C.)-----------------
129
Wylie, Chalmers P. (Ohio) ---------- 137
hIetcalfe, Ralph H. (Ill.) ------ ____
(22
Ryan, Leo J. (Calif.) ----------------
1113
Wyman, Louis C. (N.H.) ------------ 410
tifezvinsky, Edward (Iowa) --_-_-__-_-
1404
St Germain, Fernand J. (R.I.)--------
2186
Yates, Sidney R. (Ill.) -------------- 2234
Michel, Robert H. (I11.) --------------
2112
Sandman, Charles W., Jr. (N.Y.) ------
115
Yatron, Gus (Pa.) ------------------ 313
Milford, Dale (Tex.) ----------------
427
Sarasin, Ronald A. (Conn.) -----------
511
Young, Andrew (Ga.) ---------------- 1533
;Miller, Clarence E. (Ohio) -----------
128
Sarbanes, Paul S. (Md.)-------------
317
Young, C. W. Bill (Fla.) ------------- 426
Mills, Wilbur D. (Ark.)-_---_________
1136
Satterfield, David. E. III (Va.) --------
2348
Young, Don (Alaska) ---------------- 1210
Minish, Joseph G. (N.J.)------------
2162
Scherle, William J. (Iowa)----------- .
512
Young, Edward (S.C.) --------------- 516
Mink, Patsy T. (Hawaii)--_-___-__---
2338
Schneebeli, Herman T. (Pa.) ---------
1336
Young, John (Tex.) ----------------- 2419
Minshall, William E. (Ohio) ---------
2213
Schroeder, Patricia (Colo.) -----------
- 1313
Young, Samuel H. (Ill.) ------------- 226
Alitchell, Donald J. (N.Y.) -----------
1537
Sebelius, Keith G. (Kans.) -----------
1225
Zablocki, Clement J. (Wis.) --------- 2184
Mitchell, Parren J. (Md.) -----------
4L4
Seiberling, John F. (Ohio) -----------
1234
Zion, Roger H. (Ind.) ---------------- 1226
Mizell, Wilmer (Vinegar Rend)
Shipley, George E. (Ill.) --------------
237
Zwach, John M. (Minn.) ------------ 1502
(N.C.) -----------------------------
2 35
Shoup, Dick (Mcnt.)----------------
1127
Moakley, Joe (Mass.)-._______________
2,18
Shriver, Garner E. (Kans.) -----------
2209
Mollohan, Robert H. (W. Va.) _-_____-
3.,9
Shuster, E. G. (Pa.) -----------------
1116
4 Delegate from Guam.
Montgomery, G. V. (Sonny) (Miss.) __
208
Sikes, Robert L. F. (Fla.) ----------- - 2269
Carlos J. (Calif.) _-_____
Moorhead
12(,8
Sisk, B. F. (Calif.) ------------------- 2313
OFFICERS OF THE HousE
,
Moorhead, William S. (Pa.) -_
24(7
Skubitz, Joe (Kans.) ----- -------- - 2447
Speaker-Carl Albert.
Morgan, Thomas E. (Pa.)--__
21(3
Slack, John M. (1V. Va.)---- -___w
2230
Clerk-W. Pat Jennings.
Mosher, Charles A. (Ohio) ----------
2442
Smith, Henry P., III
2331
Sergeant at Arms-Kenneth R. Harding.
CaIif.) _-._---- ---------
Moss, John B.
2314
Smith, Neal (Iowa) ------------------
2458
Doorkeeper-William M. Miller, 3119 N. Har-
.
Murphy, John M. (N.Y.) ------------
2235
Snyder, Gene (Ky.) ------------------
306
rison St., Arlington, Va. 22207
Murphy, Morgan F. (Ill.)---_-_--_--_
1108
Spence, Floyd mu.) -----------------
120
Postmaster-Robert V. Rota.
Murtha, John P. (Pa.)---------------
1331
Staggers, Harley C,. (W. Va.) ----------
2366
Chaplain-Edward G: Latch.
Myers, John T. (Ind.) ------------- -
103
Stanton, J. William (Ohio) ----------
2448
Natcher, William H. (Ky.) -----------
2333
Stanton, James V. (Ohio) ------------
1107
N,edzi, Lucien N. (Mich.)---_-_-_____
2413
Stark, Fortney H. (Pete) (Calif.) -----
1034
Nelsen, Ancher (Minn.) --------------
232)
Steed, Tom (Okla) --------------- - 2405
Nichols, Bill (Ala.) _________________
1031
Steele, Robert H. ;Conn.) __-___-_- --
227
Nix, Robert N. C. (Pa.) --------------
220L
Steelman, Alan (Tex.)------------- -
437
Obey, David R. (Wis.)
30.3
Steiger, Sam (Arms.) ----------------
126
Russell Walker
Chief Re
orter
8603 Pres-
0
O'Brien, George M. (111.) ---------- -
428
Steiger, William A (Wis.)---------- - 1025
,
,
.
p
ton Street
New Carrollton
Md
20784
O'Hara, James G. (Mich.) ------
(Mass
)
Jr
ill
,N
Th
mas P
224::
223:
Stephens, Robert G., Jr. (Ga.) --------
Stokes
Louis (Ohi
2410
315
,
,
.
Grant E. Perry, Apt, 201, 6040 Richmond
.
.
,
O
e
.,
o
(Utah)
W
.
22::
,
o) ----------------
Stratton
S
l S
N
Y
4
6
Highway 22303
------- r._____
ayne
Owens,
Parris, Stanford E. (Va.)
50!)
'
,
amue
. (
.
.) ----------
Stubblefield, Frank A. (Ky.) --------
6
2
2228
William D. Mohr, 6 Cherbourg Court, Po-
tomac
Md
20854
Passman, Otto E. (La.) -__-
2101
:
Stuckey, W. S. (Bill), Jr. (Ga.) ------
223
.
,
Firshein
Benjamin H
9403 Weaver Street
Patman, Wright (Tex.) ------ ___ ----
2321'?
Studds, Gerry E. iMass.)------------
1511
,
.
,
Silver S
rin
Md
20901
Edward J. (N.J.)
Patten
2332
Sullivan
Leonor K. (Mrs
John} B
)
p
g,
.
,
Pepper, Claude (Fla.) --.-------------
432
,
.
.
(Mo.) -------------------------- - 2221
G T. Reynolds, 207 Evans Lane, Alexandria,
Va
22305
Perkins, Carl D. (Ky.) -_____-
(Calif
)
L
ttis
Jerr
P
2365
341
Symington, James W. (Mo.) ---------
mms
Steven D
S
(Idaho
307
1410
.
Eleanor R. Ross, Rt. 2, Box 303, Ward's Chapel
.
,
,
y
e
.r__-
Y
)
...
(N
ser
Peter A
Pe
1133
,
y
.
) ------ -___
Talcott
Burt L
(Calif
)
1524
Rd., Owings Mills, Md. 21117
.
.
.
--------
,
.
y
J. J. (Tex.)----------- -------
Pickle
231
,
.
------- -___
.
Gene (Me
Taylor
)
-
1221
E. Frances Garro, 8725 Camden St., BE., Wash-
,
Otis G. (N.Y.) _-___-___--
Pike
2428
,
.
--
----- __----- -_
Taylor, Roy A. (NO.)
---
2233
ington, D.C. 20020
,
)
-~~
(Tex
Poa
R
e
'W
2107
-
-----------
Teague
Olin E
(Tex
)
2311
R, Thomas Loftus (assistant reporter), Beech
.
-------
..
g
,
.
(N
Y
)
Bertram L
Podell
204
,
.
.
------- ------
Thompson
Frank
Jr
(N
J
~
2246
Drive, Mt, Carmel Woods, La Plata, Md.
.
.
.
,
Walter E. (Ohio)
Powell
1532
,
,
.
.
.)
____
Thomson
Vernon W. (Wis.)
-
2305
20646
,
C
)
Richardson (N
Pra
er
316
,
_
-_-w
Thone
Charles (Nebr
)
1531
L. H. Timberlake (staff assistant), 9001
.
.
y
,
)
Melvin (111
Price
2468
,
.
----- ._------
Thornton
(Ark
)
Ra
1109
Golden Pass, Laurel, Md. 20810
.
_--------- M,
,
Robert (Tex.) __-_-__-______
Price
430
,
.
y
------------ ___
Tiernan
Robert O. (R.I.)
------
:-
417
John A. Kominak (special assistant), 2017
,
Joel (Wash.) _____________
Pritchard
506
,
-
-
Towel t
David (Nev
)
1206
Rosemount Ave., NW., Washington, D.C.
,
Quie, Albert H. (Minn.) -------------
2182
,
----------------
.
Traxler, Bob
1238
20010
Quillen, James H. (Jimmy) (Tenn.) __
102
Treen, David C. (La.) ----------------
1408
Railsback, Tom (111.) --------- --____
218
Udall, Morris K. (Ariz.)-------------
1424
Wm. J. (Mo.) ------ -------
Randall
2431
Ullman, Al (Oreg.)..
---
-
---
-
2207
,
Charles B. (N.Y.)-------- --
Rangel
230
-
-
-
----- -
Van Deerlin
Lionel (Calif
)
2427
Edna C. Moyer, 6310 Westrldge Ct., Camp
,
John R. (La.) -
--------------
Rarick
1525
,
.
---------
Vander Jagt
Guy (Mich
)
1211
Springs, Md. 20031
,
-
Thomas M. (Calif.)--------- -
Rees
1112
,
.
-----------
Vander Veen, Richard F. (Mich
)
_
_
1118
William L. Morse, 6538 Dearborn Dr., Falls
,
Ralph S. (Ohio) ----------- -
Regula
1729
.
_
_
Vanik. Charles A. (Ohio) --
-
-
2371
Church, Va.
,
Reid, Ogden R. (N.Y.) ______________r
240
-
--
Veysey
Victor V. (Calif.) -
----
---
-
1227
Vivieu Spitz, 1569 Dunterry Place, McLean,
Reuss, Henry S. (Wis.)------ ----_--
2186
,
-
----
Vigorito
Joseph P. (Pa.)
-
440
Va. 22101
Rhodes, John J. (Ariz.) ----------- -
2310
,
Waggonner
Joe D.
Jr. (La.)
221
Charles Gustafson, 4117 Pineridge Dr., An-
Rfegle, Donald W., Jr. (Mich.) --------
438
,
,
------ -_
Waldie
Jerome R. (Calif.) _-
408
nandale, Va.
Rinaldo, Matthew J. (N.J.)-___-_-___
1513
,
-_____-
Walsh
William F. (N.Y
) --
- 415
John R, Henterly, 9624 Prelude Ct., Vienna,
Roberts, Ray (Tex.) -----------------
2455
,
.
-----------
Wampier
William V
323
Va. 22180
J. Kenneth (Va.) ;.---------
Robinson
418
,
.
John (Pa
Were
)
425
Christopher A. Hell, 14708 Cobblestone Dr.,
,
Howard W
Robison
(N.Y.)..
_
_
_
2330
,
.
-------------------
h
l
W
Silver Spring, Md. 20904
,
.
..._
_
_
Rodino
Peter W., Jr. (N.J.) ----------
2462
Whalen, C
ar
es
., Jr. (Ohio) ------
1035
Ed Van Allen, 200 C St., BE, Washington,
,
(N
Robert A
J
)
-
Roe
1007
White, Richard C. (Tex.) -__-______
401
D.C.20003
.
.
.
------
,
--------- -
Rogers, Paul G. (Fka.~---------------
Teno (Wyo.)
Roncalio
2417
1314
Wh.itehurst, G. Wil,:iam (Va.) -------
Whitten, Jamie L. (Miss.) ----------
424
2413
William B. Pennekamp, Room H132, U.S.
Capitol
,
Roncallo, Angelo D. (N.Y.) -----
r
1232
Widnall, William B. (N.J.) -----------
2309
James W. Lea (clerk), Prince Frederick,
Fred B. (Pa.)------__-----
Rooney,
2301
Wiggins, Charles E. (Calif.)-------- ..-
229
Calvert County, Md. 20678
Rooney, John J. (N.Y.) ______________
2268
Williams, Lawrence G. (Pa.) --------
1503
Edward White (assistant clerk), 2212 Iroquois
Rose, Charles (N.C.) ---------------
1724
Wilson, Bob (Calif., ----------------
2307
La., Falls Church, Va.
Rosenthal, Benjamin S. (N.Y.)
2453
Wilson, Charles (Tex.) --------------
1209
George L. Russell (assistant clerk), 2 S. Mt.
Rostenkowski, Dan (Ill.)
2185
Wilson., Charles H. ',Calif.) ----------
2385
Olivet La., Baltimore, Md. 21229
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 ?october 7, Afoved ForCBI~~A9/L078P7~117$Q~70120001-0 D 1197
(2) Robert C. Byrd amendment to make it clear that
the Federal mandatory retirement age law is applicable
to the FBI Director. Page 5 18433
Rejected:
(1) By 4 yeas to 66 nays, Scott of Virginia amend-
ment (to Robert C. Byrd amendment) making term
of the Director for 4 years, subject to reappointment and
reconfirmation by the Senate; Page S 18421
Pages S 18418-S 18424, S 18431X18434
Joint session: Senate agreed to H. Con. Res. 658,
providing for a joint session of the Congress at 4 p.m.
on Tuesday, October 8, for purpose of receiving such
communications as the President of the United States
shall be pleased to make to them. Page S 18437
Calendar Bills: Senate took from calendar and passed
the following bills:
Without amendment and cleared for the
White House:
New York land: H.R. 7954, to allow release of cer-
tain reversionary conditions contained in a deed con-
veying U.S. lands to the State of New York.
South Carolina land: H.R. 9054, authorizing execu-
tion of a subordination agreement with respect to cer-
tain lands in Lee County, S.C. Pages S 18346-S 18346
With amendments and sent to the House:
Veterans' benefits: S. 4040, to increase pension rates
and annual income limitations for eligible veterans and
their survivors. Pages 5 18346-5 18353
Resolutions agreed to without amendment:
Private bills: S. Res. 90 and S. Res. 344, referring to
the court of claims (respectively) S. 1453 and S. 3666.
Page 518345
Civil Service Annuitants:. Senate agreed to the con-
ference report on S. 628, to eliminate the annuity reduc-
tion made during periods when the annuitant is not
married in order to provide a surviving spouse with an
annuity, thus clearing the measure for action of the
House. Pages S 18434-S 18435
Presidential Messages: Senate received messages from
the President as follows:
Transmitting proposed rescissions and deferrals in
budget authority totaling $182' million and $3.239 bil-
lion, respectively, ordered to be held at the desk (re-
ceived on October 4, 1974, after adjournment of the
Senate) ; and Page S 18369
Transmitting a report on the comparability adjust-
ment for the Federal statutory pay systems in October
1974-referred to Committee on Post Office and Civil
Service. Page S 18369
Presidential Communication: Senate received a com-
munication from the President transmitting a request
for supplemental appropriations for fiscal year 1975 in
the amount of $1,796,805 for sundry expenses of the
Senate-referred to Committee on Appropriations, and
printed as S. Doc. 93-120. Page S 18370
Appointments: The Chair, on behalf of the President
pro tempore of the Senate, appointed Senators Biden
and Roth to attend the Day of National Observance for
the Two Hundredth Anniversary of the First- Conti-
nental Congress, to be held in Philadelphia, October 14,
1974, in lieu of Senators Pastore and Schweiker,
resigned. Page S 18416
Unanimous-Consent Agreement-Veterans' Day:
By unanimous consent, it was agreed that when Senate
considers S. 4081, to redesignate November 1i of each
year as Veterans' Day, and to make such day a legal
public holiday, there be a time limit for debate thereon
of 30 minutes. Page S 18416
Committee Authority To Report: Committee on
conference was authorized until midnight tonight to file
its report on H.R. 8193, requiring that a percentage of
U.S. oil imports be transported on U.S.-flag vessels.
Page S 18417
Nominations: Senate received one Navy nomination
in the rank of Admiral, and lists of nominations in the
Coast Guard and Marine Corps. Page S 18437
Record Votes: Four record votes were taken today.
(Total-436.)
Pages S 18424-S 18425, S 18431-S 18432, S 18434
Program for Tuesday: Senate met at noon and ad-
journed at 5:36 p.m. until 9 a.m. on Tuesday, October 8,
when, after four special orders for speeches and a period
for the transaction of routine morning business for not
to exceed 1o minutes, Senate will take up conference re-
port on H.R. 11537, public lands conservation (40 min-
utes time limitation, with yeas and nays ordered on
motion (to be offered) to recommit to, conference); to
be followed by- H.R. 12993, relating to licenses for
broadcasting stations (1 hour time limitation).
Committee Meetings
(Committees not listed did not meet)
Pages S 18436-S 18437
WINE AND INTERSTATE COMMERCE
Committee on Commerce: Committee concluded hear-
ings on S. 4058, to promote the free flow of wine in
interstate commerce, after receiving testimony from
Senators McClellan, Fulbright, and Talmadge; Repre-
sentative Sisk; William Clark, National Alcoholic
Beverage Control Association, Washington, D.C.;
LeRoy Hittle, Washington State Liquor Control Board,
Olympia; Costas Tentas, New Hampshire State Liquor
Commission, Concord; Jefferson Peyser, Wine Institute,
San Francisco; and Alquin Wiederkehr, Wiederkehr
Wine Cellar, Inc., Altus, Ark.
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 D 1198 ApproCON&RESl OJNALORECOIZ15C~ DAILY DI GEST0007001October., 7, 1974k
GUNS
Committee on Government Operations Permanent
Subcommittee on Investigations resumed hearings on
the continuing investigation into the a:_leged illegal
activities of Robert Vesco, receiving testimony on the
alleged attempt to purchase and possibly manufacture
certain guns. Witnesses :heard were Philip R. Manuel
and William B. Gallinaro, Subcommittee Staff Investi-
gators; Robert E. Sanders, Regional Coordinator,
Bureau of Alcohol, Tobacco, and Firearms, Department
of the Treasury; Stuart F. Graydon, Montgomery, Ala.;
Mitchell WerBell III, Powder Springs, Ga.; Ray Robey,
Marietta, Ga.; J. P. Cook and Gordon Ingram, both
of Los Angeles; Philip Campagna, a.-.id Dominic
Salerno, both of. Miami; and Walter Gillis, Fort
Lauderdale.
Hearings were recessed subject to call.
OFFSHORE LANDS LEASING
Committee on the Judiciary: Subcommittee on Admin-
istrative Practice and Procedure held hearings on pro-
posed procedures for leasing public lands on the Outer
Continental Shelf, for development of oil and gas, re-
ceiving testimony from Representative Dingell; Jared
G. Carter, Deputy Under Secretary of the Interior; Duke
R. Ligon, Assistant Administrator, Federal Energy
Administration; Steve Jellinek, Staff Director, Council,
on Environmental Quality, Executive Office of the
President; and Dr. H. W. Menard, Chairman, National
Academy of Sciences Review Committee on Environ-
mental Impact of Oil and Gas Production on the Outer
Continental Shelf.
Hearings were recessed subject to call.
NAVIGABLE WATERWAYS
Committee on Public Works: Subcommittee on Water
Resources held hearings on S. 4031, delegating certain
::authority to States for location of works on or structures
over certain navigable waters, receiving testimony from
C'Col. Marvin Rees, Executive Director of Civil Works,
Office of the Chief of Engineers, Army Corps of Engi-
neers; John Hough, Special Assistant to Governor of
Idaho, Boise; and Herbert J. Webb and E. Glenn Har-
mon, Coeur d'Alene Lake Shore Owners, Inc., Idaho.
Hearings were recessed subject to call.
House of Representatives
Chamber Action
Bills Introduced: 38 public bills, H.R. 17o89-17126;
2 private bills, H.R. 17127 and 17128; and ,5 resolutions,
H.J. Res, 1157, H, Con. Res. 658, and H. Res. 1413-
1415, were introduced. Pages H 10098-H 10099
Bills Reported:. Reports were filed as follows:
Conference report on S. 3234, Solar Energy Research,
Development, and Demonstration Act of 1974
(H. Rept. 93-1428) ;
Conference report on H.R. 11221, to provide full de-
posit insurance for public units and to increase deposit
insurance from $20,000 to $50,000 (H. Rept. 93-1429);
H.R. 14689, to providefor a plan for the preservation,
interpretation, development, and use of the historic,
cultural, and architectural resources of the Lowell His-
toric Canal District in Lowell, Mass., amended ; all of
the foregoing reports filed on Friday, October 4
(H. Rept. 9-3-1430);
Conference report on S. 628, to eliminate the annuity
reduction made, in order to provide a surviving spouse
with an annuity during periods when the annuitant is
not married (H. Rept. 93-1431) ;
H.R. 16982, to authorize U.S. payments for fiscal year
1975 to the United Nations for expenses of the United
Nations' peacekeeping forces in the Midc le East, and
the United Nations' forces in Cyprus (H. Rept. 93-
1432);
H. Res. 1399, expressing the sense of tae House of
Representatives with respect to the world food situa-
tion, amended (H. Rept. 93-1433)
H.R. 16609, Supplemental Authorizations of Appro-
priations for the Atomic Energy Commission for fiscal
year 1975, amended (H. Rept. 93-1434) ;
H.R. 12628, Vietnam Era Veterans' Readjustment
Assistance Act of 1974 (H. Rept. 93-1435);
H.R. 16925, to amend the District of Columbia Self-
Government Reorganization Act to provide for a
People's Counsel at the Public Service Commission, and
to make technical amendments to the act relating to
police and firemen's salaries, amended (H. Rept.
93-1436);
Conference report on H.R. 8193, to require that a per-
centage of U.S. oil imports be carried on U.S.-flag ves-
sels (H. Rept. 93-1437); and
Conference report on S. 3044, Federal Election Cam-
paign Act Amendments of 1974 (H. Rept. 93-1438).
Page H 10097
Consent Calendar: House passed the following bills
on the call of the Consent Calendar:
Cleared for the President:
"Cooly trade" laws: H.R. 778, to repeal the "cooly
trade" laws. Subsequently, this passage was vacated and
S. 2220, an identical Senate-passed bill, was passed in
lieu;
GPO disbursements: S. 1794, relating to the disburs-
ing officer, deputy disbursing officer, and certifying offi--
cers and employees of the Government Printing Office;
Bridgeport Indian Colony: H.R. 3458, to declare
that the United States hold in trust for the Bridgeport
Indian Colony certain lands in Mono County, Cali-
fornia. Subsequently, this passage was vacated and
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S 18418 CONGRESSIONAL RECORD-SENATE October 7, 1974
authorized until 4 o'clock. What we ceed to consider Calendar No. 1151, S. being independent from any unreasonable or
wanted to do was to have a rollcall vote 2106; that it be laid before the Senate unjustifiable requests made of him by the
President or anybody in the executive
upon this measure. and made the, pending business. branch ..." (Ruckelshaus hearings, p. 100).
The PRESIDING OFFICER. The The PRESIDING OFFICER. The clerk S. 2106 would aid in insulating the
Senator will please be informed that we will report.
cannot amend the title of the bill until The legislative clerk read as follows: FBI Director from politically motivated
after the bill is passed. A bill (S. 2106). to amend title VI of the manipulation from the executive branch
Mr. HARTKE. Mr. President, I asked Act mnibus Crime oprovideo form 10-year term and, giving
at the samet time, it would minimize
that the House se bill ll be considered. Has as it it for the appointment of Director of the Fed-
been passed? the dangers of autocratic control of the
The PRESIDING OFFICER. No. eral Bureau of Investigation. Bureau by a Director who had built up a
Mr. BEALL. Mr. President, I ask that The PRESIDING OFFICER. Is there concentration of power over a long pe-
the yeas and the nays be transferred to objection to the present consideration of riod of time by placing a limitation on
the House bill. the bill? the amount of years that one man could
The PRESIDING OFFICER. The There being no objection, the Senate serve as Director of the FBI.
House bill, H.R. 15223? proceeded to consider the bill, which had Until 1968, the Director of the Fed-
Mr. BEALL. That is correct. been reported from the Committee on eral Bureau of Investigation was an ap-
The PRESIDING OFFICER. Without the Judiciary. pointee of the Attorney General. In 1968,
objection, it is so ordered. Mr. MANSFIELD. Mr. President, I the Congress passed Public Law 90-351,
The question is on the engrossment of suggest the absence of a quorum. title VI, section 1101 of the Omnibus
the amendment and the third reading of The PRESIDING OFFICER. The clerk Crime Control and Safe Streets Act of
the bill. will call the roll. 1968 which amended title 28, United
The amendment was ordered to be en- The second assistant legislative clerk States Code, section 532, making the Di-
grossed and the -bill to be read a third proceeded to call the roll. rector of the Federal Bureau of Investi-
time. Mr. ROBERT C. BYRD. Mr. Presi- gation a Presidential appointment sub-
The bill was read the third time. dent, I ask unanimous consent that the ject to advice and consent of the Senate.
Mr. HARTKE. Mr. President, will the order for the quorum call be rescinded. There was no provision in the 1968
Chair please clarify the situation. What The PRESIDING OFFICER (Mr. statute as to the duration of the appoint-
we want to do is to have a rollcall vote HATFIELD). Without objection, it is so ment of the FBI Director. It became ap-
after 4 o'clock. ordered. parent during the confirmation hearings
The PRESIDING OFFICER. That is Mr. ROBERT C. BYRD. Mr. President, on L. Patrick Gray to be FBI Director
correct; that is the agreement. Then the. I ask unanimous consent that Mr. that if high executive branch officials
title can be amended after the passage Thomas Hart of the staff of the Com- could attempt to misuse the FBI by
of the bill. mittee on the Judiciary be allowed the means of unjustified requests to an Act-
The unanimous-consent agreement, as privilege of the floor during the consid- ing Director who wished to be nomi-
the Chair understands, was that no vote eration of this bill, S.. 2106. nated as permanent Director, then the
will occur until that hour. After that The PRESIDING OFFICER. Without same tactics- could be applied to an in-
hour we can vote on the bill, and the objection, it is so ordered. cumbent FBI Director who had no pro-
Senator from Indiana can then amend Mr. ROBERT C. BYRD. Mr. President, tection of a term of years for his posi-
the title of the bill. I suggest the absence of a quorum. tion. Under the provisions of S. 2106
Mr. HARTKE. Mr. President, a parlia- The PRESIDING OFFICER. The clerk there is no limitation on the constitu
mentary inquiry. will call the roll. tional power of the President to remov
The PRESIDING OFFICER. The Sen- The second assistant legislative clerk the FBI Director from office within th
ator will state it. proceeded to call the roll. .10-year term. The Director -would b
Mr. HARTKE. Has the text of S. 4057, Mr. ROBERT C. BYRD. Mr. President, subject to dismissal by the President e
as amended, been inserted in lieu of the I ask unanimous consent that the order are all purely executive officers. --
text of the House bill? for the quorum call be rescinded. However, the setting of ii- 10-year term
The PRESIDING OFFICER. It has The PRESIDING OFFICER. Without of office by the Congress would, as a
been substituted.
Does the Senator wish this matter to objection, it is so ordered. practical matter, preclude-at least in-
be laid aside until 4 o'clock? Now pending is S. 2106. hibit-a President from arbitrarily dis-
missing an FBI Director for political rea-
Mr. HARTKE. -Mr. President, I ask Mr. ROBERT C. BYRD. Mr. President, sons since confirmation of his successor
unanimous consent that this bill now be I send an amendment to the desk and I by the Senate would be remote. The bill
laid aside under the previous order of the ask it be stated by the clerk. is a cautionary message to the President
Senate that no rollcall can be held until The PRESIDING . OFFICER. The that whereas his power to remove a Di-
4 o'clock. amendment will be stated. rector of the FBI is constitutionally un-
The PRESIDING OFFICER. Is there The second assistant legislative clerk limited, nevertheless, by virtue of its
objection? The Chair hears none and it read as follows: power to ratify the appointment of a
is so ordered. Strike out the last sentence of the bill successor, - the Senate retains a large
Mr. BEALL. Mr. President, I suggest and insert in lieu thereof the following new measure of influence over this removal
the absence of a quorum.. sentence: "A director may not serve more power and will tolerate its exercise for
The PRESIDING OFFICER. The clerk than one ten-year term.". good reason only. -
will call the roll. Mr. ROBERT C. BYRD. Mr. President, Until this bill, Congress had not indi-
proc A to ca lll l the second thtaol legislative clerk the 10-year term for the FBI Director cated its preference as to a term of years
Mr MANSFIELD. bill, is the product of a growing concern for the office of FBI Director under the
order I ask for In the Congress, and in the public at 1968- statute. Without a limit on the du-
unanimous M. Ma the President
call be that of the grave consequences flowing ration of his term in office, a Director
the consent
the quorum II from abuse-abuse of the recent past may hold his position for as long as he
The PRESIDING OFFICER. Without and possible future abuse-of the Bureau is able to maintain the confidence, or
it is so ordered. by either political manipulation or auto- satisfy the wishes, or the whims of suc-
ORDER of BUSINESS cratic control unchecked by either exec- ceeding Presidents. Without a term of
Mr. MANSFIELD, Mr. President, what utive or legislative oversight. The former years, there is nothing to prevent the
is the pending business? Acting FBI Director and Deputy Attor- opposite result-a newly elected Presi-
The PRESIDING OFFICER. There is ney General, William D. Ruckelshaus, dent naming a new FBI Director. During
no pending business. testifying before the Senate Judiciary the hearings on S. 2106, FBI Director
Committee on September 12, 1973 during Clarence M. Kelley stated:
TEN-YEAR TERM FOR FBI his confirmation hearings to be Deputy I would not object to legislation setting a
DIRECTOR Attorney General stated his concern: definite term since it might contribute to-
I do think there needs to be a balance ward countering the impression that an ap-
Mr. MANSFIELD. Mr. President, I ask struck between the Director of the FBI being pointment of any Director was for political
unanimous consent hat the S to p o- responsible to the executive branch and his purposes. I also feel that the position of Di-
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October 7, 1974 CONGRESSIONAL RECORD-SENATE S 18417
EXTENSION OF TIME FOR CON- shall include interim periods available for "away from home terminal." The hear-
FERENCE COMMITTEE TO FILa rest at a place where reasonable facilities for ings testimony shows that the words are
ITS REPORT food and rest are not available to employees, used interchangeably.
and that it shall include interim periods
Mr. HARTKE. Mr. President, I ask available for less than 4 hours' rest at a place To get directly to the point, this com-
unanimous consent that the committe: where reasonable facilities for food and rest mittee approved the terminology con-
of conference on H.R. 8193, an act to re- are available. Language carrying out such tained in H.R. 8449 and the words "des-
quire that a perce tage of U.S. oil im- an amendment is attached hereto. Ignated terminal" used therein is in-
ports be carried on .S.-flag vessels, bl The bills as introduced provide that time tended to mean the same as "home ter-
granted permission t file their report on duty shall include interim rest periods at' minal" and "away from home terminal."
prior to midnight, Mo day, October i, "other than' a designated terminal" and in- In view of the trouble which this mat-
1974. teri:n periods available for less than 4 hours' ter presents, I think it would be better
The PRESIDING OFFI R. Withou, rest at a "designated terminal." that the amendment be withdrawn at
The attached eliminates the terms "desig-
objection, it is so ordered. Hated terminal" and "other than a desig- this time, and if there is an imperative
nated terminal" and substitutes for them the need for such legislation, it could be done
concept of a place where reasonable facilities on the House side.
QUORUM CALL for food and rest ire available to employees. Mr. President, I withdraw my amend-
Mr. MANSFIELD. Mr. President, sug?? The purpose of the amendment is to define ment.
Best the absence of a quorum. the kind of place at which an interim rest The PRESIDING OFFICER. The
The PRESIDING OFFICER. The erk: period will-or will not-count as time on amendment is withdrawn. The bill is
duty for hours of service purposes.
will call the roll. Ope - -o further amendment.
REASONS FOR AMENDMENT
The second assistant legislative cle r. ARTKE. Mr. President, I ask I On proceeded to call the roll. There is need to define the kind of place ffiomous consent that the Committee
at which a rest period of proper duration discharged from fur-
Mr. HARTKE. Mr.. President, I ask ~
ill not be counted as time on duty Commerce be
. ~, er consideration of H.R. 15223 and that
unanimous consent that the order for etting aside the question of how long;
the quorum call be rescinded. re t period should last, it would seem fi v the bill be immediately considered.
The PRESIDING OFFICER (Mr, an place where .he essential physic re- The PRESIDING OFFICER (Mr. HAT-
TAFT). Without objection, it is so ordered. quir ents for a meaningful rest per - are FIELD). If we may have third reading
avails le will meet the demands of law. first, then I will recognize the Senator.
Those quirements are reasonable, cilities The question is on the engrossment
TRANSPORTATION SAFETY ACT OF for food nd rest for employees._$(1'ch facili- and third reading of the bill.
1974 ties show be adequate and gQl; ne. The bill was ordered to be engrossed
The term "designated termi""al" has sig- for a third reading and was read the
The Senate continued with the consid- nificance in relation to the visions of col- third time.
eration of the bill (S. 4057) to regulate lective bargaining agreemnts. It refers to
commerce by improving the protections certain terminals that aae so identified in The PRESIDING OFFICER. Now the
the public against risks con- such agreements. It dokenot determine the Chair recognizes the Senator from In-
afforded ffor question whether a en place is one at diana.
netted d with
materials, the and for other transportation risks con of which suitable rest .An ~xdous n be obtained. It is Mr. HARTKE. Mr. President, I ask
quite possible th9:j easonable facilities for unanimous consent that the Committee
Mr. BEALL. Mr. President, pursuant food and rest are,06tainable at places other on Commerce be discharged from fur-
0 our discussion of the amendment than terminals 1. are "designated" in labor ther consideration of H.R. 15223, and
,ffered by the Senator from Indiana (Mr. agreements. rest periods of appropriate that the Senate proceed to its immediate
fARTKE). I was n,, length at t We places should be excluded
he hof service law was amended. from timed duty for hours of service pu.ir- consideration.
erhaps hours u we can reach an agreement amended. poses. ( ngs or. S. 1938 before the Sub- The PRESIDING OFFICER. Without
commit on Surface Transportation of the objection, it is so ordered. The bill will
ie Senator from Indiana will outline Corr. a on Conanerce, U.S. Senate, 91st be stated by title.
le purpose of his amendment in the Con ., t sess., Ser. No. 91-31 at p. 158.) The second assistant legislative clerk
_ aht of the legislative infant
Mr. HARTKE. Mr. President, the T11,
term m "designated Ann, terminal" " I use
Is Is used in A bill (H.R. 15223) to amend the Federal
amendments by Congress in 1969 t
+1,
o
lucll ~l,.y out sins aI place at the nazara-
House of service law incorporated long- f '` ich interim rest periods of Appropriate ous Materials Transportation Control Act
standing railroad industry terminology ength may be excluded from duty time~a nd of 1970 to authorize additional appropria-
in the hopes that it would ease any
pro is distinguished from "other than designated tions, and for other purposes,
.
lems of understanding and applying a terminals" where all interim periods for rest The PRESIDING OFFICER. Without
law. However, we may have been o rly are counted as time on duty. %
objection, the Senate will r
y,,, p oceed to the
optimistic. Last year, the Federal 60v- - The,term has significance in relation to the
f
h
o
t
e
e n such
agreements. It does not ae- ??- e all alter the enacting clause of
California seeking penalties a
nst the termine the question whether a given place H. 15223 and substitute in lieu thereof
Atchison, Topeka, and the Santa Fe Rail- is one at which suitable rest can be ob- the t of S. 4057, as amended.
road for alleged violation
tained
und
th
s
er
e new
. The PRESIDING OFFICER. The
law. See United States of America v. Our view is that ar..y place where reasonable question s on agreeing to the motion of
Atchison., Topeka, and Santa Fe Railway facilities for food and rest are available to the Senat r from Indiana.
Co., 363 F. Supp. 644 (N.D. Cal. 1973), employees should qualify as the kind of place The mot n was agreed to.
at which interim rsst periods-of suitable
appeal docketed
No
'T4
1061 9th
i
,
.
-
C
r.
, length Mr. HAR Mr. President, I ask
1973. The defendant alleged that the -should not count as time on duty.
This concept should be substituted for the unanimous c sent that the title of
words "designated terminal" which was technical term "des:gnated terminal." Food H.R. 15223 be amended to read as fol-
contained in the legislation was not well and rest are the essential physical require- lows: "An act to regulate commerce by
recognized in the railroad industry. This ments for a meaningful rest period, and may improving the protections afforded the
comes as somewhat of a surprise to my well be obtainable at places that are not public against risks connected with the
committee in view of the previous testi- "designated" in collective bargaining agree- transportation of hazardous materials,
mony before both our committee and the me ts. (Hearings on S. 1938, supra, at p. and for other purposes."
Senate Finance Committee by labor and The PRESIDING OFFICER. The
management representatives. For exam- Also, during our consideration of the Senator from Indiana is advised that we
pie, the Association of American Rail- legislation, we were referred to various will have to have the bill passed before
roads attempted to amend H.R. 8449 in collective bargaining agreements using we can change the title. We will have to
the Senate, and it offered the following: the term "designated terminal" and/or have the third reading of the bill, pas-
AMENDMENT OF PROVISIONS RELATING TO IN- using the words "home terminal" and sage of the bill, before we change the
TERIM REST PERIODS AT DESIGNATED TER- "away from home .ernlinal." From a re- title.
MINALS view of the agreements, we were satis- Mr. HARTKE. Let me explain to the
The bills would be amended to provide that fled that "designated terminal". was Presiding Officer that under the previous
time on duty for hours of service purposes synonymous with "home terminal" and ObTtd Approved For Release 2001/09/07: CIA-RDP76M8b59ff~ bft 6fh no rollcalls are
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October 7, 1974 CONGRESSIONAL RECORD- SENATE S 18419
rector should not necessarily change hands
with each administration which will give the
incumbent a greater sense of independence.
(Hearings on S, 2106, March 18, 1974, p. 4)
The existing provisions governing ap-
pointment of the FBI Director do not
strike a proper balance between: the need
for responsiveness to the broad policies
of the executive branch and, at the same
time, independence from any unreason-
able or unjustifiable requests made by
the Director's superiors. It is important
to give the Director some degree of pro-
tection from dismissal without good rea-
son, as well as to avoid an appointment
of a new Director with each new Presi-
dent. During Mr. Ruckelshaus' confir-
mation hearings I discussed the effec-
tiveness of S. 2106 in dealing with these
problems. I would like to quote from those
hearings:
Mr. RUCKELSHAUS. I do think the. Director
himself, by the public, posture he takes,. can
reinforce or reassure people in the country
that he is acting independently of any un-
justifiable pressure from the White House or
from any place else in the executive branch,
or in the society for that matter.
Senator BYRD. Would legislation providing
for a 10-year term strengthen his independ-
ence in this particular area?
Mr. RUCKEL5HAUS. Yes, I think it would.
Senator BYRD. It would enable him to,take
a stronger posture of independence before
the people?
Mr. RucKELSHAUS. Yes, I think it clearly
would... .
I recognize that no institutional ar-
rangement can guarantee with certainty
that any official will exercise govern-
mental authority with integrity and good
judgment. Nevertheless, there are espe-
cially sensitive positions which require
the greatest care on the part of Congress
in creating an environment for the re-
sponsible use of power. It is the great
value of the FBI as a criminal investiga-
tive agency, as well as its potential for
'nfringing individual. rights and serving
partisan or personal ambitions, that
makes the office of Director of the Fed-
eral Bureau of Investigation so unique.
The bill specifies that the term of the
office of FBI Director shall be 10 years..
Consideration was given to a shorter
term-4 years, for example..
As a matter of fact, I introduced a. bill
that would make"the. tenure of office
by the FBI. Director 4 years.. I also intro-
duced a bill to make the tenure 7 years.
However, a term of less than 9 years
would encourage political responsiveness
on the part of the Director since he would
probably be serving the same President
who appointed him throughout his term
as FBI Director. FBI. Director Kelley
addressed this issue during his testimony
on S. 2106:
I originally mentioned a term of nine years
since I believed that period would minimize
occasions when the appointments would co-
incide with a change in $, dministrations.
Whether the term is for nine years, or ten
years, makes little difference to me as long
as this consideration is taken; into, account.
Either period would provide the incumbent
a sufficient feeling of independence. (Hear-
ings on S. 2106; p. 4)
As to reappointment, S. 2106 provides
for the reappointment of a Director for
one additional 10-year term, with recon-
firmation by the Senate required. This
second 10-year term is subject to differ-
ent interpretations as to its effectiveness
to achieve the goals of the bill. There
are advantages to a second term.
I personally feel, after much reflection,
that 20 years is too long a time for any
one man to be Director of the Federal
Bureau of Investigation. The potential
danger of political manipulation in the
later years of his first term, should a
director want a second term badly
enough, leads me to believe that a single
10-year term should be sufficient.
The bill as I introduced it, which is
now before the Senate, provided for two
10-year terms. Originally, I thought that
probably would be the wisest approach.
But we conducted hearings on the bill,
and. in the light of the testimony of wit-
nesses, I came to the conclusion, person-
ally, that there should not be two 10-
year terms; that, as a matter of fact,
there should be only one 10-year term,
without the possibility of reappointment.
So I have offered the arnendent to the
bill which would limit the Director to
one 10-year term.
This bill, Mr. President, presents the
Senate with an opportunity to build an-
other safeguard into our system of checks
and balances. The FBI is an integral part
of the Justice Department within the
executive branch. The Director of the
FBI is responsible to the Attorney Gen-
eral and to the President, as an execu-
tive department employee. But the FBI
is. a, great organization, the activities of
which have a profound effect upon the
American people. The potential for abuse
of the Bureau by high executive branch
employees has been demonstrated in the
recent past.
If there is one thing that must not
happen again in this country, it would
be the transition of the FBI into a. po-
litical police force or into a politicized
organization in any fashion.
This bill will aid in minimizing the
danger of political manipulation of the
Bureau and at the same time lessen the
long-range danger of an individual be-
coming a law unto himself by retention
of the directorship over a long period
of time. The lessons of the last. 2 years
have been many, but one lesson that
stands out in my mind is that safeguards
within the system must be protected.
Where there are no safeguards, they
must be erected, and this bill erects safe-
guards.
After very careful consideration, as I
say, and in the light of the testimony ad-
duced in the hearings, after consulting
with my colleague on the committee,
Senator HART, and the majority leader, I
have offered this amendment on behalf
of myself, Mr. MANSFIELD, and Mr. HART,
to limit the term to one term, and that
would be a 10-year term.
So S. 2106, if it is amended, I believe
will erect a valuable check upon the pos-
sible abuse of executive power in an area
in which abuse is intolerable In our sys-
tem of government.
I urge the adoption of the bill, and I,
of course, urge the adoption of the
amendment.
The bill, which I have offered on be-
half of myself, Mr. MANSFIELD, and Mr.
HART, would eliminate the provision for
reappointment in the bill and would
state that the Director may serve no
more than one 10-year term.
As I have stated- In my support of the
bill, this Is an amendment that would
eliminate, in the future, the potential of .
an FBI Director using the later years of
his first term as a means of assuring his
reappointment to a second term.
I recognize that some Senators may
feel that-20 years should be available to
keep an outstanding man in the post for
as long a time as possible. But we have
many outstanding men in this country.
We are not limited to the choice of one
outstanding man. There certainly is more
than one man in the country with the
ability to head the FBI. Ten years is a
long enough period of time for a Director
to make his leadership felt, to put his
philosophy into action, and to get his
program into being. After ' that period,
he may well become more concerned with
his status quo than to continue to try
to bring fresh insight and new vigor, new
vision, new ideas to the position.
The political dangers of a possible ap-
pointment to a second 10-year term are
quite real, and the benefits to the Bureau
and to the country by continuing a
Director for another 10 years would prob-
ably be marginal at best.
The elimination of a second 10-year
term not only eliminates the fear of a
Director using his office to secure his own
reappointment, but it also assures that
no Director would be able to hold the
office for a long enough period of time as
to make it a practical impossibility to
avoid autocratic control, if he was so dis-
posed, of the Bureau by an all-powerful
Director.
So, I urge.the adoption of the amend-
ment.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment.
Mr. HRUSKA. Mr. President, it is to
be regretted that this Senator did not
return to the city early enough to have
been here earlier to hear the discus-
sion on the amendment, which has just
been handed' me.
The amendment would achieve a very
substantial amendment to the bill as ap-
proved in the committee. It would be
very fine of the Senator from West Vir-
ginia if he could concisely and briefly
explain the reason for the change be-
tween the time the bill was approved in
committee and the time this amend-
ment was submitted.
Mr. ROBERT C. BYRD. It had been
my intention, may I say to the very dis-
tinguished Senator from Nebraska, to
offer this amendment in committee. But,
as. the Senator will recall, when we met
to discuss this bill, things were happen-
ing on the floor of the Senate. It was
extremely difficult to get a quorum, in
the first place. The quorum was about to
slip away before. I could even get the
bill reported. I felt that it was impor-
tant to get the bill out, get it on the,
calendar, and get enactment of it, if
possible, before the recess. So I did not
offer the amendment. If I had, there
would have been some discussion of it,
and I am afraid I would have lost the
quorum and would not have had the bill
reported. So I reported the bill.
As I stated-and as the distinguished
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 S.18420 CONGRESSI019AL RECORD -SENATE October7, 1974
Senator has asked me to reiterate--the
purposeinmy offering this amendment,
on behalf of myself, Mr. MANSFIELD, and
Mr. HART, is to eliminate the possibility
of a Director seeking to do favors;
campaigning, if I may use the word, to
be reappointed for a second 10-year
term. I feel that if a Director is liir.ited
to 10 years, that is sufficient time. If he
has his own philosophy and it is di:fer-
ent from that of his predecessor, he has
the time to develop it in one term; he
has the time to organize the depart-
ment in the way he sees fit; he has
sufficient time to do a credible job. But
it eliminates the possibility of an i adi-
vidual who wants to become all-power-
ful, who, although he may not have the
inclination at the beginning, may de-
velop the inclination, as time goes on,
to become autocratic, and who might use
that organization to the detrimen; of
the American people.
If he is permitted to have a second
term, I can understand that a Director
possibly would want to ingratiate hirrself
with a candidate running for President.
The Director might do a little politicking
on his own. This would not inure to the
benefit of the FBI, nor would it inure
to the benefit of the American people
and to the protection of our constitu-
tional liberties.
So I think that with the elimination
of that possibility, we can be assured
that we will not have that politicking,
that seeking to favor or to serve any
party or any particular individual, and
we would place another guarantee
around the individual liberties of the
American people.
As I stated, also, I do not believe 1 hat
we are so limited as to ability, con.pe-
tence, character, and integrity in this
country that we have to depend upon
any one man over a period of 20 years
to head this very vital organization.
There are many good men. I think the
fact that he would have only one term
would provide additional incentive for
that man, in that one term, to give of
his best and to give without any thought
of maintaining the status quo as to his
position, realizing that he could not serve
a second term. He would do his best, to
set an enviable record during his period.
That is about the sum and substance
of it.
Mr. HRUSKA. The Senator is very
kind to favor me with an individual in-
doctrination course. I wish to say that
considerations like those that he ;lust
voiced arose some 50 years ago, when
the Office of the Comptroller General vias
created. There, likewise, we as a Con-
gress-that was before my tenure in Con-
gress-were confronted with the problem
of what we could do with this very sensi-
tive and powerful post of the Compt:?ol-
ler General in order to get the best serv-
ice out of a man and yet not have him
there too long: just long enough to have
continuous service and for the Nation
to be able to capitalize on the expertise
and the wisdom he has formulated in
the meantime.
The conclusion was a one-term Corip-
troller General for the term of 15 years.
Would the Senator consider at all the
possibility, instead of 10 years, which is
a relatively short time in as important a
post as this, of making it 15 years instead
of 10 years, with the thought in mind
that during that time, there is the in-
tervention of a change in the Presidency?
Then, in the event the Director were not
desirable or if he performed in a manner
which would not meet the approval of
the adminisration, he could be 'dis-
missed. Would that have any merit in the
judgment of the Senator?
Mr. ROBERT C. BYRD. I do not say
it does not have any merit; I think it
does have merit. I think there are ' dis-
advantages which, to me, would prohibit
my support of a 15-year term in prefer-
ence to a 10-year term.
The Comptroller General of the United
States is the head of the General Ac-
counting Office, which is an arm of
Congress.
Mr. HRUSKA. That is right.
Mr. ROBERT C. BYRD. I do not view
the Comptroller General as being in this
sensitive position, a position in which he
can become an autocrat, a dictator, a
position in which he can infringe upon
the constitutional liberties of the Ameri-
can people.
The FBI Director is in an entirely dif-
ferent position. I just would not feel at
ease with a Director who can foresee that
he can be assured, unless the President
should decide in the meantime to remove
him, that for 15 years he will remain in
this highly sensitive office. After what we
have gone through, I feel very uneasy
about this position. I think that 10 years
is long enough, yet it is not too long;
whereas, 15 years, I am afraid, would
not be establishing the kind of protection
that we are seeking to establish through
the enactment of this bill.
Mr. HRUSKA. Of course, there is the
other alternative, a third alternative, of
a 10-year term with an additional 5 years,
which would be subject to approval by
Congress. Are there any specific reasons
why the Senator would dismiss that as
an alternative in favor of a flat 10-year
term?
Mr. ROBERT C. BYRD. I have not dis-
missed it an an alternative. As a matter
of fact, I have a fallback amendment
which would provide for that in the event
my first amendment is not adopted. How-
ever, I much prefer the 10-year term, be-
cause, as long as there is a second term,
there can be the motive the motive; I
do not say that it will always influence
the holder of the office-at least, there
is the possibility that a Director, in the
interest of getting himself reappointed,
notwithstanding the fact that he would
have to be reeconfinned by the Senate,
would bend a little here or bend a little
there in order to ingratiate himself to
a President or to a candidate for the
Presidency. If he has one shot and that
is all, I think he is going to give his best
and we eliminate entirely the possibility,
in my judgment, of politicizing the Bu-
reau for the purpose of preserving the
Director's status and perpetuating him
as Director of the organization.
Mr. HRUSE A. It would be very fine, in-
deed, if we could provide against every
contingency, every conjecture that pos-
sibly might happen. I do not know that
we can. There may be a motivation
desire of a Director of the FBI to in-
gratiate himself to the President and
constantly cater to the President and be
subservient to the President, so that the
President, who can dismiss him at any
time, will be obligated to the Director
and will not, therefore, dismiss him.
If we are going to look for the perfect
solution, I doubt very much that we are
going to find it. I do think it would be
highly regrettable if we developed a very
fine, first-class FBI Director who was
doing a professional job with a high de-
gree of integrity, if we were going to tell
him, "Sorry, we are going to turn you out
to pasture now; you have served ten years
and the country is going to have to get
along without you."
Then we place a new man in that po-
sition for 10 years, after which that same
process will be repeated. This would be a
waste of human resources.
As I say, I do not know that there is
any perfect solution. I do not know
whether we can find it. I think all those
alternative forces have advantages and
disadvantages.
Mr. ROBERT C. BYRD. I agree with
the Senator that there is no perfect solu-
tion, but it is a little like what I have
always heard was our guiding principle
in the administration of justice. I do not
know whether I state this correctly, but
from the time I was a boy, I have always
heard that it is better to let 10 criminals
go free than to punish one innocent man
I think the chances of having an ex-
tremely competent man serve out his 10?
year term and being unable to find a sec?
and competent, able, dedicated, patriotic
man to fill his shoes is a danger far les
than going down the other road, in whit'
we might have 10 competent men an
then find one who would want to estab
lish' himself as a little dictator, wl,
would be political in his actions in ordi
to get re-appointed.
I should rather err on the side of or
term and the assurance that one rr'
would only have one opportunity,
he would do his best, since he could
be reappointed, he would give his i- lt-
most, than to err on the other side of
letting him have a second opportunity.
There are many men I would like to
see President 3 terms or 4 terms or 5
terms. I say many-one comes along
once in a while, perhaps. But to estab-
lish it as a rule that any man can suc-
ceed himself the third time, the fourth
time, and the fifth time creates a danger
that is many times greater than the pos-
sible benefits that might accrue from the
one good man who might have served 3
terms.
Mr. HRUSKA. I thank the Senator for
the courtesy and the patience of engag-
ing in this colloquy. I feel the recital of
these reasons and the feeble questions on
the part of this Senator to try to draw
them out might serve some purpose,
either in consideration of this bill in the
other body, or perhaps in conference if
the bills are dissimilar enough to require
a conference.
Mr. President, I do not oppose the im-
position of a fixed term of office for the
Director of the Federal Bureau of In-
vestigation.
Establishing a fixed period of time for
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818422
CONGRESSIONAL RECORD -SENATE October 7, 197.4
reacting In -our fear of the leadership of
the President of the United States, who-
ever he may be at a given period.
We know that the Director of the FBI
for a long period of time, J. Edgar Hoo-
ver, became somewhat legendary as the
head of that Bureau.
TI-rere was criticism of Pat Gray when
he was the Acting Director, and now we
have a new gentleman, Clarence M. Kel-
ley, about whom I have heard nothing
but good reports.
I suspect that the fact that the Comp-
troller General of the United States, the
head of the General Accounting Office,
whose term is for a period of 15 years
has something to do with the action that
is being proposed now.. Yet the posi-
tions are not similar.
Mr. President, my amendment would
provide that the Director of ' the FBI
would serve for a term of 4 years. He
would be subject to reappointment and
reconfirmation.
I believe we treed to have the Director
of the FBI under the executive branch
and subject to general supervision of
the President. I believe that we need to
have general oversight exercised by Con-
gress and his appointment and reap-
pointment by and with the advise and
consent of the Senate.
The Senate would have to pass every
4 years on how this man had accounted
for his stewardship. In my opinion every
public official should have to periodically
account to the people or to their elected
representatives for the type of perfor-
mance he has given.
Other Justice Department officials have
4-year terms. The U.S. attorney is ap-
pointed for a 4-year term, the U.S.
marshal is appointed for a 4-year term.
Both are subject to reappointment and
reconfirmation.
Mention has been made that we would
have the term of the head of the FBI
running concurrent with the Office of
the President.
Yet, as I remember, the present Direc-
tor of the FBI did not start his term of
office at the same time as the President
of the United States and he would not
be out of office at the same time as the
President of the United States; his term
would, therefore be different.
I look at the second purpose of this
bill as indicated in the report and note
it is to protect against an FBI Director
becoming too independent and .unre-
sponsive.
I think a 4-year term would guarantee
that he would not be too independent
and too unresponsive -because - every 4
years we would take a look at the in-
cumbent. He would have to have the
approval of both the President and the
Senate to be renominated and recon.
firmed.
I see no real incentive, when appointed
for a single 10-year term for a man to do
a good job, other than what might be in-
herent in that man himself. There
would be no reward offered for him going
a second mile and attempting to do an
exceptionally good job. But if he Is sub-
ject to reappointment and reconfirma-
tion, at the end of 4 years, if we had the
opportunity to review the performance
that he has made in the office that he
held and pass judgment upon him every
4 years, I believe there would be reason
for him to go a bit further than he needs
to go.
Mr. President, once again, I think that
what the distinguished Senator from
West Virginia is proposing is a good
thing. I Just believe that if the term is
4 years subject to reappointment, recon-
firmation, the man could serve 4 years,
8' years, 12 years, 16 years, 20 years, he
would do a better jot?. Mr. J. Edgar
Hoover served roughly 50 years In the
office.
That may be too long, but if the Presi-
dent and if the Senate wanted a man to
serve for that period of time, under my
proposal he- could serve for that long.
I would hope that this amendment
might be adopted, Mr. President.
'The PRESIDING OFFICER. Who
yields time?
UNANIMOUS-CONSENT AGREEMENT
Mr. ROBERT C. BYRD. Mr. President,
we are not operating under a-time agree-
ment. I wonder if the distinguished
Senator, and other Senators, would
agree to time for a vote on the Senator's
amendment. I do not wish to offer any
tabling motion. I want him- to have an
up or down vote on his amendment. I
wonder if we could agree to a vote on the
amendment by Mr. SCOTT, of Virginia,
immediately following the vote on the
hazardous substance bill, which will
occur at 4 o'clock today; and then `im-
mediately following the vote on the Scott
amendment, if it is not agreed to, if we
could agree to a vote on my amendment,
up or down.
Mr. WILLIAM L. SCOTT. Mr. Presi-
dent, I am agreeable to that.
Let me just add, if the Senator will
yield, I appreciate the consideration
given to the Senator from Virginia by
the distinguished Senator from West
Virginia, and the assistance of the Par-
liamentarian, so that we could properly
draft this amendment and bring .it be-
fore the Senate for consideration.
Mr, ROBERT C. BYRD. I thank the
Senator. I knew what he was trying to
-do, so I thought he was entitled to have
a vote.
I ask unanimous consent that imme-
diately following the vote on the hazard-
.ous substances bill, which will occur at
4 o'clock today, a vote occur on the adop-
tion of the amendment offered by the
Senator from Virginia (Mr. WILLIAM L.
-SCOTT) to be 'immediately followed, if
that amendment is not adopted, by a
vote on the adoption of the amendment
which I offered on behalf of Mr. MANS-
FIELD, Mr. HART, and myself.
Mr. PROXMIRE. Will the Senator
yield on that unanimous-consent re-
quest?
Mr. ROBERT C. BYRD. Yes.
Mr: PROXMIRE. Would that preclude
the amendment I have, which -the Sen-
ators knows about?
Mr. ROBERT C. BYRD. It would not
preclude the Senator from offering his
amendment.
The PRESIDING OFFICER. Without
objection, it is so order-ed.
Mr. ROBERT C. BYRD. I thank all
the Senators.
Mr. PROXMIRE. Mr. President, will
the Senator from West Virginia yield?
Mr. ROBERT C. BYRD. Would the
Senator from Wisconsin allow the, Sen-
ator from Nebraska to make a statement
in connection with the pending amend-
ment? Once we start voting, the Senator
will not have that opportunity.
Mr. HRUSKA. How much time will be
allowed?
Mr. ROBERT C. BYRD. The Senate
has 7 minutes before we begin voting.
Mr. HRUSKA. That will more than
suffice for my purposes.
Mr. President, I rise to oppose this
amendment. In my judgment it would
destroy the purposes of this bill.
=This bill has two purposes: One is to
-eliminate undue pressure being exerted
upon the Director from superiors in the
executive branch; the other is to protect
the FBI Director from becoming too -in-
dependent and unresponsive.
It seems to me a 4-year term, with the
necessity of reappointment, would make
him dependent and totally responsive
both to the President, who would have to
appoint him, and also to the Senate
which would have to confirm him. The
idea in the bill was to furnish -a stability
and a duration of appointment that
would render him' independent and would
render him responsive to the needs of the
office and of the Nation, rather than re-
sponsive either to the President or to
Congress.
Certainly, the 4-year term, with the
reappointment for another 4 years, would
give every motivation and every incentive
to a director to want to placate and to
want to ingratiate himself with the Pres-
ident, whoever he is, in order that he
could survive another 4-year term.
I regret very much that I must dis-
agree with my fine friend from Virginia
but I do sincerely believe that it would'
destroy the purpose of the bill.
The bill has many safeguards. The
President can discharge the Director ans
time he sees fit for any reason, or for nom-
reason at all. That is under the Consti-
tution. He has that power as to any of-
ficer or official of the executive branch
of Government where that officer or of-
ficial is devoting all of his efforts to duties
within the executive branch. -
It does not apply to the present Di-
rector. -
I think it is a very well-balanced bill,
well thought out, and has a splendid
rationale. I think we ought to preserve it
in its present form. For that reason, 1in-
tend to vote against the amendment. I
do hope that this Senate will abide by
that same type of judgment.
I.yield back the remainder of my time.
Mr. ROBERT C. BYRD. Will the Sen-
ator yield?
Mr. HRUSKA. I yield. -
Mr. ROBERT C. BYRD. I understood
the Senator's opposition to the amend-
ment to be speaking against the amend-
ment by Mr. SCOTT and not against the
amendment which I have offered.
Mr. HRUSKA. It pertains to the
amendment offered by the Senator from
Virginia, that is right.
Mr. ROBERT C. BYRD. I thank the
Senator.
Mr. HRUSKA. I had been informed
that your amendment had been adopted.
Mr. ROBERT C. BYRD. It has not been
adopted. The vote on my amendment will
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Qctober 7, 1974 CONGRESSIONAL RECORD -SENATE
the service of the Director will lent sta-
bility to that office and assure a d.;gree
of continuity to that superb orga:3iza-
tion. This legislation may also lessen
the concern of some who fear that ap-
pointment of individuals for an ur..spe-
cifled time may be done for political pur-
poses. The 10-year duration of office will
provide the Director the opportunity to
devise and implement policies of a long-
range nature. It will lessen any po;en-
tial for buildup of any political pressure
as well as incentives for same.
However, the record should be made
clear that the stability which we are at-
tempting with this legislation will not in
terfgre with the Presidential power of
removal. This bill does not attempt to
curtail this constitutional power of the
Chief Executive. Should the President
seek to remove a Director of the FBI, an
executive officer, prior to the expiration
of the 10-year term, he would be free
to do so.
This Presidential constitutional re-
moval power has been long recognized.
in Myers v. United States, 272 U.S. 52
(1926), the Court addressing this ques-
tion wrote:
If there is any point in which the separa-
tion of legislative and executive powers
ought to be maintained with great caution,
it is that which relates'to officers and offi-
ces ... the vesting of executive power in the
President was essentially a grant of the
power to execute the laws ... As he is charged
specifically to take care that they be faith
fully executed, the reasonable implication,
even in the absence of express words, wa:;
that as part of this executive power he
should select those who were to act for him
under his direction in the execution of the
laws. The further implication must be, in
the absence of any express limitation re-
specting- removals, that as his selection of
administrative officers is essential to the ex-
ecution of the laws by him, so must be his
power of removing those for whom he can-
not continue to be responsible.
This principle, enunciated in the
Myers case, has been reaffirmed more re-
cently? In Humphrey v. United States,
295 U.S. 602 (1934) and Wiener v. United
States, 357 U.S. 349 (1957).
There will result an improvement over
the present undeterminate tenure. The
bill should be approved. -
Mr. ROBERT C. BYRD. May I say one
final thing? I think it was the hearings
that convinced me that one term is pref-
erable to a situation in which there can
be a second one. At first, I was wedded
to the idea, of two terms. I no longer feel
that way about it after listening to Mr.
Kelley, and to Mr. Ruckelshaus, and af-
ter listening to constitutional scholars,
men who have followed the FBI and
studied it over the years. I really think
that in the interest of the constitutional
liberties of the American people and a
better operation of the FBI, one 10-year
term is probably about the best we can do.
Mr. WILLIAM L. SCOTT. Mr. Presi-
dent, will the Senator yield?
Mr. ROBERT C. BYRD. Yes.
Mr. WILLIAM L. SCOTT. Mr. Presi-
dent, I do not know the exact terminol-
ogy of the Senator's amendment. I shall
wish to propose an amendment, after
the disposition of the pending amend-
ment, to provide for a 4-year term with
the right to appoint for additional 4-year
terms. I believe in that way we would
have congressional control, because the
holder of the office would have to be sub-
ject to Senate confirmation every 4 years,
and if the Senate did not feel that the
man was suitable to serve an additional
period of time, we could refuse to con-
firm the reappointment.
The Chief Executive would also have
the right to determine whether the man
should stay in office.
I shall not make my argument in favor
of that proposal at this time, but I am
thinking about the way to compose the
amendment. The one I have at the desk,
would merely strike out the word "ten"
and insert the word "four," and then
strike out the last sentence, saying "a
director may be reappointed in accord-
ance with subsection (a) of this section
for only one additional term," not know-
ing that the distinguished Senator from
West Virginia was going to change the
last portion to make it only one 10-year
term.
I wonder if the Senator could tell me
the phraseology he used, so that I could
write an appropriate amendment to at
least give the Senate the opportunity to
consider an alternative of 4 years
with the right to be reappointed and re-
confirmed for additional terms of 4
years,
Mr. ROBERT C. BYRD. Yes. The
amendment which I have submitted on
behalf of Mr. MANSFIELD, Mr. HART, and
myself would strike out the last sentence
of the bill, and insert in lieu thereof the
following:
A Director may not serve more than one
ten-year term.
Mr. WILLIAM L. SCOTT. Then I take
it that if I propose an amendment just
striking out "ten" and putting in "four,"
I could also strike out the words which
the Senator is now adding to the bill.
Mr. ROBERT C. BYRD. The Senator
might wish to address that inquiry to the
Chair. May I say, however, in the first
place, that I have already indicated my
reasons for coming around to the view-
point that they should not'be eligible for
subsequent terms.
I have also stated that I originally felt,
as the Senator does, that there should
be two 4-year terms, but I conducted the
hearings on this b 1l, and after hearing
the advice of men whose advice I think
should be weighed heavily, Mr. Kelly.
Mr. Ruckelshaus, Professor Elliff of
.Brandeis University, and others, I came
i;o the conclusion that in the first place
there should not be a second term, and
in the second place a four-year term
would be too short a term, and could
coincide very easily with the elections,
and thus put the Director right in the
middle of a political situation in his de-
s: re to be reappointed.
So I am opposed to the two 4-
year-term idea.
Mr. WILLIAM L. SCOTT. I would say
to the distinguished majority whip that
I have listened with great interest to
everything that he has said, and find
m:rself in substantial agreement. We
have a minor disagreement, and I do in-
tend to offer my amendment for the
S 18421
consideration of the Senate. I will, at
the appropriate time, ask for a roIlcall
vote.
Mr. ROBERT C. BYRD. I thank the
distinguished Senator. I know he- is try-
ing to do what the rest of us are trying
to do; it is just that we have this slight
disagreement as to number and length
of terms.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment of
the Senator from West Virginia.
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I am ready for the vote.
Mr. WILLIAM L. SCOTT. Mr. Presi-
dent, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll. ,
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. WILLIAM L. SCOTT. Mr. Presi-
dent, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER (Mr.
B'UCKLEY). Without objection, it is so
ordered.
Mr. WILLIAM L. SCOTT. Mr. Presi-
dent, I have an amendment at the desk
and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk
will read the amendment.
The assistant legislative clerk read the
amendment, as'follows:
Mr. WILLIAM L, SCOTT offers the following
amendment:
In lieu of the language of the Robert C.
Byrd amendment insert:
The term of the director shall be for four
years subject to reappointment and recon-
firmation by the Senate.
Mr. WILLIAM L. SCOTT. Mr. Presi-
dent, I ask for the yeas and nays on my
amendment.
The PRESIDING OFFICER. Is there a
sufficient second? There is a sufficient
second.
The yeas and nays were ordered.
Mr. ROBERT C. BYRD. Mr. President,
I ask that it be in order to ask for the
yeas and nays on my amendment.
The PRESIDING OFFICER. Is there
objection? The Chair hears none, it is so
ordered.
Mr. ROBERT C. BYRD. Mr. President,
I ask for the yeas and nays.
The PRESIDING OFFICER. Is there
sufficient second? There is a sufficient
second. -?.
The yeas and nays were ordered.
Mr. WILLIAM L. SCOTT. Mr. Presi-
dent, I agree in general with what
the distinguished Senator from West Vir-
ginia is attempting to do. I have reviewed
the report and I commend the distin-
guished Senator for his action.
I note from the report that the purpose
of the bill has two objectives. The first is
to insulate the Director of the Federal
Bureau of Investigation from undue
pressure being exerted upon him from
superiors in the executive branch.
Now, Mr. President, we have an old
saying among lawyers that hard cases
make bad law.
There has been suspicion and criticism
of the role of the Director of the FBI in
recent months and years and it may be
that we are overreacting by providing for
a 10-year term, and perhaps we are over-
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Gctober 7, 1974 CONGRESSIONAL RECORD - SENATE S 18423
follow immediately after the vote on the Senate will adopt the amendment I have But the longer time span gives Congress
amendment by Mr. SCOTT, if the Scott offered on behalf of Mr. MANSFIELD, Mr. fewer oversight powers and puts less ac-
amendment is not adopted. HART, and myself. countability on the FBI Director.
Mr. HRUSKA. May I say, Mr. Presi- Mr. SCHWEIKER. Mr. President, as Furthermore, a lengthy term of office
dent, that if the amendment of the Sen- -a cosponsor of S. 2106, the bill introduced increases the tendency of its. occupant to
ator from Virginia is adopted, I propose by the Senator from West Virginia (Mr. become somewhat isolated, opinionated,
to vote against the bill. ROBERT C. BYRD) to provide for a 10-year or lethargic. Nor can I support the sug-
Mr. ROBERT C. BYRD. I thank the term for the Director of the Federal Bu- gested amendment limiting the term to
Senator. reau of Investigation, I would like to ex- 10 years without the right of succession.
Mr. WILLIAM L. SCOTT. Mr. Presi- press my strong support for this legisla- This, too, will limit congressional ovei-
dent, I appreciate the remarks of the dis- tion. sight, something I feel is absolutely es-
tinguished Senator from Nebraska and This bill will create an independent sential.
the reasons he has stated. FBI. Certainly no one can question the I am aware of Clarence Kelley's rec-
Certainly, we would like for the Di- need for prompt action in this area. The ommendation of a 9- or 10-year term.
rector to have a degree of independence. case for an independent FBI has been Because of the respect I hold for both
I believe that any tenure does give some fully documented, not only in hearings, him and the distinguished Senator from
independence. As the situation is today, but in headlines. The Watergate disclo- West Virginia, I will withhold amending
the Director of the FBI serves entirely sures tarnished the FBI, and sharply di- S. 2106 at this time.
at the pleasure of the President and may minished the traditional confidence Mr. MATHIAS. Mr. President, I rise
be removed at any time. He is not given which American citizens have had in the today _in support Of S. 2106, a bill to es-
any term of office at all. FBI. This legislation will go a long way tablish a 10-year term for the Director of
My proposal would provide a term of toward restoring public confidence in the the Federal Bureau of Investigation.
4 years. He could serve a 4-year term FBI. As a member of the Senate Judiciary
and then be subject to reappointment I am particularly pleased to be a co- Committee, I have given a great deal of
and to reconfirmation. sponsor of S. 2106, because it incorpo- attention to the FBI during recent years.
In my opinion, in a democracy such as rates the essential points of my Own bill, Indeed, the hearings of our committee
we have every public official should be S. 1707. My bill would provide a 10-year into the nomination of L. Patrick Gray
subject to the will of the people, or their term for the FBI Director, with the ap- to head the FBI were crucial in the even-
elected representatives. That is what the pointment subject to senatorial confir- tual exposure of the entire Watergate
Director of the FBI would be. Every 4 mation. My bill would also limit the elig- scandal. Regrettably, those hearings also
years he would have to account for his ibility of any Acting Director to be named showed the involvement of this great
stewardship. I am afraid that when we Director, to avoid possible political pres- Federal investigative agency in that af-
have 10-year terms, when a person can- sure, and would establish the FBI as an fair. They raised questions about the
not be reappointed, when he will serve independent agency, subject to congres- operation of the Bureau, questions which
only for. 10 years, he could be quite arbi- sional oversight. While S. 2106 does not today have not yet all been answered.
trary. specifically cover all of these points, I This legislation, however, is a step in
We have that in some of the lifetime am confident that by limiting the FBI the right direction.
appointments that we make to the bench. Director to a specified term, S. 2106 will At the time of the Judiciary Commit-
I do not believe in arbitrariness in any clearly establish, for the first time, the tee's second set of hearings on the nomi-
public official. We are proud of our sys- independence of the FBI from political nation of a director of the FBI, that of
tem of checks and balances in our Gov- pressure. Clarence Kelley, I felt that part of the
ernment. I believe that the President I commend the Judiciary Committee problem that we faced as a committee
should be able to look at the record of for its prompt action on this bill, and I was in determining exactly what the re-
the man for 4 years. I believe the Senate urge my colleagues to support this meas- quirements of the position were so that
should look at that record after the com- ure. - we could determine whether the nom-.
cletion of 4 years. Then if the President Mr. BROCK. Mr. President, I would inees met those requirements. In short,
-'and if the Senate felt that the man had like to say a few words in support of I felt then and I feel now that what is
done a commendable job, he would not S. 2106, as introduced by the Senator needed is a job description for the posi-
be precluded from serving 8 years, 12 from West Virginia. In April 1973, I in- tion of Director of the FBI.
years, 16 years, or any other number of troduced a similar bill, S. 1519, which Thanks to my colleague on the Judi-
years that the person occupying the office would have established a 6-year term of ciary Committee from. West Virginia,
of Chief Executive of the country wanted office for the FBI Director. Although i Senator ROBERT C. BYRD, we will have
him to serve, with the advice and consent feel my measure presents several advan- here today, following the passage of
of the Senate. tages over S. 2106, I will not offer an this bill, the beginnings of such a job
Mr. ROBERT C. BYRD. Mr. President, amendment at this time. description. As a result of his efforts, Di-
I have an amendment which could pos- The purpose of this legislation is clear rectors of the FBI must come before the
sibly be adopted within 2 minutes, but I and praiseworthy. It is designed to make Senate for confirmation,
will not attempt to offer it. the Director more accountable to Con- We know that this is a part of their
I suggest the absence of a quorum. gress and less subject to misconduct job. We also know, as a result of S. 2106,
The PRESIDING OFFICER. The clerk which has occurred in the past. Former that the term of the job of Director of
will call the roll. Acting Director Patrick Gray owed the the FBI will be 10 years and no more.
The second assistant legislative clerk highest allegiance to the President as The Senator from West Virginia de-
proceeded to call the roll. witnessed by his willingness to accede to serves our praise and thanks for these
Mr. ROBERT C. BYRD. Mr. President, the requests of White House aides and contributions.
I ask unanimous consent that the order withhold and destroy material evidence My view is that even more in the way
for the quorum call be rescinded. connected with the Watergate affair. Set- of a job description, if you will, is needed,
The PRESIDING OFFICER. Without ting a fixed term of office with congres- not simply for the Director but for the
objection, it is so ordered. sional approval for reappointment is a Bureau as a whole. I believe that we
step in the right direction for increasing need to have such a description spelled
Mr. MANSFIELD. Mr. President, will accountability while not jeopardizing the out in statutory form so that the limita-
the Senator yield? independence necessary for effective FBI tions of the job, the limitations on what
Mr. ROBERT C. BYRD. I yield. operation. the Bureau can properly do, are quite
Mr. President, I will not discuss further I, personally, would favor a 6-year term clear.
the amendment by Mr. WILLIAM L. SCOTT. with a provision that the Director can I think that this is true with respect
There was sufficient discussion earlier, be reappointed with Senate approval. I to wiretapping, as to which I have pro-
and I think the distinguished Senator feel that a fixed 10-year term is simply posed legislation. I think that this is
from Nebraska has covered it. too long. I am not convinced that the true with respect to other forms of sur-
I want to state at this point that I term needs to be longer than that of a veillance and recordkeeping, as to
shall vote against the amendment by the 2-term President. Improper influence which legislation has been considered by
distinguished Senator from Virginia (Mr. could as easily occur with a 20-year term, this Senate. I think this is true with re-
WILLIAM L. SCOTT), and I hope that the depending on the individual involved. spect to the dissemination of criminal
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CONGRESSIONAL RECORD--SENATE October 7, 1974
justice records, as would be the case if this kind of independence, is incom-
legislation I have cosponsored were en-. patible with the Attorney General, act-
acted. And, finally, I think thrt there ing for the President, being able to set
are a number of areas which should be overall policy for the Bureau in regard
explored to see whether a job des,ription to legitimate national objectives.
is in order. If we a:re going to give the Director an
I offer these suggestions not in criti- initial term of 10 years, it is not mean-
cism of the Bureau or its present: Diree- ingful to assume that on minor policy
tor, whom I supported. I offer them in difference would be sufficient to stop
the belief that in a free society, it is confirmation for a second term. If there
best to have rules laid down in clear and has been a flagrant abuse or unwilling-
precise language, in the form of laws ness to follow policy directives of the
which will bind all people. President, the White House would be
Mr. HART. Mr. President, I rise in free to remove him before then. But if
support of the amendment offered by the President, despite any adverse public
the distinguished majority whip. Under criticism, renominates the director, then
his leadership, the Subcommittee on FBI I do not believe the reconfirmation hear-
Oversight, and the full committee hive ing would provide as useful an opportu-
grappled with the vexing question of how nity for oversight as would a new con-
long any one man or woman should be firmation of a new Director. The Director
permitted to serve in the very sensitive would have no incentive except to "call
post of FBI Director. I think the com- them as he sees them."
.mittee report states the pros and sons of As the report notes, a decade is surely
each position which has been suggested, enough for anyone to make his contri-
and one can find reasonable arguments bution and leave his mark upon the
for each as the best solution. Bureau. At that point I think new blood
The argument for renewal-that is for and a fresh approach is a good idea in
a second possible term-is basically that such a sensitive, and inherently contro-
the reconfirmation would lead a director versial post. For the same reason, I would
to act carefully and responsibly in order oppose a 5-year renewal term, as well
to avoid any risk he will not be recon- Ias the full 10.
And there is the possibility that the
Bureau would be misused or manipulated
with a view toward making Senators
afraid to oppose reconfirmation. I do
not believe the present directo:', Mr.
Kelley would misuse the Bureau for such
personal reasons as the desire to insure
a second term. He is clearly a man of
integrity and one who respects tae in-
stitution of the FBI, too much for that.
But recent years have revealed too
many instances in which political power
was abused for personal reasons. The
public looks to us to institute wises safe-
guards which need not rest on the
assumption that every office holder will
be able to resist temptation.
On balance, I think the danger.; of a
possible renewal of tenure outweigh the
advantages. Congressional oversight
through reconfirmation hearings would
be meaningful only if the initial appoint-
ment was for a much shorter periDd of,
say 4 or 5 years. But as the report points
out, the Director's job would then seem
too much like just another cabinet post,
and part of the President's political fam-
ily, so to speak. I think the FBI Director's
post should be given greater stature and
autonomy than that.
The committee reported an initial
tenure of 10 years for the first term. I
had some reservations about that period
originally. It seemed quite lang. But 1 am
satisfied that it would be useful to have
a directorship run beyond the expected
two-term service of the President who
appoints him. And to a point, extended
service will enable the Director to estab-
lish the reputation and respect which
would facilitate his resistance to im-
proper requests from his superior-s or
the White House.
Indeed it will make the latter ';pink
twice before seeking such cooperltion
in misusing the, Bureau. Nor do I think
on H.R. 15223, the
Act of 1971?
The PRESIDING 0
correct.
amendment of the Senator fro
(Mr. WILLIAM L. SCOTT) ?
correct.
Mr. MANSFIELD. That f
following that there will be.
amendment; of the Senato
The PRESIDING 0
ator is correct.
ment is defeated.
The PRESIDING
correct.
Mr. MANSFIELD.
The PRESID
objection, ii; is
OFFICER. Without
EXTENSION OF TIME FOR A CON-
FERENCE COMMITTEE TO FILE
ITS REPORT
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that the conference
committee have until midnight tonight
to file its report on S. 3044, the Federal
Election Campaign Act amendments.
The PRESIDING OFFICER. Without
abjection, it is so ordered.
TRANSPORTATION SAFETY ACT OF
1974
The Senate continued with the consid-
eration of the bill (H.R. 15223) to regu-
late commerce by improving the protec-
tions afforded the public against risks
connected with the transportation of
hazardous materials, and for other
purposes.
The PRESIDING OFFICER. The hour
of 4 p.m., having arrived, under the pre-
vious order, the Senate will now vote on
H.R. 15223, as amended. The bill hav-
ing been read the third time, tl4e ques-
On'this question the yea nd nays
have been ordered, and the rk will call
lative clerk c d the roll.
MrERT C. B . announce
that enator fr Indiana (Mr.
BAYRSenator m Nevada (Mr. BIBLESenat rom Nevada (Mr.
CANNe Se r from Idaho (Mr.
CHURhe S for from California
(Mr. ON) a Senator from Mis-
sissipr. ASTLAND), the Senator
Th/f,
from rolina (Mr. ERVIN) , the
Senat' Alaska (Mr. GRAVEL), the
SenatSouth Carolina (Mr. HOL-
Senator from Iowa (Mr.
HUGHEa Senator from Hawaii (Mr.
INOUY Senator from South Dakota
r. GRIFFIN. I announce that the
MON), the Senator from Utah (Mr. BEN-
NETT), the Senator from Kentucky (Mr.
Coox), the Senator from Nebraska (Mr.
CURTIS), the Senator from Kansas (Mr
DOLE), the Senator from New Mexico
(Mr. DomENIcI), the Senator from Colo-
rado (Mr. DomiNicx), the Senator from
Arizona (Mr. GOLDWATER), the Senator
from Wyoming (Mr. HANSEN), the Sena-
wd%L the Senator from Vermont (Mr.
STAF ,) , and the Senator from North
Dakot r. YOUNG) are necessarily
I also an ce that the Senator from
Illinois (Mr. Y) is absent on official
I further anno that, if preseht and
voting, the Senato om Illinois (Mr.
PERCY) and the Se from Kansas
(Mr. DOLE) would each "yea."
I further announce th a Senator
from Florida (Mr. GURNEY) bsent to
The result was announced-, 69,
nays 0, as follows:
[No. 455 Leg.]
YEAS-$9
Aboureek Byrd, Robert C. Haskell
Allen Cane Hatfield
Bartlett Chiles Hathaway
Bean Clark Hruska
Bentsen Cotton Huddleston
Biden Eagleton Humphrey
Brock Fannin Jackson
Brooke Tong Javits
Buckley Fulbright Johnston
Burdick Griffin Kennedy
Byrd, Hart Long
Harry F., Jr. Hartke Magnuson
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