S. 495. A BILL TO ESTABLISH CERTAIN FEDERAL AGENCIES, EFECT CERTAIN REORGANIZATIONS
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CIA-RDP77M00144R000800120048-1
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Publication Date:
January 30, 1975
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Jarziiary, 30, 1975 CONGRESSIONAL RECORD SENATE a4,
a Ticition'until it is too late since treatment W e a e e? . ?-? -- ?__ _., _-__ __ _ n her i
in many :countries-including the Republic . haver volunteered to open their. homes to a - rosy. As the only per- group. who
of Korea-means isolation for them and for child who desperately needs help. Already was neither doctor, nurse nor clergyman, she
their families in squalid leprosoria or re- more than 100 families on the Eastern Sea.. was as unique as the program she- was pro
settlement: villages. Those with leprosy and board have- made commitments to OUT- posing.
her
those whose parents have leprosy are con- REACH and hundreds more have Inquired For time e t ti nlnnin Gotteb gave ala all yand
Sider d second class citizens and are cut off about the program. spare g
forever from equal opportunities in all areas.. . - .The Republic of Korea's Ministry of gram, traveling :.frequentlyli to Kore
of their lives: employment,, education and , Health and Social Affairs has demonstrated sometimes working seven days a week to get
even marriage. Segregation ln?resettlement its complete cooperation by cutting the bit- the program going. During this time she en
villages makes prolonged contact with lep- reaucratic red tap to shorten the time re.. listed the help and support of many distin-
rosy patients unavoidable for uninfected quired to get passports and exit visas for guished experts and leaders. in the field of
family members. forced to live there, and a inter-Country adoption. The Korean govern- leprosy and medicine In general. Finally, she
number of them may contract the disease ment's rule against single parent adoption decided she could no longer manage the work
needlessly because of being coerced into this will not apply nor will the annual quota on alone, and so she came to The American-
isolation. adoptable children. Korean Foundation for assistance. Mrs. Cott-
It can truly be said that the fear. and As has been stated, the adoptive children lieb will continue to run the OUTREACH
loathing which society maintains towards will be examined in Korea and they will program under The American-Korean Foun-
those with leprosy is more dangerous and undergo semi-annual medical checkups in dat.ion's auspices. She will serve as Volun-
damaging. and disfiguring than the leprosy the United States for a period of five years Leer Director for Children's Services.
bacillus itself: in a cooperative project with the Sloan- For its part, The American-Korean Foun-
The program described in the following Kettering Institute to assure their continu- dation will utilize Its expertise and experi-
pages aims, at doing something about the ing good health.- The United States Center once in Korea to facilitate the processing
intolerable conditions in which people with for Disease Control has also enthusiastically of the children. It will assist In making
leprosy and their families are forced to live. approved the program. travel arrangements for the children, it, will
OUTREACH, a program of The American- The medical field will significantly bone- help administratively in the adoption pro,
Korean Foundation, seeks to bring children gt from the unique opportunity of study- cedure working with TAISSA and all other
of leprosy patients to the. United States for ing these youngsters over a long period of agencies who become involved in the project.
adoption. Every one of these children will time, will undoubtedly far exceed the print, The American-Korean Foundation will also
be screened in Korea and will be medically ing on the OUTREACH program, Dr. Howard solicit funds for OUTREACH as it does fof
followed here in the United States to assure A. Rusk, Chairman Emeritus of The Amer!- its many other Korean projects.
that there is not the slightest chance that can-Korean Foundation, stated, "The medi- ,.r
theyhave leprosy. By .removing them from cal and social dividends of this project, By M] Rff3ICOPF (for himself,
a society which discriminates against them, many of which we do not know about at this Mr. PERCY, Mr. METCALF, Mr.
the individual child will benefit. In addition, time, will undoubtedly far exceed the prin-
the health and well-being of these children ciple involved." INOUYE, Mr. MONTOYA, Mr,
and their accomplishments In an atmosphere- ' It is hoped'that during the next two years, WEICKER, and Mr. MONDALE)
free of prejudice will demonstrate that the approximately 2,000 adoptable children in S. 495. A bill to establish certain feed-
stigma against leprosy can be erased. the 1-14 age group will be placed with adop- eral agencies, effect certain reorganiza-
This is a radical, efficient and humane solu- tive familes. Medical processing has already , ticns. of the Federal Government, and to
tion to a centuries-old 'problem which is begun in Korea and medical follow-up will implement certain reforms in the opera-
denies thousands of children to suffer and begin in the fall - of 1974 in the United
denies them the realization of their full States. The case studies of the first.group tion of the Federal Government reCOtn-
potential of children are currently being processed by mended by the Senate Select Committee
BACKGROUND 'T'raveler's Aid International Social Service on Presidential Campaign Activities, and
Leprosy affects in 'excess of 15 million of of America (TAISSA) on both sides of the for other purposes. Referred to the C`orn-
the world's people. While it is not limited to-- Pacific. mittee on Government Operations.
any race or geographic distribution, the The importance of this project has been REORGANIZATION AND REFORM ACT
greatest number of cases occur in the trop- acknowledged by governments, private agen- WATERGATE
OF ISO
ical or. 'semi-tropical climates -of Africa, cies and many dedicated individuals, all of
Southeast Asia, South America, and the In ? whom are diligently working together to - Mr. RIBICOFF. Mr. President, on be-
dian continent. - - assure its success for the sake of the children half of Senators PERCY, METCALF, INOUYE,
In the United States the incidence is lim- involved.and of leprosy victims In general. MONTOYA, WEICKER, MONDALE, and my-
ited to approximately 3,000 cases, the ma- 'LEADERSHIP self, I introduce the Watergate Reorgani-
jority, of which receive outpatient treatment: For over 20 years The American-Korean zation and Reform Act of 1975.. 'I'hi;; bill.
Leprosy is not native to the United States, Foundation, a non-profit, non-political, non- which I am reintroducing today, was oil-
and health officials say there is no documen- sectarian agency, has had an abiding interest ginally introduced as S A-?.. j by Senator
tat ion of a second generation of the disease in rebuilding South Korea. The organization Ervin and most off-the present eospon?
in this country. was founded in 1953 after two missions
We do not know how many Koreans have sot's at the close of the 93d Cotlgress_
headed by Dr. Howard A. Rusk went to Mr. President, for most of the past
leprosy which they are hiding, but some 90 Korea to establish a United States-Korean
resettlement villages house 35,000 known pimple-to-people self-help program at the Years our attention has been focused or
leprosy and ex leprosy patients and thou- urging of President Eisenhower. Since then, Watergate. Hardly a day passed withou
sands who are e socially branded because a The American-Korean Foundation, with the the evening news carrying some new de
relative was found to have the disease. help of millions of generous Americans, has velopment. The rush of Watergate event
Children of leprosy victims are able to responded to the needs of the valiant Korean drowned out almost everything else.
leave the village at maturity, so long as they 'people with a massive outpouring of support. - Fortunately, that period is now behin
are free of the disease. However, the name that has amounted to $40 million in dons- us With the completion of the Wat:ergat.
of the leprosy village is permanently im- tions and gifts in kind during two decades.
printed on their papers so that potential . OUTREACH has become a program of The trial, the Nation can now devote its fu
employers and the police will be able to American-,Korean Foundation because they attention to other areas of critical in)
identify them. They are forced to take the were the logical people to turn to for help pOrtance-energy, economy, employ
most menial of jobs and are presented from when OUTREACH's founder, Bernice Gott- meat.
attending Korean schools. The stigma of lieb, decided she could no longer manage the But the fact that the Watergate peric
leprosy often extends even to marriage and operation of her project alone. Mrs. Gott- is over does not mean that the -feed ft
restricts the possibilities of choosiriA a mate. lieb became interested in Korea when she reform is past. Unless remedial legish
THE NEED adopted a Korean orphan in 1969. Two years enacted-and enacted soon---the:
The Korean Ministry of Health and Social later when she learned froma Korean Roman tion ing to assure that the 13-t s
Affairs places the number of uninfected Catholic priest about the plight of the chit- is is is n nothoth g will ur that t e eventve epeat
children living in leprosy villages at about dren of Korean leprosy patients, she deter-Watergat not
7,000. Unless a way is found to erode the mined to do something for these children. Permanent reform is essential to pn
leprosy barrier and free these healthy chil- She spent months checking the laws, learn- vent a recurrence.
dren from these villages, they will grow up ing about the disease and visiting (at her The Senate Select Committee on Pre:
bearing the stigma of leprosy and will live own. expense) the Korean resettlement lep- dential Campaign Activities-the Wate
out their lives as second class citizens. The rosy villages. Out of her concern and her hate committee-emphasized this.
fear and prejudice in Korea has created a knowledge OUTREACH was horn. It was the Watergate committee
climate in which they not only have virtu- She received official approval for her plan
ally no hope for a normal life. from the government of the Republic of under the outstanding leadership of Se
.,, , a a * Korea and went to Cai'vllle, Louisiana to ator Ervin-that uncovered and uni'.
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11 ,' CONGRESSIONAL RECORD SENATE
S 1212
ous debt of grati-
, and particularly
r bringing these
`undoubtedly rank. as a major historical
document. -.
At the conclusion of their report, the
Ervin committee recommended enact-
ment of a series of reforms to prevent
further abuses of executive power. These
recommendations, with the exception of
the specific campaign reform provisions
which were enacted last year in the Fed-
eral Election Campaign Act Amend-
ments, are all encompassed in the bill we
are introducing today.
Title I of the Watergate Reorganiza-
tion and Reform Act of 1975 creates two
important, new Government offices. Sec-
tion 101 establishes a permanent office
of the Public Attorney. The office would
be independent of the Justice Depart-
ment and the entire executive branch.
The Public Attorney would be nominated
for a 5-year term by three retired court
of appeals judges designated by the Chief
Justice of the United States. The ap-
pointment would be subject to Senate
confirmation. The office of the Public At-
torney would have jurisdiction to inves-
tigate and prosecute: First, ahe Lions of
corri ption in the executive_lzranch; see-
orid; cases referred by the Attorney Gen-
eral because of actual or potential con-
flicts of interest; third, criminal cases
referred by the Federal Elections Com-
mission; and fourth, allegations of vio-
lations of Federal election laws.
In addition to enhancing criminal law
enforcement within the executive branch
and in Federal elections, the mere exist-
ence of a vital office of the Public Attor-
ney would deter the kind of wrongful acts
that occurred in the Watergate scandal.
Because of this deterrent effect, it is
preferable to create this office now, rath-
er than waiting until some future crisis
when political emotions may be at flood
tide. Jurisdictional disputes between the
Public Attorney and the Attorney Gen-
eral should not be frequent or severe. On
the contrary, the office of Public Attorney
could be legitimately helpful to the Jus-
tice, Department, particularly where a
proper exercise of discretion not to prose-
cute by the Public Attorney might other-
wise give rise to public suspension of a
coverup by the Attorney General, Be-
cause the Public Attorney would be
chosen in the first instance by the judici-
ary--a common pattern in some States
'including my own home State of Con-
,,.necticut-and because the Public Attor-
ney must agree in writing not to hold
elective or appointive Federal office for 5
years following his term of service, the
office of Public Attorney would greatly
encourage equal enforcement of the laws
without regard to political influence.
Section 102 of the bill incorporates
Senator MONDALE's proposal-S. 2569 in
the 93d 'Congress-to establish a Con-
gressional Legal Service under the direc-
tion of a Congressional Legal Counsel.
The Counsel would be appointed by the
Speaker of the House and the President
pro tempore of the Senate from among
recommendations of the majority and
minority leaders in both Houses. Either
House of Congress, any congressional
committee, 3 Senators or 12 House Mem-
bers can. ask the Congressional Legal
Counsel to render advisory legal opinions
as to whether a President's actions are
within the bounds of his authority.
The same subdivisions of Congress or
number of Members of Congress may
instruct the Congressional Legal Coun-
sel: First, to advise private parties bring-
ing suit against the executive branch;
second, to intervene or appear as amicus
curiae on behalf of private parties; and,
third, to represent Congress or any of
its agents in any action to which they
are a party or in which. their official ac-
tion is in issue. Finally, either House,
and congressional committee, 6 Senators
or. 24 House Members can cause the Con-
gressional Legal Counsel to bring civil
actions against cfficers of the execu_Uve
branch- to erao~?ce an _ advisor opinion
of the _Congressional Legal Service,
The creation of its own litigation arm
would allow Congress to protect its in-
terests in court. By guarding against the
executive usurpation of legislative func-
tions through such devices as executive
privilege and the impoundment of duly
appropriated funds, the Congressional
Legal Service would help preserve the
separation of powers between the exec-
utive and legislative branches.
Title II of the Watergate Reorganiza-
tion and Reform Act creates new rules
of behavior .for executive branch officers
and personnel. Section 201 would require
the President and the Vice President to
file each year a public statement of:
First, all income and property taxes paid;
second, the amount and source of each
item of income exceeding $100; third,
each asset or liability in excess of $1,000;
fourth, any transaction in securities,
commodities, or real property' in excess
of $1,000; and, fifth, any expenditure
made by another individual for the bene-
fit of the President, Vice President, or
their spouses.
Section 202, in its primary provision,
prohibits any Government official whose
appointment required confirmation by
the Senate, or who is on the payroll of the
Executive Office of the President, from
participating in the solicitation or
receipt of campaign contributions dur-
ing his or her period of service and for
1 year thereafter. Such a statute would
disallow the transfer of administration
officials to a campaign situation where
they could solicit funds in a potentially
coercive manner from persons over
whom they had previously exercised
governmental and regulatory powers.
Coverage of the Hatch Act is extended
to the Department of Justice, Including
the Attorney General, in section 203.
Obviously, this provision is designed
to further the separation of law en-
forcement from partisan politics.
Section 204 prohibits employees of any
agency in the Executive Office of the
President from engaging in any in-
vestigative or intelligence-gathering
activities. Such secret investigative ac-
January 30, 19
tivities have posed a serious threat
the recent past to fundamental in
vidual rights.
Title 18 United States Code, sect:
595 presently makes it illegal to use t
awarding of Federal grants and loans
affect Federal elections. Section 205
pands this coverage to include the
of any other Federal payments or cc
tracts for such It purpose, and upgrac
the crime to a felony.
Sections 206 and 207 limit access
White House officials to Internal Re,
nue Service records. All requests fox
formation coming from, anyone: in t
Executive Office of the President,
eluding the President, must be report
yearly by the Secretary of the Treast
to the appropriate congressional ovt
sight committees. Income tax retui
would not be open to the President
the officers of his executive office as
matter or course. Upon a written reque
the Secretary of the Treasury may,
his discretion, disclose only the name
a person and the general nature of
investigation if he determines that ft
ther disclosure would prejudice t
rights,-of a person to impartial adrnin
tration of the tax laws. These new ru:
should discourage the use of the IRS I
political purposes.
Title III of the Watergate Reorgar;iz
tion'and Reform Act deals with conga
sional activities. Section 301 gives t
District Court for the District of Colur
bra jurisdiction to enforce congressior
subpenas, and authorizes Congress
bring such suits. Section 302 eliminat
as a defense to perjury that that it c
curred when a quorum of a committ
was not present, and makes title
United States Code, section 1623 (pr
hibiting false declarations) applical
to testimony before - Congress. Sears
committee hearings are required to
open to the public under section 3(
except that they may be closed due
considerations affecting national sec
rity, the reputation of a witness, con
dentiality protected by law, or the r
quirements for a productive investig
tion. -
Title IV addresses Federal clecti,
campaign activities. Section 401 1
creases the maximum tax credit f
political contributions to -$25---or $
on a joint resturn-and abolishes t:
deductions for such contributions. T.
penalty for illegal contributions
corporations and labor organizations
increased in section 402. Section 903 pr
hibits unlawful use of nonpublic car
paign documents, and imposes a $5,0
fine or 5 years jail sentence for viol
tions. Section 404 creates several ni
criminal provisions including: First,
prohibition against the use of campa funds to finance violations of the Fe
era.) election laws; second, a prohibiti,
against political contributions by a:
person receiving a Federal grant, lnss
or subsidy in excess of $5,000; third,
prohibition against any person weki.
or encouraging another person to se
employment in a campaign for the p pose of interfering with or spying on
fourth, a prohibition against inaki
false statements about any candidate f
Federal office; and, fifth, the establis
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tion
any
n7
pur-
ment; of a separate- offense for the Coin-} "4582. Jurisdiction States of competent jurisdiction relating to
mission of a felony to interfere with or "(a) The Public Attorney shall investigate compliacne with any such subpena;
affect the outcome of a Federal election. and prosecute (1) allegations of corruption "(6) to conduct proceedings before grand
Finally, section 405 of title IV makes it in the administration of the laws by the ex- Juries;
a- crime to defraud- a Government de- ecutive branch of the Government; (2) cases "(7) to make application to any court of
referred by the Attorney General because of the United States of competent jurisdiction
partment or agency:, actual or potential conflate of interest; (3) In a manner consistent with part V of title
Mr. President,-1 hope- the Senate will ;.? criminal cases referred to.ham by the Federal 113 for a grant of Immunity to any witness;
seize the opportunity to act quickly on Election Commission; and (4) allegations of "(8) to frame, sign, and file criminal in-
fresh in our minds. For my part, as
chairman of the Government Operations
Committee, I pledge to move as soon as
we can to hold. hearings and act on this
measure.
Mr. President, I ask unanimous con-
sent that the full text of the Watergate
Reorganization and Reform Act of 1975
be printed in the RECORD immediately
following the conclusion of my remarks.
There being no objection, the bill was
ordered to be printed in the REcoRD, as
follows:
8. 495
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Watergate Reorga-
nization and Reform Act of 1975".
TITLE I-ESTABLISHMENT OF GOVERN-
MENT OFFICES
OFFICE OF PII$LIIC ATTORNEY
SEC. 101. (a) Title 28, United States Code,
is amended by adding after chapter 37 the
following new chapter:
"CrsAerma 38.---PVSLIC ATTORNEY
"Sec..
"581. Establishment of Office of Public Attor-
ney.
"582: Jurisdiction.
"583. Powers.
"684. Notification to Attorney General of in-
itiation of prosecution. -
"585. Administrative provisions.
"1 581. Establishment of Office of Public
Attorney.
"(a) (1) There is established as an inde-
pendent establishment of the Government
the Office of the Public Attorney.(hereinafter
referred to as the 'Office'). The Office shall be
under the direction and supervision of the
Public Attorney who shall be appointed in
accordance with the provisions of paragraph
(2).
"(2) The Chief Justice of the United States
Shall designate three retired courts of appeals
judges to select and appoint the Public Attor-
ney. The three retired courts of appeals
judges so designated shall appoint, by and
with the advice and consent of the Senate,
the Public Attorney. .
"(b) The Public Attorney shall serve for a
term of five years and may be reappointed
for one additional term. Any vacancy in the
Office shall be filled in the same manner as
the original appointment.
"(c) A retired judge designated by the
Chief Justice to select and appoint the Pub-
lic Attorney shall not, by reason of such serv-
ice, receive any payment from the United
States for such service. No retired judge who
so participates in the selection and appoint-
ment of the Public Attorney shall participate
in any trial or appellate proceedings in which
the Public Attorney or any employee of the
Office Is a party.
"(d) No Individual may serve as Public
Attorney unless such individual has agreed
in writing not to occupy or assume or dis-
charge the duties of any office under the
United States, vacancies in which are filled
by popular election, or to accept any other
employment in the Government, for a period
of five years after the date on which such
individual's services as Public Attorney are
terminated.
violations of Federal laws relating to cam-
paigns and elections for elective office..-
"(b) The Public Attorney shall notify the
Attorney General of the initiation or. termi-
nation of an investigation or proceeding
with respect to any matter within his Juris-
diction under subsection (a) of this section.
After the receipt of any such notification
and while any investigation or proceedings
to which any such notification. relates is
pending, the Attorney General shall, and
shall cause other divisions of the Depart-
ment of Justice to, refrain from conducting'
any investigation or prosecution with re-
spect to the subject matter of such noti-
fication or any related or overlapping mat-
ter, and to refrain from taking any related
action with respect thereto, except to the
extent that the Public Attorney has given
prior written approval thereof.
"(c) If at any time tlip Attorney General
believes or has reason to believe that any
investigation conducted under his supervi-
sion or is likely to involve any matter that
would constitute a conflict of interest or
that would otherwise fall within the juris-
diction of the Public Attorney under sub-
section (a) of this section, he shall promptly
notify, the Public Attorney thereof and of
the reasons for such belief. Upon .receipt. of
any such notification, the Public Attorney
may in his discretion-
"(1) assume sole responsibility for any
further conduct of such investigation;
"(2) participate with the Attorney Gen-
eral in any further conduct of such inves-
tigation; or
"(3) defer to the ongoing investigation
under the supervision of the Attorney Gen
eral in which case the Attorney General
shall keep the Public Attorney fully in-.
dictments and informations, and prosecute
criminal proceedings in the, name of the
United. States, which proceedings rhall,
except as otherwise provided for in this
chapter, comply with the requirements of
law governing the conduct of such proceed-
ings;
"(9) to conduct ' such civil proceedings
as.he may deem appropriate to enforce any
provision or obtain any remedy for viola-
tion of any law he Is charged with enforcing;
and
"(10) notwithstanding any other provi-
sion of law, to exercise all other powers as
to the conduct of criminal investigations,
prosecutions (Including prosecutions for
prejury committed in the course of any in-
vestigation or judicial or legislative hearing
with respect to any matter within his juris-
diction),. civil proceedings, and appeals,
within his jurisdiction, that would other-
wise be vested exclusively in the Attorney
General and the United States attorney
under the provisions of chapters 31 and 3F
of this title and any regulation promulgated
pursuant to either such chapter, and act a.
attorney for the Government In such In-
vestigations, prosecutions, proceedings, and
appeals.
"? 584. Notification to Attorney General of
Initiation of prosecution
"(a) The Public Attorney may sign. and
file any indictment returned by-a grand. jury
convened at his request or under his direc-
tion and may sign and file any criminal in-
formation, with respect to any matter within
his jurisdiction under section 532 of this
title, except that in each such instance the
Pulbic Attorney shall give the Attorney Gen-
eral five days' prior written notice thereof.
"
(b) If the Attorney General of the Unites
formed as to the further progress of .any
such investigation. _ States disapproves the filing of any indict-
583. Powers .went or information, or any subsequent ac-
won Public Attorney shall, with respect won or position taken by the Public Attor-
"The ney in the course of any judicial proceeding
to any matter within his jurisdiction under
section 582 of this title, have full power
and authority, consistent with the Consti-
tution of the United States-
"(1) to conduct such investigation thereof
as he deems appropriate;
"(2) to obtain and review such docu-
mentary, testimonial, or other evidence or
information as he deems material thereto
as may.be available from any source, and,
if in the. possession of an agency. of the
United States (as defined in section 6001(1)
of title 18), without regard to the provisions
of- section 552(b) (with the exception of,
paragraph (6) thereof) of title 5;
"(3) to issue appropriate instructions to
the Federal Bureau of Investigation and
other domestic investigative agencies of the
United States (which instructions shall be
treated by the heads of Such agencies as if
received from the Attorney General) for the
collection and delivery solely to the office
of the Public Attorney of information or
evidence relating to such Investigation, and
for the safeguarding of the integrity and
confidentiality of all files, records, docu-
ments, physical evidence, and other mate-
rials obtained or prepared by the Public
Attorney;
"(4) to receive appropriate national secu-
rity clearances; .
"(6) to issue subpenas to such persons
as he may deem necessary to obtain, and
review and initiate or defend appropriate
proceedings in any court of the United
pursuant thereto, the Attorney General shat:
be entitled to appear and present his view;
amicus curiae to any court before which an,
such proceeding is pending.
"1585, Administrative provisions
(a) The Public Attorney may appoint, j.13
the compensation, and assign the duties o
such personnel as may he necessary to carr?
out his duties and functions under thi:
chapter. The Public Attorney may obtain tai,
services of experts and consultants in ac
cordance with the provisions of section 3i 0
of title 5.
"(b) The Public Attorney may from tim
to time make such provisions as he con
siders appropriate authorizing the perform
ante by any other officer or employee of th
Office of any function of the Public At
torney.
"(c) The Public Attorney 1s authorized-
"(1) to adopt, amend, and repeal sue.
rules and regulations as may be necessary t
carry out his duties and functions unrle
this chapter; and
"(2) to utilize, with their consent, th
services, equipment, personnel, and facilitie
of any department or agency of the Unite
States on a reimbursable basis.
"(d) The Public Attorney may, In his dL
cretion, appoint special assistants to di,
charge his responsibilities with respect t
a particular matter or matters within h.
jurisdiction.
"(e) Upon request made by the Publ
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