S. 1340, THE 'DEPARTMENT OF JUSTICE LITIGATION IMPROVEMENT ACT'

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83T00573R000200190001-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: December 12, 2016
• Document Release Date: June 25, 2001
• Sequence Number: 1
• Publication Date: October 9, 1980
• Content Type: MF

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9 October 1980
OLC: 80-2025
MEMORANDUM FOR: Don I. Wortman
Deputy Director for Admi nii ~.trati on
Bill appears to be "to increase the cofficil.,nt andeffectave opera on
of Federal 11 ti gertion resources."
3. While this Bill is of primary int.resit tQ D0a, there are
provisions which we shoul ci examine from i ,:IA/Intel l.i gence Community
(viz,, intelligence equities) perspective" :
I I I J LA I I I I S ) ._ l I . ~ --- J "'-- ' _ _ -
of how abuses are being addressed." In a !,cord the central focus of the
more efficient the (Iitigation ] role of th, Department of Justice, l,)hil-
an "i ntroductory stateu en t1' which sheds some 11 ght or, the motives hc'hi n
[DP #Y2 1
OGC Has Reviewed
Deputy Director of Persona I Policy, Planning, &
Management '
Special Assistant to the general Counsel for
Intelligence Community Affairs
Associate Genera ounsel
Assistant Legislative Counsel
SUBJECT: S. 1340, the "Department: cat JustiL:e_L1tigation
Improvement Act"
1. Subject Bill was recently introduced by Senator Max S.
Baucus (D. , MT) and has been referred to tLe Judiciary Committee.
No companion piece has been introduced inpthe House.-
2 Senator Baucus accompanied the in!,roduction of the Bill v'itr
--copy of CIA - DOJ written "l i tri lati on11 agreement to
be made available to House and ienate Audi ci ary
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Committees via Attorney General; Query: does such an
agreement exist?; does each entity within the
Intelligence Community have a separate :agreement?;
--Attorney General to report, at the beginning of each
(new) Congress, with regard to a number of items having
to do with such litigation agreements (subsection (d),
page 3);
--the Section 5 (page,7) Attorney General- "status of
cases" reports which must inclw e, amonig other things,
the agency program involved and "a brief description
of the nature of the case." Ndte also Paragraph 15(c)(1.)
which, but for the Paragraph (2) "national security
exemption, would make available the file of any "dead"
D0J case for Judiciary Committee review-
4. In addition to the aforementioned "litigation" provisions,
the Bill contains in Section 3 (page 4) an amendment to 18 U.S.C. !07
which would prohibit, for a period of 5 years, Federal employees
from accepting outside employment that involves personal participation
on a grant or contract with which the employee was substantially
involved while a Federal officer. This would expand to the employment
area the scope of 183 U.S.C. Section 207 which currently is limited to
acting as agent or attorney for or otherwise representing anyone vis-a-
vis the government on matters "in which ['he former officer or empioyef
participated personally and substantially..."
5. The Bill is obviously not going anywhere in the remainder of
the 95th Congress. Howwvever, it will in all likelihood reappear in the
97th. In anticipation of its reintroduction, I would ask that, should
you deem it necessary, written comments be filed tirith this office ro
later than 12 November 1980.
Assistant Le
ati va Counsel I I
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S)G~rtt CON( a II1 KS
21) S-;N,+ION
5.3140
To a.umcnd title 2 of the united ,fates ('Oth with respect to the litigetien
authority of the Attorney (aenvrrd, to ;uoei~d title IS of tlle tlnited StatiCS,
Code, to require the Attorney (leucral to rel;;)rt oil Federal case managtnent,
to require he Attorney (,enernl to provide status report: on certain cas4
referred to the I)opartnrent of Jtrstn e, anti for other pitrpo.:cs.
IN rli1Il, SENATE OF THE t1NITE'I) :STATES
;;t,;r rt,mur:, 23 (legislative (18Y, Iutse 12), 198O
Mr. Bnucus introduced the following Neill; which was read twice and referred to
the Coutirtittet on the dludiciary.
A BILL
To amend title 28 of the United Sta`M.~ (;ode with respect, to they
litigation authority of the Att,orti V (a eue 'a14 to atitend title
1S of the United States (_'otlto, to require the AttorDC11.
General to report on Federal (. :e mauiagenlent, to requite
the Attorney Ueneral to provide status reports on eerta,itt
cases referred to the 1)epatrtment of J ustic +, and for other
purposes.
7 Be it enacted by the rSenatc and llousc of llepresenta-
2 lives of the United Stales (~/~ fl7rte i '~x in Con/Tess asserr?b~ed,
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2 SECTION 1. hlris Act, in:t_~- be cited as the "Uepartment
of Justice Litiga.lion ln.prow anent Act".-
4: LITIGATION ATJTITORITY OF THE ATTORNEY GENES.1.i,
5 SEC. 2. (a) Section 51(3 of title 28, United States ("ode,
G is amended by inserting "(a)'' immedidtlly before ".Except as
7 otherwise authorized".
8 (b) Section 5 1(i of such title is amended by adding et the
9 end thereof the following new subsection :
10 ''(b) The Attorney General shall submit to the Conlinit
11 tees on the J udiciary of the :Senate acid .the house of Reprc-
12 sentatives a copy of each writ ten agreement between the I )e-
13 part:rnent of Justice and another agclicy affecting the 1162 ,1-
14 Lion authority of the Depart; ?gent for.t.i 'ticular categories of
15 eases. leach agreement shall-ire, submit.tetl no later than thirty
1G days before the agreement is ffective.
17 "(e) Unless specific statutory authority for litigation rc
18 spoiisihiiity is otherwise provided, the Milorney General shall
19 be the exclusive arbiter for the resolution of any legal dispilte
20 between two or more executive agencieF or depart.nmmenls, in-
21 eluding a dispute as to which agency or department ,hall
`>? litigate an actio-i, adnutustu r a pa.rticul .r program, or regu-W
23 late n, particular activity.
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1. "(d) The Attorney General sh X11 report, at the beginning
2 of each Congre?s, to the Colnnlittecti on the