S. 495. A BILL TO ESTABLISH CERTAIN FEDERAL AGENCIES, EFECT CERTAIN REORGANIZATIONS

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CIA-RDP77M00144R000800120048-1
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3
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December 20, 2016
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August 21, 2001
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48
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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'. Approved For Release 2006/10/20: CIA-R?P77M00144R000800120048-1 Approved r Ref00670120 CiA "'.Q - ((3Q48=1 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 . Approved For Release 2006/10/20: CIA-RDP77MOO144R000800120048-1 Janiiarij 3`0,. "T 975 CONGRESSIONAT. RECORD = SENATE S 1213 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 Approved For Release 2006/10/20: CIA-RDP77M00144R000800120048-1