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August 29, 2001
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October 7, 1974
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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; Approved For Release 2001/09/07 : kA-RDP76M0052 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 Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 ?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. Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 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 Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 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- Approve c~ or Fr2elease 2001/09/07 : CIA-RDP76M00527R000700120001-0 . Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 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 Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 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 Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 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 Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 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 Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 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- Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 ?Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 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 Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0 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 Approved For Release 2001/09/07 : CIA-RDP76M00527R000700120001-0