CONGRESSIONAL RECORD - SENATE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R001100190005-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 19, 2016
• Document Release Date: April 14, 2005
• Sequence Number: 5
• Publication Date: March 17, 1975
• Content Type: OPEN

Approved For Release 2005/12/14: CIA-RDP77M00144RO01100190005-8
March 17, 1975 CONGRESSIONAL RECORD-SENATE S 4091
possible. The inclusion of any of those pro-
visions in this Subsection should not imply
that these provisions are in conflict with the
Constitution of the United States.
Section 502. The interim formula stated
in this Section is not intended to be the
exclusive method by which laws of the
United States are or can be made applicable
to the Northern Mariana Islands. The Con-
gress of the United States will have power
subject to Section 105 to alter the manner
and extent to which laws covered by the
formula apply to the Northern Mariana Is-
lands, to make laws not covered by the
formula applicable or to make laws covered
by the formula inapplicable. The formula
does not make the Northern Mariana Islands
into a territory. or possession of the United
States prior to termination. In many in-
stances, however, the Northern Mariana is-
lands will be treated as if it were, a terri-
tory or possession of the United States prior
to termination, for many- laws applicable to
Guam because it is a territory or possession
will become applicable to the Northern Mari-
ana Islands.
The phrase "applicable to Guam" or "ap-
plicable to the Trust Territory of the Pa-
cific Islands" in this Section is to mean
"applicable within" as well as "with respect
to" the geographic areas mentioned or the
people who reside In or who are citizens
of those geographic areas.
The term "the federal banking laws" in
Subsection (a) has particular reference to
Sections 13, 25 and 25(a) of the Federal
Reserve Act, as amended (12 U.S.C. 466, and
601-632, respectively) and Section 5191 of
the Revised Statutes (12 U.S.C. 143). The
reference to the Micronesian Claims Act in
Subsection (a) is not intended to preclude
the Northern Mariana Islands from seeking
such amendments to the Act, or increased
appropriations for its implementation, as ap-
pear appropriate or desirable.
Subsection 503(a). It 1s understood that
the laws of the Trust Territory of the Pa-
cific Islands, as modified by the Government
of the Northern Mariana Islands pursuant
to its authority, which relate to the subjects
addressed in this Subsection, will continue
to be effective after termination of the
Trusteeship Agreement, except to the extent
that they are modified by federal law after
termination or by the Government of the
-Northern Mariana Islands.
Section 504. The provision that the United
States will bear the cost for the work of the
Commission does not mean that the United
States will pay the salary of the four Com-
missioners who are domiciled in the North-
ern Mariana Islands.
Section 506. To the extent that the United
States law does not apply, the Northern
Mariana Islands has the power over immi-
gration into its territory. An immediate
relative of a United States citizen residing
in the Northern Mariana Islands may gain
admission to the Northern Mariana Islands
in accordance with local law without claim-
ing at that time entitlement to immediate
relative status under the United States Im-
migration and Nationality Act.
Section 601. The revenue provisions of the
Covenant are not designed to render the
Federal Unemployment Tax and the benefits
derived therefrom applicable to the North-
ern Mariana Islands.
Subsection 603 (b), The parties believe that
the treatment provided for in this Subsec-
tion is consistent with the obligations of
the United States under the General Agree-
ment on Tariffs and Trade. However, this
Subsection Is not intended to conflict with
United States international obligations and
does not require that the United States take
any action which would be inconsistent with
such obligations. Should such a conflict arise,
the United States will seek appropriate waiv-
ers or modifications of its International ob-
ligations.
Subsection 603 (d). The term "a developing
territory" as used in this Subsection is In-
tended to refer to the June 25, 1971 Gen-
eral Agreement on Tariffs and Trade waiver
regarding preferential tariff treatment of
goods from developing countries and terri-
tories and to other similar benefits which
may be available to the Northern Mariana
Islands.
Section 702. It was not considered neces-
sary to include this Section among the pro-
visions listed in Section 105 which may be
modified only by mutual consent. The reason
for this o}nission is that, while Section 702
constitutes a commitment on the part of the
United States Government, It is of a transi-
tional nature extending for seven years fol-
lowing the establishment of the new Govern-
ment. In addition, a failure to appropriate
funds as required by that Section would con-
stitute a dispute under Article IX which
could be submitted to the courts pursuant to
the provisions of that Article.
Subsection 704(c). The reference in this
posite price index is intend Pff6r to the
United States Gross Nation?l Product Im-
Section 803. It is understoo that the Gov-
ernment of the Northern riana Islands
may exercise its obligations a 1 rights under
this Article through a legal en ty established
to receive and hold public As in trust for
the people of the Northern Tana Islands.
Section 805. The parties int d that it will
be the responsibility of the vernment of
the Northern Mariana Islands o implement
the provisions of this Section. particular,
the parties understand that a Constitu-
tion or laws of the Northern M Tana Islands
will define the operative term n this Sec-
tion, including such terms a "long-term
interest in real property", "acq sition" and
"persons of Northern Mariana slands de-
Subsection 806 (a). The use of iy property
or interest acquired by the U ted States
pursuant to this Subsection will of be lim-
ited to the public purposes for vF&ich it was
Section 901. This Section Is n intended
to preclude the Government oft Northern
Mariana Islands from requestin the Con-
gress of the United States to eonf ' nonvot-
ing delegate status on the Resid t Repre-
sentative provided for in this Sec on.
Subsection 904 (c). The parties 1ote that
this Subsection is not intended preclude
the Government of the Norther Mariana
Islands from discussing matters mutual
concern with other Pacific island `ommuni-
ties.
Section 1001. In accordance wit)i the re-
quest of the Marianas District L gislature,
the United States intends to admijister the
Mariana Islands District separately from the
remainder of the Trust Territory following
approval of the Covenant by the people of
the Northern Mariana Islands. In establish-
ing other qualifications for voting in the
plebiscite the United States will consult with
representatives of the Marianas District Leg-
islature and other local leaders.
Section 1002. The parties note that the
United States has stated that it is now plan-
ning on a provisional basis to terminate the
Trusteeeship for all the districts by 198-1.
Mr. JOHNSTON. Mr. President, this
measure does not imply in any manner
approval of that covenant, but simply
offers a facile way, an orderly way, to
get the transition funded should Con-
gress approve it after the people of the
Marianas approve it. That is all that is
involved in this amendment, and I urge
the Senate to approve it.
UNANIMOUS-CONSENT AGREE-
MENT-ORDER OF VOTES
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the votes
occur in the following manner and in the
following: The vote on S. 1172 is already
scheduled to be the first vote, and to be
followed by the vote on House concurrent
resolution 133 as amended.
I ask unanimous consent that the votes
then occur as follows: The vote on the
committee amendment to S. 326, and
that the disposition of that measure then
immediately follow: to be followed by
the vote on the Proxmire amendment to
H.R. 3260.
The PRESIDING OFFICER. Without
objection, lrelered.
TEN-YEAR TERM FOR THE AP-
POINTMENT OF THE DIRECTOR
OF THE FEDERAL BUREAU OF
INVESTIGATION
The PRESIDING OFFICER (Mr.
GARN). The Chair lays before the Sen-
ate S. 1172. The bill will be stated by
title.
The Assistant legislative clerk read as
follows:
Calendar No. 35. S. 1172, a bill to amend
title VI of the Omnibus Crime Control and
Safe Streets Act of 1968 to provide for a 10-
year term for the appointment of the Direc-
tor of the Federal Bureau of Investigation.
The Senate proceeded to consider the
bill.
A 10-YEAR TERM FOR THE FBI DIRECTOR
Mr. ROBERT C. BYRD. Mr. President,
the bill now before the Senate would
limit the tenure of the Director of the
Federal Bureau of Investigation to a
single 10-year term. I originally intro-
duced the legislation in the 93d Con-
gress, and, after hearings by the Senate
Judiciary Committee, it was approved by
the Senate on Octobe..*" 7, 1974, by a vote
of 70 to 0.
Unfortunately, the House of Repre-
sentatives did not have time to act on
the measure before Congress adjourned.
This bill would aid in insulating the
FBI Director against politically moti-
vated manipulation from the executive
branch by giving the office a tenure of
10 years; and, at the same time, it would
minimize the dangers of autocratic con-
trol of the Bureau by a Director who had
built up a concentration of power over
a long period of time by placing a limi-
tation on the amount of years that one
man could serve as Director of the FBI.
Until 1968, the Director of the Fed-
eral Bureau of Investigation was an ap-
pointee of the Attorney General. In 1968,
the Congress passed Public Law 90-351,
title VI, section 1101 of the Omnibus
Crime Control and Safe Streets Act of
1968, which amended title 28, United
'States Code, section 532, making the Di-.
rector ofthe Federal Bureau of Investi-
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CONGRESSIONAL RECORD-SENATE March 17. 19 75
do a Presidential appointment sub-
#c~rt t-_+ advice and consent of the Senate.
h ;re was no provision in the 1968
_.ttu e as to the duration of the appoint-
anent of the FBI Director. It became ap-
rtrer r, during the confirmation hearings
.. L. Patrick Gray to be FBI Director
at f high executive branch officials
tild attempt to misuse the FBI by
mean of unjustified requests to an Act-
ii L rector who wished to be nominated
permanent Director, then the same
tartic; could be applied to an incumbent
i`!:3[ - )irector who had no protection of
fix(d term for his position. Under the
rwnvis ons of my bill, there is no limi-
+.a .iol - on the constitutional power of the
'resi,ient to remove the FBI Director
_: t-om office within the 10-year term. The
i)irec-or would be subject to dismissal
tv th President, as are all purely execu-
i:ive (ifiiers.
(1o, sever, the setting of a 10-year term
of ce by the Congress would, as a
): ,ct cal matter. preclude-or at least,
inrsib c-a President from arbitrarily
ismi..sing an FBI Director for political
reaso; is. since a successor would have to
co:itirmed by the Senate.
h , bill will aid in minimizing the
iiiciigc i^ of political manipulation of the
Buret u and, at the same time, lessen the
'onrg-range danger of an individual's be-
iomir: g a law unto himself by retention
i,t the directorship over a long period of
time. The lessons of recent years have
been rany, one of which was that safe-
ue.,rds within the system of checks and
)aian es must be protected. Where there
.ore no safeguards, they must be erected.
lr President. the merits of this bill
I believe, obvious as is the need for
I -gislation. I hope the Senate will
again pass the bill, and that the House,
- fill act affirmatively during this
(,'ongl ess.
Mr HRUSKA. I thank the Senator for
Ile ci,urtesy and the patience of engag-
`mt it this colloquy. I feel the recital of
'easolis on the part of this Senator might
serve some purpose. either in consider-
:iaion of this bill in the other body, or
)erhaps in conference if the bills are
ilissin.ilar enough to require a confer-
Mr President, I favor this instant bill
'ul its provision for a fixed term of office
or ti a Director of the Federal Bureau
in estigation.
t:st,i.blishing a fixed period of time for
.ill st rvice of the Director will lend sta-
,iity to that office and assure a degree
is co .tinuity to that superb organiza-
ii)u. This legislation may also lessen
ie e :-ncern of some who fear that ap-
oi:-ltf-fens of individuals for an unspec-
=d I 'me may be done for political pur-
ses The 10-year duration of office will
j'-)vic:e the Director the opportunity to
-o ise and implement policies of a long-
>, eves nature. It will lessen any poten-
h%t fi , r buildup of any political pressure
lve. < as Incentives for same.
tfo' .?ever, the record should be made
:gar that the stability which we are at-
nipr tug with this legislation will not in-
,o-ter- with the Presidential power of
i ioi. al. This bill does not attempt to
._rrtai this constitutional power of the
Chief Executive. Should the PresiC,-nt
seek to remove a Director of the FBI.. an
executive officer, prior to the expire' ion
of the 10-year term, 'ie would be free
to do so.
This Presidential constitutional re-
moval power has been long recogn.-ed.
In Myers v. United States, 272 U.S 52
( 1926), the Court addressing this q-:,es-
tion wrote:
If there is any point it which the seg ra-
tion of legislative and executive po ers
ought to be maintained with great cau, on,
ii Is that which relates to officers .,.nd
offices . The vesting of executive powr ? in
the President was essentially a grant of the
power to execute the laws . . As he is cha.. ed
snecifica.lly to take care that they be falth-
f,illy executed, the reasonable implica' on.
even in the absence of express words, vas
that as part of this executive power he
should select those who were to act for l.im
:ender his direction in the execution of he
laws. The further implication must be in
the absence of any expa'ess limitation re-
specting removals, that as his selection of
administrative officers is essential to the ex-
ecution of the laws by hum. so must be his
power of removing those for whom he not continue to be responsible. .
This principle, enunciated in he
Myers case, has been reaffirmed more_e-
cently in Humphrey v. United Stces.
295 U.S. 602 (1934) and Wiener v. Un,'ed
States, 357 U.S. 349 (1957) .
Over all, the passage of the subject ill
will result an improvement the pre: dent
,Indeterminate tenure. The bill sh(, ild
he approved.
The PRESIDING OFFICER. The b__'1 is
open to amendment. If there be no
amendment to be proposed, the ques? .on
is on the engrossment and third rea(' ng
of the bill.
The bill was ordered to be engroe >ed
for a third reading and was read he
third time.
The PRESIDING OFFICER. The )ill
tmving been read the third time, the
question is, Shall the bill pass? The , :as
and nays have been ordered, and he
clerk will call the roll.
The assistant legislative clerk ca: ed
e roll.
Mr. ROBERT C. BYRD. I announce
that the Senator from Idaho (bir.
CHURCH). the Senator from Missouri i Mr.
FAGLETON), the Senator from Mlssiss-Ypi
(Mr. EASTLAND) . the Senator from Mic li-
gan (Mr. HART). the Senator from Stith
Carolina (Mr. HOLLINGS). the Seni';or
from Louisiana (Mr. LONG), the Sem,tor
from Montana (Mr. MANSFIELD), and he
Senator from Minnesota 4 Mr. MONDP - E)
are necessarily absent.
I further announce that the Sem.:or
from Indiana (Mr. BAYH) and the & n-
ator from Indiana (Mr. HARTKE) are b-
sent on official business.
I also announce that the Senator f: )m
South Dakota (Mr. AROUREZK' is ab: nt
because of illness.
I further announce that. if present Lid
voting. the Senator from Indiana (I:r.
HARTKE) and the Senator from Indi.:.- na
'Mr. BAYH) would each vote "yea."
Mr. GRIFFIN. I announce that 7he
Senator from New York (Mr. BucxL~ Y}
and the Senator from Alaska (I2r.
STEVENS) are necessarily absent.
I further announce that the Senf or
from Ohio (Mr. TA^T) is absent due tc
illness.
I further announce that, if present and
voting, the Senator from Ohio Mr
TAFT) would vote "yea."
The result was announced-;; ea,- 35
nays 0, as follows:
(Rnllrall Vote No. 64 Leg
YEAR-85
Allen
Gravel
Muskie
Baker
Griffin
Nelson
Bartlett
Hansen
Nunn
Beall
Hart, Gary W.
:Packwood
Bellmon.
Haskell
Pastore
Bentsen
Hatfield.
Pearsoi,
Biden
Hathaway
Pell
Brock
Helms
Percy
Brooke
Hruska
.Proxin i, e
Bumpers
Huddleston
Randoi ,h
Burdick
Humphrey
Ribicorf
Byrd,
Inouye
Roth
Harry F., Jr.
Jackson
Schweiker
Byrd, Rebert C. Javits
Scott, Hugh
Cannon
Johnstc n
Scott,
Case
Kennedy
William
Chiles
Laxalt
Sparkman
Clark
Leahy
Stafford
Cranston
Magnuson
Stennis
Culver
Mathias
-Stevenson
Curtis
McClell in
Stone
Dole
McClure
Symington
Domeniri
McGee
Talmadge
Fannin
McGovern
rhurmond
Fong
McIntyre
rower
Ford
Metcalf
runne:i
Garn
Montoya.
Weicker
Glenn
Morgan
Williams
Goldwater
Moss
Young
NAYS--O
NOT VO'rING-14
Abourezk
Eastland
Mansfield
Bayh
Hart, Philip A.
Mondaie
Buckley
Hartke
Stevens
Church
Hollings-
Taft
Eagleton.
Long
So the bill (S. 1172) was passed. as
follows:
S.1172
To amend title VI o:' the Omnibu. Crime
Control and Safe Streets Act of 1968 to
provide for a ten-year term for the ap-
pointment of the Director of the Federal
Bureau of Investigstion
Be it enacted by tho Senate and f-fou =e o;
Representatives of t'ce Uni;`ed State_i of
America in Congress assembled, That section
1101 of the Omnibus Crime Control and Safe
Streets Actof 1968 is amended by inserting
"(a)" after the secticn designation and by
adding at the end thereof the following new
section :
"(b) Effective with respect to any individ-
ual appointment by ,he President. by and
with the advice and consent of the Senate,
after June 1, 1973, the term or service of the
Director of the Federal Bureau of Inves-Aga-
tion shall be ten years. A Director may not
serve more than one ton-year term. The pro-
visions of subsection, (a) through (ci of
section 8335 of title l;, United States Code.
shall apply to any individual appointed un-
der this section.".
Mr. ROBERT C. L,YRD. Mr. President.
I move to reconsider the vate by which
the bill was passed.
Mr. RANDOLPH. Mr. President, I move
to lay that motion an the table.
The motion to lay on t:ze table was
agreed to.
Mr. STEVENS subsequently said Mr.
President, I missed the vote on S. 1172.
I ask unanimous co::lsent that the REc-
oRD show that I would have voted for that
bill. I was delayed In the office of the
physician.
The PRESIDING OFFICER. Wit lout
objection, It is so ordered.
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