Beruflich Dokumente
Kultur Dokumente
2d Session C
SUMMARY OF ACTIVITIES
OF THE
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CONTENTS
Page
Forward ---------------------------------------------------- III
Summary of special activities undertaken by the full Committee oil the
Judiciary------------------------------------------------------- 1
Summary of activities of the Subconlitittee oil Immingration, Citizenship,
and hIternational Law ------------------------------------------- 3
Public legislation ---------------------------------------------- 4
Othrr public legislation ----------------------------------------- 5
Special legislative jurisdiction ----------------------------------- 5
A. Suspension of deportation cases --------------------------- 5
13. "(13c)" cases ----------------------------------------- 5
C. Excludable alien cases ---------------------------------- 6
1), Review of administrative action cases- ------------------- 6
E. Private bills----------------------------------------- 6
General oversight hearitigs ------------------------------------ 7
A. Operation sweep ------------------------------------------ 7
B. Executive session briefing on Jewish refugee. from 8
C. Alien labor program in Guam ---------------------------- 8
1). Administration of the Immigration and Nationality Act..... 8
Summary of activities of the Subcomnlittee on Claims and Governmental
Relations --------------------------------------------------- 9
American Revoltition Bicentennial ------------------------------ 9
Claims ------------------------------------------------------- 9
Check forgery insurance fund --------------------------------- 10
Imnniuntty of foreign states ----------------------------------- 10
Summairv of activities of the Subcomninittee on Courts, Civil Liberties, and
the Administration of Justice ----------------------------------- 11
Correct ion---------------------------------------- ------- 11
Newsmen's privilege ------------------------------------------- 12
Courts ------------------------------------------------------- 12
Patents ------------------------------------------------------ 12
Trademarks ---------------------------------------------------- 13
Juvenile Justice Institute --------------------------------------- 13
Subpena power of Watergate Committee ------------------------- 13
Miscellaneous ------------------------------------------------- 13
Summary of activities of the Subcommittee on Civil Rights and Con-
stitutlonel Rights-- ------ ---------------------------------- 14
General legislation --------------------------------------------- 14
BankrUptcy . . . 14
..-------------------------------------------
"The Bankruptcy Act, of 1973"----------------------------- - 14
Narcotic addict treatment and rehabilitation ------------------ 15
Arrest record. and computerized criminal data systems ---------- 16
Prohibition on the use of symbols, of the Utnited States in the
collection of l)rivate debts ------------------------------- 16
Fair employment practices of American corporations doing
business in South Africa -------................------------ 17
llolidavs and conifilneoration s-----------------------------
-- "17
General oversight of the Department of Justice ------------------- 18
Civil rights oversight.-------------------------------------------- 19
General revenue sharing ------------------------------------ . 20
Equal employment opporttuilties in the Federal drug fighting
agencies ------------------------------------------------ 20
Budgetary cutbacks for fiscal year 1974 in the Commuinityty
Relat,ions Service ------------------------------------- 21
Cabinet Comnmidee on Opportilities for Spanish-Speaking
People --------------------------------------- ------ 21
Enforcemfient of title VI of the Civil Rights Aet of 1964 in pro-
grams receiving medicare an"- medicaid funds --------------- 21
Additional activitieF ------------------------------------------- 22
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VI
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Summary of activities of the Subcommittee on Monoiiles and Commrerial
Law . . .... ....................................................- 24
U.S. court,---------------------------------------------------- 24
Pocket veto --------------------------------------------------- 25
11.. Constitution --------------------------------------------- 25
Antitrust jurisdiction ----------.------------------------------- 25
Legislative ------------------------------------------------ 25
Investigative ---------------------------------------------- 27
Antitrust oversight -------------------------------------------- 30
Law Elnforcement. Assistance, Adh' inistratnn -.... ..--------------- 32
Summary of activities of the Sul)commit.tee on Crime ------------------ 34
Community Anticrime Assistance Act.--------------------------- 34
One 6-v-ar President ial term ------------------------------------ 34
Summary (;f aclti ilivs of tin' Suli)comuutiittee O(it Crinmiil Jl.tice ---------- 3-5
Proposed Federal rules of evidence -------------------------------- 35
Heform of the Federal Criminal Code(---------------------------- 36
Watergate Grand Jury ----------------------------------------- 36
lResolution of inquiry_ ----------------------------------------- 36
Special Prosecutor legislation ----------------------------------- 36
Summary of activitic.-Revision of the Laws ------------------------- 37
Sup j)lements to the United States- Code -------------------------- 37
New e(lition of the District of Columbia Cod --------------------- 37
Supplement I of the District of Columbia Code ------------------- 37
E'tnactment. of titles into law ------------------------------------ 38
SUMMARY OF SPECIAL ACTIVITIES UNDERTAKEN BY
THE FULL COMMITTEE ON THE JUDICIARY
In ad(lition to tile work of its seven subeonminittees, the full Comi-
mittee on the Jtdiofll ry had before it diiring 1973 several extraordinary
matters of great national moment, including the first imnplementation
of the 25th Ainendin,ntC- regarding vacancies in the Office of the Vice
President, the initiation of the first full scale inqtliry in over a century
into the possible impeachment of an incumbent President. of thle
United States, and the initiation of a long-term oversight review of
tei Department of Justice.
With the resignation, of Spiro Agnew on October 10, 1973 the
nation was without a Vice President for tile 17th time in its history.
For the first. time, however, the contingency of such a vacancy had
been addressed by the Constitution.
In 1965, the Congress passed, and in 1967 the States ratified,
tie 25th Amendinmit, in part calling upon the President to nominate
and the. full Congress to confirm a new Vice President, whenever a
vacancy occurred in that office.
In that regard, the Speaker of the House referred to the full Judiciary
Committee the matter of Presideit. Nixon's nomiination'(f Gerald
Ford to be the 40th Vice President.. Within 24 hours of that. n6mina-
tion, the Committee had( assembled an experlinc(cd and resourceful
investigative team to pursue an exhaustive inquiry into Mr. For(I's
qualifications and fitness for high office.
That inquiry was pursued 'both in Washington and in Grand
Rapids, .Michigan, the nominee's home town.
Every agency of the Federal government was contacted and the
request went. out for all files in their possession relating to the noniuiiee.
The, Judiciary Commit tee staff assenbl)led voluniin6us materials
regarding relevant financial and personal considerations, conduc6tedl
an indepe'(ICnt audit of the nominee's tax returns and interviewed
hundreds of individuals as part of their investigation.
Between November 15 and Novemlber-26, the full Comnimittee held.
six days and one evening of hearings into the nonlination, hearing
from a O dozen witnesses including Mr. Ford on four separate occasions.
Tlutsday, November 29, after receiving more than :36 hours
of testimony, the Committee voted to report the nomnifiition favorably
to the full House, which agreed to the nomination on December (6.
The Commfiittee also had before it( during 1973 16 Resoltioinhs
sponsored 1)y several dozen .•emihers calling for the iiiipeachmienit of
the President. For that. reason, the Conunit tee began d(iriiig the final
months of the session the preliminary phases of an inquitry ilmto pos-
sible iniipeachinent. charges against Richard Nixon.
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A. OPERATION SWEEP
The Subcommittee on Inifiigiiation, Citizenship, and Internalt'oilo
Law investigated the recent, operatioins of the hlnnfligr.tion, anl( Na-
turalization Service in i,pprehending aliens illegally in the United
States.
One day of hearings was held an(l the Committee heard testinmolny
on Operation "Sweep)" frotni honorable Jhines F. Greene, Acting Cont-
missioner, Inmigiration Mnid Naturalization Service, who was accoln-
panie(I by Mr. Charles Gordon, General Counsel; Mr. Donild Wil-
liams, Acting District Director of the Los Angeles Office of the lhnnii-
gration and Naturalization Service and Mr. Joseph Siireck, Regioiial
Counsel of the Los Angeles office; and Mr. Sol Marks, District. Direc-
tor of the New York Immigration and Naturdglization Service Office.
The hearingsprovided extensive infortnatioft as. to the l)roce(liires
utilized by the liinigration and Naturalization Service in ,identifying
and al)prthCentlifng illegal aliens.
8
The Subcomunlit tee held hearings on Atigust, 9, 1973 oln various alien
labor prol)lems existing in Guam anId the request for tile aut horization
of a Sl)ecial labor program for that, territory. 'The Subcommittee
listenQed to testimiyv from various eml)lovers associations; lal)or or-
ganizaltions; industrinld assoctiations; and the Hlonorable Kurt S. Moy-
hlan, Governor of Gawn.
In hJvly 1970 and April 1971, the Subcomvnittee held pul)lic hearings
on legislation that would establish an iuldeptndent institute of con-.
tinuing studies of juvenile justice. The 1971 measure (H.R. 45) was
favorably reportedI with amendments by the fill Committee on
NovemnVbr 4. It passed the House on April 18, 1972, an(l was pending
in the Senate at the end of the 92d Congress. The menasire has been
reintroduced in the 93d Congress and is before the Subcommittee
for furthNr consideration.
SUBPENA POWER OF WATERGATE COMMITTEE
MISCELLANEOUS
The confirmation of Gerald R. Ford to 1)e Vice President and the
designation of the Cominittee on the Judiciary to study the question
of impeachment of President Nixon took their toll of the time of the
Subcommittee. For example, hearings scheduled to hear the Chairman
of the expired Senate Select Committee on Crime and hearings to
explore pretrial diversion measures had to be cancelled. They are
expected to be rescheduled in the new year.
SUMMARY OF ACTIVITIES OF THE SUBCOMMITTEE ON
CIVIL RIGHTS AND CONSTITUTIONAL RIGHTS
Summary of bills referred to the Subcommitlee on Civil Rights and Constitutional
Rights
Bills referred to subcommittee --------------------------------------- 602
Bills on which hearings were held ------------------------------------ 22
Bills reported favorably to full committee -------------------------- 6
Bills reported adversely to full committee ----------------------------- 0
Bills pending in aubcomiinittee --------------------------------------- 575
Bills reported to House ---. . ..------------------------------------
4
Bills passed House ------------------------------------------------- 27
Bills pending in House --------------------------------------------- 0
Bills pending in Senate --------------------------------------------- 11
Bills which became law --------------------------------------------- 16
In addition to its general legislative and oversight. jurisdiction with
regard to civil rights, constitutional rights and constitaitionihl amend-
ments, the Subcommittee also has special jurisdiction over Bankruptcy
and Reorganization; Federal incorporation of private organizations,
and holidays and commemorations.
A summary of the principal Subcommittee activities, dealing first
with legislation, is as follows:
GENERAL LEGISLATION
BANKRUPTCY
On March 22, April II and 12, and October 10, 1973, the Subcom-
mittee conducted hearings into l)r6)os(ed cutbacks in the FY 1974
budget of the Conmunuity Relations Service (CRS), U.S. Department
of Justice.
The Community Relations Service was created by Title X of the
Civil Rights Act of 1964:
to provide assistance to communities andl persons therein in re-
solving disputes, disagreements, or difficulties whenever, in its
judgment, peaceful relations among the citizens of the comuiniunity
involved are threatened thereby.
In FY 1973, $6.8 million in funds were appropriatIed to CRS. How-
ever, the President. requested only $2.8 niil ion for CRS in FY 1974.
The Subconunittee's hearings focused on the effects which the pro-
posed cuts would have on CRS' ability to properly conciliate and
prevent racial crises. A report based on the Subcofnimttee's four (days
of hearings is fortliconing.
CABINET COMMITTEE ON OPPORTUNITIES F(R SPANISt SPEAKING PEOPLE
U.S. CouRws
The subcomlilittee received testimony on three bills reconilniended
by the Judicial Conference of tim United States to alleviate admin-
istrative burdens on the Chief Justice. The one-day hearings held on
September 14, 1973 encompassed the following: (1) H.R. 7723, to
provide for a within-grade salary increase plan for secretaries to
Circuit and District judges of the courts of the United States, and for
other purposes; (2) II.R. 8150, to provide for the appoifitfiment of
transcribers of official court reporters' transcripts in the United States
district coufrts, and for other purposes; and, (3) H.R. 8151, to provide
for the appointment of legal assistants in the courts of appeals of the
United States.
In addition, the subcommittee received the bills to provide for the
app intmfent of additional Uniited States District and Circuit Court
judges; and, a number of similar bills to provide for additional judges
and additional jutdicial districts within the States severally.
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POCKET VETO
LEGISLATIVE
sought to clarify and to narrow the immunity from the antitrust laws
origimnlly l)rovidled for muenibrs of the oil industry coniplying with
the Act; to definle the brldens of p)roof and elements of the gootl faith
defense to antitrust proseCtition provided; to enact competitive safe-
guards; and, to i.rovide for Antitrust D)ivision and Federal Trade
Conifilission p)articipation durithg tihe formulation as well as the execU-
tion by the oil indisttr" of l)lafis of action or voluntary agreements
permittedt by the Act. ()n l)Dcember 12, 1973, by a House vote of
286-112, the subconiilit tee's ant hiru.t wnlen(ldmlts• were adopted for
incorporation into thie Ener'gy l1mnergentc Act,
Previously, dlitlfng Septemilfer afnd OctIber, 1973 analysis and subse-
quent, sol)lptprt for the antitrust provisions of tCle '['rans-Alaskan Pipe-
lhne Bill (S. 1081 and H.R. 9130) culminated in Chairman Rodino's
conwmfinicalion of October 10, 1973 to the Conferoifee Clitialrn urging
retent.i6n of these antitrust measures. Specifieally, Chairman Rodmtio
gave his approval to those provisions ltat would authorize federal
district, courts t.o issue nantlatorv injiinetions in Federal Trade Com-
mission civil penalty cases; permit Ihe Federal Trade Commission to
appea. in court on its own behalf if the justicee Departillent failed to
act; clarified FTC authority to investigate companies engaged in
banking or common carrier intltistrles; provide authority for the FTC
to seek preliihilaIry injtilnetions against violations of the FTC Act;
and, transfer the review of the collection of infornijation required by
indepenlidet regtdatory agencies, including the FTC, from the Office
of Management and ludgeit to the General Accounting Office. The
antitrulst0 amnendhients that Chairmnn Roolino urged be retained were
included in the Conference Report (Rept. 93-624) that was signed
into law by the President on November 16, 1973 (Public Law 93-153).
Conversely, earlier in the year, an antitrust, analysis of proposed
anmendifents to Alnendnlints to the Agricultiural Act of 1970 (S. 1888)
concluded that proposals to expand dlairy milk cooperative power over
independent milk. producers and the retail price of milk were incon-
sistent with the antitrust laws. SubseqtU1ntly, in a letter of Jihe 12,
1973, to the Chairman-of the House Agriculture Committee, Chairman
Rodino formally opposed these provisions in order to preserve the
freedom of dairy farmers so desiring to market their milk inde-
pendenttly; check a dangerous trend toward non6Ap61iNtion of the
nation's supply of milk; and, to increase consumer benefits of milk
industry price competition. The provisions opposed by Chairman
Rodino were not included in the Agricultutral Act Amendments that
became law on August 10, 1973 (Public Law 93-86).
Important antitrust legislation referred to the subcomfiittee duirinig
the first session of the 93rd Congress included: H.R. 1016, To establish
a commission to review United Slates antitrust law; H.R. 1017, To
permit co11ective negotiation by professional retail pharmacists with
thid-party prepaid prescription program administrators and sponsors;
H.R.
corporations am hfd'thlid*Clayton Act to preserve competition among
2027, Toengaged
in the production of oil, coal, and uranium; H.R.
2384, To amend the Clayton Act by adding a new section toprbhibit
sales below cost for the purpose of destroying comIpetition or elinlinat-
ing a competitor; I-.R 45031, To amend the Clayton Act to provide for
additioMlalregtUlatiOn of certain antiei"petitive developmefits in the
27
On October 24, 1973, 1l.R. 10937, to extend the life of the ,hone 5,
1972, grand jury of the United States )istrict Court for the l)istriet
of Columblin, w'as referred to the Subcoinniif tee. Hearings were hel(
on this legislation on( October 29, 1973, and following consideration
by the SubcomMittee, 1.R. 10937 was favorably reconlI6iiiled,
amien led, to the full Coniiiitte,. This bill was ordered favorably
reported to tlhe 1-ouse by the full Coliniiittee and passed the 1-louse,
as amended, by a vote of 378 to 1, on November 6, 1973. Tile bill was
approved by the President on NovemlbeOr 30, 1973, and became Public
Law 93-172. As entiated, this legislation exlends for six months lhe
life of the gralid jury inquiring into the Watergate break in and
related miitters aud tilihorizes the United States District, Court. for
the District of Columibia to extend the grand jlry for an additional
six months if it, determines that the grand jury has not, completed its
work by the end of the first extension.
RESOLUTION OF INQUIRY