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93d Congress } C EE PRINT

2d Session C

SUMMARY OF ACTIVITIES
OF THE

COMMITTEE ON THE JUDICIARY


HOUSE OF REPRESENTATIVES
NINETY-THIRD CONGRESS
FIRST SESSION

U.S. GOVERNMENT PRINTING OFFICE


27-420 WASHINGTON : 1974

BEST COpy AVAILABLE


/-/5?•, -//
COMMITTEE ON TIIE JUDICIARY
PETER W.ROM|NO, Jat.. New Jersey, Chairmai
HIMIA
I~ ) D-, DONOII VP,, Sltussachmsetts EI)WA I H UTCIIINSON, Michigan
JACK B11ROOKS, Texas ROIF IT MeCCLORY, Illinois
ROBERT W. KASTE'NMEIER, Wisconsinu HIENIRY P. S-MITHI III, New York
DO:,, EI)WAP.I14. California CHARLES W. SAND).MIAN, JR., New Jersey
WIL'IAM I,. i';N()(ATE, Mis,s.uri TOM HAl LSBACK, Illinois
JOl1N CONYEtq, Jit., Michigan CIIA ILES E. WIGI 0 INS, California
JOSHUA El BI0E R'j. l'ennsylvanif. I)AVID) W. DENNIS. Indiana
JE ROME HI. WALD. E, California IIAMILTON FISII,Jn., New York
WALTER FLOWERS, kinlauan WILEY MAYNE, Iowa
JAMES II. MANN, South Carolina LAWRENCE J. lIO(AN, Maryland
PA U'b S. SAIIBANES, Maryiand M. CALD)WELL B UTI, H,,Virginia
JOHN F. SEIIAERING, Ohio WILLIAM S. COIhEN, Maine
(.t:ORoE F. DANIVLSON, ('alifornia TRENTi IOTTl, .Mississippi
O F. IIINAN, 1a•'whimneits
lBERT HAAROLD) V. FROEILICIT, Wisconsin
CIIARLES B. {AN(IEL, New York CA R1LOS J. MOO0II EA!), tCalifornia
BARBARA JORI)AN, Texas IOS)EI'lH J. MAHAZITI. New Jerse!
ilAY THORNTON, Arkanmas i)ELIIERIT L. LA',TTA, Ohlo
ELIZABIETHI IIOL',i'MAN, New York
WAYNE OWENS, Utah
EI)WARI) MEZVINSKY. Iowa

JRHOME M. ZEIMMAN..(;(Ilral Counscl


GARNERR J. CLINE, A-SSoiUte G1(frui ColIUS(
HERBERT FUCHS, C01ousd
[IiMERIT 1".I IorrTIA.x, LCouasd
WLI.TIAM P. SHATT"UCK, COaU11
I. CI lusiOPIIER Nom,.IF Counad
ALANx~
A. PAIUIUIH, V,01t11811
J.A.is F. FAI.co, c0,1118(l
MAURICE A. BAIROZA, C1Oiinsl
FRANKIIm (0. iOxK, Counxzl
TIIomAs E. MOoNxy, Couinsd
W. I1L0.101Ell, Coulnul
MICHn.AFf.
ALEXANDEn It. COOK, ('0u1lS11
('OSTATlN'E J. (iK.•s. Coutns
F0 RE W0O)It

I am pleased to make availal)le this report regarding the work of


tihe Committee on the Judiciary ringg the first session of 93d
Congress.
The report is organized to reflect the work of each of the commniit-
tee's seven standing sulbcommittees 1nd includes a brief description
of the special work undertaken by the fill conmnittee during 1973.

PETER W. RoDImo, Jr., Chaih-mam.


(III)
q•
J•

jv)
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
(v)
VI

Page
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.
(1)
2

Committee liaison was established with all Congressional Com-


mittees that have conducted relevant inquiries and staff conferences
were held with the Senate Committee on Presidential Campaign Ac-
tivities and the Office of the Special Prosecutor.
At year's end, a Special Counsel had been named to head the con-
tinuing inquiry.
Lastly, the Committee agreed in June to initiate a long-term over-
sight review of the Department of Justice. Under the supervision of
the Chairman, staff members were assigned, and investigators from
the General Accounting Office were placed on loan to the Committee,
to proceed with a review of Department of Justice operations.
SUMMARY OF ACTIVITIES OF THE SUBCOMMITTEE ON
IMMIGRATION, CITIZENSHIP, AND INTERNATIONAL
LAW
Summary of public bills referred to the Subcommittee on Immigration, Citizenship,
and InternationalLaw and disposition
Bills referred to subcommittee ---------------------------------------- 342
Bills on which hearings were held (including duplicate bills) ------------- 73
Bills reported favorably to full committee -------------------------- 4
Bills reported adversely to fill committee -------------------------- 1
Bills reported to House --------------------------------------------- 3
Bills passed House ----------------------------------------- 3
Bills pending inIHouse --------------------------------------- 0
Bills pending in Senate -------------------------------------- 3
Bills which became law -------------------------------------- 0
The Subcomniiittee on Immigration, Citizenship, and I international
Law, has jurisdiction over legislation on immigration, nationality and
related matters as well as other legislation which may be assigned. In
carrying out this assignment, the subcommittee must process and
consider a large number of private immigration bills, adjustment of
status casrs, and cases referred to~thi subcomrniaittee by the Attorney
General in which he has exercised his discretionary authority to waive
certain provisions of the Immigrhtion and Nationality Act or his
special authority to parole into the United States or to grant condi-
tional entries to certain refugees. Tlh~e subcommittee reviews approved
petitions granting preference status in the issuance of immigrant; visas
to certain workers and specialists, analyzes ntffierous general immigra-
tion and nationality bills and other assigned public bills, and exercises
oversight jurisdiction which requires continuous consultation with
both Government and private agencies, as well as field investigations.
Furthermore, the staff of the subcommittee devotes considerable time
to answering inqniiries from the Members' offices, as well as analyzing
individual immigration problems and cases referred to the subcom-
mittee by Members of Congress.
During the First Session of the Ninety-third Congress, the Subcom-
mittee on hiiimigration, Citizenship, and Interniational Law held 34
Committee meetings on: pending legislation to anmind the Immigration
and Nationality Act; legislation to grant benefits to the surviving
dependents of law enforcement dflicers; legislation to provide conipen-
sation to the innocent victims of violent crimes; and legislation to
provide it police officers' bill of rights.
The first meeting was for the purposes of organization and adoption
of the rules of the-su comnmittee with respect to private legislation; 6
meetings were on private ixn!nigration and natiofnality bills; 17 (lays of
public hearings on general legislation were held; 9 markt-up sessions;
and 1 Executive Session.
A sumnmnry of the atctivit.ies of the Subcommittee follows:
In fulfilling its responsibility to oversee the operation, adliniiira-
tion arid eiiforciiciment of the Iirinigration aifid Nationiility Act, by the
(3)
27-420-74-2

I
4

Bureau of Security and Consular Affairs, Departnent of State, the


Iminimra(ion and Naituralization Service, D)epartment of Justice and
the IDepartment of Labor, it is necessary for the subcommittee to
maintain dose and cotitiniouis eontnct' vith these Del)artii-ents.
Furtherniore, nuiiernlus informal and formal meetings have been held
with the exeetitive departments to discuss problem areas that have
developed in the implementnition of this act. In addition, conslilta-
tions were held with representatives of the State, Justice, Health,
Education and Welfare, and Labor Departments, as well as volun-
tary agencies to review the regulations and operating instructions.
PUBLIC LEGISLATION
The following )ubli, legislation was favorably reported by the
Subcommnittee audithe full Commit tee:
1.1?. 981.-'lThe l)urpose of the bill is to extend to the Western
Hemisphere the seven category preference system and the 20,000 per
country limit on the nninl)er of inlmigraiitt, visas available annually,
which is currently in effect for the Eastern Hemisphere. The bill also
amends the refugee section of current law, as well as the provisions
relating to the admission of certain temporary- workers.
The Subcommittee held hearings on . larch4 28, 29; April 12; June 6,
7, 13, 14; mark-up sessions on July 11 and 12 and ordered H.R. 981
reported to tile ftllI Commiittee onl Juiy 17, 1973. On July 24, 1973, the
full Committee favorably reported this bill to the House. H.R. 981
passed the House on Septeniber 26, 1973. No action was taken by the
Senate.
111.R. 982.-The purpose of II.R. 982 is to make it unlawful to
knowingly employ aliens who have not been lawfully adimitted for
permanent residence or are not authorized by the Attorney General
to work while in the United States. In addition, this bill establishes
a three-step procedtire for the impo,;ition of sanctions against employ-
ers who hire illegal aliens. Another provision provides ftor: the adljust-
melit of status in the United States of natives of the Western Ileini-
sphere, if otherwise qualified to imnifligrate to the United States.
1I.R. 982 was considered in open sessioi by the Subcolnniittee on
.March 22, 1973, amendiments were adopted, and the bill was ordered
favorably reported to the fRll Couiimittee. The full Committee ordered
favorably reported to the House l1.R. 982, as amended, on March 27,
1973. Tihe bill 1)assed the House as reported May 3, 1973. No action
was taken by the Senate.
H.R. 7555.--Grants an alien child a(lol)ted by an umnarried United
States citizen the same immigration st atums as an, immlligrlit child
a(lopted by a United States citizen and his spouse. T1he Subcomiittee
reported this bill to the full Committee on July 17, 1973. The full'
Committee favorably reported hI.R. 7555 to thellouse on July 24,
1973 and the bill lv-,,ed the House on the '.onsent (Calendlhr on
September 17, 1973.
The following public legislation was favorably reported by the
Subcommittee to the frill Comm ittee.
5
H.R. 11821.-Pirovides a,$50,000 gratuity effective October 11, 1972,
to the surviving dependents of law enforcement, officers, including
voluntary police anld firemen killed in the perforlnaice of their duty.
OTIIHR PriIic LEGISLATION
H. Res. 220.---''he Sulconimittee on hIniiigration, Citizenship, and
International Law held hearings on March 13, on 11. Res. 220, 11. Res.
281 and similar Resolutions of inquiry regfuldiigg the requirement
imposed on the At torney General to furnlish the H1ouse of Representa-
tives with inforn"mition relating to the basis of venue for a grand jury
in the Northern District of Texas of investigating gtmrttnning. The
indlivid(ials who refused to testify became known as the "Fort, Worth
Five" and claimed tile grand jury investigation was politieally in-
spired and violated their legal rights.
On Mlay 10, 1973, the Subc6iomittee adversely reported 11. Re.s. 220
to the full Committee.
One hearing was llell on H.R. 4598, by Mr. Biaggi, to amend the
Omnibus Crime Control and Safe Streets Act of 1968 to provide a
system for the redress of law enforcement officers' grievances and to
establish a law enforcement. officers' bill of rights in each of the several
States, and for other purposes, on July 25, 1973.
The Subcoinlitftee on August 1, 1973, held hearings on If. R. 8777
and S. 300, legislation which provides ctollpensaltiift to the innocent
victims of violent crime.
SPECIAbL EGISLATIVE JUI{IsI)ICION

A. SUSPENSION OF D)EPORTATION CASES


Under sec.tion 244 of the Imimigration and Nationality Act, tie
Attorney Genmeral is authorized tc adjust tie status of certain deport-
able aliens to that of aliens lawfully admitted for permanent resid(Ince
through the procedure of smuspens'iomi of deportation. However, such
action by, the Attorney Genhrtil is subject, to congressional review.
Under the provisions of Section 2,14(a) (2) of the Act. wherein affirnia-
tive action by the Congre.ss is required in order to al)prove the
Attorney General's suspension orders, the Subcommittee reviewed 12
cases referred y, t he Attorney Gienerl amid no cases were apl)roved.
In accordance with the provisions of Section 244(a)(1) of the I iini-
gration and Nationality Act, the subcommitttee reviewed 164 vases
referred by the Attorney General and no cases were disalP)roved
during tie first session of tfle Ninety-third Congress.
Bi. "(13C)" CASES

Under thie provision of section 13(c) of the Act, of September 11,


1957 (Public Law 85-316), the Attorney General is einpowered to
a(ljust the status of certain aliens who entered the Uniied States in
various diplomihtic categories and who have failed to iniintain their
official status. The iumnlber of aliens whose status may be adjusted
6

under this provision is limited to 50 in ally fiscal year. Each of these


13(c) cases necessitates a detailed investigation of tile facts involved,
and requires a determination on the merits warantdd. 39 cases in this
.category were reviewed by the subconmmittee during the first session
of the Ninety-third Congress.

C. EXCLU1)ABLE AMlEN CASES

Certain provisions of the Immigration and Nationaliity Act grant


to the Attorney General tlfo iliscretinftlry authority to w'aive various
provisions of the act. In such cases, however, lie is reqtuird'lo Submit
detailed reports on his action to the Congress. Under section 212(d)(6)
of the Act, the Attorney General is eqiired to report cases of those
aliens who are temporarily admitted to the United States under
section 212(d) (3), although' they are otherwise exchldable.
The Subcomniiittee staff reviewed the 8,55! cases referred to the
subcommittee in the first, session of the 'Ninety-third Congress.
Section 212(a)(2S)(1) of the nimigration and Naltioiinality Act
authorizes the Attorney General to admit certain aliens to the United
States for permanent r'esi(lence who are otherwise excludable. because
of their former membership) in the Comintmist Party or other sub-
versive organizations; provided it is established to his satisfaction that
they are bona fide defectors. 36 cases in this category were referred in
the first session of the Ninety-third Congress.
P. REVIEW OF ADMINISTRATIVE ACTION CASES
Ii accordance with the provision of section 203(f) of the Iminigra-
lion and Nationality Act, the Attorney General submitted to the
Congress 4,917 reports (covering the perio6l Janitiry 1, 1973 and
June 30, 1973) of approved al)l)hications for conditional entry. These
reports were reviewed by the subcomhiiittee staff in carirving out the
committee oversight jurisdiction over refugee matters.
Under section 204(d) of the hImigration and Nationality Act, as
amended by the Act of October 3, 1965 (Public Law 89-236), the
Attorney General is required to submit to the Congress on the first
and fifteentih day of each calendar month in which Congress is in
session a complete rel)ort in each case where petitions for preference
are approved under section 203(a) or section 203(a)(6) of that Act.
During the first session of the Ninety-third Congress 15,253 such
reports were submitted and referred to the subcommittee for review.
E. PRIVATE BILLS

In addition to the action on Private hmiiigration and Nationality


bills summarized below, the Subconmittee considered requests to
waive Rule 4 of the Comimiiittee Riles of Procediu'e which states
thliat the subconiiiittee shall not reqilest departtfieiital reports on
private bills for aliens who have entered the United States as non-
immligrants, in transit, as crewmen, stowaways or by surrep)titi6isly
entering through the land or sea borders of the United States. Of
those requtests 31 were agreed to and 58 were rejected.
Summary of private immigration and nawionality bills, Is! session of 934 Cingress
H o u se b ills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . ... . . . . . . . . . . . . . . . 38 8
Sen a te b ills ----------- ---------------------- --------- ------ ------- 30
To t a l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ----------
--- ----
--- 4 18
Private laws:
I[o use bills -------------------------------. -------. . . . . . . . . . . . 21
Senate --- ,ils
'rot al ------------------------------------------------------ 27
House bills pending in Senat( --------------------------------------- 13
On House 1Private Calendar----------------------------------------- 6
Tabled:
House bills--------------------------------------------------- 165
Senate bills ---------------------------------------------------- 3
Total ------------------------------------------------------- 168
Deferred:
House bills --------------------------------------.------------ 10
Senate bills---------------------------------------------------- 5
Total ------------------------------------------------------ 15
Pending:
House bills --------------------------------------------------- 114
Senate bills ---------------------------------------------------- 2 16

Total ------------------------------------------------------ 130


House bills introduced, no reports requested -------------------------- 59
Senate concurrent Resolution ----------------------------------
136 of these bills have re-elved subcommittee Wction and are ready to be submitted to the•full committee
for final action.
29 of these hills are ready for full committee action.

GEXBRAhI OVERSIGHT HEARINGS

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

B. EXECUTIVE SESSION-BRIEFING ON JEWISH REFUGEES FROM U.S.S.R.

The Siduonlmittee held an executive session on October 2, 1973, at


which time a report and briefing was presented by Ambassador Lewis
Hoffieker, Spenial Assistant to the Secretary of State and Coordinator
for Combil)athiug ''errorism oil the role of the State Department regard-
ing terrorist, activities and other factors the iliovelvit of
turrolndilg
Jewish refugees froii U.S.S.R. via Austria to Israe.

C. AIAEN LAIIOII PROGRAM IN GUAM

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.

D ADMINISTRATION OF THE IMMIGRATION AND NATIONALITY ACT

Extensive hearings were held with witnesses from the Dei)artnents


of Justice and State onl all aspects of the adyllnirtration of time Act.
Regulations, operating instruct ions, n-nd int erpret at ions of the Act
were discussed and reviewe(l. 'lle ,1Sl1l 1fomlittee will colitiitie to ex-
ercise its oversighti. resl)ousibility.
SUMMARY OF ACTIVITIES OF THE SUBCOMMITTEE ON
CLAIMS AND GOVERNMENTAL RELATIONS
Sunmary and disposition of private claims bills referred to subcommittee on claims.
and gom',rnimental relations
Referred to suheommnittee:
IIouse bills --------------------------------------------------- 330
I louse resolutions ---------------------------------------------- 10
Senate bills --------------------------------------------------- 7
House concurrent resolution ------------------------------------ 1
Total ------------------------------------------------------ 348
Approved by subcommittee:
House bill• -------------------------------------------------- 51
Hlous;e r(.solltions --------------------------------------------- I
Senate bills --------------------------------------------------- 2
T otal ------------------------------------------------------ 54
Adversely reported by subcommittee: House bills---------------------- 29
Reported to House:
House bills --------------------------------------------------- 89
llouse resolutions --------------------------------------------- 1
Senate bills --------------------------------------------------- 1
Total ------------------------------------------------------ 41
Passed House:
House bills --------------------------------------------------- 34
Senate bills ---------------------------------------------------- I
Total ------------------------------------------------------ 35
Private laws enacted ----------------------------------------------- 23
Bills pending in Senate --------------------------------------------- 12

AMERICAN REVOLUTION BICENTENNIAL

In the first session of the 93d Congress, the subcommittee considered


and recommended favorably two bills concerning the American
Revolution Bicentennialo0l)servance. The first bill, IJ.R. 3694, provided
an authorization for ap)p)ropriations for the balance of fiscal year 1973,
and was approved as Public Law 93-11, on March 15, 1973. The
second bill, 1I. R. 7446, provided for the establishment of the American
Revolution BicentenniAl Administration and includedprovisions
concerning persoInnel and administration of the new agency. The bill
also l)rovi(ledl for grant-in-aid in connection -with the Bicentennial
observance. I.R. 7446 was approved on December 11, 1973, as
Public Law 93-179.
CLAIMS
In the first session of the 93d Congress, the Siubcoimmiittee considered
the matter of amendiftents to the Military Claims Act (10 USC 2733),
(9)
10
the Foreign Claims Act (10 USC 2733) and the National Guard Claims
Act (33 USC 715).
Following a hearing on May 3,,1973, on the bill H.R. 5843, the
subcommittee considered proposals concerning appeal procedures
under these statutes and changed in procedures and monetary limita-
tions relating to administrative settlement of claims. The subcom-
inittee recommended a revised bill which was introduced as IH.R. 9800.
That bill was reported and passed the House on October 15, 1973.
CHECK FOnGERY INSURANCE FUND
The subcttmitteo held a hearing on H.R. 6274 concerning the
fraudulent negotiation of Government checks and the administration
of the Check Forgery Insurance Fund. The bill H.R. 6274, amending
the basic statutory authority concerning that Fund, was favorably
recominended by the Subcommittee with an amendment and passed
thle House in that form on September 17, 1973.
IMMUNITY OF FOREIGN STATES
The subcommittee conducted a hearing on H.R. 3493, a bill to
define the circumstances in which foreign states are immune from the
jurisdiction of the United States Court and in which execution may
not be levied on their assets.
SUMMARY OF ACTIVITIES OF THE SUBCOMMITTEE ON
COURTS, CIVIL LIBERTIES, AND THE ADMINISTRA-
TION OF JUSTICE
Sumnmnary of bills referred to the subcommittee and disposition during the 1st session
of the 93d Congress (Calendar ycar 1973)
Bills referred to subcommittee ---------------------------------------- 241
Hearings held ------------------------------------------------------ 5
Reported favorably to full committee -------------------------------- 4
Reported adversely.-----------------------------------------------. A7
Bills pending in subcommittee --------------------------------------- 175
Bills reported to House --------------------------------------------- 4
Bills passed House ------------------------------------------------- 4
B ills pending in I louse ............................................. .....
Bills pending in Senate --------------------------------------------- 2
Bills which became law --------------------------------------------- 2
Private patent bills ------------------------------------------------- 9
In addition to its specific jurisdiction over legislation involviing the
Courts, Civil Liberties, and the Administration of Justin, including
a focus on Corrections, this Subcommittee has assigned' to it legisla-
tion affecting patents, trademarks, and copyrights, congressional con-
sent to interstate compacts, and revision of the laws.
During 1973 the Subcommittee had referred to it, a total of 241
bills. A table summarizing thi status or disposition of these measures
appears above. Highlights of the Subcommittee's activities during
1973 are as follows:
CORRECTIONS

During June 1973, the Subcommittee held two additional days of


public hearings on the Parole Reorganization Act (H.R. 1598, 93d
Congress) whose principal thrust is to inject due process into the
l)pa role system. Witnesses were lon. Maulrice 11. Sigler, Chairman
United States Board of Parole; Hlon. Antonin Scalia, Chairman,
Administrative Conference of the United States; Hon. Normain A.
Carlson, Director, Federal Bureau of Prisons; and Howard Eglit,
Esq., Legal Director, Chicago ACLU. Subsequently a nmnber of
meetings were held by Subcommittee staff with Chairman Sigler of
the Parole Board an(d his assistantt and with Senate staff dealing with
corrections matters. It is expected that the pen(ling legislation will be
brought up for discussion early in 1974.
Further in the area of corrections legislation, the Subcommittee
processed H.R. 7352, the Federal Prisoners Furlough bill, which
expands provisions of existing law so as to enable filler utilization of
furldughs as a means of assisting prisoners in adjustmiieiAt from the
institution to the cominiiuhity. rrhe bill became P.L. 93-209 on Decem-
ber 28, 1973.
On October 26 and 27, 1973, the Subcommittee visited the Federal
Penitentiary at Leavenworth, Kansas, and the Medical Center for
Federal Prisoners at Springfield, Missouri. Special attention was
focused on the Special Treatment and Rehabiliiative Training
(11)
27-420--T4----3
12
(START) program of behavior modification at the Springfield facility.
'The Subcommittee plans to continue its inquiry of the Federal Bureau
of Prisons' plans for the Federal Center for Correctional Research at
Butner, N.C., where construction is scheduled for completion in late
1974.
NEWSMEN'S PRIVILEGE
During the 92d Congress, in response to the case of Branzburg v.
Hayes, deci(Iedl by the Supreme Court on June 29, 1972, the Subcom-
mittee held five (lays of public hearings on a number of measures
designed to create a privilege in newsmen against compulsory dis-
closure of information antl sources received in the course of
newvsgathering.
In February and NMarch 1973, the Subcommittee resumed its
scrutiny of this subject, holding ten additional days of hearings at
which 14 members of the House testified. Bills dealing with the prb-
posed privilege were introduced or cosponsored by 140 members.
Thereafter the Subcomminittee devoted several meetings to the con-
sideration of H.R. 5928, introduced after the hearings were completed,
and to a series of redrafts thereof. Meanwhile other meetings were
held by and among the media, testing the available supl)ort for
H.R. 5928.
At the close of 1973; the Subcdifiiiittee had ordered a redraft, of
H.R. 5928 to be reported favorably to the frill Committee. This
legislation is expected to be so reported early in the 1974 session.
COURTS
On October 10, 1973, the Subcommittee held a public hearing on
S. 271, a bill that would amend the requirement for a three-judge
court in certain cases and on H.R. 8285, a bill to provide six-person
juries in civil cases. Further hearings will be scheduled on these
measures early in the 1974 session.
PATENTS
The Subcominiittee voted to report favorably to the full' Committee
the bill H.R. 9199, to amend the patent laws. The principal thrust
of this measure is to enable the Commissioner of Patents to accept
late filed fees if he finds the delay in filing was unavoidable.
Also, the Subcommittee voted to report favorably a private patent
relief bill. Section 102 of title 35, United States Code, provides that
a patent application on an invention must be filed within one year
after public use or sale in the United States. S. 71 would enlarge the
period to two years in a situation in which the late filing was attribut-
able to dereliction Of duty on the part of the applicant's patent agent.
This was an unusual case. The bill has twice passed the Senate and
had approval of the Department of Commerce.
13
TRADEMARKS

Two bills affecting trademiark law were processed by the Subeom-


mittee find passed the House. These ar, Hl.R. 75099 which would
change tlie name of the Patent Office to the "Patent. anil Trademark
Office"fand H.R. 8981 which would aliaend the Tra(lemlrk Act. to
extend the time for filing oppositions, eliminate the requiremi'nt of
reasons for appeal, and authlrize the award of attorney fees in excep-
tional cases.
JUVENILE JUSTICE INSTITUTE

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

On December 3, under suspension of the rules, the I-ouse passed


S. 2641, to confer jurisdiction upon the district court, of the United
States of certain rivil actions brought by the Senate Select Committee
on Presidential Campaign Activities, and for other purposes, which
had been processed by the Subcommittee. This bill would confer
jurisdiction on the U.A. District Court. for the Disirict of Colhiiibia
of certain civil actions brought by the Senate Select Committee on
Presidential Canipaign Activities, It became -P.L. 93-190 on
December 18, 1973, when the President neitihr signed nor vetoed it.

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

Remo'al of Restriction on Change of Salary qf Full-timeiReferees in


Bankruptcy
The Subcommittee held hearings on two proposals, H.R. 3490 and
H.R. 5323, relating to the removal of referees in bankruptcy from an
inequitable resurictiin on salary increases. Section 40b of the Bank-
ruptcy Act (11 U.S.C. 68(b)) )rohibited salary increases for referees
in bank -uptcy from occurriiig more than once every two years. This
legislation placed the referees in bankruptcy on an equal basis with
other judicitt"d officers whose salary is determined by the Judiciili Con-
ferencke of the United States.
H.R. 3490 was reported favorably by the Subcommittee and ap-
proveld by the full committee (See H. Rept. 93-610). Passed the
House, November 6, 1973. The Senate Judiciary Comiii4ittee reported
the bill favorably to the Senate where it passed on December 12, 1973.
"THE BANKRUPTCY ACT OF 1973"

The Subcommittee considered and reported out lI.J. Res 499


which was then approved by the full Comimititee on June 6, 1973
(See H. Rept. 93-262). II.J. Res. 499 passed the House on June 19,
1973, and the Senate on July 1, 1973, and became Public Law 93-56.
H.J. Res. 499 was introduced and passed to exteid the period of
time for the submission of the report of the Commission on the
(14)
15
Bankruptcy Laws of the United States from June 30 to July 31, 1973.
This Commission established by Public Law 91-354, stat. 468
on Julyr 24, 1970, was created to study, analyze, evaluate and 'rec-
omnme6nd changes to the present Bankruptcy Act (Title II of the
United States Code).
The Commission Report was filed and formed the basis for H.R.
10792, "The Bankruptcy Act of 197.3," introduced on October 9,
1973, by the chiarman of the Subcommittee. along with the ranking
minority member. Both had served on the Commission on the Bank-
rupltcy Laws of the United States.
An initial hearing was held oi December 10, 1973, the first of what
will be a lengthy and complete set of hearings, public meetings and
study sessions to be held throughout the second session of the 93d
Congress to complete H.R. 10792 and recomniend to the full'Com-
mittec and Congress a new Bankruptcy Act.
NARCOTIC ADDICT TREATMENT AND REHABILITATION

II.R. 15760, the subject of extensive hearings in the 92nd Congress,


was reintroduced by the Subconimittee chairinan as H.R. 187.
Three (lays of hearings were held on H.R. 1.87, which amends title 18
of the United States Code to enable the Federal criminal justice
system to deal more effectively with the problem of narcotic addiction
and for amending the Omnibus Crime Control and Safe Streets Act
of 1968 to enable the States and n unicipalities to deal more effectively
irth that problem. These three days concluded a. series of hearings
on the concept. of a Federal diversion system for drug abusers which
began in the 92nd Congress. At the conclusion of the hearings, Dr.
Robert DuPont, the Director of the Special Action Office for Drug
Abuse Prevention, indicated that his office had some legislative ]an-
guage changes to recommend. The Subcommittee delayed further
consideration of the bill until the submission of these suggested
changes. The delay was longer than initially anticipated, but sub-
mission of new draft language was made shortly before the close of
the first session. The Materials are now being reviewed and reconciled
with H.R. 187. The Subcommittee expects to consider the new legis-
lative language early in the Second Session of the 93d Congress.
To assist the Subcommittee in its consideration of the treatment
and rehabilitation of narcotics addicts during the 92nd Congress, the
General Accounting Office was requested to make a review and provide
reports on narcotics treatment program assessment efforts made by
Federal, State, and local agencies. In compliance with that request,
the Comptroller General prepared and submitted reports on treat-
meat programs in Washing ton, D.C., and San Francisco, Alameda, and
Los Angeles Counties, California. These reports were submitted to the
Subcomriittee and were the subject of hearings in the 92nd Congress.
During the first session of the 93d Congress the reports on narcotics
treatment programs in New York City and Chicago were completed
and su'bmitted to the Suibcommittee by the Geneyal Accounting office.
Each report was the subject of hearings at wlich narcotics officials
from each of the cities appeared and testified. These two reports
completed this series of reports on narcotics treatment programs
initiated in the 92nd Congress.
16

The Subcommittee held hearings and favorably reported HI.R. 677,


which provides for the development and operation of treatment pro-
grams for certain drug abusers who are confined to or released from
correctional institutions and facilities. An identical bill had previously
pass(-cA the HIouse during the 92nd Congress. This Session, the entire
Lfaw Enforcement Assistance Administration (LEAA) legislation was
being considered by a separate subcommittee. This small section had
been referred to the Subcommittee because of the jurisdiction over
certain areas of drug abuse and treatment. The bill was considered
collaterally in this Subcommittee while the entire LEAA legislation
was being revised by another subcommittee.
Whcn'•-I.R. 8152 (LIEAA package) was being considered by the full
Committee, H.R. 677 was proposeId and accepted as an amendment to
H.R. 8152. Comments on this amen dinenit are a part of H. Rept.
93-249.
ARREST RECORDS AND COMPUTERIZED CRIMINAL DATA SYSTEMS

Hearings were continued in the First Session of the 93d Congress


by the Subcommittee on H.R. 188, to provide for the( dissenmination
and use of criminal arrest records in a manner that insures their
security and privacy'. Four (lays of hearings concluded the series
which gave sole cons-ideration to thie disseminAtion and use of arrest
records. Later in the session, HR. 9783, a companiownbill to H.R. 188,
was introduced by the chairman of the Subcommittee. This bill relates
to the regulation of the collection, storage, and dissemination of in-
formation by criminal data banks established or supported by the
United States. 11.R. 9783 is designed to impose a statutory set of
safeguards on the proliferating criminal data bank systems. An
initial (lay of hearings was held that specifically dealt with the problems
the Commonwealth of Massachusetts encountered with the National
Criminal Information Center (NCIO). The Subcommittee is particu-
larly interested in the national criminal information system and how
it relates to the constitutionally guaranteed right of privacy of indi-
viduals. The Subconimittpe anticipates a further examination of this
system with an eye towards uniform regulations legislated to guarantee
the efficient use of all criminal information while insuring their
security and privacy.
PROHIBITION ON THE USE OF SYMBOLS OF THE UNITED STATES IN THE
COLLECTION OF PRIVATE DEBTS

Hearings were held by the Subcommittee which subsequently


approved H.R. 689, prohibiting the private use of the name of symbol
of the United States in the collection of debts. Section 712 of title 18
of the U.S. Code prohibiting collection agencies from using the name
or symbol of the United States in the collection of debts was inter-
preted by the coui'ts in United States v. Boneparth as not broad enough
to cover the same practices by individual merchaiits collectiimg their
own debts. This bill corrects the obvious loophole and extends this
section to cover and eliminate the unconscionable practices of all
individuals in any debt collecting situation.
17
FAIR EMPLOYMENT PRACTICES OF AMERICAN CORPORATIONS DOING
bUSINESS IN SOUTH AFRICA

In September and October 1973, the Sulbcfiifiittee began con pre-


hensive hearings oil 1.J. Res. 703, a joint resolution designedI to
protect United States domestic and foreign policy interests by making
fair employment practices in thie South African enterprises of United
States firms a criteria for eligibility for Federal Government contracts.
Total private U.S. investment, in South Africa, a -ountry in which
the overwhelming majority of citizens are denied by law politicAl iind
human rights because of skin color, amounted to about $750 million
in 1970-approximately one. percent of U.S. direct private foreign
investments and about 25 percent of total U.S. investments oln the
African continent. Nearly 300 American firms are represented in
South Africa. In view of the number of American corporations present
in South Africa anti the social significance of the legislation, extensive
preparation was undertaken to insure that witnesses from varied
)ackgroundls, disciplines, and interests would be heard.
A statement was received from Peter W. Rodino, Jr., tile sp)onsor
of the legislation, and extensive testimony has been l)rovided by the
Chairman of the Subcommittee on Africa of the House Foreign Affairs
Committee. Scholars of international reputation also appeared before
the Subcomiimittee followed by church persons who have sought
through cooperative efforts with American corporation officials to
improve corporate employment practices in South Africa. Further,
practitioners of South African law and legal scholars knowledgeable
in thie area have also assisted the Subcommiittee with testimony. A
position statement has also been received from the United States
Department of Commerce and the United Automobile, Aerospace and
Agriculturiil Implements Workers of America (UAW).
Hearings on this legislation will continue in the Second Session
with testimony and/or statements to be received from representatives
of the Department of State, the labor Movement and the business
community.
Staff work was also initiated during the First Session on H.R. 7728,
to amend Title 28, U.S. Code, to provide more effectively for bilingual
proceedings in certain (district courts of the United States. Hearings
on the companion bill, S. 1724, are in progress in the Senate. The
Subcommiý,tee plans to cont iiiiie preparation for hearings on the
bilinguMl courts bill during the Second Session.
HOLIDAYS AND COMMEMORATIONS
The following bills were acted upon in the House by unanimous
consent:
H.J. Res. 5-Nicolaus Copernicus Week, beginning April 23, 1973,
became Public Law 93-16.
H.J. Res. 52-Women's Equality Day, August 26, 1973, became Public
Law 93-105.
H.J. Res. I 11-National Cancer Day, September 8, 1973. Passed
House September 6, 1973.
H.J. Res. 136--National Vocational Education Week, February 11 to
17, 1973. Passed House January 24, 1973.
18
H.J. Res. 163-International Clergy Week, commencing januftary 28,
1973, became Public Law 93-2.
H.J. Res. 196-National Nutrition Week, March 4-10, 1973. Passed
House February 28, 1973.
I.J. Res. 210-National Hunting and Fishing Day, fourth Saturday
of September 1973, became Public Law 93-23.
H.J. Res. 21 1-American History Month, February 1973. Passed
House February 8, 1973.
H.J. Res. 275-National Arthritis Month, May 1973, became Public
Law 93-21.
HI.J. Res. 289-National Arbor Day, last Friday of April 1973. Passed
House ,March 22, 1973.
H.J. Res. 296-NationAl Autistic Children's Week, last week of June
1973, became Public Law 93-42.
H.J. Res. 303-Day of Observance of Thirtieth Anniversary of Warsaw
Ghetto Uprising, April 29, 1973, became Public Law 93-20.
II.J. Res. 334-Nat'onal Emlploy the Older Worker Week, second full
week of March 1973, became Public Law 93-10.
H.J. Res. 337-National Check Your Vehicle Emissions Month,
April 1973. Passed House March 29, 1973.
H.J. Res. 410, S.J. Res. 51-National Historic Preservation Week,
beginning May 6, 1973, became Public Law 93-30.
H.J. Res. 437-National Clean Water Week, beginning April 15, 1973,
became Public Law 93-18.
H.J. Res. 466-National Legal Secretaries Court. Observance Week,
the second full week in October 197,3, became Public Law 93-104.
H.J. Res. 533-A day of Commemoration of the Opening of the Upper
Mississippi River by Jacques Marquette and Louis Jolliet in 1673,
June 17, 1973, became Public Law 93-41.
H.J. Res. 677-Teachers Day, September 28, 1973. Passed House
September 6, 1973.
H.J. Res. 695-Johnny Horizon '76 Clean Up America Month,
September 15, 1973, to October 15, 1973, became Public Law
93-108.
H.J. Res. 865-Vietnam Veterans' Day, March 29, 1974. Passed
House December 18, 1973, became Public Law 93-232.
H. Con. Res. 43-In recognition of the Two Hundred Twenty-fifth
Anniversary of Washington and Lee University. Passed House
June 5, 1973.
H. Con. Res. 223-United States Space Week, July 16-22, 1973.
Passed House June 28, 1973.
S.J. Res. 25-National Next Door Neighbor Day, the fourth Sunday
in September 1973, became Public Law 93-103.
GENERAL OVERSIGHT OF THE DEPARTMENT OF JUSTICE
Various disclosures and informination which came to light (luring
1973, occasioned principiilly by the Select Senate Committee on the
Presidential Election of 1972 and other major news events focused
the Subcomniittee's attention on areas of past performance by the
Justice Department uiin"der prior Attorneys General.
The Subcomnimittee's attention was directed back to early May of
1970 where in a period of ten days, students were killed and wounded
on the campuses of Kent State University in Ohio and Jackson State
19
College in Mississippi. In the wake of these tragic incidents the Presi-
dent announced a Commission to look into student and campus
unrest which was popularly called the "Scranton Commission" after
its Chairman, William Scranton, former Governor of Pennsylvania.
The Commission concluded the shootings were "unnecessary, unwar-
ranted and inexcusable."
In the case of Kent State, Attorney General Mitchell annuiihnced
on August 13, 1971, almost sixteen months after the shootings, that
the Justice Department would do nothing further. Revelations of
1973 at least indicated the possibility that the motivation for this
and similar decisions may be suspect.
A staff investigation was begun in July of 1973. The thrust of the
inquiry was directed at the Justice Departmbnti's handling of these
incidents subsequent to their occurrence, but in order to fully under-
stand all of the circumstances, the facts of the incident at Kent State
were reviewed. Staff investigators were dispatched to Ohio. Numerous
personal and telephone, interviews were completed, and all documen-
tation that could be compiled was reviewed.
Prior to the announcement of the Subcommittee's public hearings
in this area, Assistant Attorney General J. Stanley Pottinger an-
nounced for then Attorney General Elliot Richardson on August 3,
1973, a further Federal inquiry into the circumstances surrounding the
fatal shootings.
The Subcommittee staff met with Department of Justice officials
and cooperated in every way with this new inquiry. A Federal Grand
Jury was impaneled in late 1973 and is still in session. The Sub-
committee in order not to interfere with the present investigation
has temporarily discontimned its own ,inquiry, but will again look
into the role of the Justice Department with regard to these incidents.
The Subcommittee's interest was also directed to the operation of
the Bureau of Narcotics and Dangerous Drugs (BNDD) and the
Office of Drug Abuse Law Enforcement (ODALE) now combined
with other agencies as the Drug Enforcement Agency, by the inci-
dents reported at Collinsville, Illinois, in late A fl, 1973. Drug agents
without warrants broke into two residences which were not the sub-
ject of any investigation.
The Subcommittee staff requested and received a staff briefing on
the incidents by the Department of Justice. Further, Mr. Myles
Ambrose, then Director of ODALE, was called to an Executive
Session of the Subcommittee to discuss the incidents. The Subcom-
mittee expressed its concern regarding the training of and the regula-
tions guiding Federal drug agents. As a result, new guidelines were
issued on July 17, 1973. The Subcommittee staff is still studying the
issues of remedies for the victims of an unreasonable search or arrest.

CIVIL RIGHTS OVERSIGHT


Accompanying the legislative jurisdiction of the Subcommittee is
oversight jurisdiction in the civil rights area. Specifically, graitnied to
the Subcommittee on Febru-ry 23, 1971, civil rights oversight juris-
diction includes major responsibility for review of the administration
and enforcement of Federal civil rights laws. Increasingly, it has be-
come apparent that equal access by all citizens to American resources
depends heavily upon the enforcement of the law.
In this regard, the Subcommittee has established high priority
concerns with an eye to commeincing acti- ities in areas of maxilmumil
impact.
GENERAL REVENUE SHARING

Staff study and hearifts were begun relative to enforcement of the


civil rights provisions of the State and Local Fiscal Assistance Act of
1972. 1"fle Act, more commonly known as General Revenue Sharing,
provided for a total of 30.2 billion dolllirs to be divided automatically
among state and local governments over a five year period. The civil
rights provisions require that funds not be used in ainy mariner which
discriminates on the basis of race, color, national origin or sex.
In the first of a series of hearings, testimony was received from the
Office of Revenue Sharing in order to provide the Subcomnimfittee with
an overview of the l)rocedlures and mechanisms by which civil rights
compliance by recipient units of government will be insured. Subsequent
hearings will call upon organizations and persons involved in General
Revenue Sharing on either the national, state or local level to present
their l)ersl)ectives relative to civil rights coiplianie and citizen in-
volvement. Finally, the recalling of the Chief Compliance Officer and
the Civil Rights Specialist will climax the Subcommnittee's review of
this area. With this base of knowledge from which to proceed, civil
rights oversight in the Special Revenue Sharing area should be greatly
facilitated.
EQUAL EMPLOYMENT OPPORTUNITIES IN THE FEDERAL DRUG FIGHTING
AGENCIES
An additional high priority which emerged for the Subcommittee
was equal employment o)lporttinity. With the passage of Title VII of
the 1964 Civil Rights Act, increased attention has focused upon the
employment area as a means by which minorities and the poor could
seek to escape from the poverty cycle. Further, with (irug abuse
reaching even more heavily into urban ghettos and recently extending
beyond, the Subcoiiimittee sought to combine two areas of interest by
reviewing the Affirmative Action Plans of the Bureau of Narcotics and
Dangerous Drugs, the United States Customs Service, the Office of
Drug Abuse Law Enforcement and the Office of National Narcotics
intelligence.
Extensive hearings held in May 1973 highlighted statistical employ-.
ment, data, recruitment, retention, and l)romotion efforts and were
helpful in delineating necessary areas of improvement for the fulfill-
ment of goals andl timetables established for the hiring of minorities
andi women Iniitial iIfllprovemeiits in tile adniiiistration of mechanililss
designed to strengthen recruitment and retention of minority and
female eniployCes have already occurred. Further, review of the
enmi)lyinnit, practices of the (drug fighting agencies (presently com-
bined under the Drug Enforcement Administration) wil 1be continuing.
The initial hearings are available and a Subcomnfittee report is
pending.
21
BUDGETARY CUTBACKS FOR FISCAL YEAR 1974 IN THE COMMUNITY
RELATIONS SERVICE

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

In July, 1973, the Subcommiittee examined the role which the


Cabinet Comniittee on Opportunities for Spanish Speaking People has
played in providing equal opportunity for this country'ss Spanish
speaking citizens. Of particular interest, to the Subcomniittee was the
Cabinet Committee's efforts to fulfill its stat.utory mandate. During
the course of the hearings, the Subconimittee reviewed sonic of the
activities of the Chairman of the Cabinet Committee during the presi-
dential election of 1972. While the Subcommittee did not issue a
report on its two days of hearings, liaison between the Subcomniittee
and the Cabinet Committee on Opportuiiities for Spanish Speaking
People will continue in an effort to insure that the needs of the Spanish
Speaking will be met.
ENFORCEMENT OF TITLE VI OF TIIE CIVIL RIGHTS ACT OF 1964 IN
PROGRAMS RECEIVING MEDICARE AND MEDICAID FUNDS

Pursuant to a request by the Chairman of the Judiciary Committee


in the 92nd Congress, the General Accouniting Office l)repared a
report on the enforcement of Title VI of the. Civil Rights Act of 1964
in programs receiving Medicare and Medicaid fniidis. Timfie constraints
prevented the Subconmmittee from taking tip this issue during the 92nd
Congress. However, in September and October, 1973, the Subcommit-
tee conducted a series of hearings on Title VI enforcemenitfin the Medi-
care-Medicaid progams. The GAO presented its report on the first
(lay of hearings and was followed on subsequent days by the Anierican
Public Health Association, the Leadership Conference on Civil Rights,
and the Office for Civil Rights at HEW, which is charged with ad-
ministrative oversight responsibility in this area.
Title VI of the Civil Rights Act of 1964 prohibits recipients of Fed-
eral funds from discrilnimiating on the basis of race, color, or national
22
origin. In its inquiry into compliance with these provisions, the Sub-
committee tried to determine whether or not HEW was vigorously
enforcing Title VI with respect to hospitals and extended care facilities
which participated in Medicare or Medicaid. A major area of concern
was a finding by the GAO that a pattern of uni-racial occupancy in
hospitals an nursing homes was prevalent in the United States. The
Subcbmmiittee has submitted additional questions to the Office for
Civil Rights and will issue a report based on material presented both
during the hearings and in subsequent commniuication with HEW.
ADDITIONAL ACTIVITIES
The Subcommittee, in addition to its role in holding civil rights
oversight hearings, maintains close liaison with Departments in the
Executive Branch which have jurisdiction over civil rights matters.
During the first session of the 93d Congress, the Subcomniittee has
had various occasions to contact the Civil Rights and other divisions
of the Department of Justice. Voting rights have remained a concern
of tile Subcommittee in view of the Voting Rights Act of 1965 and
the fundamental need to insure this right to every American citizen.
The results of several municipal elections are ud(ler investigation
by the Department of Justice at, the Subcommiittee's request. The
Subcommnittee requested early in the session that the Justice Depart-
ment investigate charges of voting rights violations in Maricopa
County, Arizona. The Subcommittee also requested that. the Justice
Department look into possible civil rights violations in the deaths of
two members of the United Farm Workers Union in a recent Cali-
fornia labor dispute.
Questionnaires were mailed to certain Departments in the Federal
Government to determine the effectiveness of their equal employment
programs or the equal employment programs of the industries over
which they maintain jurisdiction. Responses have not. been received
from all agencies. The Subconmmittee intends to inquire further into
the employnient practices of agencies of the Federal Government in
upcoming sessions of Congress.
Concomitant with other Subcomfimittee efforts in the equal employ-
ment field has been the Subcomimittee's careful analysis and review of
inipllnmentation of a May 4, 1973, ruling by the Department Of Justice
that a pattern of discrimination against black deputies was shown
with reference to promotions and disciplinary actions in the U.S.
Marshals Service. Examination of work assignments in the D.C.
Marshals Office revealed evidence showing racial discrimination in the
distribution of work assignments. Finally, an August 31, 1973, Justice
Department ruling sustained a complaint of harassment by the
Chairnman'of the Black Deputy U.S. Marshals Orgainization, an as-
sociation active in putting forth the complaint which led to the May 4,
1973, ruling of racial discriminationn.
Although hearings have not been scheduled on this matter, careful
and constant, contact with the various parties involved has kept the
Subconiiinittee informed and current relative to the implementation of
mandated remedies. This situation will continue to receive Subcom-
mittee scrutiny and subsequent action will be dictated by the circuin-
stances.
23
In recognition of the over increasing role that technology plays in
American society, tfhe Subcommittee has begun a review of thie equal
employment, program of NASA. The demands of a technologically
oriented society are such that, potentially new emlploynent resources
must be fully utilized. Hence, the Subcomnmittee's interest, in NASA's
program centers not only upon the numiber of minorities and women
currently hired, but also upon the agency's efforts to increase the re-
source pool of technical employees from which NASA will select.
future employees. Extensive and "wide ranging data has been requested
and received from NASA. Currently under review by Subcoririnittee
staff, this data will deternmine the course of action to be pursued by the
Subcomiffittee.
SUMMARY OF ACTIVITIES OF THE SUBCOMMITTEE ON
MONOPOLIES AND COMMERCIAL LAW
Summary of bills referred to Monopolies and Commercial Law Subcommittee and
disposition
Bills referred to subcommittee -------------------------.------------- 231
Bills oi which hearings were held ......................-- : ---------- 9
Bills reported favorably to full colillittee ---------------------------- 2
Bills reported adverselyý to full cofiffiittee. ---------------------------- 0
Bilkbondingng i subcomnmit.tee -------------------------------------- 229
Bills reported to House --------------------------------------------- I
Bills passed ouse .--------------------------------------------------- I
Bills pending ill Ilouse --------------------------------------------- 0
Bills pending in Senate ---------------------------------------------
Bills which became law ----------------------------------------- I
Under its former designation as Subcommittee No. 5 of the Judiciary
Committee, jurisdiction over a variety of subjects inclui ding the Federil
judicial system, antitrist, and matters as assigned was traditionally
exercised. On June 19, 1973, Judiciary Comnmittee action resulted in
a change from a numbered designation of the Subc6om1m"litt, e to a. titled
designation as the Subcommuiittee oil Monopoilies and Conmiercial
Law. Much of its traditionifl and historical jurisdiction was retained,
including antitrust oversight t or legislative review jurisdiction.
During the first session of the 93rd Congress, the subcommittee
had referred to it 232 bills. Hearings were held on 9 of these measures,
of which 2 were favorably reported to the fullkJdicifry Comfiiittee.
Committee reports on one measure was filed with the House of
Representatives and, subsequently, became public law. In addition,
antitrust amendments to the Energy. Emergency Act (II.R. 11882)
prepared by the sul)comintfittee were incorporated into that Act and
accepted by the conferees thereto.
A summary of the principal subcomnfifttee activities follows:

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.
(24)
25
POCKET VETO

The subcouijihittee held a one-day hearing on Septemibir 12, 1973,


on the bill, H.R. 7386, to provide a rile in cases of the pockett veto"
for the iinplementation of Section 7 of Article I of the Constitution of
the United States. 'Jlhat. bill was subsequently agreed to by the sub-
(oulnhittee, ani(d is awaiting (till conitifittee consideration.
U.S. CONSTITUTION
During the first session of the 93d Congress, more than 75 Resohl-
liolt115 1oltn tlhe Co(istitittiom X6i1t respect to al)l)ropriations, busi-
ness, the congresss , Congressional districts, fedelen judges, Supreme
Court. Justices, a1idlpresidentiMl elections, were receive([ by the
sub eomn ifl tree.
ANTITRUST JURISDICTION

LEGISLATIVE

During the first session of the 93d Cougress, 48 legislative proposals


affecting the antitrust laws were referred to the s5tl)coillitt(,e.
In September amnd October, 1973 four dlay's of legislative hearings
were hl d on the complex Antitrust. Procedlures anod Penalties Act
(S. 782; II.R. 9203; 11. R. 9947). The proposed legislation is actually a
package of issues in three, distiiet areas: (1) The Antitrust Division
would be required to file an impact statement for each of its civil anti-
trust consent decrees; federiill district courts would be required to
determine if a profferedl consent. decr(e was in the public interest;
mecahiiftisns for p)ublicizi'ig proffered decrees and tlieir conients and for
assisting federal district couWits iii (ischargie'rt their new legislative
mandate areprovided; and, lobbying contacts by antitrust( defendants
with the Department of Justice wotldl be made ptlblic; (2) Sherman
Act fines would be increased to $100,000 for individuals and to $500,-
000 for corporate and otfer busifless entities; aid (3) Present provi-
sions foir convening a three-judge court tipon the fllthg of a governtient
antitrust case would ble repealed and procedlures for expJedlitiously
assigning one judge substituted; intermeliate appellate review of
interlocutory orders in govern'entit antitrulist cases would be enacted
for the first time; present procedtlres providing direct Supreme Court
review of goveniment antitrust cases from federAl district court adjudi-
cation via SuIpremie Court inandlatory jurisdiction w,•ohll be repealed(
and substituted, instead. wouldI be appellate procedures routing
adjudicat e'd goNvernn~t nitatitrust cases through the interin'ediat e
federal coilrts of appeals an-d Supreme Court (hiscretionary (certiorhfri)
jursidhiction except N~iten a 1)at-ty seeks "an order stating that imine-
dihate consideration of the apj)cal by the Supreme Court is of general
public importance in the administration of justice," the judge who
adjudicated the case grants such order, and the Supremie Court, in the
exercise of its discretion, does not remand the case to the federal courts
of appeal. In addition, relevant portions of the Commiuiiinications Act of
1934 and of the Interstate Comme~re Act would be repealed.
During Noveember and Decemnber, 1973 antitrust amendfi ethitts were
draf ted for inclusion in the House version of the Energy Emergency
Act), I.R. 11450 (subsequently, H.R. 11882). These amendments
26

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

agricultural industry; II.R. 9140, To divorce the businesses of pro-


dIction, refining', adi transporting of petroldiiiii prodticts from that of
marketing petroleum products; 1I1R. 9632, To regulate comiiIerce by
assuring adequate supplies of energy resource products will be avail-
able at the lowest cost to the consumer, and for other purposes; If.R.
10587, To anilid the Export Tra(de Act, as amen(Ied, to provide for
clarification of law, for prior Federal Trade Comniission clearance of
export trade associations, and for other purposes; and, IH.R. 11298, To
amend the Walsh-Ilealey Act and the Contract Work Houirs and
Safety Standards Act to change the workday for emplbyees who are
eml)loyed under contracts subject to those Acts from'eight to ten
hours per (lay.
INVESTIGATIVE
Early in April 1973, the subcommifittee became concernie(l about the
skyrocketing of food prices occurring in the first quarter of calendar
1973 as evidenced by public reports and statistics. As materials and
information on food'industry p)ricing were assembled an(l scrutinized,
the subcommittee became convinced that, an investigation into
competition and antitrust enforcement in the food industry was
essential. Subsequently, on June 27, 28; July 11, 12, 16, 17, and 19,
1973 investigative heariigs into food prices were con(Iucte(l. testimonyy
and statenients from spokesmen at every level of the vast food in-
dustry as well as from commodity exchanges and agricultural industry
representatives was obtainedI.
During the cofirse of the subcommittee's hearings on food pricing,
the President imposed a nationwi(le freeze on retail prices. Since
government regulatitin can freeze industry practices and high prices
that are the proiluct of anticoimipetitive conduct and niarket structure
as well as )ricing effects of untainted industry behavior, an added
objective of the investigative hearihigs involved an attempt to ascer-
tain if such occurrences had materialized. A subconithittee report
on these investigative hearings is expected to be issue(l during the
second session of the 93rd Congress.
At approximately the time of the subcomnUit tee's closing of its
investigative hearings into food pricing, a (Irastic and miprece(lented
nationwide rise in the price of soybeans was experienced. Without
hesitation, Chairmnan Rodino expressed his dismay over the possibility
that a few large corporations had worked ih concert illegally to raise
soybean prices to the Comiptroller General of the United States in a
letter, dated July 26, 1973. Chairmian Rodino riojuested that as utjart
of the imihinent GAO review of the Comnii'ility Exchange Authority
(CEA), that an evaluation of the a(lequAcy of thle CEA to deal with
manipulhitive I)ractices in the futures market, particularly in the
soybean trade, be made, and thit, the GAO staff be alert for other
questionable practices with possible antitrust inhiplications that could
he referred to or reviewed, additionally, by the Justice Department.
As prices continitedl to rise for certain fo6ils, particularly milk,
oranges, and tomatoes, Chairman Rodino correspondediWith the
Secretary of Agriculture on August 30. 1973 and requested" that an
inqciry be made by the U.S. Departmnent of AgriCtilttife to determine
if action under Section 2 of the Capper-Volstead Act was necessary to
insirre that the market power of apl)ropriate agricultural cooperatives
28

permitted by Section 1 of that, Act had not resulted in or (61fle ill


dlangeroils proximity to mono6poly power over certain fodd prodi!ts.
Ini May 1973, the'sul)colinlfl'tee becalne concerned al)60t a number
of developments in the oil industry: A prolifort'ion of voluttary
allocation plitis amnouneed by large, integrated oil coninallies followed
by Seemingly ranid-fire ehancves thereto, ostensibly needed to cope
with a gasoline hge
t predictedti
for the sunimer of 1973; allegations
that tle bottleneck in refifilryv Oittllmt of domestic oil complifiies
evidenced undlule eceonomnic l)power of ihe majors and a concentrated
market structure inititla.l to the free enterlrise system; shortages of
refined prodtCtts were aggravated by seemingly coineertld action of the
large majors intended to withhold supplies and, thereby, squeeze out
thindependentsin the retailing sector of the oil industry; incipient
pricing patterns anld c6mplaitts about, pricing that appeared to
emulate more matuire (levelolimenlts being experienced in the food
industry; and, a blossoming.nalvertising calliphiggn by oil comalnlies
that aplpenred to impute the seeming overnight shortages in petroleftln
spli11es to causes wholly outside an indlustrv widely relute(I to be
the nation's most, sophisticated industry and 11(i of its mostlyprofitable.
Chairman Rodino, therefore, diiectefd the subconmihittee staff to
collect, factual (111t.l on a nubil er of issues in prelparati6ll for possible
investigative hearings to follow thle food price. hearings about to
hommience. By mid-June 1973, the Antitrust IDivision anid the Federal
Trade Commission had received reqluiests for information and oil
industry datia. Shortly thereafter, other federal agencies, incltluding the
Interior and Treasury Deplartmiients: a number of integrate ed and
non-integrate(l oil coninpaies; and, independent organizations, for
example, the National Sciemice IFounmdation: all hiad been eontapted in
the search fir factual information concerning recent (levelopmnenlts in
the oil indlu.try.
In the interim between the transmission (if Chairman Rodino's
requests for infortmnatithi and thie receipt of in ~tial and follow-il) re-
Sl)onses in August mid Sel)teml)er, 1973, the Fe(depl Trade Commission
in July, 1973 filed major litigation agains-t Ill oil industry's eight
largest producers in which i rv structure formed a cornerstone
rdimst
for requested judicial relief; and, the Antitrust Division, in the same
month, convened a granl jtUrv in Los Angeles, •alifornit seeking to
investigate a widle variety of possible I)ehaviolra! antitrust offe'InTeS
by large oil companies.
These (levelopinints in the voilrlts, initialted by the federal enforcers
of the antitrust laws, preceded the intilrtidcltioh of nouImer(iusin bills the
designed to COl)v with tthe energy crisis generally nhl problems
oil industry in 1)articillir, mo.t of which, Iecaume of jurisdictional
factors, were assigne(l to' other ('omiflittees.
This sul)btc61fii'litpe's early invest ieaive endeavIors into antitrust
aspects of oil industry shortages anti an alleged crisis bore fruit in
four areas: (1) active and vigorous sulp)f)rt.for thie antitirst amend-
ments in the TrAns-Alaskan Pipelineo Bill; (2) drafting of antitrust.
amendments subsequefitly incorporated into the Energy Emergency
Act; (3) subconim" ittee support for mandatory allocation measures
and antitrust provisions in the Emergency Petroleum Act of 1973 that
was signed into law on November 27, 1973 (Public Law 93-159); and,
(4) the introduction by Chairiiman Rodino of proposed legislation
29
seeking to embargo the export of (IotiC l)lroeicals a1d petro-
chemical feedstocks vital to tile.domestic vinyl, filni, plastics, p1iat,
resin, syntheitic rubber, agricultural cheiiiicals, ink, and other intdus-
trios allied to the oil indulst.ry alid characterized by many small IAu.si-
nesses, because anticonmpetilive economic (1fleets'iit lhese industries
(luring petroleum short ages and allocations were l)articthlirly
picious.
Following the sUnifier of 1973 lntitneeliin(1t by the Board of
Governors of the Federal Reserve System ("Board") that. it intended
to conduct hearings in Noveimlber 1'973 on a aehelral I)IoIosal
l)laced
before it by bank holding comfl)ailes ("13M;s") namely, 1 that the
operation of savings and loan association ("S&l's") 1)e added to tile
list of activities that are closely related to banking so that the aciqtlisi-
tion of S&L,'s by" 1I31's can be atlthOized bv fhe Board purstlilit, to
statulory authority\ allegedly\l-ovidd ill Sevtioni 4(c)(8) of the Bank
holdltig'(Company Act of 195( , as ainielld, the slll)romnniit tee under-
took to investigate the fact nal anld legal issues it ptereived in this
prospective agetCy action.
It at letter of ()etoher 23, 1973, to tie Boarid ('liairninn, ( lhairinan
Rodiio expresse(l vigorous Il11d Cotllireheliv'e O)l)OS.ition io the
Board's hearings on the following groups, inler alia: (1) the Board
lacked jilris(lietion or al lniiit lra 1.ve power to 11u tllrize such merers;
(2) seImrate staltutor" svhwm,.ie for the reuinlmltion of lInk., andill(Cs
and for tlhe r'eglaltion-of S& l.'s and savings an(! loan hIolding comiliianis
did not. Iiieshl a1i(l, together, eXlresseld a1('gong'tssional inhtntonio thitit,
did not co(otemlllote lith recon(iliamtioi Of these sellarale sc(hemlie.s of
regulation by the, Board; (3) Board autiot) woulil set in motion basic
changes in the relationAhipjs between tinnuicial institutions:. thilt woilil
be far reachling a11 suit abl, lhwreforo, for legihlat ive and u1o adlmin-
istlrative action; (.0) tOelroZsidellt only reient ly hadl .eut to C(congress
his Recoilihendlllatiols for I1inandail ('hauge 1 l('teri ved from tile report
of the Prei4(lent's Coiiiiissiot oil l11'inafli0 ,t1('tr11o
l and( Ret.lllatioi;
(5) the S&I. industry is stron,.gly committed to rov\'idin,.g housing
credit duriiling all phases of tle crediV t (vele whereu; coniulerd-al bank,;
have always given lirst preference to' their. lin'nes,;s customers, a1n(d
(luring inflaltionaillrv an1d other periods, ration credit; ((;) S&L's are
specialize(l instittiltionli that fill lie, re-sidlentitil mortragre gap created
by lhe failure of other lending instlitutitons to make adtqualte iol'tlgage
loans; (7) aminis-trativ'e expert iB in (lealile. with S&.L's ha), been
vested( Iby tile o in tlihe l'ed(eral 1) lo l.oan IHak Board;
ilelss
(8) the tiuining of tile Boalrd's hearings was against llhe pIl)lic iitierest
since, on its face, the Board's prolpo.al of a novel isque ,,f law seeking
to permit new 1(nd more types of corl)ortite mergers (-an only' serve,
to fuel tihe persiste•it inlla't ion a1id l)roliferate prol)lenis eng.i(ltered
already by itu; andi'] (9) direct antitrust consi(leriltions are raise(l by the
specter of a serious and ilrol)al)le 61i9-r11ii tl'hreait of I111(l0 coneot ra-
tion of tiniinlilil resources if the two lIargest financial (and (lepo~itory)
institutiions are allowed to nierge.
Although the Board's hearings o'loewd att the end of Novenil)er, by
year-end 1973, it, lad not rendered a jiudglent. oil its general proposals.
Further sutbooniffimit tee action hinges, niiatiurally, on tile po•itidn iolti-
mately taken by the Board.
30
ANTITRUST OVERSIGHT
Historically and, as a practical matter, necessarily, the subcom-
mittee, on a" continuing basis, corresponds and otherwise communi-
cates with executive and in(lependent agencies charged with enforcing
or alpp)1 iIng antitrust law or i)rineil)les, concerning the niannier in
when these agencies are administering and l)romoting antitrust pre-
cepts. Inquiries from1 the subcommittee have taken the form of ques-
tions (lealirig with actual or plannMd specific agency action; or,
questionnaires aimed at the policies, Iroce(lures, and practices of an
agency. Responses to stbeommnit tee inquiries are essential if the sub-
commnittee is to keel) abreast of current antitrust problems and facili-
tate the subconiilittee's follow-up (locunlentation of the maieifibr in
which piilblic and internally generated comi)lainlts of antitru.st viola-
tions or anticomp)etitive anrd nioftol)olistic practices and ci'cumnt ances
are handled by these agencies.
When the subcommittee announced in April, 1973 that it was
scheduling investigative hearings into food industry l)ricing an(l
structure, Chairifian Rodino specifically enunciated as objectives of
those hearings an oversight inquiry into the activities of thle Justice
Department that would include legislative scrutiny of the Depart-
nient's enforcement of the antitrust laws and the promotion of com-
petition in the food indiu.4try; Departmental plans forntulated in light of
skyrocketing price increases (luring a period of goverihinental economic
controls; and, on exploration of the extent to which certain practices
and food industry structure were by law insulated from the normal
play of competitive forces.
During the subconiimiittee's food price investigative hearings, the
subCcomidit tee and niany of its witnesses repeatedly expressed the
beliefs that vigorous enforcemPnt of the antitrust laws is one way to
obtain sonie relief from high food prices and tliiht when competition is
not permitted to work with fullforce, the prices consumers face in the
marketplace are higher thann they otherwise would be. In fact, Chair-
man Rodino conel lded his statement opening these investigative
hearings by observing:
It is the dfity of this subcoifimittee to oversee the en-
forcement of tile antitrust laws. We must have the know]-
e(dge to insure that the operations of the Departmefit of
Justice in this area are carrie(l out, with the vigor that Con-
gress intedl(led when it enacted those laws. In a very real
sense, knowledge is power.
Too often in the past, the Congress, by failing to keep
itself informed, has become powerless to act wisely, and
l)owerltess to keep the people informed. Lack of inforniiition
particularly is hazardous in the area of enforcement of the
antbitrumst laws.
The knowledge and experience of the antitl'must enforcers
must be generally and continously available to the legisla-
tive branch if we are to forimfilate wise public policy, and so
the need for these hearings.
Moreover, because the history of the Nation's antitrust laws and
their developinmit (lenionstrate that serious anticomfipetitve practices
having national inipaet follow the lifting of governmiifit econ6iiiic
31
controls, as evidenced by antitrust, cases following the end of both
World Wars, the Koreain War, and the abolition of the NRA in the
1930's; and, because the long record of antitrust violations by the oil
industry and its members; tlie sul)comniittee, in Jufie, 1973 naturAlly
commenced its investigation into oil ilnidustry developmeiits with a.
comprehensive questionnaire ad(lressed to the. Assistant Attorney
General for Antitrust of the Justice Department.
On the Floor of the House of Representatives on Jtine 30, 1973,
Chairman Rodino speaking in his capacity as Chairminih of the House
Judiciary Conitiiittee as well as Chairiiiin of-its Monopolies and Com-
mercial Law Subcommittee, eniphasized:
Other major recent developments include efforts by this Committee to fully
implement the legislative review (oversight) function mandated by the Legislative
Reorganization Act of 1970. It is the intent of this Committee to periodically
evaluate programs authorized by this Committee and to Mlosely scrutinize the
activities and operations of the Department of Justice over which this Committee
has exclusive legislative jurisdiction.
I intend to effectuate fully Clause 28 of Rule 11 of the House of Representa-
tives which requires "each standing committee (to] review and study, on a
continuing basis, the application, administration, and execution of thoso laws,
or parts of laws, the subject matter of which is Mithin the jurisdiction of that
committee."
Shortly thereafter, and in part because of informiation obtained
in the course of the subconlinittee's investigative hearings on food
pricing as well as the Justice Department's response to the subcom-
mittee's questionnaire concerning the oil indiistry, the subconifimittee
announced the initiation of a broadler, more cont iiuous type of over-
sight inquiry into the Antitrust Division. On Jtuly 18, 1973, key
personnel oftthe Antitrust Division were advised of three general areas
of subcomtihittee concern: (1) the need to inform the Congress of the
Antitrust Division's organization, filnction, and procedhires; (2) an
identification of manuigenient and budgetary weaknesses affecting
performance in antitrust enforceiitent; and, (3) an evaluation of anti-
trust enforcement as to fairness and consistency in handling com-
plaints, investigations, and cases. Arrangemriets were made,
subsequently, for the submission of statistical information and for
procedures for interviewing Antitrust Division personnel. Presently,
negotiations are planned for l)ernlitiiig subconinitt ee examination of
Antitrust Division files. Ultiniately, the Comniittee plans to issue a
report and may possibly conduct hearings on this subject.
The subcoinmittee takes note of at least two developlmenls occurring
within the Antitrust Division sul)sequent to July 18, 1973: (1) the
structure of the Antitriugt Division has been completely reorganized;
and, (2) shortly before year-en(l 1973, the Antitrust Division an-
nounced a new and liberal policy for public access to the Division's
Business Review Letters issued at the re~jest of corporations and
informinig such corporations of Division antitrust, enfo1rcenint inlten-
tions for plans of action and other corporate action submitted for
review.
Finally, as a result of its oversight responsibilities for antitrust
enforcement, the subconimilittie in September, 1973 conducted an
inquiry into public reports of (then) Deputy Treasury Secretary
William E. Simon's atteniot.s to meet wxith the Federal Trade Com-
mission Chairman for the purposes of having the FTC modify or
withdraw its July, 1973 litigation against the Nation's eight largest
32
oil companies. Subsequently, Chairiniin Rodino publicly approved the
FTC's response to Mr. Siloin's requests for meetings and/or discus-
sions concerning the oil industry antitrust litigation; reiterated deep
concern both about the enforcement of the antitruq.t laws in the oil
indlusxry and with any interference, real or apparent, with the anti-
trust, enforcers' attenipts to (lisclArge their legislative mandates; and,
enthusiastically concurred in a recent restatement of ai fundauiiental
principle by the United States Supreme Court, "It is not only im-
portant that the Government and its employees in fact avoid prac-
ticing political justice, but it is also critical that, they appear to the
public to be avoiding it, if confidence in the system of representative
Government is not to be eroded to a. disastrous extent."
LAW ENFORCEMENT AssISTANCE ADMI NISTRATION
NMost of the subcomniittee's efforts during the first half of the first
session of the 93rd Congress focused on the bill I-1.R. 8152 to extend
authorization for the Law Enforcement Assistance Administration
(LEAA) and to significantly amend Tritle I of the Omnibus Crime
Control and Safe Streets Act. of 1968. Hearings were held on March 15,
20, 22, 26, 28, 29, 30; and April 4 and 5, 1973.
The bill was reported to the full Committee on the Judiciary for
its consideration on .May 30 and May 31, 1973, and approved with
ame•nldiiienits by that Comnmittee. T"he full Conmjitntee Report on
H.R. 8152 was filed in the House on June 2, 1973, and the bill, with
amendments, passed the House by a record vote of 391-0 on June 18,
1973.
The Senate passed H.R. 8152 with amendments on June 28, 1973.
The resulting Conference on H.R. 8152, chaired by Mr. Rodino,
filed its Conference Report in the House on July 26, 1973 (Rept. 93-
401) and in the Senate on the same (late (Rept. 93-349). The House
agreed to the Conference Report on August 2, 1973 and was signed
by the President August 6, 1973 (Public Law 93-83).
The new Public Law represents what the Committee believes is a
major step forward in the fight against crime. A major, fifty- p age
piece of legislation it makes a. variety of amendments to Title I of the
Safe Streets Act that. established the Federal Law Enforcement
Assistance Program.
Most imnp)ortantly, the bill authorizes apl)ropriations for the next 2
fiscal years for the Law Enforcement Assistance Administration
(LEAA), created by the 1968 Act as a finainciiil iinid tede'imieil partner
for State and local'governinbits in reducing crime and improving the
Nation's criminii al justice svste'm.
Additiomially, the new language addresses those deficiencies that
have most severely hanipered aspects of LEAA performance in the
)aust.
T'he bill eliminiates the unwieldy "troikal" svst em as LEAA adhIlliins-
tration, and rel)laces it with a single Admi'nistraitor and a Deputy
Admniiiistrator appointied by the President with the advice and consent
of the Seaite.
It makes more emphatic the intention of the Congress that monies
exl)ended under this Act address all osp)ects of the crimiiil justice
system-not merely police, and not merely the l)urcliase of police
33
hardware. Tihe Conmmittlee, to ciarafy thoi end(, has added the words
"landcrimiiinal justice" to the words "law enforcement" wherever they
appear throiughout, the bill. Thits, for example, a part of the Declara-
tionf and Purpose Section of the Act is amended to read:
It. k, therefore, the declared policy of the Congress to assist State and local
governinehts in strengtheningand iniroving lawv enforcement and criminal justice
tt every level by National a.sistance.
Also in this regard, the,Cooniilittoe has broadened the defiflition of
law enforcement and criminal justice to include prosecutorial and
defender services, and has defined "comlprehensive" as it relates to
l]ans. under the At as "'atotal and integrated analysis of the prblblenls
regarding the law enforeeinont and criminal justice systemit within the
'l'he, purpose of rehabilitating criminals as well as the simply
Act. detecting
,
find app'rehending thtein is added to the purposes of
The (i'mnmnit~tee r'ejected1 proposals to (convert this program into a
-slmjple ''no strings ait hiched'' special revenue sharing p1'oarain (1I.R.
5613), andl in so doing ret aineol Federal reslpons-ibility for wcriniiistering
the program 111and for assisting thle Sttes, ill cofi jwehiensive planning.
SUMMARY OF ACTIVITIES OF THE SUBCOMMITTEE ON
CRIME
Summary of bills referred to Subcommittee on Crime
Bills referred to subcommittee --------------------------------------- 82
Bills on which hearings were held ----------------------------- 9
Bills reported to full -coiibittee.------------------------------------ 0
Bills pending in subcoinnittee --------------------------------------- 82
Subcoinmfiittee No. 6 was created d(iring the first, session of the 93d
Congress w~ith general jurisdictions over bills as assigned and special
jurisdiction over revision of tile laws. On June 19, 1973, the Judiciary
CommIittee adopted Rule VII which, in effect, reorganized its sub-
committee structfire. Accordingly, Subcommittee No. 6 was designated
the Subcomfinittee on Crime.
The subcoinmittee retained all previously referenced legislation
including financial disclosure by public officials, commnifinity crime
prevention, genocide, amendments to the Administrative Procedinre
Act, crimes relating to the banking indfistry, and the term of office of
the President and Vice President. ihe. subconiimmittee's responsibilities
were extended to include speedy trial legislation and oversight of the
Law Enforcement Assistance Adjministration in addition to other areas
of crime.
COMMUNITY ANTICRIME ASSISTANCE ACT

The subcommiititee conducted three days of public hearings on the


Coimnifnitv Anticrime Assistance Act of 1973, H.R. 9175, a bill to
provide federal assistance to cities, public agencies, anti non-profit
private. oranizatiois for the l)Urpose of involving citizens construc-
tively in the criminal justice system in order to reduce. crime and im-
prove commlitnity relations. Witnesses testifying before the subcoin-
mittee included Depputly Attorney General William D. Ruckelshatts;
CongressmeniJonatfhan Binghaiý and Pete Stark; John V. Lindsay,
mayor of the city of New 'York; and representatives of the Nation'al
Urban League and New Detroit.
The subcommittee intends to ]0old further hearings on this legislation
during the second session.
ONE SIx-YEAR PRESIDENTIAL TER-
TheIeoltion
subcomniittee. heldlilfit/
whNichwellW-d a 1-day hUl)lic hearing on six House joint
resolutions w h w , the terms of office of the President anll
Vice Presidenit, to six vears. Wifinesses testifying . before the subcomli-
mittee were Congressmen E (e lia Garza, Williaim Frenzel, and Charles
E. Cham'berlain, in addition to Theodore C. Sorensen, former special
counsel to President Kennedy.
(34)
SUMMARY OF ACTIVITIES OF THE SUBCOMMITTEE ON
CRIMINAL JUSTICE
Summary of bills referred to the Subcommnittcc on Criminal Justice
Bills referred to subcomitnlttee --------------------------------------- 98
Bills on which hearings were held ------------------------------------ 72
Bills reported favorably to full coimnittce ---------------------------- 1 4
Bills reported adversely, to full committee ----------------------------- 1
Bills reported to House --------------------------------------------- 4
Bills passed House ------------------------------------------------- 2
Bills pending in Hiouse --------------------------------------------- 1
Bills pending in Rules Committee ----------------------------------- 1
Bills pending In subcommittee --------------------------------------- 20
Bills which beeame law --------------------------------------------- 2
1Action disposed of a total of 78 measures.

During the first session of the 93rd Congress, the Subcommiti{,tee on


Criminal Justice held 12 days of hearings and 30 meetings.
PROPOSED FEDERAL RULES OF EVIDENCE

The Subcommittee successfully processed with amendments, S. 583,


legislation to defer the effective (late of the proposed Federal Rules of
Evidence. This measure was approved by the President on March 30,
1973, and became Public Law 93-12. Public Law 93-12 provides that
the proposed Rules of Evidence will not become effective until ex-
pressly approved by the Congress.
Six days of hearings on the proposed Rules as transmitted by the
Supreme Court were held durifig February and March, and were
Published at the end of April. Distribution was made to all who had
requested copies and to all who had participated In the hearings
through oral testimony or written submission. The Subcommittee
held 17 markup sessions on the proposed Rules, introduced in the
House as HI.R. 5463. On June 26, 1973, the tentative recommendations
of the Subcom miittee were published in the Congressional Record,
with a request for comments from interested parties by July 31, 1973.
On June 28, 1973, these reconiiimendations were also printed with
Subcommittee Notes and distributed throughout the country with a
similar request for comminnts.
The comments received were evaluated (luring the August recess of
the Congress. Immediately after Congress reconvened in September,
the Subcommittee held five meetings to reconsider its tentative
recommendations in the light of the comments received, and ordered
its final recommendations, embodied in H.R. 5463, reported to the
full Committee on October 2, 1973. These final recommendations were
reported to the full Committee in three sessions beginning on October
10, 1973. The full Committnue favorably reported H.R. 5463, amended,
on November 6, 1973, as reflected in House Report No. 93-650. A
request for a rule was made on November 21, 1973, and remained
pending before the House Rules Committee at the close of the session.
(35)
36
Tihe Subcommittee published a Supplement to the Hearings on tile
Rules of Evidence aind (istributed al)l)roxinlately six hulflred copies
to inereste(l organizations and idlwlividuhls. 'his Sllupplemint contains
the coni~ff,'iits receive(l oil the tenttative draft of the Rules, the tentative
Subcommittee reconinlnidations of June 28, 1973, and the final Sub-
committee recomiiwindati6ns of October 10, 1973.
REFOJIM OF Tile FEOERIIAh CRIMINAL CODE

During jJuly and early August, the Sul)coififiittee convened three


times to hear a representative frofi thle 1)eparthlent of Justice present
an informtil- overview of H.R. 6046, the Administration's proposed
"Criminal (Code Reformi! Act of 1973."
WATR(ATE GRA NDJUR"

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

'The Subcommittee met, on October 31, to consider 11. Res. 634,


re.solving that. the Acting Attorney General shall furnish to the House
of Representatives, papers, documents, etc., in tlhe custody of Special
Prosecutor Cox as of Saturday, October 20, 1973, and agreed to report
adversely on this Resolution.
SPECIAL PROSECUTOR LEGISLATION
Seventy-two bills and resolutions to provide for the appointlnent
of an independent special prosecutOr were introduced in the House of
Representatives andreferred to the Sub4commiiitee. The Sulbcomnitt te
held 5 days of hearings on these proposals from October 31, 1973,
Through November 8,1973. On November 12, tie Subcommittee ordered
reported-to the full Coirimittee a clean bill, H.R. 11401, providiiig for
aplpointmient- of anl independent special prosecutor by the United States
District Court f6r the District of Colfirmibia. On November 13, the-
full Committee ordered this bill favorably reported to the House.
Trhie Report was filed on November 26, as House Report 93-660 and
a rule was requiested. Although the Rules Committee granted an
open rule on Dectnber 3, the bill remained pending on the House
Calendar at the close of the session..I
SUMMARY OF ACTIVITIES

REVISION OF THE LAWS


SUPPLEMENTS TO THE UNITED STATES CODE

Final editing and publication of cumulative Sipl)plement II to the


1970 edition of the United States Code was completed after the
adjournment of the second session of the 92d Congress. It. contained
the general and permanent laws enacte( d(iring the 02d Congress,
and cotisis(ed of two volumes totaling almost 2,300 pages. In the
second session 383 plul)lW laws were enacted, making tile total for
the 92d Congress, 607 publlic laws.
The work of reviewing and classifying the laws to the United
States Code is a continuing operation. As of the (late of this report,
approximately 200 public laws of the Ist session of the 93(1 Congress
have been reviewed for classification to the Cod,',, and work on the
remainder will be compltted shortly. These laws will be incorporated
in cullmlulative supplement 111. To expedite the publication of that
supplement, codmmencitig August 15, 1973, the (,ommitt e's law
revision counsel ftithihed p.triuer's copy to the Government Prinhting
Office. The copy delivered iflulhded all 50 titles of the Code, conlaining
laws through Public Law 93-101. Over 2,550 galley proofs have been
returned, and the proofreading and revising thereof has been comn-
pleted. The later laws will be inserted on the galleys which will then
be returned for page proofs. it is expected that sup)plement IV will
consist of three volumes.
NEw EDITION OF THE DISTRICT OF COLUMBIA CODE
Work was completed on the preparation of the new edition (1973)
of the District of Columbia Code. The new edition contains all the
general and permanent, laws relating to, or in force in, the District
of Columbia on January 2, 1973, except such laws as are of applica-
tion in the District of dolumbia by reason of being general and per-
manent laws of the United States. Preparation of the copy involved
a total of 5,900 sheets and more than 21,000 cards. Nearly 7,400
galley proofs were read and revised. The new edition consisted of
3 volines totaling 3,685 pages. Editorial imnproveiieflts appearing
in the new edition include (1) codification notes appearing under
each section of the District of Coltifiibia Code that is also classified
to tho United States Code, (2) pardIllel reference tables covering
District Of Coltihiibia Code sections also classified to the United States
Code, and vice versa, and (3) an index of acts cited by popular name.
SUPPLEMENT I OF THE DISTRICT OF COLUM1mIA CODE

.Imtmfediately following coinpletion of the 1973 edition of the Dis-


trict of Cohitfibia Code, work was c6oiitfiieedoncunif llative supple-
(37)
38
ment I of the Code. Preliminary work resulted in the delivery of copy
for printing of annotations and laws through Public Law 93-92. More
than 200 galley proofs have been returned, proofread, and revised.
This supplemeitt will reflect the laws enacted during the first session
of the 93d Congress, including the District of Columbia Self-Govern-
ment and Governmental Reorganization Act, approved December 24,
1973.
ENACTMENT OF TITLES INTO LAW
The committee's program of enacting the titles of the United States
Code, with the view of making the entire code law that can be amended
directly, continued during the first session. Progress was made on re-
vising and updating a bilF to enact title 49 of the United States Code,
"Transportation", which was introduced as H.R. 14391, during the
second session of the 92d Congress. It is expected that the bill will be
ready for introduction during the next session of the Congress.
The committee's program of enacting the titles of the District of
Columbia Code progressed with additional work on the preparation
of a bill to enact the first. 10 titles of the Code, relating to the govern-
ment of the District. Enactment of the District of Coluimbia Self-
Government and Governmental Reorganization Act on December 24,
1973, will require substantial review and updating of the materialnow
in draft form.
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