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These documents were scanned from Box R34 of the Gerald R. Ford Congressional Papers at the Gerald R. Ford Presidential Library.
FOR IMMEDIATE RELEASE
JULY 25, 1973
OFFICE OF THE WHITE HOUSE PRESS SECRETARY
THE WHITE HOUSE
PRESS CONFERENCE
OF
SENATOR HUGH SCOTT
AND
CONGRESSMAN GERALD R. FORD
GERALD FORD LIBRARY
THE BRIEFING ROOM
10:45 A.M. EDT
MR. WARREN: The President met with the Republican
leadership of the House and Senate this morning for an
hour and 45 minutes to review a long list of legislation
now pending before both Houses.
Senator Scott and Congressman Ford are here to
discuss that meeting with you, and we will start off with
Congressman Ford.
CONGRESSMAN FORD: Thank you very much, Jerry.
The discussion involved the status of legislation before
the House and Senate and the prospects for affirmative action
prior to the recess, which begins a week from Friday. There were
15 major areas of discussion, with Senator Scott and myself
dividing up the progress reports. In addition, there
were 20 other matters brought up involving legislation.
I would summarize by simply saying that as you looked
at the batting average or the scorecard, the record
prior to the recess doesn't look like its a very
effective or affirmative congressional batting average.
Unless we do a lot more than what it looks like we are
going to do between now and August 3rd or 4th, I think
the record of the Congress at that point will be less
than a good grade or score.
SENATOR SCOTT: The 35 bills on the agenda were
not all inclusive; there are more up there. We discussed
15 on the first list at some length, and then about eight
on the second list, and the President was brought up to date
on the status of all of these matters and indicated there
would be an Executive Session of the Cabinet tomorrow,
where they will be informed of our report. Interesting
discussions because we went into the prospects of all
these matters, and we believe that some of these will
be disposed of. LEAA is the best illustration of it.
That is almost ready to come to the White House.
Q
Which one, sir?
SENATOR SCOTT: LEAA. There are others which will
work their way down here, but by and large, the Congress
has not responded very well to the requests. The President
is entitled to an up or down vote on these measures, it seems
to me, and many of them are of the utmost importance to
the country and we hope, and will plead with the majority,
to get more action on these measures. Not a single appro-
priation bill has yet come to the President.
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- 2 -
Q
Did you discuss the Watergate tapes and
the President's position on turning them over, and did
you try to change his mind?
SENATOR SCOTT: It was a legislative meeting,
Helen, and we didn't discuss anything but the legis-
lation. We had considerable discussion, for example,
on the trade bill and other bills. We didn't discuss
FORD LIBRARY
your topic or any other topics, except the legislation.
2
Did you discuss, Senator, the possible
effect of the whole Watergate situation on the progress
of legislation?
SENATOR SCOTT: No, we discussed the legislation
itself, and in my view, I see no reason why a legislator
confronted with a bill would try to determine what he
is going to do on revenue sharing or the bicentennial
organization or the Alaska pipeline according to how he
might feel about Watergate.
I think that is a sort of tenuosity which has
very little bearing on the way legislators operate.
That is more in the speculative field. I haven't seen
evidence of that.
Q
Senator, what is your position on the
release of the tapes? Do you have any alternative
solution?
SENATOR SCOTT: Well, I have expressed an
earlier opinion; the decision has been made. My view
was simply an expression of hope that some way might
be found selectively, and in the President's own time,
and in his own forum, that he make comments, but
the President has made a personal decision after the
lengthy listening to the tapes.
He has considered all of the options
pro and con. The desirability of establishing the fact
that they show what he has said is true and accurate,
is a consideration on one side. On the other is the
fact that the release of the tapes would create an
ambiguous situation in that every conversation in
some way relates to an earlier conversation, and that
to an earlier one, and so on, and it would be very
hard to sort the tapes out.
Moreover, impressions are sought to be given
that there is no way of telling whether the tapes
are themselves accurate or not, so that the President
has made his own decision on that and now it is a
matter for the courts and, as a lawyer, I think I
would rather leave it to the courts.
Q
Senator Scott, do you believe that the Senate
committee is entitled to the tapes?
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- 3 -
SENATOR SCOTT: I believe the Senate committee
has the power of subpoena and is entitled to find out. I
don't know that they are entitled to the tapes. That is
up to the courts, and the courts quite possibly will
decide that they are not. As you recall, the Supreme
Court once said, a Justice, that the law is what we say it
is. That is still our system.
GESALD, FORD LIBRARY
Q Senator, I think it was March 20th
you came before us and said the President looked you in
the eye and said, "Hugh, I have nothing to hide." Is
that still your feeling, your impression, of what his
situation is?
SENATOR SCOTT: Ted, it is. I came here, I
said that to you then and I stand by it. I offered to
make that statement to the press on my authority, and
the President said, "No, make it on mine," and I did.
On the 20th of March in the morning, with Representative
Arends and myself present, we heard the statement made.
I believed it then, and I believe it now, as
of the 20th of March, and I believe, with the exception
of two other dates offered by a single witness, uncorroborated,
and a single witness alone, there is no other evidence
whatsoever to contradict what the President said that
day so that I have not, as a lawyer, seen any reason
whatever to do other than to accept the President's
statement.
CONGRESSMAN FORD: Hugh, may I add a comment
there. I agree entirely with the statement made by
Senator Scott. I believe the President, I think he has
said everything and I think he has been entirely truthful
with the Congress and with the American people.
I had, previous to this last week, indicated
that on a selective basis that some of the tapes could
be released. But the decision has been made. I think
the matter is now a matter for the courts. I think it
was a close question.
I am told that the President himself personally
reviewed the tapes, and that after listening to the
arguments of good constitutional lawyers and trying
to evaluate what might have been good politics against
what was good law, the President has decided that the
tapes should not be released, and the decision ultimately
will be made by the courts.
There are all kinds of very difficult questions
that he had to decide, and putting it in a much smaller
context than his problem, let me give you an illustration.
I have a very top-grade administrative assistant. We
talk continuously about what my attitude, what my point of
view might be on a legislative matter or anything else
involving the confidentiality of my office.
If I can't talk frankly and freely with that
person, who is the top man in my office, without every bit
detail involving my decision, our discussions
won't be very meaningful and I think this, in a much
smaller sense, is precisely the problem the President
had to decide on a very broad sense involving constitu-
tional issues as well as personal decision.
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- 4 -
And, although I had felt otherwise prior to
the announcement of the last few days, I can respect
the decision and the decision, which is a serious
constitutional issue, will be, and ought to be, decided
by the court system.
FORD & LIBRARY GERALD
Q If this is going to be decided by
the courts, does the President's refusal to give up
the tapes create an impression in the public's mind
and in the minds of your constituents, for example, and elsewhere
that he has something to hide in the tapes?
CONGRESSMAN FORD: I am sure there are some, but I
think the American people, on the other hand, there are
many who feel that the President was entirely right.
So, you get this balance both ways.
It is my understanding, as Senator Scott
said a few minutes ago, that at a proper time in a proper
forum, there will be a discussion by the President of
what has taken place or transpired in the committee,
but in the meantime, the fundamental issue of the
availability of the tapes is one that is properly
in the court, and the court decision will be the final ----------
Q
This morning, Senator Dole said that he
thought all but a very few Republican Members of Congress
in both Houses felt that the President should make
those tapes available. Do you think his assessment,
his head count, is correct?
SENATOR SCOTT: Bob, I honestly don't know.
We have made no poll of that. Yesterday at our luncheon it was
about even. I think about three people expressed an opinion
one way and about three the other. I recall that
Senator Ervin argued most persuasively and successfully
before the Supreme Court that Senator Gravel was not
required to give information which he was unwilling to
give, and thus the privacy of a Senator and the Senator's
own personal actions was preserved.
I am equally sure that if this gets to the
Supreme Court, that the Court would feel as it does about
its own papers. I can't see Warren Burger or the other eight
members of that Court permitting anybody to see their
notes, or their privy conversations, before they arrive
at their decisions.
I think the same right exists with the Executive
department that exists with the Judiciary, and I agree
with Senator Ervin when he made that very persuasive
case on behalf of all of us when he argued the other
side precisely of what he is arguing now. That is a
lawyer's privilege. I am afraid we have all done it.
Q
Senator Scott, are you disturbed by the
Harris Poll, which is saying today that the public by
a 51 to 37 percent margin feels that Mr. Nixon was
wrong not to testify; secondly, that by 60 to 30 percent
they feel Mr. Nixon was more wrong than right in
declining to give up documents, and then the last one by
a 50 to 30 percent edge they accept Mr. Dean's version
over Mr. Nixon's. Does this disturb you, especially
from the standpoint of the image of Presidential
leadership?
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- 5 -
SENATOR SCOTT: It disturb me from another
standpoint, and that is that the public is being asked
by the poll takers to make a judgment without having
heard the full story. It is almost as if you took a
poll of a celebrated jury trial matter halfway through
GERALD FORD LIBRARY
the proceedings before hearing all of the witnesses
on both sides.
Moreover, you have the enormous coverage of
television, you have the perfectly beautiful impact of
Mr. Dean's childish face and happy grimaces, and the
public probably being influenced by that and by what is
being written.
The President will make a statement in which
he will respond in full and in detail to all of these
statements. That is the time to get a poll, and that
is the time when I think you will find that the people will
make a judgment favorable to the President and unfavor-
able to those whose motivation is an attempt to ease
their own personal condition.
So that I think these polls are hardly
accurate of a long-term view of the American people. I
would rather see what the American people say after they
have had the President's reply. And, of course, the
President can't reply until all the witnesses are under
oath and have told their stories. Then you don't have
a chance for anybody to have some second thoughts
in response.
CONGRESSMAN FORD: I think it is also inter-
esting, as long as we are talking about polls, I think
one of about a week ago indicated that if we had a
rerun of the last Presidential election, Mr. Nixon
would still beat Senator McGovern by a reasonably
comfortable margin.
Q
Is that your standard? Is that the
basic standard?
CONGRESSMAN FORD: We were talking about
polls, and the significance of them, and the most
important poll in the United States is what happens
every four years involving a President and the election
of a President. I agree with Senator Scott that it is
very premature to pass judgment on what the public
reaction will be because the committee hasn't concluded
its hearings.
And some of the most important witnesses that
will back up the President, apparently, have not yet
had their opportunity to testify. When that conclusion
comes, then you can get a more valid poll. But, we
certainly had a valid poll last November and the results
of that election, as shown by this poll, would indicate
that again President Nixon would be elected if the
election were held at the present time.
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- 6 -
SENATOR SCOTT: Moreover, the court judgment,
when that comes, is bound to affect the judgment of the
GERALD FORD LIBRARY
people. If that judgment is favorable to the President,
then the people, many of them, will conclude -- they
have great confidence in our court system -- and many
will then conclude the President indeed has taken the
right step, not only consistent with the precedents
of his predecessors, but to support those precedents for
his successors.
Q
Senator, what if the court judgment says
that the President must comply with the subpoenas, and
if the President chooses not to comply, then what is the
public opinion going to be?
SENATOR SCOTT: Then the public will react
according to whether they think the President should
comply, and that is a highly speculative thing because
I cannot imagine the President not administering and
enforcing the laws of the land. But, I think that is
highly speculative.
Q
Do you believe if the court decision is
that the President should comply with the subpoenas,
do you believe the President will comply?
SENATOR SCOTT: I do not believe that the
President would defy the courts of the land unless
there were a situation which I cannot at this time foresee.
Q
Senator, do you think that the whole
Watergate question then should not be discussed by the
President in what you call a proper forum while it is still
in the courts?
SENATOR SCOTT: No, while we have the Phase I
of the Watergate, which I understood from some of the
committee yesterday they hope to finish August 3rd. That
hope is shared by a lot of us, and following that, I would
expect some statement from the President, not during
the court. I don't think statements by the President
would prejudice or be intended to prejudice the rights
of witnesses contrary to the effect of a Senate investi-
gation.
Q
What you call a proper forum, would a
proper forum simply be another speech by the President
or would he be open to questions?
SENATOR SCOTT: The President will make that
judgment himself. It is my own personal view that I
would like him to be open to questions, but he will make
that decision.
Q
Mr. Ford, do you share the view that if the
courts hold that the President should respond to the
subpoena and agree to release the tapes that he will
and that he should?
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- 7 -
CONGRESSMAN FORD: I think it is premature in the
first place, Ted, and I would like to wait and see what
the Court decides before making any public statement
in that regard. I am optimistic that the constitutional
recommendations made to the President will result in his
position being upheld, and to speculate down the road
FORD LIBRARY GERALD
at this point I think is very premature.
Q
Is the White House going to move to quash
this?
CONGRESSMAN FORD: I have no knowledge on that.
Q
At this POint in time, putting aside the
merits of the President's case, do you think he has been
hurt politically by his decision on how to handle these
tapes?
SENATOR SCOTT: Well, I think he is in the
position that any decision he makes is a hard one and,
therefore, has some political minuses as well as plusses.
I think he has to look first to his duty, He has to do
his duty as he conceives it and as the Constitution
requires, and having done his duty, I believe then he will
not suffer the subsequent political minuses that may be
occurring in the interim.
Q
Are they occurring now?
SENATOR SCOTT: They are occurring in the interim,
because, of course, people are placing different inter-
pretations on what the President is doing from the one
I place on it, and they would do the same thing on the
tapes as the President said in his letter.
CONGRESSMAN FORD: If you believe the polls,
I guess the conclusion is that his popularity, if that is
the right word, has been hurt, but the most important forum
right
now at the present time is the reaction in the
Congress.
In my judgment, at least as far as the House
of Representatives is concerned, I see no adverse impact
whatsoever, none whatsoever. I could give illustrations
where I think that, as a matter of fact, there has been
a solidification of Republican support in the House in
backing up the President, so in the most important forum
right now, which is legislation, I don't think the Water-
gate incident and what has happened subsequently has
had any adverse impact.
Q
Not even on the war powers bill?
CONGRESSMAN FORD: The question of the war
powers -- you mean Indochina or the war powers?
Q
War powers and Indochina, Cambodia.
CONGRESSMAN FORD: Let's take the war powers.
That legislation which passed the House had some grave
deficiencies. The Congress indicates, or some Members
of Congress indicate, that they want to get back and
be a participant in this decision of war and peace, but
it is almost unbelievable to me that the legislation the
committee drafted gets the Congress back into that
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- 8 -
participation by doing nothing, and those of us who think
there ought to be a war powers bill believe that if the
Congress wants to be a partner, they ought to at least
be a positive, affirmative partner.
Now, our decision was predicated on principle,
GERALDA FORD LIBRANT
and I think the President's indication in the telegram
that he sent to me in this area indicates that he is
willing to compromise with the Congress so that the
Congress and the President can be partners. So, what
we did on the House floor had no relationship whatsoever
to Watergate.
Now, let's take the August 15th date. The trend,
if you looked at the voting pattern for the last two and
one-half years, it has been gradually moving in the
HOuse to a cutoff date. And finally that took place.
It took place because the President had solved
the problems in South Vietnam. He had gotten the prisoners
of war back, he had removed all of the military personnel
from South Vietnam, we had gotten a settlement in Laos
and the Members of the House, or at least the majority of
them, thought the major part of our activity in Indochina
had been settled and that Cambodia was not significant.
And, therefore, a majority voted for a cutoff
date. But, I say very respectfully that I don't think
Watergate had any influence whatsoever on that final
decision.
Q
Mr. Ford, how do your colleagues feel about
Mr. Strachan's testimony that in White House meetings it
was decided not to provide financial support for Republicans
who were running against the Democrats who either supported
the President on the war or were backed by labor, whom
the White House did not want to offend?
CONGRESSMAN FORD: I didn't hear what Mr. Strachan
said. Some of us, you know, are working on the Hill on
matters that are of vital importance, and we just don't
have time to either listen to or read some of the testimony.
But, on the question of a White House decision not to
vigorously oppose certain Democrats who had been helpful
to the Administration over the previous four years, I
understand that and, as a person who has to deal with those
Democrats in the House, many of them, having been very
helpful to the Administration and cooperative with me, I
would have a guilty conscience if I went out and tried
to campaign against them or I went out and raised
money to try and defeat them.
This is a very pragmatic world in which we
live in the House of Representatives, and I respect that
decision and, from my own activities, I wouldn't have gone
down and campaigned in those districts where those
individuals had worked with me over a period of four years.
You couldn't do it in good conscience.
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- 9 -
Q
What about the ones who were just given
a more or less free ride because labor supported them
and labor was being nice to the President?
GERALD FORD LIBRARY
CONGRESSMAN FORD: I think it is the same
problem. As long as individual Members of the House and/or
the Senate were cooperating with the Administration, I
think you have to take a look and see, number one, would
a campaign against them affect their attitude in subsequent
legislative matters before the House, and you also have to
take a look and see whether even a massive effort would
have had any impact politically.
Some people, both Democrat and Republican,
are in safe districts, and to try and launch an over-
whelming campaign against a person in a safe district
is not a very good or a very wise policy, in my judgment.
SENATOR SCOTT: Something was said about the
Cambodia bombing. There were some who had opinions
that were strongly one way, some the other, when this
issue came up, and I think most of you know that if it had not
been for the fact that Jerry Ford and I both sat down and
worked out a compromise, the votes would not have been
there for what finally, eventually was the August 15th
cutoff.
So, I think there was an effort by Congress to
get a piece of the action that has been going on for a
long time, and I mentioned that. But, when the situation
was finally done, it was done because of actionstaken
by the minority leaders in the House and Senate.
Q Do you expect the President to observe that
bombing cutoff date, Senator? Are you confident that
he will respect it?
SENATOR SCOTT: I have heard or seen nothing
that would indicate to me that it would not be respected.
The Congress has acted. The President always has the
power to ask for additional powers. I have not
received any notice that he will.
2
Senator Scott, do you think the Ervin
Committee is doing a good job?
SENATOR SCOTT: I think that the television
reports of it are spectacular.
Q Senator, does the matter of possible
criminal prosecution put a different coloration on
what the Supreme Court might do on the issue of
confidentiality? I think the illustrations you gave
did not involve that question, did they?
SENATOR SCOTT: Well, I am not sure what change
would result from a different set of circumstances. The
broad principle does not seem to me to be effected; namely,
that the Judiciary has certain rights of confidentiality,
the Executive has certain rights of confidentiality, and
Senator Ervin established that the Senate has certain rights
of confidentiality.
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- 10 -
I think that when people speak of wrongdoing,
that that is a question of fact. I think there has to
be evidence, and in our courts we usually require more
than one witness, especially one witness who is himself
under charges of suborination of perjury.
GERALD, FORD LIBRARY
I have prosecuted about 10,000 cases. I never
tried a defendant on the evidence of a witness himself
guilty of a violation of a part of the perjury statutes.
I had sense enough as a District Attorney to know that
you couldn't get a conviction on that kind of evidence. It
was tainted evidence, in other words, as this is.
Q
What did you tell the President was
happening to the trade bill, and why?
CONGRESSMAN FORD: We had a report from one
of the members of that committee.
Q
Mr. Conable?
CONGRESSMAN FORD: Mr. Conable, who reported that
the committee was moving along very, very well in making
basic decisions, that it
looked like most of those
basic decisions would be finished by the time of the
August recess, that when they returned after the recess,
they probably would act on the bill as such.
This, of course, means that the bill won't
be on the floor of the House before the recess, but
should be available for consideration shortly after the
recess, sometime in September.
Q
The other day Congressman Conable in a
speech before the League of Women Voters blamed the
White House for the trouble the trade bill was in. He
said they didn't have a realistic readjustment allowance.
Did he tell the President that?
CONGRESSMAN FORD: He did bring up the readjust-
ment allowance matter. He said that it appeared that the
committee would substantially increase the readjustment
allowance, but other than that comment, there was no
discussion of that provision.
Q
Do either of you gentlemen feel that the
Ervin committee is out to get the President, and then a
second part of the question is do you support the effort
of the Ervin committee, which was approved by all the
Republicans on the committee, to subpoena documents and
records from the President?
CONGRESSMAN FORD: I believe that the Ervin
committee is trying to do the job that they were
assigned. I think it is a pretty loose operation in the
way in which they interrogate witnesses. I think they
could have refined their interrogation to fewer hypothetical
questions and more direct questions trying to elicit facts.
I think the committee probably had no other choice than to
do what they did when the President refused to make the
tapes available. I think now the matter is before the
court, and that is going to be the final decision.
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- 11 -
Q
Are they out to get the President?
CONGRESSMAN FORD: I wouldn't say that, or put
it in that context. It appears that they are trying to
create public opinion to some extent by some of these
hypothetical questions that certainly wouldn't see the
light of day in a courtroom. But, this is the way they
CERALOR FORD HIBRARY
are proceeding, and I know a lot of people think they
are out to get the President.
SENATOR SCOTT: I supported the creation of
the committee and its right to do what it is. I
think it is a fair observation that those watching the
proceedings might be impressed with the fact that the
committee seems to be tougher on witnesses favorable
to the President than it is on witnesses unfavorable
to the President, and I think we have to let the facts
speak for themselves as to what the motivation may prove
to be of individual members of the committee. I
certainly wouldn't condemn the committee collectively
at all.
Q
What about the subpoena?
SENATOR SCOTT: I think they had no choice
but to go through with the subpoena in view of their
theory, their schematology of the case.
Q
Do you think the President will move
to quash the subpoenas?
SENATOR SCOTT: I have not been told that, and
I don't know, Helen. That question ought to be addressed
to someone down here.
Q
We can't get any answers down here.
SENATOR SCOTT: Can't you? It will go to the
courts one way or another, yes.
Q
Senator, if the tapes never do come out,
never are made public, in your judgment, will the
President be able to dispel the suspicions which have
been raised in the public's mind by the Watergate
episode?
SENATOR SCOTT: I think the President will be
able to offer not only his own statement but various
elements of corroborative evidence from time to time on
various specific dates. For example, if you notice the
time period, one witness says that he was alone with the
President and the meeting took about an hour, and if
you look at the time period, he was only alone with the
President for five minutes at the end of the meeting
and one minute at the beginning of the meeting, and not
alone with the President for 40 some minutes, as I
recall it.
Now, it is very likely that those who were with
the President in that 40 minutes will have their own
recollections. So, I think you will have corroborative
testimony as well.
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- 12 -
Q
Can we get a listing of those 15 bills,
and particularly if they are of priority?
MR. WARREN: Surely. I thought you might
have asked these gentlemen during the briefing, but
FORD LIBRARY & 076838
we ---
SENATOR SCOTT: We will have a list of the 15
and a list of the 20. There really are 35.
MR. WARREN: We will gather here after the
meeting with the Shah ends.
Q
When will that be?
MR. WARREN: I would expect that would be within
a half hour.
THE PRESS: Thank you.
END
(AT 11:20 A.M. EDT)
LEADERSHIP DISCUSSION (15 bills)
I. REVENUE SHARING:
1. Manpower Training
Buffn
FORD is LIBRARY 038410
2. LEAA
3. Better Communities
Town
4. Better Schools
II. REORGANIZATION:
5.
Bicentennial Reorganization
6.
Election Reform Commission
7. DENR
8. Legal Services Corporation
III. ENERGY:
9. Gas Deregulation
10. Alaska Pipeline
11. Deep Water Ports
IV. OTHER:
12. Trade Reform
13. Export Administration
14. Foreign Assistance
15. Pensions
OTHER LEGISLATION (20 bills)
I.
JUSTICE:
FORD & LIBRARY SERVID
1. Heroin Trafficking Act
2.
Capital Punishment
3. Criminal Code Reform
II.
GSA:
4. Stockpile Disposal
III. OMB:
5. Reorganization Authority Extension
6. CIEP Authority
IV.
LABOR:
7. Unemployment Compensation
V.
HUD:
8. Flood Disaster
VI.
EPA:
9. Toxic Substances
10. Safe Drinking Water
VII. HEW:
11. Vocational Rehabilitation
12. Health Maintenance Organization
VIII. DOT:
13. Northeast Railroad
14. Federal Aid Highways
15. Urban Mass Transit
IX.
TREASURY:
16. Par Value
17. POW Tax Relief
18. Tax Reform
- -2-
X. AGRICULTURE:
19. Farm Bill
FORD & LIBRARY 038400
XI. INTERIOR:
20. Surface Mining
LEADERSHIP DISCUSSION (15 bills)
I.
REVENUE SHARING:
FORD i LIBRARY GERALD
1. Manpower Training
2. LEAA
3. Better Communities
4. Better Schools
II. REORGANIZATION:
5.
Bicentennial Reorganization
6. Election Reform Commission
7. DENR
8.
Legal Services Corporation
III. ENERGY:
9. Gas Deregulation
10. Alaska Pipeline
11. Deep Water Ports
IV. OTHER:
12. Trade Reform
13. Export Administration
14. Foreign Assistance
15. Pensions
OTHER LEGISLATION (20 bills)
I.
JUSTICE:
1.
Heroin Trafficking Act
2.
Capital Punishment
FORD & LIBRARY GERALD
3.
Criminal Code Reform
II.
GSA:
4. Stockpile Disposal
III. OMB:
5. Reorganization Authority Extension
6. CIEP Authority
IV. LABOR:
7. Unemployment Compensation
V.
HUD:
8. Flood Disaster
VI.
EPA:
9. Toxic Substances
10. Safe Drinking Water
VII.
HEW:
11. Vocational Rehabilitation
12. Health Maintenance Organization
VIII. DOT:
13. Northeast Railroad
14. Federal Aid Highways
15. Urban Mass Transit
IX.
TREASURY:
16. Par Value
17. POW Tax Relief
18. Tax Reform
-2-
X.
AGRICULTURE:
19. Farm Bill
XI. INTERIOR:
GERALD
FORD & LIBRARY
20. Surface Mining
LABOR
FORD & LIBRARY GERALD
LEGISLATION: Manpower Training (S 1514; HR 7489)
BACKGROUND: Labor draft cleared on April 6, 1973
PROVISIONS: This bill, an extension of the Act, represents the
statutory base for the Department of Labor to administratively implement
manpower revenue sharing. $1. 3 billion is in the FY '74 Budget for this
function. A separate bill for special revenue sharing was not requested.
STATUS:
HOUSE: Labor Committee reported amended bill, HR 7950, on
June 18, 1973. However, this measure specifically prohibits revenue
sharing.
SENATE: S 1560, adopted by Labor Committee in lieu of S 1514, now
on Senate Calendar. The bill endorses revenue sharing approach.
OUTLOOK: Action likely after August recess. Result is likely to be
more of same categorical manpower programs, without authority for
revenue sharing.
JUSTICE
FORD & LIBRARY GERALD
LEGISLATION: LEAA Revenue Sharing (S 1234; HR 5613)
BACKGROUND: Special Message on March 14, 1973.
PROVISIONS: Provides for $800 million special revenue sharing for
improving State and local criminal justice systems. Requested current
block grant program drop matching requirements, maintenance of effort
and federal approval requirements.
STATUS:
HOUSE: Passed amended bill, HR 8152, (391-0) on June 18, 1973.
Extends authorization one year at $1 billion.
SENATE: Passed McClellan substitute on June 28, 1973. Extends
authorization for five years at annual level of $1 billion.
OUTLOOK: Conference Committee has reconciled 32 matters in
disagreement and should be reported soon. Final measure will not be
pure revenue sharing, but continuation of block grants with "strings."
HUD
GERALD R. FORD LIBRARY
LEGISLATION: Better Communities Act (S. 1743; H.R. 7277)
BACKGROUND: Message sent March 8, 1973; HUD draft cleared April 18th.
PROVISIONS: Provides revenue-sharing at $2. 3 billion annually for
community development, replacing categorical grant programs and
reducing Federal control. Measure would take place of urban renewal,
model cities, neighborhood facilities, water and sewer, public facilities, etc.
STATUS:
HOUSE: Absolutely no movement for hearings on H. R. 7277. It is doubtful
if such will be scheduled soon, perhaps not even this year.
SENATE: First action taken July 16, 1973 with Secretary Lynn testifying
before Subcommittee on House and Urban Affairs. During 3 hours of
testimony, some five minutes spent on BCA, the remainder on Housing.
The Administration's housing proposal won't be sent to Congress until
September 7th.
OUTLOOK: HUD had thought there was a 50-50 chance for enactment
by next year. This was a most optimistic outlook and most now agree the
93rd Congress will not pass Better Communities.
HEW
LEGISLATION: Better Schools Act (S. 1319; H. R. 5823)
GERALD R. FORD TERRARY
BACKGROUND: HEW draft cleared March 18, 1973.
PROVISIONS: Provides for $2.5 billion special revenue-sharing for
education to replace 32 categorical grant programs and reducing Federal
control from education. Better Schools Act would make funds available
for five general purposes: disadvantaged, handicapped, vocational,
impacted aid and supporting materials-services.
STATUS:
HOUSE: General Subcommittee on Education now in mark-up. Brademas
says he will kill revenue sharing. Perkins bill, H.R. 69, likely to be
reported. This is extension of ESEA categorical programs.
SENATE: S. 1319 will be considered during Subcommittee hearings on
July 31. Chairman Pell will push his legislation for categorical programs.
OUTLOOK:
A.
The Administration agreed to allow the one-year simple extension
of ESEA and modify FY '74 Budget request to continue categorical
programs in return for Republican Leadership effort to secure
revenue sharing.
B.
Very likely the President will receive extension of old programs
and will have to be vetoed with request for consideration of Better
Schools Act.
C.
Prospect is for eventual bill which will move toward revenue sharing,
probably consolidating some programs for local priorities.
OMB
LEGISLATION: Bicentennial Reorganization (HR 3695)
FORD & LIBRARY GERALD
BACKGROUND: Statement on February 1, 1973
PROVISIONS: Establishes an American Revolution Bicentennial
Administration in lieu of the present Commission with a budget of
$7. 1 million.
STATUS:
HOUSE: Passed in acceptable form (344-14), an amended bill
HR 7446 on June 7, 1973. In addition to Administrator, the bill creates
a Board of Directors and Advisory Council.
SENATE: Judiciary Subcommittee hearings held July 11, 1973. Hruska
plans executive mark-up this week and hopes to get bill to Floor before
August recess.
OUTLOOK: Promising.
LEGISLATION: Federal Election Reform Commission (SJ Res 110;
HJ Res 559)
FORD & LIBRARY GERALD
BACKGROUND: Presidential Message on May 16, 1973
PROVISIONS: Establishes a 17-member bipartisan Commission to
study election reform and make appropriate recommendations by
December 1, 1973.
STATUS:
HOUSE: Referred to House Administration on May 16, 1973. No action schediled.
SENATE: Rules Committee reported bill on Floor this week, S 372,
which is multi-purpose overhaul of Federal Elections Act. It includes:
TV equal time repeal for all Federal offices, local stations retain
political ads for two years, responsibility for expenditures by candidates
tightened, re-defines political committees. establishes Federal Election
Commission, reporting dates changed, sets limits on political gifts,
establishes 20¢ per voter spending ceiling, permits voluntary contri-
butions fund by business and labor, etc. Some 25 Floor Amendments
pending.
OUTLOOK: Wayne Hays, House Chairman, has no interest in Commission
or other campaign reforms. Senate bill is so loaded and with so many
pending amendments, there is prospect the measure will eventually be
defeated. Too little time remaining to have commissions' recommendations
considered and effective by 1974 campaigns.
OMB
LEGISLATION: Department of Energy & Natural Resources (S 2135; HR 9090)
BACKGROUND: Presidential Statement on June 29, 1973.
FORD i LIBRARY GERALD
PROVISIONS: Combines the Department of Interior and parts of
several other agencies to form a new Department of Energy and Natural
Resources.
STATUS:
HOUSE: Referred to Government Operations on June 29, 1973. Sub-
committee hearings being held this week.
SENATE: Referred to Government Operations on July 9, 1973.
OUTLOOK: Impossible this year; doubtful next year.
OMB
FORD & LIBRARY GERALD
LEGISLATION: Legal Services Corporation (S 1815; HR 7824)
BACKGROUND: Special Message on 3/1/73
PROVISIONS: Provides for an 11-member legal service corporation
to give access to legal representation for citizens who would otherwise
have been denied it because of lack of funds. Contains provision for
state advisory councils.
STATUS:
HOUSE: Amended HR 7824 passed House by vote of 276 - 95 on 6/21/73.
Twenty amendments were added on House Floor so that measure restricts
activity of poverty lawyers.
SENATE: Awaiting Committee action. Latest report is that Senate
Labor and Public Welfare Committee may accept President's original version.
OUTLOOK: Prospects good for measure President can sign; after recess.
INTERIOR
FORD & LIBRARY GERALD
LEGISLATION: Natural Gas Supply (S 2048; HR 7507)
BACKGROUND: Special Message on April 18, 1973
PROVISIONS: Provides that prices paid by interstate pipelines
to producers for new supplies of domestic natural gas will be determined
by competitive forces of the market system rather than by the Federal
Power Commission (Deregulation at wellhead).
STATUS:
HOUSE: Referred to Commerce Committee; no further action and
nothing scheduled.
SENATE: Referred to Senate Commerce Committee; no further action
and nothing scheduled.
OUTLOOK: Pessimistic
INTERIOR
FORD & LIBRARY GERALD
LEGISLATION: Alaska Pipeline (S. 1040; H.R. 5442)
BACKGROUND: Interior draft cleared February 27, 1973
PROVISIONS: This bill would amend the Mineral Leasing Act of 1920
granting rights-of-way across Federal lands to allow the construction
of the Trans-Alaska Pipeline.
STATUS:
HOUSE: House Interior Committee reported H.R. 9130. By a vote of
20-17 Committee prohibited further court review of Pipeline.
SENATE: S. 1081 passed Senate on July 17 by vote of 77-20. Adopted
Stevens Amendment, 49-48, barring court review of environmental
aspects of the project.
OUTLOOK: Prospects good for enactment prior to recess.
INTERIOR
FORD & LIBRARY GERALD
LEGISLATION: Deep Water Ports (S 1751; HR 7501)
BACKGROUND: Special Message on April 18, 1973
PROVISIONS: Provides authority for the Secretary of the Interior,
in consultation with other federal agencies and State governments, to
issue a license in waters beyond State jurisdiction for the operation
of deep water ports.
STATUS:
HOUSE: Before House Interior Environmental Subcommittee for hearings.
Prospects in House are cloudy because of jurisdictional problems between
Interior, Public Works, and Merchant Marine and Fisheries Committees.
SENATE: Interior, Commerce, and Public Works Committees will hold
joint hearings July 23 - 25.
OUTLOOK: Doubtful
COMMERCE
FORD & LIBRARY GERALD
LEGISLATION: Trade Reform Act of 1973 (HR 6767)
BACKGROUND: Special Message on April 10, 1973.
PROVISIONS: Gives the President the negotiating tools to achieve
better treatment for America in world trade. Authority to raise, lower,
or eliminate tariff barriers, to reach agreements on non-tariff barriers,
adjustment assistance, unfair competition, MFN.
STATUS:
HOUSE: Ways and Means hearings commenced on May 9, and mark-up
started on June 19. Committee currently pushing to report bill by August
recess.
SENATE: Referred to Senate Committee on Finance. No hearings
scheduled.
OUTLOOK: Believe the bill is shaping up to be acceptable to all interests
and will be passed by House in September. Concerned over pernicious
Floor amendments.
Senate should move quickly after House passage but possibility of
"Christmas Tree" amendments which will have to be worked out in
conference.
COMMERCE
GERALD, FORD LIBRARY
LEGISLATION: Export Administration Act (S 2053; HR 8547)
BACKGROUND: Special Message on June 13, 1973
PROVISIONS: Amends the Export Administration Act of 1969, protects
the domestic drain of scarce materials and commodities and reduces
the inflationary impact of abnormal foreign demand.
STATUS:
HOUSE: House Floor originally scheduled for July 19 postponed -
probably until after Labor Day.
SENATE: Senate Banking Committee mark-up scheduled for July 25.
OUTLOOK: The Ashley bill, HR 8547, faces some opposition in the
House, but the overall outlook is good. Free traders and agriculture
bloc can be expected to fight measure.
In the Senate, Bob Packwood can be expected to try to amend bill to
include provision of his log export control amendment.
LEGISLATION: Foreign Assistance Act (S. 1711; H. R. 7484)
FORD is LIBRARY GERALD
BACKGROUND: Presidential Message sent May 1, 1973
PROVISIONS: Authorizes $2. 9 billion for economic and military assistance.
Of this amount, $1. 2 billion is for military assistance and the remainder
for economic assistance.
STATUS:
HOUSE: House Foreign Affairs Committee on July 19, 1973 ordered
reported a clean bill --- H. R. 9360. Should be on House Floor this week.
Military aid programs cut about 25%. Indochina funding is at Administra-
tion level but effort will be made on floor to cut.
SENATE:
A.
Senate separated military and economic programs into two bills.
On June 26 Senate passed Military Assistance Bill authorizing
$770 million (1/2 requested amount). Many restrictive amendments
added in committee and on Floor.
B.
Senate Foreign Relations Committee reported economic assistance
bill last week which is $1. 2 billion or 25% below Budget. Courtesy
referral to Finance Committee with mandatory reporting date of
September 15.
OUTLOOK: Prospects are uncertain. Foreign aid has been kept alive
by Continuing Resolution for two years. Conservatives and Liberals are
opposed to program -- for different reasons.
LABOR
LEGISLATION: Pensions (S. 1557; H.R. 6900)
(Employee Benefits Protection Act and Retirement
Benefits Tax Act)
BACKGROUND:
Special Message April 11, 1973
FORD LIBRARY & GERALD
PROVISIONS:
A.
Fiduciary Bill: provides for the reform of the private pension
system.
B.
Vesting Bill: Employee gains unforfeitable right to 50% of his
pensions benefits when his age and his years of coverage totaled
50. After that 10% vesting each year until attain 100%.
STATUS:
HOUSE: Erlenborn introduced H.R. 6900, Administration bill, on April 12,
1973. Chairman Dent is holding informal sessions on his bill, H.R. 2. It
appears House is waiting for Senate to make the first move.
SENATE: S. 1557 still pending in Labor Committee. Williams/Javits bill,
S. 4, now on Senate calendar. Senate could consider S. 4 prior to August
recess. This measure is objectionable. Senate Finance Committee also
reported vesting legislation on July 24, 1973. Both bills may be married on
Senate Floor.
OUTLOOK: The President very likely will receive a measure he'll have
to veto this fall. One hope is that both measures will be joined in a Ways &
Means/Finance Committee bill number permitting a conference by more
conservative Members than on Labor Committees.
Ed. + Labor
X53725
LEGISLATION:
LABOR
Pensions (S. 1557; H.R. 6900)
(Employee Benefits Protection Act)
BACKGROUND:
Special Message 4/11/73
Ford FORD
& LIBRARY 938870
PROVISIONS:
Provides for the reform of the private pension system.
STATUS:
A. HOUSE: Erlenborn Introduced H.R. 6900, Adm. bill, on 4/12/73
Chairman Dent is holding informal sessions on his
bill, H.R. 2. It appears House is waiting for Senate
to make the first move.
B. SENATE: S. 1557 still pending in Labor Committee. Williams/
Javits bill, S. 4, now on Senate calendar. Senate
OUTLOOK:
could consider S. 4 prioer to August recess (Byrd
listed the bill as one to be taken up in July). This
measure is objectionable. Senate Finance Committee
also considering pension legislation.
The President very likely will receive a measure he 11 have to
veto this fall.
new
Erlenbon's/bill is HR 9232, attached.
Interior cam.
X 56065
INTERIOR
LEGISLATION:
ford
Alaska Pipeline (S. 1040; H.R. 5442)
BACKGROUND:
Interior draft cleared 2/27/73.
FORD is LIBRARY GERALD
PROVISIONS:
This bill would amend the Mineral Leasing Act of 1920 to allow the
construction of the Trans-Alaska Pipeline.
STATUS:
A. HOUSE:
House Interior Public Lands Subcommittee
reported H.R. 9130. May go to full Committee
soon. is meeting for mark -up of bill.
Hope to finishy usday 7/24/73.
B. SENATE:
S. 1081 passed Senate on July 17 by vote of 77-20.
OUTLOOK:
check W tourney
w+m com.
X 54021
COMMERCE
LEGISLATION:
Trade Reform Act of 1973 (H. R. 6767)
conable
BACKGROUND:
Ford
Special Message 4/10/73
FORDO & LIBRARY GERALD
PROVISIONS:
Gives the President the negotiating tools to achieve better treatment for
America in world trade.
STATUS:
A. House: Hearings commenced on May 9 and mark-up started on
June 18. Committee currently pushing to report bill
so it can be passed by August recess. (Doubtful now that
it will have action before recess)
B. Senate: Referred to Senate Committee on Finance. No hearings
scheduled.
OUTLOOK:
Believe the bill is shaping up to be acceptable to all interests. It will be
passed by House barring any wild amendments.
Interior Com.
X 56065
INTERIOR
LEGISLATION:
BACKGROUND:
Ford!
maillaid
Deep Water Ports (S 1751; HR 7501)
Special Message 4/18/73
R.FORD & LIBRARY GERALD
PROVISIONS:
Provides authority for the Secretary of the Interior, in consultation
with other federal agencies and State government to issue a license
in waters beyond State jurisdiction for the operation of deep water
ports.
STATUS:
Hearingip
held of
A. HOUSE:
Before House Interior Environmental
other alaska hearing
on Pipeline.
,
Subcommittee for hearings Prospects
in House are cloudy because of jurisdictional
problems between Interior, Public Works and
Merchant Marine and Fisheries Committees.
No Floor action in the House likely until after
the recess.
B. SENATE:
Interior, Commerce, and Public Works Committees
will hold joint hearings July 23 through 25.
No Senate Floor action likely before recess.
OUTLOOK:
Dout. X55074 Operations
LEGISLATION:
ford anderson
Dept. of Energy and Natural Resources (S. 2135; H.R. 9090)
BACKGROUND:
Presidential Statement
FORD & LIBRARY GERALD
PROVISIONS:
Combines the Dept. of Interior and several other agencies to
form a Dept. of Energy and Natural Resources.
Hearings started
STATUS:
Tuesday (7/24)
A.
HOUSE:
Referred to Government Operations on
6/29/73. Presently holding hearings- will continue
for several days.
B. SENATE: Referred to Government Operations on 7/9/73
OUTLOOK:
Memo: Mr. Horton says he is optimistic about getting a bill out by November.
They wall continue hearings this week and next and resume after the recess.
He says Chairman Holifield is generally favorable to the bill's objectives
and the only problem he sees may come from the Corps of Engineers. He praised
Mr. Ash's preliminary spadework in obtaining input from Government Operations
and other House Committees concerned and said Holifield also appears to get.
along well with Ash.
RTH
(HR5163) (HR 69)
Quie & Perkins
still trying to
Charge each others their
minds about
points of views
will know better
by Oct. what is
gloing to happen.
no. support at
all for adm. Bill
(HR 5823) in the FORD
Committee
LIBRARY is
Ed Labor Comm
X53725
HEW
LEGISLATION:
joid / Quie
Better Schools Act (S 1319; HR 5823)
BACKGROUND:
HEW draft cleared 3/18/73
FORD LIBRARY & GERALD
PROVISIONS:
Provides for special revenue-sharing for education to replace categorical
grant programs and remove Federal control from education.
STATUS:
A.
HOUSE:
General Subcommittee on Education now in mark-up.
Brademas says he will kill HR 5823. Perkins bill,
HR 69, likely to be reported. This is extension of
ESEA.
B. SENATE: S 1319 will be considered during Subcommittee
hearings on July 31. Chairman Pell will push his
version, S 1539.
OUTLOOK:
Interstate + foreign Commerce
X 53641
INTERIOR
LEGISLATION:
Ford /Levine
Natural Gas Supply (S 2048; HR 7507)
BACKGROUND:
Special Message 4/18/73
FORD & LIBRARY 03RA70
PROVISIONS:
Provides that prices paid by interstate pipelines to producers for
new supplies of domestic natural gas will be determined by competitive
forces of the market system rather than by the Federal Power Commission.
STATUS:
A. HOUSE:
Referred to Commerce Committee; no further
action and nothing scheduled.
B. SENATE:
Referred to Senate Commerce Subcommittee
No further action and nothing scheduled.
OUTLOOK:
foreign affairs
X56735
LEGISLATION:
Foreign Assistance Act (S 1711; HR 7484)
Scott -mailland
BACKGROUND:
Presidential Message
FORD & LIBRARY GERALD
PROVISIONS:
Authorizes $2.9 (b) billion for economic and military assistance.
Of this amount, $1.2 (b) billion is for military assistance and the
remainder for economic assistance.
STATUS:
A. HOUSE:
House Foreign Affairs Committee on 7/19/73
ordered reported a clean bill -- HR 9360 Morgan)
(7/25/73)
Scheduled for Floor action tomorrow Wednesday
OUTLOOK:
Banking (Houling) + Curr. X 52805
LEGISLATION:
HUD
Better Communities Act (S. 1743; H.R. 7277)
BACKGROUND:
Scottl
Towerlow
HUD draft cleared 4/18/73
PROVISIONS:
FORD is LIBRARY GERALD
Provides revenue sharing for community development replacing
categorical grant programs and reducing Federal control.
STATUS:
A.
HOUSE: Absolutely no movement for hearings on H.R. 7277.
It is most doubtful if such will be scheduled soon,
perhaps not even this year.
B. SENATE: First action taken 7/16/73 with Sec'y Lynn testify-
ing before Subcommittee on House and Urban Affairs.
During 3 hours of testimony, some five minutes spent
on BCA, the remainder on Housing. The Administrat-
ion's housing proposal won't be sent to Congress
OUTLOOK:
until Sept. 7. The opening of the 2 wks of hearings
considered a failure.
D.O.T. had though there was a 50/50 chance for enactment by
next year. This was a most optimistic outlook and most agree the
93rd Congress will not pass Better Communities.
Banking X52258 & currency
LEGISLATION:
COMMERCE
Export Administration Act (S. 2053; H. R. 8547)
Bennett Widnall
BACKGROUND:
scott
Special message - 6/13/73
FORD LIBRARY is GERALD
PROVISIONS:
Amends the Export Administration Act of 1969, protects the
domestic drain of scarce materials and commodities and
reduces the inflationary impact of abnormal foreign demand.
STATUS:
A. HOUSE:
House Floor originally scheduled for 7/19
postponed at least until September
B.
SENATE: Senate Banking Committee mark-up scheduled for
7/25
OUTLOOK:
The Ashley bill, H.R. 8547, faces some opposition in the House,
but the overall outlook is good. Free traders and agriculture
bloc can be expected to fight measure.
why postpored until Sept?
after farm bill - songleans one tem -
Pnes using execting authority
X56906 Judiciary Com,
OMB
Scott
LEGISLATION:
Bicentennial Reorganization (HR 3695)
BACKGROUND:
Statement 2/1/73
FORD LIBRARY & GERALD
PROVISIONS:
Establishes an American Rev. Bicentennial Administration
in lieu of the present Commission.
STATUS:
A. HOUSE:
Has passed in acceptable form, 344-14, an
amended bill HR 7446.
B. SENATE:
Judiciary Subcommittee hearings held July 11,
1973. Hruska plans executive mark-up this
week and hopes to get bill to Floor before
August recess.
OUTLOOK:
Education+ + Labor
X 53725
OMB
LEGISLATION:
Legal Services Corporation (S 1815; H.R. 7824)
Cariffen
BACKGROUND:
Special Message 3/1/73
Scott
FORD LIBRARY & GERALD
PROVISIONS:
Provides for a legal service corporation to give access to legal representation
for Americans who would otherwise have been denied it because of lack of
funds.
STATUS:
A. HOUSE: Amended H.R. 7824 passed House by vote of 276- - 95 on
6/21/73.
B. SENATE: Awaiting Committee action. Latest report is that Senate
Labor and Public Welfare Committee may accept House
version.
OUTLOOK:
Ed. of Labor Com
LABOR
X 53725
LEGISLATION:
Manpower Training (S 1514; H.R. 7489)
Scott Griffin/ Quio
BACKGROUND:
Labor draft cleared 4/6/73
FORD LIBRARY & GERALD
PROVISIONS:
This bill, along with the manpower programs authorized under the Economic
Opportunity Act, represent the statutory base for the Dept. of Labor to
administratively implement manpower revenue sharing.
STATUS:
A. HOUSE:
Labor Committee reported amended bill, H.R. 7950, on
6/18/73. Floor action not scheduled. awaiting a rule.
B. SENATE: S 1560, adopted by Labor Committee in lieu of S 1514,
now on Senate calendar. July action probable.
OUTLOOK:
House adm
X 52060
Scott
Ford
LEGISLATION:
Federal Election Reform Commission
(SJ Res. 110; HJ Res 559)
BACKGROUND:
Presidential Message
FORD LIBRARY & GERALD
PROVISIONS:
Establishes a bi-partisan Commission to study election reform and make
appropriate recommendations.
STATUS:
A.
SENATE:
Senate Rules reported on 7/11/73 SJ 110 with
amendments.
B. HOUSE:
Referred to House Administration on 5/16/73
hearing until after august recess.
Probably will not schedule any
OUTLOOK:
LEGISLATION:
JUSTICE
LEAA Revenue Sharing (S. 1234; H.R. 5613)
BACKGROUND:
Special Message 3/14/73
FORD LIBRARY & CERALD
PROVISIONS:
Provides for special revenue-sharing for improving State
and local criminal justice systems.
STATUS:
A. HOUSE:
Passed amended bill (391-0) H.R. 8152 on 6/18/73.
Extends authorization 1 year at $1 billion.
B.
SENATE: Passed McClellan substitute on 6/28/73.
Extends authorization for 5 years.
OUTLOOK:
Conference Committee has reconciled 32 matters in disagreement.
Remaining to be settled are:
(1) Juvenile Justice Provision (Bayh Amendment)
(2) Kennedy Dissemination of information Amendment
(3) Length of authorization - two years or four years.
Conference should be reported soon.
FORD LIBRARY is CERALD
93D CONGRESS
1ST SESSION
H. R. 5613
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 1973
Mr. HUTCHINSON (for himself, Mr. McCLORY, and Mr. SANDMAN) introduced
the following bill; which was referred to the Committee on the Judiciary
A
BILL
To provide for special law enforcement revenue sharing.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Law Enforcement
4 Revenue Sharing Act of 1973".
5
SEC. 2. Title I of the Omnibus Crime. Control and
6 Safe Streets Act of 1968, as amended, is amended to read
7 as follows:
8
"DECLARATIONS AND PURPOSE
9
"Congress finds that the high incidence of crime in the
10 United States threatens the peace, security, and general wel-
11 fare of the Nation and its citizens. To prevent crime and to
VI-0
2
3
1 insure the greater safety of the people, law enforcement
1 General, a Law Enforcement Assistance Administration
FORD LIBRARY
2 efforts must be better coordinated, intensified, and made more
2 (hereinafter referred to in this title as 'Administration')
3 effective at all levels of government.
3 composed of an Administrator of Law Enforcement Assist-
4
"Congress finds further that crime is essentially a local
4 ance, who shall be appointed by the President, by and with
5 problem that must be dealt with by State and local govern-
5 the advice and consent of the Senate, and a Deputy Admin-
6 ments if it is to be controlled effectively.
6 istrator.
7
"It is, therefore, the declared policy of the Congress to
7
(b) The Attorney General may delegate, and author-
8 assist State and local governments in strengthening and
8 ize redelegation of all functions, powers, and duties created
9 improving law enforcement at every level by national assist-
9 and established by this title SO long as the Attorney General
10 ance. It is the purpose of this title to (1) authorize special
10 remains responsible for overall supervision, direction, and
11 revenue sharing payments to State and units of local govern-
11 management of the programs authorized.
12 ment in order to reduce and prevent crime and delinquency;
12
"PART B-STATE PLANNING PROCESS
13 (2) encourage States and units of general local government
13
"SEC. 201. It is the purpose of this part to encourage
14 to prepare and adopt comprehensive plans based upon their
14 States and units of general local government to prepare and
15 evaluation of State and local problems of law enforcement;
15 adopt comprehensive law enforcement plans based on their
16 (3) encourage improved management of law enforcement
16 evaluation of State and local problems of law enforcement.
17 activities; and (4) encourage research and development
17
"SEC. 202. (a) Any State desiring to participate in the
18 directed toward the improvement of law enforcement and
18 special revenue sharing program shall establish a State law
19 the development of new methods for the prevention and
19 enforcement planning process to be under the supervision and
20 reduction of crime and the detection and apprehension of
20 control of the Governor and including local government
21 criminals.
21 participation for the preparation, revision, and implemen-
22
"PART A-LAW ENFORCEMENT ASSISTANCE
22 tation of the State plans required under this part.
23
ADMINISTRATION
23
(b) Any areawide planning shall be the responsibility
24
"SEC. 101. (a) There is hereby established within the
24 of a multijurisdictional planning and policy development
25 Department of Justice under the authority of the Attorney
25 organization designated by the Governor pursuant to pro-
4
5
1 cedures established for implementing title IV of the Inter-
1
fication thereof immediately following the adoption of
GERALD FORD LIBRARY
2 governmental Cooperation Act of 1968, a majority of whose
2
such plan or any such modification by the State;
3 policy board is composed of elected officials representing
3
" (5) provide for the expenditure of amounts re-
4 general local government. Such an organization may have an
4
ceived under special revenue sharing in accordance with
5 advisory body on matters relating to the purposes of this
5
the laws and procedures applicable to the expenditure
6 title to include representatives of law enforcement agencies
6
of its own revenues;
7 and public agencies maintaining programs to reduce and
7
" (6) adequately take into account the plans, needs
8 control crime.
8
and requests of the units of general local government in
9
"SEC. 203. The State shall-
9
the State and encourage local initiative and interlocal
10
" (1) develop, after appropriate hearings and con-
10
cooperation in the development of programs and projects
11
sultation with elected representatives of units of general
11
for the reduction and prevention of crime and delin-
12
local government, representatives of law enforcement
12
quency, and provide for an appropriately balanced allo-
13
agencies, and of public agencies maintaining programs
13
cation of funds between the State and the units of general
14
to reduce and control crime and delinquency, a compre-
14
local government in the State and among such units
15
hensive statewide plan for the reduction and prevention
15
provide in the plan for the allocation of an adequate share
16
of crime and delinquency;
16
of assistance for law enforcement problems in areas char-
17
" (2) define, develop, and correlate programs and
17
acterized by both high crime incidence and high law
18
projects for the State and the units of general local
18
enforcement activity;
10
government in the State or combinations of States or
19
" (7) provide for administration, fiscal control fund
20
units for the reduction and prevention of crime and
20
accounting, audit and monitoring and evaluation proce-
21
delinquency;
21
dures as may be necessary to assure proper management
22
" (3) establish priorities for the reduction and pre-
22
and disbursement of funds received under this title;
23
vention of crime and delinquency throughout the State;
23
(8) provide for the submission of such reports in
24
" (4) adopt measures designed to bring to the at-
24
such form, at such times, and containing such informa-
25
tention of the citizens of the State the contents of the
25
tion as the Attorney General may reasonably require to
26
comprehensive statewide plan and any substantial modi-
6
7
IGERAL FORD VIBRARY
1
evaluate the overall impact of the plan and programs and
1
prior three years. The Attorney General shall accept
2
to report to the President and the Congress on its priori-
2
such a certification unless he determines that such certi-
3
ties and effectiveness;
3
fication is not sufficiently reliable to enable him to carry
4
" (9) provide for appropriate review of procedures
4
out his duties under this title.
5
of actions taken by the State government disapproving
5
"SEC. 204. (a) Each State government which expects
6
an application for which funds are available or terminat-
6 to receive funds under part C for any entitlement period
7
ing or refusing to continue financial assistance to a State
7 beginning on or after July 1, 1973, shall submit a compre-
8
agency or a unit of general local government or com-
8 hensive State plan formulated pursuant to section 301
9
bination of such units;
9 and 303. Thereafter such plan shall be submitted every three
10
" (10) provide that all meetings of any planning
10 years with an annual revision to reflect any changes neces-
11
organizations established under this title at which any
11 sary. Such revisions shall be submitted annually to the
12
final action is taken respecting the approval of compre-
12 Attorney General.
13
hensive State plans (or regional or local components
13
" (b) The Attorney General shall review such plans
14
thereof), non-confidential applications for or award of
14 and provide the State with such comments and recommenda-
15
funds, and the allocation or expenditure of such funds
15 tions as he deems appropriate. Within a reasonable time
16
shall be public meetings. Such meetings shall be pre-
16 after providing the State with any such comments and rec-
17
ceeded by a public notice giving the time, place and gen-
17 ommendations, the Attorney General shall submit such
18
eral nature of business to be transacted;
18 comments and recommendations to Congress and publish
19
" (11) provide for public access to all nonconfi-
19 them in the Federal Register.
20
dential records; and
20
"PART C-REVENUE SHARING FOR LAW ENFORCEMENT
21
(12) certify that financial efforts for law enforce-
21
PURPOSES
22
ment purposes by the State and the aggregate efforts
22
"SEC. 301. (a) It is the purpose of this part to
23
by local units of government within the State (out of
23 encourage States and units of general local government or
24
their own source) during a fiscal year are not less than
24
combinations thereof, through special revenue-sharing pay-
25
the effort in the preceding year or the average of the
25 ments and other forms of financial assistance, to develop
8
9
GERALD FORD LIBRARY
1 and implement programs and projects to reduce and prevent
1
including the establishment and development of State or-
2 crime and delinquency.
2
ganized crime prevention councils, the recruiting and
3
" (b) The Attorney General is authorized to make
3
training of special investigative and prosecuting person-
4 special revenue-sharing payments and other forms of finan-
4
nel, and the development of systems for collecting, stor-
5 cial assistance to States for law enforcement purposes
5
ing, and disseminating information relating to the control
6 including-
6
of organized crime;
7
(1) public protection, including the development,
7
" (6) the organization, education, and training of
8
demonstration, evaluation, implementation, and purchase
8
regular law enforcement officers, special law enforce-
9
of methods, devices, facilities, and equipment designed
9
ment units, and law enforcement reserve units for the
10
to improve and strengthen law enforcement and reduce
10
prevention, detection, and control of riots and other
11
crime in public and private places;
11
violent civil disorders, including the acqusition of riot
12
" (2) the recruiting of law enforcement personnel
12
control equipment;
13
and the training of personnel in law enforcement;
13
(7) the recruiting, organization, training and edu-
14
" (3) public education relating to crime prevention
14
cation of community service officers to serve with and
15
and encouraging respect for law and order, including
15
assist local and State law enforcement agencies in the dis-
16
education programs in schools and programs to improve
16
charge of their duties through such activities as recruit-
17
public understanding of and cooperation with law en-
17
ing; improvement of police-community relations and
18
forcement agencies;
18
grievance resolution mechanisms; community patrol ac-
19
(4) constructing buildings or other physical facil-
19
tivities; encouragement of neighborhood participation
20
ities which would fulfill or implement the purpose of
20
in crime prevention and public safety efforts; and other
21
this section, including local correctional facilities, centers
21
activities designed to improve police capabilities, public
22
for the treatment of narcotic addicts, and temporary
22
safety and the objectives of this section. In no case shall
23
courtroom facilities in areas of high crime incidence;
23
a grant be made under this subcategory without the
24
(5) the organization, education, and training of
24
approval of the local government or local law enforce-
25
special law enforcement units to combat organized crime,
25
ment agency;
H.R. 5613-2
10
11
GERALD FORD LIBRARY
1
" (8) the establishment of a Criminal Justice Co-
1
" (13) the operation of State, regional, and local
2
ordinating Council for any unit of general local govern-
2
planning processes for the preparation, development,
3
ment or any combination of such units within the State,
3
evaluation, and revision of State plans; and
4
having a population of two hundred and fifty thousand
4
" (14) the improved management of law enforce-
5
or more, to assure improved planning and coordination
5
ment activities.
6
of all law enforcement activities;
6
" (c) Any special revenue sharing payment made under
7
" (9) the development and operation of com-
7 this section may be used to pay up to 100 per centum of the
8
munity based delinquent prevention and correctional
8 cost of programs or projects specified in the comprehensive
9
programs, emphasizing diagnostic services, halfway
9 plan required to be submitted under this title.
10
houses and other community based rehabilitation centers
10
(d) No part of any special revenue sharing payment
11
for initial preconviction or postconviction referral of
11 for the purpose of renting, leasing, or constructing buildings
12
offenders; expanded probationary programs, including
12 or other physical facilities shall be used for land acquisition.
13
paraprofessional and volunteer participation; and com-
13
"SEC. 302. (a) The Attorney General is authorized to
14
munity service centers for the guidance and supervision
14 obligate funds for the continuation of projects approved un-
15
of potential repeat youthful offenders;
15 der title I of the Omnibus Crime Control and Safe Streets
16
" (10) the development and operation of justice
16 Act of 1968, as amended, prior to the date of enactment
17
reform programs, including improved court administra-
17 of this title to the extent that such approval provided for
18
tion and law reform;
18 continuation.
19
" (11) the rendering of technical assistance in mat-
19
" (b) Any funds obligated and all activities necessary
20
ters relating to law enforcement;
20 may be carried out with funds previously appropriated and
21
" (12) the establishment of programs of academic
21 funds appropriated pursuant to this title.
22
educational assistance through contracts with institu-
22
"SEC. 303. (a) The Attorney General shall make spe-
23
tions of higher education for grants or loans to persons
23 cial revenue sharing payments to a State government if such
24
enrolled in undergraduate or graduate programs in areas
24 State has on file with the Attorney General a comprehensive
25
related to law enforcement;
13
12
1 State plan which conforms with the purposes and require-
1 local government, combinations of such units and other ap-
GERALD FORD LIBRARY
2 ments of this title.
2 plicants. When a State government determines that such an
3
" (b) To be comprehensive the plan should conform to
3 application is in accordance with the purposes stated in sec-
4 the definition in section 601 (m) and should consider state-
4 tion 301 and is in conformance with any existing statewide
5 wide priorities for the improvement and coordination of all
5 comprehensive law enforcement plan, the State government
6 aspects of law enforcement, the relationships of activities car-
6 is authorized to disburse funds to the applicant.
7 ried out under this title to related activities being car-
7
"SEC. 305. Where a State has failed to file a compre-
8 ried out under other Federal programs, the general types
8 hensive State plan as required by this title, the funds allo-
9 of improvements to be made in the future, the effective uti-
9 cated for such State under paragraph (1) , section 306 (a)
10 of this title shall be available for reallocation by the Attorney
10 lization of existing facilities, the encouragement of coopera-
11 tive arrangements between units of general local govern-
11 General under paragraph (2) of section 306 (a)
12 ment, innovations and advanced techniques in the design of
12
"SEC. 306. (a) The funds appropriated each fiscal year
13 institutions and facilities, and advanced practices in the re-
13 for this part shall be allocated by the Attorney General as
14 cruitment, organization, training, and education of law en-
14 follows:
15 forcement personnel. It shall thoroughly address improved
15
" (1) Eighty-five per centum of such funds shall
16
be allocated among the States as special revenue sharing
16 court programs and practices throughout the State. It shall
17 include a long-range all-inclusive program for the construc-
17
payments. The Attorney General shall make an initial
18
allocation of $200,000 to each of the States for the sup-
18 tion, acquisition, or renovation of correctional institutions
19 and facilities in the State and the improvement of correctional
19
port of the State, areawide, and local planning process.
20 programs and practices throughout the State. Such programs
20
The Attorney General shall then allocate the remainder
21 must adequately reflect National and State standards for all
21
of such funds available among the States according to
22
their relative populations. Of the amount allocated by
22 functions of the correctional and court systems.
23
"SEC. 304. The State government shall receive applica-
23
population 5 per centum of the total shall be made avail-
24
able for support of the State, areawide, and local plan-
24 tions for financial assistance submitted by heads of State
25 agencies and the chief executive officers of units of general
25
ning process.
14
15
1
" (A) At least the per centum of the special
1
tion the Attorney General may waive the per cen-
GERALD, FORD
2
revenue sharing payments made to the State under
2
tum requirements upon a finding that the planning
3
this part for any fiscal year which corresponds to the
3
process developed under part B will assure that
4
per centum of the State and local law enforcement
4
special revenue sharing funds for any fiscal year will
5
funds used in the immediately preceding fiscal year
5
be available to carry out the provisions of section
6
by units of general local government shall be made
6
203 (6)
7
available to such units or combinations of such units
7
(B) Of the funds allocated for the planning
8
in the immediately following fiscal year for the de-
8
process at least 40 per centum of such funds for any
9
velopment and implementation of programs and
9
fiscal year shall be available to units of general local
10
projects for the reduction and prevention of crime
10
government or combinations of such units to enable
11
and delinquency. Per centum determination will be
11
such units and combinations of such units to par-
12
applied to 70 per centum of the total special revenue
12
ticipate in the formulation of the comprehensive
13
sharing payment after reduction of the amount al-
13
State plan required under the title. Upon applica-
14
located for support of the planning process as speci-
14
tion the Attorney General may waive this require-
15
fied in section 306 (a) (1) ; the remaining 30 per
15
ment in whole or in part, upon a finding that the
16
centum may be used by the State for local or State
16
requirement is inappropriate in view of the respec-
17
adult and juvenile correctional programs, court pro-
17
tive law enforcement planning responsibilities exer-
18
grams, technical assistance, and law enforcement
18
cised by the State and its units of general local
19
education. Per centum determinations under this
19
government and that adherence to the requirement
20
paragraph for law enforcement funding and expendi-
20
would not contribute to the efficient development of
21
tures for such accurate and complete data available
21
the State plan required under this title. In allocating
22
for such fiscal year or for the last fiscal year for
22
planning funds the State shall assure that major
23
which such data are available, and reflect adjust-
23
cities and counties within the State receive planning
24
ments for any major program responsibility shifts
24
funds to develop comprehensive plans and coordinate
25
between State and local government. Upon applica-
25
functions at the local level.
16
17
1
" (2) Fifteen per centum of such funds, plus any
1 a State government or unit of general local government has
GERALD LIBRARY FORD
2
additional amounts made available by virtue of the ap-
2 failed to comply with subsection (a) or an applicable reg-
3
plication of the provisions of sections 305 and 509 of
3 ulation, he shall notify the Governor of the State of the
4
this title to the grant or revenue sharing payment of
4 noncompliance and shall request the Governor to secure
5
any State, may, in the discretion of the Attorney Gen-
5 compliance. If within a reasonable period of time the Gov-
6
eral, be allocated among the States, units of general local
6 ernor fails or refuses to secure compliance, the Attorney
7
government, or combinations of such units, and to non-
7 General is authorized-
8
profit organizations according to the criteria and on the
8
" (1) to institute an appropriate civil action;
9
terms and conditions the Attorney General determines
9
" (2) to exercise the powers and functions pursuant
10
consistent with the title.
10
to title VI of the Civil Rights Act of 1964 (42 U.S.C.
11
" (b) Any grant made from funds available under para-
11
2000d) ;
12 graph (2) of this subsection may be up to 100 per centum
12
" (3) to exercise the powers and functions provided
13 of the cost of the program or project for which such grant
13
in section 509 of this title; or
14 is made. No part of any such grant shall be used for land
14
(4) to take such other action as may be provided
15 acquisition.
15
by law.
16
"SEC. 307. For the purposes of this title, the term 'spe-
16
" (c) Whenever the Attorney General has reason to
17 cial revenue sharing payment' means a grant of funds
17 believe that a State government or unit of local government
18 allocated to a State in accordance with section 306.
18 is engaged in a pattern or practice in violation of the pro-
19
"SEC. 308. (a) No person in any State shall on the
19 visions of this section, the Attorney General may bring
20 ground of race, color, national origin, or sex be excluded
20 a civil action in any appropriate United States district
21 from participation in, be denied the benefits of, or be sub-
21 court for such relief as may be appropriate, including in-
22 jected to discrimination under any program or activity
22 junctive relief.
23 funded in whole or in part with funds made available from
23
"SEC. 309. The amounts appropriated and allocated for
24 the Law Enforcement Special Revenue Sharing Act.
24 special revenue sharing payments shall be paid to the re-
25
(b) Whenever the Attorney General determines that
25 spective States at such intervals and in such installments
H.R. 5613-3
18
19
GERALD FORD FIBRARY
1 as the Attorney General may determine, taking account of
1
" (3) to carry out programs of behavioral research
2 the objective that the time elapsing between the transfer of
2
designed to provide more accurate information on the
3 funds from the United States Treasury and the disbursement
3
causes of crime and the effectiveness of various means
4 thereof by the State shall be minimized.
4
of preventing crime, and to evaluate the success of cor-
5 "PART D-RESEARCH, DEMONSTRATION, AND TRAINING
5
rectional procedures;
6
"SEC. 401. It is the purpose of this part to provide
6
(4) to make recommendations for action which
7 for and encourage training, education, research, and develop-
7
can be taken by Federal, State, and local governments
8 ment for the purpose of improving law enforcement and
8
and by private persons and organizations to prevent
9 developing new methods for the prevention and reduction
9
and reduce crime and delinquency;
10 of crime, and the detection and apprehension of criminals.
10
" (5) to carry out programs of instructional assist-
11 These purposes will include-
11
ance consisting of research fellowships for the programs
12
" (1) to make grants to, or enter into contracts
12
provided under this section, and special workshops for
13
with, public agencies, institutions of higher education,
13
the presentation and dissemination of information result-
14
or private organizations to conduct research, demonstra-
14
ing from research, demonstrations, and special projects
15
tions, or special projects pertaining to the purposes
15
authorized by this title;
16
described in this title; including the development of new
16
" (6) to carry out a program of collection and dis-
17
or improved approaches, techniques, systems, equip-
17
semination of information obtained by. other Federal
18
ment, and devices to prevent and reduce crime and
18
agencies, public agencies, institutions of higher educa-
19
delinquency;
19
tion or private organizations engaged in projects under
20
" (2) to make continuing studies and undertake
20
this title, including information relating to new or im-
21
programs of research to develop new or improved ap-
21
proved approaches, techniques, systems, equipment, and
22
proaches, techniques, systems, equipment, and devices
22
devices to prevent and reduce crime and delinquency;
23
to prevent and reduce crime and delinquency, including,
23
" (7) to establish a research center to carry out the
24
but not limited to, the effectiveness of projects or pro-
24
programs described in this section; and
25
grams carried out under this title;
25
" (8) to cooperate with and render training and
20
21
GEBALO FORD LIBRARY
1
technical assistance to States, units of general local gov-
1
the Federal Bureau of Investigation National Academy
2
ernment, combinations of such States or units, or other
2
at Quantico, Virginia, to provide, at the request of a
3
public or private agencies, organizations, or institutions
3
State or unit of local government, training for State
4
in matters relating to law enforcement. While participat-
4
and local law enforcement personnel;
5
ing in the training program or traveling in connection
5
" (2) develop new or improved approaches, tech-
6
with participation in the training program, State and
6
niques, systems, equipment, and devices to improve and
7
local personnel shall be allowed travel expenses and a
7
strengthen law enforcement; and
8
per diem allowance in the same manner as prescribed
8
" (3) assist in conducting, at the request of a State
9
under section 5703 (b) of title 5 for persons employed
9
or unit of local government, local and regional training
10
intermittently in the Government service.
10
programs for the training of State and local law enforce-
11
"SEC. 402. There is established within the Law En-
11
ment personnel. Such training shall be provided only
12 forcement Assistance Administration a National Institute
12
for persons actually employed as State police or high-
13 of Law Enforcement and Criminal Justice. It shall be the
13
way patrol, police of a unit of local government, sheriffs
14 purpose of the Institute to encourage research and develop-
14
and their deputies, and such other persons as the State
15
ment to prevent and reduce crime and delinquency.
15
or unit may nominate for police training while such per-
16
"SEC. 403. A grant authorized under this part may be
16
sons are actually employed as officers of such State or
17 up to 100 per centum of the total cost of each project for
17
unit.
18 which such grant is made. The Attorney General shall
18
" (b) In the exercise of the functions, powers, and
19 require, whenever feasible, as a condition of approval of a
19 duties established under this section the Director of the
20
grant under this part, that the recipient contribute money,
20 Federal Bureau of Investigation shall be under the general
21 facilities, or services to carry out the purpose for which the
21 authority of the Attorney General.
22
grant is sought.
22
"PART E-ADMINISTRATIVE PROVISIONS
23
"SEC. 404. (a) The Director of the Federal Bureau
23
"SEC. 501. The Attorney General shall prescribe, after
24 of Investigation is authorized to-
24 appropriate consultation with representatives of States and
25
(1) establish and conduct training programs at
25 units of general local government, such regulations as may
22
23
FORD (TBRART
1 be necessary or appropriate to carry out the provisions
1 including hearing examiners, as shall be necessary to carry
2 of this title.
2 out its powers and duties under this title.
3
"SEC. 502. The Attorney General may establish, alter, or
3
"Sec. 508. The Attorney General is authorized, on a
4 discontinue such organizational units of the Administration as
4 reimbursable basis when appropriate, to use the available
5 he may deem necessary or appropriate.
5 services, equipment, personnel, and facilities of other civilian
6
"SEC. 503. Title 5 of the United States Code, subsection
6 or military agencies and instrumentalities of the Federal
7 (c) (10) of section 5108 remains unchanged.
7 Government, and to cooperate with such other agencies
8
"SEC. 504. Upon authorization of the Attorney Gen-
8 and instrumentalities in the establishment and use of serv-
9 eral, any hearing examiner assigned to or employed for the
9 ices, equipment, personnel, and facilities of the Administra-
10 purpose of this title, shall have the power to hold hearings,
10 tion. The Attorney General is further authorized to confer
11 sign and issue subpenas, administer oaths, examine witnesses,
11 with and avail himself of the cooperation, services, records,
12 and receive evidence at any place in the United States he
12 and facilities of State, municipal, or other local agencies, and
13 may designate.
13 to receive and utilize, for the purposes of this title, property
14
"SEC. 505. Effective January 1, 1974, section 5315 of
14 donated or transferred for the purposes of testing by any
15 title 5 of the United States Code is amended by deleting-
15 other Federal agencies, States, units of general local govern-
16
" (90) Associate Administrator of the Law En-
16 ment, public or private agencies or organizations, institu-
17
forcement Assistance (2)
17 tions of higher education, or individuals.
18
"SEC. 506. Section 5316 of title 5 of the United States
18
"SEC. 509. Whenever the Attorney General, after rea-
19 Code is amended by adding at the end thereof the following
19 sonable notice and opportunity for hearing to an applicant
20 new subsection:
20 or a grantee under this title, finds that, with respect to any
21
(131) Deputy Administrator of Law Enforce-
21 payments made or to be made under this title, there is a
22
ment Assistance.'.
22 substantial failure to comply with-
23
"Sec. 507. Subject to the civil service and classification
23
" (a) the provisions of this title;
24 laws, the Attorney General is authorized to select, appoint,
24
" (b) regulations promulgated by the Attorney Gen-
25 employ, and fix compensation of such officers and employees,
25
eral under this title; or
24
25
GERALD FORD VIBRARY
1
" (c) a plan or application submitted in accordance
1 the findings of fact and determinations made by the Attorney
2
with the provisions of this title.
2 General with respect thereto shall be final and conclusive,
3
the Attorney General shall notify such applicant or grantee
3 except as otherwise provided herein.
4
that further payments shall not be made (or in its discretion
4
" (c) If such applicant is still dissatisfied with the find-
5
that further payments shall not be made for activities in
5 ings and determinations of the Attorney General, following
6
which there is such failure), until there is no longer such
6 the notice and hearing provided for in subsection (b) of
7
failure.
7 this section, a request may be made for rehearing, under such
8
"SEC. 510. (a) In carrying out the functions vested by
8 regulations and procedures as the Attorney General may
9
this title in the Department of Justice, the determination,
9 establish, and such applicant shall be afforded an opportunity
10 findings, and conclusions of the Attorney General shall be
10 to present such additional information as may be deemed
11 final and conclusive upon all applicants, except as hereafter
11 appropriate and pertinent to the matter involved. The find-
12
provided.
12 ings and determinations of the Attorney General, following
13
(b) If the application has been rejected or an appli-
13 such rehearing, shall be final and conclusive upon all parties
14
cant has been denied a grant or has had a grant, or any
14 concerned, except as hereafter provided.
15
portion of a grant, discontinued, or has been given a grant in
15
"SEC. 511. (a) If any applicant or grantee is dissatis-
16
a lesser amount than such applicant believes appropriate
16 fied with the Attorney General's final action with respect to
17
under the provisions of this title, the Attorney General shall
17 the approval of its application submitted under this title, or
18
notify the applicant or grantee of its action and set forth
18 any applicant or grantee is dissatisfied with the Attorney
19
the reason for the action taken. Whenever an applicant or
19 General's final action under section 509 or section 510, such
20
grantee requests a hearing on action taken by the Attorney
20 applicant or grantee may, within sixty days after notice of
21
General on an application or a grant, the Attorney Gen-
21 such action, file with the United States court of appeals for
22
eral or any authorized officer thereof, is authorized and
22 the circuit in which such applicant or grantee is located a
23
directed to hold such hearings or investigations at such times
23 petition for review of that action. A copy of the petition
24
and places as the Attorney General deems necessary, follow-
24 shall be forthwith transmitted by the clerk of court to the
25
ing appropriate and adequate notice to such applicant; and
25 Department of Justice. The Attorney General shall there-
26
27
GERALD FORD LIBRARY
1 upon file in the court the record of the proceedings on which
] General is authorized to accept an audit by a State of such
2 the action of the Attorney General was based, as provided
2 expenditures of a State government or unit of local govern-
3 in section 2112 of title 28, United States Code.
3 ment if he determines that such audit and the audit proce-
4
" (b) The determinations and the findings of fact by the
4 dures of that State are sufficiently reliable to enable him to
5 Attorney General, if supported by substantial evidence, shall
5 carry out his duties under this title.
6 be conclusive; but the court, for good cause shown, may
6
" (b) The Comptroller General of the United States is
7 remand the case to the Attorney General to take further
7 authorized to make reviews of the work as done by the At-
8 evidence. The Attorney General may thereupon make new
8 torney General, the State governments, and the units of
9 or modified findings of fact and may modify the previous
9 local government as may be necessary for the Congress to
10 action, and shall file in the court the record of the further
10 evaluate compliance and operations under this title.
11 proceedings. Such new or modified findings of fact or deter-
11
" (c) The provisions of this section apply to all recipients
12 minations shall likewise be conclusive if supported by sub-
12 of assistance under this title, whether by direct grant or con-
13 stantial evidence.
13 tract from the administration or by subgrant or subcontract
14
" (c) Upon the filing of such petition, the court shall
14 from primary grantees or contractors of the administration.
15 have jurisdiction to affirm the action of the Attorney Gen-
15
"SEC. 513. To insure that all Federal assistance to State
16 eral or to set it aside, in whole or in part. The judgment of
16 and local programs under this title is carried out in a coordi-
17 the court shall be subject to review by the Supreme Court
17 nated manner, the Attorney General is authorized to request
18 of the United States upon certiorari or certification as pro-
18 any Federal department or agency to supply such statistics,
19 vided in section 1254 of title 28, United States Code.
19 data, program reports, and other material as the Attorney
20
"SEC. 515. (a) The Attorney General shall provide for
20 General deems necessary to carry out the functions under
21 such accounting and auditing procedures, evaluations, and
21 this title. Each such department or agency is authorized to
22 reviews as may be necessary to insure that the expenditures
22 cooperate with the Attorney General and, to the extent per-
23 of funds received under this title by State governments and
23 mitted by law, to furnish such materials to the Attorney Gen-
24 units of local government and other recipients of assistance
24 eral. Any Federal department or agency engaged in ad-
25 comply fully with the requirements of this title. The Attorney
25 ministering programs related to this title shall, to the maxi-
GERALD, FORD VIBRAGY
28
29
1 mum extent practicable, consult with and seek advice from
1 title may be used within any one State except that this limita-
2 the Attorney General to insure fully coordinated efforts, and
2 tion shall not apply to grants made pursuant to part D.
3 the Attorney General shall undertake to coordinate such
3
"SEC. 517. (a) The Attorney General may procure the
4 efforts.
4 services of experts and consultants in accordance with section
5
"SEC. 514. The Attorney General may arrange with and
5 3109 of title 5, United States Code, at rates of compensation
6 reimburse the heads of other Federal departments and agen-
6 for individuals not to exceed the daily equivalent of the rate
7 cies for the performance of any of the functions under this
7 authorized for GS-18 by section 5332 of title 5, United
8 title.
8 States Code.
9
"SEC. 515. The Attorney General is authorized-
9
(b) The Attorney General is authorized to appoint,
10
" (a) to conduct evaluation studies of the programs
10 without regard to the civil service law, technical or other
11
and activities assisted under this title; and
11 advisory committees to advise the Administration with re-
12
" (b) to collect, evaluate, publish, and disseminate
12 spect to the administration of this title as it deems necessary.
13
statistics and other information on the condition and
13 Members of those committees not otherwise in the employ
14
progress of law enforcement in the United States.
14 of the United States, while engaged in advising the Adminis-
15
"SEC. 516. (a) Payments under this title may be made
15 tration or attending meetings of the committees, shall be com-
16 in installments, and in advance or by way of reimbursement,
16 pensated at rates to be fixed by the Attorney General but not
17 as may be determined by the Attorney General, and may be
17 to exceed the daily equivalent of the rate authorized for
18 used to pay the transportation and subsistence expenses of
18 GS-18 by section 5332 of title 5 of the United States Code
19 persons attending conferences or other assemblages notwith-
19 and while away from home or regular place of business they
20 standing the provisions of the joint resolution entitled 'Joint
20 may be allowed travel expenses, including per diem in lieu
21 Resolution to prohibit expenditure of any moneys for hous-
21 of subsistence, as authorized by section 5703 of such title 5
22 ing, feeding, or transporting conventions or meetings', ap-
22 for persons in the Government service employed inter-
23 proved February 2, 1935 (31 U.S.C. sec. 551).
23 mittently.
24
" (b) Not more than 12 per centum of the sums appro-
24
"SEC. 518. Nothing contained in this title or any other
25 priated for any fiscal year to carry out the provisions of this
25 Act shall be construed to authorize any department, agency,
30
31
GERALD, FORD LIBRARY
1 officer, or employee of the United States to exercise any di-
1
and employees of the Department of Justice, a research
2 rection, supervision, or control over any police force or any
2
grantee under the provisions of this title, or officers and
3 other law enforcement agency of any State or any political
3
employees of such research grantee under the provi-
4 subdivision thereof.
4
sions of this title to examine such information concern-
5
"SEC. 519. On or before March 31 of each year, the
5
ing particular private establishments or individuals.
6 Attorney General shall report to the President and to the
6 No department, bureau, agency, officer, or employee of the
7 Congress on activities pursuant to the provisions of this title
7 Government, except as specifically authorized in this title,
8 during the preceding fiscal year.
8 shall require, for any reason, copies of such information on
9
"SEC. 520. There is authorized to be appropriated, out
9 establishments or individuals which have been retained by
10 of the Treasury of the United States, such sums as may be
10 any such establishment or individual. Copies of such in-
11 necessary to carry out all provisions of this title. Such sums
11 formation which have been SO retained shall be immune
12 shall remain available for obligation until expended.
12 from legal process, and shall not, without the consent of the
13
"SEC. 521. (a) To implement the provisions of this
13 establishment or individual concerned, be admitted as evi-
14 title, neither the Attorney General, nor any other officer or
14 dence or used for any purpose in any action, suit, or other
15 employee of the Department, nor any recipient of assistance
15 judicial or administrative proceedings.
16 under the provisions of this title, may, except when ex-
16
" (b) Any person violating the provisions of this sec-
17 pressly authorized under the provisions of this title-
17 tion, or any rule, regulation, or order issued thereunder, shall
18
"(1) use the information collected expressly for
18 be liable to a penalty not to exceed $10,000, in addition to
19
statistical or research purposes under programs assisted
19 any other penalty imposed by law. The amount of any such
20
directly or indirectly by this title for any other purpose;
20 penalty shall be payable into the Treasury of the United
21
or
21 States and shall be recoverable in a civil suit in the name of
22
(2) make any publication whereby such informa-
22 the United States.
23
tion furnished by any particular private establishment
23
"PART F-DEFINITIONS
24
or individual can be identified; or
24
"SEC. 601. (a) As used in this title, 'law enforcement'
25
" (3) permit anyone other than the sworn officers
25 means any activity pertaining to crime prevention, control, or
32
33
GERALOR FORD LIBRARY
1 reduction or the enforcement of the ciriminal law, including,
1 United States Government shall be for the sole purpose of
2 but not limited to, police efforts to prevent, control, or reduce
2 facilitating the transfer of criminal jurisdiction from the
3 crime or to apprehend criminals, activities of courts having
3 United States District Court for the District of Columbia to
4 criminal jurisdiction and related agencies, activities of cor-
4 the Superior Court of the District of Columbia pursuant to
5 rections, probation, or parole authorities, and programs re-
5 the District of Columbia Court Reform and Criminal Proce-
6 lating to the prevention, control, or reduction of juvenile
6 dure Act of 1970.
7 delinquency or narcotic addiction.
7
(e) 'Combination' as applied to States or units of
8
(b) 'Organized crime' means the unlawful activities of
8 general local government means any grouping or joining
9 the members of a highly organized, disciplined association
9 together of such States or units for the purpose of preparing,
10 engaged in supplying illegal goods and services, including
10 developing, or implementing a law enforcement plan.
11 but not limited to gambling, prostitution, loan sharking, nar-
11
" (f) 'Construction' means the erection, acquisition, ex-
12 cotics, labor racketeering, and other unlawful activities of
12 pansion, or repair (but not including minor remodeling or
13 members of such organizations.
13 minor repairs) of new or existing buildings or other physical
14
" (c) 'State' means any State of the United States, the
14 facilities, and the acquisition or installation of initial equip-
15 District of Columbia, the Commonwealth of Puerto Rico,
15 ment therefor.
16 Virgin Islands, Guam, and Samoa.
16
" (g) 'State organized crime prevention council' means
17
" (d) Unit of general local government' means any
17 a council composed of not more than seven persons estab-
18 city, county, township, town, borough, parish, village, or
18 lished pursuant to State law or established by the chief exec-
19 other general purpose political subdivision of a State, an
19 utive of the State for the purpose of this title, or an existing
20 Indian tribe which performs law enforcement functions as
20 agency SO designated, which council shall be broadly repre-
21 determined by the Secretary of the Interior or, for the pur-
21 sentative of law enforcement officials within such State and
22 pose of assistance eligibility, any agency of the District of
22 whose members by virtue of their training or experience
23 Columbia government or the United States Government per-
23 shall be knowledgeable in the prevention and control of
24 forming law enforcement functions in and for the District of
24 organized crime.
25 Columbia. Such assistance eligibility of any agency of the
25
" (h) Metropolitan area' means a standard metropolitan
34
35
GERALD, FORD LIBRARY
1 statistical area as established by the Office of Management
1 offenders or individuals charged with or convicted of crimi-
2 and Budget, subject, however, to such modifications and
2 nal offenses.
3 extensions as the Attorney General may determine to be
3
" (m) 'Comprehensive' means that the plan must be a
4 appropriate.
4 total and integrated analysis of the crime and juvenile delin-
5
" (i) 'Public agency' means any State, unit of local
5 quency problem within the State; goals, priorities, and
6 government, combination of such States or units, or any
6 standards must be established in the plan and the plan
7 department, agency, or instrumentality of any of the fore-
7 must address (both short and long term) methods, organiza-
8 going.
8 tion, and operation performance, physical and human re-
9
" (j) 'Institution of higher education' means any such
9 sources necessary to accomplish crime prevention; identifica-
10 institutions as defined by section 801 (a) of the Higher
10 tion, detection, and apprehension of suspects; adjudication;
11 Education Act of 1965 (79 Stat. 1269; 20 U.S.C. 1141
11 custodial treatment of suspects and offenders; and institu-
12 (a) subject, however, to such modifications and extensions
12 tional and noninstitutional rehabilitative measures.
13 as the Attorney General may determine to be appropriate.
13
" (n) 'Areawide' refers to the geographic scope of prob-
14
" (k) 'Community service officer' means any citizen
14 lems which transcend the boundaries of any single unit or
15 with the capacity, motivation, integrity, and stability to as-
15 units of general local government but do not encompass the
16 sist in or perform police work but who may not meet ordi-
16 entire State.
17 nary standards for employment as a regular police officer
17
" (o) 'Multijurisdictional planning and policy develop-
18 selected from the immediate locality of the police depart-
18 ment organization' is an organization which has responsibility
19 ment of which he is to be a part, and meeting such other
19 for comprehensive planning and has planning and policy
20 qualifications promulgated in regulations pursuant to section
20 control over two or more functional planning and policy
21 501 as the Attorney General may determine to be appro-
21 development programs.
22 priate to further the purposes of section 301 (b) (7) and this
22
"PART G-CRIMINAL PENALTIES
23 title.
23
"SEC. 651. Whoever embezzles, willfully misapplies,
24
(1) The term 'correctional institution or facility' means
24 steals, or obtains by fraud or attempts to embezzle, will-
25 any place for the confinement or rehabilitation of juvenile
25 fully misapply, steal, or obtain by fraud any funds, assets,
36
1 or property which are the subject of a grant or contract or
GERALD FORD VISHARY
2 other form of assistance pursuant to this title, whether
3 received directly or indirectly from the Administration, or
4 whoever receives, conceals, or retains the same with intent to
5 convert it to his use or gain, knowing it to have been em-
6 bezzled, willfully misapplied, stolen or obtained by fraud
7 shall be fined not more than $10,000 or imprisoned for not
8 more than five years, or both.
9
"Whoever knowingly and willfully falsifies, conceals, or
10 covers up by trick, scheme, or device, any material fact
11 in any application for assistance submitted pursuant to this
12 title shall subject to prosecution under the provisions of sec-
13 tion 1001 of title 18, United States Code.
14
"Any law enforcement program project underwritten, in
15
whole or in part, by any grant, or contract or other form of as-
16 sistance pursuant to this Act, whether received directly or in-
17 directly from the Administration, shall be subject to the
18
provisions of section 371 of title 18, United States Code."
19
Sec. 3. This Act shall take effect on July 1, 1973.
93D CONGRESS
1ST SESSION
H. R. 5613
A BILL
To provide for special law enforcement
revenue sharing.
By Mr. HUTCHINSON, Mr. McCLORY, and
Mr. SANDMAN
MARCH 14, 1973
Referred to the Committee on the Judiciary
LEGISLATION:
JUSTICE
LEAA Revenue Sharing (S. 1234; H.R. 5613)
BACKGROUND:
FORD
Special Message 3/14/73
GERALD
LIBRARY
PROVISIONS:
Provides for special revenue-sharing for improving State
and local criminal justice systems.
STATUS:
A. HOUSE:
Passed amended bill (391-0) H.R. 8152 on 6/18/73.
Extends authorization 1 year at $1 billion.
B.
SENATE: Passed McClellan substitute on 6/28/73.
Extends authorization for 5 years.
OUTLOOK:
Conference Committee has reconciled 32 matters in disagreement.
Remaining to be settled are:
(1) Juvenile Justice Provision (Bayh Amendment)
(2) Kennedy Dissemination of information Amendment
(3) Length of authorization - two years or four years.
Conference should be reported soon.
LEGISLATION:
COMMERCE
Export Administration Act (S. 2053; H.R. 8547)
BACKGROUND:
Special message - 6/13/73
FORD LIBRARY & CERALD
PROVISIONS:
Amends the Export Administration Act of 1969, protects the
domestic drain of scarce materials and commodities and
reduces the inflationary impact of abnormal foreign demand.
STATUS:
A. HOUSE: House Floor riginally scheduled for 7/19
postponed.
B. SENATE: Senate Banking Committee mark-up scheduled for
7/25
OUTLOOK:
The Ashley bill, H.R. 8547, faces some opposition in the House,
but the overall outlook is good. Free traders and agriculture
bloc can be expected to fight measure.
OMB
LEGISLATION:
Legal Services Corporation (S 1815; H.R. 7824)
BACKGROUND:
Special Message 3/1/73
FORD LIBRARY & VERALD
PROVISIONS:
Provides for a legal service corporation to give access to legal representation
for Americans who would otherwise have been denied it because of lack of
funds.
STATUS:
A. HOUSE: Amended H.R. 7824 passed House by vote of 276 - 95 on
6/21/73.
B. SENATE: Awaiting Committee action. Latest report is that Senate
Labor and Public Welfare Committee may accept House
version.
OUTLOOK:
LABOR
LEGISLATION:
Manpower Training (S 1514; H.R. 7489)
BACKGROUND:
Labor draft cleared 4/6/73
GERALD FORD LIBRARY
PROVISIONS:
This bill, along with the manpower programs authorized under the Economic
Opportunity Act, represent the statutory base for the Dept. of Labor to
administratively implement manpower revenue sharing.
STATUS:
A. HOUSE:
Labor Committee reported amended bill, H.R. 7950, on
6/18/73. Floor action not scheduled.
B. SENATE: S 1560, adopted by Labor Committee in lieu of S 1514,
now on Senate calendar. July action probable.
OUTLOOK:
LEGISLATION:
LABOR
Pensions (S. 1557; H.R. 6900)
(Employee Benefits Protection Act)
BACKGROUND:
Special Message 4/11/73
FORD & LIBRARY GERALD
PROVISIONS:
Provides for the reform of the private pension system.
STATUS:
A. HOUSE: Erlenborn Introduced H.R. 6900, Adm. bill, on 4/12/73
Chairman Dent is holding informal sessions on his
bill, H.R. 2. It appears House is waiting for Senate
to make the first move.
B. SENATE: S. 1557 still pending in Labor Committee. Williams/
Javits bill, S. 4, now on Senate calendar. Senate
OUTLOOK:
could consider S. 4 prioer to August recess (Byrd
listed the bill as one to be taken up in July). This
measure is objectionable. Senate Finance Committee
also considering pension legislation.
The President very likely will receive a measure he'll have to
veto this fall.
INTERIOR
LEGISLATION:
Natural Gas Supply (S 2048; HR 7507)
BACKGROUND:
Special Message 4/18/73
FORD & LIBRARY GERALD
PROVISIONS:
Provides that prices paid by interstate pipelines to producers for
new supplies of domestic natural gas will be determined by competitive
forces of the market system rather than by the Federal Power Commission.
STATUS:
A. HOUSE:
Referred to Commerce Committee; no further
action and nothing scheduled.
B. SENATE:
Referred to Senate Commerce Subcommittee
No further action and nothing scheduled.
OUTLOOK:
HEW
LEGISLATION:
Better Schools Act (S 1319; HR 5823)
BACKGROUND:
HEW draft cleared 3/18/73
GERALD FORD LIBRARY
PROVISIONS:
Provides for special revenue-sharing for education to replace categorical
grant programs and remove Federal control from education.
STATUS:
A.
HOUSE:
General Subcommittee on Education now in mark-up.
Brademas says he will kill HR 5823. Perkins bill,
HR 69, likely to be reported. This is extension of
ESEA.
B. SENATE:
S 1319 will be considered during Subcommittee
hearings on July 31. Chairman Pell will push his
version, S 1539.
OUTLOOK:
LEGISLATION:
Federal Election Reform Commission
(SJ Res. 110; HJ Res 559)
BACKGROUND:
Presidential Message
PROVISIONS:
Establishes a bi-partisan Commission to study election reform and make
appropriate recommendations.
FORD LIBRARY is GERALD
STATUS:
A. SENATE:
Senate Rules reported on 7/11/73 SJ 110 with
amendments.
B. HOUSE:
Referred to House Administration on 5/16/73
OUTLOOK:
INTERIOR
LEGISLATION:
Alaska Pipeline (S. 1040; H.R. 5442)
BACKGROUND:
Interior draft cleared 2/27/73.
PROVISIONS:
This bill would amend the Mineral Leasing Act of 1920 to allow the
construction of the Trans-Alaska Pipeline.
FORD & LIBRARY GERALD
STATUS:
A. HOUSE:
House Interior Public Lands Subcommittee
reported H.R. 9130. May go to full Committee
soon.
B. SENATE:
S. 1081 passed Senate on July 17 by vote of 77-20.
OUTLOOK:
LEGISLATION:
Dept. of Energy and Natural Resources (S. 2135; H.R. 9090)
BACKGROUND:
Presidential Statement
PROVISIONS:
Combines the Dept. of Interior and several other agencies to
form a Dept. of Energy and Natural Resources.
STATUS:
GERATO FORD LIBRARY
A. HOUSE:
Referred to Government Operations on
6/29/73.
B. SENATE: Referred to Government Operations on 7/9/73
OUTLOOK:
LEGISLATION:
HUD
Better Communities Act (S. 1743; H.R. 7277)
BACKGROUND:
HUD draft cleared 4/18/73
FORD LIBRARY & CERALD
PROVISIONS:
Provides revenue sharing for community development replacing
categorical grant programs and reducing Federal control.
STATUS:
A.
HOUSE:
Absolutely no movement for hearings on H.R. 7277.
It is most doubtful if such will be scheduled soon,
perhaps not even this year.
B.
SENATE: First action taken 7/16/73 with Sec'y Lynn testify-
ing before Subcommittee on House and Urban Affairs.
During 3 hours of testimony, some five minutes spent
on BCA, the remainder on Housing. The Administrat-
ion's housing proposal won't be sent to Congress
OUTLOOK:
until Sept. 7. The opening of the 2 wks of hearings
considered a failure.
D.O.T. had though there was a 50/50 chance for enactment by
next year. This was a most optimistic outlook and most agree the
93rd Congress will not pass Better Communities.
COMMERCE
LEGISLATION:
Trade Reform Act of 1973 (H. R. 6767)
BACKGROUND:
Special Message 4/10/73
PROVISIONS:
Gives the President the negotiating tools to achieve better treatment for
America in world trade.
FORD & LIBRARY GERALD
STATUS:
A. House: Hearings commenced on May 9 and mark-up started on
June 18. Committee currently pushing to report bill
so it can be passed by August recess.
B. Senate: Referred to Senate Committee on Finance. No hearings
scheduled.
OUTLOOK:
Believe the bill is shaping up to be acceptable to all interests. It will be
passed by House barring any wild amendments,
INTERIOR
LEGISLATION:
Deep Water Ports (S 1751; HR 7501)
BACKGROUND:
Special Message 4/18/73
PROVISIONS:
Provides authority for the Secretary of the Interior, in consultation
with other federal agencies and State government to issue a license
in waters beyond State jurisdiction for the operation of deep water
ports.
FORD & LIBRARY GERALD
STATUS:
A. HOUSE:
Before House Interior Environmental
Subcommittee for hearings. Prospects
in House are cloudy because of jurisdictional
problems between Interior, Public Works and
Merchant Marine and Fisheries Committees.
No Floor action in the House likely until after
the recess.
B. SENATE:
Interior, Commerce, and Public Works Committees
will hold joint hearings July 23 through 25.
No Senate Floor action likely before recess.
OUTLOOK:
OMB
LEGISLATION:
Bicentennial Reorganization (HR 3695)
BACKGROUND:
Statement 2/1/73
PROVISIONS:
Establishes an American Rev. Bicentennial Administration
in lieu of the present Commission.
STATUS:
A. HOUSE:
Has passed in acceptable form, 344-14, an
amended bill HR 7446.
B. SENATE:
Judiciary Subcommittee hearings held July 11,
1973. Hruska plans executive mark-up this
week and hopes to get bill to Floor before
August recess.
OUTLOOK:
FORD & LIBRARY GERALD
LEGISLATION:
Foreign Assistance Act (S 1711; HR 7484)
BACKGROUND:
Presidential Message
PROVISIONS:
Authorizes $2.9 (b) billion for economic and military assistance.
Of this amount, $1. 2 (b) billion is for military assistance and the
remainder for economic assistance.
STATUS:
A. HOUSE:
House Foreign Affairs Committee on 7/19/73
ordered reported a clean bill -- HR 9360 (Morgan)
OUTLOOK:
FORD & LIBRARY SERALD
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"ocrText": "These documents were scanned from Box R34 of the Gerald R. Ford Congressional Papers at the Gerald R. Ford Presidential Library.\nFOR IMMEDIATE RELEASE\nJULY 25, 1973\nOFFICE OF THE WHITE HOUSE PRESS SECRETARY\nTHE WHITE HOUSE\nPRESS CONFERENCE\nOF\nSENATOR HUGH SCOTT\nAND\nCONGRESSMAN GERALD R. FORD\nGERALD FORD LIBRARY\nTHE BRIEFING ROOM\n10:45 A.M. EDT\nMR. WARREN: The President met with the Republican\nleadership of the House and Senate this morning for an\nhour and 45 minutes to review a long list of legislation\nnow pending before both Houses.\nSenator Scott and Congressman Ford are here to\ndiscuss that meeting with you, and we will start off with\nCongressman Ford.\nCONGRESSMAN FORD: Thank you very much, Jerry.\nThe discussion involved the status of legislation before\nthe House and Senate and the prospects for affirmative action\nprior to the recess, which begins a week from Friday. There were\n15 major areas of discussion, with Senator Scott and myself\ndividing up the progress reports. In addition, there\nwere 20 other matters brought up involving legislation.\nI would summarize by simply saying that as you looked\nat the batting average or the scorecard, the record\nprior to the recess doesn't look like its a very\neffective or affirmative congressional batting average.\nUnless we do a lot more than what it looks like we are\ngoing to do between now and August 3rd or 4th, I think\nthe record of the Congress at that point will be less\nthan a good grade or score.\nSENATOR SCOTT: The 35 bills on the agenda were\nnot all inclusive; there are more up there. We discussed\n15 on the first list at some length, and then about eight\non the second list, and the President was brought up to date\non the status of all of these matters and indicated there\nwould be an Executive Session of the Cabinet tomorrow,\nwhere they will be informed of our report. Interesting\ndiscussions because we went into the prospects of all\nthese matters, and we believe that some of these will\nbe disposed of. LEAA is the best illustration of it.\nThat is almost ready to come to the White House.\nQ\nWhich one, sir?\nSENATOR SCOTT: LEAA. There are others which will\nwork their way down here, but by and large, the Congress\nhas not responded very well to the requests. The President\nis entitled to an up or down vote on these measures, it seems\nto me, and many of them are of the utmost importance to\nthe country and we hope, and will plead with the majority,\nto get more action on these measures. Not a single appro-\npriation bill has yet come to the President.\nMORE\n- 2 -\nQ\nDid you discuss the Watergate tapes and\nthe President's position on turning them over, and did\nyou try to change his mind?\nSENATOR SCOTT: It was a legislative meeting,\nHelen, and we didn't discuss anything but the legis-\nlation. We had considerable discussion, for example,\non the trade bill and other bills. We didn't discuss\nFORD LIBRARY\nyour topic or any other topics, except the legislation.\n2\nDid you discuss, Senator, the possible\neffect of the whole Watergate situation on the progress\nof legislation?\nSENATOR SCOTT: No, we discussed the legislation\nitself, and in my view, I see no reason why a legislator\nconfronted with a bill would try to determine what he\nis going to do on revenue sharing or the bicentennial\norganization or the Alaska pipeline according to how he\nmight feel about Watergate.\nI think that is a sort of tenuosity which has\nvery little bearing on the way legislators operate.\nThat is more in the speculative field. I haven't seen\nevidence of that.\nQ\nSenator, what is your position on the\nrelease of the tapes? Do you have any alternative\nsolution?\nSENATOR SCOTT: Well, I have expressed an\nearlier opinion; the decision has been made. My view\nwas simply an expression of hope that some way might\nbe found selectively, and in the President's own time,\nand in his own forum, that he make comments, but\nthe President has made a personal decision after the\nlengthy listening to the tapes.\nHe has considered all of the options\npro and con. The desirability of establishing the fact\nthat they show what he has said is true and accurate,\nis a consideration on one side. On the other is the\nfact that the release of the tapes would create an\nambiguous situation in that every conversation in\nsome way relates to an earlier conversation, and that\nto an earlier one, and so on, and it would be very\nhard to sort the tapes out.\nMoreover, impressions are sought to be given\nthat there is no way of telling whether the tapes\nare themselves accurate or not, so that the President\nhas made his own decision on that and now it is a\nmatter for the courts and, as a lawyer, I think I\nwould rather leave it to the courts.\nQ\nSenator Scott, do you believe that the Senate\ncommittee is entitled to the tapes?\nMORE\n- 3 -\nSENATOR SCOTT: I believe the Senate committee\nhas the power of subpoena and is entitled to find out. I\ndon't know that they are entitled to the tapes. That is\nup to the courts, and the courts quite possibly will\ndecide that they are not. As you recall, the Supreme\nCourt once said, a Justice, that the law is what we say it\nis. That is still our system.\nGESALD, FORD LIBRARY\nQ Senator, I think it was March 20th\nyou came before us and said the President looked you in\nthe eye and said, \"Hugh, I have nothing to hide.\" Is\nthat still your feeling, your impression, of what his\nsituation is?\nSENATOR SCOTT: Ted, it is. I came here, I\nsaid that to you then and I stand by it. I offered to\nmake that statement to the press on my authority, and\nthe President said, \"No, make it on mine,\" and I did.\nOn the 20th of March in the morning, with Representative\nArends and myself present, we heard the statement made.\nI believed it then, and I believe it now, as\nof the 20th of March, and I believe, with the exception\nof two other dates offered by a single witness, uncorroborated,\nand a single witness alone, there is no other evidence\nwhatsoever to contradict what the President said that\nday so that I have not, as a lawyer, seen any reason\nwhatever to do other than to accept the President's\nstatement.\nCONGRESSMAN FORD: Hugh, may I add a comment\nthere. I agree entirely with the statement made by\nSenator Scott. I believe the President, I think he has\nsaid everything and I think he has been entirely truthful\nwith the Congress and with the American people.\nI had, previous to this last week, indicated\nthat on a selective basis that some of the tapes could\nbe released. But the decision has been made. I think\nthe matter is now a matter for the courts. I think it\nwas a close question.\nI am told that the President himself personally\nreviewed the tapes, and that after listening to the\narguments of good constitutional lawyers and trying\nto evaluate what might have been good politics against\nwhat was good law, the President has decided that the\ntapes should not be released, and the decision ultimately\nwill be made by the courts.\nThere are all kinds of very difficult questions\nthat he had to decide, and putting it in a much smaller\ncontext than his problem, let me give you an illustration.\nI have a very top-grade administrative assistant. We\ntalk continuously about what my attitude, what my point of\nview might be on a legislative matter or anything else\ninvolving the confidentiality of my office.\nIf I can't talk frankly and freely with that\nperson, who is the top man in my office, without every bit\ndetail involving my decision, our discussions\nwon't be very meaningful and I think this, in a much\nsmaller sense, is precisely the problem the President\nhad to decide on a very broad sense involving constitu-\ntional issues as well as personal decision.\nMORE\n- 4 -\nAnd, although I had felt otherwise prior to\nthe announcement of the last few days, I can respect\nthe decision and the decision, which is a serious\nconstitutional issue, will be, and ought to be, decided\nby the court system.\nFORD & LIBRARY GERALD\nQ If this is going to be decided by\nthe courts, does the President's refusal to give up\nthe tapes create an impression in the public's mind\nand in the minds of your constituents, for example, and elsewhere\nthat he has something to hide in the tapes?\nCONGRESSMAN FORD: I am sure there are some, but I\nthink the American people, on the other hand, there are\nmany who feel that the President was entirely right.\nSo, you get this balance both ways.\nIt is my understanding, as Senator Scott\nsaid a few minutes ago, that at a proper time in a proper\nforum, there will be a discussion by the President of\nwhat has taken place or transpired in the committee,\nbut in the meantime, the fundamental issue of the\navailability of the tapes is one that is properly\nin the court, and the court decision will be the final ----------\nQ\nThis morning, Senator Dole said that he\nthought all but a very few Republican Members of Congress\nin both Houses felt that the President should make\nthose tapes available. Do you think his assessment,\nhis head count, is correct?\nSENATOR SCOTT: Bob, I honestly don't know.\nWe have made no poll of that. Yesterday at our luncheon it was\nabout even. I think about three people expressed an opinion\none way and about three the other. I recall that\nSenator Ervin argued most persuasively and successfully\nbefore the Supreme Court that Senator Gravel was not\nrequired to give information which he was unwilling to\ngive, and thus the privacy of a Senator and the Senator's\nown personal actions was preserved.\nI am equally sure that if this gets to the\nSupreme Court, that the Court would feel as it does about\nits own papers. I can't see Warren Burger or the other eight\nmembers of that Court permitting anybody to see their\nnotes, or their privy conversations, before they arrive\nat their decisions.\nI think the same right exists with the Executive\ndepartment that exists with the Judiciary, and I agree\nwith Senator Ervin when he made that very persuasive\ncase on behalf of all of us when he argued the other\nside precisely of what he is arguing now. That is a\nlawyer's privilege. I am afraid we have all done it.\nQ\nSenator Scott, are you disturbed by the\nHarris Poll, which is saying today that the public by\na 51 to 37 percent margin feels that Mr. Nixon was\nwrong not to testify; secondly, that by 60 to 30 percent\nthey feel Mr. Nixon was more wrong than right in\ndeclining to give up documents, and then the last one by\na 50 to 30 percent edge they accept Mr. Dean's version\nover Mr. Nixon's. Does this disturb you, especially\nfrom the standpoint of the image of Presidential\nleadership?\nMORE\n- 5 -\nSENATOR SCOTT: It disturb me from another\nstandpoint, and that is that the public is being asked\nby the poll takers to make a judgment without having\nheard the full story. It is almost as if you took a\npoll of a celebrated jury trial matter halfway through\nGERALD FORD LIBRARY\nthe proceedings before hearing all of the witnesses\non both sides.\nMoreover, you have the enormous coverage of\ntelevision, you have the perfectly beautiful impact of\nMr. Dean's childish face and happy grimaces, and the\npublic probably being influenced by that and by what is\nbeing written.\nThe President will make a statement in which\nhe will respond in full and in detail to all of these\nstatements. That is the time to get a poll, and that\nis the time when I think you will find that the people will\nmake a judgment favorable to the President and unfavor-\nable to those whose motivation is an attempt to ease\ntheir own personal condition.\nSo that I think these polls are hardly\naccurate of a long-term view of the American people. I\nwould rather see what the American people say after they\nhave had the President's reply. And, of course, the\nPresident can't reply until all the witnesses are under\noath and have told their stories. Then you don't have\na chance for anybody to have some second thoughts\nin response.\nCONGRESSMAN FORD: I think it is also inter-\nesting, as long as we are talking about polls, I think\none of about a week ago indicated that if we had a\nrerun of the last Presidential election, Mr. Nixon\nwould still beat Senator McGovern by a reasonably\ncomfortable margin.\nQ\nIs that your standard? Is that the\nbasic standard?\nCONGRESSMAN FORD: We were talking about\npolls, and the significance of them, and the most\nimportant poll in the United States is what happens\nevery four years involving a President and the election\nof a President. I agree with Senator Scott that it is\nvery premature to pass judgment on what the public\nreaction will be because the committee hasn't concluded\nits hearings.\nAnd some of the most important witnesses that\nwill back up the President, apparently, have not yet\nhad their opportunity to testify. When that conclusion\ncomes, then you can get a more valid poll. But, we\ncertainly had a valid poll last November and the results\nof that election, as shown by this poll, would indicate\nthat again President Nixon would be elected if the\nelection were held at the present time.\nMORE\n- 6 -\nSENATOR SCOTT: Moreover, the court judgment,\nwhen that comes, is bound to affect the judgment of the\nGERALD FORD LIBRARY\npeople. If that judgment is favorable to the President,\nthen the people, many of them, will conclude -- they\nhave great confidence in our court system -- and many\nwill then conclude the President indeed has taken the\nright step, not only consistent with the precedents\nof his predecessors, but to support those precedents for\nhis successors.\nQ\nSenator, what if the court judgment says\nthat the President must comply with the subpoenas, and\nif the President chooses not to comply, then what is the\npublic opinion going to be?\nSENATOR SCOTT: Then the public will react\naccording to whether they think the President should\ncomply, and that is a highly speculative thing because\nI cannot imagine the President not administering and\nenforcing the laws of the land. But, I think that is\nhighly speculative.\nQ\nDo you believe if the court decision is\nthat the President should comply with the subpoenas,\ndo you believe the President will comply?\nSENATOR SCOTT: I do not believe that the\nPresident would defy the courts of the land unless\nthere were a situation which I cannot at this time foresee.\nQ\nSenator, do you think that the whole\nWatergate question then should not be discussed by the\nPresident in what you call a proper forum while it is still\nin the courts?\nSENATOR SCOTT: No, while we have the Phase I\nof the Watergate, which I understood from some of the\ncommittee yesterday they hope to finish August 3rd. That\nhope is shared by a lot of us, and following that, I would\nexpect some statement from the President, not during\nthe court. I don't think statements by the President\nwould prejudice or be intended to prejudice the rights\nof witnesses contrary to the effect of a Senate investi-\ngation.\nQ\nWhat you call a proper forum, would a\nproper forum simply be another speech by the President\nor would he be open to questions?\nSENATOR SCOTT: The President will make that\njudgment himself. It is my own personal view that I\nwould like him to be open to questions, but he will make\nthat decision.\nQ\nMr. Ford, do you share the view that if the\ncourts hold that the President should respond to the\nsubpoena and agree to release the tapes that he will\nand that he should?\nMORE\n- 7 -\nCONGRESSMAN FORD: I think it is premature in the\nfirst place, Ted, and I would like to wait and see what\nthe Court decides before making any public statement\nin that regard. I am optimistic that the constitutional\nrecommendations made to the President will result in his\nposition being upheld, and to speculate down the road\nFORD LIBRARY GERALD\nat this point I think is very premature.\nQ\nIs the White House going to move to quash\nthis?\nCONGRESSMAN FORD: I have no knowledge on that.\nQ\nAt this POint in time, putting aside the\nmerits of the President's case, do you think he has been\nhurt politically by his decision on how to handle these\ntapes?\nSENATOR SCOTT: Well, I think he is in the\nposition that any decision he makes is a hard one and,\ntherefore, has some political minuses as well as plusses.\nI think he has to look first to his duty, He has to do\nhis duty as he conceives it and as the Constitution\nrequires, and having done his duty, I believe then he will\nnot suffer the subsequent political minuses that may be\noccurring in the interim.\nQ\nAre they occurring now?\nSENATOR SCOTT: They are occurring in the interim,\nbecause, of course, people are placing different inter-\npretations on what the President is doing from the one\nI place on it, and they would do the same thing on the\ntapes as the President said in his letter.\nCONGRESSMAN FORD: If you believe the polls,\nI guess the conclusion is that his popularity, if that is\nthe right word, has been hurt, but the most important forum\nright\nnow at the present time is the reaction in the\nCongress.\nIn my judgment, at least as far as the House\nof Representatives is concerned, I see no adverse impact\nwhatsoever, none whatsoever. I could give illustrations\nwhere I think that, as a matter of fact, there has been\na solidification of Republican support in the House in\nbacking up the President, so in the most important forum\nright now, which is legislation, I don't think the Water-\ngate incident and what has happened subsequently has\nhad any adverse impact.\nQ\nNot even on the war powers bill?\nCONGRESSMAN FORD: The question of the war\npowers -- you mean Indochina or the war powers?\nQ\nWar powers and Indochina, Cambodia.\nCONGRESSMAN FORD: Let's take the war powers.\nThat legislation which passed the House had some grave\ndeficiencies. The Congress indicates, or some Members\nof Congress indicate, that they want to get back and\nbe a participant in this decision of war and peace, but\nit is almost unbelievable to me that the legislation the\ncommittee drafted gets the Congress back into that\nMORE\n- 8 -\nparticipation by doing nothing, and those of us who think\nthere ought to be a war powers bill believe that if the\nCongress wants to be a partner, they ought to at least\nbe a positive, affirmative partner.\nNow, our decision was predicated on principle,\nGERALDA FORD LIBRANT\nand I think the President's indication in the telegram\nthat he sent to me in this area indicates that he is\nwilling to compromise with the Congress so that the\nCongress and the President can be partners. So, what\nwe did on the House floor had no relationship whatsoever\nto Watergate.\nNow, let's take the August 15th date. The trend,\nif you looked at the voting pattern for the last two and\none-half years, it has been gradually moving in the\nHOuse to a cutoff date. And finally that took place.\nIt took place because the President had solved\nthe problems in South Vietnam. He had gotten the prisoners\nof war back, he had removed all of the military personnel\nfrom South Vietnam, we had gotten a settlement in Laos\nand the Members of the House, or at least the majority of\nthem, thought the major part of our activity in Indochina\nhad been settled and that Cambodia was not significant.\nAnd, therefore, a majority voted for a cutoff\ndate. But, I say very respectfully that I don't think\nWatergate had any influence whatsoever on that final\ndecision.\nQ\nMr. Ford, how do your colleagues feel about\nMr. Strachan's testimony that in White House meetings it\nwas decided not to provide financial support for Republicans\nwho were running against the Democrats who either supported\nthe President on the war or were backed by labor, whom\nthe White House did not want to offend?\nCONGRESSMAN FORD: I didn't hear what Mr. Strachan\nsaid. Some of us, you know, are working on the Hill on\nmatters that are of vital importance, and we just don't\nhave time to either listen to or read some of the testimony.\nBut, on the question of a White House decision not to\nvigorously oppose certain Democrats who had been helpful\nto the Administration over the previous four years, I\nunderstand that and, as a person who has to deal with those\nDemocrats in the House, many of them, having been very\nhelpful to the Administration and cooperative with me, I\nwould have a guilty conscience if I went out and tried\nto campaign against them or I went out and raised\nmoney to try and defeat them.\nThis is a very pragmatic world in which we\nlive in the House of Representatives, and I respect that\ndecision and, from my own activities, I wouldn't have gone\ndown and campaigned in those districts where those\nindividuals had worked with me over a period of four years.\nYou couldn't do it in good conscience.\nMORE\n- 9 -\nQ\nWhat about the ones who were just given\na more or less free ride because labor supported them\nand labor was being nice to the President?\nGERALD FORD LIBRARY\nCONGRESSMAN FORD: I think it is the same\nproblem. As long as individual Members of the House and/or\nthe Senate were cooperating with the Administration, I\nthink you have to take a look and see, number one, would\na campaign against them affect their attitude in subsequent\nlegislative matters before the House, and you also have to\ntake a look and see whether even a massive effort would\nhave had any impact politically.\nSome people, both Democrat and Republican,\nare in safe districts, and to try and launch an over-\nwhelming campaign against a person in a safe district\nis not a very good or a very wise policy, in my judgment.\nSENATOR SCOTT: Something was said about the\nCambodia bombing. There were some who had opinions\nthat were strongly one way, some the other, when this\nissue came up, and I think most of you know that if it had not\nbeen for the fact that Jerry Ford and I both sat down and\nworked out a compromise, the votes would not have been\nthere for what finally, eventually was the August 15th\ncutoff.\nSo, I think there was an effort by Congress to\nget a piece of the action that has been going on for a\nlong time, and I mentioned that. But, when the situation\nwas finally done, it was done because of actionstaken\nby the minority leaders in the House and Senate.\nQ Do you expect the President to observe that\nbombing cutoff date, Senator? Are you confident that\nhe will respect it?\nSENATOR SCOTT: I have heard or seen nothing\nthat would indicate to me that it would not be respected.\nThe Congress has acted. The President always has the\npower to ask for additional powers. I have not\nreceived any notice that he will.\n2\nSenator Scott, do you think the Ervin\nCommittee is doing a good job?\nSENATOR SCOTT: I think that the television\nreports of it are spectacular.\nQ Senator, does the matter of possible\ncriminal prosecution put a different coloration on\nwhat the Supreme Court might do on the issue of\nconfidentiality? I think the illustrations you gave\ndid not involve that question, did they?\nSENATOR SCOTT: Well, I am not sure what change\nwould result from a different set of circumstances. The\nbroad principle does not seem to me to be effected; namely,\nthat the Judiciary has certain rights of confidentiality,\nthe Executive has certain rights of confidentiality, and\nSenator Ervin established that the Senate has certain rights\nof confidentiality.\nMORE\n- 10 -\nI think that when people speak of wrongdoing,\nthat that is a question of fact. I think there has to\nbe evidence, and in our courts we usually require more\nthan one witness, especially one witness who is himself\nunder charges of suborination of perjury.\nGERALD, FORD LIBRARY\nI have prosecuted about 10,000 cases. I never\ntried a defendant on the evidence of a witness himself\nguilty of a violation of a part of the perjury statutes.\nI had sense enough as a District Attorney to know that\nyou couldn't get a conviction on that kind of evidence. It\nwas tainted evidence, in other words, as this is.\nQ\nWhat did you tell the President was\nhappening to the trade bill, and why?\nCONGRESSMAN FORD: We had a report from one\nof the members of that committee.\nQ\nMr. Conable?\nCONGRESSMAN FORD: Mr. Conable, who reported that\nthe committee was moving along very, very well in making\nbasic decisions, that it\nlooked like most of those\nbasic decisions would be finished by the time of the\nAugust recess, that when they returned after the recess,\nthey probably would act on the bill as such.\nThis, of course, means that the bill won't\nbe on the floor of the House before the recess, but\nshould be available for consideration shortly after the\nrecess, sometime in September.\nQ\nThe other day Congressman Conable in a\nspeech before the League of Women Voters blamed the\nWhite House for the trouble the trade bill was in. He\nsaid they didn't have a realistic readjustment allowance.\nDid he tell the President that?\nCONGRESSMAN FORD: He did bring up the readjust-\nment allowance matter. He said that it appeared that the\ncommittee would substantially increase the readjustment\nallowance, but other than that comment, there was no\ndiscussion of that provision.\nQ\nDo either of you gentlemen feel that the\nErvin committee is out to get the President, and then a\nsecond part of the question is do you support the effort\nof the Ervin committee, which was approved by all the\nRepublicans on the committee, to subpoena documents and\nrecords from the President?\nCONGRESSMAN FORD: I believe that the Ervin\ncommittee is trying to do the job that they were\nassigned. I think it is a pretty loose operation in the\nway in which they interrogate witnesses. I think they\ncould have refined their interrogation to fewer hypothetical\nquestions and more direct questions trying to elicit facts.\nI think the committee probably had no other choice than to\ndo what they did when the President refused to make the\ntapes available. I think now the matter is before the\ncourt, and that is going to be the final decision.\nMORE\n- 11 -\nQ\nAre they out to get the President?\nCONGRESSMAN FORD: I wouldn't say that, or put\nit in that context. It appears that they are trying to\ncreate public opinion to some extent by some of these\nhypothetical questions that certainly wouldn't see the\nlight of day in a courtroom. But, this is the way they\nCERALOR FORD HIBRARY\nare proceeding, and I know a lot of people think they\nare out to get the President.\nSENATOR SCOTT: I supported the creation of\nthe committee and its right to do what it is. I\nthink it is a fair observation that those watching the\nproceedings might be impressed with the fact that the\ncommittee seems to be tougher on witnesses favorable\nto the President than it is on witnesses unfavorable\nto the President, and I think we have to let the facts\nspeak for themselves as to what the motivation may prove\nto be of individual members of the committee. I\ncertainly wouldn't condemn the committee collectively\nat all.\nQ\nWhat about the subpoena?\nSENATOR SCOTT: I think they had no choice\nbut to go through with the subpoena in view of their\ntheory, their schematology of the case.\nQ\nDo you think the President will move\nto quash the subpoenas?\nSENATOR SCOTT: I have not been told that, and\nI don't know, Helen. That question ought to be addressed\nto someone down here.\nQ\nWe can't get any answers down here.\nSENATOR SCOTT: Can't you? It will go to the\ncourts one way or another, yes.\nQ\nSenator, if the tapes never do come out,\nnever are made public, in your judgment, will the\nPresident be able to dispel the suspicions which have\nbeen raised in the public's mind by the Watergate\nepisode?\nSENATOR SCOTT: I think the President will be\nable to offer not only his own statement but various\nelements of corroborative evidence from time to time on\nvarious specific dates. For example, if you notice the\ntime period, one witness says that he was alone with the\nPresident and the meeting took about an hour, and if\nyou look at the time period, he was only alone with the\nPresident for five minutes at the end of the meeting\nand one minute at the beginning of the meeting, and not\nalone with the President for 40 some minutes, as I\nrecall it.\nNow, it is very likely that those who were with\nthe President in that 40 minutes will have their own\nrecollections. So, I think you will have corroborative\ntestimony as well.\nMORE\n- 12 -\nQ\nCan we get a listing of those 15 bills,\nand particularly if they are of priority?\nMR. WARREN: Surely. I thought you might\nhave asked these gentlemen during the briefing, but\nFORD LIBRARY & 076838\nwe ---\nSENATOR SCOTT: We will have a list of the 15\nand a list of the 20. There really are 35.\nMR. WARREN: We will gather here after the\nmeeting with the Shah ends.\nQ\nWhen will that be?\nMR. WARREN: I would expect that would be within\na half hour.\nTHE PRESS: Thank you.\nEND\n(AT 11:20 A.M. EDT)\nLEADERSHIP DISCUSSION (15 bills)\nI. REVENUE SHARING:\n1. Manpower Training\nBuffn\nFORD is LIBRARY 038410\n2. LEAA\n3. Better Communities\nTown\n4. Better Schools\nII. REORGANIZATION:\n5.\nBicentennial Reorganization\n6.\nElection Reform Commission\n7. DENR\n8. Legal Services Corporation\nIII. ENERGY:\n9. Gas Deregulation\n10. Alaska Pipeline\n11. Deep Water Ports\nIV. OTHER:\n12. Trade Reform\n13. Export Administration\n14. Foreign Assistance\n15. Pensions\nOTHER LEGISLATION (20 bills)\nI.\nJUSTICE:\nFORD & LIBRARY SERVID\n1. Heroin Trafficking Act\n2.\nCapital Punishment\n3. Criminal Code Reform\nII.\nGSA:\n4. Stockpile Disposal\nIII. OMB:\n5. Reorganization Authority Extension\n6. CIEP Authority\nIV.\nLABOR:\n7. Unemployment Compensation\nV.\nHUD:\n8. Flood Disaster\nVI.\nEPA:\n9. Toxic Substances\n10. Safe Drinking Water\nVII. HEW:\n11. Vocational Rehabilitation\n12. Health Maintenance Organization\nVIII. DOT:\n13. Northeast Railroad\n14. Federal Aid Highways\n15. Urban Mass Transit\nIX.\nTREASURY:\n16. Par Value\n17. POW Tax Relief\n18. Tax Reform\n- -2-\nX. AGRICULTURE:\n19. Farm Bill\nFORD & LIBRARY 038400\nXI. INTERIOR:\n20. Surface Mining\nLEADERSHIP DISCUSSION (15 bills)\nI.\nREVENUE SHARING:\nFORD i LIBRARY GERALD\n1. Manpower Training\n2. LEAA\n3. Better Communities\n4. Better Schools\nII. REORGANIZATION:\n5.\nBicentennial Reorganization\n6. Election Reform Commission\n7. DENR\n8.\nLegal Services Corporation\nIII. ENERGY:\n9. Gas Deregulation\n10. Alaska Pipeline\n11. Deep Water Ports\nIV. OTHER:\n12. Trade Reform\n13. Export Administration\n14. Foreign Assistance\n15. Pensions\nOTHER LEGISLATION (20 bills)\nI.\nJUSTICE:\n1.\nHeroin Trafficking Act\n2.\nCapital Punishment\nFORD & LIBRARY GERALD\n3.\nCriminal Code Reform\nII.\nGSA:\n4. Stockpile Disposal\nIII. OMB:\n5. Reorganization Authority Extension\n6. CIEP Authority\nIV. LABOR:\n7. Unemployment Compensation\nV.\nHUD:\n8. Flood Disaster\nVI.\nEPA:\n9. Toxic Substances\n10. Safe Drinking Water\nVII.\nHEW:\n11. Vocational Rehabilitation\n12. Health Maintenance Organization\nVIII. DOT:\n13. Northeast Railroad\n14. Federal Aid Highways\n15. Urban Mass Transit\nIX.\nTREASURY:\n16. Par Value\n17. POW Tax Relief\n18. Tax Reform\n-2-\nX.\nAGRICULTURE:\n19. Farm Bill\nXI. INTERIOR:\nGERALD\nFORD & LIBRARY\n20. Surface Mining\nLABOR\nFORD & LIBRARY GERALD\nLEGISLATION: Manpower Training (S 1514; HR 7489)\nBACKGROUND: Labor draft cleared on April 6, 1973\nPROVISIONS: This bill, an extension of the Act, represents the\nstatutory base for the Department of Labor to administratively implement\nmanpower revenue sharing. $1. 3 billion is in the FY '74 Budget for this\nfunction. A separate bill for special revenue sharing was not requested.\nSTATUS:\nHOUSE: Labor Committee reported amended bill, HR 7950, on\nJune 18, 1973. However, this measure specifically prohibits revenue\nsharing.\nSENATE: S 1560, adopted by Labor Committee in lieu of S 1514, now\non Senate Calendar. The bill endorses revenue sharing approach.\nOUTLOOK: Action likely after August recess. Result is likely to be\nmore of same categorical manpower programs, without authority for\nrevenue sharing.\nJUSTICE\nFORD & LIBRARY GERALD\nLEGISLATION: LEAA Revenue Sharing (S 1234; HR 5613)\nBACKGROUND: Special Message on March 14, 1973.\nPROVISIONS: Provides for $800 million special revenue sharing for\nimproving State and local criminal justice systems. Requested current\nblock grant program drop matching requirements, maintenance of effort\nand federal approval requirements.\nSTATUS:\nHOUSE: Passed amended bill, HR 8152, (391-0) on June 18, 1973.\nExtends authorization one year at $1 billion.\nSENATE: Passed McClellan substitute on June 28, 1973. Extends\nauthorization for five years at annual level of $1 billion.\nOUTLOOK: Conference Committee has reconciled 32 matters in\ndisagreement and should be reported soon. Final measure will not be\npure revenue sharing, but continuation of block grants with \"strings.\"\nHUD\nGERALD R. FORD LIBRARY\nLEGISLATION: Better Communities Act (S. 1743; H.R. 7277)\nBACKGROUND: Message sent March 8, 1973; HUD draft cleared April 18th.\nPROVISIONS: Provides revenue-sharing at $2. 3 billion annually for\ncommunity development, replacing categorical grant programs and\nreducing Federal control. Measure would take place of urban renewal,\nmodel cities, neighborhood facilities, water and sewer, public facilities, etc.\nSTATUS:\nHOUSE: Absolutely no movement for hearings on H. R. 7277. It is doubtful\nif such will be scheduled soon, perhaps not even this year.\nSENATE: First action taken July 16, 1973 with Secretary Lynn testifying\nbefore Subcommittee on House and Urban Affairs. During 3 hours of\ntestimony, some five minutes spent on BCA, the remainder on Housing.\nThe Administration's housing proposal won't be sent to Congress until\nSeptember 7th.\nOUTLOOK: HUD had thought there was a 50-50 chance for enactment\nby next year. This was a most optimistic outlook and most now agree the\n93rd Congress will not pass Better Communities.\nHEW\nLEGISLATION: Better Schools Act (S. 1319; H. R. 5823)\nGERALD R. FORD TERRARY\nBACKGROUND: HEW draft cleared March 18, 1973.\nPROVISIONS: Provides for $2.5 billion special revenue-sharing for\neducation to replace 32 categorical grant programs and reducing Federal\ncontrol from education. Better Schools Act would make funds available\nfor five general purposes: disadvantaged, handicapped, vocational,\nimpacted aid and supporting materials-services.\nSTATUS:\nHOUSE: General Subcommittee on Education now in mark-up. Brademas\nsays he will kill revenue sharing. Perkins bill, H.R. 69, likely to be\nreported. This is extension of ESEA categorical programs.\nSENATE: S. 1319 will be considered during Subcommittee hearings on\nJuly 31. Chairman Pell will push his legislation for categorical programs.\nOUTLOOK:\nA.\nThe Administration agreed to allow the one-year simple extension\nof ESEA and modify FY '74 Budget request to continue categorical\nprograms in return for Republican Leadership effort to secure\nrevenue sharing.\nB.\nVery likely the President will receive extension of old programs\nand will have to be vetoed with request for consideration of Better\nSchools Act.\nC.\nProspect is for eventual bill which will move toward revenue sharing,\nprobably consolidating some programs for local priorities.\nOMB\nLEGISLATION: Bicentennial Reorganization (HR 3695)\nFORD & LIBRARY GERALD\nBACKGROUND: Statement on February 1, 1973\nPROVISIONS: Establishes an American Revolution Bicentennial\nAdministration in lieu of the present Commission with a budget of\n$7. 1 million.\nSTATUS:\nHOUSE: Passed in acceptable form (344-14), an amended bill\nHR 7446 on June 7, 1973. In addition to Administrator, the bill creates\na Board of Directors and Advisory Council.\nSENATE: Judiciary Subcommittee hearings held July 11, 1973. Hruska\nplans executive mark-up this week and hopes to get bill to Floor before\nAugust recess.\nOUTLOOK: Promising.\nLEGISLATION: Federal Election Reform Commission (SJ Res 110;\nHJ Res 559)\nFORD & LIBRARY GERALD\nBACKGROUND: Presidential Message on May 16, 1973\nPROVISIONS: Establishes a 17-member bipartisan Commission to\nstudy election reform and make appropriate recommendations by\nDecember 1, 1973.\nSTATUS:\nHOUSE: Referred to House Administration on May 16, 1973. No action schediled.\nSENATE: Rules Committee reported bill on Floor this week, S 372,\nwhich is multi-purpose overhaul of Federal Elections Act. It includes:\nTV equal time repeal for all Federal offices, local stations retain\npolitical ads for two years, responsibility for expenditures by candidates\ntightened, re-defines political committees. establishes Federal Election\nCommission, reporting dates changed, sets limits on political gifts,\nestablishes 20¢ per voter spending ceiling, permits voluntary contri-\nbutions fund by business and labor, etc. Some 25 Floor Amendments\npending.\nOUTLOOK: Wayne Hays, House Chairman, has no interest in Commission\nor other campaign reforms. Senate bill is so loaded and with so many\npending amendments, there is prospect the measure will eventually be\ndefeated. Too little time remaining to have commissions' recommendations\nconsidered and effective by 1974 campaigns.\nOMB\nLEGISLATION: Department of Energy & Natural Resources (S 2135; HR 9090)\nBACKGROUND: Presidential Statement on June 29, 1973.\nFORD i LIBRARY GERALD\nPROVISIONS: Combines the Department of Interior and parts of\nseveral other agencies to form a new Department of Energy and Natural\nResources.\nSTATUS:\nHOUSE: Referred to Government Operations on June 29, 1973. Sub-\ncommittee hearings being held this week.\nSENATE: Referred to Government Operations on July 9, 1973.\nOUTLOOK: Impossible this year; doubtful next year.\nOMB\nFORD & LIBRARY GERALD\nLEGISLATION: Legal Services Corporation (S 1815; HR 7824)\nBACKGROUND: Special Message on 3/1/73\nPROVISIONS: Provides for an 11-member legal service corporation\nto give access to legal representation for citizens who would otherwise\nhave been denied it because of lack of funds. Contains provision for\nstate advisory councils.\nSTATUS:\nHOUSE: Amended HR 7824 passed House by vote of 276 - 95 on 6/21/73.\nTwenty amendments were added on House Floor so that measure restricts\nactivity of poverty lawyers.\nSENATE: Awaiting Committee action. Latest report is that Senate\nLabor and Public Welfare Committee may accept President's original version.\nOUTLOOK: Prospects good for measure President can sign; after recess.\nINTERIOR\nFORD & LIBRARY GERALD\nLEGISLATION: Natural Gas Supply (S 2048; HR 7507)\nBACKGROUND: Special Message on April 18, 1973\nPROVISIONS: Provides that prices paid by interstate pipelines\nto producers for new supplies of domestic natural gas will be determined\nby competitive forces of the market system rather than by the Federal\nPower Commission (Deregulation at wellhead).\nSTATUS:\nHOUSE: Referred to Commerce Committee; no further action and\nnothing scheduled.\nSENATE: Referred to Senate Commerce Committee; no further action\nand nothing scheduled.\nOUTLOOK: Pessimistic\nINTERIOR\nFORD & LIBRARY GERALD\nLEGISLATION: Alaska Pipeline (S. 1040; H.R. 5442)\nBACKGROUND: Interior draft cleared February 27, 1973\nPROVISIONS: This bill would amend the Mineral Leasing Act of 1920\ngranting rights-of-way across Federal lands to allow the construction\nof the Trans-Alaska Pipeline.\nSTATUS:\nHOUSE: House Interior Committee reported H.R. 9130. By a vote of\n20-17 Committee prohibited further court review of Pipeline.\nSENATE: S. 1081 passed Senate on July 17 by vote of 77-20. Adopted\nStevens Amendment, 49-48, barring court review of environmental\naspects of the project.\nOUTLOOK: Prospects good for enactment prior to recess.\nINTERIOR\nFORD & LIBRARY GERALD\nLEGISLATION: Deep Water Ports (S 1751; HR 7501)\nBACKGROUND: Special Message on April 18, 1973\nPROVISIONS: Provides authority for the Secretary of the Interior,\nin consultation with other federal agencies and State governments, to\nissue a license in waters beyond State jurisdiction for the operation\nof deep water ports.\nSTATUS:\nHOUSE: Before House Interior Environmental Subcommittee for hearings.\nProspects in House are cloudy because of jurisdictional problems between\nInterior, Public Works, and Merchant Marine and Fisheries Committees.\nSENATE: Interior, Commerce, and Public Works Committees will hold\njoint hearings July 23 - 25.\nOUTLOOK: Doubtful\nCOMMERCE\nFORD & LIBRARY GERALD\nLEGISLATION: Trade Reform Act of 1973 (HR 6767)\nBACKGROUND: Special Message on April 10, 1973.\nPROVISIONS: Gives the President the negotiating tools to achieve\nbetter treatment for America in world trade. Authority to raise, lower,\nor eliminate tariff barriers, to reach agreements on non-tariff barriers,\nadjustment assistance, unfair competition, MFN.\nSTATUS:\nHOUSE: Ways and Means hearings commenced on May 9, and mark-up\nstarted on June 19. Committee currently pushing to report bill by August\nrecess.\nSENATE: Referred to Senate Committee on Finance. No hearings\nscheduled.\nOUTLOOK: Believe the bill is shaping up to be acceptable to all interests\nand will be passed by House in September. Concerned over pernicious\nFloor amendments.\nSenate should move quickly after House passage but possibility of\n\"Christmas Tree\" amendments which will have to be worked out in\nconference.\nCOMMERCE\nGERALD, FORD LIBRARY\nLEGISLATION: Export Administration Act (S 2053; HR 8547)\nBACKGROUND: Special Message on June 13, 1973\nPROVISIONS: Amends the Export Administration Act of 1969, protects\nthe domestic drain of scarce materials and commodities and reduces\nthe inflationary impact of abnormal foreign demand.\nSTATUS:\nHOUSE: House Floor originally scheduled for July 19 postponed -\nprobably until after Labor Day.\nSENATE: Senate Banking Committee mark-up scheduled for July 25.\nOUTLOOK: The Ashley bill, HR 8547, faces some opposition in the\nHouse, but the overall outlook is good. Free traders and agriculture\nbloc can be expected to fight measure.\nIn the Senate, Bob Packwood can be expected to try to amend bill to\ninclude provision of his log export control amendment.\nLEGISLATION: Foreign Assistance Act (S. 1711; H. R. 7484)\nFORD is LIBRARY GERALD\nBACKGROUND: Presidential Message sent May 1, 1973\nPROVISIONS: Authorizes $2. 9 billion for economic and military assistance.\nOf this amount, $1. 2 billion is for military assistance and the remainder\nfor economic assistance.\nSTATUS:\nHOUSE: House Foreign Affairs Committee on July 19, 1973 ordered\nreported a clean bill --- H. R. 9360. Should be on House Floor this week.\nMilitary aid programs cut about 25%. Indochina funding is at Administra-\ntion level but effort will be made on floor to cut.\nSENATE:\nA.\nSenate separated military and economic programs into two bills.\nOn June 26 Senate passed Military Assistance Bill authorizing\n$770 million (1/2 requested amount). Many restrictive amendments\nadded in committee and on Floor.\nB.\nSenate Foreign Relations Committee reported economic assistance\nbill last week which is $1. 2 billion or 25% below Budget. Courtesy\nreferral to Finance Committee with mandatory reporting date of\nSeptember 15.\nOUTLOOK: Prospects are uncertain. Foreign aid has been kept alive\nby Continuing Resolution for two years. Conservatives and Liberals are\nopposed to program -- for different reasons.\nLABOR\nLEGISLATION: Pensions (S. 1557; H.R. 6900)\n(Employee Benefits Protection Act and Retirement\nBenefits Tax Act)\nBACKGROUND:\nSpecial Message April 11, 1973\nFORD LIBRARY & GERALD\nPROVISIONS:\nA.\nFiduciary Bill: provides for the reform of the private pension\nsystem.\nB.\nVesting Bill: Employee gains unforfeitable right to 50% of his\npensions benefits when his age and his years of coverage totaled\n50. After that 10% vesting each year until attain 100%.\nSTATUS:\nHOUSE: Erlenborn introduced H.R. 6900, Administration bill, on April 12,\n1973. Chairman Dent is holding informal sessions on his bill, H.R. 2. It\nappears House is waiting for Senate to make the first move.\nSENATE: S. 1557 still pending in Labor Committee. Williams/Javits bill,\nS. 4, now on Senate calendar. Senate could consider S. 4 prior to August\nrecess. This measure is objectionable. Senate Finance Committee also\nreported vesting legislation on July 24, 1973. Both bills may be married on\nSenate Floor.\nOUTLOOK: The President very likely will receive a measure he'll have\nto veto this fall. One hope is that both measures will be joined in a Ways &\nMeans/Finance Committee bill number permitting a conference by more\nconservative Members than on Labor Committees.\nEd. + Labor\nX53725\nLEGISLATION:\nLABOR\nPensions (S. 1557; H.R. 6900)\n(Employee Benefits Protection Act)\nBACKGROUND:\nSpecial Message 4/11/73\nFord FORD\n& LIBRARY 938870\nPROVISIONS:\nProvides for the reform of the private pension system.\nSTATUS:\nA. HOUSE: Erlenborn Introduced H.R. 6900, Adm. bill, on 4/12/73\nChairman Dent is holding informal sessions on his\nbill, H.R. 2. It appears House is waiting for Senate\nto make the first move.\nB. SENATE: S. 1557 still pending in Labor Committee. Williams/\nJavits bill, S. 4, now on Senate calendar. Senate\nOUTLOOK:\ncould consider S. 4 prioer to August recess (Byrd\nlisted the bill as one to be taken up in July). This\nmeasure is objectionable. Senate Finance Committee\nalso considering pension legislation.\nThe President very likely will receive a measure he 11 have to\nveto this fall.\nnew\nErlenbon's/bill is HR 9232, attached.\nInterior cam.\nX 56065\nINTERIOR\nLEGISLATION:\nford\nAlaska Pipeline (S. 1040; H.R. 5442)\nBACKGROUND:\nInterior draft cleared 2/27/73.\nFORD is LIBRARY GERALD\nPROVISIONS:\nThis bill would amend the Mineral Leasing Act of 1920 to allow the\nconstruction of the Trans-Alaska Pipeline.\nSTATUS:\nA. HOUSE:\nHouse Interior Public Lands Subcommittee\nreported H.R. 9130. May go to full Committee\nsoon. is meeting for mark -up of bill.\nHope to finishy usday 7/24/73.\nB. SENATE:\nS. 1081 passed Senate on July 17 by vote of 77-20.\nOUTLOOK:\ncheck W tourney\nw+m com.\nX 54021\nCOMMERCE\nLEGISLATION:\nTrade Reform Act of 1973 (H. R. 6767)\nconable\nBACKGROUND:\nFord\nSpecial Message 4/10/73\nFORDO & LIBRARY GERALD\nPROVISIONS:\nGives the President the negotiating tools to achieve better treatment for\nAmerica in world trade.\nSTATUS:\nA. House: Hearings commenced on May 9 and mark-up started on\nJune 18. Committee currently pushing to report bill\nso it can be passed by August recess. (Doubtful now that\nit will have action before recess)\nB. Senate: Referred to Senate Committee on Finance. No hearings\nscheduled.\nOUTLOOK:\nBelieve the bill is shaping up to be acceptable to all interests. It will be\npassed by House barring any wild amendments.\nInterior Com.\nX 56065\nINTERIOR\nLEGISLATION:\nBACKGROUND:\nFord!\nmaillaid\nDeep Water Ports (S 1751; HR 7501)\nSpecial Message 4/18/73\nR.FORD & LIBRARY GERALD\nPROVISIONS:\nProvides authority for the Secretary of the Interior, in consultation\nwith other federal agencies and State government to issue a license\nin waters beyond State jurisdiction for the operation of deep water\nports.\nSTATUS:\nHearingip\nheld of\nA. HOUSE:\nBefore House Interior Environmental\nother alaska hearing\non Pipeline.\n,\nSubcommittee for hearings Prospects\nin House are cloudy because of jurisdictional\nproblems between Interior, Public Works and\nMerchant Marine and Fisheries Committees.\nNo Floor action in the House likely until after\nthe recess.\nB. SENATE:\nInterior, Commerce, and Public Works Committees\nwill hold joint hearings July 23 through 25.\nNo Senate Floor action likely before recess.\nOUTLOOK:\nDout. X55074 Operations\nLEGISLATION:\nford anderson\nDept. of Energy and Natural Resources (S. 2135; H.R. 9090)\nBACKGROUND:\nPresidential Statement\nFORD & LIBRARY GERALD\nPROVISIONS:\nCombines the Dept. of Interior and several other agencies to\nform a Dept. of Energy and Natural Resources.\nHearings started\nSTATUS:\nTuesday (7/24)\nA.\nHOUSE:\nReferred to Government Operations on\n6/29/73. Presently holding hearings- will continue\nfor several days.\nB. SENATE: Referred to Government Operations on 7/9/73\nOUTLOOK:\nMemo: Mr. Horton says he is optimistic about getting a bill out by November.\nThey wall continue hearings this week and next and resume after the recess.\nHe says Chairman Holifield is generally favorable to the bill's objectives\nand the only problem he sees may come from the Corps of Engineers. He praised\nMr. Ash's preliminary spadework in obtaining input from Government Operations\nand other House Committees concerned and said Holifield also appears to get.\nalong well with Ash.\nRTH\n(HR5163) (HR 69)\nQuie & Perkins\nstill trying to\nCharge each others their\nminds about\npoints of views\nwill know better\nby Oct. what is\ngloing to happen.\nno. support at\nall for adm. Bill\n(HR 5823) in the FORD\nCommittee\nLIBRARY is\nEd Labor Comm\nX53725\nHEW\nLEGISLATION:\njoid / Quie\nBetter Schools Act (S 1319; HR 5823)\nBACKGROUND:\nHEW draft cleared 3/18/73\nFORD LIBRARY & GERALD\nPROVISIONS:\nProvides for special revenue-sharing for education to replace categorical\ngrant programs and remove Federal control from education.\nSTATUS:\nA.\nHOUSE:\nGeneral Subcommittee on Education now in mark-up.\nBrademas says he will kill HR 5823. Perkins bill,\nHR 69, likely to be reported. This is extension of\nESEA.\nB. SENATE: S 1319 will be considered during Subcommittee\nhearings on July 31. Chairman Pell will push his\nversion, S 1539.\nOUTLOOK:\nInterstate + foreign Commerce\nX 53641\nINTERIOR\nLEGISLATION:\nFord /Levine\nNatural Gas Supply (S 2048; HR 7507)\nBACKGROUND:\nSpecial Message 4/18/73\nFORD & LIBRARY 03RA70\nPROVISIONS:\nProvides that prices paid by interstate pipelines to producers for\nnew supplies of domestic natural gas will be determined by competitive\nforces of the market system rather than by the Federal Power Commission.\nSTATUS:\nA. HOUSE:\nReferred to Commerce Committee; no further\naction and nothing scheduled.\nB. SENATE:\nReferred to Senate Commerce Subcommittee\nNo further action and nothing scheduled.\nOUTLOOK:\nforeign affairs\nX56735\nLEGISLATION:\nForeign Assistance Act (S 1711; HR 7484)\nScott -mailland\nBACKGROUND:\nPresidential Message\nFORD & LIBRARY GERALD\nPROVISIONS:\nAuthorizes $2.9 (b) billion for economic and military assistance.\nOf this amount, $1.2 (b) billion is for military assistance and the\nremainder for economic assistance.\nSTATUS:\nA. HOUSE:\nHouse Foreign Affairs Committee on 7/19/73\nordered reported a clean bill -- HR 9360 Morgan)\n(7/25/73)\nScheduled for Floor action tomorrow Wednesday\nOUTLOOK:\nBanking (Houling) + Curr. X 52805\nLEGISLATION:\nHUD\nBetter Communities Act (S. 1743; H.R. 7277)\nBACKGROUND:\nScottl\nTowerlow\nHUD draft cleared 4/18/73\nPROVISIONS:\nFORD is LIBRARY GERALD\nProvides revenue sharing for community development replacing\ncategorical grant programs and reducing Federal control.\nSTATUS:\nA.\nHOUSE: Absolutely no movement for hearings on H.R. 7277.\nIt is most doubtful if such will be scheduled soon,\nperhaps not even this year.\nB. SENATE: First action taken 7/16/73 with Sec'y Lynn testify-\ning before Subcommittee on House and Urban Affairs.\nDuring 3 hours of testimony, some five minutes spent\non BCA, the remainder on Housing. The Administrat-\nion's housing proposal won't be sent to Congress\nOUTLOOK:\nuntil Sept. 7. The opening of the 2 wks of hearings\nconsidered a failure.\nD.O.T. had though there was a 50/50 chance for enactment by\nnext year. This was a most optimistic outlook and most agree the\n93rd Congress will not pass Better Communities.\nBanking X52258 & currency\nLEGISLATION:\nCOMMERCE\nExport Administration Act (S. 2053; H. R. 8547)\nBennett Widnall\nBACKGROUND:\nscott\nSpecial message - 6/13/73\nFORD LIBRARY is GERALD\nPROVISIONS:\nAmends the Export Administration Act of 1969, protects the\ndomestic drain of scarce materials and commodities and\nreduces the inflationary impact of abnormal foreign demand.\nSTATUS:\nA. HOUSE:\nHouse Floor originally scheduled for 7/19\npostponed at least until September\nB.\nSENATE: Senate Banking Committee mark-up scheduled for\n7/25\nOUTLOOK:\nThe Ashley bill, H.R. 8547, faces some opposition in the House,\nbut the overall outlook is good. Free traders and agriculture\nbloc can be expected to fight measure.\nwhy postpored until Sept?\nafter farm bill - songleans one tem -\nPnes using execting authority\nX56906 Judiciary Com,\nOMB\nScott\nLEGISLATION:\nBicentennial Reorganization (HR 3695)\nBACKGROUND:\nStatement 2/1/73\nFORD LIBRARY & GERALD\nPROVISIONS:\nEstablishes an American Rev. Bicentennial Administration\nin lieu of the present Commission.\nSTATUS:\nA. HOUSE:\nHas passed in acceptable form, 344-14, an\namended bill HR 7446.\nB. SENATE:\nJudiciary Subcommittee hearings held July 11,\n1973. Hruska plans executive mark-up this\nweek and hopes to get bill to Floor before\nAugust recess.\nOUTLOOK:\nEducation+ + Labor\nX 53725\nOMB\nLEGISLATION:\nLegal Services Corporation (S 1815; H.R. 7824)\nCariffen\nBACKGROUND:\nSpecial Message 3/1/73\nScott\nFORD LIBRARY & GERALD\nPROVISIONS:\nProvides for a legal service corporation to give access to legal representation\nfor Americans who would otherwise have been denied it because of lack of\nfunds.\nSTATUS:\nA. HOUSE: Amended H.R. 7824 passed House by vote of 276- - 95 on\n6/21/73.\nB. SENATE: Awaiting Committee action. Latest report is that Senate\nLabor and Public Welfare Committee may accept House\nversion.\nOUTLOOK:\nEd. of Labor Com\nLABOR\nX 53725\nLEGISLATION:\nManpower Training (S 1514; H.R. 7489)\nScott Griffin/ Quio\nBACKGROUND:\nLabor draft cleared 4/6/73\nFORD LIBRARY & GERALD\nPROVISIONS:\nThis bill, along with the manpower programs authorized under the Economic\nOpportunity Act, represent the statutory base for the Dept. of Labor to\nadministratively implement manpower revenue sharing.\nSTATUS:\nA. HOUSE:\nLabor Committee reported amended bill, H.R. 7950, on\n6/18/73. Floor action not scheduled. awaiting a rule.\nB. SENATE: S 1560, adopted by Labor Committee in lieu of S 1514,\nnow on Senate calendar. July action probable.\nOUTLOOK:\nHouse adm\nX 52060\nScott\nFord\nLEGISLATION:\nFederal Election Reform Commission\n(SJ Res. 110; HJ Res 559)\nBACKGROUND:\nPresidential Message\nFORD LIBRARY & GERALD\nPROVISIONS:\nEstablishes a bi-partisan Commission to study election reform and make\nappropriate recommendations.\nSTATUS:\nA.\nSENATE:\nSenate Rules reported on 7/11/73 SJ 110 with\namendments.\nB. HOUSE:\nReferred to House Administration on 5/16/73\nhearing until after august recess.\nProbably will not schedule any\nOUTLOOK:\nLEGISLATION:\nJUSTICE\nLEAA Revenue Sharing (S. 1234; H.R. 5613)\nBACKGROUND:\nSpecial Message 3/14/73\nFORD LIBRARY & CERALD\nPROVISIONS:\nProvides for special revenue-sharing for improving State\nand local criminal justice systems.\nSTATUS:\nA. HOUSE:\nPassed amended bill (391-0) H.R. 8152 on 6/18/73.\nExtends authorization 1 year at $1 billion.\nB.\nSENATE: Passed McClellan substitute on 6/28/73.\nExtends authorization for 5 years.\nOUTLOOK:\nConference Committee has reconciled 32 matters in disagreement.\nRemaining to be settled are:\n(1) Juvenile Justice Provision (Bayh Amendment)\n(2) Kennedy Dissemination of information Amendment\n(3) Length of authorization - two years or four years.\nConference should be reported soon.\nFORD LIBRARY is CERALD\n93D CONGRESS\n1ST SESSION\nH. R. 5613\nIN THE HOUSE OF REPRESENTATIVES\nMARCH 14, 1973\nMr. HUTCHINSON (for himself, Mr. McCLORY, and Mr. SANDMAN) introduced\nthe following bill; which was referred to the Committee on the Judiciary\nA\nBILL\nTo provide for special law enforcement revenue sharing.\n1\nBe it enacted by the Senate and House of Representa-\n2 tives of the United States of America in Congress assembled,\n3 That this Act may be cited as the \"Law Enforcement\n4 Revenue Sharing Act of 1973\".\n5\nSEC. 2. Title I of the Omnibus Crime. Control and\n6 Safe Streets Act of 1968, as amended, is amended to read\n7 as follows:\n8\n\"DECLARATIONS AND PURPOSE\n9\n\"Congress finds that the high incidence of crime in the\n10 United States threatens the peace, security, and general wel-\n11 fare of the Nation and its citizens. To prevent crime and to\nVI-0\n2\n3\n1 insure the greater safety of the people, law enforcement\n1 General, a Law Enforcement Assistance Administration\nFORD LIBRARY\n2 efforts must be better coordinated, intensified, and made more\n2 (hereinafter referred to in this title as 'Administration')\n3 effective at all levels of government.\n3 composed of an Administrator of Law Enforcement Assist-\n4\n\"Congress finds further that crime is essentially a local\n4 ance, who shall be appointed by the President, by and with\n5 problem that must be dealt with by State and local govern-\n5 the advice and consent of the Senate, and a Deputy Admin-\n6 ments if it is to be controlled effectively.\n6 istrator.\n7\n\"It is, therefore, the declared policy of the Congress to\n7\n(b) The Attorney General may delegate, and author-\n8 assist State and local governments in strengthening and\n8 ize redelegation of all functions, powers, and duties created\n9 improving law enforcement at every level by national assist-\n9 and established by this title SO long as the Attorney General\n10 ance. It is the purpose of this title to (1) authorize special\n10 remains responsible for overall supervision, direction, and\n11 revenue sharing payments to State and units of local govern-\n11 management of the programs authorized.\n12 ment in order to reduce and prevent crime and delinquency;\n12\n\"PART B-STATE PLANNING PROCESS\n13 (2) encourage States and units of general local government\n13\n\"SEC. 201. It is the purpose of this part to encourage\n14 to prepare and adopt comprehensive plans based upon their\n14 States and units of general local government to prepare and\n15 evaluation of State and local problems of law enforcement;\n15 adopt comprehensive law enforcement plans based on their\n16 (3) encourage improved management of law enforcement\n16 evaluation of State and local problems of law enforcement.\n17 activities; and (4) encourage research and development\n17\n\"SEC. 202. (a) Any State desiring to participate in the\n18 directed toward the improvement of law enforcement and\n18 special revenue sharing program shall establish a State law\n19 the development of new methods for the prevention and\n19 enforcement planning process to be under the supervision and\n20 reduction of crime and the detection and apprehension of\n20 control of the Governor and including local government\n21 criminals.\n21 participation for the preparation, revision, and implemen-\n22\n\"PART A-LAW ENFORCEMENT ASSISTANCE\n22 tation of the State plans required under this part.\n23\nADMINISTRATION\n23\n(b) Any areawide planning shall be the responsibility\n24\n\"SEC. 101. (a) There is hereby established within the\n24 of a multijurisdictional planning and policy development\n25 Department of Justice under the authority of the Attorney\n25 organization designated by the Governor pursuant to pro-\n4\n5\n1 cedures established for implementing title IV of the Inter-\n1\nfication thereof immediately following the adoption of\nGERALD FORD LIBRARY\n2 governmental Cooperation Act of 1968, a majority of whose\n2\nsuch plan or any such modification by the State;\n3 policy board is composed of elected officials representing\n3\n\" (5) provide for the expenditure of amounts re-\n4 general local government. Such an organization may have an\n4\nceived under special revenue sharing in accordance with\n5 advisory body on matters relating to the purposes of this\n5\nthe laws and procedures applicable to the expenditure\n6 title to include representatives of law enforcement agencies\n6\nof its own revenues;\n7 and public agencies maintaining programs to reduce and\n7\n\" (6) adequately take into account the plans, needs\n8 control crime.\n8\nand requests of the units of general local government in\n9\n\"SEC. 203. The State shall-\n9\nthe State and encourage local initiative and interlocal\n10\n\" (1) develop, after appropriate hearings and con-\n10\ncooperation in the development of programs and projects\n11\nsultation with elected representatives of units of general\n11\nfor the reduction and prevention of crime and delin-\n12\nlocal government, representatives of law enforcement\n12\nquency, and provide for an appropriately balanced allo-\n13\nagencies, and of public agencies maintaining programs\n13\ncation of funds between the State and the units of general\n14\nto reduce and control crime and delinquency, a compre-\n14\nlocal government in the State and among such units\n15\nhensive statewide plan for the reduction and prevention\n15\nprovide in the plan for the allocation of an adequate share\n16\nof crime and delinquency;\n16\nof assistance for law enforcement problems in areas char-\n17\n\" (2) define, develop, and correlate programs and\n17\nacterized by both high crime incidence and high law\n18\nprojects for the State and the units of general local\n18\nenforcement activity;\n10\ngovernment in the State or combinations of States or\n19\n\" (7) provide for administration, fiscal control fund\n20\nunits for the reduction and prevention of crime and\n20\naccounting, audit and monitoring and evaluation proce-\n21\ndelinquency;\n21\ndures as may be necessary to assure proper management\n22\n\" (3) establish priorities for the reduction and pre-\n22\nand disbursement of funds received under this title;\n23\nvention of crime and delinquency throughout the State;\n23\n(8) provide for the submission of such reports in\n24\n\" (4) adopt measures designed to bring to the at-\n24\nsuch form, at such times, and containing such informa-\n25\ntention of the citizens of the State the contents of the\n25\ntion as the Attorney General may reasonably require to\n26\ncomprehensive statewide plan and any substantial modi-\n6\n7\nIGERAL FORD VIBRARY\n1\nevaluate the overall impact of the plan and programs and\n1\nprior three years. The Attorney General shall accept\n2\nto report to the President and the Congress on its priori-\n2\nsuch a certification unless he determines that such certi-\n3\nties and effectiveness;\n3\nfication is not sufficiently reliable to enable him to carry\n4\n\" (9) provide for appropriate review of procedures\n4\nout his duties under this title.\n5\nof actions taken by the State government disapproving\n5\n\"SEC. 204. (a) Each State government which expects\n6\nan application for which funds are available or terminat-\n6 to receive funds under part C for any entitlement period\n7\ning or refusing to continue financial assistance to a State\n7 beginning on or after July 1, 1973, shall submit a compre-\n8\nagency or a unit of general local government or com-\n8 hensive State plan formulated pursuant to section 301\n9\nbination of such units;\n9 and 303. Thereafter such plan shall be submitted every three\n10\n\" (10) provide that all meetings of any planning\n10 years with an annual revision to reflect any changes neces-\n11\norganizations established under this title at which any\n11 sary. Such revisions shall be submitted annually to the\n12\nfinal action is taken respecting the approval of compre-\n12 Attorney General.\n13\nhensive State plans (or regional or local components\n13\n\" (b) The Attorney General shall review such plans\n14\nthereof), non-confidential applications for or award of\n14 and provide the State with such comments and recommenda-\n15\nfunds, and the allocation or expenditure of such funds\n15 tions as he deems appropriate. Within a reasonable time\n16\nshall be public meetings. Such meetings shall be pre-\n16 after providing the State with any such comments and rec-\n17\nceeded by a public notice giving the time, place and gen-\n17 ommendations, the Attorney General shall submit such\n18\neral nature of business to be transacted;\n18 comments and recommendations to Congress and publish\n19\n\" (11) provide for public access to all nonconfi-\n19 them in the Federal Register.\n20\ndential records; and\n20\n\"PART C-REVENUE SHARING FOR LAW ENFORCEMENT\n21\n(12) certify that financial efforts for law enforce-\n21\nPURPOSES\n22\nment purposes by the State and the aggregate efforts\n22\n\"SEC. 301. (a) It is the purpose of this part to\n23\nby local units of government within the State (out of\n23 encourage States and units of general local government or\n24\ntheir own source) during a fiscal year are not less than\n24\ncombinations thereof, through special revenue-sharing pay-\n25\nthe effort in the preceding year or the average of the\n25 ments and other forms of financial assistance, to develop\n8\n9\nGERALD FORD LIBRARY\n1 and implement programs and projects to reduce and prevent\n1\nincluding the establishment and development of State or-\n2 crime and delinquency.\n2\nganized crime prevention councils, the recruiting and\n3\n\" (b) The Attorney General is authorized to make\n3\ntraining of special investigative and prosecuting person-\n4 special revenue-sharing payments and other forms of finan-\n4\nnel, and the development of systems for collecting, stor-\n5 cial assistance to States for law enforcement purposes\n5\ning, and disseminating information relating to the control\n6 including-\n6\nof organized crime;\n7\n(1) public protection, including the development,\n7\n\" (6) the organization, education, and training of\n8\ndemonstration, evaluation, implementation, and purchase\n8\nregular law enforcement officers, special law enforce-\n9\nof methods, devices, facilities, and equipment designed\n9\nment units, and law enforcement reserve units for the\n10\nto improve and strengthen law enforcement and reduce\n10\nprevention, detection, and control of riots and other\n11\ncrime in public and private places;\n11\nviolent civil disorders, including the acqusition of riot\n12\n\" (2) the recruiting of law enforcement personnel\n12\ncontrol equipment;\n13\nand the training of personnel in law enforcement;\n13\n(7) the recruiting, organization, training and edu-\n14\n\" (3) public education relating to crime prevention\n14\ncation of community service officers to serve with and\n15\nand encouraging respect for law and order, including\n15\nassist local and State law enforcement agencies in the dis-\n16\neducation programs in schools and programs to improve\n16\ncharge of their duties through such activities as recruit-\n17\npublic understanding of and cooperation with law en-\n17\ning; improvement of police-community relations and\n18\nforcement agencies;\n18\ngrievance resolution mechanisms; community patrol ac-\n19\n(4) constructing buildings or other physical facil-\n19\ntivities; encouragement of neighborhood participation\n20\nities which would fulfill or implement the purpose of\n20\nin crime prevention and public safety efforts; and other\n21\nthis section, including local correctional facilities, centers\n21\nactivities designed to improve police capabilities, public\n22\nfor the treatment of narcotic addicts, and temporary\n22\nsafety and the objectives of this section. In no case shall\n23\ncourtroom facilities in areas of high crime incidence;\n23\na grant be made under this subcategory without the\n24\n(5) the organization, education, and training of\n24\napproval of the local government or local law enforce-\n25\nspecial law enforcement units to combat organized crime,\n25\nment agency;\nH.R. 5613-2\n10\n11\nGERALD FORD LIBRARY\n1\n\" (8) the establishment of a Criminal Justice Co-\n1\n\" (13) the operation of State, regional, and local\n2\nordinating Council for any unit of general local govern-\n2\nplanning processes for the preparation, development,\n3\nment or any combination of such units within the State,\n3\nevaluation, and revision of State plans; and\n4\nhaving a population of two hundred and fifty thousand\n4\n\" (14) the improved management of law enforce-\n5\nor more, to assure improved planning and coordination\n5\nment activities.\n6\nof all law enforcement activities;\n6\n\" (c) Any special revenue sharing payment made under\n7\n\" (9) the development and operation of com-\n7 this section may be used to pay up to 100 per centum of the\n8\nmunity based delinquent prevention and correctional\n8 cost of programs or projects specified in the comprehensive\n9\nprograms, emphasizing diagnostic services, halfway\n9 plan required to be submitted under this title.\n10\nhouses and other community based rehabilitation centers\n10\n(d) No part of any special revenue sharing payment\n11\nfor initial preconviction or postconviction referral of\n11 for the purpose of renting, leasing, or constructing buildings\n12\noffenders; expanded probationary programs, including\n12 or other physical facilities shall be used for land acquisition.\n13\nparaprofessional and volunteer participation; and com-\n13\n\"SEC. 302. (a) The Attorney General is authorized to\n14\nmunity service centers for the guidance and supervision\n14 obligate funds for the continuation of projects approved un-\n15\nof potential repeat youthful offenders;\n15 der title I of the Omnibus Crime Control and Safe Streets\n16\n\" (10) the development and operation of justice\n16 Act of 1968, as amended, prior to the date of enactment\n17\nreform programs, including improved court administra-\n17 of this title to the extent that such approval provided for\n18\ntion and law reform;\n18 continuation.\n19\n\" (11) the rendering of technical assistance in mat-\n19\n\" (b) Any funds obligated and all activities necessary\n20\nters relating to law enforcement;\n20 may be carried out with funds previously appropriated and\n21\n\" (12) the establishment of programs of academic\n21 funds appropriated pursuant to this title.\n22\neducational assistance through contracts with institu-\n22\n\"SEC. 303. (a) The Attorney General shall make spe-\n23\ntions of higher education for grants or loans to persons\n23 cial revenue sharing payments to a State government if such\n24\nenrolled in undergraduate or graduate programs in areas\n24 State has on file with the Attorney General a comprehensive\n25\nrelated to law enforcement;\n13\n12\n1 State plan which conforms with the purposes and require-\n1 local government, combinations of such units and other ap-\nGERALD FORD LIBRARY\n2 ments of this title.\n2 plicants. When a State government determines that such an\n3\n\" (b) To be comprehensive the plan should conform to\n3 application is in accordance with the purposes stated in sec-\n4 the definition in section 601 (m) and should consider state-\n4 tion 301 and is in conformance with any existing statewide\n5 wide priorities for the improvement and coordination of all\n5 comprehensive law enforcement plan, the State government\n6 aspects of law enforcement, the relationships of activities car-\n6 is authorized to disburse funds to the applicant.\n7 ried out under this title to related activities being car-\n7\n\"SEC. 305. Where a State has failed to file a compre-\n8 ried out under other Federal programs, the general types\n8 hensive State plan as required by this title, the funds allo-\n9 of improvements to be made in the future, the effective uti-\n9 cated for such State under paragraph (1) , section 306 (a)\n10 of this title shall be available for reallocation by the Attorney\n10 lization of existing facilities, the encouragement of coopera-\n11 tive arrangements between units of general local govern-\n11 General under paragraph (2) of section 306 (a)\n12 ment, innovations and advanced techniques in the design of\n12\n\"SEC. 306. (a) The funds appropriated each fiscal year\n13 institutions and facilities, and advanced practices in the re-\n13 for this part shall be allocated by the Attorney General as\n14 cruitment, organization, training, and education of law en-\n14 follows:\n15 forcement personnel. It shall thoroughly address improved\n15\n\" (1) Eighty-five per centum of such funds shall\n16\nbe allocated among the States as special revenue sharing\n16 court programs and practices throughout the State. It shall\n17 include a long-range all-inclusive program for the construc-\n17\npayments. The Attorney General shall make an initial\n18\nallocation of $200,000 to each of the States for the sup-\n18 tion, acquisition, or renovation of correctional institutions\n19 and facilities in the State and the improvement of correctional\n19\nport of the State, areawide, and local planning process.\n20 programs and practices throughout the State. Such programs\n20\nThe Attorney General shall then allocate the remainder\n21 must adequately reflect National and State standards for all\n21\nof such funds available among the States according to\n22\ntheir relative populations. Of the amount allocated by\n22 functions of the correctional and court systems.\n23\n\"SEC. 304. The State government shall receive applica-\n23\npopulation 5 per centum of the total shall be made avail-\n24\nable for support of the State, areawide, and local plan-\n24 tions for financial assistance submitted by heads of State\n25 agencies and the chief executive officers of units of general\n25\nning process.\n14\n15\n1\n\" (A) At least the per centum of the special\n1\ntion the Attorney General may waive the per cen-\nGERALD, FORD\n2\nrevenue sharing payments made to the State under\n2\ntum requirements upon a finding that the planning\n3\nthis part for any fiscal year which corresponds to the\n3\nprocess developed under part B will assure that\n4\nper centum of the State and local law enforcement\n4\nspecial revenue sharing funds for any fiscal year will\n5\nfunds used in the immediately preceding fiscal year\n5\nbe available to carry out the provisions of section\n6\nby units of general local government shall be made\n6\n203 (6)\n7\navailable to such units or combinations of such units\n7\n(B) Of the funds allocated for the planning\n8\nin the immediately following fiscal year for the de-\n8\nprocess at least 40 per centum of such funds for any\n9\nvelopment and implementation of programs and\n9\nfiscal year shall be available to units of general local\n10\nprojects for the reduction and prevention of crime\n10\ngovernment or combinations of such units to enable\n11\nand delinquency. Per centum determination will be\n11\nsuch units and combinations of such units to par-\n12\napplied to 70 per centum of the total special revenue\n12\nticipate in the formulation of the comprehensive\n13\nsharing payment after reduction of the amount al-\n13\nState plan required under the title. Upon applica-\n14\nlocated for support of the planning process as speci-\n14\ntion the Attorney General may waive this require-\n15\nfied in section 306 (a) (1) ; the remaining 30 per\n15\nment in whole or in part, upon a finding that the\n16\ncentum may be used by the State for local or State\n16\nrequirement is inappropriate in view of the respec-\n17\nadult and juvenile correctional programs, court pro-\n17\ntive law enforcement planning responsibilities exer-\n18\ngrams, technical assistance, and law enforcement\n18\ncised by the State and its units of general local\n19\neducation. Per centum determinations under this\n19\ngovernment and that adherence to the requirement\n20\nparagraph for law enforcement funding and expendi-\n20\nwould not contribute to the efficient development of\n21\ntures for such accurate and complete data available\n21\nthe State plan required under this title. In allocating\n22\nfor such fiscal year or for the last fiscal year for\n22\nplanning funds the State shall assure that major\n23\nwhich such data are available, and reflect adjust-\n23\ncities and counties within the State receive planning\n24\nments for any major program responsibility shifts\n24\nfunds to develop comprehensive plans and coordinate\n25\nbetween State and local government. Upon applica-\n25\nfunctions at the local level.\n16\n17\n1\n\" (2) Fifteen per centum of such funds, plus any\n1 a State government or unit of general local government has\nGERALD LIBRARY FORD\n2\nadditional amounts made available by virtue of the ap-\n2 failed to comply with subsection (a) or an applicable reg-\n3\nplication of the provisions of sections 305 and 509 of\n3 ulation, he shall notify the Governor of the State of the\n4\nthis title to the grant or revenue sharing payment of\n4 noncompliance and shall request the Governor to secure\n5\nany State, may, in the discretion of the Attorney Gen-\n5 compliance. If within a reasonable period of time the Gov-\n6\neral, be allocated among the States, units of general local\n6 ernor fails or refuses to secure compliance, the Attorney\n7\ngovernment, or combinations of such units, and to non-\n7 General is authorized-\n8\nprofit organizations according to the criteria and on the\n8\n\" (1) to institute an appropriate civil action;\n9\nterms and conditions the Attorney General determines\n9\n\" (2) to exercise the powers and functions pursuant\n10\nconsistent with the title.\n10\nto title VI of the Civil Rights Act of 1964 (42 U.S.C.\n11\n\" (b) Any grant made from funds available under para-\n11\n2000d) ;\n12 graph (2) of this subsection may be up to 100 per centum\n12\n\" (3) to exercise the powers and functions provided\n13 of the cost of the program or project for which such grant\n13\nin section 509 of this title; or\n14 is made. No part of any such grant shall be used for land\n14\n(4) to take such other action as may be provided\n15 acquisition.\n15\nby law.\n16\n\"SEC. 307. For the purposes of this title, the term 'spe-\n16\n\" (c) Whenever the Attorney General has reason to\n17 cial revenue sharing payment' means a grant of funds\n17 believe that a State government or unit of local government\n18 allocated to a State in accordance with section 306.\n18 is engaged in a pattern or practice in violation of the pro-\n19\n\"SEC. 308. (a) No person in any State shall on the\n19 visions of this section, the Attorney General may bring\n20 ground of race, color, national origin, or sex be excluded\n20 a civil action in any appropriate United States district\n21 from participation in, be denied the benefits of, or be sub-\n21 court for such relief as may be appropriate, including in-\n22 jected to discrimination under any program or activity\n22 junctive relief.\n23 funded in whole or in part with funds made available from\n23\n\"SEC. 309. The amounts appropriated and allocated for\n24 the Law Enforcement Special Revenue Sharing Act.\n24 special revenue sharing payments shall be paid to the re-\n25\n(b) Whenever the Attorney General determines that\n25 spective States at such intervals and in such installments\nH.R. 5613-3\n18\n19\nGERALD FORD FIBRARY\n1 as the Attorney General may determine, taking account of\n1\n\" (3) to carry out programs of behavioral research\n2 the objective that the time elapsing between the transfer of\n2\ndesigned to provide more accurate information on the\n3 funds from the United States Treasury and the disbursement\n3\ncauses of crime and the effectiveness of various means\n4 thereof by the State shall be minimized.\n4\nof preventing crime, and to evaluate the success of cor-\n5 \"PART D-RESEARCH, DEMONSTRATION, AND TRAINING\n5\nrectional procedures;\n6\n\"SEC. 401. It is the purpose of this part to provide\n6\n(4) to make recommendations for action which\n7 for and encourage training, education, research, and develop-\n7\ncan be taken by Federal, State, and local governments\n8 ment for the purpose of improving law enforcement and\n8\nand by private persons and organizations to prevent\n9 developing new methods for the prevention and reduction\n9\nand reduce crime and delinquency;\n10 of crime, and the detection and apprehension of criminals.\n10\n\" (5) to carry out programs of instructional assist-\n11 These purposes will include-\n11\nance consisting of research fellowships for the programs\n12\n\" (1) to make grants to, or enter into contracts\n12\nprovided under this section, and special workshops for\n13\nwith, public agencies, institutions of higher education,\n13\nthe presentation and dissemination of information result-\n14\nor private organizations to conduct research, demonstra-\n14\ning from research, demonstrations, and special projects\n15\ntions, or special projects pertaining to the purposes\n15\nauthorized by this title;\n16\ndescribed in this title; including the development of new\n16\n\" (6) to carry out a program of collection and dis-\n17\nor improved approaches, techniques, systems, equip-\n17\nsemination of information obtained by. other Federal\n18\nment, and devices to prevent and reduce crime and\n18\nagencies, public agencies, institutions of higher educa-\n19\ndelinquency;\n19\ntion or private organizations engaged in projects under\n20\n\" (2) to make continuing studies and undertake\n20\nthis title, including information relating to new or im-\n21\nprograms of research to develop new or improved ap-\n21\nproved approaches, techniques, systems, equipment, and\n22\nproaches, techniques, systems, equipment, and devices\n22\ndevices to prevent and reduce crime and delinquency;\n23\nto prevent and reduce crime and delinquency, including,\n23\n\" (7) to establish a research center to carry out the\n24\nbut not limited to, the effectiveness of projects or pro-\n24\nprograms described in this section; and\n25\ngrams carried out under this title;\n25\n\" (8) to cooperate with and render training and\n20\n21\nGEBALO FORD LIBRARY\n1\ntechnical assistance to States, units of general local gov-\n1\nthe Federal Bureau of Investigation National Academy\n2\nernment, combinations of such States or units, or other\n2\nat Quantico, Virginia, to provide, at the request of a\n3\npublic or private agencies, organizations, or institutions\n3\nState or unit of local government, training for State\n4\nin matters relating to law enforcement. While participat-\n4\nand local law enforcement personnel;\n5\ning in the training program or traveling in connection\n5\n\" (2) develop new or improved approaches, tech-\n6\nwith participation in the training program, State and\n6\nniques, systems, equipment, and devices to improve and\n7\nlocal personnel shall be allowed travel expenses and a\n7\nstrengthen law enforcement; and\n8\nper diem allowance in the same manner as prescribed\n8\n\" (3) assist in conducting, at the request of a State\n9\nunder section 5703 (b) of title 5 for persons employed\n9\nor unit of local government, local and regional training\n10\nintermittently in the Government service.\n10\nprograms for the training of State and local law enforce-\n11\n\"SEC. 402. There is established within the Law En-\n11\nment personnel. Such training shall be provided only\n12 forcement Assistance Administration a National Institute\n12\nfor persons actually employed as State police or high-\n13 of Law Enforcement and Criminal Justice. It shall be the\n13\nway patrol, police of a unit of local government, sheriffs\n14 purpose of the Institute to encourage research and develop-\n14\nand their deputies, and such other persons as the State\n15\nment to prevent and reduce crime and delinquency.\n15\nor unit may nominate for police training while such per-\n16\n\"SEC. 403. A grant authorized under this part may be\n16\nsons are actually employed as officers of such State or\n17 up to 100 per centum of the total cost of each project for\n17\nunit.\n18 which such grant is made. The Attorney General shall\n18\n\" (b) In the exercise of the functions, powers, and\n19 require, whenever feasible, as a condition of approval of a\n19 duties established under this section the Director of the\n20\ngrant under this part, that the recipient contribute money,\n20 Federal Bureau of Investigation shall be under the general\n21 facilities, or services to carry out the purpose for which the\n21 authority of the Attorney General.\n22\ngrant is sought.\n22\n\"PART E-ADMINISTRATIVE PROVISIONS\n23\n\"SEC. 404. (a) The Director of the Federal Bureau\n23\n\"SEC. 501. The Attorney General shall prescribe, after\n24 of Investigation is authorized to-\n24 appropriate consultation with representatives of States and\n25\n(1) establish and conduct training programs at\n25 units of general local government, such regulations as may\n22\n23\nFORD (TBRART\n1 be necessary or appropriate to carry out the provisions\n1 including hearing examiners, as shall be necessary to carry\n2 of this title.\n2 out its powers and duties under this title.\n3\n\"SEC. 502. The Attorney General may establish, alter, or\n3\n\"Sec. 508. The Attorney General is authorized, on a\n4 discontinue such organizational units of the Administration as\n4 reimbursable basis when appropriate, to use the available\n5 he may deem necessary or appropriate.\n5 services, equipment, personnel, and facilities of other civilian\n6\n\"SEC. 503. Title 5 of the United States Code, subsection\n6 or military agencies and instrumentalities of the Federal\n7 (c) (10) of section 5108 remains unchanged.\n7 Government, and to cooperate with such other agencies\n8\n\"SEC. 504. Upon authorization of the Attorney Gen-\n8 and instrumentalities in the establishment and use of serv-\n9 eral, any hearing examiner assigned to or employed for the\n9 ices, equipment, personnel, and facilities of the Administra-\n10 purpose of this title, shall have the power to hold hearings,\n10 tion. The Attorney General is further authorized to confer\n11 sign and issue subpenas, administer oaths, examine witnesses,\n11 with and avail himself of the cooperation, services, records,\n12 and receive evidence at any place in the United States he\n12 and facilities of State, municipal, or other local agencies, and\n13 may designate.\n13 to receive and utilize, for the purposes of this title, property\n14\n\"SEC. 505. Effective January 1, 1974, section 5315 of\n14 donated or transferred for the purposes of testing by any\n15 title 5 of the United States Code is amended by deleting-\n15 other Federal agencies, States, units of general local govern-\n16\n\" (90) Associate Administrator of the Law En-\n16 ment, public or private agencies or organizations, institu-\n17\nforcement Assistance (2)\n17 tions of higher education, or individuals.\n18\n\"SEC. 506. Section 5316 of title 5 of the United States\n18\n\"SEC. 509. Whenever the Attorney General, after rea-\n19 Code is amended by adding at the end thereof the following\n19 sonable notice and opportunity for hearing to an applicant\n20 new subsection:\n20 or a grantee under this title, finds that, with respect to any\n21\n(131) Deputy Administrator of Law Enforce-\n21 payments made or to be made under this title, there is a\n22\nment Assistance.'.\n22 substantial failure to comply with-\n23\n\"Sec. 507. Subject to the civil service and classification\n23\n\" (a) the provisions of this title;\n24 laws, the Attorney General is authorized to select, appoint,\n24\n\" (b) regulations promulgated by the Attorney Gen-\n25 employ, and fix compensation of such officers and employees,\n25\neral under this title; or\n24\n25\nGERALD FORD VIBRARY\n1\n\" (c) a plan or application submitted in accordance\n1 the findings of fact and determinations made by the Attorney\n2\nwith the provisions of this title.\n2 General with respect thereto shall be final and conclusive,\n3\nthe Attorney General shall notify such applicant or grantee\n3 except as otherwise provided herein.\n4\nthat further payments shall not be made (or in its discretion\n4\n\" (c) If such applicant is still dissatisfied with the find-\n5\nthat further payments shall not be made for activities in\n5 ings and determinations of the Attorney General, following\n6\nwhich there is such failure), until there is no longer such\n6 the notice and hearing provided for in subsection (b) of\n7\nfailure.\n7 this section, a request may be made for rehearing, under such\n8\n\"SEC. 510. (a) In carrying out the functions vested by\n8 regulations and procedures as the Attorney General may\n9\nthis title in the Department of Justice, the determination,\n9 establish, and such applicant shall be afforded an opportunity\n10 findings, and conclusions of the Attorney General shall be\n10 to present such additional information as may be deemed\n11 final and conclusive upon all applicants, except as hereafter\n11 appropriate and pertinent to the matter involved. The find-\n12\nprovided.\n12 ings and determinations of the Attorney General, following\n13\n(b) If the application has been rejected or an appli-\n13 such rehearing, shall be final and conclusive upon all parties\n14\ncant has been denied a grant or has had a grant, or any\n14 concerned, except as hereafter provided.\n15\nportion of a grant, discontinued, or has been given a grant in\n15\n\"SEC. 511. (a) If any applicant or grantee is dissatis-\n16\na lesser amount than such applicant believes appropriate\n16 fied with the Attorney General's final action with respect to\n17\nunder the provisions of this title, the Attorney General shall\n17 the approval of its application submitted under this title, or\n18\nnotify the applicant or grantee of its action and set forth\n18 any applicant or grantee is dissatisfied with the Attorney\n19\nthe reason for the action taken. Whenever an applicant or\n19 General's final action under section 509 or section 510, such\n20\ngrantee requests a hearing on action taken by the Attorney\n20 applicant or grantee may, within sixty days after notice of\n21\nGeneral on an application or a grant, the Attorney Gen-\n21 such action, file with the United States court of appeals for\n22\neral or any authorized officer thereof, is authorized and\n22 the circuit in which such applicant or grantee is located a\n23\ndirected to hold such hearings or investigations at such times\n23 petition for review of that action. A copy of the petition\n24\nand places as the Attorney General deems necessary, follow-\n24 shall be forthwith transmitted by the clerk of court to the\n25\ning appropriate and adequate notice to such applicant; and\n25 Department of Justice. The Attorney General shall there-\n26\n27\nGERALD FORD LIBRARY\n1 upon file in the court the record of the proceedings on which\n] General is authorized to accept an audit by a State of such\n2 the action of the Attorney General was based, as provided\n2 expenditures of a State government or unit of local govern-\n3 in section 2112 of title 28, United States Code.\n3 ment if he determines that such audit and the audit proce-\n4\n\" (b) The determinations and the findings of fact by the\n4 dures of that State are sufficiently reliable to enable him to\n5 Attorney General, if supported by substantial evidence, shall\n5 carry out his duties under this title.\n6 be conclusive; but the court, for good cause shown, may\n6\n\" (b) The Comptroller General of the United States is\n7 remand the case to the Attorney General to take further\n7 authorized to make reviews of the work as done by the At-\n8 evidence. The Attorney General may thereupon make new\n8 torney General, the State governments, and the units of\n9 or modified findings of fact and may modify the previous\n9 local government as may be necessary for the Congress to\n10 action, and shall file in the court the record of the further\n10 evaluate compliance and operations under this title.\n11 proceedings. Such new or modified findings of fact or deter-\n11\n\" (c) The provisions of this section apply to all recipients\n12 minations shall likewise be conclusive if supported by sub-\n12 of assistance under this title, whether by direct grant or con-\n13 stantial evidence.\n13 tract from the administration or by subgrant or subcontract\n14\n\" (c) Upon the filing of such petition, the court shall\n14 from primary grantees or contractors of the administration.\n15 have jurisdiction to affirm the action of the Attorney Gen-\n15\n\"SEC. 513. To insure that all Federal assistance to State\n16 eral or to set it aside, in whole or in part. The judgment of\n16 and local programs under this title is carried out in a coordi-\n17 the court shall be subject to review by the Supreme Court\n17 nated manner, the Attorney General is authorized to request\n18 of the United States upon certiorari or certification as pro-\n18 any Federal department or agency to supply such statistics,\n19 vided in section 1254 of title 28, United States Code.\n19 data, program reports, and other material as the Attorney\n20\n\"SEC. 515. (a) The Attorney General shall provide for\n20 General deems necessary to carry out the functions under\n21 such accounting and auditing procedures, evaluations, and\n21 this title. Each such department or agency is authorized to\n22 reviews as may be necessary to insure that the expenditures\n22 cooperate with the Attorney General and, to the extent per-\n23 of funds received under this title by State governments and\n23 mitted by law, to furnish such materials to the Attorney Gen-\n24 units of local government and other recipients of assistance\n24 eral. Any Federal department or agency engaged in ad-\n25 comply fully with the requirements of this title. The Attorney\n25 ministering programs related to this title shall, to the maxi-\nGERALD, FORD VIBRAGY\n28\n29\n1 mum extent practicable, consult with and seek advice from\n1 title may be used within any one State except that this limita-\n2 the Attorney General to insure fully coordinated efforts, and\n2 tion shall not apply to grants made pursuant to part D.\n3 the Attorney General shall undertake to coordinate such\n3\n\"SEC. 517. (a) The Attorney General may procure the\n4 efforts.\n4 services of experts and consultants in accordance with section\n5\n\"SEC. 514. The Attorney General may arrange with and\n5 3109 of title 5, United States Code, at rates of compensation\n6 reimburse the heads of other Federal departments and agen-\n6 for individuals not to exceed the daily equivalent of the rate\n7 cies for the performance of any of the functions under this\n7 authorized for GS-18 by section 5332 of title 5, United\n8 title.\n8 States Code.\n9\n\"SEC. 515. The Attorney General is authorized-\n9\n(b) The Attorney General is authorized to appoint,\n10\n\" (a) to conduct evaluation studies of the programs\n10 without regard to the civil service law, technical or other\n11\nand activities assisted under this title; and\n11 advisory committees to advise the Administration with re-\n12\n\" (b) to collect, evaluate, publish, and disseminate\n12 spect to the administration of this title as it deems necessary.\n13\nstatistics and other information on the condition and\n13 Members of those committees not otherwise in the employ\n14\nprogress of law enforcement in the United States.\n14 of the United States, while engaged in advising the Adminis-\n15\n\"SEC. 516. (a) Payments under this title may be made\n15 tration or attending meetings of the committees, shall be com-\n16 in installments, and in advance or by way of reimbursement,\n16 pensated at rates to be fixed by the Attorney General but not\n17 as may be determined by the Attorney General, and may be\n17 to exceed the daily equivalent of the rate authorized for\n18 used to pay the transportation and subsistence expenses of\n18 GS-18 by section 5332 of title 5 of the United States Code\n19 persons attending conferences or other assemblages notwith-\n19 and while away from home or regular place of business they\n20 standing the provisions of the joint resolution entitled 'Joint\n20 may be allowed travel expenses, including per diem in lieu\n21 Resolution to prohibit expenditure of any moneys for hous-\n21 of subsistence, as authorized by section 5703 of such title 5\n22 ing, feeding, or transporting conventions or meetings', ap-\n22 for persons in the Government service employed inter-\n23 proved February 2, 1935 (31 U.S.C. sec. 551).\n23 mittently.\n24\n\" (b) Not more than 12 per centum of the sums appro-\n24\n\"SEC. 518. Nothing contained in this title or any other\n25 priated for any fiscal year to carry out the provisions of this\n25 Act shall be construed to authorize any department, agency,\n30\n31\nGERALD, FORD LIBRARY\n1 officer, or employee of the United States to exercise any di-\n1\nand employees of the Department of Justice, a research\n2 rection, supervision, or control over any police force or any\n2\ngrantee under the provisions of this title, or officers and\n3 other law enforcement agency of any State or any political\n3\nemployees of such research grantee under the provi-\n4 subdivision thereof.\n4\nsions of this title to examine such information concern-\n5\n\"SEC. 519. On or before March 31 of each year, the\n5\ning particular private establishments or individuals.\n6 Attorney General shall report to the President and to the\n6 No department, bureau, agency, officer, or employee of the\n7 Congress on activities pursuant to the provisions of this title\n7 Government, except as specifically authorized in this title,\n8 during the preceding fiscal year.\n8 shall require, for any reason, copies of such information on\n9\n\"SEC. 520. There is authorized to be appropriated, out\n9 establishments or individuals which have been retained by\n10 of the Treasury of the United States, such sums as may be\n10 any such establishment or individual. Copies of such in-\n11 necessary to carry out all provisions of this title. Such sums\n11 formation which have been SO retained shall be immune\n12 shall remain available for obligation until expended.\n12 from legal process, and shall not, without the consent of the\n13\n\"SEC. 521. (a) To implement the provisions of this\n13 establishment or individual concerned, be admitted as evi-\n14 title, neither the Attorney General, nor any other officer or\n14 dence or used for any purpose in any action, suit, or other\n15 employee of the Department, nor any recipient of assistance\n15 judicial or administrative proceedings.\n16 under the provisions of this title, may, except when ex-\n16\n\" (b) Any person violating the provisions of this sec-\n17 pressly authorized under the provisions of this title-\n17 tion, or any rule, regulation, or order issued thereunder, shall\n18\n\"(1) use the information collected expressly for\n18 be liable to a penalty not to exceed $10,000, in addition to\n19\nstatistical or research purposes under programs assisted\n19 any other penalty imposed by law. The amount of any such\n20\ndirectly or indirectly by this title for any other purpose;\n20 penalty shall be payable into the Treasury of the United\n21\nor\n21 States and shall be recoverable in a civil suit in the name of\n22\n(2) make any publication whereby such informa-\n22 the United States.\n23\ntion furnished by any particular private establishment\n23\n\"PART F-DEFINITIONS\n24\nor individual can be identified; or\n24\n\"SEC. 601. (a) As used in this title, 'law enforcement'\n25\n\" (3) permit anyone other than the sworn officers\n25 means any activity pertaining to crime prevention, control, or\n32\n33\nGERALOR FORD LIBRARY\n1 reduction or the enforcement of the ciriminal law, including,\n1 United States Government shall be for the sole purpose of\n2 but not limited to, police efforts to prevent, control, or reduce\n2 facilitating the transfer of criminal jurisdiction from the\n3 crime or to apprehend criminals, activities of courts having\n3 United States District Court for the District of Columbia to\n4 criminal jurisdiction and related agencies, activities of cor-\n4 the Superior Court of the District of Columbia pursuant to\n5 rections, probation, or parole authorities, and programs re-\n5 the District of Columbia Court Reform and Criminal Proce-\n6 lating to the prevention, control, or reduction of juvenile\n6 dure Act of 1970.\n7 delinquency or narcotic addiction.\n7\n(e) 'Combination' as applied to States or units of\n8\n(b) 'Organized crime' means the unlawful activities of\n8 general local government means any grouping or joining\n9 the members of a highly organized, disciplined association\n9 together of such States or units for the purpose of preparing,\n10 engaged in supplying illegal goods and services, including\n10 developing, or implementing a law enforcement plan.\n11 but not limited to gambling, prostitution, loan sharking, nar-\n11\n\" (f) 'Construction' means the erection, acquisition, ex-\n12 cotics, labor racketeering, and other unlawful activities of\n12 pansion, or repair (but not including minor remodeling or\n13 members of such organizations.\n13 minor repairs) of new or existing buildings or other physical\n14\n\" (c) 'State' means any State of the United States, the\n14 facilities, and the acquisition or installation of initial equip-\n15 District of Columbia, the Commonwealth of Puerto Rico,\n15 ment therefor.\n16 Virgin Islands, Guam, and Samoa.\n16\n\" (g) 'State organized crime prevention council' means\n17\n\" (d) Unit of general local government' means any\n17 a council composed of not more than seven persons estab-\n18 city, county, township, town, borough, parish, village, or\n18 lished pursuant to State law or established by the chief exec-\n19 other general purpose political subdivision of a State, an\n19 utive of the State for the purpose of this title, or an existing\n20 Indian tribe which performs law enforcement functions as\n20 agency SO designated, which council shall be broadly repre-\n21 determined by the Secretary of the Interior or, for the pur-\n21 sentative of law enforcement officials within such State and\n22 pose of assistance eligibility, any agency of the District of\n22 whose members by virtue of their training or experience\n23 Columbia government or the United States Government per-\n23 shall be knowledgeable in the prevention and control of\n24 forming law enforcement functions in and for the District of\n24 organized crime.\n25 Columbia. Such assistance eligibility of any agency of the\n25\n\" (h) Metropolitan area' means a standard metropolitan\n34\n35\nGERALD, FORD LIBRARY\n1 statistical area as established by the Office of Management\n1 offenders or individuals charged with or convicted of crimi-\n2 and Budget, subject, however, to such modifications and\n2 nal offenses.\n3 extensions as the Attorney General may determine to be\n3\n\" (m) 'Comprehensive' means that the plan must be a\n4 appropriate.\n4 total and integrated analysis of the crime and juvenile delin-\n5\n\" (i) 'Public agency' means any State, unit of local\n5 quency problem within the State; goals, priorities, and\n6 government, combination of such States or units, or any\n6 standards must be established in the plan and the plan\n7 department, agency, or instrumentality of any of the fore-\n7 must address (both short and long term) methods, organiza-\n8 going.\n8 tion, and operation performance, physical and human re-\n9\n\" (j) 'Institution of higher education' means any such\n9 sources necessary to accomplish crime prevention; identifica-\n10 institutions as defined by section 801 (a) of the Higher\n10 tion, detection, and apprehension of suspects; adjudication;\n11 Education Act of 1965 (79 Stat. 1269; 20 U.S.C. 1141\n11 custodial treatment of suspects and offenders; and institu-\n12 (a) subject, however, to such modifications and extensions\n12 tional and noninstitutional rehabilitative measures.\n13 as the Attorney General may determine to be appropriate.\n13\n\" (n) 'Areawide' refers to the geographic scope of prob-\n14\n\" (k) 'Community service officer' means any citizen\n14 lems which transcend the boundaries of any single unit or\n15 with the capacity, motivation, integrity, and stability to as-\n15 units of general local government but do not encompass the\n16 sist in or perform police work but who may not meet ordi-\n16 entire State.\n17 nary standards for employment as a regular police officer\n17\n\" (o) 'Multijurisdictional planning and policy develop-\n18 selected from the immediate locality of the police depart-\n18 ment organization' is an organization which has responsibility\n19 ment of which he is to be a part, and meeting such other\n19 for comprehensive planning and has planning and policy\n20 qualifications promulgated in regulations pursuant to section\n20 control over two or more functional planning and policy\n21 501 as the Attorney General may determine to be appro-\n21 development programs.\n22 priate to further the purposes of section 301 (b) (7) and this\n22\n\"PART G-CRIMINAL PENALTIES\n23 title.\n23\n\"SEC. 651. Whoever embezzles, willfully misapplies,\n24\n(1) The term 'correctional institution or facility' means\n24 steals, or obtains by fraud or attempts to embezzle, will-\n25 any place for the confinement or rehabilitation of juvenile\n25 fully misapply, steal, or obtain by fraud any funds, assets,\n36\n1 or property which are the subject of a grant or contract or\nGERALD FORD VISHARY\n2 other form of assistance pursuant to this title, whether\n3 received directly or indirectly from the Administration, or\n4 whoever receives, conceals, or retains the same with intent to\n5 convert it to his use or gain, knowing it to have been em-\n6 bezzled, willfully misapplied, stolen or obtained by fraud\n7 shall be fined not more than $10,000 or imprisoned for not\n8 more than five years, or both.\n9\n\"Whoever knowingly and willfully falsifies, conceals, or\n10 covers up by trick, scheme, or device, any material fact\n11 in any application for assistance submitted pursuant to this\n12 title shall subject to prosecution under the provisions of sec-\n13 tion 1001 of title 18, United States Code.\n14\n\"Any law enforcement program project underwritten, in\n15\nwhole or in part, by any grant, or contract or other form of as-\n16 sistance pursuant to this Act, whether received directly or in-\n17 directly from the Administration, shall be subject to the\n18\nprovisions of section 371 of title 18, United States Code.\"\n19\nSec. 3. This Act shall take effect on July 1, 1973.\n93D CONGRESS\n1ST SESSION\nH. R. 5613\nA BILL\nTo provide for special law enforcement\nrevenue sharing.\nBy Mr. HUTCHINSON, Mr. McCLORY, and\nMr. SANDMAN\nMARCH 14, 1973\nReferred to the Committee on the Judiciary\nLEGISLATION:\nJUSTICE\nLEAA Revenue Sharing (S. 1234; H.R. 5613)\nBACKGROUND:\nFORD\nSpecial Message 3/14/73\nGERALD\nLIBRARY\nPROVISIONS:\nProvides for special revenue-sharing for improving State\nand local criminal justice systems.\nSTATUS:\nA. HOUSE:\nPassed amended bill (391-0) H.R. 8152 on 6/18/73.\nExtends authorization 1 year at $1 billion.\nB.\nSENATE: Passed McClellan substitute on 6/28/73.\nExtends authorization for 5 years.\nOUTLOOK:\nConference Committee has reconciled 32 matters in disagreement.\nRemaining to be settled are:\n(1) Juvenile Justice Provision (Bayh Amendment)\n(2) Kennedy Dissemination of information Amendment\n(3) Length of authorization - two years or four years.\nConference should be reported soon.\nLEGISLATION:\nCOMMERCE\nExport Administration Act (S. 2053; H.R. 8547)\nBACKGROUND:\nSpecial message - 6/13/73\nFORD LIBRARY & CERALD\nPROVISIONS:\nAmends the Export Administration Act of 1969, protects the\ndomestic drain of scarce materials and commodities and\nreduces the inflationary impact of abnormal foreign demand.\nSTATUS:\nA. HOUSE: House Floor riginally scheduled for 7/19\npostponed.\nB. SENATE: Senate Banking Committee mark-up scheduled for\n7/25\nOUTLOOK:\nThe Ashley bill, H.R. 8547, faces some opposition in the House,\nbut the overall outlook is good. Free traders and agriculture\nbloc can be expected to fight measure.\nOMB\nLEGISLATION:\nLegal Services Corporation (S 1815; H.R. 7824)\nBACKGROUND:\nSpecial Message 3/1/73\nFORD LIBRARY & VERALD\nPROVISIONS:\nProvides for a legal service corporation to give access to legal representation\nfor Americans who would otherwise have been denied it because of lack of\nfunds.\nSTATUS:\nA. HOUSE: Amended H.R. 7824 passed House by vote of 276 - 95 on\n6/21/73.\nB. SENATE: Awaiting Committee action. Latest report is that Senate\nLabor and Public Welfare Committee may accept House\nversion.\nOUTLOOK:\nLABOR\nLEGISLATION:\nManpower Training (S 1514; H.R. 7489)\nBACKGROUND:\nLabor draft cleared 4/6/73\nGERALD FORD LIBRARY\nPROVISIONS:\nThis bill, along with the manpower programs authorized under the Economic\nOpportunity Act, represent the statutory base for the Dept. of Labor to\nadministratively implement manpower revenue sharing.\nSTATUS:\nA. HOUSE:\nLabor Committee reported amended bill, H.R. 7950, on\n6/18/73. Floor action not scheduled.\nB. SENATE: S 1560, adopted by Labor Committee in lieu of S 1514,\nnow on Senate calendar. July action probable.\nOUTLOOK:\nLEGISLATION:\nLABOR\nPensions (S. 1557; H.R. 6900)\n(Employee Benefits Protection Act)\nBACKGROUND:\nSpecial Message 4/11/73\nFORD & LIBRARY GERALD\nPROVISIONS:\nProvides for the reform of the private pension system.\nSTATUS:\nA. HOUSE: Erlenborn Introduced H.R. 6900, Adm. bill, on 4/12/73\nChairman Dent is holding informal sessions on his\nbill, H.R. 2. It appears House is waiting for Senate\nto make the first move.\nB. SENATE: S. 1557 still pending in Labor Committee. Williams/\nJavits bill, S. 4, now on Senate calendar. Senate\nOUTLOOK:\ncould consider S. 4 prioer to August recess (Byrd\nlisted the bill as one to be taken up in July). This\nmeasure is objectionable. Senate Finance Committee\nalso considering pension legislation.\nThe President very likely will receive a measure he'll have to\nveto this fall.\nINTERIOR\nLEGISLATION:\nNatural Gas Supply (S 2048; HR 7507)\nBACKGROUND:\nSpecial Message 4/18/73\nFORD & LIBRARY GERALD\nPROVISIONS:\nProvides that prices paid by interstate pipelines to producers for\nnew supplies of domestic natural gas will be determined by competitive\nforces of the market system rather than by the Federal Power Commission.\nSTATUS:\nA. HOUSE:\nReferred to Commerce Committee; no further\naction and nothing scheduled.\nB. SENATE:\nReferred to Senate Commerce Subcommittee\nNo further action and nothing scheduled.\nOUTLOOK:\nHEW\nLEGISLATION:\nBetter Schools Act (S 1319; HR 5823)\nBACKGROUND:\nHEW draft cleared 3/18/73\nGERALD FORD LIBRARY\nPROVISIONS:\nProvides for special revenue-sharing for education to replace categorical\ngrant programs and remove Federal control from education.\nSTATUS:\nA.\nHOUSE:\nGeneral Subcommittee on Education now in mark-up.\nBrademas says he will kill HR 5823. Perkins bill,\nHR 69, likely to be reported. This is extension of\nESEA.\nB. SENATE:\nS 1319 will be considered during Subcommittee\nhearings on July 31. Chairman Pell will push his\nversion, S 1539.\nOUTLOOK:\nLEGISLATION:\nFederal Election Reform Commission\n(SJ Res. 110; HJ Res 559)\nBACKGROUND:\nPresidential Message\nPROVISIONS:\nEstablishes a bi-partisan Commission to study election reform and make\nappropriate recommendations.\nFORD LIBRARY is GERALD\nSTATUS:\nA. SENATE:\nSenate Rules reported on 7/11/73 SJ 110 with\namendments.\nB. HOUSE:\nReferred to House Administration on 5/16/73\nOUTLOOK:\nINTERIOR\nLEGISLATION:\nAlaska Pipeline (S. 1040; H.R. 5442)\nBACKGROUND:\nInterior draft cleared 2/27/73.\nPROVISIONS:\nThis bill would amend the Mineral Leasing Act of 1920 to allow the\nconstruction of the Trans-Alaska Pipeline.\nFORD & LIBRARY GERALD\nSTATUS:\nA. HOUSE:\nHouse Interior Public Lands Subcommittee\nreported H.R. 9130. May go to full Committee\nsoon.\nB. SENATE:\nS. 1081 passed Senate on July 17 by vote of 77-20.\nOUTLOOK:\nLEGISLATION:\nDept. of Energy and Natural Resources (S. 2135; H.R. 9090)\nBACKGROUND:\nPresidential Statement\nPROVISIONS:\nCombines the Dept. of Interior and several other agencies to\nform a Dept. of Energy and Natural Resources.\nSTATUS:\nGERATO FORD LIBRARY\nA. HOUSE:\nReferred to Government Operations on\n6/29/73.\nB. SENATE: Referred to Government Operations on 7/9/73\nOUTLOOK:\nLEGISLATION:\nHUD\nBetter Communities Act (S. 1743; H.R. 7277)\nBACKGROUND:\nHUD draft cleared 4/18/73\nFORD LIBRARY & CERALD\nPROVISIONS:\nProvides revenue sharing for community development replacing\ncategorical grant programs and reducing Federal control.\nSTATUS:\nA.\nHOUSE:\nAbsolutely no movement for hearings on H.R. 7277.\nIt is most doubtful if such will be scheduled soon,\nperhaps not even this year.\nB.\nSENATE: First action taken 7/16/73 with Sec'y Lynn testify-\ning before Subcommittee on House and Urban Affairs.\nDuring 3 hours of testimony, some five minutes spent\non BCA, the remainder on Housing. The Administrat-\nion's housing proposal won't be sent to Congress\nOUTLOOK:\nuntil Sept. 7. The opening of the 2 wks of hearings\nconsidered a failure.\nD.O.T. had though there was a 50/50 chance for enactment by\nnext year. This was a most optimistic outlook and most agree the\n93rd Congress will not pass Better Communities.\nCOMMERCE\nLEGISLATION:\nTrade Reform Act of 1973 (H. R. 6767)\nBACKGROUND:\nSpecial Message 4/10/73\nPROVISIONS:\nGives the President the negotiating tools to achieve better treatment for\nAmerica in world trade.\nFORD & LIBRARY GERALD\nSTATUS:\nA. House: Hearings commenced on May 9 and mark-up started on\nJune 18. Committee currently pushing to report bill\nso it can be passed by August recess.\nB. Senate: Referred to Senate Committee on Finance. No hearings\nscheduled.\nOUTLOOK:\nBelieve the bill is shaping up to be acceptable to all interests. It will be\npassed by House barring any wild amendments,\nINTERIOR\nLEGISLATION:\nDeep Water Ports (S 1751; HR 7501)\nBACKGROUND:\nSpecial Message 4/18/73\nPROVISIONS:\nProvides authority for the Secretary of the Interior, in consultation\nwith other federal agencies and State government to issue a license\nin waters beyond State jurisdiction for the operation of deep water\nports.\nFORD & LIBRARY GERALD\nSTATUS:\nA. HOUSE:\nBefore House Interior Environmental\nSubcommittee for hearings. Prospects\nin House are cloudy because of jurisdictional\nproblems between Interior, Public Works and\nMerchant Marine and Fisheries Committees.\nNo Floor action in the House likely until after\nthe recess.\nB. SENATE:\nInterior, Commerce, and Public Works Committees\nwill hold joint hearings July 23 through 25.\nNo Senate Floor action likely before recess.\nOUTLOOK:\nOMB\nLEGISLATION:\nBicentennial Reorganization (HR 3695)\nBACKGROUND:\nStatement 2/1/73\nPROVISIONS:\nEstablishes an American Rev. Bicentennial Administration\nin lieu of the present Commission.\nSTATUS:\nA. HOUSE:\nHas passed in acceptable form, 344-14, an\namended bill HR 7446.\nB. SENATE:\nJudiciary Subcommittee hearings held July 11,\n1973. Hruska plans executive mark-up this\nweek and hopes to get bill to Floor before\nAugust recess.\nOUTLOOK:\nFORD & LIBRARY GERALD\nLEGISLATION:\nForeign Assistance Act (S 1711; HR 7484)\nBACKGROUND:\nPresidential Message\nPROVISIONS:\nAuthorizes $2.9 (b) billion for economic and military assistance.\nOf this amount, $1. 2 (b) billion is for military assistance and the\nremainder for economic assistance.\nSTATUS:\nA. HOUSE:\nHouse Foreign Affairs Committee on 7/19/73\nordered reported a clean bill -- HR 9360 (Morgan)\nOUTLOOK:\nFORD & LIBRARY SERALD"
}