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House of Congress or by any committee, Member, officer, office, or agency of the Congress; and

(5) represent, upon the request, or with the approval of the Committee on the Judiciary of the Senate or the House of Representatives, either House of Congress or any committee, Member, officer, office, or agency of the Congress in any legal action pending in any court of the United States to which such House committee, Member, officer, office, or agency is a party and in which there is placed in issue the validity of any official proceeding of or action taken by such House, committee, Member, officer, office, or agency.

(b) Upon receipt of written notice from the Counsel 14 General to the effect that he has undertaken pursuant to sub15 section (a) (5) of this section to perform any such specified 16 representational service with respect to any designated action 17 or proceeding pending or to be instituted in a court of the 18 United States, the Attorney General shall be relieved of 19 responsibility and shall have no authority to perform such 20 service in such action or proceeding except at the request or 21 with the approval of the Counsel General.

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(c) The Counsel shall seek the assistance and coopera

23 tion of a Member, committee, officer, office, or agency in all

24 proceedings under this Act when such Member, committee,

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1 officer, office, or agency is a party to an action or has a

2 present or future interest in the action.

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ADMINISTRATIVE PROVISIONS

SEC. 4. (a) In order to carry out the provisions of this

5 Act, the Counsel is authorized to—

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(1) appoint and fix the compensation of such Assistant Counsels General, clerks, and other personnel as may be necessary to carry on the work of the Office. Assistant Counsels General shall be appointed without reference to political affiliations and solely on the basis of fitness to perform the duties of the office;

(2) to make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary to carry

out the duties of the Office under this Act;

(3) delegate authority for the performance of any such duty to any officer or employee of such Office;

(4) obtain the services of experts and consultants in accordance with the provisions of section 3109 of

title 5, United States Code;

(5) use the United States mails in the same manner and upon the same conditions as other departments and

agencies of the United States.

AUTHORIZATION OF APPROPRIATIONS

SEC. 5. There are hereby authorized to be appropriated

25 to the Office of the Counsel General such sums as may be

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1 required for the performance of the duties of the Counsel 2 General under this Act. Amounts so appropriated shall be

3 disbursed by the Secretary of the Senate on vouchers ap4 proved by the Counsel General.

93D CONGRESS 2D SESSION

S. 3395

IN THE SENATE OF THE UNITED STATES

APRIL 29, 1974

Mr. ROBERT C. BYRD (for Mr. BENTSEN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To reorganize the Department of Justice, to require nonpartisan appointments to policymaking positions in such Department, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Justice Department Re4 form Act".

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APPOINTMENT OF OFFICERS

SEC. 2. (a) Chapter 31 of title 28, United States Code,

7 is amended by inserting after section 506 the following new

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“(1) whether paid or unpaid, held a position of trust and responsibility to an individual who was elected to the office of President while serving (A) on the

personal campaign staff of such individual, or (B) on an

organization working on such individual's campaign, or

"(2) held a statewide or national office or was employed by a State or National political party, respectively, that campaigned for an individual who was elected to the office of President,

10 shall be ineligible for appointment to any position under 11 sections 503-506 of this title if the appointing authority 12 is the President for whom such individual campaigned.".

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(b) The analysis of chapter 31 of such title is amended

14 by inserting immediately below item 506 the following new

15 item:

"506A. Qualifications.".

16 APPOINTMENT OF UNITED STATES ATTORNEYS AND UNITED

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STATES MARSHALS

SEC. 3. (a) Section 541 of such title is amended by 19 striking out "President" in subsections (a) and (c) and

20 inserting in lieu thereof "Attorney General".

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(b) Section 561 of such title is amended by striking

22 out "President" in subsections (a) and (b) and inserting

23 in lieu thereof "Attorney General”.

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(c) Section 27 of the Revised Organic Act of the

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