6 1 officer, office, or agency is a party to an action or has a 2 present or future interest in the action. 3 ADMINISTRATIVE PROVISIONS 4 SEC. 4. (a) In order to carry out the provisions of this 5 Act, the Counsel is authorized to 24 (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 7 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 Representa 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Justice Department Re4 form Act". 5 6 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 1 2 3 4 5 6 7 8 9 2 "(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.". 13 (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 17 18 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". 21 (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”. 24 (c) Section 27 of the Revised Organic Act of the 3 1 Virgin Islands (48 U.S.C. 1617) is amended by striking 2 out "President" and inserting in lieu thereof "Attorney 3 General". 4 APPOINTMENT OF ASSISTANT UNITED STATES ATTORNEYS 5 6 SEC. 4. Section 542 of such title is amended to read as follows: 7 "§ 542. Assistant United States attorneys 8 "(a) The Attorney General may appoint assistant 9 United States attorneys, and may assign such attorneys to 10 assist any United States attorney the Attorney General 11 considers appropriate. "(b) Each assistant United States attorney is subject 13 to removal by the Attorney General.". 15 SEC. 5. Section 7324 of title 5, United States Code, is 16 amended by adding at the end thereof the following new 17 subsection: 18 "(e) Notwithstanding the provisions of subsection (d) 19 of this section, subsection (a) (2) of this section applies 20 to all officers and employees of the Department of Justice.”. 21 22 EFFECTIVE DATE; INITIAL APPOINTMENT OF OFFICERS SEC. 6. (a) This Act, and amendments made by this 23 Act, other than this section, shall take effect ninety days 24 after the enactment of this Act. 25 26 (b) Notwithstanding subsection (a) of this section, any vacancy in any office affected by this Act may be filled in |