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![handle is hein.gao/gaobadxkf0001 and id is 1 raw text is:
UNIO STATES GENERAL ACCOUNTING OFF*
WASHINGTON, D.C. 20548
FOR RELEASE ON DELIVERY
Expected at 3:00 p.m.,EDT
Wednesday, July 28, 1971
STATEMENT OF ROBERT F. KELLER
CY DEPUTY COMPTROLLER GENERAL OF THE UNITED STATES S
I ' 6 BEFORE THE SUBCOMMITTEE ON SEPARATION OF POWERS 2 /
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
Mr. Chairman and Members of the Committee:
We are glad to appear before you today to testify on IS. 1125]j 92d Congress,
with regard to the exercise of executive privilege.
S. 1125 would amend title 5 of the United States Code so as to provide that
no employee of the executive branch summoned or requested to testify or produce
documents before the Congress or its committees shall refuse to do so on the
grounds that he intends to assert executive privilege; and no such employee shall
assert the privilege unless at the time it is asserted he presents a statement
signed personally by the President requiring that executive privilege be asserted
as to the testimony or document sought.
We believe that S. 1125 is the first measure to specifically recognize the
doctrine of executive privilege?- a basis for refusing information to the Congress.
In this regard it is unlike the Foreign Assistance and Related Programs Appropria-
tion Act, 1971, and kindred appropriation acts going back as far as the Mutual
Security Appropriation A ct, 1960, as well as section 634(c) of the Foreign
Assistance Act of 1961. Those measures, in effect, excused production of certain
documents to committees of Congress and the General Accounting Office upon
certification by the President that he has forbidden the furnishing of such
documents and his reason for so doing.
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