S.2251.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP73B00296R000400070010-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 9, 2016
• Document Release Date: August 15, 2001
• Sequence Number: 10
• Publication Date: July 12, 1971
• Content Type: OPEN

910700 Approved For FL~iMgl6WAJ:flt@M7-lEgLqqWM0040007001 0-Quly 12, 1971
evidence presented is substantially the same
as that presented earlier.
Subsecion (c) permits a subsequent board
unlimited by previous findings or recom-
mendations only if fraudulent evidence sub-
mitted by the respondent formed the basis
in whole or in part for the findings of the
first board.
Section 964(a) prescribes the standards for
the types of discharges permitted.
Subsection (b) provides that a member
discharged for unsuitability may receive an
honorable or general discharge based upon
his military record considered in the light
of his mental and physical capabilities.
Subsection (e) authorizes an undesirable
discharge on the grounds of misconduct after
a civil conviction for a crime involving nar-
cotics or sexual perversion, where State law
authorizes imprisonment for one year or
more; after conviction of a crime classified
as a felony under title 18, United States Code,
or the District of Columbia Code, or for
which the Uniform Code of Military Justice
authorizes the award of a punitive discharge;
or after conviction of a crime of sexual per-
version for which the respondent was adjudi-
cated a juvenile offender.
Subsection (d) authorizes a discharge for
misconduct for unauthorized absence of
more than one year or for fraud or misrepre-
sentation at the time of enlistment which
if known at the time would have resulted in
the rejection of the member by the service.
Subsection (e) authorizes an undesirable
discharge on the grounds of unfitness based
upon frequent involvement with authorities,
sexual perversion, a pattern of shirking du-
ties, or a pattern of dishonorable failure to
pay debts.
Subsection (f) authorizes an undesirable
discharge on the grounds of security.
Subsection (g) permits the issuance of a
discharge other than undesirable in cases
where the respondent has received a personal
'decoration by his service, or where other-
wise warranted by the facts of the case.
Subsection (h) prohibits the execution of
a discharge for misconduct for civil convic-
tion if an appeal is still pending unless the
Judge Advocate General of the service cer-
tifies that the appeal is frivolous or without
merit. If a discharge is executed prior to the
final disposition of the appeal and the ap-
peal later results in the member not having
been legally convicted of a felony, he must
receive all pay and benefits he would have
received if he was not so discharged. An
undesirable discharge so issued . shall be
changed to a general or honorable discharge,
and a general discharge may be changed to
an honorable discharge if warranted by the
individual's record.
Section 965 authorizes honorable or gen-
eral discharges based upon grounds other
than those prescribed in this chapter, as
prescribed by law or provided in regula-
tions issued by the Secretary of Defense.
Section 986 authorizes the Secretary of
Defense to issuir regulations providing for the
review of discharge actions to determine that
all proceedings were fair and impartial and
that they were conducted consistent with the
provisions of the chapter. No decision on re-
view may be less favorable than the action
ordered by the discharge authority. Review
by the Court of Military Appeals may be
obtained. No decision upon review by the
Court may be less favorable than the action
ordered by the discharge authority.
Section 3 conforms the table of chapters
of subtitle A, title 10, United States Code
to the changes made by the addition of
chapter 48.
Section 4(a) amends section 867 of title
la, to provide for review by the Court of
Military Appeals of cases in which petition
for review is made under section 966(b).
Subsection (b) limits review of such cases
to.lssues of, law specified in the grant of re-
view or raised by the armed force,
Subsection (c) specifies that oases reviewed
by the Court of Military Appeals are to be
returned to the reviewing authority specified
by section 966(a) for further consideration or
action in accordance with the decision of the
court.
The Other subsections of section 4 make
technical changes In accordance with these
provisions.
Section 5 provides for the amendment of
section 887(b) (4) to authorize the represen-
tation by appellate military counsel of re-
spondents whose cases are before the Court
of Military Appeals.
Section 6 adds the definition of "respond-
ent" to section 801.
Section 7 makes section 268 of title 10, re=
lating to the composition of boards for ap-
pointment, profnotion, demotion and invol-
untary release of Reserves, subject to the pro-
visions of chapter 48.
Section 8 amends section 1161 of title 10,
relating to dismissals of commissioned of9-
cers, to provide that no commissioned officer
may be discharged for reasons of misconduct,
unfitness, or security under conditions other
than honorable, except pursuant to chap-
ter 48.
Sections 9-11 amend sections 1161-1165 of
title 10 to make discharges under those pro-
visions subject to provisions of chapter 48.
Section 12 amends section 1166 of title 10
to require that in actions considering the
separation of regular warrant officers the bur-
den of justifying the separation is on the gov-
ernment.
Section 13 amends sections 3781, 3782,
3783 and 3785 of title 10 to require that in
the proceedings of selection boards, board
of inquiry, and boards of review considering
the removal of regular commissioned officers
because of substandard performance of duty,
the burden of justifying the removal is on'
the government. All rights and procedures
set forth in chapter 48 govern these pro-
ceedings.
Sections 14-15 make similar changes with
respect to such boards considering the remov-
al of general officers.
Section 16-20 make similar changes In the
sections of title 10 concerning analogous pro-
ceedings in the Navy, Marine Corps, and the
Air Force.
Section 21 amends sections 321-323, and
325 of title 14, United States Code, to make
similar changes in analogous proceedings in
the Coast Guard.
Section 22 provides that the amendments
made by the Act are to be effective on the
first day of the sixth calendar month follow-
ing the month in which it is enacted.
By Mr. CASE:
S. 2251. A bill to provide that the Presi-
dent no~Ify Congress of his intention to
exercise certain special authorities under
the Foreign Assistance Act of 1961. Re-
ferred to the Committee on Foreign Rela-
tions.
NOTICE TO CONGRESS OF FOREIGN MILITARY OR
ECONOMIC ASSISTANCE TRANSFERS
Mr. CASE. Mr. President, I am today
introducing legislation which would re-
quire the President to give Congress ad-
vance notice of money transfers within
the foreign military and economic assist-
ance programs.
I have long been concerned by the so-
called "flexibility" written into the For-
eign Assistance Act. The President now
has authority to shift large amounts of
money programed for one country to
another country, with the proviso that
he notify Congress within 30 days.
Thus, the law as presently written al-
lows the administration to make a sig-
nificant commitment to a foreign coun-
try without including either the Congress
or the public in the debate.
Under this authority, the administra-
tion shifted nearly $100 million to the
Cambodia Government during 1970. The
largest portion of this transfer was made
before the 1970 elections, but Congress
was not notified until the end of No-
vember.
I firmly believe that such a large com-
mitment of U.S. Government funds to
Cambodia should have been widely dis-
cussed in advance, for it involved a sig-
nificant step toward our becoming en-
tangled in that country.
Then in December 1970, the adminis-
tration came to Congress for a large sup-
plemental foreign aid appropriation, and
we were asked to vote money for those
other aid programs from which money
had been borrowed in order to send the
nearly $100 million to Cambodia.
Frankly, I was disturbed by the whole
process, and that is why in December
I introduced with Senator SYMINGTON an
amendment requiring the President to
give the Congress advance notice of aid
increases in Cambodia. Happily, the
Case-Symington amendment was ac-
cepted by the Congress and then signed
into law by the President.
But in the case of Cambodia, almost
all the horses had escaped by the time we
got around to closing the barn door.
So in the future, I am proposing that
the President give the Congress 30 days
advance-or 10 days in case of an emer-
gency-before he shifts scheduled levels
of foreign military or economic assistance
funds to any country.
If decisions are to be made that affect
our country's foreign policy, let them be
made with full congressional and public
knowledge prior to the event-not 30
days after the fact.
Mr. President, I ask unanimous con-
sent that the text of my bill be printed
in the RECORD.
There being no objection, the bill was
ordered to be printed in the RECORD, as
follows:
S. 2251
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That section
652 of the Foreign Assistance Act of 1961, as
added by section 8 of the Special Foreign
Assistance Act of 1971, is amended to read as
follows:
"SEC. 852. Limitation Upon Exercise of
Special Authorities.-The President shall not
exercise any special authority granted to him
under section 506(a), 610(a), or 614(a) of
this Act unless the President, at least thirty
days (or 10 days if he certifies, in addition,
that the national Interest requires it) prior
to the date he intends to exercise any such
authority, notifies the Speaker of the House
of Representatives and the Committee on
Foreign Relations of the Senate in writing
of each such intended exercise, the section of
this Act under which such authority is to
be exercised, and the justification for, and the
extent of, the exercise of such authority.".
SEC. 2. The last sentence of section 506(a)
of the Foreign Assistance Act of 1961 is
repealed.
By Mr. CASE:
S. 2252. A bill limiting the total amount
of excess defense articles that all Gov-
ernment agencies may make available to
foreign countries;
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 July 12, 1971 Approved For~ele 2001NAL0RECORDP73SENATE 000400070010-0
days before the heart of his case by aboard
of Inquiry, that a hear will be held to de-
termine whether he she tube removed from
(3) by adding at the end
lowing new subsections:
prescribed
tates Code
"(c) The burden of justifying th removal
for cause of any officer from activ duty in
the Regular Coast Guard shall bek on the
SEC.' 22. The amendments made y this
Act shall become effective on the flt day
of the sixth calendar month followlzig the
month in which it is enacted.
SECTIONAL ANALYSIS
cited as "The Military Administrative
charge Procedure Act of 1971."
mum procedural due process applicable in
administrative discharge boards considering
discharges under conditions other than
honorable. Chapter 48 consists of 25 sections
as follows:
Section 941 contains the definitions appli-
cable for chapter 48.
Section 942 makes chapter 48 applicable
to all members of the armed forces whether
in active status or serving in the reserve
forces.
Section 943 provides that no member may
be discharged under conditions other than
honorable except for reasons of misconduct,
unfitness, or security and that discharges for
these reasons must be pursuant to the pro-
cedures set forth In the chapter.
Seot}on 944 defines the administrative dis-
chargeboard as a factfinding body consist-
ing of three or more officers whose duty it
is to conduct a fair and Impartial hearing,
receive evidence, find facts based upon a pre-
ponderance of the evidence, and recommend
on the basis of the evidence and the facts
found, whether a member should be retained
or discharged from the armed forces. The
board is also to recommend the type of dis-
charge and to specify reasons for its recom-
mendations.
Section 945 authorizes the President, the
Secretary of each service and officers desig-
nated by them as appointing authorities.
Member's of the board are required to be of-
ficers of mature judgment and temperament.
Officers who have participated in previous
hearings at which the member was a re-
spondent may not be members.
Section 946 permits the appointment of a
legally qualified adviser to the board when
the case presents legal or other questions of
such complexity as to make the presence of
a legal advisor advisable or when the board
or the respondent so requests. The appoint-
ing authority is directed to comply with the
request unless there are compelling reasons
for refusing. A statement of the reasons must
be included in the record if the request is
not granted.
Section 947 requires the appointment of
legally qualified counsel for the respondent.
The member may have military counsel of
his own choice if reasonably available and
may also retain civilian counsel at his own
expense.
Section 948 authorizes the appointment of
a non-voting recorder to present evidence to
the board and to keep a record of the pro-
ceedings.
Section 949 provides for the appointment
of reporters to record the proceedings and
testimony presented at the hearing.
Section 950 authorizes the Secretary of
Defense to prescribe rules and regulations
S 10699
for implementing chapter 48. The Secretary board when no legal advisor has been de-
of Transportation is similarly authorized to tailed.
prescribe rules for the Coast Guard when it Section 958 requires members of the
is not operating as a service in the Navy, board, counsel and reporter to take an oath
The section states that the procedural safe- to perform their duties faithfully. Witnesses
guards established by chapter 48 are to be are examined under oath.
considered minimums and that the Secre- Section 959 prohibits the admission into
Gary may grant additional procedural sale- evidence of acts occurring more than three
guards to respondents. The rules are to be years prior to the order appointing the
as uniform as possible and are to be re- board or prior to the current enlistment or
ported to the Congress. tour of duty of the respondent, whichever
Section 951 parallels section 837 of title 10 is longer. However, evidence of fraud or mis-
(article 37 of the Uniform Code of Military representation affecting the current enlist-
Justice) in prohibiting improper interfer- ment is admissible if the service could not
ence 'with the Independence and. Impartiality have discovered the misrepresentation or
of discharge boards, courts of Inquiry and fraud.
military commissions. Subsection (c) prohibits introduction of
Subsection (a) prohibits any reprimand evidence of acts or omissions which were the
of aboard because of the findings or recom- subject of a previous court-martial or civil
mendations arrived at in a ease. General in- trial which resulted in acquittal or for which
structions relating to the duties and respon- the rule against double jeopardy prevents
ai)bilities of board members are permitted. a second trial.
Subsection (b) prohibits coercion or im- Subsection (d) requires that any evidence
proper influencing of boards with a view to admitted must be relevant, material, and
affecting the impartiality of the proceedings. probative. It prohibits any ex-parte evidence
Subsection (c) makes violation of this sec- and introduction of investigative reports un-
tion punishable as a court-martial offense. less a copy has been furnished to the re-
Subsection (d) prohibits the evaluation of spondent in advance and the investigating
a member's performance as l aboard member officer is available for examination as a
for nurfooses of promotion nr sa.ssi
nmen+ _ _._ _
g
verse factor for promotion or assignment. vrVf ? soul, be mtroctuced if d,-
verse 952 requires that 15 days notice be hetirons have substantially reduced its
rights
dente
o have legal counsel to present evi- muer regulations prescribed by the Secre-
pd cross-exadverse witnesses. tary of Defense. Subpoena power is author-
amine
action
evidence a
iso inform 'him of the nature of Subsection (b) permits the taking of depo-
siti
ons upon reasonable notice unless for-
contemplated, the charges and
f ____ bidden upon good
Linst him th
n
ames o
e
Section 958 re
respondents less
31 years old must be meat in ors own defense and to submit to
on of discharge action. examination under oath if lie chooses. Cross-
spondent is over 21 buts considered unable tion of all documents and other evidence
to appreciate the nature f the action being submitted is permitted respondent and coun-
Section 964 requires that unsel be sent Section 961 provides that all rulings, find-
copies of all notices and oth information ings, and recommendations shall be by ma-
sent to the respondent, jority vote of the members of the board.
Section 985(a) provides that written When a legal advisor is detailed, he rules
waiver of the right to a board ins. be made on the admissibility of evidence, on motions
only after consultation wdth cou . The and on challenges for cause.
waiver is not valid If made Within ours Section 982 re
i
qu
res that a record be kt
ep of notice under section 952. The appoi ng of all proceedings and that a copy be pre-
authority may also rejects waiver if he e- sented to the respondent. The record must
termines that it was improvidently be verbatim in cases of undesirable dis-
Subsection (b) permits the appointing au- charges and in all other cases where ordered
thority to deem a waiver of a board hearing the appointing authority, required by
to have been made if a respondent In civil re lations, or where required for-a fair and
confinement .or absent without official leave imp tial review of the board proceedings.
fails to respond within 30 da
f
i
ys o
not
ce S 963(
.ec na) authorizes the appointing
Subsection (c) permits a respondent to authors to approve the findings of the
resign or be discharged for the good of the board if a determines that they are sup-
service if he so requests in writing after ported by preponderance of the evidence
consultation with counsel. The discharge in the recto . He may disapprove the dis-
awarded may be honorable or under hon- charge reco mended and issue a higher
orable conditions if such is warranted in type of discha a or order a new hearing if
the inierests of justice. An undesirable cis- he determines e existence of error prej-
charge may not be awarded if the grounds udiaial to the pendent, or in the in-
alleged for board action would not have terests of justice. e may not approve find-
supported such a discharge. ings or recommen ions of the new board
Section 956 requires that all proceedings less favorable to the espondent if the evi-
of the board be recorded and that, except dente presented is sub tantially the same as
when the board deliberates or votes, they that presented in the ea ier hearing. The au-
occur in the presence of counsel, the re- thority may also retain a member or sus-
spondent, and the legal advisor if one has pend the execution of a d charge. The basis
been detailed. Only the voting members of for the discharge may be hanged, but no
the board may be present when the board discharge recommended on he grounds of
deliberates or votes. The board may hear the unsuitability may be changed the. grounds
wh
th
f ..'-?`
case in absentia onl
-------'---.
y
en
o
e
ness misdt
conuc.
is re
resnt
d b
p
e
ey qualified counsel. Subsection (b) provides that en a board
Section 957 provides for challenges to recommends the retention of th respond-
board members only for cause. Challenges ent, the case is closed, and no ssequent
are determined by the other members of the . board may again consider the chargft if the
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 Jule 32', 1971Approved 'For MRES4ON.AL RECORD 73BFNA 8000400070010-0 nnn~
S. 2253. A bill to require specific con- I agree with this diplomat's appraisal, bodia. It would not affect the present
gressional authorization before funds and consequently I have done everything programs for U.S. payments to Koreans,
may be made available to finance mill- I can to bring the facts on the war in Thais, and Filipinos in Vietnam, since
tary operations outside the borders of Laos before the American public. Congress has specifically voted money for
the country of the government or person For example, I stated several weeks these troops. My bill would, however, re-
receiving such funds; and ago that there apparently was an agree- quire the administration to Inform the
B. 2254. A bill to limit all Government ment between the United States and Congress, on a confidential basis, if nec-
agencies with respect to the use of funds Thai Governments for the financing and essary, of the details of any agreements
for certain activities conducted outside support through CIA of thousands of with foreign governments to finance their
the United States. Referred to the Cam- Thai troops in Laos. Only when the ad- military operations abroad. I would hope
mittee on Foreign Relations. ministration became .aware of my speech this would prevent our Government from
INCREASED CONGRESSIONAL CONTROL OVER CER- did the Senate receive any kind of ex- offering lavish inducements to foreign
TAIN CIA AND DEFENSE DEPARTMENT PROGRAMS planation of what was going on. And the governments in return for the use of
Mr. CASE. Mr. President, much has explanation was incomplete and partially their troops. As you may remember, it
been said lately about the effort of Con- inaccurate despite its secret classification was revealed -last year that the U.S. Gov-
gress to reassert and redefine its author- which prevented it from being made ernment in some cases had been secretly
Ity in the field of foreign policy. For known to the public. Paying Koreans and Thais in Vietnam
myself, I am scarcely at all interested in Even today, the Government tries to higher levels of combat pay than were
this as an exercise in congressional self- maintain a thick veil of secrecy over some being paid to American troops fighting
aggrandizement. I am very much inter- of its programs in Laos. Every so often in the same country.
ested in it as a means of forcing our news trickles out in driblets as an ener- Third. A bill to extend existing limita-
Government to conduct foreign policy in getic newspaperman digs out a story or a tions on the use by the Defense Depart-
the open so that the public may know Government official leaks out a revela- ment of surplus military materiel to all
what is going on and have the controlling tion. Government agencies. I make this pro-
voice in important decisions. But essentially, we are only told things posal because of reports I have received
In a moment I shall mention briefly after they have somehow gotten into the of the relatively unrestricted use of sur-
several measures I am introducing to public realm, despite the $350 odd mil- plus materiel by CIA, I have no means of
allow Congress to exercise increased con- lion in taxpayers' funds which are being verifying these reports, but if they are un-
trol over certain Central Intelligence spent annually in Laos, to say nothing true, my bill would not interfere with
Agency-CIA-and Defense Department of the estimated $2 billion annual cost of any existing Government programs.
programs. U.S. air activity over Laos. The three proposals I have outlined
My purpose is to place some outside Successive administrations have been would serve to plug some loopholes in
control on what has been the free wheel- able to carry on the secret war in Laos, the law. Of course, they would by no
ing operation of the executive branch as they did earlier in Vietnam, by use means close them all. The Executive can
Iii carrying on foreign policy and even of that vast billion dollar treasure chest find ways to skirt almost any prohibition
waging foreign wars, which Congress has appropriated, but if it is so inclined. The solution to the
To.be perfectly honest, our system has never controlled, for discretionary intel- problem lies, in the long run, not in a
gotten out of whack, and it is time to ligence and military programs. And the tighter drafting of the law but in the ac-
restore a better balance. U.S. Government agency assigned to ceptance by the Executive of Congress
The Constitution does not give the carrying out the administration's poli- and the public as partners in the con-
President authority to declare a secret cies such as the running of the 30,000- duct of the peoples' vital business.
war, and I do not accept that there are man Secret Army-Armee Clandestine- Our country was founded on the prin-
any precedents in our history which and the funding of Thai troops has usu- ciples of democracy, and the essence of a
would permit hiin now to do so. ally been the CIA. democracy is the participation of the
Moreover, our recent history in South- I do not direct criticism against the people and their representatives in the
east Asia shows that wars approved by CIA, for it has only been following orders decisions which affect their very national
Simply a handful of presidential advisers issued by several Presidents. I simply existence.
may well be not only unconstitutional question whether a secret intelligence Mr. President, I ask unanimous con-
but relatively unsuccessful, too. organization should be assigned a war- sent that the text of my bills be printed
Like. most Americans, I was shocked by making role abroad. Certainly this was in the RECORD.
the cynical manipulation of our political not the intent of Congress when it prig- There being no objection, the bills
processes revealed in the New York Times orally voted to establish CIA.
account of the McNamara study on the So I come to my three proposals to were ordered to be printed in the RECORD,
origins of the Vietnam war. I believe that limit the Executive's authority to wage a as follows:
our country should not go to war as part secret war. These are not all-inclusive, S. 2252
of a carefully plotted scenario which but they are an attempt to get at the A e
bill fe limiting the total amount of meat all Involves secret attacks . on the other questions of the circumvention of con- agencies may lemakeaavai able to e foreign
side-some apparently with the aim of gressional intent and the hiring of mer- countries
provoking retaliation against us and our cenalies. The specific proposals are: Be it enacted by the Senate and House
allies. This approach has no place in our First. A bill to extend the limitations of Representatives of the United States of
open society. which now apply to the use by the De- America in Congress assembled, That the
I do not want to get into an extended fence Department of its funds overseas first and second sentences of section 8 (a)
r eig
o the " Act
Post mortem on Vietnam, however. Our to all U.S. Government agencies, includ- F
n Mil Act entitled Sales Act, A Act, to
and for amend her
primary task should not be to engage in ing CIA. This would prevent the circum- purposes-, ppro Sale (Pub.
recriminations or assign blame, but to vention of congressional . 91-6 ; approved January ea, le n (Pub.
bring the war to an end. That is why, funding of activities such as the Thai read. as7follows $ "Subject to are the provisions
last year and earlier this week, I voted troops In Laos through CIA rather than of subsection (b), the value of any excess
for the Hatfield-McGovern proposal to through more open Government agen- defense article granted to a foreign country
set a definite date for U.S. withdrawal ties. It would also eliminate, the possibil- or international organization by any depart-
from Vietnam. ity that the Cooper-Church prohibitions ment, agency, or independent establishment
The Vietnam war, as least during the against the use of American troops or of the United States Government shall be cons lost several years, has been waged es- advisers in Cambodia could be skirted by funds appsop9 p be an under the For the Foreign made from ted sentiaily in the open. The same cannot using CIA Personnel. Pr61 for undeistan Assist-
be said for the war in neighboring Laos. onse Act d part t, agency, oresta ish-
Second. A bill to prohibit the funding less such department, agency, or establish-
A top American diplomat was quoted re- by any U.S. Government agency of mili- ment certifies to the Comptroller General of
ently by the Washington Star as saying: bast' operations by any Country outside the United States that the excess defense
''r
C+~hat we are doing here in Laos is otally its borders without specific congressional article it is ordering is not to be transferred
inconsistent with our kind of society. We are authorization. This would eliminate the by any means to a foreign country or inter-
a war by covert means and an open confusing trail of Thais in LAOS Cam- national a defense att, when an order is
sQclety cannot tolel+ate that. placed fora defense article whose stock status
bedpans in Laos, and even Thais in Cam- is excess at the time ordered, a sum equal
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 Approved For Release 2001/08/20 : CIA-RDP73B00296R000400070010;0
S 10702 CONGRESSIONAL RECORD SENATE JJUIy 12, 1971
to the value thereof shall (1) be reserved and development of devices and equip- fected industries to expedite the develop-
and transferred to a suspense account, (2) ment to meet government standards for ment of more effective emission control
remain in the suspense account until the motor vehicle exhaust emisisons and methods. The exemption would not cover
excess defense article is either delivered to abatement of air pollution. Referred to vehicle safety developments or any other
a foreign country or international organize-
tion or the order therefor is cancelled, and the committee on the Judiciary. competitive phase of the industry.
(3)
(3) be e transfered fom the suspense account MOTOR VEHICLE AIR POLLUTION CONTROL Moreover, the bill provides ample safe-
to (A) the general fund of the Treasury upon ACCELERATION ACT guards to assure that the exemption
delivery of such article or (B) to the military Mr. GRIFFIN. Mr. President, a few would be fully in keeping with the pur-
assistance appropriation for the current fis- weeks ago the leading domestic and for- pose of the antitrust laws:
Cal year upon concellation of the order." eign automobile manufacturers reported Any cooperative arrangement would require
to the Environmental Protection Agency prior approval by the Attorney General, and
s. 2253 they are making in the he would have complete oversight of actions
A bill to require specific congressional au- on the progress taken pursuant to such an arrangement.
thorization before funds may be made control of automotive emissions. What Information developed under such arrange-
available to finance military operations they had to say added up to a discourag- ments would have to be shared with any non-
outside the borders of the country of the ing outlook for the prospects of comply- participating manufacturer who wanted it.
government or person receiving such ing with the Federal emissions standards Predatory pricing or predatory practices
funds set by Congress in the Clean Air Act would continue to be subject to antitrust
Be it enacted by the Senate and House Amendments of 1970. prosecution.
of Representatives of the United States of There was a good deal of progress to n ate And finally, the December 31, 1975. exemption would termt-
America in Congress assembled, That chap- report in reducing emissions below
ter 2 of part II of the Foreign Assistance today's levels. Some companies were I wish to point out that there is nothing
Act of 1961 is amended by adding at the hopeful that they may be able to meet new or even uncommon about exemp-
end thereof the following new section: the 1975 standards on hydrocarbons and tions to the antitrust laws. A former as-611. on Funds ds for r I,11Military ations Opeer rations.-(a) No carbon monoxide. None of them, how-
funds authorized or appropriated under any ever, could say so with any certainty, and antitrust has estimated that nearly 20
provisions of law shall be made available by none of them could see more than the percent of the national income originates
any means by any officer, employee, or agen- barest possibility of meeting the 1976 in sectors exempt from antitrust laws.
cy of the United States Government for the standard for oxides of nitrogen. . Among the many examples which can
purpose of financing any military operations From this progress report we can draw be cited are section 9 of the Small Busi-
outside the borders of the country of the only one realistic conclusion: The auto- ness Act, which permits joint research
unless Congress nt person receiving such funds mobile manufacturers are gaining on the programs among small business con-
making unless of funds avai avaAlable able specifically for r such such purpose thherpose needed technology but losing their race cerns; section 708 of the Defense Pro-
and designates the area where military op- against the clock. I remind my colleagues duction Act, as amended, which provides
erations financed by such funds may be that the clock by which the automobile for voluntary agreements and programs
undertaken outside such borders. industry must work, owing to lead times, designed to further the objectives of
"(b) Upon requesting Congress to make is set months and years ahead of ours. that act; section 2 of the act to assist
any such authorization, the President shall For efficient production-which means in safeguarding the U.S. balance-of-
provide to Congress a copy of any agreement lower costs to consumers-1975 model payments position, which also provides to be
go idt with any such for voluntary agreements and programs
entered government e or r person on and t the complete de - designs must be locked up by approxi-
to further the aim of the band the
tails of the proposed military operation. Up- mately one short year from now. Newspaper Preservation the Act, bill; which the
pro-
on such authorization by Congress the Accordingly, it is increasingly evident
President shall provide a copy of any such that we are rushing headlong toward an vides antitrust exemption for joint news-
agreement and thereafter of all plans and unpalatable choice between, fiscal, an paper operating arrangements where
details of such operation." extension of the deadline for meeting the needed to sustain a financially sound
S. 2254 Clean Air Act standards, or second, ?a publication.
crippling of automobile production with Mr. President, a temporary and care-
A resl tot limit all use of funds for t agencies certain witac- the attendant consequences to our fully qualified antitrust exemption such-
respect to the c of outside as that which I propose is necessary to
staautomobile oriented
Statestics conducted oe the United ed transportation an tand to to our system. promote two vital goals essential to the
Be it enacted by the Senate and House Mr. President, today I am introducing public interest:
of Representatives of the United States of a bill which would minimize the neCes- First. Improving the quality of our
America in Congress assembled, That sec. sity for making that difficult choice by air, and
tion 7(a) of the Special Foreign Assistance Second. Preserving a healthy auto-
Act of 1971 (84 Stat. 1943) is amended by maxamizing the automobile industry's mobile industry.
adding at the end thereof the following new chances of meeting the Clean Air Act One of the most forceful arguments
sentence: "None of the funds authorized standards on schedule. for permitting most
auto companies to cos
or appropriated pursuant to this or any Other As my colleagues know, the major operate on emissions work has come
Act may be used to provide militdry or American automobile manufacturers are from Mr. Leonard Woodcock, president
paramilitary instruction or training assist. now working in willful ignorance of each
ante to or for Cambodian military or pars- other's emissions research under aeon- of the United Auto Workers. The UAW's
military forces in Cambodia through advisers commitment to environmental improve-
paid directly or indirectly by any depart, sent decree which prohibits them from ment cannot be questioned but, as Mr.
ment, agency, or independent establishment exchanging technical information relat- Woodcock pointed out in a letter dated
of the United States Government or with Ing to emissions hardware. The consent May 24, 1971, to the Attorney General,
funds of any such department, agency, or decree stems from a 1969 Justice Depart- the UAW must also be deeply concerned
independent establishment." ment antitrust charge, stoutly denied by about the jobs and economic well-being
SEC. 2. Section 401(a) of Public Law the companies, that their cooperative ef-
89-367, approved March 15, 1966 (80 Stat. forts constituted a conspiracy in restraint of nearly 1 million members of the union
37) , as amended, is amended- of trade. and their families.
(1) by inserting in the second sentence In his letter, Mr. Woodcock strongly
of paragraph (1), after "to or for the use of The bill I am introducing would per- urged that the Justice Department per-
heir
the Armed Forces of the United States", they mit accelerated development of effective cturers to share their
following: "or of any department, agency, or air pollution control devices through a mit all technology auto under manufaacturand strict
gov-
independent establishment of the United limited exemption to the antitrust laws
States"; and which would allow the .auto manufac- ernmenttal supervision in a crash pro-
(2) by inserting in the introductory mat- gram to solve the problems of 'both
ter preceding clause (A) of paragraph (2) turers to disclose to one another the re- vehicle emissions and vehicle safety.
of. such section, after "Armed Forces of the suits of their efforts and thereby find Mr. Woodcock said:
United States", the' following: "or of any quicker'solutions to automotive pollution. The purpose underlying the antitrust laws
department, agency, or independent estata- Mr. President, exemptions to the anti- is, of course, to promote cThere
s, oould f not be competition competition.
such vital
lishment of the United States". trust laws are and should be strictly con-
mom strued and severely limited. The exemp- areas as human safety and pollution control.
m, Mr GRIFFIN' tion I prrnnae has been narrowly drawn There should not be added profit for those
8. 2258. A bill to permit coordination with that principle in mind. Its sole and who can best cut corners and save in these
and cooperation aocelera ref r 11 sin 1 u ose would be to enable the af- areas. Every car should be as safe and clean
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