THE PRESIDENT'S DECISION TO SELL PHANTOM JETS TO ISRAEL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP70B00338R000300060008-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: January 4, 2017
• Document Release Date: July 15, 2005
• Sequence Number: 8
• Publication Date: October 10, 1968
• Content Type: OPEN

October 10, 4191960ved For Rte ( kLC Wgp80M0P00300060008-1 -149719
The legislative history developed by these
sources is as follows:
a. The record of the joint Hearings (1966)
reflects the testimony of many knowledgeable
witnesses in the field of military justice. One
of the most knowledgeable witnesses was
Chief Judge Robert E. Quinn, U.S. Court of
Military Appeals. He stated that he was in
substantial agreement with all the bills pro-
posed by Senator Ervin (S. 745-5. 762) and
that they were a step in the right direction.
(Report of Joint Hearings at Page 277). In
addition, the record of the Joint Hearings
(1966) reveals the following items of legisla-
tive history concerning some of the above
amendments.
(1) Amendment listed as "a." is similar
to S. 751 discussed at pages 550-557 of the
report of the Joint Hearings.
(2) Discussion of the amendment listed
as "b." Is encompassed in the discussion of
S. 759' at pages 619-629.
(3) Amendment listed as "c." is a con-
cept similar to that proposed in S. 752 dis-
cussed at pages 558-571.
(4) Amendment listed as "d." is similar
to provisions of S. 750 discussed at pages 519-
549 and S. 752 discussed at pages 558-571.
(5) Amendment listed- as "e." is similar
to S. 745 discussed at pages 464-474.
(6) Amendment listed as "f." is similar
to S. 745 discussed at pages 464-474.
(7) Amendment listed as "g." is a con
cept similar in part to S. 748 discussed at
pages 497-507.
(8) Amendment listed as "h." is similar
to provisions of S. 748 discussed at pages
497-507.
(9) Amendment listed as "i." is similar to
S. 749 discussed at pages 508-518.
(10) Amendment listed as "k.," although
not specifically considered in a proposed
senate bill in the Eighty-ninth Congress,
was considered in detail at the Joint Hear-
ings. The concept of providing qualified
counsel at special courts-martial was dis-
cussed by all of the services and DOD in
their answers to questionnaires sent to them
by the committee. Pages 876, 917, 940, 965.
b. The record of the Joint Reports of the
Code Committee reveals the following items
of legislative history concerning concepts or
proposals similar to some of the above
amendments:
Amendment a.-Pages 37-39, (1964 Re-
port) ; - page 3, (1965 Report) ; page 18, (1966
Report).
Amendment b.-Page 41, (1966 Report).
Amendment c.-Page 40, (1966 Report);
pages 15-34, (1964 Report).
Amendment d.-Pages 31, 32, (1966 Re-
port) .
Amendment e.-Page 17, (1966 Report).
Amendment f.-Page 12, (1965 Report).
Amendment g.-Pages 18, 41, (1966 Re-
port). ,
Amendment i.-Pages 18, 38, 39, (1966 Re-`
port).
Amendment j.-Page 37, (1966 Report).
Amendment k.-Pages 44, 59, (1966 Re-
port).
c. The transcripts of the Committee Hear-
ings in the House on H.R, 12705 and H.R.
15971 reveal the following items of legisla-
tive history.
(1) Amendment "c" provides that the con-
vening authority would not have veto power
over the accused's request for a single officer
court, This would leave the approval of the
accused's request solely within the sound
discretion of the military judge. The argu-
ments as to the appropriateness of the con-
vening authority's veto power were presented
in detail at pages 37-71 of the transcript of
the 26 October 1967 hearing, and pages 8-10
of the transcript of the hearings of 14 March
1968.
(2) Amendment "It" provides for lawyer
counsel at the request of the accused at
special courts-martial when available. The
need for lawyer counsel when a bad conduct
discharge can be adjudged by a special
court-martial was discussed at the Armed
Services Committee Hearing of 24 April 1968.
In particular, the great need for lawyer coun-
sel to defend all military accused was em-
phasized by Representaive Hebert at page
14 of the transcript.
Without retracing the exact positions
taken by persons interested in the subject
matter of the amendments, the foregoing
sampling demonstrates that the subject or
substance of the amendments is not new
matter, but has been exhaustively consid-
ered in prior legislative proceedings and re-
ports to the Congress.
4. In addition, the substance of each
amendment has been commented upon in
detail in various Department of Defense
(DOD) reports. The amendment listed as
"j" was a separate legislative proposal and
a part of the Defense legislative program for
the second session of the 90th Congress. The
Congress was furnished a detailed report
concerning this' proposal. The amendments
listed as "e.,l 'If.," "g.," and were a
portion of it sister bill proposed by the De-
partment,-of Defense as a part of the De-
partureqis report on S. 2009. S. 2009 was
introdl#ced by Senator Ervin in the 90th
Congress and contained in substance most of
the ills proposed by him In the 89th Con-
gres . The Department of Defense report
str sed the need for the amendments listed
a s " f . , " and "h." This report was
for arded to the Congress.
GENERAL LEAVE
Ml PHILBIN. Mr. Speaker, I ask
unani ous consent that all Members de-
siring t o so may have 5 days in which
to extend eir remarks on the bill H.R.
15971 just pa ed by the House.
The SPEAK E4. Is there objection to
the request of a gentleman from
PROVIDING FOR EN IG AS A
HOUSE DOCUMENT DERAL
EDUCATIONAL POLICIES, PRO-
GRAMS, AND PROPOSALS"
Mr. DENT. Mr. Speaker, by dire ion
of the Committee on House Adminisstt a-
tion, I submit a privileged report (Rent.
and handbook entitled "Federal Educa4
tional Policies, Programs, and Propos-
als," and ask for immediate considera-1
tion of the concurrent resolution. I
The Clerk read the concurrent reso
lution, as follows:
H. CON. Has. 763
Resolved by the House of Representatives
(the Senate concurring), That there shall 4e
printed as a House document a survey and
handbook entitled "Federal Educational
Policies, Programs, and Proposals", and that
two thousand copies be printed for the use
of the Committee on Education and Labor,
House of Representatives.
The concurrent resolution was agreed
to.
A motion to reconsider was laid on the
table.
PROVIDING FOR PRINTING OF RE-
PORT ENTITLED "COMMERCIAL
BANKS AND THEIR TRUST ACTIV-
ITIES: EMERGING INFLUENCE ON
THE AMERICAN ECONOMY"
Mr. DENT. Mr. Speaker, by -direction
of the Committee on House Administra-
tion, I submit a privileged report (Itept.
No. 1962) on the concurrent resolution
(H. Con. Res. 797) providing for the
printing of the report entitled "Com-
mercial Banks and Their Trust Activi-
ties: Emerging Influence on the Ameri-
can Economy," and ask for immediate
consideration of the concurrent resolu-
tion.
The Clerk read the concurrent resolu-
tion, as follows:
H. Con. RES. 797
Resolved by the House of Representatives
(the Senate concurring), That there shall
be printed for the use of the Committee
on Banking and Currency of the House
of Representatives two thousand copies of
the two-volume subcommittee print entitled
"Commercial Banks and Their Trust Activi-
ties: Emerging Influence on the American
Economy," a staff report prepared for the
Subcommittee on Domestic Finance of the
Committee on Banking and Currency.
The concurrent resolution was agreed
to.
A motion to reconsider was laid on the
table.
LISTING OF OPERATING FEDERAL
ASSISTANCE PROGRAMS AS COM-
PILED DURING THE ROTH STUDY
Mr. DENT. Mr. Speaker, by direction
of the Committee on House Administra-
tion I submit a privileged report (Rept.
No. 1963) on the concurrent resolution
(H. Con. Res. 801) listing of operating
Federal assistance programs as compiled
during the Roth study, and ask for im-
mediate consideration of the concurrent
resolution.
The Clerk read the concurrent resolu-
tion, as follows:
H. CON. RES. 801
Resolved by the House of Representatives
(the Senate concurring), That there shall be
printed as a House document the listing of
operating Federal assistance programs as
compiled during the Roth study and which
appear in the Congressional Record of June
25, 1968, pages H5441 to H5585, inclusive, and
that five thousand four hundred and twenty
additional copies shall be printed, of which
four thousand three hundred and ninety
shall be for use by the House of Representa-
tives and one thousand and thirty shall be
for the use of the Senate.
SEC. 2. Copies of such document shall be
prorated to Members of the Senate and the
House of Representatives for a period of
sixty days, after which the unused balance
shall revert to the respective Senate and
House document rooms.
The concurrent resolution was agreed
to.
A motion to reconsider was laid on
the table.
PROVIDING FOR THE PRINTING AS
A IXOUSE DOCUMENT OF THE
BIBLIOGRAPHICAL LIST ENTITLED
"HUNGARIANS IN RUMANIA AND
TRANSYLVANIA," PREPARED BY
THE LIBRARY OF CONGRESS
Mr. DENT. Mr. Speaker, by direction
of the Committee on House Administra-
tion I submit a privileged report (Rept.
No. 1964) on the resolution (H. Res. 497)
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H9720 CONGRESSIONAL RECORD - HOUSE 'October 10, 1968
providing for the printing as a House
document of the bibliographical list en-
titled "Hungarians in Rumania and
Transylvania," prepared by the Library
of Congress, and ask for immediate con-
sideration of the resolution.
The Clerk read the resolution, as fol-
lows:
H. RES. 497
Resolved, That there shall be printed as a
House document the bibliographical list en-
titled "Hungarians in Rumania and Tran-
sylvania," prepared by the Library of Con-
gress.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
TO PRINT AS A HOUSE DOCUMENT
THE EULOGY PROCEEDINGS ON
FORMER REPRESENTATIVE HU-
BERT B. SCUDDER
Mr. DENT. Mr. Speaker, by direction
of the Committee on House Administra-
tion, I submit a privileged report (Rept.
No. 1965) on the resolution (H. Res.
1280) to print as a House document the
eulogy proceedings on former Repre-
sentative Hubert B. Scudder, and ask for
immediate consideration of the resolu-
tion.
The Clerk read the resolution, as fol-
lows :
H. RES. 1280
)Resolved, That there shall be printed as a
House document such tributes and encom-
iums as were made in the Congress on the
occasion of the passing of the Honorable
Hubert B. Scudder, former Representative
in Congress of the First District of California
and a distinguished public servant. This
document shall be published in such typo-
graphical design and case binding as direct-
ed by the Joint Committee on Printing.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
AUTHORIZING THE PRINTING OF
"COMPILATION OF THE HOUSING
AND URBAN DEVELOPMENT ACT
OF 1968"
Mr. DENT. Mr. Speaker, by direction
of the Committee on House Administra-
tion, I submit a privileged report (Rept.
No. 1966) on the resolution (H. Res. 1301)
authorizing the printing of "Compila-
tion of the Housing and Urban Develop-
ment Act of 1968," and ask for immediate
consideration of the resolution.
The Clerk read the resolution, as fol-
lows:
H. REs. 1301
Resolved, That there shall be printed twen-
ty-four hundred copies of the committee
print entitled "Compilation of the Housing
and Urban Development Act of 1968" for the
use of the Committee on Banking and Cur-
rency.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
CALL OF THE HOUSE
Mr. ASHBROOK. Mr. Speaker, I make
the point of order that a quorum is not
present.
The SPEAKER. Evidently a quorum
is not present.
Mr. ALBERT. Mr. Speaker, I move a
call of the House.
A call of the House was ordered.
The Clerk called the roll, and the
following Members failed to answer to
their names:
[Roll No. 4211
Abbitt
Green, Pa. -
Morris, N. Mex.
Adair
Gross
Morton
Ashley
Gurney
Mosher
Ashmore
Hagan
Moss
Aspinall
Haley
Murphy, N.Y.
Ayres
Halleck
Nichols
Barrett
Hammer-
O'Hara, Ill.
Belcher
schmidt
Ottinger
Bell
Hanna
Patman
Berry
Harsha
Pettis
Bevill
Harvey
Pickle
Blanton
Hathaway
Pollock
Blatnik
Hawkins
Pryor
Boggs
Hays
Railsback
Bow
Hebert
Reif el
Brooks
Heckler, Mass.
Reinecke
Brown, Calif.
Helstoski
Resnick
Broyhill, N.C.
Henderson
Riegle
Burke, Fla.
Herlong
Roberts
Burton, Utah
Hicks
Robison
Bush
Holifield
Rogers, Colo.
Button
Howard
Rosenthal
Cabell
Hull
Roudebush
Casey
Hungate
Roush
Clancy
Jacobs
Ruppe
Clark
Jones, N.C.
Ryan
Clausen,
Karsten
Sandman
Don H.
Keith
Scheuer
Conyers
King, Calif.
Schweiker
Cowger
Kirwan
Selden
Cunningham
Kleppe
Shipley
Curtis
Denney
Kluczynski
Kupferman -
Sisk
Smith, Calif.
Devine
Kyl
Smith, Okla.
Dickinson
Kyros
Stafford
Diggs
Laird
Staggers
Dow
Landrum
Steiger, Ariz.
Dwyer
Langen
Stratton
Edwards, Calif.
McCarthy
Sullivan
Edwards, La.
McClory
Thompson, N.J.
Eilberg
McFall
Thomson, Wis.
Erlenborn
Madden
Tunney
Evans, Colo.
Martin
Utt
Everett
Mathias, Calif.
Waldie
Evins, Tenn.
Mathias, Md.
Walker
Fascell
Matsunaga
Wampler
Fisher
Meeds
Watkins
Ford, Gerald R. Michel
Wiggins
Galiflanakis
Miller, Calif.
Willis
Gallagher
Minshall
Wilson, Bob
Gardner
Montgomery
Wilson,
Giaimo
Moore
Charles H.
Gray
Moorhead
Wright
The SPEAKER. On this rollcall 274
Members have answered to their names,
a quorum.
By unanimous consent, further pro-
ceedings under the call were dispensed
with.
EQUAL TIME FOR TELEVISION
DEBATE
(Mr. WOLFF asked and was given per-
mission to address the House for 1 min-
ute and to revise and extend his re-
marks.)
Mr. WOLFF. Mr. Speaker, I take this
time to read from the AP ticker the word
that Minority Leader EVERETT DrRKSEN,
"without mentioning a filibuster, says
that Senate Republicans will resist with
the means at our command" to block pas-
sage of the equal time bill that survived
historic locked-door debate in the House.
The article goes on to state "that D1RK-
sEN made it clear in an interview after
the 27 V2-hour House debate on the meas-
ure ended Wednesday, that Senate Re-
publicans have no intention of letting the
bill become law."
It seems to make very specious, the
argument which was used by our Re-
publican colleagues in the. House, that
the attempted filibuster all night was on
the congressional reform bill.
I think this is a very definite indica-
tion of the fact that Mr. Nixon is afraid
to meet with - Mr. HuMPHREY and Mr.
Wallace. It is a sad commentary for the
American people that they will be
denied their right to see all candidates
in direct confrontation and that the Re-
publicans in Congress will go to any
length to see to it that this denial will
be enforced.
CORRECTION OF THE RECORD
Mr. CELLER. Mr. Speaker, I ask unan-
imous consent to make a correction in
the RECORD of yesterday. On page H9629,
the third column, line 14, the date of
1830 appears. It should be 1820.
I ask unanimous consent that the per-
manent RECORD be corrected accordingly.
The SPEAKER. Is there objection to
the request of the gentleman from New
York?
There was no objection.
PERSONAL EXPLANATION
(Mr. DULSKI asked and was - given
permission to address the House for 1
minute.)
Mr. DULSKI. Mr. Speaker, I was ab-
sent on rollcall No. 367. Had -I been,
present I would have voted "yea."
Ad
THE PRESIDENT'S DECISION TO
SELL PHANTOM JETS TO ISRAEL
(Mr. FARBSTEIN asked and was given
permission to address the House- for i
minute and to revise and extend his
remarks.)
Mr. FARBSTEIN. Mr. Speaker, I think
that I could not allow this time to go by
without making some mention about the
fact that the President of"the United
States has finally decided to sell Israel
Phantom jets and that the Foreign Min-
ister of Israel has made an important
proposal to the United Nations. I learned
about it too late to make a statement
yesterday.
But, Mr. Speaker, I truly believe that
the President should be congratulated for
his decision in this matter.
I think the Israel Government is to be
commended for the judicious, thoughtful
and reasonable proposals for peace in the
Middle East that Foreign Minister Abba
Eban presented to the United Nations- on
Tuesday. I say again, Mr. Speaker, that
President Johnson is to be commended
for authorizing immediate negotiations
with Israel for the sale of supersonic jet
fighters to restore the balance of power in
that region. Thus, in the brief period of a
few days, we see encouraging signs that
the immobility which has characterized
relations between the nations of that
region may be over. I regard both these
moves as important steps toward peace.
Let me say further that I believe the
action of the Congress in recommending
the sale of Phantom jets to Israel carried
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October 10, 1968 CONGRESSIONAL, RECORD - HOUSE
great weight with President Johnson in
coming to his conclusion.
The Israeli proposals, as submitted to
the United Nations, are both comprehen-
sive and generous. They do not ignore
the grievance of the Arabs any more
than they are unmindful of the security
needs of Israel. Mr. Eban presented the
outline for resolution of the problem of
Jerusalem, as well as the festering di-
lemma of the Arab refugees of the suc-
cessful Middle Eastern wars. Certainly
there is much within these proposals
that the Arab States can embrace. They
were submitted in a spirit of conciliation,
with a willingness to take into account
conflicting points of view. I pray that
President Nasser and his fellow heads of
the Arab States will see that all the peo-
ple of the Middle East-both Jew and
Moslem-will benefit from an end of this
protracted mutual hostility. I entreat
these leaders to respond sympathetically
to the Israeli offer of comity.
President Johnson's decision also
brings hope for peace. I think it is fair
to say that the temptation of the Arab
States grows in proportion to the mili-
tary superiority they see themselves as
holding over Israel. The war of 1967 was
a major miscalculation on their part, but
they continue to examine their relation-
ship to Israel in these terms. Over and
again, we have heard Arab chiefs say
they will make war on Israel as soon as
they are ready-as if it is Israel's duty to
stand by and wait for its extermination.
The delivery of the Phantom jets will
dampen -Arab expectations. Soviet arms
shipments may continue, as they have at
a growing pace since the June war, but
America's delivery of the Phantom jets
will demonstrate that Arab rearmament
will be matched, item for item. Perhaps
the President's announcement will per-
suade the Arab leadership to pause and
recognize how foolish it is to maintain
the escalation of the arms race.
I thus congratulate Mr. Eban and his
assistants, as I do our own President, for
stepping forth manfully in the quest for
Peace.
DAY OF COURAGE
(Mr. CAREY asked and was given per-
mission to address the House for 1 min-
ute and to revise and extend his re-
marks.)
Mr. CAREY. Mr. Speaker, I take this
time to comment on the momentous
events of this week that took place and
to accentuate the display of courage that
occurred on October 9, a day which is
marked with courage because it, of
course, is the day on which we commem-
orate Leif Ericson, the great Norwegian
explorer.
And you will recall that the nominee,
the Vice President of the United States,
tha nominee of the Democratic Party
for the Presidency of the United States
this year, proudly claims origins in the
Norwegian people. And our courageous
candidate, HUBERT HORATIO HUMPHREY,
of course, with his great spirit is fully
prepared to do battle anywhere, on tele-
vision or on radio, if he can only find
someone to battle with him.
Mr. Speaker, I ask the House now, in
light of this display of courage by our
candidate, can it be true that the Re-
publican candidate, big, bold, brave
Richard M. Nixon, who says he is un-
afraid to face the Russian bear, may be
afraid to face the NBC peacock?
CORRECTION OF THE RECORD
Mr. UDALL. Mr. Speaker, I ask unani-
mous consent to correct the RECORD for
yesterday on page H9670, where I was
quoted as saying that an Indian tribe
had 100,000 people. It should read 12,000
people.
The SPEAKER. Is there objection to
the request of the gentleman from
Arizona?
There was no objection.
(Mr. FEIGHAN asked and was given
permission to address the House for 1
minute and to revise and extend his
remarks.)
[Mr. FEIGHAN addressed the House.
His remarks will appear hereafter in the
Extensions of Remarks.]
A JOB WELL DONE
(Mr. CONTE asked and was given
permission to address the House for 1
minute, and to revise and extend his re-
marks.)
Mr. CONTE. Mr. Speaker, now that
the smoke has cleared, and everyone has
rested after our record-breaking 32-hour
session, I want to take this opportunity
to commend our House reading clerks,
Joseph Bartlett and Charles Hackney,
and John Jenkins, acting tally clerk,
John J. Moorconis, temporary assistant
tally clerk, the guardians of the rollcall,
who worked through the 48 such rollcalls,
innumerable parliamentary inquiries,
and the business transacted during our
marathon session. We should all com-
mend them.for services far and above
and well beyond the call of duty-or
should I say the call of the roll?
I personally thank the House reading
clerks and the Official Reporters of De-
bates for a job well done.
Mr. PUCINSKI. Mr. Speaker, will the
gentleman yield?
Mr. CONTE. I yield to the gentleman
from Illinois.
Mr. PUCINSKI. Mr. Speaker, I thank
the gentleman from Massachusetts for
yielding, and I certainly want to associate
myself with his remarks, but I believe
the whole House would also join me in
paying tribute to the Speaker, Mr. Mc-
CORMACK. No man has ever conducted
himself with greater dignity and de-
corum and preserved the principles of
fair play and parliamentary integrity in
this House better, and with greater dig-
nity than Speaker MCCORMACK himself,
and he stayed with us throughout the
whole period. While younger men had
to seek rest, the Speaker personally di-
rected order in the House throughout
the 32 hours. This is not only a tribute
to his integrity but his stamina as well.
It is indeed living proof of his great
courage and great dedication. In the en-
tire history of the Congress, I am sure
that no Speaker has ever been put to a
more severe and exhausting test than
H 9721
Speaker MCCORMACK and no Speaker has
equaled Mr. MCCORMACK's dignity under
such trying conditions. I am sure I speak
for all Members in pointing out his
achievement is historic and unprecedent-
ed. As far as I am concerned, Mr. McCoR-
MACK can remain Speaker of this House
just as long as he personally desires.
Mr. CONTE. I certainly want to join
with the gentleman from Illinois in those
remarks. They are well deserved. The
Speaker showed fantastic stamina, great
courage, and outstanding leadership and
it is a great tribute to him.
Mr. ASHBROOK. Mr. Speaker, will
the gentleman yield?
Mr. CONTE. I yield to the gentleman
from Ohio.
Mr. ASHBROOK. Mr. Speaker, I would
like to commend the reading clerks also,
because they spelled my name correctly
in the 39 rollcalls that I missed.
CORRECTION OF ROLLCALLS
Mr. BROCK. Mr. Speaker, on rollcall
No. 406 and rollcall No. 411, on October
8, I am recorded as absent. I was present
and answered to my name. I ask unani-
mous consent that the permanent RECORD
and Journal be corrected accordingly.
The SPEAKER. Without objection, it
is so ordered.
There was no objection.
(Mr. WIDNALL asked and was given
permission to address the House for 1
minute and to revise and extend his re-
marks and include extraneous matter.)
[Mr. WIDNALL addressed the House.
His remarks will appear hereafter in the
Extensions of Remarks.]
OEO FINANCES YIPPIE LEADER
(Mr. WATSON asked' and was given
permission to address the House for 1
minute and to revise and extend his re-
marks and include extraneous matter.)
Mr. WATSON. Mr. Speaker, after so
many scandals in the administration's
poverty program, it would appear that
one would just become numb with dis-
belief. But, a story which appeared in
the Washington Post this morning
should shock even the most ardent OEO
supporter.
According to an Associated Press ar-
ticle originating in New York, a spokes-
man for the Human Resources Adminis-
tration, an OEO-financed program, ad-
mitted that Yippie leader Abbie Hoffman
has been on the payroll as a $40.-a-day
consultant. He went on the payroll July
15 and received money for a total of 17
so-called working days -before being
dropped from the program September 30.
In fact, he remained on the payroll
right up to the day he was to appear be-
fore the House Committee on Un-
American Activities. Had the committee
not subpenaed Hoffman, he would no
doubt still be receiving antipoverty funds.
Numerous instances have been shown
where the taxpayers' money was squan-
dered on ill-conceived poverty projects
that benefited professional rioters and
criminals, but in allowing Abbie Hoffman
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CONGRESSIONAL RECORD -- HOUSE October 10, 1968
to get on the payroll, the OEO has sunk
to a new low.
Hoffman played a prominent role in
the violence which occurred in Chicago
during the Democratic National Conven-
tion. As a leader of the Youth Interna-
tional Party, or Yippies, Hoffman is a
self-professed revolutionary with an ap-
palling record of un-American activity.
Just recently Hoffman and his fellow-
conspirators appeared before the House
Committee on Un-American Activities in
connection with the Chicago demon-
strations.
As the hearings have already pointed
out, Hoffman and the other notorious
student leaders of the "New Left" plan
the overthrow of the Government by any
means.
It is. just incredible that despite un-
told occasions of fraud and corruption
in the so-called poverty program, OEO
bureaucrats continue to pour tax dollars
into programs which finance revolution.
This is the first time in history that
the financial resources of a nation are
directly allotted to those who are ac-
tively engaged in its overthorw.
The war on poverty is nothing more
than a war on the hard-working Amer-
Jean taxpayer. If OEO can give $40 a day
to the likes of Abbie Hoffman today, then
it is conceivable that it would give $4
million a day to someone like Fidel
Castro tomorrow. After all, there is not
10 cents worth of difference in the politi-
cal philosopy of Hoffman and Castro.
CONFERENCE REPORT ON H.R.
17735, GUN CONTROL ACT OF
1968
Mr. CELLER. Mr. Speaker, I call up
the conference report on the bill (H.R.
17735) to amend title 18, United States
Code, to provide for better control of the
interstate traffic in firearms, and ask
unanimous consent that the statement
of the Managers on the part of the
House be read in lieu of the report.
The Clerk read the title of the bill.
The SPEAKER. Is there objection
to the request of the gentleman from
New York?
There was no objection.
The Clerk read the statement.
(For conference report and statement,
see proceedings of the House of October
9 (legislative day, October 8) 1968.)
The- SPEAKER. The gentleman from
New York [Mr. CELLEa] is recognized for
1 hour.
Mr. CELLER. Mr. Speaker, I yield 30
.,,,,,,,+- h the oentlema.n from Ohio [Mr.
The conference report contains a pre- tol ammunition: Rifle and shotgun am-
ponderance of the provisions of the bill munition and .22-caliber-rimfire ammu-
as it passed the House. Let me illustrate: nition-useful in many handguns-was
First. Restrictions on firearms and am- specifically omitted from the bill. This
munition transactions involving certain was a central point of disagreement be-
persons: The conference report adopts tween the House and. the Senate con-
the House version prohibiting narcotic
addicts, drug users and mental defectives
from shipping, transporting or receiving
firearms or ammunition. The Senate ver-
sion did not contain such a provision.
Second. Imports: The conference re-
port also adopts the provision contained
in the House bill barring the importation
of all military surplus firearms. The Sen-
ate amendment did not contain such a
provision.
Third. Veterans not barred from re-
ceiving, possessing, ox transporting fire-
arms unless dishonorably discharged:
The conference report adopts a provision
contained in the House bill, but not in
the Senate version, which lifts a ban un-
der existing law on certain veterans from
receiving, possessing, or transporting
firearms. The egnference substitute
adopts the House bill.
Fourth. Purchase\ of replacement rifle
or shotgun: The co Terence report sub-
stitute also carries orward a provision
in the House bill, vlbich was not con-
tained in the Senate Version which per-
hunting or participating in a
rifle or shotgun match.
ferees. The conference report contains
the ammunition provisions of the Senate
amendment. Those provisions include all
ammunition and components ofammuni-
tion for all firearms.
Third. Licensed collectors: Both the
House bill and the Senate amendment
contained provisions establishing a cate-
gory of "licensed collector," and provided
for the licensing of firearms collectors
by the Secretary of the Treasury, and
conferred upon such licensed collectors
certain benefits and exemptions under
the act. The Senate version better de-
fined the rights and privileges of collec-
tors, their qualifications to be licensed,
and the authority of the Secretary of the
Treasury in relation to them. The con-
ference substitute adopts the Senate pro-
visions. In my opinion, these provisions
suitably effectuate the intent of this
House with respect to firearms collectors.
Fourth. Use of firearms in commission
of crimes: Both the House bill and the
Senate amendment impoped additional
penalties for the use of firearms in the
commission of Federal crimes. The House
bill provided for a sentence of from 1 to
10 years for a first offense, and a sentence
of from 5 to 25 years for a second or sub-
sequent offense.
The House bill further provided that
such sentence could not be suspended,
that probation could not be granted, and
regard.. that such sentence could not be imposed
The conference report contains'' sev- to run concurrently with any sentence
eral other significant provisions wiich imposed for the commission of the base
were either contained in the House bill felony. The Senate amendment provided
or in the Senate bill, or in both, but for the imposition of a sentence of an
which were amended as a result of the, indeterminate number of years up to life,
give and take and compromise of a free and further provided that in the case of
and open conference. Among these are ~a second or subsequent conviction the
the following: court could not suspend the sentence or
First. Exemption for shipments of fire- grant probation.
arms and ammunition for the promotion Under the conference report, a first
of civilian marksmanship program. offender, if convicted of using a firearm
Under the House bill, shipments of fo commit, or carrying a firearm unlaw-
firearms and ammunition which the Sec- fully during the commission of, a Fed-
retary of the Army is authorized to make .'eral felony would be subject to' impris-
to certain persons, institutions, and or-,
ganizations under the civilian marksfi'
manship program were exempt. The
transportation of such firearms and ,afn-
munition by the recipients was also made
exempt while the recipients were en-
gaged in military training or in compe-
titions. No comparable provision was
contained in the Senate amendment.
onment for not less than 1 year nor more
than 10 years. A second or subsequent
offender, upon conviction, would be sub-
ject to imprisonment for not less than 5
nor more than 25 years and no probation
or suspended sentence could be granted.
The conference substitute does not bar
concurrent sentencing nor does it pre-
clude the grant of probation or sus-
pended sentence by the court in the case
as I may take. House bill but makes clear that the in- of the first offender.
Mr. Speaker, the conference report on tent of the provision is to exempt only Fifth. National Firearms Act amend-
H.R. 17735 represents many long hours the shipment of firearms or ammunition ments: The Senate version contained
of painstaking work on the part of staff by the Secretary of the Army when sold amendments not in the House bill revis-
and Members of both bodies. Seven House or issued by him under the civilian ing the Internal Revenue Code of 1954
Members and 13 Senators served as con- marksmanship program, to exempt the as it relates to machineguns, destructive
ferees. receipt of such firearms or ammunition devices, and certain other firearms. One
I believe that the conference report and to exempt its transportation when of the principal purposes of this provi-
contains a fair, reasonable, and effective made to enable a person to engage in sion was to bring within the scope of the
compromise of the views of the two military training or in competitions. National Firearms Act-heretofore cover-
Houses on what was one of the most con- Second. Ammunition: Under the House ing gangster-type weapons, such as ma-
troversial and most intricate pieces of bill the coverage of ammunition trans- chineguns, sawed-off shotguns, and de-
legislation that I personally have en- actions was limited to ammunition for ceptive weapons, such as flashlight guns,
countered in my servicein the Congress. destructive devices and revolver and pis- fountain pen guns, et cetera-destructive
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