CORRECTION OF CERTAIN ERRORS IN THE TARIFF SCHEDULES OF THE UNITED STATES

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CIA-RDP75-00001R000400230025-2
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March 16, 1999
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September 30, 1964
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1964 5=0OI R000400:0@W5-2 Sanitize4o*W9W *X-PrR9,e e_: P Estimated distribution of legislative authorizations National Defense Education Act of 1958, title V, pt. A, sec. 501, as proposed to be amended'by Senate-House conference, Sept. 24, 1964 GUIDANCE COUNSELLING AND TESTING State Fiscal year Fiscal you Fiscal year Fiscal year State Fiscal year Fiscal year ' Fiscal year Fiscal year 1965 1968 1967 1968 1965 1968 1967 1968 United States and out- i Nevada________________________ N 6~pp 000 60, 000 52,527 52,527 ly ng parts-------------- $24,000,000 $24,500,000 $30, 000, 000 $30, 000, 000 ew Hampshire- --__---------- New Jerse !6, 376 140 087 77,977 7 95,561 95,661 60 States and District of y- ------------------- Now Mexico------------------- , 148,705 64, 793 151,822 937,253 186,068 037,253 186,058 Columbia-------------- 23, 616, 000 24,108,000 2D,520,000 29, 620,000 Now York_ _ ___________--__-_-_ North C li - 1, 079, 895 649 445 2, 021, 201 2,476,082 2,476,982 Alabama_______________________ 465,334 475,091 682,223 582,223 aro na---------------- North Dakota _-____--_----_-- , 88,515 663,061 90 371 812,581 110 749 812, 581 110 749 Alaska__...--.?_______________ 50,000 60,000 50,000 50,000 Ohio --------- .?_..?... 1,292,314 , 1,319,410 , 1,616,936 , 1,616,936 Arizona------------------------ 204,342 208,627 265,672 1255,672 Oklahoma ---- --- 306,514 312,940 383,508 383,508 Arkansas----------------------- _ 294,301 249 423 306,607 306,607 Oregon________________ ------- 233,679 233,678 292,377 292,377 Californie__________ 2, 090 971 2,134, 810 2, 616, 209 2, 618, 209 Pennsylvania--___--- _ --_____ 1, 372, 736 1, 401, 518 1, 717, 559 1, 717, 559 Colorado -----------------,______ 247,335 252,521 309,464 309,464 Rhode Island_-..__ _____---__ 101,665 103,797 127,203 127,203 Connecticut________ 315,112 321, 719 394,267 394,267 South Carolina___ ---_---_---- 361,140 368, 712 451,866 451, 856 Delaware----------------------- 69,684 60,930 74,676 74,676 SouthDakota___ ________----__ 98,631 100,609 123,406 123,406 Florida------------------------. 650,456 664,004 813,847 813,847 Tennessee-____ --------------- 481,014 491.009 601,842 601,842 (Jcorgia------------------------- 559,910 571,668 700,667 700,567 Texas________ --------------_ 1,355, 033 1,383,444 1,695,409 1,605,409 [3awaii------------------------- 93,067 95,018 116,445 116,445 Utah_______ ---------_-_ 142,129 145,100 177,881 , 177 831 Idaho--------------------------- 99,136 101,215 124,039 124,039 Vermont __ _____-_.-__-_-----_. 60,074 51,124 62 662 62,652 Illinois_________________________ I di 1,217,062 4 0 1,243,498 4 1,623,907 1,523,907 3 Virginia- _____.._------------ hl W 662,837 664,428 6991,707 691,707 n ana________________________ 4 005, 618,13 757,523 757,52 as n on________. 387,441 395,565 484,764 484,764 Lows--------------------------- 355,576 363,031 444,806 444,895 West ginia----------_-__---- 246,324 251,468 308,199 308,199 Kansas ------------------------- 280,212 286,087 350,600 350, 600 Wis sin--?---?---???..__ 522,995 533, 961 654,369 664,369 Kentucky---------------------- L i i 412 731 7 421,385 516,407 610,407 Wy ing___________. 60,000 60,000 56,957 68,967 ou s ana______________________ Main _ 4 6,968 124 426 486,968 127 036 596,779 155 681 596,779 681 155 D rictofColumbia--------.._ 78,399 80,042 98,092 98,092 ______________ ___________ Maryland , 418 801 , 427 682 , 001 624 , 001 524 / Outl ing parts 384 000 392 0 0 480 000 480 0 ---------------------- Massachusetts , 610 498 , 623 298 , 763 852 , 852 763 y ----------- , , 0 , , 00 __________________ 143cbigan_______________________ , 1,074,815 , 1,098,840 , 1,344,177 , 1,344,177 American Samoa.. 20,000 20,000 20,000 20,000 Minnesota --------------------- 459,265 468,804 574,629 574,629 Canal Zone -------- _____________ 20000 20,000 20,000 20,000 lliss iipl 330,286 518 44 837,211 413,252 48 73 413, g52 7 4 P e t - ------- ---- - , our _ , 3 629,313 6 ,6 6 8, 3 u r o Rico - -___------ - ----____ 304,000 312 000 400,000 400,000 9fontana___ v b k 95,0D0 181 58 97,084 8 118,976 27 4 7 Virgin Islands ------------------ 20,000 20,000 20, 000 20,000 ras e a----------------------- 2 , 1 5,389 2 ,19 ,170 NOTE.-Distribution of all amounts estimated on the basis of school-a;6 (5 to 17) population as of July 1, 1902, for the 50 State ,'District of Columbia, and Puerto Rico, and as of Apr. 1, 1960, for the other outlying parts. "THE ELECTION: WHAT'S GOOD FOR HOUSING?" Mr. DOUGLAS. Mr. President, I ask unanimous consent that there be printed in the RECORD an editorial published in the October Issue of House & Home, which subscribers are receiving today. House architects, lenders, and so forth Ao make up the giant housing industry it is by all odds the most important bli- cation in its field. Until Augu this year, it was published by Time, I .: it is now published by another giant he Mc- Graw-Hill Publishing Co. Thi editorial, by Editor Richard O'Neill, s a land- mark, for the magazine has never before openly supported a candidate for Presi- I believe that this a torial is both forthright and an outs nding service to the homebuilding in stry; and I am glad this magazine i endorsing Lyndon Johnson for electio to the Presidency. There being no jection, the editorial was ordered to be ranted in the RECORD, as follows: THE ELECTION: HAT'S GOOD FOR HousING? (By chard W. O'Neill) In Its prop als to both Republican and Democratic latform committees, NAHB urged that the Government-industry part- nership sh Id try to achieve a decent home for all ericans. "industry & Home agrees. "Govern ent-industry partnership," always basic to ousing, takes on added importance this ye . Like it or not, the Federal Government is inext cably and inevitably involved in hous- ing. oth parties have good records in hous- ing egislation. And in both there are many m and factions who understand both the need for housing and the ability of our in- dustry to provide it. Except' in the war years, housing has pros=pered nder every administration since 1984. In tl past 81/2 years 5.3 million new housing uni have been built, and we are now build- In at an annual rate of almost 1.8 million good business, the housing industry tryfist now look hard at the choice to be made ext month. President Johnson's recor and philosophy-is written into the 1964 using Act for all to see. His opponent is far less Lacking any assurances from Sen r GOLD- WATER, we can only judge him on/his voting Since 1954 GOLDWATER has ted against every congressional measure t t would have created more housing and fo every measure that would have curtaile housing. We cannot judge his understa ing of housing's problems and responsibilit s, since he has so rarely discussed them -e her on the Senate floor or in public speec es. But if the Re- publican platform I. a criterion, his under- standing is sketchy nd confused. Items: The platform bla es the Democrats for urban renewal pro ams that "created new slums by forcing t e poor from their homes to make room for ++++ luxury apartments." The ,, fact Is urban re has not created new slums. What's 1ore, both major parties have supported renewal ever since its inception in the 1949 Dousing Act-and as recently as last month 19 the 1964 Housing Act. The platf istration q~ capital to cent of vate c Ital bea ` In lag in rm accuses the Johnson admin- failing to attract more private would play in housing-what laws he would enact and what laws he would repeal. True, the o ce of the Presidency might change GOL ATER's attitude toward housing as it hag/changed the attitudes of other Chief Executives. in urban growth-and hence housing-that lie just ahead? The United States is under- going a process of urbanization that will, in a few years, have 8 out of 10 Americans living in and around our cities. Bgtore 1999 we The forces behind intensifie migrating populations, ind~ t f g d local control. The ede d e should take a more al rc providing monetary ._ t d e Nor regional economic char cat private industry nest a to ha: n/it and beyond lots m h a problems created f h the face of these of Federal with be bad news fo housing. 1 n h The recor of both can h b e n GOLDWATER J uld curtail Fed in housin There is no tood nderstood by every Johnson ands, His appr problems is one and urb problems is one readily y sional ? ' notr ton. res rces, of local authoritie us / o create new concepts v a eral involvement question where oach to housing that should be pital and the leaders of local communities. further morning business? If not, morn- ing business is closed. Is closed, CORRECTION OF CERTAIN ERRORS IN THE TARIFF SCHEDULES OF THE UNITED STATES Mr. MANSFIELD. Mr. President, I ask unanimous consent that the unfin- ished business be laid before the Senate. Sanitized - Approved For Release : -CIA-RDP75-00001 R000400230025-2 p@6 AJ% X 0001 R0004% pg --230 Sanitized - A 12 iQK sR .ep The PRESIDING OFFICER. With- out objection, the Chair lays before the Senate the unfinished business, which is H.R. 12253. The Senate resumed the consideration of the bill (H.R. 12253) to correct cer- tain errors in the tariff schedules of the United States. The PRESIDING OFFICER. The bill is open to further amendment. Mr. MANSFIELD. Mr. President, I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The legislative clerk proceeded to call the roll. Mr. LONG of Louisiana. Mr. Presi- dent, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. With- out objection, it is so ordered. FRANK B. ROWLETT Mr. LONG of Louisiana. Mr. Presi- dent, I ask unanimous consent that the pending business be temporarily laid aside, and that the Senate proceed to consider Calendar No. 1494, H.R. 7348. The PRESIDING OFFICER. With- out objection, it is so ordered; and the bill will be stated by title for the infor- mation of the Senate. The LEGISLATIVE CLERK. A bill (H.R. 7348) for the relief of Frank B. Rowlett. Mr. LONG of Louisiana. Mr. Presi- dent, I call up my amendment at the desk and ask to have it stated. The PRESIDING OFFICER. The amendment will be stated. The LEGISLATIVE CLERK. On page 1, it is proposed to strike out line 6 and insert the following: "which sum shall be considered a payment in considera- tion of a transfer by Frank B. Rowlett of property consisting of all substantial rights to a patent within the meaning of section 1235 of the Internal Revenue Code of 1954, in full settlement." Mr. LONG of Louisiana. Mr. Presi- dent, this amendment is offered to meet Treasury Department objection to the bill. It is my opinion that the bill is meritorious and should be passed. How- ever, the Treasury Department objects to the tax principle involved in one pro- vision, and it may be compelled to ad- vocate a veto of the bill because of this tax principle involved, although the bill in other respects is meritorious. I move adoption of the amendment, in order to meet the Treasury Department's objection, and I trust that the bill will be enacted into law. Mr. DIRKSEN. Mr. President, this is a bill which provides for an award to Mr. Frank B. Rowlett of $100,000 for the contributions he has made in the field of erypto-analysis and cryptography. He was associated with a Mr. William F. Friedman in this work, which goes back many years. About 8 years ago Mr. Friedman was awarded a like sum. The Defense Department felt that Mr. Row- lett was fully entitled to this amount for the contributions he has made and the inventions which he has sponsored in the field of cryptography. Mr. Rowlett is still in Government service with a rating of GS-18. This question was considered at length techniques, and devices which established by the Judiciary Committee of the Sen- the practicality of applying computerlike de- ate, but one objection was raised with vices to the general field of cryptography. During this same period he also conceived respect to the tax feature. the basic principles underlying the inven- I join in the amendment of the dis- tions cited in the proposed bill, and jointly tinguished Senator from Louisiana to with Mr. William F. Friedman invented make this amount subject to a capital methods for the practical application of gains tax; although, I must say that it these principles. In 1935 he was listed in runs a little against the grain. If the official memorandums as principal assistant man has done outstanding work and the to Mr. Friedman, chief cryptanalyst for the Government itself wants to reward him Office of the Chief Signal Officer since 1921. The and give him an award for work well to assistant t cryptanalyst, following year, 1936, he was promoted to astP-2. Just t prior to done, let us give it to him, and not try World War II he was responsible for the spe to let the heavy hand of the Treasury trot direction and coordination of U.S. Army reach out and pull away $25,000 of the activities which culminated in the success- $100,000. That sounds too much like ful breaking of a Japanese cipher machine of Indian giving to me. I would rather major importance. When he was furloughed have it across the board. When Gov- for military duty on February 16, 1942, Mr. e1?nnlellt does that, one must assume Rowlett had advanced to the position of sen- sor cryptanalyst, P-5. Commissioned as a that somehow the heart is not quite in second lieutenant in the Signal Corps, U.S. it. As recited in "The Vision of Sir Army, he was assigned the MOS of crypt- Launfal": analytic officer. During his military service, For the gift without the giver is bare. I believe that in this case the Govern- ment, as the giver, is just a little bare when it comes to fully expressing its ap- preciation. But if this measure is in danger of a veto, or if it is in danger of opposition by the Treasury-I learned long ago that three-fourths of a loaf is much better than no bread at all-I shall concur in it under circumstances in which I have no other choice to pursue. Mr. LONG of Louisiana. Mr. Presi- dent, the Senator was much more gen- erous in compromising last night. CIA, he served as a senior staff officer in He had the votes to defeat the amend-grades GS--16 and OS-17 and was awarded ment last night. I believe he is making the Distinguished' Intelligence Medal. On a very fine compromise. He feels that July 12, 1958, he returned to the National without the amendment, the bill would Security Agency as Special Assistant to the be vetoed, and there would be no bill. Director, GS-18, a position he still holds. I believe he is making an exceedingly He has continued to make significant con- tributions to the M i n f s e ce h good compromise. I believe it would be a fine thing to pass the bill in this form, in view of the fact that the Treasury is very much concerned about the princi- ples involved because of the tax features. Mr. DIRKSEN. Mr. President, I ask unanimous consent that the statement of the committee, beginning on the first page of the report, be printed at this point in the RECORD in its entirety. It is in some detail. There being no objection, the state- ment was ordered to be printed in the RECORD, as follows: STATEMENT The facts surrounding this legislation are set forth in House Report 1689 on H.R. 7348, as follows: "In its report to the committee on the bill, the Department of Defense stated that is had examined the merits of the case and strongly recommended that Mr. Rowlett be granted relief. The Department further stated that Mr. Rowlett has had a long and distinguished career in the field of cryptol- ogy. According to its records, he conceived fundamental principles which adsured the high security capability of major cryptogra- phic systems and equipment used so success- fully by the United States during World War II. These are still in use and held in a clas- sified status, and have significant commercial potential value which is probably greatly in excess of the payment proposed by the bill. "Mr. Rowlett began his Government serv- ice on April 1, 1930, as a junior cryptanalyst, P-1, in the Office of the Chief Signal Officer, Signal Corps, U.S. Army. Between 1930 and 1935 Mr. Rowlett, still a junior cryptanalyst, pioneered in the development of concepts, he was awarded the Legion of Merit (United States) and the Order of the British Empire (British). He was separated from the serv- ice as a colonel. On May 2, 1946, Mr. Rowlett returned to his civilian employment with the Office of the Chief Signal Officer as a research analyst (oryptanalytic), P-8. He continued to serve with this agency until September 30, 1949, when he transferred to the newly created Armed Forces Security Agency (the predecessor of the National Security Agency) and assumed a key position, Technical Di- rector, Operations. On February 15, 1952, he resigned his position with NSA and accepted an appointment with the Central Intelli- cryp ograp y, and in April 1960 received the National Se- curity Agency Exceptional Civilian Service Award. "Patent applications for the two inven- tions cited in the proposed bill were filed by the Army in 1936 (serial No. 70,412) and 1942 (serial No. 443,320), respectively. Mr. Friedman and Mr. Rowlett, then principal assistant to Mr. Friedman, were listed as co- inventors in both applications. It is these two inventions that have resulted in the high degree of security capability for U.S. communications beginning before World War II and continuing to the present. A memorandum written to the Signal Corps Patent Office by Mr. Friedman and Mr. Row- lett on August 31, 1935, credits Mr. Rowlett with contributing the fundamental prin- ciple and three of the five subsidiary prin- ciples and Mr. Friedman with contributing two of the five subsidiary principles. With respect to the first invention, it appears that Mr. Rowlett's contribution was the greater. A Navy document entitled 'The Contribu- tion of the Signal Corps,' dated November 2, 1943, and prepared by Capt. L. S. Stafford, U.S. Navy, states in part: "'Rowlett is entitled to full credit for his discovery of the principle ? ? and Fried- man and Rowlett jointly are entitled to full credit for their joint invention of methods of applying and reducing his principle to practical form.' (NoTE.-Classified portions deleted.) "The respective contributions of the two men to the second invention are not official- ly recorded. Since Mr. Rowlett and Mr. Friedman were joint inventors in both in- ventions, however, they have equal rights in these inventions and their losses due to the imposition of secrecy by the Government would be the same. Sanitized - Approved For Release : CIA-RDP75-00001 R000400230025-2 1964 San itiz&VD4W$AFLoR e-sC. P75-00001 R000400 25-2 "In the early 1950's several private bills opposes, however, the provision in H.R. 7348 The Bureau of the Budget advised there were introduced in behalf of Mr. Friedman, which would exempt the award to Mr. Row- would be no objection to the submission of each proposing an award to compensate him lett from taxation for the reasons expressed this report from the standpoint of the admin- for his loss of commercial rights to crypto- in the enclosed copy of a letter of February istration's program. logic Inventions covered by applications for 17, 1964, from the Assistant Secretary of the Sincerely, patents held in secrecy by the Government. Treasury to the Director of the Bureau of ROBERT E. GILES. In 1956 one of these bills was enacted and the Budget.' became Private Law 625, 84th Congress. Al- "The Treasury Department in a letter GENERAL COUNSEL though two of the inventions for which Mr. which accompanied the Defense Department OF THE DEPARTMENT OF DEFENSE, Friedman received his award are the same report took the view that this payment is Washington, D.C., March 19, 1964. inventions upon which the present bill is compensatory in nature' and that this fact Hon. EMANUEL CELLER, founded, Mr. Rowlett did not become a party supports subjecting it to taxation. The com- Chairman, Committee on the Judiciary, of any of the private bills which sought to mittee has considered the arguments ad- House of Representatives, Washington, D.C. compensate Mr. Friedman.. In the memo- vanced by the Treasury Department, but is of DEAR M. CHAIRMAN: You have requested randum he prepared on September 20, 1962, the opinion that the tax exemption feature the views of the Department of Defense on when he formally sought the Department's should be retained in the bill. The payment H.R. 7348, 88th Congress, a bill for the relief permission to seek legislative relief, Mr. Row- in this instance could be said to be based of Frank B. Rowlett, who is presently em- lett explained in paragraph 3: upon the years of service and outstanding ployed by the National Security Agency. "'I was asked by Mr. Friedman sometime contributions of Mr. Rowlett, as well as upon The specific purpose of the bill is to author- prior to 1952 to join him in presenting his a moral obligation on the part of the United ize a lump-sum payment to Mr. Rowlett as -case to Congress. I declined, pointing out to States to pay equitable compensation for in- equitable compensation for his loss of oppor- liim that I thought the Government should ventions subject to security restrictions. In tunity to realize benefit from his commercial take the initiative in recognizing our con- this sense, it can be stated that the award is rights to cryptologic inventions which the tributions if they were worthy of monetary for meritorious service. in this connection, Government uses and holds in classified sward. While I still feel the Government the committee feels that it is relevant to status. should take the initiative, enough time has note that the income tax law itself contains The Department has examined the merits elapsed since Friedman received his award an exemption for amounts received as prizes of the case and strongly recommends that to cause me to conclude it Is most unlike- and awards made primarily in recognition of Mr. Rowlett be granted relief. Mr, Rowlett ly that my contributions will be recognized scientific achievement (26 U.S.C. 74(b) ). has had a long and distinguished career in unless I take positive steps to bring their The exemption of section 74(b) is made the field of cryptology. According to our merits to the attention of the Congress.' subject to the conditions that the recipient records, he conceived fundamental principles "The records of 'the Department of De- was selected without any action on his part which assured the high security capability of Sense disclose that, in his appeal for relief, to enter a contest or proceeding and is not major cryptographic systems and equipment Mr. Friedman stressed the importance of the required to render future services as a con- used so successfully by the United States 7wa inventions of which he was coinventor dition to receiving a reward, Also, it should during World War II. These are still in use with Mr. Rowlett over the five additional in- be noted that Private Law 87-578 providing and held in a classified status, and have sig- sentions to which he held sole patent rights, for an award to the estate of an inventor was nificant commercial potential value which is and that he associated his loss mainly to his amended on August 15, 1963, to extend tax probably greatly in excess of the payment _nability to exploit these two inventions. Of exemption to the award authorized by the proposed by the bill. she seven inventions he stressed the im- private law. In view of this precedent and Mr. Rowlett began his Government service Jortance of the 1986 invention (patent ap- in view of the particular circumstances of on April 1, 1930, as a junior cryptanalyst, :)lication serial No. 70,412) above all oth- this case, it is recommended that the tax P-1, In the Office of the Chief Signal Officer, -rs and placed the 1942 invention (patent exemption be retained and that the bill be Signal Corps, U.S. Army. Between 1930 and application serial No. 443,320) next in impor- considered favorably, - 1935 Mr. Rowlett, still a junior cryptanalyst, -ance. He then developed detailed evidence "The committee is advised that an attorney pioneered in the development of concepts, which convinced the Department and the has rendered services in connection with techniques, and devices which established Jongress that, if he had been able to exploit this matter. The bill, therefore, carries the the practicality of applying computerlike -hese two inventions domestically and usual 10-percent limitation upon attorney's devices to the general field of cryptography. .mong allied foreign governments, he would fees." During this same period he also conceived nave obtained amounts of money far in ex- The committee has received a supplemen- the basic principles underlying the inven- ess of the sum of money he sought from tal report from the Treasury Department, tions cited in the proposed bill, and jointly longress. which is hereto attached. After considera- with Mr. William F. Friedman Invented "In its report to the committee on the bill, tion of the report the committee believes that methods for the practical application of lie Department of Defense stated that the circumstances warrant the same treatment these principles. In 1935 he was listed in iepartment's views today are properly re- as was given in Private Law 87-578, as Official memorandums as principal assistant _ected by the following extract from a letter amended by Private Law 88-32, in regard to to Mr. Friedman, chief cryptanalyst for the _ated July 6, 1953, which the Honorable the tax exemption. Office of the Chief Signal *obert T. Stevens, Secretary of the Army, Officer since The following d 1921. to ant to the Honorable Chauncey W. Reed, After a review of the foregoing, the com- year, 1936, he was promoted to hen chairman of the House Committee on mittee concurs in the action of the House of World assistant War II he rryptanaly was res res Just prior to lie Judiciary, with respect to H.R. 1152, 83d Representatives and recommends that the ponsible for the ongress, a bill for the relief of William F. bill, H.R. 7348, be considered favorably, specific direction and coordination of U.S. ~iedman: Attached hereto and made a part hereof cessful Army breaking activities of a culminated in the ma- are re of a Japanese cipher "'When the fruit of an inventor's labor ports submitted by the Department of chine hine of major importance. When he w he was as been of substantial benefit to his govern- Commerce, the Department of Defense, and furloughed for military duty on February 16, ^ent and his right to seek reward for his the Treasury Department on H.R. 7348. 1942, Mr. Rowlett had advanced to the osi- lforts is impaired for so great a period of GENERAL COUNSEL, tion of senior cryptanalyst, P-5. Comnils- -me for security reasons, it is equitable that OF THE DEPARTMENT OF COMMERCE, sioned as a second lieutenant in the Signal e be compensated for his loss. This view is Hon. Washington, EMANUEL D.C. September 17, 1963. Corps, U.S. Army, he was assigned the MOS a accord with the policy of the Department of crytanalytic officer. During his military encouraging technological advancement. Chairman, Committee on the Judiciary, Service he was awarded the Legion of Merit o deny an inventor the right to seek gain House of Representatives, Washington, (United States) and the Order of the British -om his inventions merely because they are D.C. Empire (British). He was separated from _tai to our national defense and the security DEAR MR. CHAIRMAN: This letter is in reply the service as a colonel. On May 2, 1946, Mr. the Government, while permitting such to your request for the views of the Depart- Rowlett returned to his civilian employment irsuit by inventors in other fields where ment of Commerce with respect to H.R. 7348, with the Office of the Chief Signal Officer as a -curity interests are not paramount, would a bill for the relief of Frank B. Rowlett. research analyst (c a discriminatory and would discourage ad- You are advised that while the language continued to with this agency He serve thency until ancement in matters vital to our national of H.R. 7348 undertakes to identify certain in September 30, 1949, when he n age transferred to fense.' patent applications involved and although the newly created Armed Forces Security "In recommending favorable consideration the administration of the patent law relat- Agency (the predecessor of the National the bill while opposing the tax exemption ing to issuance of patents is a responsibility Security Agency) and assumed a key posi- -ovision, the Department of Defense stated: of the Department of Commerce, the merits tion, Technical Director, Operations. On " `The Department of Defense considers of the issue presented by the bill-whether a February 15, 1952, he resigned his position at, in view of the available evidence, Mr. payment, as compensation for services ren- with NSA and accepted an appointment with :)wlett is equitably entitled to compensation dered to the Government, in the proposed the Central Intelligence Agency. During his lual to that of Mr. Friedman. Accordingly, amount or otherwise, is appropriate-is a employment with CIA he served as a senior is Department favors the grant of an award matter concerning which this Department staff officer in grades GS-16 and GS-17 and $100,000 to Mr. Rowlett in full settlement is not informed. We defer in this matter to was awarded the Distinguished Intelligence r his rights in the inventions which are the agencies which may have been benefited Medal. On July 12, 1958, he returned to the [erred to in H.R. 7348, The Department from the activities of Mr. Rowlett. National Security Agency as Special Assist- Sanitized - Approved For Release : CIA-RDP75-00001 R000400230025-2 22506 Sanitized - PqgffGrddg?]KI I eRi3 A- 9 IS 00001 R00042340254 ant to the Director, GS-18, a position he Still holds. He has continued to make significant contributions to the science of cryptography, and in April 1960 received the National Secu- rity Agency Exceptional Civilian Service Award. Patent applications for the two inventions cited in the proposed bill were filed by the Army in 1936 (serial No. 70,412) and 1942 (serial No. 443,320) respectively. Mr. Fried- man and Mr. Rowlett, then principal assist- ant to Mr. Friedman were listed as co-inven- tors in both applications. It is these two inventions that have resulted in the high de- gree of security capability for U.S. com- munications beginning before World War II and continuing to the present. A memoran- dum written to the Signal Corps Patent Of- fice by Mr. Friedman and Mr. Rowlett on August 31, 1935, credits Mr. Rowlett with contributing the fundamental principle and three of the five subsidiary principles and Mr. Friedman with contributing two of the five subsidiary principles. With respect to the first invention, It appears that Mr. Row- lett's contribution was the greater. A Navy document entitled "The Contribution of the Signal Corps," dated November 2, 1943, and prepared by Capt. L. S. Safford, U.S. Navy, states in part: "Rowlett is entitled to full credit for his discovery of the principle * * * and Friedman and Rowlett jointly are en- titled to full credit for their joint invention of methods of applying and reducing this principle to practical form." (NoTE.-Classi- fled portions deleted.) The respective con- tributions of the two men to the second invention are not officially recorded. Since Mr. Rowlett and Mr. Friedman were joint inventors In both inventions, however, they have equal rights in these inventions and their losses due to the imposition of secrecy by the Government would be the same. In the early 1950's several private bills were introduced in behalf of Mr. Friedman, each proposing an award to compensate him for his loss of commercial rights to crypto- logic Inventions covered by applications for patents held in secrecy by the Government. In 1956 one of these bills was enacted and became Private Law 625, 84th Congress. Al- though two of the inventions for which Mr. Friedman received his award are the same inventions upon which the present bill is founded, Mr. Rowlett did not become a party to any of the private bills which sought to compensate Mr. Friedman. In the memo- randum he prepared on September 20, 1962. when he formally sought the Department's permission to seek legislative relief, Mr. Row- lett explained in paragraph 3: "I was asked by Mr. Friedman sometime prior to 1952 to join him in presenting his case to Congress. I declined, pointing out to him that I thought the Government should take the initiative in recognizing our con- tributions if they were worthy of monetary award.. While I still feel the Government should take the initiative, enough time has elapsed since Friedman received his award to cause me to conclude it is most unlikely that my contributions will be recognized unless I take positive steps to bring their merits to the attention of the Congress." The Department's records disclose that, in his appeal for relief, Mr. Friedman stressed the importance of the two inventions of which he was coinventor with Mr. Rowlett over the five additional inventions to which he held sole patent rights, and that he associated his loss mainly to his Inability to exploit these two inventions. Of the seven inventions he stressed the importance of the 1936 invention (patent application serial No. 70,412) above all others and placed the 1942 invention (patent application serial No. 443,320) next in importance. He then developed detailed evidence which convinces the Department and the Congress that, if he had been able to exploit these two in- ventions domestically and among allied for. governments, he would have obtained amounts of money far In excess of the sum of money he sought from Congress. The Department's views today are proper- ly reflected by the following extract from a letter dated July 6, 1953, which the Hon- orable Robert T. Stevens, Secretary of the Army, sent to the Honorable Chauncey W. Reed, then chairman of the House Commit- tee on the Judiciary, with respect to H.R. 1152, 83d Congress, a bill for the relief of William F. Friedman: "Where the fruits of an inventor's labor has been of substantial benefit to his Gov- ernment and his right to seek reward for his efforts is impaired for so great a period of time for security reasons, it is equitable that he be compensated for his loss, This view Is in accord with the policy of the Department of encouraging technological advancement. To deny an inventor the right to seek gain from his Inventions merely be- cause they are vital to our national de- fense and the security of the Government, while permitting such pursuit by inventors in other fields where security interests are not paramount, would be discriminatory and would discourage advancement in matters vital to our national defense." The Department of Defense considers that, In view of the available evidence, Mr. Row- lett is equitably entitled to compensation equal to that of Mr. Friedman. According- ly, the Department favors the grant of an award of $100,000 to Mr. Rowlett in full settlement for his rights in the inventions which are referred to in H.R. 7348. The Department opposes, however, the provision in H.R. 7348 which would exempt the award to Mr. Rowlett from taxation for the rea- sons expressed in the enclosed copy of a letter of February 17, 1964, from the As- sistant Secretary of the Treasury to the Director of the Bureau of the Budget. The Bureau of the Budget advises that, from the standpoint of the administration's program, there 1s no objection to the sub- mission of this report for the consideration of the committee. Sincerely, L. NIEDERLEHNER (For John T. McNaughton). TREASURY DEPARTMENT, Washington, D.C., February 17, 1964. Hon. KERMIT GORDON, Director, Bureau of the Budget, Washington, D.C. DEAR MR. GORDON: You requested the views of this Department on the fact that H.R. 7348, a bill for the relief of Frank B. Rowlett, provides that the sum which will be paid to Mr. Rowlett shall be exempt from all taxation. The specific purpose of H.R. 7348 is to authorize a lump sum payment to Mr. Row- lett as equitable compensation for his loss of opportunity to realize benefit from his commercial rights to cryptologic inventions which the Government uses and holds in a classified status. The Department of De- fense has examined the merits of the case and strongly recommends that Mr. Rowlett be granted relief. We have considered the general question of whether private relief bills should exempt the payments made by their terms from taxation. Of course, exemption, even If proper in cases like the present one where the award is compensatory in nature, would not be appropriate where actual compensa- tion to the recipient of relief is not involved, as, for example, where the private bill lengthens the period of a statute of limita- tions. Several reasons have been advanced to justify an exemption from taxation for com- pensatory awards in private relief bills, but we believe these reasons are not overly per- suasive. It has been argued that it Is difficult in Some cases for Congress to form a sound judgment on whether an award was ap- propriate in light of the taxes which would be payable upon it. This is because of prob- lems in determining how the award should be taxed and the fact that the amount of tax imposed upon the award will frequently depend upon the other taxable income of the individual receiving relief. It has also been urged that if such awards are to be subject to tax, Congress, despite the dif- ficulties mentioned above, may increase the amount of such awards to allow for the tax. However, these arguments overemphasize the difficulties in reaching a fair determination of appropriate compensation where an amount is to be subject to tax. In addition, It has been urged that such awards frequently provide for lump sum payments to compensate for a loss of income which would have been received over a number of years. Thus, the taxation of such awards may be excessive because the lump payment is taxed in 1 year. However, assuming the enactment of the Revenue Act of 1964, the averaging provision adopted therein will operate to mitigate any unfair tax consequences which might result from the receipt of a compensatory award in a lump sum. Where an award is compensatory in nature, that fact alone strongly supports subject- ing it to taxation. The President of the United States, In approving H.R. 3662, for the relief of Mrs. Margaret Patterson Bartlett, expressed the hope that provisions exempting awards under private relief bills from taxa- tion would not find their way into future private legislation and outlined some of the reasons why such exemptions are not proper. The President stated that the moral and equitable considerations supporting these awards argue strongly in favor of making them subject to the income tax laws. He stated that there was no valid reason for treating recipients of these compassionate awards more favorably than the taxpayers who must finance them and who receive no special treatment in meeting comparable tax obligations. The President expressed the view that the adjustment of the amount of the award by Congress did not provide an adequate basis for tax exemption since such action was inconsistent with the sound, pre- vailing practice under which an individual receives compensation or other payments and then has his tax liability computed under general tax law and, among other things, in relation to other sources of Income, For the foregoing reasons, the Treasury Department opposes exempting such awards from taxation. Therefore, It opposes such a provision In H.R. 7348. Sincerely yours, STANLEY S. SURREY, Assistant Secretary. TREASURY DEPARTMENT, Washington, D.C., September 10, 1964. Hon. JAMES O. EASTLAND, Chairman, Committee on the Judiciary, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: This letter supple- ments the Treasury Department's views on H.R. 7348, a bill for the relief of Frank B. Rowlett, which Is now being considered by your committee. Our previous expression of views is set forth in the report of the House Committee on the Judiciary on this bill. H.R. 7348 would pay $100,000 to Frank B. Rowlett in full settlement of all rights in re- spect to his cryptologic inventions which have been placed In secrecy status by the Department of Defense. The Treasury De- partment is opposed to the provision in this bill which would exempt the $100,000 pay- ment from all taxation. The report of the House Committee on the Judiciary, in approving the exemption from tax, implies that section 74(b) of the In- Sanitized - Approved For Release : CIA-RDP75-00001 R000400230025-2 1964 San itiz1 -vommwae-SE WMP75-00001 R000400J 25-2 r~~i Revenue Code is a precedent for the message would, if enacted, accord relief for Mr. LONG of Louisiana. Mr. Presi- exemption. The committee noted that "the the e rebunched taxpayers in situations where dent, I move to reconsider the vote by income tax law itself contains an exemption income amounts received as prizes and award duced rates of income taxation then being which the bill was passed, made primarily in recognition of scientific considered by Congress would provide addi- Mr. DIRKSEN. Mr. President, I move achievement (26 U.S.C. 74(b)). The exemp- tional relief. Your committee's report on the to lay that motion on the table. tion of section 74(b) is made subject to the Kessenich bill further stated that your The motion to lay on the table was conditions that the recipient was selected "committee does not approve of a tax-free agreed to. without any action on his part to enter a amount as amatter of policy generally in bills contest or proceeding and Is not required to for payments to individuals, but on occasion render future services as a condition to re- there are special circumstances which indi- CORRECTION OF CERTAIN ERRORS ceiving a reward." cate that such a freedom from tax liability IN THE TARIFF SCHEDULES OF The Department believes that the congres- should be recognizerd " V-1,----1- t t rovi be nva general u - only does not support ` exemption from tax plicability were e then being considered by Mr. LONG of Louisiana. Mr. P esi- for the $100,000 payment to Mr. Rowlett, but Congress was a significant factor in your dent, I move that the unfinished usi- Is contrary to such exemption. Section 74 commtttee's departure from it --- __ . . . _ _ _ s s "`s en case certain cases which held that some prizes Your committee's general policy of not an_ The PRESIDING OFF'IGER,! The rnenta to -J--y a December eludes amounts received as prizes and awards. President Johnson in a December ber The motion was agreed to d the dorsed The narrow exemption in section 74(b) was 1963 when, in approving H.R. 3663 for the Senate resumed the consideratio of the intended to exempt such awards as the Nobel relief of Mrs. Margaret Patterson Bartlett, bill (H.R. 12253) to dorrect certa errors -and Pulitzer Prizes. However, the reports he expressed the hope that provisions ex- in the tariff schedules of th United of the congressional tax committees spe- emptintr from taxation awards under iv t pr a e - -weir way into Mr. LAUSCHE. Mr. Presid41t, I send -tended to exclude prizes or awards from an future private legislation and outlined soma ~- ~,_ _ ?. _ bat employment." This rule is also set forth moral and equitable considerations support- - The PRESIDING OFFI ER. The In the Treaanrv Tlpnartman+ Va -^?- war wut &iu Therefore, even if one could view the pay- making them subject to the income tax laws. The LEGISLATIVE CLERK. It S proposed -Went to Mr. Rowlett as not being of a com- He stated that there was no valid reason for by the Senator from Ohio C . LAUSCHEI, pensatory nature, which view the Treasury treating recipients of these compassionate on behalf of himself, the 3 or Senator Department does not share, the payment awards more favorably than the taxpayers an awara from an employer to an employee special treatment in meeting comparable tax from ulotlana [Mr. BAYH.,IInd the Sen- n recognition of an achievement connected obligations. The President expressed the ator from Michigan [Mr. ARTI as fol- with _n gross income, the award by Congress did not provide an On page 15, strike out fin s 1 through 17 The Treasury Department believes that a adequate basis for tax exemption sinc h ti e suc (sec on 21 of the bill) . -ax exemption for this $100,000 payment to action was inconsistent with the sound, pre- Renumber the succeedin sections. .Sr. Rowlett would discriminate against other vailing practice under hi h w c an individual axpayers similarly situated. For example, receives compensation or other payments and Mr. LAUSCHE. Mr. President, my in 1956 Congress awarded $100,000 to Mr. then has his tax liability computed under amendment would strik from the bill a 'riedman, Mr. Rowlett's colleague, for his general tax law, and, among Other things, in provision that remove the 20-percent ontribution to the two inventions for which relation to other sources of income. duty now imposed ago st the importa- -Ir. Rowlett now seeks compensation. (Pri- In summary, the Treasury Department be - tiori of Cdi li anaanra Stone chips and -ate Law 625, 84th Cong.) No tax exemp- lieves that exempting from tax the $100,000 spalls. A bill on this subject has been ton was provided for Mr. Friedman who did payment to Mr. Rowlett would discriminate Sr. Rowlett in the form of the recently and particularly against Mr. Rowlett's~col- Mr. LONG of Lo siana. Mr. Presi- nacted reduced rates of Federal income tax league, Mr. Friedman, as well as other invent- dent, will the Senat r yield? aid the provision for income averaging. ors whose $100,000 awards were subject to Mr. LAUSCHE. yield. Jmilar awards of $100,000 also were made tax. The Department also believes that the Mr. LONG Of ulsiaria. I suggest a the 85th Congress to Mr. Lawrence F. recent enactment by Congress of reduced that if the Sena wishes to offer the nfrord for cryptographic systems developed rates of income tax and the income-averag- am endment, we uld s y him, and in the 86th Congress to Col. raovisions remove any special circum- Sense of a quor in order ghat Senators z)hn A. Ryan, Jr., for his development of a stances justifying freedom from tax liability w bombing system (Private Law 494, 85th in cases such as this, e who are interested in supporting the ong.; Private Law 492, 86th Cong.). No For the 'foregoing reasons, the Treasury amendment an those who are particu- aemption from tax was provided by Con- Department opposes the tax exemption pro- larly affected it might be present to -ess for these taxpayers. visions contained in H.R. 7848, speak for the position, The discrimination inherent in a tax ex- The Bureau of the Budget has advised the Mr. LAUS I merely send the option provision can be more fully appre- Treasury Department that there Is no ob- amendment 14 the desk at this time. ~,ted by noting that, to have provided Mr. jection from the standpoint of the admin- Mr. LON of Louisiana. The Senator uwlett's colleague, Mr. Friedman, with istration's program to the presentation of -00,000 of disposable income, after Federal this report. Is not Celli the amendment up at this aired an award in excess of $500,000. This STANLEY S. SURREY, Mr. LAT;SCHE. No. -timate assumes that Mr. Friedman's tax- Assistant Secretary. Mr. LO G of Louisiana. Very well. .1e incom o ld h e w u ave equaled the amount - The PRESIDING OFFICER. The Mr. USCHE. Mr. President, the the award and that he filed a Joint return. Sttee also notes that Private Law -87-578 , merit of the Senator from Louisiana [Mr. wnum ee, out wn1Ch was not In the itch provided an award of $100,000 to the LONG]. origin bill, would remove the 20-percent s d t wa agree wended to extend tax exem tion to the P__ S- -v w. R Great Lakes States of Minnesota, p The PRESIDING OFFICER. The bill ward. (Private Law 32 Bath Con ) Th , g e i Mid gap Wii Illii .s open to further amendment. If there,sconsn,nos, Indiana, -partme believes that the tax exemption and o Ohio are vitally affected by the vided by y Private Law 88-32, for the relief be no further amendment to be offered, am dment that was adopted by the the estate of Gregory J. Kessenich, should the question is on the engrossment of the Cora ti W hd k -t be es.ea nonowledge of the m the relied upon as a precedent to deviate amendments and third reading of the fact that this amendment was to be taken prior uniform congressional prat- bill. ^ards of this nature. As set forth in your The amendment were ordered to be W have not had an opportunity to anmittee's report on the Kessenich bill, a engrossed, and the bill to be read a third mak inquiry about what the real im- easury Department etas memorandums tf th dt pac oeuy would be. I have tried ted that the income-averaging proposal The bill (H.R. 7348) was read the third to consult Senators from the Great Lakes ntained in President Kennedy's 1968 tax time, and passed. area of the country. I have learned Sanitized - Approved For Release : CIA-RDP75-00001 R000400230025-2 22508 Sanitized - d iKRBIRaseiziClA-R6tRti-00001 R0004Q Q 6 ' extra 1964 marketings as the admint "' tion recommended. It places the limits that I have mentioned, 275,000 tons for mainland beet, and 225,000 tons for mainland cal ,e' marketings. Under the; proposed amendment even from them that the Industry would be greatly harmed by the committee amend- ment to the bill. I intend to make further inquiry con- cerning the real impact of the removal of this duty upon industries in Ohio, which are vitally interested. I shall later determine whether I shall press for the adoption of the measure. Mr. President, I ask that the RECORD show that the amendment is cospon- sored by my colleague, the junior Sen- [Mr. CARLSON], the Senator from Wy- oming [Mr. SIMPSON], the senior Senator from Colorado [Mr. ALLOTT], the Senator gan [Mr. HART], the junior Senator from Indiana [Mr. BAYH], the senior Senator junior Senator from Kansas [Mr. PEAR- SON], the senior Senator from Iowa [Mr. amendment will be stated. The LEGISLATIVE CLERK. At the end of the bill, it is proposed to insert a new section, as follows: Act of 1964. The amendment is as follows: 1948, as amended (relating to quota 'for for- eign countries) is amended by str ing out the annnual quantities provded for in the other subparagraphs of thisf subsection (c). "(b) Section 213 of such Act is amended (1) by striking from section 213(c) the lan- guage 'during the years 1962, 1963, and 1964, which fee in each such year shall be respec- tively 10, 20, and 30 per centum' and insert- ing in lieu thereof 'during the years 1982, 1963, and 1964 and the first six months of 1965, which fee shall be 10 per centum in 1962, 20 per centum in 1963 and 30 per centum In 1964 and the first six months of 1965'; and (2) by striking from section 213 (c) the language 'during the years 1962, 1963, and 1964 shall be respectively 0.1, 0.2, and 0.3 of one cent per pound' and inserting in lieu thereof 'during the years 1962, 1963, 1964 and first six months of 1965 shall be in 1962 0.1 of one cent, in 1963 0.2 of one cent, and in 1964 and the first six months of 1965 0.3 of one cent per pound'. "(c) The following new paragraph (3) is added at the end of section 202(a) of such Act. "'(3) Notwithstanding any other provi- sion of this Act, the domestic beet sugar area and the mainland cane sugar area may be permitted to market in 1964, as determined by the Secretary, in addition to the quota, Michigan [Mr. HART], and the hm Wisconsin [Mr. NELSON]. E DING OFFICER. With- n t7 s ordered. is Ope further amendment. is en Sr. President, I send a r ~' lesk on behalf of om Minnesota .ie Senator 'ARTHY1, the for Senator D the junior ATHERS], Senator from Indi a [Mr. the senior Senator fr ,n Ne- 'r. HRUSKA1, the ator -aska [Ur. CURTIS], the se for from North Dakota I . QA Ju in a etter dot d September 25, 1964, from t Unde Secretary of the Depart- ment of grit Iture, Mr. Murphy. This letter was essed to the President of the Senate d the Speaker of the House. The seco rovision would leave the fee on th glol sugar quota intact at the full te, an keep the fee on statu- tory su r )kpplicable from Janu- /an ary 1 t June 30, 145, at 30 percent of the fu rate on global sugar. , too, was recommended by Under Seer tary Murphy in hff letter of Sep- te er 25, and in the let r dated Sep- te ber 28 from the State D artment to irman Cooley, of the Hou Commit- on Agriculture, It was rec mend- that any change in the fee a de- ferred for the time being. The third purpose of the amen nt is to permit domestic beet and mainla cane sugar areas to market up to 275,00 tons of beet and 225,000 tons of cane, respectively, of the extra sugar produced at Government request in 1963, but which they are now unable to market without congressional action. This represents only a small part of the extra sugar which these two areas produced at Government request from the 1963 crops, and which are now be- ing produced from the 1964 crop. The fact that the Government urged these two areas to produce the extra sugar is well documented. The admin- istration is also firmly on record as favoring congressional action to permit the marketing of the extra sugar. The administration has recommended that the 1964 domestic marketings be com- pletely unlimited. This was done by the Secretary of Agriculture in December of 1963, and by the President himself in his message on the agricultural program in January of this year. In the interest of orderly marketing, the bill does not go as far in regard to Mr. BENNETT. Mr. P purpose of this amendmeia shes that the over the past the Sugar Act until ommended this week from the unallocated portion of the global quota. The remaining portion of reserved by the Department of Agricul- ture earlier this year for the specific pur- pose of permitting some extra domestic marketings this year. Our American farmers desperately need the marketing relief which the bill would provide, mod- est as it is. In the absence of such re- lief, they would be forced to store sugar at great expense to themselves, even though the Government had urged them to produce it to sell and not to store. Mr. President, in my opening state- ment I referred to certain expressions of policy by the administration. I ask unanimous consent to have printed In the RECORD a copy of the U.S. Depart- ment of Agriculture Release No. 848-63, dated March 14, 1963. There being no objection, the release was ordered to be printed in the RECORD, as follows: No SUGARBEET ACREAGE RESTRICTIONS IN 1964 Secretary of Agriculture Orville L. Free- man announced today that there will be no acreage restrictions (proportionate shares) on the 1964 crop of sugarbeets. The 1963 domestic beet sugar marketing quota is approximately 2,700,000 tons. Stocks of beet sugar on hand January 1, 1963, amounted to 1,368,000 tons and it is antici- pated that 616,000 tons will be produced from 1962-crop beets to be harvested In 1963. This provides a supply of 1,984,000 tons of beet sugar to meet requirements until new- crop sugar reaches the market next fall. Marketings of beet sugar In the last quarter of the year will be heavy. A 1 ger quantity of old-crop sugar would have promoted more of be had been estimated at 2,580,000 tons by the et sugar industry. Even a large increase I R,4963 production would not result in excessive rve supplies. The U.S. Dep tment of Agriculture indi- cated it is too a ky to determine whether restrictions will be pecessary on the 1965 crop. However, it observed that production will have to exceed marketings sufficiently to create safe and reasonable stocks before acreage restrictions could be reimposed. It Is assumed that the industry will at- tempt in 1963 to produce at the maximum capacity of its plants. Today's action is ex- pected to encourage plant expansion. First, it should encourage existing plants to modernize and expand their facilities since they can now be assured of at least 2 years of unrestricted operations. Second, new plants under construction for operation In 1963 and 1964 could be expanded Immediately to their ultimate capacity so as to take advantage of this opportunity for full production and the building of produc- tion and marketing history in excess of the Sanitized - Approved For Release : CIA-RDP75-00001 R000400230025-2