NOTICE OF HEARINGS ON NOMINEES IN THE DEFENSE DEPARTMENT AND CENTRAL INTELLIGENCE AGENCY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000400150012-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 16, 2016
• Document Release Date: May 19, 2005
• Sequence Number: 12
• Publication Date: January 6, 1973
• Content Type: OPEN

S 286
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CONGRESSIONAL RECORD -SENATE January 6, 1973.
a school year which begins or ends
taxable year, or
"(B) $200.
For purposes of this paragraph, the
of the tuition with respect to any
which may be, taken into account
school year shall not exceed $400.
in such may be necessary to carry out the provisions
of this section,"
(b) LIMITATION ON EXAMINATION of BOOKS
amount AND RECORDS,--Section 7605 of the Internal
student Revenue Code of 1964 (relating to time and
for any Place of examination) is amended by adding
"(2) REDUCTION of CREDIT.-The aggregate
amount which would (but for this para-
graph) be allowable under subsection (a)
shall be reduced by an amount equal to $1
for each full $20 by which the adjusted
gross income of the taxpayer (or, if the tax-
payeris married, the adjusted gross income of
the taxpayer and his spouse) for the taxable
year exceeds $18,000. For purposes of this
paragraph, marital status shall be determined
under section 143.
"(c) DEFINITIONS AND SPECIAL RULES: For
purposes of this section-
"(1) TUITION.--The term 'tuition' means
any amount required for the enrollment or
attendance of a student at a private nonprofit
elementary or secondary school. Such term
does not include any amount paid directly
or Indirectly for meals, lodging, transporta-
tion,, supplies, equipment, clothing, or per-
sonal or family expenses, If the amount paid
for tuition includes any amount (not sepa-
rately stated) for an item described in the
preceding sentence, the portion of the
amount paid for tuition which is attributable
to such item shall be determined under
regulations prescribed by the Secretary or
his delegate. -
"(2) PRIVATE NONPROFIT ELEMENTARY OR
SECONDARY senooL.-Tile term 'private non-
profit elementary(or secondary school' means
an educational organization described in sec-
tion 170(b) (1) (A) (ii).-
(A) which is described in section 501(c)
(3) and which is exempt from tax under sec-
tion 501(a),
"(B) which regularly offers education at
the elementary or secondary level, and
"(C) attendance at which by students who
are subject to the compulsory education laws
of the State satisfies the requirements of
such laws.
"(3) ELEMENTARY OR SECONDARY EDUCA-
TION.-The term 'elementary or secondary
education' does not include (A) kindergarten,
nursery, or other preschool education, and
(B) education at a level beyond the 12th
grade, In the case of individuals who are
mentally or physically handicapped, such
term includes education offered as a substi-
tute for education at the elementary or sec-
ondary level.
"(4) SCHOOL YEAR.-The term 'school year'
means a one-year period beginning July 1
and ending June 30.
"(5) FULL-TIME STUDENT.-A71 individual is
a full-time student for a school year if he is
a student at one or more private nonprofit
elementary or secondary schools during each
of 5 calendar 'months during the school year.
at the end thereof the following new sub-
section:
"(d) EXAMINATION OF BOOKS AND RECORDS
OF CHURCH-CONTROLLED SCHOOLS.-Nothing
in section 42 (relating to tuition paid for
elementary or secondary education) shall be
construed to grant additional authority to
examine the books of account, or the activi-
ties, of any school which is operated, super-
vised, or controlled by or in connection with
a church or convention or association of
churches (or the examination of the books
of account or religious activities of such
church or convention or association of
churches) except to the extent necessary to
determine whether the school is a 'private
nonprofit elementary or secondary school'
within the meaning of section 42(0) (2)."
(C) CLERICAL AMENDMENT.-The table of
sections for such subpart A is amended by
striking out the item relating to section 42
and inserting in lieu thereof the following:
"Sec. 42. Tuition paid for elementary or sec-
ondary education.
"Sec. 43. Overpayments of tax."
(d) EFFECTIVE DATE.-The amendments
made by this section shall apply to amounts
paid on or after August 1, 1973, for school
periods beginning on or after such date.
SEC. 2. JUDICIAL DETERMINATION OF CONSTITU-
TIONALITY.
(a) TAXPAYERS HAVE STANDING To SUE.-
Notwithstanding any other law or rule of
law, any taxpayer of the United States may
commence a proceeding (including a pro-
ceeding for a declaratory judgment or in-
junctive relief) in the United States District
Court for the District of Columbia within the
3-month period beginning on the date of the
enactment of this Act to determine whether
the provisions of section 42 of the Internal
Revenue Code of 1954 (as added by section
1 of this Act) are valid legislation under the
Constitution of the United States. Proceed-
ings commenced under this subsection may,
at the discretion of the court, be consolidated
into one proceeding. ,
(b) JUDICIAL DETERMINATION: NOtWitll-
standing any other law or rule of law, the
United States District Court for the District
of Columbia shall have jurisdiction of any
proceeding commenced as provided in sub-
section (a) and shall exercise the same with-
out regard to whether a person asserting
rights under this section shall have exhausted
any administrative or other remedies which
may be provided by law. Such proceeding
shall.be heard and determined by a court of
three judges in accordance with the provi-
sions of section 2284 of title 28, United States
Code
and an
l
h
,
y appea
s
all lie to the Supreme
The credit allowed by subsection (a) to the Court. It shall be the duty of the judges
taxpayer shall not exceed the amount of tax designated to hear the case to assign the
imposed on the taxpayer for the taxable year case for hearing at the earliest practicable
by this chapter (computed without regard date, to participate in the hearing and deter
to the tax imposed by section 5.6), reduced mination thereof, and to cause the case to
by the sum of credits allowable under this be in every way expedited.
subchapter (other than under this section
and sections 31 and 39).
"(e) AMOUNTS NOT To BE TAKEN As DE- EXPANSION OF REHABILITATION
DUCTIONS.-Any payment which the tax- . PROGRAM-NOTICE OF HEAR-
payer elects (in Such manner as the Secre-
tary or his delegate shall by regulations pre-
scribe) to take into account for purposes of Mr. ROBERT C. R' RP. Mr. Presi-
determining the amount of the credit under dent, at the request of the Senator
this section shall not be treated as an amount from California (Mr. CRANSTON), I am
paid by the taxpayer for purposes of deter-
mining whether the taxpayer is entitled to g a statement announcing
(or the amount of) any deduction (other forthcoming action by the Subcommit-
than for the purposes of determining sup- tee on the Handicapped of the Labor
port under section 152). - and Public -Welfare Committee, on S.
R
G
from West Virginia (Mr. RANDOLPH)
on Thursday, January 4, 1973.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so or-
dered.
STATEMENT DY SENATOR CRANSTON
For the Information of Senators and the
public, I announce that there will be a
public hearing on Wednesday, January 10,
1973, before the Subcommittee on the
Handicapped of the Committee on Labor
and Public Welfare for the purpose of
receiving testimony on S. 7, the Rehabili-
tation Act of 1972. This hearing will be
held in Room 4232 at 9:00 a.m.
Mr. President, I am pleased to respond
to the request of the Senator from West
Virginia (Mr. RANDOLPH), the Chairman
of the subcommittee, to net -,,s C~^ir'"-
for the purposes of considering this legis-
lation. I am very grateful to the uis-
tinguished Senator for all the counsel,
support, and assistance he gave me in the
92d Congress when I acted in the same
capacity with respect to this legislation
to improve and expand the vocational
rehabilitation program.
As Senators are aware, this most vital
legislation, which was a unique bipartisan
effort and a culmination of nearly a year's
work on the part of the respective Members
of the Senate and the House of Repre-
sentatives, and their staffs, was agreed to in
Conference Report (02-1681) on H.R. 8395
at the end of the last Congress. The pocket
veto of this bill was announced on October
27, 1972. The provisions of S. 7 are the same
as those in the vetoed H.R. 8395.
This rehabilitation program is now in its
53d year. It has been directly responsible for
enriching the livesand increasing the self-
sufficiency of millions of handicapped indi-
viduals by placing them in jobs resulting
in the production of tax-revenues that might
otherwise have been lost. It is one of the
most cost effective programs that the Federal
Government supports.
Mr. President, I earnestly hope that the
Senate will proceed to pass this legislation
as swiftly as possible. We have scheduled a
subcommittee session to consider the bill
immediately following the hearing on Jan-
uary 10. The new programs, authorities, and
appropriations authorizations in the bill are
essential to move us more closely toward
meeting the needs of the millions of deserv-
ing Americans who have suffered the mis-
fortune of being handicapped.
t NOTICE OF HEARINGS ON NOMI-
_. NEES IN THE DEFENSE DEPART-
MENT - AND CENTRAL INTELLI-
GENCE AGENCY
Mr. STENNIS. Mr. President, as chair-
man of the Senate Committee on Armed
Services, I announced yesterday that
confirmation hearings will begin next
Tuesday on President Nixon's nominees
to top positions in the Defense Depart-
ment and the Central Intelligence Agen-
cy.
I also announced that Mr. Helms, the
outgoing Director of Central Intelligence,
would meet with the committee in
executive session on Monday for a re-
view of world developments. That Mon-
day meeting has since been rescheduled,
from Monday afternoon to 10:30 in the
morning.
I have already notified committee
members with respect to all of these ar-
rangements.
O
E
ULATIONS: The Secre or is 7, th onr~i~f~ Q,~~~7 ;1 f1 ent that the text
delegate shall prescrJlll,1pP~@ei(~,: i?Ylg'`sbZti(iri~~$tf ease, ssued yesterday, be
 Approved For Release 2005/06/06 : CIA-RDP75B0038OR000400150012-3
January 6, 1976 CONGRESSIONAL RECORD -SENATE
published in the RECORD at this point for
the information of all Senators,
There being no objection, the release
was ordered to be printed in the RECORD
as follows:
The Senate Armed Services Committee
will begin confirmation hearings Tuesday,
January 9th, on President Nixon's nominees
to top positions in the Defense Department
and Central Intelligence Agency. Chairman
John C. Stennis announced today.
Open sessions will start at 10 a.m,, Tues-
clay, resume Wednesday morning, and con-
tinue Wednesday afternoon, if necessary,
Senator Stennis said. The opening witness
will be former Secretary of Health, Education,
and Welfare, Elliot J. Richardson, who has
been nominated to serve as Secretary of
Defense.
Richardson will be followed by William P.
Clements, Jr., of Dallas, Texas, nominated by
the President to be Deputy Secretary of Do-
,fense, and James R. Schlesinger, former
Chairman of the Atomic Energy Commission,
who has been nominated as Director of Cen-
tral Intelligence.
Senator Stennis also announced that out-
going CIA Director, Richard Helms, will meet
with the Committee in Executive session on
Monday afternoon for the regular periodic
review of world developments.
ADDITIONAL STATEMENTS
GLEN ROCK CAROLER'S
ASSOCIATION
Mr. SCOTT of Pennsylvania, Mr. Pres-
ident, as our sights and ambitions are
now directed to the new year, I would
like to step back a few days to pay
homage and to extend my congratula-
tions to the Glen Rock Caroler's Asso-
ciation of Glen Rock, Pa., on their
125th anniversary.
The carols, of English origin, were
brought from England by the original
settlers of Glen Rock. On Christmas
Eve, 1848, five men with one member
playing a bassoon went from house to
house serenading the villagers. It is be-
lieved that there were at least four songs
in their repertoire during that year.
The tradition has been carried, on
each year since 1848 and the carolers are
now composed of 40 members and 10 as-
sociates. For the first time, period cos-
tumes of the 1840's' were worn this
Christmas in observance of their 125th
anniversary.
I heartily commend this worthy asso-
ciation for bringing the Christmas spirit
into the homes of their friends and
neighbors as their descendants have done
continuously for 125 years.
tising in the broadcast medias. This ad-
vertising Is a pernicious distortion, of
congressional intent. One little cigar has
moved into national distribution using
broadcast advertising reminiscent of
cigarette advertising. Another little
cigar has been regionally introduced.
The creative platform and Winchester's
very presence is a tease, designed to encour-
age cigarette smoking.
Again, a quotation from Advertising
Age.
I will shortly introduce legislation to
amend the Federal Cigarette and Label-
ing Advertising Act to redefine the term
"cigarette," so that cigars will be re-
stricted in their advertising and promo-
tion in the same manner as other ciga-
rettes.
I am pleased to note that the National
Interagency Council on Smoking and
Health, consisting of the major na-
tional health and educational organiza-
tions concerned with smoking, has en-
dorsed efforts to break the back of this
outrageous evasion of the ban on broad-
cast cigarette advertising.
Mr. President, I ask unanimous con-
sent that the text of the Advertising Age
editorial be printed in the RECORD.
. There being no objection, the ordered
to be printed in the RECORD, as follows:
[From the Advertising Age, Jan. 3, 1973]
A WHOLE 'NOTHER DISASTER
A group of public Interest attorneys is
giving those Winchester little cigars a rough
time.
The lawyers don't question Winchester's
right to be advertised on television; they're
more concerned about the absence of a health
warning on the pack. They're asking the
Federal Trade Commission to require a
strongly-worded warning that would carry a
rather ominous litany: "This product if in-
haled Is dangerous to health and may cause
death from cancer, coronary heart disease,
chronic bronchitis, pulmonary emphysema
and other diseases." That's what they want
the label to read.
Can a smoker catch all those things from
one Winchester? One drag? How about one
pack of this low-tar brand?
No, we're not bothered so much about
Winchester's inhalability and the health
warning. We are bothered about Winchester
being on tv In the first place. You can split
all the legalistic hairs you can find and tell
us that under Internal Revenue Service clas-
sifications, Winchester is not a cigaret: it's
a little cigar. We say so what? Who's kidding
whom? The brand is made on cigaret ma-
chines. To the public, the Winchester com-
mercial is the same as a cigaret commercial.
There's the cowboy-type and his Marlboro-
esque machismo, lipping the weed from a
pack as so many other Marlboro men before
him have done., There are the curls of smoke,
LITTLE CIGAR ADVERTISING , the look of pleasure, the lovely girl who
yields herself to this silent stranger and walks
Mr. MOSS, Mr. President, these are off with him, wordlessly, into the sunset. It's
not the words of an antismoking parti- junk. But that's not reason enough to ban
san; these are the words of an editorial the Winchester campaign. We'd ban the
published in this week's Advertising Age, campaign because we think Winchester is
the national newspaper of marketing the cigaret's version of reminder advertising.
It's the cigaret's toe. in the tv door. The
Winchester is blowing smoke through a creative platform and Winchester's very
legalistic loop-hole and the smoke ring Is presence is a tease, designed to encourage
forming a noose for all advertising. To the cigaret smoking. "Ain't no cigaret; it's a
public, the Winchester commercial is the whole 'nether smoke," says Winchester.
same as a cigarette commercial. ' To the public, the language-implicit and
During the last Congress, my consumer explicit-is that of smoking. As long as Win-
S 287
smokers from a privileged sanctuary, based
on a technicality in the tax law. We think
it's important because we find that more and
more, people outside our business are using
the Winchester campaign as an example of
advertising cynicism and hypocrisy. The cam-
paign undermines all of advertising.
As viewers look upon Winchester as a rip-
off and assign it to those Madison Avenue
hucksters, you can chalk up another bitter
setback for the advertising business, its credi-
bility and its responsibility. The best thing
that could happen would be for WinchesLer
to stop the charade, or for the tv stations to
knock it off the air.
While there are other brands that make
up the little cigar market, we're zeroing in on
Winchester because it alone positions itself
in an exploitive fashion as a subliminal
cigaret. The earlier entries, the original little
cigar brands, are either not on tv or are posi-
tioned so as to be exempt from criticism. -
Either we change the law and reopen the
airwaves to all cigarets or we get Winchester
off the air and in compliance with the law's
intent. Right now, Winchester is blowing
smoke through a legalistic loophole and the
smoke ring is forming at noose for all adver-
tising.
THE CONTINUING TRAGEDY
Mr. RIBICOFF. Mr. President, the
Vietnam war has been a national disaster
for this country. It is tragic that in 1973
we have not yet ended our involvement
in this morass. The war has been most
disastrous, of course, for those who have
been killed and maimed by it. But it also
continues to undermine the moral and
spiritual health of the United States.
Is it really so impossible to get our
country out of this war? Is it really
beyond the ingenuity of the Congress to
disengage us from this tragedy? Will
more massive bombing be used as a nego-
tiating tool?
I suppose we should. be grateful that we
are now in a negotiating phase rather
than a bombing period. But there is no
one to explain to us here in the Senate or
to the American people why our air force
unleashed such destructive fury on the
people of North Vietnam, and why, after
peace was at hand, the negotiations broke
down.
. Over the years this war has been com-
puterized, analyzed and Vietnamized.
And over the years the American people
and the Congress have been lied to about
this war. Now we have bombed and
blasted North Vietnam on an unprece-
dented scale without a word of explana-
tion from our President and without a
minute of testimony by our Secretary of
State.
What has this accomplished? Some 30
aircraft, including 16 B-52's, have been .
lost and over 100 American airmen are
dead or missing. At least this is what we
are being told. What we do know for cer-
tain is that the prisoner of war camps in
North Vietnam are now fuller of Ameri-
cans, and that thousands more Vietnam-
ese are dead.
Four years ago, a candidate for the
Presidency declared--
Those who have had a chance for four years
and could not produce peace should not be
given another chance. .
subcommittee held several days of hear- cheater remains on tv, it cannot truly be said How many more chances will be asked
that c his up. aret smoking is off the air. We bring for before the Congress acts to halt this
Ings on a variety of matters associate t
with cigarette smok1Appra"d F t?l l av' DiI;e ~t~t 380 O4oos150012-3
Inquiry, we discussed little cigar adver- Winchester is being allowed to appeal to The Senate, to its credit, has gone on
 () 1Jc,
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January 6, 1973 CONGRESSIONAL RECORD -DAILY DIGEST
Begich. Subsequently, the Speaker. appointed Repre-
sentatives Blatnik, Camp, Howard, and Roncalio.
Page H 37
Committee Elections: Agreed to the following resolu-
tions, electing certain members on a temporary basis
to the below-listed committees:
H. Res. 95, Committee on Appropriations (major-
ity), Mahon, chairman, Whitten, Rooney of New
York, Sikes, Passman, Evins of Tennessee, Boland of
Massachusetts, Natcher, Flood, Steed, Shipley, Slack,
Flynt, Smith of Iowa, Giaimo, Hansen of Washington,
Addabbo, McFall, Patten, Long of Maryland, Yates,
Casey, Evans of Colorado, Obey, Roybal, Stokes, Roush,
McKay, and Bevill.
H. Res. 96, Committee on Rules (majority), Madden,
chairman, Delaney, Bolling of Missouri, O'Neill, Sisk,
Young of Texas, Pepper, and Matsunaga.
H. Res. 97, Committee on House Administration
(majority), Hays, Chairman, Thompson of New Jer-
sey, Dent, Nedzi, Brademas, Gray, Hawkins, Gettys,
Bingham, Podell, Annunzio, Gaydos, Jones of Tennes-
see, and Mollohan.
H. Res. 98, Committee on Appropriations (minor-
ity), Cederberg, Rhodes, Minshall, Michel, Conte,
Davis of Wisconsin, Robison of New York, Shriver,
McDade, Andrews of North Dakota, Wyman, Talcott,
Riegle, Wyatt, Edwards of Alabama, Del Clawson,
Scherle, McEwen, Myers, and Robinson of Virginia.
H. Res. 99, Committee on Rules (minority), Ander-
son of Illinois, Martin of Nebraska, Quillen, and Latta.
H. Res. loo, Committee on House Administration
(minority), Devine, Dickinson, Cleveland, Harvey,
Hansen of Idaho, Crane, Ware, Veysey, and Frenzel.
Pages H 37-H 38
Legislative Program: Majority leader announced the
program for the week beginning Monday, January 8..
Agreed to adjourn from Saturday to Tuesday.
Page H 38
Quorum Calls-Record Votes: No quorum calls or
record votes, developed during the proceedings of the
House . today.
D 11
Program for Tuesday: Met at noon and adjourned
at 2:16 p.m. until noon on Tuesday, January 9. There is
no legislative business scheduled.
Committee Meetings
No meetings were held.
joint Committee Meeting
EMPLOYMENT-UNEMPLOYMENT
Joint Economic Committee: On Friday, January 5,
committee held hearings to receive testimony on em-
ployment-unemployment figures for December 1972
from Geoffrey H. Moore, Commissioner, Bureau of
Labor Statistics, Department of Labor.
Hearings were recessed subject to call..
7T ADDITIONAL COMMITTEE MEETINGS
Week of January 8-13
(Committee meetings are open unless otherwise indicated)
Senate
Committee on Armed Services: January 8, executive, to receive
a briefing from CIA Director, Richard Helms, 2:30 p.m., 212
Russell (Old) Senate Office Building.
January 9, full committee, to hold hearings on the nomina-
tions of Elliot L. Richardson, to be Secretary of Defense; Wil-
liam P. Clements, Jr., to be Deputy Secretary of Defense; and
James R. Schlesinger, to be Director of Central Intelligence,
10 a.m., 318 Russell (Old) Senate Office Building.
COMMITTEE MEETING FOR MONDAY,
JANUARY 8
(All meetings are open unless otherwise designated)
House
Committee on Armed Services, to meet with Secretary of
Defense Laird, 1o a.m., 2118 Rayburn Building.
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