DECEPTIVE PROGRAMING PRACTICES

MONDAY, APRIL 15, 1968

HOUSE OF REPRESENTATIVES,

SPECIAL SUBCOMMITTEE ON INVESTIGATIONS,

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

Chicago, Ill.

The subcommittee met at 10:45 a.m., pursuant to notice, in room 1620, Federal Building, Chicago, Ill., Hon. John E. Moss presiding (Hon. Harley O. Staggers, chairman of the subcommittee).

(Hearings taken at executive session on April 15, 1968, released by action taken by full committee on July 3, 1968, except those portions, as indicated, listing names of "Pot Party" participants who did not appear as witnesses.)

Mr. Moss. The committee will now be in order.

I would like at this point to make a statement.

The witnesses summoned here today by subpena have declared their intentions of taking the fifth amendment on the ground their testimony might incriminate or degrade them. Because of these circumstances, and, in accordance with the applicable House rules, these hearings today will be in executive session, and none of the testimony or evidences received in this session will be made public unless and until the full House Committee on Interstate and Foreign Commerce authorizes its release.

At this point, I should like to have the record show that each witness before us has, prior to his appearance here today, been furnished with a copy of rule XI, 26, Rules of the House of Representatives, a copy of section 136 of the Reorganization Act of 1946, a copy of House Resolution 168, 90th Congress, together with a copy of this opening

statement.

At this point I will supply for the record a copy of the publication containing the rules and resolution just referred to. (The documents referred to follow :)

RULE XI, PAR. 26, RULES OF THE HOUSE OF REPRESENTATIVES

(a) The rules of the House are the rules of its committees so far as applicable, except that a motion to recess from day to day is a motion of high privilege in committees. Committees may adopt additional rules not inconsistent therewith.

(b) Each committee shall keep a complete record of all committee action. Such record shall include a record of the votes on any question on which a record vote is demanded.

(c) All committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the Member serving as chairman of the committee; and such records shall be the property of the House and all Members of the House shall have access to such records. Each committee is authorized to have printed and bound testimony and other data presented at hearings held by the committee.

(1)

(d) It shall be the duty of the chairman of each committee to report or cause to be reported promptly to the House any measure approved by his committee and to take or cause to be taken necessary steps to bring the matter to a vote. (e) No measure or recommendation shall be reported from any committee unless a majority of the committee were actually present.

(f) Each committee shall, so far as practicable, require all witnesses appearing before it to file in advance written statements of their proposed testimony, and to limit their oral presentation to brief summaries of their argument. The staff of each committee shall prepare digests of such statements for the use of committee members.

(g) All hearings conducted by standing committees or their subcommittees shall be open to the public, except executive sessions for marking up bills or for voting or where the committee by a majority vote orders an executive session. (h) Each committee may fix the number of its members to constitute a quorum for taking testimony and receiving evidence, which shall be not less than two. (i) The chairman at an investigative hearing shall announce in an opening statement the subject of the investigation.

(j) A copy of the committee rules, if any, and paragraph 26 of rule XI of the House of Representatives shall be made available to the witness.

(k) Witnesses at investigative hearings may be accompanied by their own counsel for the purpose of advising them concerning their constitutional rights. (1) The chairman may punish breaches of order and decorum, and of professional ethics on the part of counsel, by censure and exclusion from the hearings; and the committee may cite the offender to the House for contempt.

(m) If the committee determines that evidence or testimony at an investigative hearing may tend to defame, degrade, or incriminate any person, it shall(1) receive such evidence or testimony in executive session;

(2) afford such person an opportunity voluntarily to appear as a witness; and

(3) receive and dispose of requests from such person to subpena additional witnesses.

(n) Except as provided in paragraph (m), the chairman shall receive and the committee shall dispose of requests to subpena additional witnesses.

(0) No evidence or testimony taken in executive session may be released or used in public sessions without the consent of the committee.

(p) In the discretion of the committee, witnesses may submit brief and pertinent sworn statements in writing for inclusion in the record. The committee is the sole judge of the pertinency of testimony and evidence adduced at its hearing. (q) Upon payment of the cost thereof, a witness may obtain a transcript copy of his testimony given at a public session or, if given at an executive session, when authorized by the committee.

SECTION 136 OF THE LEGISLATIVE REORGANIZATION ACT OF 1946, 60 STAT. 812

LEGISLATIVE OVERSIGHT BY STANDING COMMITTEES

SEC. 136. To assist the Congress in appraising the administration of the laws and in developing such amendments or related legislation as it may deem necessary, each standing committee of the Senate and the House of Representatives shall exercise continuous watchfulness of the execution by the administrative agencies concerned of any laws, the subject matter of which is within the jurisdiction of such committee; and, for that purpose, shall study all pertinent reports and data submitted to the Congress by the agencies in the executive branch of the Government.

H. RES. 168, 90TH CONGRESS, AGREED TO FEBRUARY 27, 1967

IN THE HOUSE OF REPRESENTATIVES

January 23, 1967

Mr. Staggers submitted the following resolution; which was referred to the Committee on Rules February 21, 1967

Reported with amendments, referred to the House Calendar, and ordered to be printed February 27, 1967

Considered and agreed to

RESOLUTION

Resolved, That effective January 3, 1967, the Committee on Interstate and Foreign Commerce may make investigations and studies into matters within its jurisdiction including the following:

(1) Policies with respect to competition among the various modes of transportation, whether rail, air, motor, water, or pipeline; measures for increased safety; adequacy of the national transportation system for defense and the needs of an expanding economy; and the administration by the Interstate Commerce Commission of the statutes which it administers.

(2) Policies with respect to the promotion of the development of civil aviation; measures for increased safety; restrictions which impede the free flow of air commerce; promotion of travel and tourism routes, rates, accounts, and subsidy payments; airport construction, hazards of adjacency to airports, and condemnation of airspace, aircraft, and airline liability; aircraft research and development, and market for American aircraft; air navigational aids and traffic control; and the administration by the Civil Aeronautics Board and the Federal Aviation Agency of the statutes which they administer.

(3) Allocation of radio spectrum; pay television; ownership, control, and operations of communications and related facilities; policies with respect to competition among various modes of communication, including voice and record communications and data processing; policies with respect to governmental communications systems; coordination of communication policies both domestic and foreign; impact of foreign operations, international agreements, and international organizations on domestic and foreign communications; technical developments in the communications field; and the administration by the Federal Communications Commission and the Director of Telecommunications Management of statutes which they administer.

(4) Adequacy of the protection to investors afforded by the disclosure and regulatory provisions of the various Securities Acts; and the administration by the Securities and Exchange Commission of the statutes which it administers. (5) Adequacy of petroleum, natural gas, and electric energy resources for defense and the needs for an expanding economy; adequacy, promotion, regulation, and safety of the facilities for extraction or generation, transmission, and distribution of such resources; development of synthetic liquid fuel processes; regulation of security issues of and control of natural gas pipeline companies; and the administration by the Federal Power Commission of the statutes which it administers.

(6) Advertising, fair competition, and labeling; and the administration by the Federal Trade Commission of the statutes which is administers.

(7) Research in weather, including air pollution and smog, and artificially induced weather; and the operations of the Weather Bureau.

(8) Effects of inflation upon benefits provided under railroad retirement and railroad unemployment programs; and inequities in provisions of statutes relating thereto, with comparison of benefits under the social security system; and the operations of the Railroad Retirement Board, the National Mediation Board, and the National Railroad Adjustment Board.

(9) Adequacy of medical facilities, medical personnel, and medical teaching and training facilities; research into human diseases; provisions for medical care; efficient and effective quarantine; protection to users against incorrectly labeled and deleterious foods, drugs, cosmetics, and devises (sic); and other

matters relating to public health; and the operations of the Public Health Service and the Food and Drug Administration.

(10) Disposition of funds arising from the operation of the Trading With the Enemy Act; and the operations of the Foreign Claims Settlement Commission. (11) Current and prospective consumption of newsprint and other papers used in the printing of newspapers, magazines, or such other publications as are admitted to second class mailing privileges; current and prospective production and supply of such papers, factors affecting such supply, and possibilities of additional production through the use of alternative source materials.

(12) Traffic accidents on the streets and highways of the United States; factors responsible for such accidents, the resulting deaths, personal injuries, and economic losses; and measures for increased traffic and motor vehicle safety.

Provided, That the committee shall not undertake any investigation of any subject which is being investigated by any other committee of the House.

For the purposes of such investigations and studies the committee, or any subcommittee thereof, may sit and act during the present Congress at such times and places within or outside the United States, whether the House has recessed or has adjourned, to hold such hearings, and to require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents, as it deems necessary. Subpenas may be issued under the signature of the chairman of the committee or any member of the committee designated by him, and may be served by any person designated by such chairman or member.

The committee may report to the House at any time during the present Congress the results of any investigation or study made under authority of this resolution, together with such recommendations as it deems appropriate. Any such report shall be filed with the Clerk of the House if the House is not in session.

Notwithstanding section 1754 of title 22, United States Code, or any other provision of law, local currencies owned by the United States shall be made available to the Committee on Interstate and Foreign Commerce of the House of Representatives and employees engaged in carrying out their official duties under section 190d of title 2, United States Code; Provided, That (1) no member or employee of said committee shall receive or expend local currencies for subsistence in any country at a rate in excess of the maximum per diem rate set forth in section 592 (b) of the Mutual Security Act of 1954, as amended by Public Law 88-633, approved October 7, 1964; (2) no member or employee of said committee shall receive or expend an amount for transportation in excess of actual transportation costs; (3) no appropriated funds shall be expended for the purpose of defraying expenses of members of said committee or its employees in any country where counterpart funds are available for this purpose.

Each member or employee of said committee shall make to the chairman of said committee an itemized report showing the number of days visited in each country whose local currencies were spent, the amount of per diem furnished, and the cost of transportation if furnished by public carrier, or if such transportation is furnished by an agency of the United States Government, the cost of such transportation, and the identification of the agency. All such individual reports shall be filed by the chairman with the Committee on House Administration and shall be open to public inspection.

Mr. Moss. Section 136 of the Reorganization Act of 1946 and House Resolution 168, 90th Congress, authorize this subcommittee to exercise oversight and continued watchfulness over the administration of the law by the various legislative agencies of the Federal Government. The Federal Communications Commission and the Federal Trade Commission are each subject to this subcommittee's oversight jurisdiction.

The Federal Communications Act, 47 U.S.C. 409 (h) and the Federal Trade Commission Act, 15 U.S.C. 49, provide that compulsory testi