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erence to which a request for confidential treatment is made
by the person furnishing such information, unless the head
of such department or agency determines that the withhold-
ing thereof is contrary to the national interest.

Analysis of Secretary Morton's asserted defense by several leading constitutional law scholars, including Professor Raoul Berger of Harvard Law School, Professor Philip Kurland of the University of Chicago School of Law, and Professor Norman Dorsen of New York University School of Law, indicates that the Secretary's position is legally untenable. Accordingly, the Subcommittee repeatedly pointed out to Secretary Morton that Section 7(c) does not in any way refer to the Congress and no reasonable interpretation of that Section could support the position that Congress by implication had surrendered its legislative and oversight authority under Article I of the Constitution. Legislative and oversight duties are in fact what is involved in this matter. The subcommittee, and indeed the Congress, needs the subpenaed documents in order to evaluate the impact of the Arab boycott on American commerce, to find out whether Federal laws related to the boycott (such as the FTC and Securities Exchange Acts) are being enforced, and to determine whether new law is needed. But the significance of Secretary Morton's construction of section 7(c) goes far beyond barring Congress from the Arab boycott information.

If Secretary Morton's argument for not complying with a valid Congressional subpena is allowed to remain unchallenged, it will establish a dangerous precedent which could be more pernicious than the doctrine of executive privilege. According to the Library of Congress report, it appears that Congress would be precluded from access to information compiled pursuant to nearly a hundred statutes similar to the statute cited by Secretary Morton.

Sincerely,

JOHN E. Moss,

Chairman, Oversight and Investigations Subcommittee.

CONTENTS

Letter dated August 22, 1975, from Charles W. Hostler, Deputy

Assistant Secretary for International Commerce, Department

of Commerce to Seymour Graubard, national chairman, Anti-

Defamation League of B'nai Brith_.

Publication of export license information-exchange of corre-
spondence between Secretary of Commerce, Luther H. Hodges,
and Congressman John E. Moss, chairman, Special Government
Information Subcommittee of the Committee on Government
Operations

Marshall, Burke, professor, Yale Law School, letter dated Novem-

ber 12, 1975, to Chairman Moss____

5

12

(A)

Appendix D-Letter dated September 19, 1975, from Hon. John E. Moss

to Secretary Rogers Morton regarding documents made available to the

subcommittee which suggest certain American firms may be abiding by

Arab requests not to do business with Israel, or with any Israeli citi-

zen, or with any person of Jewish faith and/or with any domestic firm

which declines to participate in the same or similar boycott--.

Appendix E-Letter, undated, by the president of the General Union of

Chambers of Commerce, Industry and Agriculture for Arab Countries,

Beirut, Lebanon, on the subject of-The Arab Boycott of Israel: Its

grounds and regulations----

Appendix F-An offer to do business, undated, by the Samawah Cement

Public Co____.

Appendix G-Department of Commerce cover letter, undated, and an offer

to do business by the Ministry of Industry and Metals, State Organi-

zation for Engineering Industries, Housing Schemes Committee___

Appendix H-Correspondence between the subcommittee on Oversight and

Investigations and the Department of Commerce (see also appendix P) :

July 10, 1975-Hon. John E. Moss to Rauer Meyer, Director, Office

of Export Administration_.

July 24, 1975-Secretary Rogers Morton to Hon. John E. Moss, en-

closing summary of boycott information reported by exporters

through June 26, 1975---

August 22, 1975-Secretary Rogers Morton to Hon. John E. Moss,

enclosing Secretary Rogers Morton letter of August 22, 1975, to

Hon. Harley O. Staggers_

September 2, 1975-Hon. John E. Moss to Secretary Rogers Morton_.

September 9, 1975-Hon. John E. Moss to Secretary Rogers Morton__

September 12, 1975-Hon. John E. Moss to Secretary Rogers Morton__

Appendix I-Subcommittee Subpoena of July 28, 1975, to Hon. Rogers

C. B. Morton, Secretary, Department of Commerce, signed by Chairman

Harley O. Staggers_--

Appendix J-Memorandum dated September 5, 1975, by Chief Counsel and

Senior Counsel of the subcommittee on Oversight and Investigations to

Chairman John E. Moss in re Rogers Morton subpoena/Arab boycott___

Appendix K-Memorandum of Law dated September 19, 1975, by the

American Law Division, Library of Congress, to Hon. James E. Moss

in re Analysis of Attorney General opinion advising Secretary of Com-

merce that he need not comply with a congressional committee subpena__

Appendix L-Letter dated September 4, 1975, by Attorney General Edward

H. Levi to the Secretary of Commerce in re opinion concerning the sub-

pena of the Interstate and Foreign Commerce Committee_-

Appendix M-Internal Memorandum of Department of Commerce dated

September 3, 1975, by Travis E. Reed, Assistant Secretary for Domestic

and International Relations, on Department Policy on Dissemination of

Trade and Investment Opportunities Containing Restrictive Trade

Practices

Appendix N-Letter dated September 25, 1975 from Secretary Rogers Mor-

ton to Hon. John E. Moss enclosing a revised reporting form and the

Export Administration Bulletin announcing the revision; letter dated

October 2, 1975, from Hon. James H. Scheuer to Secretary Rogers Mor-

ton: letter dated March 19, 1975, from Hon. James H. Scheuer to Hon.

James E. Moss___

Appendix O-Additional correspondence between the subcommittee on

Oversight and Investigations and the Department of Justice (see also

Appendix B):

October 24, 1975-Hon. John E. Moss to Attorney General Edward H.

Levi

Related Documents-continued

Appendix P-Additional correspondence between the subcommittee on
Oversight and Investigations and the Department of Commerce (see
also Appendix H):

October 1, 1975-Secretary Rogers Morton to Hon. John E. Moss__.
October 24, 1975-Honorable John E. Moss to Secretary Rogers
Morton

October 24, 1975-Department of Commerce to Hon. John E. Moss---
November 6, 1975-Department of Commerce to Hon. John E. Moss--
November 10, 1975-Secretary Rogers Morton to Hon. John E. Moss__
Appendix Q-Correspondence between the subcommittee on Oversight and
Investigations and the RCA Corporation:

October 29, 1975-Hon. John E. Moss to RCA Corp_.

November 7, 1975–RCA Corp. to Hon. John E. Moss, enclosing letter
dated July 12, 1974 to Secretary Henry Kissinger and Department
of State reply dated October 3, 1974__
Appendix R-Memorandum of Law dated October 17, 1975, by the Ameri-
can Law Division, Library of Congress to Hon. John E. Moss in re some
Federal statutes that might have some relevance to some aspects attrib-
uted to possible attempts to implement or conform to the Arab boycott
against Israel___.

Appendix S-Memorandum of Law dated October 17, 1975, by the staff of
the subcommittee on Oversight and Investigations in re Are Arab Boy-
cott Practices Actionable Under Federal Antitrust Laws?_____
Appendix T:

Memoranda of law dated November 5, 1975, by the American Law Di-
vision, Library of Congress, to Hon. John E. Moss, in re Conse-
quences of Secretary of Commerce's Refusal to Disclose Information
to Congress Pursuant to 50 U.S.C. App. 2506(c) and Compilation of
Confidentiality Provisions Similar to section 7(c) of the Export Admin-
istration Act of 1969_.

Memorandum dated November 5, 1975, by the Library of Congress
to Hon. John E. Moss in re Compilation of Confidentiality Pro-
visions Similar to section 7 (c) of the Export Administration
Act of 1969_.

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