20610 CONGRESSIONAL RECORD-SENATE July 22, 1987 SENATE-Wednesday, July 22, 1987
(Legislative day of Tuesday, June 23, 1987) The Senate met at 9:30 a.m., on the Nevertheless, the continuous stream tion. It is clear the American people expiration of the recess, and was of revelations about these question are watching, that they are intensely called to order by the Acting President able, and ill-considered activities, interested, and that the proceedings pro tempore CMr. SANFORD]. shrouded in secrecy so as to keep Con are addressing the issues in a work gress in the dark, is focusing more and manlike, and comprehensive, thorough PRAYER more on the central question-the rule fashion. It has been and is an arduous, The Chaplain, the Reverend Rich of law as the critical principle govern grueling task. The Senate and the ard C. Halverson, D.D., offered the fol ing the day-to-day operation of the Nation are indebted to members and lowing prayer: American form of government. staff of the committee for their ef Let us pray: Indeed, the statements of the es forts. The committee has bent over • • • for the Lord seeth not as man teemed cochairmen of the investigat backward to be fair, realizing that it seeth; for man looketh on the outward ing committee, Mr. INOUYE and Mr. could be charged with unfaimess all appearance but the Lord looketh on HAMILTON, as well as the statement by too easily. the heart.-I Samuel 16: 7. Mr. MITCHELL, who was the assigned I believe it has been fair. It has been God of Abraham, Isaac and Israel, questioner of Lieutenant Colonel sober and mature and deliberate, and this morning the life and memory of a North, are eloquent reassertions of has resisted the pressures for cutting great American, Arthur Burns, will be this fundamental, cardinal tenet comers. Doing the right thing is not celebrated at a memorial service. With which distinguishes our system from the same thing as exhibiting for a boundless praise to You, we express those of totalitarian adversaries and beauty contest. Doing the right thing our gratitude for the life and service from sheer chaos. Those statements is not the same thing as acting with of this uncommon man: scholar, teach are a rich primer on the absolutely es the applause meter in mind. er, economist, servant of Presidents, sential nature of the operation of the The statements by the members of ambassador, citizen of the world, rule of law and its corollaries-the need for openness, for informed the panel reaffirm the basic need for statesman, friend. We thank You for these open hearings, for the full airing his incalculable service to our Nation debate, for the development of consen sus, and for a dynamic partner with of the facts, for a sober cleansing. The his integrity, his courage, his fierce Senate investigating body is mandated honesty, his profound understanding the oversight committees of the Con gress. I emphasize that, even in those by Senate Resolution 23, to make rec of human nature and its foibles, his ommendations for new legislation and humility, his deep love for God, the exceptional circumstances where the national interest requires a restricted amendments to existing laws, as well Bible, and people. May Your gracious as other things, to help correct the blessing and peace attend his lovely debate, and restrictions on openness, there is all the more reason to con abuses that are already apparent. lady, his partner for more than half a Clearly, the ultimate bulwark of our century, his family, and his multitude form closely to the legal requirements governing covert actions. Those are democracy is men of good faith and of friends. For this "man after God's high character who play by the rules own heart" we praise You, Lord, to precisely the circumstances in which the checks and balances of the Ameri of our game, and who win the approv Whom belongs the kingdom and the al of their policy recommendations the glory and the honor forever. Amen. can system are most vulnerable and in need of the most protection, the hard way, by winning the approval of system that we only last week met in a majority of our colleagues, repre RECOGNITION OF THE Philadelphia to commemorate, the senting a consensus to move in one di MAJORITY LEADER system in which we all rejoice. rection or another by the American The ACTING PRESIDENT pro tem I recommend a close reading of people. No one can write laws which pore. The majority leader is recog those statements, as well as others create a completely adequate substi nized. made by both Republican and Demo tute for integrity and good character. cratic Members of the panel, since we Nevertheless, a clear need for im must constantly refresh our under provements in the laws which govern THE RULE OF LAW standing of the tenets of our system, these covert operations has already Mr. BYRD. Mr. President, the Iran principles which can only be made to been demonstrated by the hearings to Contra joint investigating committee live by the concerted attention and ac date. They include the requirement is working very hard to unravel the tions of the elected officials of this for clearing up any loopholes regard full truth about the secret provision of Government, and those subordinates ing the requirement for written find lethal weapons to Iran in an attempt over whom those elected officials have ings by the President as a condition to win the release of American hos responsibility, and the American for the conduct of covert operations. tages, and the provision of proceeds people at large. Lipservice to those The whole idea of "oral findings" from that enterprise to fund military principles will not suffice. Good inten should be debunked. Second, they in assistance to the Contras at a time tions in fighting communism, in seek clude more precise notification re when such assistance was prohibited ing democracy in Nicaragua, goals quirements by the executive branch of by the Congress. It is a difficult task which are shared by all of us, will not those covert actions which must be un to sort out tt...e real truth when there excuse circumvention of the law, will dertaken in emergency situations has apparently been an epidemic of not explain the subversion of the when prior notice for good reason amnesia in the executive branch over methods by which our democracy ar cannot be given to the oversight com crucial events, when testimony is con rives at decisions and by which it im mittees-such notification should be tradictory on many of these events, plements decisions. given within 2 or 3 days after the and when the witnesses seem intent on I congratulate the chairmen and President approves, in any case. In attacking the committee for pursuing members of the committee for their those very unusual cases, notification what they did and why they did it. tremendous efforts in this investiga- should be given to a small consultative
• This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. July 22, 1987 CONGRESSIONAL RECORD-SENATE 20611 group consisting of the leadership of There being no objection, the state That same evening, ABC World News To both Houses and the leadership of the ments were ordered to be printed in night: "The understanding now is that a oversight committees. Third, no the RECORD, as follows: strike against Libya is in the works. If it agency of the Government should be comes to that, seldom will U.S. military STATEMENT BY CHAIRMAN DANIEL INOUYE action have been so widely and publicly ad exempt from the rules governing JULY 15, 1987 vertised in advance." covert actions, including, of course, Chairman INOUYE. Thank you very much. Thursday, April 10th, we are getting the National Security Council. Mr. Colonel North, Mr. Sullivan, I think we closer to the day, NBC Today Show: "Ad North and others have argued that are now at the end of a long six days. The ministration officials say that intense plan the National Security Council has questions I had cannot be answered because ning is underway for retaliation against been so exempt, and exempt from the some of those who could have answered Libya.'' restrictions of the Boland amendment these questions are not here with us and, On the same day, the New York Times: which prohibited direct or indirect furthermore, I am certain you will agree "Administration officials said that Libyan with me, that we have had enough ques military sites were the prime options under military aid to the Contras. He is dis tions here. consideration for retaliation and that puted in this assertion by other formal I'd like to first, before proceeding with my among the key possibilities are Libyan air officials, such as Mr. McFarlane. That statement, because of the call of fairness, bases near the coast, the official said that loophole, arguable as it might be, clarify the record. Much has been said coastal electronic listening posts, including should be slammed shut for good. about fairness to witness, fairness to the early warning radar sites, as well as units Fourth, the law needs to be precise in President, fairness to the Government. that pick up airplane and ship traffic, are its definition of what constitutes a In response to a question of two of my also key targets." And as we know, they covert action, since it is nowhere de fellow panel members relating to the bomb were the targets. fined today except in an Executive ing of Libya, you said, for example, today, On Friday, April 11, NBC Today Show: "When the briefing conducted by the Presi "The goal is to strike as many targets as Order. Informal or gentlemanly ar dent concluded at about 5:00 or 5:30, two possible, as close to the coast to reduce the rangements between the two branches Members of Congress"-and you meant two danger to American aircraft." on these matters have proven com Members of the Senate-"proceeded imme Saturday, April 12, New York Times: "Ad pletely insufficient, and where flexibil diately to waiting microphones" and noted ministration officials speculated that the ity is granted to the executive it seems that the President was going to make a water strip placed in abeyance, at least for to have simply been taken advantage heretofore unannounced address to the the moment, a retaliatory strike against of, a mechanism for the executive, or Nation on Libya. Libya, but officials declined to rule out a others acting in his behalf, purported "I would tell you that the volume of fire raid, even in the next 48 hours." ly, believing that he would give ap over the Libyan capital was immense that Associated Press: "The British Mail on if evening. Two American airmen died as a Sunday said Mrs. Thatcher had 'cleared the proval, asked, to evade the spirit of consequence of that antiaircraft fire, as best way for President Reagan to use British the law, and avoid the need to build a we can determine. They alerted our adver bases to launch a massive new air attack on consensus with the Congress. Fifth, saries." Libya.'" the privatization of these policy ac When the response was first made a few Another AP: "Italian Premier Bettino tions cannot be used again so as to cir days ago, I checked with senior officials of Craxi told reporters Saturday, April 12 in cumvent the laws passed by the the Senate and looked into the record. Milan, 'I don't believe there will be a mili United States Congress. First, these two Members did not stop at tary intervention there before Monday.'" Mr. President, the Iran-Contra in the bank of microphones near the White The same evening, NBC Nightly News: House. They immediately left and returned "By Monday, the diplomatic lobbying will vestigation final report is now due at to the Senate. There they were confronted be completed, and Administration sources the end of October, but in those areas by members of the press. One leader re indicate that means a strike could come as in which legislative action could be sponded, "No comment." The other said, early as Tuesday.'' taken by the Intelligence Committee, "You should ask the President the question. Washington Post: "After consulting con at the recommendation of the investi He might have something to say tonight at servative Prime Minister Jacques Charac by gating committee, an interim package 9:00." telephone, Mitterand decided to reject the of legislative proposals might be con The 18 U.S. F-llls left Britain on U.S. request for overflight rights, and the sidered. Indeed, Senate Resolution 23, Monday, April 14 at 12:13 p.m. The briefing French refusal was communicated to Wash began at 4:00 and the bombs fell at 7:00. ington the following morning, Saturday, which created the Iran-Contra Investi However, a week before the bombing, CBS April 12.'' gating Committee this past January, Evening News had this to say: "Top U.S. of And the day before the bombing, NBC does provide for such interim reports ficials acknowledge that detailed military Nightly News: "Administration officials say to the Senate as are considered appro contingency plans for retaliation already the President moving towards a decision priate. The working relationship be exist. Said one source, 'They involve five about whether to make a retaliatory strike tween the Intelligence Committee and targets in Libya.' " against Libya, and White House officials the Iran-Contra Investigating Com On the same day, the Wall Street Journal confirm the President will have a special na mittee has been excellent, and is as had this to say: "U.S. officials are putting tional security meeting tomorrow to evalu out the word that they are laying the ate the situation. Today, the President con sisted by considerable overlap in the groundwork for possible retailiatory actions ferred with Vice President Bush and Secre Membership of those two bodies. I against Libya for a suspected involvement in tary of State Shultz, both of whom are be look forward to the remainder of the the bombing of a West Berlin discotheque." lieved to favor a military strike. Notably investigation and to the recommenda Then the next day, Tuesday, April 8, the absent from the Camp David meeting was tions and report of the committee. I Wall Street Journal, again: " 'Reagan and Defense Secretary Weinberger, who is be applaud the Members of both Houses his advisers are united in wanting to re lieved to oppose such action." who sit on the investigating body. I be spond militarily against Qadhafi but I think it is grossly unfair to suggest that lieve the serious and careful approach haven't agreed on a time or place to strike two American lives were lost because one back,' a senior administraUon official said." leader said, "No comment," and the other they have taken to this difficult task On the same day, CBS l!::vc!ling News: said, "I believe you should ask the Presi will, in years to come, serve as a model "Forty-eight hours after the bombing in dent. He may have something to say tonight and a reminder to future administra West Berlin, the Reagan Administration has at 9." tions of the unnecessary and corrosive reached a consensus for military retaliation From the beginning of the history of man damage that an over-reliance on secre against Libya." kind, organized societies, whether they be cy and deception and lying brings to On Wednesday, April 9, CBS Evening tribes or clans or nations, have nurtured our great system of government. News: "According to a highly-placed source, and created heroes, because heroes are nec Mr. President, I ask unanimous con President Reagan has approved another essary to serve as a cement to unite people, possible military strike against Libya. The to bring unity in that nation. sent that statements by Chairman White House denied rumors today that a It provides glory to their history. It pro INOUYE, dated July 15, 1987; Chairman military response was already underway, vides legends. We have many heroes. This HAMILTON, dated July 15, 1987; and but a well-placed intelligence source said hearing is being held in Washington, the Senator MITCHELL, dated July 14, 1987 that a military response has been ap city of heroes, the city of monuments. We be printed in the RECORD. proved." have hundreds of monuments in this city. 20612 CONGRESSIONAL RECORD-SENATE July 22, 1987 In the Capitol, in Statuary Hall, each question in which the answer is known to be world know that we do have failure and we State has honored two of their heroes or false." do have shortcomings. heroines. The State of Hawaii honors King The words "mislead" or "deceive" were de I think all of us will recall the open invita Kamehameha, the Warrior King, and fined as follows: "A deliberate misrepresen tion that we sent to the press of the world Father Damien, who is soon to become a tation of a true situation by being untruth to view the space flights, to record our suc saint. ful or withholding or subtly wording infor cesses and record our failures. And if you step on the west steps of the mation in such a way as to leave an errone We permit all to film and record our space Mall and look down the majestic Mall, you ous or false impression of a known true situ flights. We don't after the fact let the world will see the Monument of George Washing ation." know only of our successes. And I think we ton, very majestic. I remember as a child, And when the colonel put on his uniform should recall that we did not prohibit any long before I heard of the Revolutionary and the bars of a second lieutenant, he was member of the world press to film and War, that one day George Washington was well aware that he was subject to the Uni confronted by his father, who asked, "Who form Code of Military Justice. It is a special record one of the bloodiest chapters of our cut the cherry tree?" And little George an code of laws that apply to our men and domestic history, the demonstration and swered, "Father, I cannot lie. I cut the women in uniform. riots in the civil rights period. cherry tree." It was an important lesson to It is a code that has been applicable to the This was not easy, to let the world know all little children, and I believe it still is a conduct and activities of Colonel North that we had police dogs and police officers very important lesson. throughout his military career, and even at with whips and clubs denying fellow citizens Then, if you go further down, you will see this moment. And that code makes it abun their rights, but I have always felt that as the Lincoln Memorial, where we honor a dantly clear that orders of a superior officer long as we daily reaffirm our belief in and great President for the courage he demon must be obeyed by subordinate members. support of our Constitution and the great strated in upholding the brotherhood of But it is lawful orders. principles of freedom, that was long ago man. It wasn't easy during those days. The uniform code makes it abundantly enunciated by our Founding Fathers, we Then you have Arlington, a sacred place. clear that it must be the lawful orders of a will continue to prevail and flourish. Men you served with and men I served with superior officer. I would like to make one more closing use that as their final resting place, all In fact, it says, "Members of the military remark. Throughout the past ten days, heroes. have an obligation to disobey unlawful many of my colleagues on this panel in Then you have Lee's Mansion. This was orders." opening their questions to the Colonel, pre the home of the great gentleman from Vir This principle was considered so impor faced their marks by saying, "Colonel, I am ginia. We honor him today for his great tant that we, we the Government of the certain you know that I voted for aid to the demonstration of loyalty and patriotism. United States, proposed that it be interna contras." And as we get back to the Lincoln Memo tionally applied in the Nuremberg trials and Ladies and gentlemen and Colonel North, rial and nearby, we see this new and excit so in the Nuremberg trials, we said that the ing monument, one to your fellow combat fact that the defendant-- I voted against aid to the contras. I did so men, the Vietnam Memorial. Chairman INOUYE. Colonel North, I am not as a communist. I did so not as an agent I believe during the past week, we have certain it must have been painful for you as of the KGB. I did so upon information that participated in creating and developing very you stated to testify that you lied to senior I gathered as a member of the bipartisan likely a new American hero. officials of our Government, that you lied Commission on Central America based upon Like you, who has felt the burning sting and misled our Congress and believe me it information that I gathered as Chairman of of bullet and shrapnel and heard the unfor was painful for all of us to sit here and the Foreign Operations Committee, based gettable and frightening sounds of incoming listen to that testimony. It was painful. upon information that I gathered as a shells, I salute you, sir, as a fellow combat It was equally painful to learn from your senior member of the Defense Subcommit man; and the rows of ribbons that you have testimony that you lied and misled because tee, and based upon information that I on your chest forever remind us of the cou of what you believed to be a just cause, sup gathered as Chairman and a Member of the rageous service and your willingness, your porters of Nicaraguan freedom fighters, the Senate Intelligence Committee. patriotic willingness to risk your life and contras. I voted against aid to the contras. It you limb. You have eloquently articulated your op wasn't easy to vote against your Command I am certain the life and burdens of a hero position to Marxism and communism and I ing Chief. It is not easy to stand before my will be difficult and heavy; and so, with all believe that all of us, I am certain all of us colleagues and find yourself in disagree sincerity, I wish you well as you begin your on this panel, are equally opposed to Marx ment, but that is the nature of democracy. journey into a new life. ixm and communism. I did so because I was firmly convinced However, as an interested observer, and as But should we in the defense of democra that to follow the path or the course that one who has participated in the making of cy adopt and embrace one of the most im was laid down by the Reagan proposal this new American hero, I found certain as portant tenets of communism and Marxism, pects of your testimony to be most trou the ends justify the means? would certainly and inevitably lead to a bling. Chairman Hamilton has eloquently This is not one of the commanders of de point where young men and women of the discussed them. mocracy. Our Government is not a Govern United States would have to be sent into the Because, as a result of your very gallant ment of men, it is still a Government of conflict, and Colonel, I am certain, having presence, and your articulate statements, laws. experienced warfare, that is not what we your life, I am certain, will be emulated by And finally, to those thousands upon want our young people to go through again. many, many young Americans. I am certain thousands of citizens who have called, sent You have lost many friends and their we will, all of us, receive an abundance of re telegrams, and written letters, I wish to names now are engraved on the black quests from young citizens throughout the thank all of you most sincerely and com marble. I have lost many friends who are land for entrance into the privileged ranks mend you for your demonstrated interest in buried throughout this land. I know that of cadets of the Military Services. the well being of our Government, of our the path of diplomacy is frustrating, at These young citizens, having been imbued freedoms and our democracy. times angering, but I would think that we with the passion of patriotism, will do so; Your support or opposition of what is should give it a chance if it means that with and to these young men and women, I wish happening in this room is important, impor some patience we would save even one life, to address a few words: tant because it dramatically demonstrates and so that is why I wish my colleagues to In 1964, when Colonel North was a cadet, the strength of this democracy.We Ameri know that I voted against aid to the Nicara he took an oath of office like all hundreds cans are confident in our strength to openly guan freedom fighters. throughout the service academies. And he and without fear put into action one of the This has been a long day. I know that all also said that he will abide with the regula important teachings of our greatest Found of us are desirous of a rest. tions which set forth the cadet honor con ing Father, Thomas Jefferson, who spoke of cept. the right to dissent, the right to criticize the Colonel North, with all sincerity, I thank The first honor concept, first because it is leaders of this Government and he said, you for your assistance these past six days. so important, over and above all others, is a "The spirit of resistance to Government is You have been most cordial, and your pres very simple one: A member of the brigade so valuable on certain occasions that I wish ence here should make your fellow officers does not lie, cheat, or steal. And in this reg it to be always kept alive. It will often be ex very proud of the way you have presented ulation of 1964, the word "lie" was defined ercised when wrong, but better so than not yourself. as follows: to be exercised at all." And to your lady, I wish her the best. She "A deliberate oral or written untruth; it Unlike communism, in a democracy such has sat there throughout these days with may be an oral or written statement which as ours we are not afraid to wash our dirty patience and grace. You have a fine lady. is known to be false or simple response to a linen in public. We are not afraid to let the July 22, 1987 CONGRESSIONAL RECORD-SENATE 20613 STATEMENT BY CHAIRMAN, LEE HAMILTON, foreign policy, and that most certainly is lied to. Foreign policies were created and JULY 15, 1987 not your fault. And I agree with you that carried out by a tiny circle of persons, ap Chairman HAMILTON. Mr. Chairman, may the Congress, whose record in all of this is parently without the involvement of even I express to you my personal appreciation certainly not unblemished, also must be ac some of the highest officials of our govern for the manner in which you have presided countable for its actions. ment. The administration tried to do secret over these committees these last several Now, let me tell you what bothers me. I ly what the Congress sought to prevent it days. You have had some rather difficult want to talk about two things; first policy, from doing. The administration did secretly moments. I think you have been firm and and then process. what it claimed to all the world it was not fair, and you have kept these proceedings Chairman Inouye correctly said that the doing. Covert action should always be used moving along, and all of us are more grate business of these select committees is not to supplement, not to contradict, our for ful to you. policy, and I agree with him. But you made eign policy. It should be consistent with our Colonel North, let me join with others in such an eloquent and impassioned state public policies. It should not be used to expressing my appreciation to you for your ment about policy that I wanted to com impose a foreign policy on the American testimony and, as the Chairman has indicat ment. people which they do not support. ed, I will use my time just to give you some I am very troubled by your defense of Mr. McFarlane was right. He told these of my impressions. secret arms sales to Iran. There is no dis committees it was clearly unwise to rely on I recognize that a President and those car agreement about the strategic importance covert action as the core of our policy; and, rying out his policies sometimes face agoniz of Iran or the desirability of an opening to as you noted in your testimony, and I agree ing choices, and you have had more than Iran. My concern is with the means em with you, it would have been a better course your share of them. I have never for a ployed to achieve those objectives. to continue to seek contra funding through moment over the years that I have known The President has acknowledged that his open debate. You have spoken with compel you doubted your good intentions to free policy as implemented was an arms-for-hos ling eloquence about the Reagan Doctrine. hostages, to seek democracy in Nicaragua, tage policy, and selling arms to Iran in Laudable as that doctrine may be, it will not to fight communism, and to advance the secret was, to put it simply, bad policy. The succeed unless it has the support of the best interests of the nation. And for many policy contradicted and undermined long Congress and the American people. in this country, I think the pursuit of such held, often articulated, widely supported Secondly, with regard to process, let me worthy objectives is enough in itself or in public policies in the United States. It repu talk about accountability. What I find lack themselves to exonerate you and any others diated U.S. policy to make no concessions to ing about the events, as you have described from all mistakes. terrorists, to remain neutral in the Gulf them, is accountability. Who was responsi Yet, what strikes me in that despite your war, and to stop arms sales to Iran. ble for these policies? For beginning them? very good intentions, you were a participant We sold arms to a nation officially desig For controlling them? For terminating in actions which catapulted a President into nated by our government as a terrorist them? You have said that you assumed you the most serious crisis of his Presidency, state. This secret policy of selling arms to were acting on the authority of the Presi drove the Congress of the United States to Iran damaged U.S. credibility. A great dent. I don't doubt your word, sir, but we launch an unprecedented investigation, and power cannot base its policy on an un-truth have no evidence of his approval. The Presi I think probably damaged the cause or the without a loss of credibility. Friendly gov dent says he did not know that the National causes that you sought to promote. ernments were deceived about what we were Security Council staff was helping the con It is not my task, and it is not the task of doing. You spoke about credibility of U.S. tras. You thought he knew, and you en these committees, to judge you. As others policy in Central America. You were right gaged in such activities with extraordinary have said, we are here to learn what went about that. But in the Middle East, mutual energy, wrong, what caused the mistakes and what trust with some friends was damaged, even You do not recall what happened to the we can do to correct them. And the appro shattered. The policy of arms for hostages five documents on the diversion of funds to priate standard for these committees is sent a clear message to the states of the the contras. Those documents radically whether we understand the facts better be Persian Gulf, and that message was that the changed American policy. They are prob cause of your testimony, and I think we do, United States is helping Iran in its war ably, I would think, the most important doc and we are grateful to you. effort and making an accommodation with uments you have written. Yet you don't In your opening statement you said that the Iranian Revolution and Iran's neighbors recall whether they were returned to you, these hearings have caused serious damage should do the same. and you don't recall whether they were de to our national interest. But I wonder The policy provided the Soviets an oppor stroyed, as I recall your testimony. whether the damage has been caused by tunity they have now grasped and with There is no accountability for an $8 mil these hearings or by the acts which prompt which we are struggling to deal. The policy lion account earned from the sale of U.S. ed these hearings. I wonder whether you achieved none of the goals it sought. The Government property. There is no account would have the Congress do nothing after it Ayatollah got his arms, more Americans are ability for a quarter of a million dollar ac has been lied to and misled and ignored. held hostage today than when this policy count available to you. You say you never Would we in the Congress then be true to began, subversion of U.S. interests through took a penny. I believe you. But we have no our constitutional responsibilities? Is it out the region by Iran continues, moderates records to support or to contradict what you better under our system to ignore misdeeds, in Iran-if any there were-did not come say. Indeed, most of the important records or to investigate them behind closed doors forward, and today those moderates are concerning these events have been de as some have suggested, or is it better to showing fidelity to the Iran Revolution by stroyed. Your testimony points up confusion bring them into the open and try to learn leading the charge against the United throughout the foreign policy making proc from them? States in the Persian Gulf. ess. You have testified that Director Casey I submit that we are truer to our Constitu In brief, the policy of selling arms to Iran, sought to create an on-the-shelf, self-sus tion if we chose the latter course. in my view at least, simply cannot be de taining, stand-alone entity to carry out These commiittees, of course, build on the f ended as in the interests of the United covert actions apparently without the work of other committees and I think that States. There were and there are other knowledge of other high officials in the gov work is part of our constitutional system of means to achieve that opening which should ernment. checks and balances. have been used. You have testified there was an unclear There are many parts of your testimony Now, let me comment on process as well. commitment to Israel concerning replenish that I agree with. I agree with you that First, with regard to the covert actions, you ment of missiles to Iran. You have testified these committees must be careful not to and I agree that covert actions pose very that it has never been U.S. policy not tone cripple the President. I agree with you that special problems for a democracy. It is, as gotiate with terrorists; yet the President has our Government needs the capability to you said, a dangerous world, and we must be said the opposite, that we will never negoti carry out covert actions. able to conduct covert actions, as every ate with terrorists. You have testified that a During my six years on the Intelligence member of this panel has said, but it is con lot of people were willing to go along with Committee, over 90 percent of the covert ac trary to all that we know about democracy what we were doing, hoping against hope tions that were recommended to us by the to have no checks and balances on them. that it would succeed, and willing to walk President were supported and approved, and We established a lawful procedure to handle away when it failed. only the large-scale paramilitary operations, covert actions. It is not perfect by any My guess is that is a pretty accurate de which really could not be kept secret, were means, but it works reasonably well. scription of what happened, but it is not the challenged. In this instance, those procedures were ig way to run a government. Secret operations I agree with you when you said in your nored. There was no Presidential finding in should pass a sufficient test of accountabil opening statement that you were caught in one case and a retroactive finding in an ity, and these secret operations did not pass a struggle between the Congress and the other. The Intelligence Committees of the that test. There was a lack of accountability President over the direction of American Congress were not informed, and they were for funds and for policy, and responsibility 20614 CONGRESSIONAL RECORD-SENATE July 22, 1987 rests with the President. If he did not know The few do not know what is better for sider us unrealiable than that we say one of your highly significant activities done in Americans than Americans know them thing in public and secretly do the opposite. his name, then he should have, and we will selves. If I understand our government cor And that's exactly what was done when obviously have to ask Admiral Poindexter rectly, no small group of people, no matter arms were sold to Iran and arms were some questions. how important, no matter how well inten swapped for hostages. The next point, with regard to process, re tioned they may be, should be trusted to de Now, you have talked a lot about patriot lates to your attitude toward the Congress. termine policy. As President Madison said, ism and the love of our country. Most na As you would expect, I am bothered by your "Trust should be placed not in a few but in tions derive from a single tribe, a single comments about the Congress. You show a number of hands." race; they practice a single religion. very little appreciation for its role in the Let me conclude. Your opening statement Common racial; ethnic religious heritages foreign policy process. You acknowledge made the analogy to a baseball game. You are the glue of nationhood for many. The that you were "erroneous, misleading, eva said the playing field here was uneven and United States is different; we have all races, sive, and wrong" in your testimony to the the Congress would declare itself the all religions, we have a limited common her Congress. I appreciate, sir, that honesty can winner. I understand your sentiments, but itage. The glue of nationhood for us is the be hard in the conduct of government, but I may I suggest that we are not engaged in a American ideal of individual liberty and am impressed that policy was driven by a game with winners and losers. That ap equal justice. The rule of law is critical in series of lies: lies to the Iranians, lies to the proach, if I may say so, is self-serving and our society. It's the great equalizer, because Central Intelligence Agency, lies to the At ultimately self-defeating. We all lost. in America everybody is equal before the torney General, lies to our friends and The interests of the United States have law. We must never allow the end to justify allies, lies to the Congress, and lies to the been damaged by what happened. This the means where the law is concerned. How American people. country cannot be run effectively when ever important and noble an objective, and So often during these hearings, not just major foreign policies are formulated by surely democracy abroad is important and is during your testimony, but others as well, I only a few, and are made and carried out in noble. It cannot be achieved at the expense have been reminded of President Thomas secret, and when public officials lie to other of the rule of law in our country. And your Jefferson's statement: "The whole art of nations and to each other. diversity is very broad. government consists in the art of being One purpose of these hearings is to You talked about your background and it honest." change that. The self-cleansing process, the was really very compelling, and is obviously Your experience has been in the Execu Tower Commission, and these joint hear one of the reasons why the American people tive Branch, and mine has been in the Con ings, and the report which will follow, are are attracted to you. gress. Inevitably our perspectives will differ. all part, we hope, of a process to reinvigo Let me tell you a story from my back Nonetheless, if I may say so, you have an rate and restore our system of government. ground. Before I entered the Senate I had extraordinarily expansive view of Presiden I don't have any doubt at all, Colonel the great honor of serving as a federal tial power. You would give the President North, that you are a patriot. There are judge. In that position I had great power. free rein in foreign affairs. You said on the many patriots in this country, fortunately, The one I most enjoyed exercising was the first day of your testimony, and I quote, "I and many forms of patriotism. For you, per power to make people American citizens. didn't want to show Congress a single word haps patriotism rested in the conduct of From time to time I presided at what we call deeds, some requiring great personal cour nationalization ceremonies; they're citizen on this whole thing." age, to free hostages and fight communism. I do not see how your attitude can be rec And those of us who pursue public service ship ceremonies. These are people who onciled with the Constitution of the United with less risk to our physical well-being came from all over the world, risked their States. I often find in the Executive Branch, admire such courage. lives, sometimes left their families and their in this administration, as well as others, a But there's another form of patriotism fortunes behind to come here. They had view that the Congress is not a partner but which is unique to democracy. It resides in gone through the required procedures, and I an adversary. The Constitution grants for those who have a deep respect for the rule in the final act administered to them the eign policy making powers to both the of law and faith in America's democratic oath of allegiance to the United States, and President and the Congress and our foreign traditions. To uphold our Constitution re I made them American citizens. To this policy cannot succeed unless they work to quires not the exceptional efforts of the few moment, to this moment it was the most ex gether. You blame the Congress as if the re but the confidence and the trust and the citing thing I have ever done in my life. strictions it approved were the cause of mis work of the many. Ceremonies were always moving for me takes by the administration; yet Congres Democracy has its frustrations. You've ex because my mother was an immigrant, my sional restrictions in the case of Nicaragua perienced some of them, but we-you and father the orphan son of immigrants. Nei if the polls are accurate-reflected the ma I-know of no better system of government; ther of them had any education and they jority view of the American people. and when that democratic process is sub worked at very menial tasks in our society. In any case, I think you and I would agree verted, we risk all that we cherish. But because of the openness of America, be that there is insufficient consensus on I thank you, sir, for your testimony, and I cause of equal justice under law in America, policy in Nicaragua. Public opinion is deeply wish you and I wish your family well. I sit here today a United States Senator. divided, and the task of leadership, it seems And after every one of these ceremonies I to me, is to build public support for policy. made it a point to speak to these new Amer STATEMENT OF SENATOR MITCHELL, JULY 14, If that burden of leadership is not met, icans, I asked them why they came, how secret policies cannot succeed over the long 1987 they came, and the stories, each of them, term. You have talked here often eloquently was inspiring. I think you would be interest The fourth point with regard to process about the need for a democratic outcome in ed and moved by them given the views that relates to means and ends. As I understand Nicaragua. There's no disagreement on that. you have expressed on this country. your testimony, you did what you did be There's disagreement as how best to achieve And when I asked them why they came cause those were your orders and because that objective. Many Americans agree with they said several things, mostly two. The you believed it was for a good cause. I the President's policy; many do not. Many first is they said we came because here in cannot agree that the ends justified these patriotic Americans, strongly anti-commu America everybody has a chance, opportuni means, that the threat in Central America nist, believe there's a better way to contain ty. And they also said over and over again, was so great that we had to do something, the Sandinistas, to bring about a democratic particularly people from totalitarian soci even if it meant disregarding constitutional outcome in Nicaragua and to bring peace to eties, we came here because here in America processes, deceiving the Congress and the Central America. you can criticize the government without American people. The means employed were Many patriotic Americans are concerned looking over your shoulder. Freedom to dis a profound threat to the democratic proc in the pursuit of democracy abroad we agree with the government. ess. cannot compromise it in any way here at Now, you have addressed several pleas to A democratic government, as I understand home. You and others have urged consisten this committee very eloquently. None more it, is not a solution, but it is a way of seeking cy in our policies, you have said repeatedly eloquent than last Friday when in response solutions. It is not a government devoted to that if we are not consistent our allies and to a question by Representative Cheney you a particular objective, but a form of govern other nations will question our reliability. asked that Congress not cut off aid to the ment which specifies means and methods of That is a real concern. But if it's bad to contras for the love of God and for the love achieving objectives. Methods and means change policies, it's worse to have two dif of country. I now address a plea to you. Of are what this country is all about. If we sub ferent policies at the same time; one public all the qualities which the American people vert our democratic process to bring about a policy and an opposite policy in private. It's find compelling about you, none is more im desired end, no matter how strongly we may difficult to conceive of a greater inconsisten pressive than your obvious deep devotion to believe in that end, we have weakened our cy than that. It's hard to imagine anything this country. Please remember that others country, and we have not strengthened it. that would give our allies more cause to con- share that devotion and recognize that it is July 22, 1987 CONGRESSIONAL RECORD-SENATE 20615 possible for an American to disagree with dent's heart that North or Poindexter The answer to that, Mr. President, is you on aid to the contras and still love God or both would have reported the truth available in our new technology. We and still love this country just as much as about this crucial transfer to the Con you do. can transfer millions of pieces of infor Although he's regularly asked to do so, tras to their chief? Polls indicate that mation to a single computer chip. A God does not take sides in American poli the American people believe that the small file box can hold a literally infi tics. And in America, disagreement with the President is lying when he says he did nite amount of detailed documenta policies of the Government is not evidence not know about this diversion of Iran tion. So we can forget the alibi that we of lack of patriotism. money to the Contras. The evidence will run out of space if we safeguard I want to repeat that: In AIJ:ierica, dis proving or disproving this has been critical material. agreement with the policies of the Govern shredded. The second objection to a law safe ment is not evidence of lack of patriotism. Would North, Poindexter, and the Indeed, it is the very fact that Americans guarding the material is that the in can criticize their Government openly and others fear that the written, docu formation is too dangerous to preserve without fear of reprisal that is the essence mented evidence would be likely to at all, too sensitive, too threatening to of our freedom, and that will keep us free. expose any lie they told under oath our national security and to the lives I have one final plea. Debate this issue before the Joint Committee as crimi of brave and patriotic Americans who forcefully and vigorously as you have and as nal perjury and result in a jail sen are engaged in intelligence activities. you surely will, but, please, do it in a way tence? Maybe. But they had shredded that respects the patriotism and the motives Of course this objection has merit. the evidence meticulously. So, they're But is it beyond the capacity of this of those who disagree with you, as you taking a gamble. But isn't that the would have them respect yours. country to provide a system of truly Thank you very much, Colonel. name of the game they are playing? safeguarding such information? It is Mr. President, it is time the Con one thing for a briefing officer to walk gress stopped this practice of shred into a room and discuss classified in RESERVATION OF THE ding or destroying critical documented formation with a hundred or more REPUBLICAN LEADER'S TIME national security information to pro persons present, including elected offi Mr. BYRD. Mr. President, I ask tect the President. I have tried to do cials and Presidentially appointed offi unanimous consent that the time of this before. But I failed. On November 21, 1986, I suggested to the office of cials. If that briefing officer discusses the distinguished Republican leader information that-if publicly re be reserved for his use later in the the Senate Democratic leader, ROBERT BYRD that he call on William Webster leased-could endanger the life of day. Americans or the national security, he The ACTING PRESIDENT pro tem then FBI Director to move at once to locate, collect, secure, catalog, and is taking a risk. Under such circum pore. Without objection, it is so or stances no system to safeguard the na dered. safeguard all files, documents, and other materials related to the Iran tional security or the lives of Ameri arms sale, the diversion of these funds cans can be perfectly effective. But it MORNING BUSINESS to assist the Contra forces in Central is far safer to place the information in The ACTING PRESIDENT pro tem America and the use of Swiss bank ac a secure place under lock and key and pore. Under the previous order, there counts for this purpose. Senator BYRD guard, so the information can only be will now be a period for the transac agreed. He wrote the FBI Director released under carefully monitored cir tion of morning business not to extend Webster making the request that the cumstances. Again, there is a risk. But beyond 10 a.m. with Senators permit FBI assure the safeguarding of the the risk can be much more limited. ted to speak therein for not to exceed documents. So what happened? The And we can preserve the vital capacity 5 minutes. shredding went ahead anyway. The of the nation to prevent unlawful con The Senator from Wisconsin. documents were destroyed. The Con duct by our President or his agents. gress and the country will never know For these reasons I urge the Inouye the truth. Hamilton committee to consider as LET'S STOP SHREDDING OF Now Mr. President, this is not the one of their recommendations a proce VITAL NATIONAL SECURITY first time this destruction of crucial dure which, henceforth, will fully pro DOCUMENTATION documentation of illegal activity by a tect the documentation affecting the Mr. PROXMIRE. Mr. President, in President or subordinate acting for foreign policy and national security listening to the testimony of Colonel him has taken place. The same thing activities of our Presidents. We have North, Admiral Poindexter, and others happened in the Watergate case. been burned twice now. Thirteen years at the Iran-Contra hearings, I am re There too I tried to persuade our law ago it was the Watergate shredding. minded of a song written a few years enforcement authorities to safeguard This time it is the Iran-Contra shred ago by Lerner and Lane. The song title critical material. But what happened? ding. If we fail to act after these two was: "How Can You Believe Me When In Watergate too the shredding went tragic experiences in which evidence I Say I Love You When You Know merrily on, destroying critical docu was deliberately destroyed, we can I've Been a Liar All My Life?" Now, in ments, essential to determine the count on a future President in 5 or 10 testimony before the Congress and the truth. or 15 years from now to once again country, these witnesses admit they Mr. President, it is time we put an give in to the temptation to use his lied again and again and again. And end to this easy way for Presidents to great power to violate a law he doesn't why did they lie? To protect the Presi avoid accountability for their unlawful like. dent. So doesn't it seem logical to acts. We can and should stop the assume that when they are asked shredding of all relevant documents. whether they had ever told the Presi Why not? Well there are two objec JULY GOLDEN FLEECE GOES TO dent about the diversion of profits tions we will certainly encounter to DEPARTMENT OF COMMERCE from the Iran arms sale, and when legislation that would automatically Mr. PROXMIRE. Mr. President, my they know that if they answered "yes, and surely preserve such crucial docu Golden Fleece Award for the month I have told the President," it would mentation. First we will be told that for July goes to the Department of put their Commander in Chief in jeop shredding must occur. Why? Because Commerce for a see no evil policy per ardy, that once again they would not if the Government did not destroy the mitting local authorities to so misman hestitate to lie, if necessary, to protect colossal amount of paper generated in age a federally funded, revolving loan their Commander in Chief? And this city we would shortly be buried program that the local economy was doesn't it seem overwhelmingly likely under a mountain of paper 10 miles hurt rather than helped and $1.3 mil that some time in the long months of high, covering not only the District of lion-over 90 percent-of the money this transaction so dear to the Presi- Columbia but much of the country. was lost. In one case, $95,000 was used 20616 CONGRESSIONAL RECORD-SENATE July 22, 1987 to hijack 45 jobs from another part of program. How much of the $1,400,000 ing is taken into account, the total the country. In another, EDA stood by have they recovered? About $92,000- impact on the State's economy could while a $700,000 loan was frittered or 6 percent-meaning that the tax amount to roughly $1.5 billion, with away over 7 years, leaving the taxpay payers took a $1,300,000 bath. some 16,000 new jobs created through ers with zilch. The Economic Development Admin out all sectors of the State's economy. The Economic Development Admin istration is a $215 million a year eco This level of growth on a national istration CEDAl, stands for: no econo nomic dinosaur. This fleece is one ex scale establishes the composites indus my, no administration, and precious ample-one of many-of why Congress try as a potential job creating machine little development. Instead of provid should put a stop to this waste. Here is for the entire economy. Our national ing as many new jobs as promised, one program that should be killed preeminence in this field of research, EDA did a job on the American tax before taxes are raised. however, is by no means assured. payer. Unless we focus on the transfer of The Department of Commerce's Eco COMPOSITES TECHNOLOGY composites technology from the lab to nomic Development Administration the factory floor, we will concede this gives grants to local areas to establish Mr. ROTH. Mr. President, in the technological breakthrough to our for revolving loan programs. Local au last decade our Nation has entered a eign competition as we have in so thorities are expected to use the funds new era of international competition. Today we face new challenges in over many other areas. to make loans which will further eco If the demonstration effort I pro nomic development, increase incomes, seas markets and in our once secure domestic market as well. Our ability to pose today produces the results I envi and reduce unemployment. EDA offi sion, manufacturing technology cen cials are required to supervise the compete in this international setting local programs to see that these goals depends increasingly on the develop ters could be established in other are accomplished. ment and commercial exploitation of areas such as computer chips and The turn-a-blind-eye approach to re new technologies. boards, casting, forging, advanced elec viewing one community's loan pro While the United States retains its tronics and biochemistry, for example. gram resulted in questionable, improp world leadership in many fields of The operation of these centers would er, and illegal loans being made over basic research, we are not adequately be modeled on the proposed compos the past several years. According to applying this research to the develop ites institute which would develop in the Department of Commerce's own ment of high quality, price competi novations originating from industry, auditors, the less than eagled-eye EDA tive consumer and industrial products. universities, individual entrepreneurs, officials missed the following: This failure is reflected in our increas and from Government labs and con The loan portfolio was in poor condition ing reliance on foreign made value tractors. Promising technologies devel at best, and certain loan practices had hin added products, in our chronic trade oped at the institute will be spun off dered rather than stimulated the local econ deficits and in the often repeated pat to the private sector where they will omy. For example, four loans were approved tern of product markets here and be advanced to the final product stage by the city council rather than the industri abroad dominated by foreign goods de and marketed here at home and al board, with no loan applications having abroad. Materials with a national secu been submitted and with insufficient funds veloped from our breakthroughs in to cover them. Two years later, funding for the lab. rity application developed at the insti two of the loans still had not been dis One means of upgrading our manu tute will help to provide the Defense bursed. The delay disrupted planning and facturing technology and better using Department with a steady stream of created private financing problems for the it to create marketable commercial lower cost, .nigh-quality materials and intended borrowers. products is the creation of manufac products. Loan records show, and City officials con turing technology centers. Such cen Support for the institute will come firmed, that the initial loan . . ., which is from a partnership of Federal and now in default, was never monitored or serv ters would be located near industry iced throughout the seven years the compa and academic research centers with a State government, industry, and aca ny was operating and in financial trouble. shared technology interest. In bring demic interests. The Federal Govern Although the grantee may not have been ing together the talents of industry ment contribution will be provided able to prevent the company from ultimate and academia, the centers would serve from existing Defense Department re ly defaulting on the loan, adequate loan to move basic technologies through search and development funds. Thus, monitoring may have helped reduce the the high risk, middle stages of devel the legislation I am proposing today $700,000 loss to the RLF. Similarly, there calls for the authorization of no new has been no monitoring of the other loans. opment to the point where private in To further exemplify the grantee's poor dustry could design and market com public funds for this research and de RLF management, our review revealed that mercial products. velopment effort. Today we spend the Board knowingly violated the job relo Several weeks ago I introduced legis more than 70 percent of the Nation's cation prohibition. Title 13 of the Code of lation to create a prototype manufac Government sponsored research and Federal Regulations July 22, 1987 CONGRESSIONAL RECORD-SENATE 20619 from the tax rolls. However, the job of Mr. PRYOR. Mr. President, I appre bled when called to order by the Pre tax reform is not finished. Reform of ciate the cosponsorship of the Senator siding Officer [Mr. GRAHAM]. IRS' policies and agents' attitudes from New York, Senator D'.AMATo. I The PRESIDING OFFICER. The toward the public must be addressed. know he will join in this effort to Chair recognizes the majority leader. This is especially true since Congress make S. 604 the law of the land. is relying on increased IRS enforce In the last several minutes we have EXTENSION OF MORNING ment to reduce the budget deficit. Pas picked up another cosponsor of S. 604. BUSINESS sage of a taxpayers' bill of rights will I ask unanimous consent that the finish the job of tax reform. name of Senator TERRY SANFORD of Mr. BYRD. Mr. President, I ask Year after year the American public North Carolina be added as an original unanimous consent that the period for has identified the IRS as the most dis cosponsor of S. 604 along with Senator morning business be extended for 15 liked, mistrusted agency of the Feder WIRTH and Senator D'AMATO. minutes under the restrictions previ al Government. As usual the public The PRESIDING OFFICER. With ously ordered for today. has just cause for concern. The IRS out objection, it is so ordered. The PRESIDING OFFICER. With acts as a government within a govern Mr. PRYOR. Mr. President, I yield out objection, it is so ordered. ment and treats the taxpaying public the floor. Mr. BYRD. Mr. President, I suggest as the enemy. the absence of a quorum. Mr. President a taxpayers' bill of The PRESIDING OFFICER. The rights will force the IRS to deal with ORDER OF PROCEDURE clerk will call the roll. the public in a fair and equitable Mr. BYRD. Mr. President, Mr. The assistant legislative clerk pro manner. The legislation requires the CHILES, Mr. DOMENIC!, and others are ceeded to call the roll. Treasury Department to prepare a busily engaged in the effort to develop Mr. BYRD. Mr. President, I ask statement explaining both the taxpay a bipartisan approach on the debt unanimous consent that the order for ers' and the IRS' rights during an limit extension. They will need some the quorum call be rescinded. audit. This will allow taxpayers to un additional time. I have just talked to The PRESIDING OFFICER. With derstand their rights and obligations Mr. CHILES. out objection, it is so ordered. before the audit process begins. Cur In order to give them additional rently a taxpayer must ask the IRS time, and in the long run I feel it will ORDER OF PROCEDURE about his or her rights and hope the pay dividends, I shall put the Senate Mr. BYRD. Mr. President, I have revenue agent provides accurate infor in recess until noon, by which time we cleared with the able Republican mation. ought to know what progress is being leader action on the Arms Control and The legislation will require revenue made. Disarmament Agency authorization agents to inform taxpayers of their Therefore, Mr. President, unless a bill and I have his authorization to right to remain silent and that an at Senator wishes to obtain recogni proceed immediately without his being torney may be present for any audit or tion-- present on the floor. interview. Furthermore, a revenue Mr. PRYOR. Mr. President, if the agent will be required to deal directly majority leader will yield. with the person holding power of at Mr. BYRD. I am happy to yield. ARMS CONTROL AND DISARMA torney from the taxpayer. Mr. PRYOR. Will the majority MENT AMENDMENTS ACT Another important section of the leader answer this question: During Mr. BYRD. Mr. President, under taxpayers' bill of rights will put the this 1 %-hour recess you will be propos those conditions and understandings, burden of proof on the IRS to prove ing, will it be possible for Senators to therefore, I ask unanimous consent wrongdoing by a taxpayer in any ad interrupt the recess in order to make that the Senate now proceed to the ministrative or judicial proceeding. statements, or would the leader rather consideration of Calendar Order No. Currently the taxpayer bears the we not do that? 240, S. 1498, the Arms Control and burden of proof in any case brought Mr. BYRD. I do not know of any Disarmament Agency authorization by the IRS. Senator on this side who wishes to bill. If it is shown that a tax deficiency make a statement. If we put the The PRESIDING OFFICER. The exists the IRS may demand payment Senate in recess awaiting the call of bill will be stated by title. from the taxpayer. Under current pro the Chair, it will keep a Senator tied The assistant legislative clerk read cedures the IRS may put a lien on the to the Chair or in close proximity as follows: taxpayers' property within 10 days if thereof. Unless the distinguished Sen A bill July 22, 1987 CONGRESSIONAL RECORD-SENATE 20623 The PRESIDING OFFICER. The sel Reauthorization Act of 1987. That ticle II. Article II, Section 2, Clause 2 of the Chair recognizes the Senator from bill reauthorizes the independent Constitution expressly grants to Congress Michigan. counsel statute, retaining its basic the authority to "vest the Appointment of statutory scheme while also clarifying such inferior Officers as they think proper, and strengthening some of its provi in the President alone, in the Courts of law, INDEPENDENT COUNSELS ARE sions. On July l, 1987, the Govern or in the heads of Departments." CONSTITUTIONAL The issue of whether the Independent mental Affairs Committee ordered the Counsel is a superior or inferior officer for Mr. LEVIN. Mr. President, on bill reported to the full Senate by a purposes of the Appointments Clause has Monday, July 20, 1987, Chief Judge vote of 13 to 1. We hope that in the been discussed and determined by other Aubrey E. Robinson, Jr., of the U.S. next few weeks the independent coun Courts with which this Court agrees that District Court for the District of Co sel bill will be considered on the "the Independent Counsel is clearly an 'in lumbia issued a ruling finding that the Senate floor and passed with an over ferior officer'-he is appointed for a single independent counsel law is constitu whelming show of bipartisan support. task to serve for a temporary limited tional. Mr. President, I yield the floor. period.'' In re Olson at 17. See also Banzha/ This is the first time a Federal court EXHIBIT 1-MEMORANDUM v. Smith, 588 F. Supp. 1498 TABLE 7.-U.S. EXPORTS AND IMPORTS OF AGRICULTURAL COMMODITIES, 1971-86 [In billions of dollars] Exports I Crops, fruits, and vegetables Year Oil seeds and Animals Total 2 Coarse grains Food grains Cotton Tobacco and Total 3 Imports 2 Animals and Coffee and Agricultural products products products cocoa trade balarice 1971 ...... 7.7 1.0 1.3 2.2 0.6 0.5 1.0 5.8 0.6 1.5 1.4 1.9 1972 ...... 9.4 1.5 1.8 2.4 .5 .7 1.1 6.5 .7 1.8 1.5 2.9 1973 ...... 17.7 3.5 4.7 4.3 .9 .7 1.6 8.4 .8 2.6 2.0 9.3 1974 ...... 21.9 4.6 5.4 5.7 1.3 .8 1.8 10.2 .8 2.2 2.1 ll.7 1975 ...... 21.9 5.2 6.2 4.5 1.0 .9 1.7 9.3 .8 1.8 2.2 12.6 1976 ...... 23.0 6.0 4.7 5.1 1.0 .9 2.4 11.0 .9 2.3 3.5 12.0 1977 ...... 23.6 4.9 3.6 6.6 1.5 1.1 2.7 13.4 1.2 2.3 5.2 10.2 1978 ...... 29.4 5.9 5.5 8.2 1.7 1.4 3.0 14.8 1.5 3.1 5.4 14.6 1979 ...... 34.7 7.7 6.3 8.9 2.2 1.2 3.8 16.7 1.7 3.9 5.4 18.0 1980 ...... 41.2 9.8 7.9 9.4 2.9 1.3 3.8 17.4 1.6 3.8 5.1 23.9 1981 ...... 43.3 9.4 9.6 9.6 2.3 1.5 4.2 16.8 2.0 3.5 3.8 26.6 1982 ...... 36.6 6.4 7.9 9.1 2.0 1.5 3.9 15.3 2.3 3.7 3.6 21.3 1983 ...... 36.1 7.3 7.4 8.7 1.8 1.5 3.8 16.6 2.3 3.8 3.6 19.5 1984 ...... 37.8 8.1 7.5 8.4 2.4 1.5 4.2 19.3 3.1 4.1 4.4 18.5 1985 ...... 29.0 6.0 4.5 5.8 1.6 1.5 4.1 20.0 3.5 4.2 4.7 9.1 1986 ...... 26.l 3.1 3.8 6.5 .7 1.2 4.5 21.1 3.5 4.5 5.6 5.0 1 Exports are valued at the U.S. port of exportation. 2 Imports are valued at the foreign port, thus excluding international shipping costs and U.S. duties. 3 Totals include items not shown separately. Sources: U.S. Department of Agriculture and Congressional Budget Office. Note.-ln most cases, the United States predominantly exports or imports a certain agricultural product, meaning that gross export and import values in this table also approximately represent net trade flows. This does not hold for the following commodities, where imports roughly offset exports: animals and products; fruits, nuts, and vegetables; and tobacco. TABLE 8.-U.S. AGRICULTURAL EXPORTS BY REGION, TABLE 8.-U.S. AGRICULTURAL EXPORTS BY REGION, TABLE 9.-U.S. AND EC OUTLAYS FOR PRICE AND INCOME FISCAL YEARS 1981 AND 1986 FISCAL YEARS 1981 AND 1986-Continued SUPPORTS, 1977-87 [In billions of dollars] [I~ billions of dollars] [In billions of dollars] United European Importing region ~~I~~:" Ch~~I~ ~:" Year Community 1981 1986 1986 (in Importing region 1981 1986 1986 (in States (EC-10) percent) percent) 1977 ...... 3.8 8.0 Western Europe ...... 11.8 6.8 -42 Other Africa ...... 1.3 .7 -46 1978 ...... 5.6 11.5 European Community ...... 8.9 6.4 -28 Latin America ...... 6.9 3.6 -48 1979 ...... 3.6 14.9 Other ...... 2.9 .4 -86 Oceania...... 2 .2 ...... 1980 ...... 2.7 16.6 Eastern Europe ...... 2.0 .4 - 80 ------1981 ...... 4.0 12.9 Soviet Union ...... 1.7 1.1 -35 Tot aI ...... 43.8 26.3 - 40 1982 ...... ll.6 12.8 Asia ...... 16.l 10.5 -35 ======1983 ...... 18.8 14.7 Middle East ...... 1.8 1.2 -33 Developed Countries...... 20.9 14.0 -33 1984 ...... 7.2 15.0 South Asia ...... 6 .5 - 17 Developing Countries...... 16.9 10.7 -37 1985 ...... 17.6 15.7 Southeast and East Asia ...... 4.8 3.5 -27 Centrally Planned Countries ...... __5_.9 _____ 1.6 - _ 73 1986 I ··············•••·••••············••••••••·•························· 25.7 21.8 Japan ...... 6.7 5.1 -24 1987 I ...... 24.6 26.2 China ...... 2.2 .1 -96 Total ...... 43.8 26.3 -40 Canada ...... 2.1 1.5 -29 1 Estimated. North Africa ...... 1.5 1.4 -7 Sources: U.S. Department of Agriculture ~nd Congressional Budget Office. Sources: U.S. Department of Agriculture; European Community. July 22, 1987 CONGRESSIONAL RECORD-SENATE 20627 Mr. MELCHER. Let me summarize which, after all, form the basis of The PRESIDING OFFICER. If the what these CBO tables tell us. what the deficiency payments are to Senator will suspend, he has used the They show that the U.S. share of farmers, the safety net-is set them additional 5 minutes He might choose world markets declined substantially just a little bit under the cost of pro to request an additional 5 minutes. during the 1980's. The U.S. trade sur duction. Mr. MELCHER. Mr. President, I plus in agricultural trade fell from So I believe our method is fair for make that request. $26.6 billion in 1981 to only $5 billion producers, and I think it is more logi The PRESIDING OFFICER. With in 1986. For the first time in 20-plus cal than what we see coming out of out objection, it is so ordered. years, the United States actually im the European Community. But the Mr. MELCHER. Mr. President, I ported more food than it exported point is that unless we are going to get have here today a concurrent resolu during several months of 1986. That is a negotiated settlement, we must keep tion to recognize the importance of last year. the pressure on in order to retain our the Agricultural Export Enhancement The Congressional Budget Office market shares throughout the world. Program, and I am submitting it today also shows that in the face of massive I believe that the CBO compilations with Senators DOLE, LEAHY, BENTSEN, foreign subsidies of agriculture, the demonstrate that the Export En PRYOR, BOREN, HEFLIN, HELMS, DOMEN United States has responded with hancement Program is the method for ICI, THURMOND, HARKIN, CONRAD, the farm programs which will substantial the United States to retain market current Presiding Officer of the ly support farm income for American shares throughout the world. Senate, I am happy to say, Senators producers while our Government at The Food and Security Act of 1985 FOWLER, DURENBERGER, GRASSLEY, tempts to bring our trading partners mandated the Export Enhancement McCLURE, DASCHLE, BREAUX, PRESSLER, to negotiations of the type that will Program through 1988, and this Con KARNES, EXON, SASSER, ADAMS, SHELBY, eliminate the worst of their predatory gress in its wisdom provided separate McCONNELL, and SIMON. policies in world trade. funding for the program up to $1.5 bil This concurrent resolution, Mr. The PRESIDING OFFICER. Will President, is to very clearly state both the Senator suspend for just a lion. Much of that money has now moment. We are under a 5-minute rule been spent. My colleagues may well by the House and the Senate concur and the majority leader asked that the ask, "What have we obtained for our rently that Congress recognizes the Senator be advised at the end of 5 dollars spent on the Export Enhance importance of the Agricultural Export minutes. If the Senator would like to ment Program?" I will include for the Enhancement Program that is cur request an additional 5 minutes, he in RECORD some information provided by rently operated under section 1127 of dicated that would be agreed to. the Foreign Agricultural Service of the Food Security Act of 1985 and Mr. MELCHER. Mr. President, I the USDA which points out that meet that the multilateral trade negotia make such a request. ing or beating the unfair subsidy levels tions should be the result of our The PRESIDING OFFICER. With of our competitors has been successful Export Enhancement Program. That out objection, it is so ordered. in winning back market shares for is the pressure we exert to get to mul Mr. MELCHER. These negotiations wheat, coarse grain, milled flour, and a tilateral trade negotiations. And that should eliminate the worst distortions range of other agricultural products. the Export Enchancement Program in the world's agricultural trade pic In fact, Export Enhancement Program helps to counter or offset foreign agri ture. As we have increased our farm sales have accounted for 3.1 percent of cultural subsidies and unfair trade program spending, others, such as the our total agricultural exports in 1986, practices of foreign countries, and that European Community, have increased 11.5 percent of our grain sales are sup we meet that competition, and that is theirs, and their spending has been in ported with Export Enhancement Pro useful as a transitory tool in imple creased to the point where their heavy gram targeting and fully 24.5 percent menting the Food Security Act and subsidizing to sell their products has of our wheat flour sales. The figures the other provisions of the farm bill of well, I think there is some harm from for 1987 will surpass those. 1985. it. The message has been made clear to Therefore, Mr. President, I think it Mr. President, we have a policy of our international competitors, and is very timely that this concurrent res looking to our producers and saying that is that the United States will not olution be available to be taken up by that "if the prices are not good sit idle while our agricultural markets the Senate at any time that we can enough, we have this safety net under are hacked away by unfair trade prac clear it. We are now in the process of you. But we ask you, on behalf of the tices. attempting to clear it. Nation, to continue production and to I must point out to the Senate that I ask my colleagues who have not do so knowing that the market price is more needs to be done. Unless the Sec joined in cosponsoring this concurrent not good enough to keep you in busi retary of Agriculture continues the resolution to become cosponsors. ness, but we have this safety net of de Export Enhancement Program under Unless the U.S. policy is aggressive ficiency payments under you." That is existing authority of the Commodity on agricultural exports, we will find our method. Credit Corporation charter, our trade them skidding down again. We have The European Community has a dif adversaries will quickly get the mes gotten the ball rolling and passed a ferent method. It subsidizes the pro sage that we have let down in our re special allocation of the Export En ducer, holding the price high, so that solve. With their existing levels of sub hancement Program. There is an op in their marketplace in Europe the sidies for their exports, they will once portunity for the administration, producer has good pay for the prod again move into markets that have through this existing authority and ucts produced, and those that cannot been traditionally customers of U.S. funding, to continue this vital shep be utilized in Europe are part of the farm goods. herding of America's trade interests joint ownership of the community and A case in point is the Philippines abroad. We might as well continue to are exported out of Europe with heavy where subsidized wheat and flour from press for long-term agreements which subsidy. Canada and Europe have been import will eliminate unfair foreign subsidy They object sometimes, saying to us, ed into an exclusive U.S. market. Phil practices. "Well, we do not like your policy very ippine flour millers have suggested an Mr. President, I think that is what well either because it produces a lot of Export Enhancement Program sale of this is all about-our agricultural products that go on the world wheat to them. We can and should ex trade policy. It is one of helping market." But I would point out, Mr. pedite the sale of up to 1 million tons people who are producers here to con President, the method under our farm of wheat because it is good for the tinue to be able and effective food pro program is very direct. What we at Philippines and we regain lost market ducers for ourselves and for the rest of tempt to do with the target prices- shares. the world. I think our agricultural 20628 CONGRESSIONAL RECORD-SENATE July 22, 1987 policy is one of leadership. We cannot Program. We believe that such action is vi again begun to look increasingly to the just produce these commodities here tally important to ensure that a sector of United States a reliable source for competi and allow them to accumulate, which U.S. grain exports can continue to be price tively priced grains and grain products. competitive with the heavily subsidized ex We would appreciate your prompt and de is price depressing, not only for our ports of foreign nations. cisive action on this important matter. own agricultural producers but also The National Grain and Feed Association Sincerely, price depressing for other agricultural is a voluntary association of grain and feed THOMAS M. RACCIATTI, producers. firms ranging in size from the smallest Chairman, We have been leaders in production; country elevator to the largest grain and International Trade Subcommittee. we have been leaders in research; we feed complex. Included in our membership have been leaders in applying agricul are country and terminal elevators, mer tural technology. I want us to contin chandisers, processors and exporters cover EXPORT ENHANCEMENT PROGRAM ing the wide spectrum of the grain and feed ue to see that be the case. The concur industry. In addition, there are 40 state and [Announced as of 9:00 a.m. July 10, 1987] rent resolution I am submitting with regional grain and feed associations affili all these cosponsors, including the ated with the National Grain and Feed As Presiding Officer, points out how im sociation whose membership includes more Announced to dale: portant that type of policy is for us than 10,000 grain and feed companies na Grains and products (grain equivalent) (megaton) ...... 29,835,680 and the world. tionwide. 758 Mr. President, I ask unanimous con In some instances, notably corn, the abili ~~~!:ne~~11~i(;~~aiiiiif :::::::::::::::::::::::::::::: : ::::::::::::::::::::::: '~~~:~~~ sent to have printed in the RECORD a ty to compete on price terms has been achieved through lowered loan rates and ~~~,~~~ryo~r~eiia"iOri"i ·:::::::::::::: ::::: ::::::::: :: ::::::::::::::::::::::::::: ~~:~~~ letter to me from the National Grain use of the generic commodity certificate Sold to dale: and Feed Association, their letter to program. Both of these actions are very im Wheat (megaton) ...... 16,451,309 Secretary of Agriculture Lyng, in sup Flour (grain equivalent (megaton) ...... 1,593,196 portant and should be continued. In other Barley (megaton) ...... 3,457,324 port of the agricultural Export En commodities, such as wheat and some value Semolina (grain equivalent) (megaton) ...... 72,610 hancement Program, and statistics in added products, subsidized foreign competi Barley malt (grain equivalent) (megaton) ...... 106,883 Sorghum (megaton) ...... 106,000 connection with the export enhance tion has necessitated the implementation of Rice (megaton) ...... 38,700 ment program. the Export Enhancement Program 91-059 0 -89- 17 (Pt. 15J 20638 CONGRESSIONAL RECORD-SENATE July 22, 1987 Suits by businesses to recover losses investors who have been the victims of by striking out "racketeering" the incurred due to arson, criminal fraud, extremely outrageous conduct. first place it appears and inserting "unlaw and bribery schemes should also be The inclusion of special treatment ful activity" in lieu thereof; and counted among the worthwhile appli for small investors has led the Ameri by striking out "racketeering" the cations of civil RICO. can Institute of Certified Public Ac second place it appears and inserting "crimi These uses of civil RICO should con nal" in lieu thereof. countants to declare their opposition (C) SECTION 1962.-Section 1962 of title 18, tinue. This is especially so because to this bill. In addition, my colleague, United States Code, is amended by striking civil RICO often represents the only Representative BoucHER, is introduc out "racketeering" each place it appears and meaningful avenue of recovery in ing civil RICO legislation that is iden inserting "unlawful" in lieu thereof. these cases. tical to this bill in all respects except July 22, 1987 CONGRESSIONAL RECORD-SENATE 20645 ed accounting principles