S.J. RES. 148 - NATIONAL COMMISSION ON ESPIONAGE AND SECURITY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000300440022-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 15
• Document Creation Date: December 22, 2016
• Document Release Date: May 24, 2011
• Sequence Number: 22
• Publication Date: June 25, 1985
• Content Type: MEMO

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OLL 85-1743
25 June 1985
MEMORANDUM FOR: General Counsel
Chief, Legislation Givision
Office of Legislative Liaison
SUEJECT: S.J. Res. 148 - National Commission
on Espionage and Security
1. Attached for your information is a copy of a joint
resolution introduced by Senator Byro to create a "National
Co~:nission on Espionage and Security". Also attached are the
Senator's remarks upon introducticn of this resolution. This
resolution was considered as an amendment to the FY-1985
Supplemental Appropriations Bill (H.R. 2577), but was defeated
(50-48) by the Senate on 20 June 1985. A copy of the floor
debate concerning this resolution also is attached for your
information.
2. The resolution follows, obviously, in the wake of the
Walker espionage case. It would create a Commission to
investigate the vulnerability of the United States Government
to penetrations by hostile foreign governments. Membership of
the Commission will be drawn from both the Executive and
Legislative Branches. The Commission is vested with broad
subpoena power and the power to compel testimony under oath.
In addition, government agencies are required to supply the
Commission with all information necessary to the conduct of its
activities. The Commission would be required to report on its
findings and recommendations within 18 months.
3. While the resolution was narrowly defeated (50-48) by
the Senate, Senator Stevens specifically stated that this
"amendment would be back in another form". We have been in
touch with Gary Chase, SSCI, and will be providing him with
some talking points opposing this resolution for use on the
Hill. We obviously will monitor this proposed legislation very
closely and will keep you apprised of any further developments
in this regard.
Attachment
as stated
Distribution:
Original - Addressee
1 - D/OLL + DD/OLL
1 - OLL Chrono
1 - LEG/Subject + SWfi/Signer
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m rrow.
he PRESIDING OFFICER (Mr.
NATIONAL COMMISSION ON
ESPIONAGE AND SECURITY
Mr. BYRD. Mr. President, the pub-
lished reports which have come to my
attention since the first arrest was
made in the Walker spy case have
made it clear to me that there is a
compelling need for the Congress to
take urgent and aggressive action with
respect to our Goc?ernment's ability to
cope with Soviet espionage.
It has been reported that 4.3 mii]ion
Americans have received security
clearances from our Government and
therefore have access to the most sen-
sitise Gas~ernment information relat-
ing to our national defense. Every one
of these indisiduals is a potential
prime target for recruitment for the
hundreds of Soviet KGB agents who
ream our streets.
The Defense Department is said to
base only ],500 cisilian investigators
who this year are expected to conduct
20,000 sensitive clearance insestiga-
tions of military and defense contrac-
tor personnel.
The Federal Bureau of Investiga-
tion. which has the primary responsi-
bility for tracking Soviet espionage in
the L;nited States, is said Lo be unable
*.o cope with the huge number of sus-
pected Soviet agents in this country.
The mountains of Government
paper marked "confidential," ??secret."
and "top secret" seem to grow ever
higher each day. and the entire c]assi-
fication system is said to be held in
disrepute.
:GRESSIONAL RECORD - SENA1-E S 8~ 7
Assertions Continue that the top
levels of our Government, including
the CIA itself, may have been pene-
trated by the HGB. Others strongly
disagree. No one seems to know for
sure.
The Walker case is said to involve an
individual alleged Lo have been spying
for the Soviets for as long as 20 years,
and no one even suspected it.
This situation simply cannot be al-
lowed to continue. We must take im-
mediate action to uncover the scope
and magnitude of- this problem and
then take strong and effective action
to correct it. We in the Congress
cannot authorize billions of dollars for
the most sensitive and sophisticated
defense and intelligence systems, only
to learn that the details of those sys-
tems have been turned over to our ad-
versaries by employees of our own
Government.
I have therefore prepared legislation
which I am introducing today to estab-
lish aNational Commission on Espio-
nage and Security to investigate this
problem. The Commission would be di-
rected to investigate-efforts which
may have been made by hostile for-
eign powers to penetrate our Govern-
ment-the adequacy of counterintelli-
gence investigations by the United
States to detect and protect against
such penetrations; and-the adequacy
and effectiveness of the classification
system, background security investiga-
tions, and the whole question of secu-
rity clearances. The Commission will
be authorized to hold hearings, issue
subpoenas, and have full and complete
access Lo whatever information it may
need to fulfill its task.
The Commission will be required to
report on its findings and recommen-
dations in 18 months.
The Commission that will be created
by this resolution will consist of eight
members, to be appointed as follows:
Four would be appointed by the Presi-
dent of the United States, including
one former Secretary of Defense, one
former Director of Central Intelli-
gence, and one former special assistant
to the President for national security
affairs: one would be appointed by the
President of the Senator from the ma-
Jority Members of the Senator upon
the recommendation of the majority
leader of the Senate: one would be ap-
poi.^.ted by the President of the Senate
from the minority Members of the
Senator upon the recommendation of
the minority leader of the Senate; one
to be appointed by the Speaker of the
House of Representatives from the
majority Members of the House: and
one to be appointed by the Speaker of
the House for the minority Members
of the House upon recommendation of
the minority leader of the House.
The members of the Commission
would select the chairman and the
vice chairman.
The Commission would be author-
ized to employ and fix the compensa-
tion of such persons or consultants as
it deems necessary and appropriate
subject to certain provisions of the le4-
islation. The Commission will be au-
thorized Lo hold hearings, take testi-
mony and depositions under oath, and
do everything necessary and appropri-
ate which is authorized by law to
make the investigation and study spec?
ified.
The Commission would be author-
ized and directed to make a complete
investigation and study which would
reveal the full facto with respect to
the nature and extent of recent pene-
trations of the U.S. Government or ef-
forts to penetrate by hostile foreign
powers to obtain the information that
is described in the resolution: the
extent and the adequacy of efforts of
the United States to protect against
such penetrations; the adequacy and
effectiveness of the classification
system; background investigations con-
ducted for security clearances: systems
involving the issuance of clearances:
security systems, counterintelligence
investigations, counterespionage inves-
tigations, damage assessments, rele-
vant Federal laws, Executive orders,
directives and policies, investigative,
prosecutorial and expulsion policy,
treaties, and other international agree-
ments to which the United States is a
signator. and such other related mat-
ters as the Commission deems neces-
sary in order to carry out its responsi-
bility.
The Com**~i~Sion would have the
power to issue subpoenas requiring the
attendance of witnesses and testimony
of witnesses and the production of in-
formation relating Lo a matter under
investigation by the Commission.
Mr. President, I talked with former
President Carter yesterday, and he
stressed the need for prompt action by
our Government in this subject area
He felt that it was a good concept and
that we need to proceed. He indicated
that he would be happy to appear and
testify as a witness should he be called
upon by the Commission. I tried to
reach President Nixon yesterday, but
he was out of the country. Today, he
is back in the country and I have
talked a-ith him and he felt that it was
time to move to protect our country
against those who would sell our coun-
try "dow-n the river."
He made some helpful suggestions to
me and, likewise, indicated his willing-
ness to appear as a witness before the
Commission, ii asked to do so.
I also talked on yesterday aZth
former Secretary of Defense Harold
Brown, a?ho was in California but re-
turned last evening to the Nation's
Capital. He likewise Joined in express-
ing support for the effort and is happy
to support and appear before the Com-
mission for testimony if the Commis-
sion should see fit to call upon him.
Mr. President. I have talked with
President Reagan earlier this after-
noon, and he indicated that he would
be happy to have a look at the resolu-
tion and seemed to be supportive and,
in any event, very interested.
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S RZt+B C10~GRESStONAL RECORD - SE!~'A7'E
l1[r. Presidtmt, I thtnk ti would Dr
very worthw?hlle tf forn-er DireMora of
the CIA were stked to respond for the
DurP~e of testirnorty. I talked with
former C1A Director Admiral Turner
(m yesterday, and he a=pressed strong
eUDDort for the Idea and Ilitewise, as
have the others with whom I talked.
indicated a reads s?illutgntsa to appear
before the Colnmissbn and vrork a'tth
the Commission 1n any way, shotild
the Commission see !it to call on him.
I have not been able to talk ritR other
former D~reE-tors of the CIA, 1d r.
Gblb~, Mr. Helms, and others. and I
hate not yet been able to resell Dr.
Schi?strtRer. I called Rim on yesterday,
brut he was in Europe, I believe. and
will be rettunizig to the Untied States
this evening or tomorrow. I hate not
yet had an opport.unl*. ~ to talk to
former President Ford, but I certainly
hope to do ao.
11dr. President. 1 bare jt~t com~~leted
a telephone com?ersation ti-ith io'mer
security advisor. Mr. B-zezinsl?.i. He
said that the whole security appar'attss
is dtx for an ezamittation and it 1c
long overdue. He was Quite enthtl(si;aa-
tic about each a e~nmmi ,eion.
ldr. President, I hope that the ad-
ministration and mp ealfeagues on
both sides o1 the aisle will be support-
ive od the reaoltItioa that I will submit
today. We are all f~ this tether.
Both the executive and the legislative
bt?anchea have much to contribute
toward exarniniag the Droblem and
coming vp with responsible and efieo-
five tolutiona. This is a Eepartisan ap-
proteh which I am suggesting to deal
with a noQpattisan problem.
I am not going aft,ef anybociv that I
can think of as I introduce this resolu-
tion. I am not attempting to bleats tale
adiniitiittration tx annother, one party
EY another. As I see it., our objective,
simply put, h to find the hole` in our
Ration's security fabric and to close
them for the future, with no ecape-
Boats. It is simply a serious and ftulda-
aaenta] problems wbicie ~ m the
very heart of the effective defense o1
our Nation.
ivQr. President, I ask tutaaimous cozt-
sent that I may have until 7 o'clc-ck
today to introduce the resolution
The PRESIDING OFFICER. With-
out objet ion, It is so ordered.
Mr. BID. Mr. President, I aLSO ask
tlna,nirrous consent that the resolution
be printed in the R>ecoan.
There being no objection, the resolu-
tion wa< ordered to be printed in the
RECORD, ~c fo11oR?s:
SJ. RES. 148
Resolved by tin Senate and Xotge o,{ Itep
reaentalives 4~ the Ua.fted Stales oJdv+erica
to Congress assembled,
That (a) there is hereby established a na-
tional commission which may be called for
convenience of expression. the 1ational
Comrrisswr, er. ifspionsge and Security, to
t~rtduet an investigation and study with re-
spect to t.tle adequacy of counterespionage,
cottnLesintelligence and security activities of
the United States In the protection Of v1t81
secret (1) defenre. (Y) foreign policy, and t3)
imelligence information of the IIrrfted
l3tatxa against the atfarts of hostile foretan
pvaers to obtain sucD information. as fur
then described in section 3 bolos.
tD) The Commkslon created -> this reso
lotion shall censfat of eight metaben, io be
appointed as follows:
(1) Fottt to be appointed by the President
of the United Stag. lncludin? one former
Seeretarp of Defettae, one former /?;rector
of Central If!ketligenee. and otx former 6pe-
cial Assistant to the President for National
Securtt} Affairs.
(2) One to be appotnt.ed by the President
of the Senate from the malority Members
Dt the Senate upon the recomrner-dation of
the tna,iority leader of the Senate.
(3) One Lo be appointed by the President
of the berate from the wino..*ity Members
of the Senate upon the recorrsrentdatton of
the minority leader of the Senate.
(4) Ore co be appointed by the Speaker of
the House of Aepreserttaihres iron-. the ma
jority Members 01 the House: and
(5) One to De appointed by the Speaker of
the House of RepresentaU~e~ from ttte mi
norit) Members of the House upon the roc -
omnu.nd2:: or. of the minority leader of the
House.
tc) The members of the Cbmmss;on sha?;
select a chairman and a r7ce chairman. Va
E:artcies in the aremberehip of the Commis?
aion shall toot affect the authority of the re~
maittint members to execute the fuactiona
of the Cvmniission and shall be filled it the
same manner as the otiQi.'18: appocntments
to it are made.
Seettrity systems:
tb) Cotmt.erinteIligence in~rstigatioru;
(6) Counterespionage int estigatioas:
(T) Damage assessments:
(E) Aelevani Federal taws. executive
orders, directives, and policies
tD) imrestrgative, presecut.orial and expul-
sion policy: and
(10) Treaties and other international
agreemertL to which the United State= is a
signatory
June 1i, 19bi
td) 8ueh other rrlnted matter. as the
Commission dorms nrerssary M order to
carry out H.s responsibiltUCs
SEC. ~ 6ub)ect ooh to other provis:orr of
Chia resohrtton. all departments. ttgenctes
acrd other components. and all officiate and
other employees. of the L'nitxd States (tor
ernment are authortzrd and directed to.
ta) Extend fut'. and complete cooperation
to tM Cammtsston
lb) Render such assist.anee ~ the Comrris
6i~r1 may request
(c) Prm-ide such Lnformatior. anC testimo
ru?, s?hether at hearin?s or Dl' lnt.en?tew or
deposition. ar the Commisstor, maS request.
(d) Provide access to all record:. aritini;:..
documents and other materials u thf Co:r:
mission ma} request.
fiEC. 5. (fit The Commies:nn, or an;
rnemSer of the Comnasstor, wr,er. se author
tied Dy the Commisstor~ shall Katie the
power to issue subpoenas requiring the at
tendanre and testimony of wtt.nesseF and
the production of lnlornuuor, relattaF to a
matter under tmesugat,or b~ tr,e Cc^ rr.:~
aion. A subpoers mac lTquire the person, tc
whom it iE dtrected to produces euc^ ir.`:~r
manor. a: a^.} time beiorf avc!. persnr.:a ;c
testify. Suet, a:ter:dance o: a,tnes5e> altd
Lhe production of such evidence ma)' be re-
quited trUm any place withm the wt-isdic?
lion of the United States at ~ desigrtate?d
p~aee e! hzLervie>s or treari~ A p~rsan to
whom a subpoena essued under this subsea
Lion 4 du-ected ms). for cause shown. mote
to solo ge or shorten the time of attendance
and testimony, or ma}~ move to quash or
modify a subpoena for the production of to
formation H it b ttnrcasonable er oppres
sine. L+ the ease of a subpoena issued for the
purpose of Lakin[ a deposition ton ae~ ex-
amination, the person to be deposed may
make any motion permitted under rule 26~c)
of the Ppderal Rules of Civil Procedure.
(bXi) In case ad coninrnacp Or refusal to
obey a subpoena issued to a person under
this section, a coup of the United States
sithin the jurisdiction of s?hlch the person
Sa directed to appear or produce information
or wkhin the jurisdiction of which the
persott is foutsd, resides sr transacts busi-
nees, a7alY upon spplicstion try the ALtarney
General testae to arch persoc: an arde: re
quirirttt such person to appear before the
Commission, or before a member o! the
Commission, or a member of the slat' of the
Commission designating the Commission for
stash purpose, there to give testimony or
produce linformation t*eleting to the starter
ustder tnvsestigatior:, as re~tifred by the sub-
poena. Any failure to obey such seder of the
court may be punished by the noun of n
contempt thereof-
(7) The t;ommiasion is an a~?ency of the
United States for the purpose of oils
BI(e)(3) of the I"edera? Rules of Cit-i. Prose
duce.
(c) Proce~ of a court to shish apP?;cation
nsay De matle txtder this aecttot, may be
sensed >a a ludic"ta? distrut wherein the
person required Ln be served is ic?md. re-
sides, or trarssacL business.
SEC. 6. A court of the United States atthin
Lhe jurisdiction in ehich testimor.~ of s
person in custodti~ i5 sought by the CommL~
aion or sithin the jurisdiction of which such
person h held In custody. bray. epee.: aP^l,
cation try the Attorney General. issue a t~-rit
of kaiSeos carpus ad testi.ricandurr, requ:rinf
the custodsan to produce anti: person. belore
the eotnaussion. or before a member o; the
Coturaizsion ar a atember of the eta:f of the
Commission designated by the Commission
for such purpose.
Sec. ?. The Commission Lc an agPnc) of
tier United Stotts for the purpose o.` pan l'
of title lE of the United S:ate Code
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June 1 i , 1985
. ~NGRESSIONAL RECORD -SENATE S 8289
Sec. 8. (a) Process and papers issued pur-
suant to this resolution may be served in
person, by registered or certified mail, by
telegraph. or by leasing a copy thereof at
the residence or principal office or place of
business of the person required to be served.
when stn-ice is Dy registered or certified
mail. or by telegraph, the return post office
receipt or telegraph receipt therefor shall
be proot of service. Otherwise, the verified
return by the individual making service, set-
ting forth the manner of such service shall
be proof of service.
(b) A witness summoned pursuant to this
resolution shall be paid the same fees and
mi:eage as are paid witnesses in the courts
of the united States, and s witness whose
deposition is taken and the person taking
the same shall severally be entitled to the
same tees as are paid for ;ike stn )ces in the
courts of the tinned States.
Su. 9. ca) The investigative activities of
the Commission are civil or criminal law en-
forcement activities for the purposes of sec-
lion 552acbx7> of title 5. t7nited States
Code. except that section 552a~.c)(3) shall
apply after the termination of the Commis-
sion.
(b) The Commission is a Government au-
thority, and an investigation conducted by
the Commission la s law enforcement in-
qutry, for the purposes of the Right to Fi-
rancia] Privacy Act of 1978 (12 U.S.C. 3401
ei sep.). Any delay authorized by court order
ir, the nonce required under that Acf shall
..^.ot exceed the life of the Commission. in-
cluding any extension thereof. Notwith-
standing adelay authorized by court order,
if the Commission elects to publicly disclose
the information in hearinYs or otherwise, it
shall give notice required under the Right
to Financial Privacy Act a reasonable time
in advance of such disclosure.
Sts. 10. Conduct avhich. if directed against
a United States attorney, would violate sec-
tion 1111 or 1114 of title 18, United Staten
Code, shall, tf directed against s member of
the Commission, be subject to the same
punishments as arc provided by such sec-
tions for such conduct.
Su. 11. The functions of Che President
under section 10(d) of the Federal Advisory
Committee Act (5 U.S.C. App. 10(d)), shall
be performed by the Chairman of the com-
m:ssion.
Su. 12. (a) The Commission shall adopt
rules attd procedures (1) to govern its pro-
ceedings; (2) to provide for the security of
records, documents, information, and other
materials in its custody and of its proceed-
ings; ~3) to prevent unauthorized disclosure
of information and materials disclosed to it
in the course of its inquiry; (!) to provide
the right to counsel to all witnesses exam-
ined pursuant to subpoena: and (5) to
accord the full protection of al] rights se-
cured and guaranteed by the Constitution
of the L'r.ited States.
(b) No information in the possession of
the Commission shall be disclosed by any
member or employee of the Commission to
any persan who is not a member or emploS-
ee of the Commission. except as illtthorized
by the Commission and by law.
(c) The term '~empioyee of the Commis-
sion" means a person (1) whose services
have been retained by Che Commission, (2)
who haF been specifically designated by the
Commission as authorized Lo have access to
information in the possession of the Com-
mission, and (3) who has agreed in silting
and under oath Lo be bound by the rules of
the Commission, the provisions of this reso-
lotion, and other provisions of law relating
to Che nondisclosure of information.
Sac. 13. The Commission shall make a
final report of the results of the investiga?
Lion, together with its findings and Its rec-
ommendations to the President and to the
Congress, st the earliest possible date, but
no later than March 1, 1987. The Commis-
sion may also submit such interim reports
sa it considers appropriate. After submission
of its final report, the Commission shall
have three calendar months to close tts af-
fairs. and on the expiration of such three
calendar months shall cease to exist.
Sts. 14. There are authorized to be appro-
printed for the fiscal year ending September
30, 1986 such soma as are necessary to carry
out the activities of the Commission.
Mr. BYRD. Mr. President, if any
Senator seeks the floor, I w-ill be glad
Lo relinquish it. This is my 75th
speech on the subject, "The United
States Senate" over s period o1 5
years.
CONGRESSIONAL REr^ORM: THE
LEGISLATIVE REORGANIZA-
TION ACT OF 1946
Mr. BYRD. Mr. President, when we
thir}k back to the nineteenth century
Sen te, we can easily conjure up
ima s of senators who enjoyed suffi-
cient leisure to do their oa-n research,
draft their own legislation, and to
write engthy speeches. Most members
had n other office space than their
desks the Senate chamber or in
their dinghouse quartets near the
Capitol uilding. Today, the sites of
many of hose boardinghouses are cov-
ered wit House and Senate office
buildings where member's have quaz-
Lers that my barely seem Lo accom-
modate th increasing requirements of
their dive constituencies. In the
middle oft a last century, members
who requir staff assistance pur-
chased it ou of their personal funds
during the tls ally abbreviated legisla-
After World Waz I. demands on
members' time d attention escalated
rapidly as impr ved means of trans-
portation and co unication brought
the electorate d the elected into
greater proximity. As the national gov-
ernment assumed greater role in the
lives of everyday ci liens, pressures on
Congress multipled. And as the 1920's
gave way to the Gre L Depression and
the New Deal era o the 1930's, Con-
gress demonstrated creasing inabil-
ity to legislate with he deliberation
and expertise that h characterized
its course during the eemingly less
complicated nineteenth entury.'
Congress had slight o porttutity to
dwell on matters of irate a1 organiza-
tion and support during he Depres-
sion and New Deal ye By 1940,
however, many members w re becom-
ing painfully aware of the f to of rep-
resentative bodies around th world at
the hands of totalitarian egimes.
Many recognized that a stron effec-
tive Congress was the best pro Lion
against executive tyranny. forei tad
domestic. Later that year, )?louse
Speaker Sam Rayburn warned that
the ability or our democracy Lo survive
was directly related to the ability of
Congress to balance demands for ade-
qua discussion against demands for
pro pt and effective action. Rayburn
acre d the necessity of independent
"tec ical competence" as the founda-
tion f a solid legislative program. "A
great national legislature cannot
sa.fel rely on the technical assLctance
and vice which private interests are
willin to provide."' ?
Je Voorhis, a Democratic repre-
sentati a from California, was an early
and pe intent critic of Congress' in-
ability maintain a strong and co-
equal r le in the federal system. He
warned hat the future of constitu-
tional g vernment would be in jeop-
ardy unl ss Congress insisted on exer-
cising i traditional responsibilities
with a fo and vigor equal to that of
the in Roosevelt administra-
tion.?
Congress in 1941, was ill-equipped to
accept the oorhis and Rayburn chal-
lenges. At hat time, of every seven
dollars tt a thorized the federal gov-
ernment Lo nd, Congress spent only
one cent on itself. Its 3,200-member
staff was pr dominantly clerical and
custodial wit not more than two hun-
dred persons ho could be considered
legislative pro essionals. Senators were
required Lo their office clerks as
the principal taSf of any committee
they chaired, t us ignoring profession-
al competence as the foundation for
committee staf g?? This situation en=
couraged the 'tional practice of
creating additi na1 committees as
sources of prest ge, office space, and
extra staff fort it chairmen
On the eve o Pearl Harbor, Con-
gress remained eluctant to supply
itself with rode dent sources of ex-
pertise. Librarian of Congress Archi-
bald MacLeish a ed in vain for in-
creased funding o his Legislative Ref-
erence Service. He 'ustified his request
on the asstlmptio that the Congress
had the right to 'scholarly research
and counsel in law, d history and ec-
onomics at least ual to that of
people who come fore committees"
from the executive ranch and private
interest groups.?
Strong opposition the House of
Representatives kil ed MacLeish's
hopes of revitalizing understaffed
and obscure reference service. In the
Senate, in June 1941, a similaz fate
awaited a measure intr used by Sen-
ator A.B. "Happy" Ch dler of Ken-
Lucky. Chandler pro that the
Senate allow each membe to hire one
"research expert" at s competitive
salary. His proposal did because
many senators appazently believed it
would establish a cadre o~ "political
assistants" who would event~lllally be in
s position to compete for their jobs.T
The opposition had deep roots in the
members' self-image. Congressmen
feared the public would view the ap-
propriation of tax dollars for staff ex-
perts as an open confession of mem-
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S 892 CONGRESSIONAL RECORD - SirriATE
commission. We cannot afford to con-
duct business as usual and just forget
the problem or hope that it mill go
8R?ay.
Mr. President, I urge the adoption of
the amendment.
Mr. JOHNSTON. Mr. President, I
rlae to support this amendment. 1 wish
to emphasize the bipartisan-certainly
nonpartisan-nature of this amend-
ment. As one of the prime cosponsors,
it never entered my head that it R?ould
be art3'thing but that-that ls, a group
that could give us the best of Informa-
tion mthis very sensitive area, very
timely area of great concern to our
country.
I hope that the commission would,
in fact, look into the adequacy of our
activities in any field of terrorism. I
think we have, as we have all found
out, very few intelligence assets in the
Middle East in general, and in Leba-
non in particular. Whether there is
anything that we can do about Lhat
from a grand policy standpoint I think
would be a very appropriate and pro-
ductive area for this commission to
look into, as well as that which the
distinguished minority leader dis-
cussed; that is, the question of security
clearances.
An idea that. the distintuished occu-
pant of Lhe Chair had and R-hich I
supported irf the Appropriations Com-
mittee-that ia, the use of the lle de-
tecbr to test security clea.rartces-is
also an area which I think could be ap-
propriately looked at by this commis-
sion. I am told that the lie detector is
a very, very useful tool in determining
the reliability-not just the truthful-
ness but the reliability-of those with
security clearances. I also share the
view that it is a very sensitive area. We
meant to be sure that there are ade-
puafe safeguards in the use of Lhat lle
detector so that it may not be used as
an article of political revenge or that
it be misused or any of those things. I
think that could appropriately be
looked into by this commission.
The idea of s commission as opposed
to the use of one .flf our standing com-
mittees, Ithink, is also very good and
very timely. We have in this country
ex-directors of the CIA and the De-
fense Intelligence Agency whose
names are well-known throughout this
country, whose reputations are above
reproach, and who come from both po-
litical parties.
It seems to me that their appoint-
ment to this commission, should they
be willing to serve, would be a national
asset of great value, drawing upon
their judgment and their experience.
It seems to me they could give this
commission a broadness of view and a
depth of expertise that is not likely to
be equaled by any mechanism other
than this kind of bipartisan commis-
sion.
So, Mr. President, I strongly support
this legislation and hope it will be ap-
proved.
The PRESIDING OFFICER. The
Chair, in his capacity as the Senator
from Alaska, suggests the absence of a
quorum.
The clerk will call the roll.
The bill clerk proceeded to call the
roll.
Mt. HYRD. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. With-
out objection, ft is so ordered.
Mr. BYRD. Mr. President, I ask
unanimous consent that I may be au-
thorized to modify the amendment 1n
two places, one being with respect to
paragraph (b>c 1) on page 1 of the
amendment which I haae before me,
the other one being the paragraph
that provides for the funding of the
commission.
The PRESIDING OFFICER. Is
there a,n objection? Without objection,
it is so ordered.
Will the Senator send the modifica-
tion to the desk?
Mr. BYRD. Yes. Let me say, Mr.
President, that Daragraph ~ b)(1) of the
amendment which I hold in my hand,
which is the amendment that is avail-
able and on each desk, presently reads
as iolloR-s-and this is with respect to
the appointment by the President of
the United States of afour-member
commission:
Fbur W be appointed by the President of
the t7nited States, including one former Sec-
retary of Defense, one former Director of
Central Intelligence, and one former Special
Assistant to the President for National Se-
curity Affairs.
Mr. President, I do modify, having
been given consent from the Senate,
that paragraph by placing a period fol-
lowing the words "IInited States" and
Striking out the remaining words in
that sentence, so that phrase, which
now would require the President to in-
clude among hLs four appointees one
former Secretary of Defense, one
former Director of Central Intelli-
gence, end one former Special Assist-
ant to the President for National Se-
curity Affairs-Chat would be stricken
and the remaining >oi!ords would be
these: "Four to be appointed by the
President of the United States."
The PRESIDING OFFICER. The
Senator has that right under the
unanimous consent previously granted
to hfm.
Mr. HYRD. I make that modifica-
tion, Mr. President, because the distin-
guished present occupant of the chair,
the distinguished Senator from Alaska
[Mr. Sr~s3 stated on the floor a
moment ago his concern about that
language. I can understand his feeling
that >ovay. The distinguished majority
leader also hats expressed his concern
to me about that particular language.
I can understand the concern. I can
only say that I hope the President
would carefully consider appointing a
former Secretary of Defense, a former
Director of Central Intelligence, and a
former Special Assistant to the Presi-
dent for National Security Affairs, but
I have now deleted that language from
the amendment as a requirement.
June ~'0, 19b'
The other modificatfon, Mr. Presi-
dent, I will make in a moment after
conversation with the distinguished
chairman of the Committee, Mr. HAT-
rtrl.n, and the distinguished ranking
member, Mr. Jox>rsrox. But for noa? I
suggest the absence of a quorum
The PRESIDING OF'F'ICER. The
clerk will call the mll.
The legislative clerk proceeded to
call the roll.
Mr. DURENBERGER. Mr. Presi-
dent, Iask unanimous consent that
the order for the quorum call be re-
scinded.
The PRESIDING OFFICER. VVith-
out objection, it is so ordered.
Mr. DURENBERGER. Mr. Presi-
dent, Irise in opposition to the amend-
ment by my good friend and colleague,
the Democratic leader. Md I am not
in the unfortunate position of rising as
a committee chairman and I srn going
to make a statement that says we do
ail these things; we do not always do
them well. But we, in effect, have
these things in place. My great col-
league, who has been here so much
longer than I, has heard this; but I
trust that he will listen to at. least a
part of it, and perhaps there is in the
structure of his amendment some
room for accommodating to the con-
cerns that I will express. I do not know
at this time whether there fa sueh
room, but I trust that he may find
that kind of room.
Our colleague from West Virginia
has been an ex officio member of the
Senate Select Committee on ltntelli-
gence since its inception. He had a
substantial role to -play personally in
the creation of the Committee on In-
telligence, and I trust that, therefore,
he will be especially sensitive to some
of the comments I will make about the
impact i.hat this Commission can have
on the objectives he is trying to
achieve.
I .thought perhaps >tve would find
some support from Lhe administration
in makirtg this case. I find, in the
statement I just referred to of the ma-
jority leader, as being the administra-
tion's position on CommiecioTlS, that
the administration opposes the statu-
tory establishment as unnecessary; they
oppose it on the ground that there are
existing mechanisms' they oppose it
on the theory that the executi~ e
branch has primary responsibility and
on Lhe theory of constant cooperation.
There may be some of that in my
statement as well, but I think we need
to go Just s little further.
Before ~y colleagues vote on this
issue, let me give them /ust a little in-
formation and perhaps education on
the role that the9 play, as Members of
this body, in resolving some of the
problems of security and espionage.
1[r. President, I sympathize with
my good friend from West Virginia,
who has long been an ex officio
member of the Select Committee on
Intelligence. He has been a steadfast
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~IuRC 2U, 1985 CO?~GRESSIOtiAL RECORD - ,+~'~ATF
supporter of U.S. intelligence and I partly Lo greater protection for classi-
greatly admire him for it. fled information that this act has pro-
f oppose m~ good fricnc'r. amrnd cid~?d. As Assistant Attorney General
menL, however, for I tear that his pro- Stephen S. Trott told the Washington
posal would retard, rather than ad- Post the "'graymaU' Act gives the
vance, the adoption of improved coup- dovernment 'the capacity to surface
terintelligence and security practices. I and prosecute lsples- without com-
am confident, moreover, that the exec- promising national security or letting
utive branch and the Senate Select defense lawyers spew secrets all over
Committee on Intelligence can better the place.' "
accomplish what the minority- leader Under Chairman Goldwater, the
seeks to achieve than will a National
Commission.
The state of American counterintel-
ligence and information security is a
mattxr of great concern to us all. The
secunt y of our country may not
depend entirely upon this, but tetra>?-
els and intelligence penetrations are a
sure way to undo years of devoted and
costly efforts by loyal Americans.
We have good reason to be con-
cerned regarding these matters. The
Walker famil~? spy' ring alone is
enough to warrant our attention.
From what a-e read in the papers, it
may have gone on for two decades: it
involved two generations, as well as
friends and other relatives: it ine?oh?ed
chief warrant officers, the cream of
the crop of Navy- enlisted men, a?ho
have made Lhis country's security at
sea their careers: and it may have com-
promised vital information on U.S.
weapons systems, communications,
and operational patterns.
Other recent cases are equally both-
ersome. In Los Angeles, we are wit-
nessing the first trial of an FBI agent
for espionage in our history. A man in
New York has been indicted on
charges of spying while he worked for
the CIA. Md news stories assert that
the Soviet Union bugged U.S. Embassy
typewriters in Moscow for years,
giving them secxss to a steady stream
of important information.
The Select Committee on Intelli-
gence is deeply disturbed by these
events. We are determined to learn the
causes of the current situation and to
help bring about major improvements
~ it.
' The Select Commfttee on Intelli-
gence and its House counterpart have
given high priority to counterintelli-
gence and security problems ever since
Lhe creation of the committees in
19 i 6. Under our first chairman. Sena-
tor Dexret. IrvoII~ of Hawaii, the P'BI
committee took the lead in calling for
increased resources for FBI, CIA, and
Defense Department counterintelli-
gence operations. We also passed the
Intelligence Ldentities Protection Act
to stop one especially dangerous form
of intelligence compromise.
This year, as part of the Intelligence
Authorization Act for fiscal year 1986,
the committee recommended legisla-
tion to address the Soviet intelligence
threat that was later passed by' the.
Senate in the form of amendments to
the Department of State authoriza-
tion. Md this year, as in every other
year, a?e have used the budget authori-
zation process to address the perform-
a~tce of U.S. counterintelligence ele-
ments in the various agencies.
Earlier thLs year, the select commit-
tee began planning ? broad review of
II-S. counterintelligence and security
programs. On June 11, 1985, the com-
mittee agreed to begin a oomprehen-
aive review of the Soviet intelligence
threat and i1.S. counterintelligence
and security programs. This review is
to be done within the context of the
committee's continuing oversight re-
sponsibilities and will include an ex-
amination of the implications for na-
tional security =rowing out of the
Walker case and others. Topics to be
addressed include:
Changes in the nature and extent of
6oviet espionage operations both
within the United States and against
US. installations and interests over-
seas:
The reasons behind the record
number of espionage cases in the last
9e~ ;
Hoa- effectively U.$. counterintelli-
gence agencies have utilized the in-
creased resources made available to
them by the Congress: and
What needs to be done to improve
security so that truly sensftive infor-
mation and operations are better pro-
counterintelligence budget was Includ- tatted.
ed for the first time in the overall Na- The committee intends to examine
tional Foreign Intelligence Program. all aspects of the problem, including
Later we passed the Foreign Intelli- the classification system, the person-
gence Surveillance Act, which gave our nel security system and the communi-
counterintelligence agencies a secure cations security system, as well as
and constitutional means of wiretap- computer and other forms of technical
ping suspected spies. This has Proved and operational security. We are in
to be an invaluable arm in the arsenal the process of holding a series of
of security. - closed hearings and briefings. We also
An Intelligence Committee study look forward to cooperating-with the
several years ago also led to passage of executive branch and benefitting from
the Classified Information Procedures the internal reviews underway in Lhe
Act, which limits the impact of gray- Defense Department and other agen-
mail defenses that threaten the re- ties.
lease of more classified information in We have instructed our staff to co-
spt? cases. The increase in espionage ordinate with other interested Senate
prosecutions in recent years fs due committees. In particular, the select
S 8.93
committee expects to follow up on the
recommendations of Senators NIINN
and Rorx of the Permanent Subcom-
mittee on Investigations. which ha.~
completed an tnvestigation of short-
comings >n the Government's Securi?
ty Clearance Program.
The aim of the committee is to pre-
pare a full report on the adequacy of
U.S. counterintelligence and security
programs and the improvements
needed Lo protect the national security
in these fields. As indicated in letters
that Vice Chairman LsnxY and I have
recently sent, we solicit the sugges-
tion.~ and views of all Members of the
Senate as a?e begin this task.
A National Commission on Security
and Espionage, Mr. President, is more
likely Lo retard progress on these
issues than it is to further it. If we
truly want to improve eecurfty prac-
tices, we must convince departments
and agencies to change entrenched
a?a}?s of doing things. That ib hoa
simple it is. No commission is going to
get the bureaucracy of this country -to
change its habits. It is difficult enough
for us in the Senate and the people in
the House to take advantage of situe?
lion like the Walker case Lo do some
of the things we are noa? able to get
them to do. The people who must do
that are the leaders of those agencies,
not a group of outsiders, no matter
how distinguished.
What will happen If ire establish a
National Commission? The first thing
is that people in the bureaucracy who
are resistant to .change wUl say that
nothing can be done untU sitar the
Commission completes !ta work and
issues its report. So any chance for
early improvement will be quashed.
That is ? record which has been rep-
licated for many, many commissions.
The bureaucracy gill teII 7ou they
cannot do anything to comply with
Your desires until the Commission
completes its work and tissues its
t"eDor't.
The consequence of that is that aII
bf the work that we treed to do is 1Y85
that we need to implement in 1987 will
all be postponed at least nbtU after
this commission makes its report in
1987.
A second likely consequence is that
the issues of security and counterintel-
li!gence wUl become politicized. Pirat
there will be the usual jousting over
the membershtp and staff of the Com-
mission. Then there will be inevitable
conflicts between the Commission and
executive branch personnel who will
resist the thought of dtaclosing our
deepest counterintelligence secrets to
an outside body. tMd then there will
be watering down of conclusions, as
Members with diverse views and politi-
cal constituencies try to arrive at com-
promise recommendations.
Mr. President, I submit to my co]?
leagues that this country needs better
?security, better counterintelligence,
and better counterespionage. But
rather than piecing together s politi-
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SI4~ C()tiGRESSIU'~AL RECURD - SL..ATE
calls balanced group of outsiders, we
must encourage our top policymakers
to bitE? thr bullet th~ms~?ltr:, and take
nr~cded nrtiun. Rat1:;r ]bait dis.^],,Sint?
counterinrel;ifrcncc secrct~ to more
outsiders. ae should use the Institu-
tions alread}? in place to handle such
information-including our own Select
COnlmllleP On Intelligence.
Rather than settling for the a-a?
tered-down 3-year-old recommenda-
tions which will eventuall} come- out
of this Commission, ore should demand
a hard-nosed examination of these
slues that leads to real improvements
in our counterintelligence and security
posture.
I am confident. IN!r. President, that
both the executive branch and we are
currently sufficiently' energized to deal
with these issues speedil. and forth-
rightl-r. The White House L clearly as
concerned as R?e are regarding the
need for improvement. and the Select
Committee on Intelligence ha: re-
ceived assurances of close cooperation
from counterintelligence officials and
top policymakers.
I knove Rhat motit?ates my good
friend from West Virginis. I am think-
ing of it as I stn reading the state-
ment, that g< soon as John Walker
and his family are off the front pages.
the issue may 'well also lease the top
priority of our concerns in this Senate.
That may very well be, from his expe-
rience, one of the reasons that our col-
league feels strongly about the need to
continue to focus the attention of the
country on the issue.
I must say, however, Mr. President,
while I agree with that theory, it is
also the responsibility of this body to
do something about it and I fear great-
ly that turning it over to a commis-
sion, postponing any work on counter-
espionage and oountei-inteliigence
policy for 3 years, just is not the way
to make sure this job gets done.
It is our responsibility here to force
these changes on the administration,
not the responsibility of an outside
agency.
1dr. President, i tsttggest the absence
of a quorum.
The PRESIDING OF'F'ICER (Mr.
Evexs). The clerk will call the roll.
The legislative clerk proceeded to
call the roll.
llittr. BYRD. IIiET.r. President,, I ask
unanimous consent that. the order for
Lhe quortun call be rescinded.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
AIdWD!@f7 AO. ;lib AS IQRTHEa 1[ODIILED
Mr. BYRD. Mr. President, I had in-
dicated earlier my desire to modify the
amendment in respect to the last pro-
vision in Lhe amendment. I modify
what is now an open-ended funding
provision, so as to specify that the
funding be limited to 5900,000.
I have discussed this with the distin-
guished manager and the distin-
guished ranking [minority manager,
and it is their feeling that it should
not be seen as an open-ended funding
mechanism, and I think we have come
to the conclusion that a 5900,000 cap
would be a reasonable modification.
I so modit~' m~' am?~ndment.
Tne PRESIDING OFFICER. With-
out objection. the amendment is modi~
fled.
The modified amendment Is as fol-
loa-s:
(b) The Commission t~reateti by this reso-
lution shall consist of eight members, to be
appointed ab follows-
(1) Four to be appointed by the President
of the United States.
(2i One to be appointed by the President
of the 6enate from the majority Members
of the Senate, upon Lhe trcommendation of
the majonty leader of the 6enate:
c3~ One to be appointed by the President
of the Senate from Lhe mmortty Members
of the Senate upon the recommendatior. of
the minority leader of the Senate;
(4/ One to be appointed by the Speaker of
the House of Representatives from the ma-
jorit~ Members of the House: and
(5) One to be appointed be the Speaker of
the House of Representatives from the mi
noritc Members of Lhe House upon the rec-
ommendation of the minority' leader of the
House.
(c) The members of the Commission shall
select a chairman and a ace chairman. Va-
cancies in the membership of Lhe ComtrlL-
sion shall not affect the authority of the re-
maining members to execute the functions
of the Commission and shall be filled in the
same manner 85 the original appointments
to It are made. -
(di Amajority of the members of the
Commission shall conatttute a quorum for
the transaction of business, but the Com-
mission may affix s lesser number as a
quorum for the purpose of taking testimony
or depositions.
(e) To enable the Commission to make the
investigation and study authorized and di-
rected by this resolution, the Commission fa
authorized to employ and fix the oompensa-
tion of such persons as it deems necessary
and appropriate, subject to the provisions of
Section 12(c) below.
Ssi-tlo>A 2. The Commission ie authorized
to hold hearings. take testimony and depo-
sitions under oath, and to do everything
necesciiry and appropriate which Is author-
ized by law to make the investigation and
study specified in subsection (a) of the first
section.
Sscrlox S. Without abridging in any way
the authority confelred upon the Commis-
sion by the preceding section, the Commis-
sion fs authorised and directed to make a
complete investigation Ind study which azl;
reveal the full .facts with Ieapect to'
(a) The nature and eztent of recent pene-
trations of, or efforts to penetrate, the
United States Government by hostile for-
eign powers to obtain the information de-
scribed in section 1 The classification system;
(Y) Background investigations conducted
for security clearances;
(S) Systems Involving the issuance of such
clearances; -
1~) Security systems:
(5) Counterintelligence investigations;
((i) Counterespionage investigations;
(7) Damage aaaessmenta;
(g) Relevant Federal b1as, ex~utive
orders, directives. and policies:
(g) Investigative, prosecutorial and exput?
sion policy; and
June ,.'(l, 1.4~~.;
(10) Treaties and other in.ernauona~
tgreemen~5 to which thr United States is a
siRnatorc.
td~ Such other nletrd mattrr~ a th.
Commission deems necessary to order to
Carry out Its responsibilities.
Stu-non 4. Subject only to other provi-
sions of this resolution, all departments.
agencies. and other components. and all of
ficials and other employees, of Lhe UNted
States Government are tuthortzed and di
rect.ed to:
(a) Extend full and complete cooperation
to the Commission:
(b) Render such assistance as the Commis
lion ma)' request:
(c) Provide such information and testimo
nc, whether at hearings or by Interview or
deposition. as the Commission mac request.
(d~ Provide accesc to all records, writings.
document+~ and other materials as. the Com
mission ma)' request.
6e,c-non 5 ta, The Commission. or any
member of the Commission R?hen ac wthor
ized by the Commission. shall have the
power to issue subpoenas requiring; the at
tendancr and testimor.~ of a-itnesees and
Lhe production of information relating to a
matter under investigation be the Commi
sion. A subpoena mac require the person Lv
whom it is directed to produce such Wor-
mation at anc time before such person is to
testifl ~ Such attendance of witnesses and
the production of such evidence mac be re-
quired fmm anc place within the jurisdic-
tion of the United States at any designated
place of inten?iew or hearing. A person to
whom a subpoena Issued under this subsec-
tion is directed may for eauae shown more
to eNarge or shorten the time of attendance
and testimony, or may move Lo quash or
modify a subpoena for the production of in-
formation u It is unreasonable or oppres-
sive. In the case of a subpoena issued for the
purpose of taking a deposition upon oral ex-
amination. the person to be deposed may
make any motion permitted under rule l8lc)
of the Federal Rules of Civil Procedure.
(bXI) In case of contumacy or refusal Lo
obey a subpoena Issued to a person under
this section, a court of the IInlted States
within the jurisdiction of which the person
1s directed to appear or produce ~nform~~
Lion. or within the jurisdiction of which the
person is fotmd, resides or transacts busi-
ness, may upon application D5 the Attorne}~
General. issue to such person an order re
quiring such person to appiear before the
Commission, or before a member of (die
Commission, or a member of the staff of the
Commission designated Dy the Commission
for such purpose, there to give testimony or
produce information relating to the matter
under investigation, as required by the sub?
poem. Any failure to obey such order of the
court ma3' De punished b9 the Dour[ ab s
contempt thereof.
(2i The Commission is as agency of the
United States for the purpose of rule
81(s)i3i o1 the Federal Rules of Civil Proce-
dure.
(c) Process of a oouri to which application
mac be made under this section may be
served in a judicial iiistrict wherein the
person required to be served is found, re-
sides, or tranSaCta Dusfness.
Sacrro>A 6. A court of the IInlted States
within the jurisdiction in which testimony
of a person held in custody .ta sought by the
Commission or within the jurisdiction of
which such person is held in custody, msc.
upon application by the Attorney General.
issue a writ of habeas corpus ad testifican-
dum n~quir[ng the custodian to produce
such person before the teommisaion, or
before a member of the fbnsmission or a
member of the staff of the Commission des
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CU:~GRESSIONAL RECORD - ~E1`A7-E S S-~9a
ignated b> the Commission for sucl; pur
Dos..
Srrnot. i. The Commission is R^ RFenc~
r.1 the 1lmted Stags for the p?,:r,x?>~ 01 pr,"!
~' 01 Utle 18 0l the United St ate Cud,
.SECTION 8. (a) PrOCes~ and paPer~ issued
pursuant to this retoluUon ma>~ be' sc nrd in
person. b} registered or certified matt. by
telegraph. or D) leaving a cop3 thereof at
the- residence or principal office or place of
business of the person required to be sen Pd
v+:hcn aen?ice is by retristrred or certified
mail. or by telegraph, the return post office
receipt or telegraph receipt therefor shat; br
proof of aenice. Othenn-iu. the verified
return b}? the individual making scn?icc. set
tinK forth the manner of such service shall
bt? proof of sen-ice.
tG) A witness 6ummoned pursuant to thL
resolution shall be paid the same fees and
mileage as are paid witnesses in the courts
of the United States. acid a aitnes~ whose
deposition is Laken and the person taking
the same shall severally bc? entitled to the
same fees t are paid for like senices in the
courLS of the United States.
SEe'rION 9. preach werf
before this body. I offered an amend- fJsaa Us. Qu-saataa: I am wring be re- agree agree to that the weaken that osa laa- i which hope a tti
b are eem
ment that was oosponsored by the dis- quest that 7ou schedule ansarings in the bodied in vu- iesidtal l are e ti
ttnguished Senator Irom South Caroli- -hear future on two pieces of legislation entio and rata and that you of at l
na Mr. TwuRatoatal that could pro- which I raeentlI Introduced. S 1446 and S. to wing to consideration. UUmse bills during the
vide an additional option-that of 2604. Both bills involve a long overdue current eeaslon
mandatory We sentence without effort to Improve the Senate confirmation Your asiatance vivald be appreciated
parole. So that would be an option in -proem Sincerely.
The future if the other body agrees. U a. , 14d6. 1Rew shat al my La reRino mafs of concern racer oern RosritT C.'Brat
The court will not choose the option of that the &enate ihas cot been setting are- Well. time went on and I reoeived no
execution. It at least has the option, quate Information upon ablob to fulfill Its response, and so I wrote a second
provided by my amendment to the "advice and consent" luaction under Article letter on May 21, and addressed it to
DOD authorization bill of salting the It of the U.S. Constitution. On many CM=- the distinguished Senator and it said
traitor away for the rest of his life be- adom we have seen situations where new In- this
hind bars If a judge chooses that op- formation concerning a nominee for high
rich Zia M. tlheanhhutr. In my letter of Ma
, then the wretched `Benedict government office came to light only after
Arnold" Would be imprisoned ed for life time nouarmitaa glad been received by the S. 1 zequesied that bearings be scheduled or.
aerme trod tthe saaaltrmatiaa htartngs bad two piwas of 4ockdation which i fund recent
with no -cope oT parole. gun on other occasions. the Senate was by inuedueeQ, & 2444 and 6. 2604. both in
I hope the House will accept my unaware of such data until -even after the valuing an effort to hiprove the Senate con-
amendment on that score. We ran nominee had actually been confirmed Urination process.
expect the Soviets to have persons in It seems to me that these kinds of prob- I am still of the view that the enactment of
this country who will spy on us, but lem rvce a fundamental flaw in the these measures is essential during the cur-
what we should not have to expect is confirmation process. attributable in part to rent session. and I would appreciate your
!il!lierican Chinon who forgets his art 1it7eaenp ki the background inves- letting me know whether you will be able to
an . forgets en his patriotism, and ttgations conducted by the ffxeo Live process these bills In yoga Committee this
heritage
Tear
ft
-sells -his eountrs for a few measly dol- Branch thha 4o the incomplete. -
sesof slid JfnformatIon ion erovided to the rW alncereg.
tars. In that case, if he can Trost be tale- propiate Senate committees.
cuted, then st least let hire have the My lesislation. IL 2446. attempts to ad- tlloaLRT C. BYRD
rest of his life behind bars where he dress this problem, that, by placing the su-
will a postscript. I said:
not be able to enfoy the fistful of Verson of bactgrotmd investigations in an
money that he may have been liven indeperhietst office of government, namely BtU. T hope you can srbedule a hearing
you-
ter ttietr't~yioig his txvelttt7. the Office of dnowmment Rhine Once man. Thank you
]stow, Sdr. President, the lath- share isisestigatiass we completed the bill
would also regtite that the Senate be phn That was May 21.
guished senior Senator from Delaware ABA tU.b the lull and complete results of On June 18. 1984, 1 received the fol-
lead this to say, and I thV* It am quot- 'those bigtfiries. In addition, my prgposal towing letter from the distinguished
ing him correctly. If I am mot he der- would require, for the first time, the pro- -Senator
thinly may correct me. I believe he muigatiion of atandards for the oonduet of
said that It was roper to live the these background tnvestigalons, so as to Thank you for aontactkeg me concerning
be 4nouf a umt all relevant Information is lacer- the two bills you have introduced on the
li Beeas eootiaid than Can gained .soncorning a Prospective nominee's Senate oofiirm Ucin press. I apologize for
en more fete the etstio Hoot,ti" arid stn be may tillat e ere ft he weer be
for 'tithes and gualifiaations for office. the delay In getthrg back to you.
smuch a +ooatmat 'If it eshoula be re la them a done j -have also Included In S. 2416 a ao-callled I must tell you In all haneatty That I have
? fsD-softe' providon to cover slltuations serious problems wltlt iota legislation. I =-
through the restdaar W eoess tiled tie- we, deta6nlte our beers` efforts. some previ- derstand your ojijectives, but I bebeve that
Bence to the proper eon odttse~ samb atioso-n lrhtoe atcion later acs's to -s ,ors. of aftber wd Rl oat party , am well
I attics it Is, appropr to argue 1ieht ends alter a ooaninee has been ran- me this oppssttnrt,g tiff polRlsl purposes. I
that this matter or- adds matter firmed. I ino isico would require that if strorUfy agree with i.ioyd Cutler that we
which may come up toff liibe floor by a p is weed to a second has' m, helve vets serious problems in making got -
way iratisn r:rcimeat atoek. and I believe that ti this leg-
y of an ammendmerit ment a abot;loho?~ be Urst the go top officials of his adininis
Cttored s ithe e i would have to be reconfirmed If they are to Islatioa is implemented it could wall have a
i~ ej counaftbee in dallied dw ing a sweddenTs dhoting coeds on the departments.
4m eratis< 1 4ft legs Clod Qmt eoedtn>:
setsahe 2etm In hiss way. taw fly tftwv- For example, %. 7eG4 world require the
with that it *IL L host s, tiLidt that gaeI iaf evst#len etetesd provide s mew baths lop twenty sf'ficla-s a! an Aftdhftttatlon to
It would be ]vela for the died Was will The Senate could 4ndhorle its ie waeoadtrmed by -Ice Senate if they were
Senator from Delaware to be re ind- ? 19 rsapoa slbllities. to remain in sftioe ltrrlcig a Prwddent's
ed. in the event be dour minis remember, The leased 661 11 bare it rodaced. Cs JON, second 'yew Berme the Incumbent oomi-
of a letter which I scone to kim in f identical to the secenfirasation 1wevolon arse would have a accord at seatrioe In office
1884 a bad 1rdg+o d felitTattoei of -S. 2446. It results from say aoatclusion during his Cast term. I am maoeiaed a ie-
that a second confirmation process for The bowing g
could become nothin
w which i
wof 1 would Tile r nt beads 'tbe in the cleat 20 Vregider*,s second tem is so top officials of sovernment ioduring a side more of an than a fort Administmirtoation. debate the past poli-
a President -were to be elected to -a i desenvkig of special attention by the proem. a few to could. for or purely prolonging
second term and were to wish that the Senate on Its own merits, separate and apart political siesf. - ef i-e fectifty cvely 'hamstring r
e-
Loom the other prthvisious of S. 1444, which od de-
same Depar>mtwd !beads wbo bad iparthreats for a substantial period of time
served in his pate--Saas Bdnltnistratiott deal with the overall confirnmtion Process. I by ewllicig Into gnettion whether the chiefs
would continue in the same rapacity feel very strongly that agembes of the Cabi- of the argansations swill rennin in place
Jliritu a Second adsisisidlistiegL The net and a small number of other high-level The result court well be government parcel -
oeipeotive The officers of government should be willing to As at the very time that a President has just
.iepdatiaa was So be ~
reaelved
snore and would not I new applied too oeseg *Kicl la wcrdtlny if they -ere to aa>ea mandate
the -Current tidrr3 shratbn. .lefotoe rsesajnn to the same poets during a second q; ~Y thatnbe ca e-hi ly teahe a qualifies.
cconfirmirigsuch DtlrartanentbRads for si nasal term. Under the passeat qty ator l ba gr m
e
the ny nomminee
a second term, the Senate would take system, ~y a president and vice president tar tree moral backgroaund of the
iior high office. tltrther, siappropriate
a new look at a Department head cad mare accountable to the electorate, and we Etta tdnould continue to monitor the
hold him to account tt1tJ10sne of his mc- should again fulfill our 'advice and von- conduct of individuals. and. of course- bold
t.iorfs or ieaetiDns;d the prurlOes tem. sent" responsibilities so as to express the &mrxWs anytioe an their activities.
And so I wrote to the titisgaistmd yeopte's will concerning the 2D UP officers Mr. President. I can respect, do re-
Senator from Delaware and urged that = pammtttee~has played a -significant spect. and did respect the argument
he schedule hearings on thisrneama'e. role in insuring theeffectivenecsofourgm-- that was made by the distinguished
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S 8500 CONGRESSIONAL RECORD - S
chairman in his response to my two
letters and my oral and personal re-
quest of him here on the floor. I have
no quarrel at all with the position he
took in opposition to the legislation.
But the last paragragh is a paragraph
I want the Senator to recall.
In short. 1 would think your legislation
would have a deleterious effect on the func-
tioning of the Executive Branch, and. thus,
I do not plan to hold hearings on the legisla-
tion. Thanks again for letting me know of
your serious concerns over this Issue, and I
again apologize for being so tardy in re-
sponding.
Sincerely.
WILLIAM V. RorH, .la.
The Senator certainly had a right to
his viewpoint in opposition to the leg-
islation I Introduced. But I offered the
legislation. It was referred to his com-
mittee. I wrote to the distinguished
Senator, urging him to give that legis-
lation a hearing. I wrote a second
time. I talked with him on the floor,
right here in the aisle, about the legis-
lation and indicated that I hoped a
hearing would be held on my bills.
Finally. I get a letter back which not
only expresses to me his opposition-
which was fine: that is all right: I do
not agree with every other Senator,
nor does every other Senator agree
with me many times-but also, he
spurned my request for the hearing on
the legislation which had been Intro-
duced and duly referred to his commit-
tee.
Mr. President, I have been around
the Senate 27 years and in the House 6
years. Never do I remember any other
situation in which a chairman of a
committee refused a colleague the re-
spect and the opportunity to which I
think a colleague is entitled-to have a
hearing on his or her legislation if re-
quested.
Today, the distinguished chairman
suggests that this is the kind of matter
that should be referred to a commit-
tee. I introduced a resolution a few
days ago which would provide for such
a commission as does the amendment I
offer today, except for a couple of
modifications I bave made on the
floor, at the request of the distin-
guished chairman of the Appropria-
tions Committee, Mr. HArrraln, and
the distinguished Senator from Alaska
[Mr. Srrvras]. That resolution was re-
ferred to the distinguished chairman's
committee.
Now the distinguished chairman
comes to the floor and says that this
commission is a matter, If we are going
to create it, that should be done in the
usual way. It should be referred to a
committee. How can I have any hope
that the committee, under the chair-
manship of the very distinguished
Senator-in light of my previous expe-
rience-will hold hearings on this leg-
islation? In other words, if he is op-
posed to it, he would not even conduct
a hearing on it.
Mr. President, with all due respect
to my beloved colleague from Dela-
ware, I think this could be perceived
as a rather arrogant way for a chair-
June 20, 1.955
man to treat an important piece of leg-
islation that Is duly referred to his
committee under the rules-legislation
concerning which a colleague writes to
him twice and personally, in a conver-
sation, urges hearings; and the com-
mittee chairman turns down his col-
league's request to have a hearing on
It.
I am sorry to have to bring this to
the attention of the Senate; but if that
is the way the distinguished chairman
is going to handle my requests for
hearings on my bills, the only recourse
I have Is to offer the subject matter as
an amendment to a vehicle which
comes up on the floor. I say to the dis-
tinguished chairman that I have been
watching for a vehicle since that time
to which I might offer the amendment
dealing with the reconfirmation proc-
ess. If I cannot get a hearing in his
committee, then I will let the Senate
be the judge, and I will get my hearing
on this floor.
I am sorry to have to bring to the at-
tention of the chairman this corre-
spondence between the two of us. but I
have no alternative, Inasmuch as he
makes this argument today against
the pending amendment: Send it to
the committee. Let us have a hearing.
Let the committee deal with it.
I tried that once and got nowhere.
I must say that never, as chairman
of a committee, would I deny a col-
league who requested a hearing in
Committee.
Mr. ROTH. Mr. President, will the
Senator yield?
Mr. BYRD. Yes, I am happy to yield.
I should like to hear the distinguished
Senator respond to what I have said,
based on the letters he wrote to me.
Mr. ROTH. First, let me say, of
course-and I think my colleague will
-agree--that I always try to be coopera-
tive, to accommodate my colleagues. I
have to say, respectfully, that it has
been experience that I do not always
get a hearing on every bill I introduce,
-and I amderstand that. I understand
that committees' resources are limited
and that priorities must be set. In this
case, I would point out that we had no
other request, including anyone on
that committee that. I am aware of,
from either political side for such a
hearing.
. But in any event, let me assure the
distinguished minority leader that if
the proposition he has placed before
the Senate today were to be referred
to the committee, I would be pleased
to hold such hearings.
I think this matter is a matter of
great Impcttanc e, and I am not sug-
gesting that his other bill was not, but
I point out that we have something I
think like 300 bills referred to the
committee each year, and we do not
hold hearings on each one of them but
attempt to respond normally to hear-
ing requests from within the commit-
tee itself. Perhaps that was a mistake
in this instance. In any event I apolo-
gize. It was not intended in any way to
be discourteous to the minority leader
for whom I have the greatest respect.
I do say and do offer that if the dis-
tinguished minority leader would like
to hold hearings on his important pro-
posal to create a commission on espio-
nage. I would be happy to proceed
with such hearings at an early date
and do so.
As I said In my earlier statement I
think that, if we were to go this direc-
tion, we should hold careful hearings
and carefully craft our recommenda-
tions to meet the situation at hand.
So, I say to the distinguished senior
Senator from West Virginia, if he
cares to hold hearings on this subject,
he has my personal assurance and I
am sure that of the distinguished mi-
nority ranking member of the commit-
tee Tort EAGLLTOI , to hold such hear-
ings at the earliest possible date.
I make that in the form of a ques-
tion.
Mr. BYRD. Mr. President, I thank
the distinguished Senator from Dela-
ware. I thank him for his apology. It
takes a big man to apologize, and I re-
spect him for that. Therefore, so far
as I am concerned, that matter Is now
behind us.
Mr. President, I am ready to vote.
Mr. WILSON. Mr. President. I
wonder if I might address a question
to my distinguished friend, the minori-
ty leader.
Mr. BYRD. I am happy to try to
-answer the Question.
Mr. WILSON. The question is this:
Having listened with interest to the
Senator's stated desire for a hearing
on his measure and understanding and
.sympathizing with that, I have a con-
cern that if this commission, which he
proposes, is created and If It is to be In
business for an 18-month period
before making Its report, some may
argue that any. effort to address i44di-
vidual problems relating to espionage
and security. for example, measures
brought before the Intelligence 'Com-
mittee, measures brought before -the
Armed Services Committee, might find
that there is some bar to their being
heard, precisely because of the exist-
ence of such a commission.
It would disturb me greatly and I
suspect many of my colleagues if this
burned out to be the case, because it
may very well be that the proposals
will be introduced certainly within the
18-month period and in fact I know of
some that are proposed for hearing
now, one in a subcommittee which I
chair. Others I suspect will be.
Would the Senator, If this measure
were adopted, feel that the existence
of such a commission should stand as
a reason not to go forward with pro-
posals offered by his colleagues In the
-form of bills that are referred to other
committees?
Mr. BYRD. Mr. President, I think
the resolution speaks for itself and I
think that the appropriate arguments
have been made on the floor in sup-
port of it.
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aunc 20. 1985 CONGRESSIONAL RECORD - NATE
I see no reason to delay action on
this matter. The country cries out for
an effort to find the answer to this dif-
ficult and dangerous problem that
confronts the Nation. I would hope
that the Senate will adopt the amend-
ment so that it might go to conference
with the other body, and as I say I am
ready to cast a vote on it.
Mr. WILSON. Mr. President, with
all due respect, I do not think my
friend from West Virginia really an-
swered my question. So I will simply
state as a concern, and I think a very
legitimate one, the fear that were this
measure enacted, were this commis-
sion created, there would thereafter be
many on this floor and many off this
floor who would say we dare not go
forward with any other proposal be-
cause, of course, the definitive work is
being done by the commission and we
must await the result of their delibera-
tion.
I suppose, Mr. President. that if I
felt the need for a special commission
of this kind, I might be persuaded that
such a delay was wise. But it seems to
me that there are resources available
to standing committees of this body
and of the other body, the House of
Representatives, that make It possible
for us to act deliberately and yet not
delay in a time when we are quite un-
derstandably concerned with problems
of security and espionage.
Mr. BYRD. Mr. President, will the
distinguished Senator yield?
Mr. WILSON. I yield for a question.
I am delighted to so yield.
Mr. BYRD. Not necessarily for a
question, if I could just have a
moment In which to respond to the
theme of his argument.
Mr. WILSON. That would please me.
and I am happy to yield, retaining the
floor, yes.
Mr. BYRD. Mr. President, the dis-
tinguished Senator I would hope
would not feel that the adoption of
this amendment and the creation of
such a commission would cause Sena-
tors or committees to delay efforts
they wish to make to pursue this sub-
ject matter.
Earlier today, I said, I believe in re-
sponse to the distinguished chairman
of the Committee on Intelligence. that
this should not be looked upon as an
interference with his committee, its
rights, duties, responsibilities. and
powers. That committee could quite
appropriately proceed with its own
agenda-
I would not see the appointment of
the commission as any reason or justi-
fication for any Member or committee
to just lay back and say, "Well, the
commission is doing its work, we
should not or we will not proceed
within the -purview of our own powers
and responsibilities." I see no problem
there at all.
I hope that answers the Senator's
question, and I apologize if I did not
respond to his question earlier on the
point. My thoughts were distracted
while he was speaking.
Mr. WILSON. I thank my friend
from West Virginia, and I am reas-
sured that he personally will raise no
such objection. However, Mr. Presi-
dent. I am not reassured that his reac-
tion would be universal. Indeed very
much to the contrary, I think our ex-
perience has been that when we create
commissions it is generally for the
purpose of gaining an expertise. a
point of view that somehow seems
denied to,the Members of this body.
notwithstanding the resources that
are available to us.
I think we have in recent memory
the experience of the Scowcroft Com-
mission which was an extraordinarily
valuable asset, one that did bring a
certain deliberation to a process that
we found useful, useful in a way that
required the creation of such a com-
mission.
I do not decry the creation of com-
missions where there seems a need.
It seems to me in this instance. Mr.
President, there is not such a need and
that rather than doing good we would
be delegating a responsibility that Is
properly ours and one for which we
are equipped, one for which outside re-
sources are readily available.
So notwithstanding the Senator's
personal assurance that he would raise
no such objection, I fear that it would
be raised as a bar upon the part of
others, and for that reason, reluctant-
ly joining in his concern, I think we
would address that concern best by
simply proceeding to hear measures
that will be before other committees
of the Senate.
I thank the Chair.
Mr. DENTON. Mr. President, we all
share the concern of the minority
leader and those who join with him in
cosponsoring this amendment with re-
spect to the fabric of our espionage
laws as they may be applied to specific
cases. Having said that. I must also
add that I do not believe that yet an-
other Commission Is the answer to our
problems.
Mr. President, we have at this time
two very well staffed intelligence over-
sight committees, one in each of the
respective Houses of the Congress.
Moreover, in the Judiciary Committee
we have a Subcommittee on Security
and Terrorism which has within its
mandate oversight of the espionage
laws of the United States. In addition,
Mr. President, we have a Permanent
Subcommittee on Investigations which
has only recently completed extensive
bearings on the problems inherent in
our system of issuing security clear-
ances. To the best of my knowledge,
the results of those hearings have yet
to be fully evaluated.
Moreover, Mr. President, we have a
Director of Central Intelligence. an In-
telligence Oversight Board, a National
Security Council, interagency working
groups, and a host of other entities
concerned with the adequacy of our
laws relative to national security.
Mr. President, all this is by way of
saying that the solution to the prob-
S 801
lem does not lie with the creation of a
new bureaucracy. We have debated
time and again the appropriateness of
the use of the polygraph to assist in
the screening of those who have access
to highly classified information and I
must say that some of those who are
prominent in the sponsorship of this
particular amendment have been
equally prominent in efforts to inhibit
further use of that important investi-
gative tool. In closing. Mr. President
let me say that I am informed that
major reviews are already underway
and the President is awaiting recom-
mendations of his senior national secu-
rity advisors on additional steps that
should be taken. In particular an ad
hoc interagency group with senior
Cabinet level involvement will recom-
mend specific implementing actions to
the President.
Recommendations from prolonged
consideration of the espionage and
counterintelligence issues over the
past 4 years are already being imple-
mented.
The Intelligence and Armed Services
Committees-of the Congress have al-
ready looked into these matters at
considerable depth and will continue
to apprise of new developments. They
have also begun the process of sug-
gesting improved statutory authorities
for Government agencies and the real-
location of resources toward areas
where they are needed.
At this critical time it is imperative
not to divert intelligence resources to
a comprehensive investigation that
would expose a widening circle of
-people to the extremely sensitive tech-
niques and sources of counterintelli-
gence and counterespionage.
It is for this reason that I oppose
passage of this amendment.
Thank you, Mr. President.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment. The yeas and nays have been or-
dered and the clerk will call the roll.
The assistant legislative clerk called
the roll. -
Mr. CRANSTON. I announce that
the Senator from Oklahoma [Mr.
Borum] Is necessarily absent.
I also announce that the Senator
from New York [Mr. MOYIUusN] is
absent because of a death in the
family.
I further announce that, if present
and voting, the Senator from New
York [Mr. MoyNia N] would vote
"aye."
The PRESIDING OFFICER. Are
there any other Senators in the Cham-
ber wishing to vote?
The result was announced yeas 4a.
nays 50, as follows:
(Rollcall Vote No. 130 Leg.]
YEAS-48
Andreas
Burdick
Eagleton
Baucus
Byrd
Exon
Bentsen
Chiles
Ford
Biden
Cranston
Glenn
Bingaman
DeConcini
Gore
Bradley
Dixon
Fiartin
Bumpers
Dodd
Ran
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Hatfield
Heflin
Matsunaga
Meicher
Rockefeller
Inouye
Metzenbaum
Rudman
Johnston
Mitchell
Sarbanes
Kennedy
Nunn
o
Kerry
Pell
s
n
Lautenberg.
Stennis
Leahy
Proxmire
Stevens
Levin
Pryor
Warner
Rlegla
Zorinsky
Abdnor
Annst-Ong
Eloachwita
Chafee
Cochran
Cohen
D'Amato
Danforth
Denton
Dole
Domenky
Durenberger
FAft
Evans
Garn
Goldwater
Gorton
NAYS-Sp
Gramm
Grassiey
Hatch
Hawkins
Hecht
Heins
Helms
Hollings
Humphrey
Kassebaum
Hasten
Laxalt
Lugar
Mathias
Mattingly
McClure
McConnell
Murkowski
Nickles
Packwood
Pressler
Quayle
Roth
Simpson
Specter
Stafford
Symms
Thurmond
Trible
Wallop
Weicker
Wilson
NGRESSIONAL RECORD - SENATE
or, from his work with the Senator The legislative clerk re re 1
from Idaho, will be able to settle the ad as
question. Then We will h
The Sen
t
a
ave a number
or from Illinois 1Mr I
of other amendments that we can y himself. Mr. HYNNZ. Mr. S.ixs~x~
, -_ - Mr. Mnv?.,.._
raise which I believe c
an be
w can com
l
te
p
e
time
this 0111 some. Mr. DIXON. v ?umoered 3J
the late afternoon, Unless we unanimous consent th to fu trier
run into some unforeseen Issues which ing of the ame
have not yet been Laid b am
e
n
ndment be d
alters of the bill fore the man- with.
.
We will ask Senators to be on the The PRESIDING OFFI
floor because I belie
out objection
d R.
i
,
ve we can dispose
t is so ordere
of many of these amendments in a The amendment is as follows:
very quick way. We have cleared a se page 92, between lines 14
number of them alre
insert the foil
d
oOD
a
y with lndivid-
ual Senators which we can handle im- There is hereby AND SFFZLTER mediately. There is hereby appropriate
raoc
I Just Wanted t
t
d
0 la
the Federal Emergency
Senate
the Possibility
Manap
y before the Agency, to remain available until stint.
of completing ao. 1 oRa
this bill in the T. to a ft
e
NOT "lls point, unless- the and shelter program, Notwitrinergency
VOTIN
Senator
hstand
from Alaska wishes me t
other provision of thi
o yield, I ,will
such
s made any o
So the amendment (No. 388) , as fur- aka molls consent to set aside the the terms andhc nd, ions of the (ol
they modified was committee amendment in order to b Paragra
h
r
abl
.
,
_
ejected. to
e offer other e p 5
Mr. HATFIELD
amendments. The Directo
M
r of the Federal Emergr
r. Presiden t, I 'wanted d to
move to next NS? Mr. President, I Management Agency shall, as soon as reconsider the vote by Which Mr make a comment. ttcabie after enactment of this Act, con
the amendh1ettt was rejected. vote
lute a national board for the purpose of
lay- DOLE. Mr. President, I yield to the Senatorf o
Mr. m esldent. I distributed how he that motion on the table. move to his co A.asks for distribute ed to
mment
and
then I
i
The
w
motion to lay on the table was west to
ll make the tional board shall co se
shall consist in of seven en
set
aside
the committee The United Way of America, st inernim
T
agreed Pto. RESIDING OFFICER. amendment in order to get on with the Army, the National Council of Churchag
-_ other the Salvap
Senator from Oregon, CER' The business e I of
Sal amendments that Christ in the TT c . --
Could have order in the Senate , I rRRC -'1nJ1NG OFFICER. The Jewish Federations IncEl re the C repryw the can
Ike
Would L a , If I SenBtOr f rom Ala? cross. and the Federal mittee Mr' ST'4ENS? Mr, President, j ment Agency shall each Emergency a
Amendment that Is the PendcOm- ing regret the fact that this represen to sit on the national board. !'1
question. to say that we have g been a fair] last vote has representative of th
Mr
g
Y
.
e Federal Erne
Senate realizes that this I hope the Management Agency shall chair the ow
Senator
RD. Will the distinguished his amendment al board-
Yield? will be back in another fo
Mr' Senator yield HATVMLD- I Yield I want to call to rM? Each locality designated by the national
Mr, ByRD We still have m ~ ~ the fact thane attention ik of the board to receive funds shall constitutes,
ment in the first d y amend- 5 years the the last local board for the purposes of determining
with me if the dist degree. It Is all right has been able It get an (o how its funds will be distributed. The local
gufshed chairman get an a authorization board shall consist, to the extent
ask unanimous consent to chairman bill In Only 3 of those years. ble. of representatives of the same thactica-
wishes tiate the to order for the y a not had any rea cclose ?e? We have lions mayor as or the national board except that the
do not think there and nays. I with the cooperation a
other rollct vote. will need to be an. House or with the a _ PPropFed head of government
tration in dealing with either attar will replace the Federal
Mr. IMr. President, of security or matters a Th e Di r Agency Emergency me Man-
stand corrected- I it is time for terrorism. I believe that The ectorof theer}l awe l
leader The Democratic us to show the really Management Agency is correct. His amendment in great concern of the country in these $110,000,000 to the national f t a board grant for
the first degree is the pending two sub within
tion. ques- which will by organizing a body thirty pos after eovctmgnt oe thin y Act f for
I yield to the Senator ! and the unite the House, the Senate and phepose of providing emergency ooh
he wish or whatever administration to pursue the p shelter needy individuals through
es to do on that. It would be question of the ads private Voluntary of l
satisfactory on out side to vitiate the qty our laws through units of locl oveaniz~tions and
order for the a our Nattion not only our security but Eligible u government,
Mr, g yes and nays? against terrorism. should Private voluntary organizations
YRD. I make that request, Mr. Mr- HATFIELD. Mr. President, I noaccofn, have a
voluntary
President. now ask un bce nondiscrimination.
The
Is ~ system, and prac-
RESIDING aside animus consent to lay nondscriccmination.
PRESIDING
there OFFICER. temporarily the Pending y Participation in the
objection? REST Without objection, it tee amendment in order that enatorrs lion's based o r r upon
should be
Is so ordered, may offer other amendments Private voluntary elter z .
unit a of local prOgr government's
The question Is on agreeing to the The PRESIDING OF'F'ICER. to deliver emergency ability
food and shelter to
needy individuals and such other factors as
amendment. there objection? Without objection, it are determined by the local boards,
The amendment (No. 367) is so ordered.
jetted, was re- Mr. DIXON
addressed Total per rentr of costa shall not
Mr. HATFIELD The PR the Chair. lion- d 2 r??nlum of the total a a.
believe we are ? Now. Mr. President, Senator from Illinois.
OF'F'ICER. The lion p ppropHa-
on
the the track where A tutt.jrtzo?1 ,y the Charter
committee amendment AMID ?r NO. 371 shall ; C I
Com-
The Pending
is the (?it '' .rporation, the Corporation
g question. Is that correct? (Purpose: To appropriate $110.oaO, shall to ,t,d distribute
b C surplus food
OFFICER. the emergency Xfood and shelter pro > of ti i )r
Senator Is correct The tine Inder irchan by the [he
pora-
Mr. HATFIELD I an amendment to the Preside smid I send hey "`' r al ,d distribution and emer-
the Senator from Arizona opef u l that its l ask for tilt- r p"_eram in cooperation racioron with
immediate consideration. nergenev
present either a substitute y The PRESIDING A~cc nc Management
amendment clerk will report. OFFICER. The Mr. DI ION.
Mr. President. I rise
Coda; 1 1 ;; , 1;urpose of offering an
exi
edg
eme
occ
g
the
Rsco
hun
blew
proacl
wment
]donna,
what di
Presider
tee on
has Jura
Senate I
Jurisdict
han pr(
these in
It has
ing of
Prograr
cussed
man of
last yet
thorizec
and Shi
Last
ingly p
troduct
lion to
ter Pr(
include
priatio
Senate
to 40",
last At
among
than ,%
Mr.
bility
in urt
across
many
that
budge
the p:
we cu
be hL
sistan
when
ante,
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