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RESOLUTION CALLING FOR AN ETHICS PROBE OF CHAIRMAN GONZALEZ (House of Representatives - August 04, 1992)

[Page: H7366]
    

The SPEAKER pro tempore. Under a previous order of the House, the gentleman from Illinois [Mr. Michel] is recognized for 5 minutes.

• Mr. MICHEL. Mr. Speaker, I introduce this resolution with great reluctance. But quite frankly I don't know what else to do. Over 2 1/2 months ago, in an effort to keep this above politics, I quietly wrote the Speaker about my concerns over the unauthorized disclosures by Chairman Gonzalez, urging quick and decisive action. I got no response, even Attorney General Barr indicated in a letter to the Speaker that because of Mr. Gonzalez' unauthorized disclosures, the administration must cease furnishing him classified information.

• Eleven days ago in another letter to the Speaker, I reiterated my concerns, and noted that since my original letter, there had been more unauthorized disclosures by Mr. Gonzalez that were drawn from very sensitive and highly classified CIA documents. These latest disclosures prompted letters to House leaders from the Director of Central Intelligence, Robert Gates, and Adm. William Studeman, who is temporarily serving as the acting Director of Central Intelligence.

• Both Gates and Studeman have indicated that Mr. Gonzalez has unilaterally disclosed classified intelligence information. So have representatives of the State Department and Treasury Department with respect to classified information emanating from their agencies which they gave Chairman Gonzalez in a good faith effort to comply with his requests.

• Mr. Speaker, the information that Mr. Gonzalez has been disclosing was furnished to him with the understanding that it be properly protected. The key to successful oversight of intelligence matters is trust. Without it, the whole process breaks down. Failure to act on this matter provides the executive branch with a legitimate reason to withhold information--information that is crucial to meaningful oversight.

• Failure to address this problem immediately will also cause serious damage to our Intelligence activities overseas. Put yourself in the shoes of a friendly country or third parties who have been helping our intelligence officers carry out their mission. Letting this go on unaddressed creates the perception that Congress is a sieve and we are unconcerned about the security interests of our allies and the lives of our intelligence officers and their agents.

• We must remember that in this highly interdependent world we can't go it alone. Terrorism is a case in point. Most terrorism against U.S. citizens occurs overseas. To combat it, we need the cooperation of our allies. That kind of cooperation is going to dry up--if we continue to let leaks like this go unpunished.

• Failure of the House to hold Mr. Gonzalez accountable places him above the law. Moreover, this steady stream of leaks by a senior Member of this body reflects very badly on the public reputation and dignity of the House as an institution, quite apart from any consideration of the merits of Chairman Gonzalez' speculations on the meaning and significance of the information he has been disclosing. For the leadership of the House to continue to tolerate this highly questionable behavior has other far-reaching and disturbing ramifications. It feeds what I fear is a growing and very troubling perception of the relative ease with which any Member can disclose classified information with impunity.

• Mr. Speaker, every Member of this institution must abide by our rules and procedures. When a member of a committee wishes to bring classified executive branch information before the House, rule 29 provides the vehicle of a secret session to do so. That information must remain protected unless the House votes to disclose it. In short, I believe that Mr. Gonzalez' conduct does not reflect creditably on the House and violates clause 1 of House rule 43, which deals with Members' code of conduct. It also violates clause 2 of House rule 43, which enjoins all Members to adhere to the spirit and the letter of the rules of this body.

• It is against this backdrop, Mr. Speaker, that I introduce this resolution today. Enough is enough. It is time for action. Every day of inaction risks further disclosures and further damage to national security interests and to the vitality and effectiveness of the legislative oversight process.

H. Res. --

Whereas on March 2, 1992, Representative Henry B. Gonzalez knowingly and willfully inserted in the Congressional Record documents of the Executive Branch bearing markings indicating that they were classified for reasons of national security;

Whereas on July 7, 1992, Representative Gonzalez willfully disclosed information from a purported Central Intelligence Agency intelligence document which he publicly acknowledged at that time to be classified;

Whereas the Director of Central Intelligence, Robert M. Gates, has indicated in writing that Representative Gonzalez's `statement in the Congressional Record on 7 July 1992 included information from a TOP SECRET compartmented and particularly sensitive document' to which the Central Intelligence Agency had given his committee staff access;

Whereas the Director of Central Intelligence further stated in writing to Representative Gonzalez, regarding his July 7, 1992, statement in the Congressional Record, that, `Because of the sources and methods underlying that information, I will ask for a damage assessment to determine the impact of the disclosure. I regret that you chose to discuss information from classified documents without attempting to determine if we could work out a way to satisfy . . . our need to protect intelligence sources and methods';

Whereas the Acting Director of Central Intelligence, Admiral William O. Studeman, has confirmed in writing to Representative Gonzalez that portions of statements in the Congressional Record by Representative Gonzalez on July 21 and 27, 1992, `were drawn from classified intelligence documents, some of which are Top Secret, compartmented, and particularly sensitive';

Whereas the Acting Director of Central Intelligence has stated in writing to Representative Gonzalez, regarding his statements in
the Congressional Records of July 21 and 27, 1992, that, `I have asked the Office of Security of the Central Intelligence Agency to undertake a review of your statements in order to determine the impact of the disclosures of intelligence information on intelligence sources and methods';

Whereas the Department of State has confirmed in writing that, over a number of days, Representative Gonzalez `inserted into the Congressional Record the full text of at least fourteen classified documents generated by the Department of State,' and the Department of State indicated further that those documents `contain classified information involving sensitive diplomatic discussions';

Whereas the Treasury Department has indicated in writing `very serious concerns' over Representative Gonzalez's `disclosures of classified information in the Congressional Record' which included information from a classified Treasury Department document;

Whereas on numerous other occasions Representative Gonzalez has knowingly and willfully disclosed in the Congressional Record information from Executive Branch documents which are apparently classified for reasons of national security;

Whereas the classified documents in question were apparently made available to the Committee on Banking, Finance and Urban Affairs by Executive Branch agencies in good faith cooperation with a committee investigation and with the expectation that access would be restricted to persons with appropriate security clearances;

Whereas the public disclosure of information from the classified documents in question was not necessary for legitimate legislative oversight, and the Committee on Banking, Finance and Urban Affairs apparently has not voted to disclose publicly those classified documents;

Whereas the public disclosure of the contents of the classified documents in question appears to be detrimental to the national security and foreign policy interests of the United States;

Whereas the conduct of Representative Gonzalez raises serious questions of possible violations of Clauses 1 and 2 of Rule XLIII (Code of Official Conduct) and possibly Clause 2(k)(7) of Rule XI (Rules of Procedures for Committees) of the House;

Whereas the knowing, unilateral and unauthorized disclosure of classified information by Representative Gonzalez seriously imperils the spirit of mutual cooperation and trust between the Congress and the Executive Branch so critical to effective legislative oversight;

Whereas the nature and gravity of the conduct of Representative Gonzalez is such that the reputation and dignity of the House as an institution and the integrity of its proceedings, especially its oversight activities, may well be adversely affected;

Whereas Representative Gonzalez willfully continues to disclose publicly information from classified documents; and

Whereas in the interest of a prompt and fair resolution of the serious questions raised regarding the apparent unauthorized disclosure of classified information in seeming violation of the Rules of the House of Representatives: Now, therefore, be it

Resolved, That the Committee on Standards of Official Conduct is directed to investigate whether Representative Gonzalez has, during the Second Session of the One Hundred and Second Congress, publicly disclosed classified information in the Congressional Record, and in so doing violated the Rules of the House of Representatives or any duly constituted committees. All other committees, and all Members, officers, or employees of the House who may have information relevant to this investigation are directed to cooperate promptly with the Committee on Standards subject to procedures the Committee shall adopt necessary to protect from unauthorized disclosure classified information which may be transmitted to the Committee pursuant to this investigation. The Committee on Standards of Official Conduct shall promptly report its findings and any recommendations to the House.

[Page: H7367]
    

The SPEAKER pro tempore. Under a previous order of the House, the gentleman from Indiana [Mr. Jontz] is recognized for 5 minutes.

[Mr. JONTZ addressed the House. His remarks will appear hereafter in the Extensions of Remarks.]

The SPEAKER pro tempore. Under a previous order of the House, the gentlewoman from Illinois [Mrs. Collins] is recognized for 5 minutes.

[Mrs. COLLINS of Illinois addressed the House. Her remarks will appear hereafter in the Extensions of Remarks.]

The SPEAKER pro tempore. Under a previous order of the House, the gentleman from Illinois [Mr. Lipinski] is recognized for 5 minutes.

[Mr. LIPINSKI addressed the House. His remarks will appear hereafter in the Extensions of Remarks.]

The SPEAKER pro tempore. Under a previous order of the House, the gentleman from Alabama [Mr. Browder] is recognized for 5 minutes.

[Mr. BROWDER addressed the House. His remarks will appear hereafter in the Extensions of Remarks.]

The SPEAKER pro tempore. Under a previous order of the House, the gentleman from Illinois [Mr. Annunzio] is recognized for 5 minutes.

[Mr. ANNUNZIO addressed the House. His remarks will appear hereafter in the Extensions of Remarks.]

END