3 ment of Defense personnel during the period beginning on May 24, 1982, and ending on the date of the adop- tion of this resolution concerning methods for obtaining support of Department of Defense contractors and sub- contractors for congressional approval of procurement of the C-5B aircraft and methods for assisting contrac- tor and subcontractor efforts in gaining congressional approval of procurement of the C-5B aircraft. (7) All records concerning efforts during the period beginning on May 26, 1982, and ending on the date of the adoption of this resolution by Department of Defense personnel to solicit communications from private military associations to Congress, or to individ- ual Members or staff of Congress, in support of pro- curement of the C-5B aircraft. (8) All photographs and other material prepared by Department of Defense personnel during the period or other support for procurement of the C-5B aircraft. HRES 512 IH 4 (9) All records of activities by Department of Defense personnel during the period beginning on June 1, 1982, and ending on the date of the adoption of this resolution involving preparation of drafts of letters to be sent to Members of Congress by other Members of Congress in support of procurement of the C-5B aircraft. (10) All records of activities by Department of Defense personnel during the period beginning on May 24, 1982, and ending on the date of the adoption of this resolution advising Department of Defense contractors on materials to be used in obtaining congressional support for Department of Defense airlift plans. (11) All correspondence and other documents, and all drafts of correspondence and other documents, prepared by Department of Defense personnel or by employees of Department of Defense contractors during the period beginning on May 20, 1982, and ending on the date of the adoption of this resolution for presenta tion to the chairman of the Committee on Armed Services, the chairman of the Committee on Appropriations, or any other Member of Congress as representing the position of the Secretary of Defense on procurement of the C-5B aircraft. 5 (12) All records of meetings or conversations of Department of Defense personnel during the period beginning on May 20, 1982, and ending on the date of the adoption of this resolution in which reference was made to financial contributions to Members of Congress from political action committees. (13) All records of activities of Department of Defense personnel during the period beginning on May 20, 1982, and ending on the date of the adoption of this resolution to ensure that Department of Defense witnesses before congressional committees understand the Department of Defense position on procurement of the C-5B aircraft. (14) All records of the Secretary of Defense, Deputy Secretary of Defense, Undersecretary of Defense for Research and Engineering, and other Department of Defense personnel since January 1, 1982, re garding the decision to request congressional approval of procurement of the C-5B aircraft. SEC. 2. For the purposes of this resolution: (1) The term "Department of Defense personnel" includes officers and employees of the Department of the Air Force and members of the Air Force. 1 6 (2) The term "records" includes memorandums, 2 notes, correspondence, minutes and other records of 3 meetings, and any written record of conversations. The CHAIRMAN. Mr. Dicks. STATEMENT OF HON. NORMAN D. DICKS, A REPRESENTATIVE FROM WASHINGTON Mr. DICKS. Thank you, Mr. Chairman. Mr. Chairman, we were told by the staff to keep this very brief, about 10 minutes. All four of us are scheduled to be at markups this morning on important legislation, so I will present my prepared statement for the record. I will also submit a legal memorandum and a copy of our resolution that I think clearly provides the committee and its staff with the legal underpinnings for our resolution of inquiry. Mr. Chairman, members of the committee, on June 22 we introduced, along with eight of our colleagues, H.Res. 512. This resolution directs the Secretary of Defense to provide certain information relative to the Defense Department's involvement in a lobbying effort on the airlift enhancement issue. We recognize that this represents an unusual action. However, it is an action made necessary by the unusual circumstances which are confronting us. On June 22 a number of reports appeared in newspapers across the country describing a concerted and coordinated lobbying effort involving the Lockheed Corp., the Air Force and the Department of Defense. These reports were based on documents acquired by members of the press. The documents detail a wide range of actions that demonstrate obvious improprieties and possible violations of criminal law. We have had a chance to review these documents ourselves and are providing copies for the committee's records. In our judgment, the activities described in these documents represent an unprecedented abuse of a much abused law prohibiting the use of appropriated funds to lobby the Congress. This statute, title 18, section 1913, provides: No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed, or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. Whoever, being an officer or employee of the United States or of any department or agency thereof, violates or attempts to violate this section, shall be fined not more than $500 or imprisoned not more than 1 year or both; and after notice and hearing by the superior officer vested with the power of removing him, shall be removed from office or employment. Mr. DICKS. Section 702 of the Department of Defense Appropriations Act, 1982, was similarly abused. This section provides: No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. Mr. DICKS. All of us in Congress have observed actions which probably involve violations of these statutes. However, the actions engaged in by the Air Force and the Department of Defense go far |