Congress Members Predict Move to Curb President’s Secret Diplomacy

Members of Congress predicted Friday that even if President Reagan did not violate any law by sending arms to Iran, the controversy over his actions will lead to legislation restricting the President’s ability to conduct secret diplomacy in the future.

Reagan’s speech to the nation on Thursday night clearly failed to quell a widespread suspicion among both Republicans and Democrats that the shipments of arms to Iran had undermined U.S. policy against negotiating with terrorists. Even though Congress is not in session, many lawmakers issued statements condemning the shipments.

“We’re sending the worst possible message to every terrorist in the world,” said Sen. Carl Levin (D-Mich.), echoing the sentiments of many members. “The word is, ‘Take a hostage, and we’ll give you arms.’ ”

Sen. Joseph R. Biden of Delaware, the second-ranking Democrat on the Foreign Relations Committee, said Reagan’s address “underscored how amateurish this thing has been.”

Sen. Pete Wilson (R-Calif.) criticized Reagan’s decision to send weapons, telling a news conference, “Personally, I think they should have chosen some other means, like medical supplies.”

Close to Violating Laws

Although some lawmakers cautioned that they did not yet have enough information to decide whether the President had broken any law, they said it appeared the Administration had come dangerously close to violating laws that govern arms shipments and specify the duties of the intelligence agencies to inform Congress of such activities.

As a result, a number of legislative proposals already were being drafted that would place stricter limitations on the President in the future.

Administration officials have said that the entire arms program for Iran was approved in advance by Atty. Gen. Edwin Meese III, and members of Congress were expected to ask the President to supply them with Meese’s legal opinions.

Senate Democratic Leader Robert C. Byrd of West Virginia said he has asked the Library of Congress to conduct a study to determine whether the President had violated the National Security Act or the Arms Export Control Act by failing to notify members of Congress in advance of the arms shipments. The study is expected to be completed next week.

More NSC Control Urged

Byrd also suggested that Congress should require Senate confirmation of the President’s national security adviser in the future in order to have more control over the selection of the National Security Council staff, which directed the Iranian effort. Sen. Edward Zorinsky (D-Neb.) has frequently offered such legislation in the past.

In addition, Byrd said he has asked his staff to prepare legislation that would repeal the special exemption in the National Security Act that the Administration has cited to back its contention that it did not violate the act. The law requires the President to notify House and Senate leaders in advance of all covert operations involving intelligence agencies, but the exemption says that in cases of extreme national importance the President must notify Congress in a “timely fashion” but not necessarily in advance of taking covert action.

Senate Intelligence Committee Chairman Dave Durenberger (R-Minn.) said he felt certain the Administration had carefully structured the Iranian arms program to legally circumvent all the requirements of the National Security Act, but he predicted the President’s unwillingness to inform Congress would lead to the passing of legislation eliminating all exemptions.

Avoiding the ‘Nit-Picking’

“I think it would be unfortunate,” Durenberger added. “I have always felt that Congress needs to give the President as much latitude as we can in these matters. All this nit-picking could have been avoided if they had simply been willing to notify a few members of Congress in advance.”

At the same time, an aide to Rep. Dante B. Fascell (D-Fla.), chairman of the House Foreign Affairs Committee, said he doubts that the President complied with the exemption in the National Security Act because the Administration did not even notify Congress “in a timely fashion” after the arms shipments began.

“Certainly, something that goes on for 18 months does not fit anyone’s definition of ‘a timely fashion,’ ” he said. Members of Congress were not briefed until this week.

The aide indicated that the Foreign Affairs Committee also is looking into whether the shipments violated the Arms Export Control Act, which requires notification of Congress for all shipments of military goods to other countries if their value exceeds $50 million. So far, the Administration has not disclosed the value of the shipments.

Public Policy ‘Subverted’

Sen. Levin said he could not understand why the President was sending arms to Iran when the Commerce Department decreed last January that Iran would continue to be on the list of countries that are prohibited from receiving such U.S. exports on grounds that they support terrorism. “Our public policy was subverted by our private actions,” he said.

The list of terrorist nations is published by the government under the Export Administration Act, which controls the export of non-military goods.