and the report amply covers many of them. The list of continuing problems is long also, and it is important for my colleagues to look carefully--not at what this President and his highly politicized Administration members say, but at what they do. The success of the investigation covered in this report rests upon the strong and enduring Constitutional structure of our government, which has proven again in this case its resilience against even the most perverse attempts to damage it. At a critical point in the investigation, the Subcommittee was confronted with a refusal to make government employees available for questioning except under circumstances controlled by the Agency which could have muzzled career officials desiring to be candid. To protect those officials and the process of Congressional investigation, the Subcommittee undertook the unusual step of subpoena ing witnesses to testify in executive session unaccompanied by Agency watchdogs. Proceeding in a fashion similiar to a grand jury, the Subcommittee received testimony and documents which have formed a primary basis for its report. A number of witnesses, relying upon the confidentiality of the executive session, testified at length about matters and problems associated with the administration of Superfund and the EPA. The Federal employees who came forward--often at their personal and career peril--to tell the truth to the Subcommittee are worthy of the highest respect and commendation. The many individuals who cooperated with the Subcommittee showed their own strong belief in the American system and in the need to protect its integrity by the faithful execution of the laws. The Subcommittee can be very proud also of the staff, on both sides of the aisle, whose professional ability, integrity and dogged hard work also serve to protect the institutions of our Government and the proper prerogatives of the Congress. Special thanks and praise are due to the hard work of Dorothy Brown, Candace Martin, Sara Franko, Barboura Flues and Nord Wennerstrom for their tireless efforts in managing copy and formatting and preparing this report; thanks are also offered to Phyllis Freeman, Patrick McLain and Benjamin Fisherow of the Subcommittee staff and to Mort Rosenberg and Richard Ehlke of the Congressional Research Service for the extra time and effort they put into assisting the Subcommittee's inquiry. I deeply regret our need to conduct the Subcommittee's business in executive session, which was necessitated by the extraordinary conditions the former Administrator attempted to place on her Agency employees. Had we accepted them, those conditions would have subverted our investigation by imposing a virtual gag on those employees. Sincerely, John D. Dingell, Chairman, 3. Some of the Withheld Documents Revealed Miscon- duct and Mismanagement by Agency Officials and b. Executive Branch Officials Misrepresented the Nature of the Withheld Documents .... (1) Administration Officials Underestimated the Number of Documents Withheld from (2) Administration Officials Exaggerated the Sensitivity of the Withheld Documents ..... (3) Administration Officials Misled the Ameri- can People by Denying that Evidence of Misconduct was Contained in the Withheld 4. The Attorney General's Legal Opinion Supporting the Claim of Executive Privilege was Seriously a. The Opinion Misrepresented the Historic Position of the Executive Branch b. The Opinion Misconstrued the Constitutional Responsibilities of the President and the 5. Congressional Access to Law Enforcement Files and Agency Deliberative Documents: Important B. Anne M. Burford's Imposition of Restrictive Condi- C. The Unlawful Removal and Concealment of Official EPA Documents by Rita M. Lavelle and Her Staff 1. Purloined Papers and Perjury: A Summary 2. Removal of EPA Records .... a. Document Removal on the Weekend of February 4-6, 1983--Decision Documents, Briefing A. Disregard for Public Health and the Environment 2. EPA Administrator Burford and Assistant Adminis- b. Stringfellow--The July Aborted Announcement and the September Refusal to Fund Cleanup: Mrs. Burford's Policy Reasons Are Not Valid (1) The Grant Deviation Issue Did Not Hold Up (2) Inadequate Information About the Agency's Enforcement Effort Was Not a Valid Reason For Withholding Funding From Stringfellow Stringfellow In September, 1982 . (3) The Alleged Lack Of An Imminent Threat To Public Safety Or Welfare Was Not A Valid Reason For Withholding Funding From String- (4) The Cost-Share Issue Was Not A Valid (3) The Statements and Actions of the Three Senior Superfund Officials Indicated That Political Considerations Were Involved in Mrs. Burford's Decision to Withhold Fund- ing for Cleanup at the Stringfellow Site .. 212 f. The Department of Justice Investigation Did Not Clear Former EPA Administrator Burford of a Violation of the Public Trust .... |