RULES OF PROCEDURE OF THE SENATE SELECT COMMITTEE ON ETHICS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R001900080053-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 19, 2016
• Document Release Date: November 21, 2006
• Sequence Number: 53
• Publication Date: September 18, 1978
• Content Type: MF

Approved For Release 2006/11/21 : CIA-RDP81 M00980R001900080053-6
18 September 1978
0-1,;&'
1,C: 78-5194
1 EMORA.NI)UP;i FOR.: Deputy Legislative Counsel
s9-is rant Legislative Counsel
SUBjEC`i': Rules of Procedure of the Senate Select Comrnit:t!v-!
on Ethics
1. With regard to the inquiry made to you by Don Sanders, Special
Counsel, Morgan.-Schmitt Senate Select Committee or, Ethics Subcommittee,
note that the Rules of Procedure of the Senate Select Col inittee on I t:hics
provide the following with regard to adjudicatory hearings:
--that the Committee may determine in accordance with
paragraph 7 (b) of Rule XXV of the standing rules of
the Senate whether to receive testimony in executive
session.
--that, at the discretion of the Committee, an "appropriate
agreement" limiting access and disclosure of information
and documents provided to the respondent may be required.
--that if a respondent "or other individual" violates an agreernerit
limiting access and disclosure the Committee, by majority
vote, may recommend to the Senate that the offender be
cited for contempt of Congress.
The Rules of Procedure also provide safeguards for handling_of transcripts
of executive session hearings.
2. The Rules of Procedure thus provide three out of the four major
safeguards we would desire, i.-e., executive session, nondisclosure af;ree-
ment, and the sanction of contempt of Congress. What is missing is any
arrangement for a security check on outside counsel, expert witnesses, or
others outside the Committee, its' staff, or the respondent who might
become party to the procedures . '
3. I think that in the case of the Morgan--Schmitt Subcornrnittee,
our desire to carry forward the DCl's responsibility for the protection
of intelligence sources and methods has to be balanced against the
importance of keeping the DCI in a cooperative posture vis-a-vis the
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 Approved For Release 2006/11/21 : CIA-RDP81 M00980R001900080053-6
Subcommittee clearly charged with pursuing investigations of
unauthorized disclosures. We have an interest in seeing to it that the
Morgan-Schmitt Subcommittee becomes an effective deterrent. -I think
we can handle the problems posed by Don without a formal amendment
to the Memorandum of Understanding between the DCI and the Subcommittee.
I would suggest an exchange of letters wherein Sanders specifies that the
procedures outlined above will be employed in the forthcoming hearing
and we ask for the addition of a National Agency Check on. counsel or
other outside parties likely to be exposed to classified material.
4. 1 am not certain that either OCC. or the Office of Security will
concur with this kind of arrangement. I do think it will be necessary
to have their agreement before proceeding.
Distribution:
Original - Addressee
1-OLC Subj
1-OLC Chrono
OL.C:GMC:rnlg (18 Sept 1973)