LETTER (SANITIZED)FROM DAVE DURENBURGER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01390R000600750030-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 27, 2016
• Document Release Date: December 13, 2010
• Sequence Number: 30
• Publication Date: December 4, 1986
• Content Type: LETTER

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BERGER MINNESOTA CHAIRMAN
J LEAHY. VERMONT. VICE CHAIRMAN
DELAWARE
MAINE
,AN
:,1( ALASKA
,I-PENNSYLVANIA
IADA
m; NNi? AENTUCIo
LLOYD BENTSEN TEXAS
SAM NUNN GEORGIA
THOMAS F EAGLETON. MISSOURI
ERNES' F HOLLINGS SOUTH CAROLINA
DAVID L BOREN OKLAHOMA
BILL BRAD_Ev NE,A JERSE,.
Unital 05tatts eStnate
ROBERT DOLE KANSAS EX OFFICIO SELECT COMMITTEE ON INTELLIGENCE
ROBERT C BYRD WEST VIRGINIA, EX OFFICIO
BERNARD F McMAHON ST F DIRECTOR
ERIC 0 NEWSOM MINORITY STAFF DIRECTOR
WASHINGTON DC 20510
December 4, 1986
Central Intelligence Agency
Washington, D.C. 20505
Dear
The Senate Select Committee on Intelligence has
initiated an investigation to determine the extent of and
authorization for U.S. intelligence activities in connection
with the
We hereby request your testimony under oath in this
investigatimi
Enclosed
is a copy of the Committee Rules which set forth procedures
related to the taking of testimony. Also enclosed is a copy
of the Committee's letter to the President requesting
Executive branch cooperation.
The Committee looks forward to your testimony with
great interest.
Sincerel
Enclosure
Dave Durenb rger
Chairman
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STAT
STAT
STAT
STAT
STAT,
STAT
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Piocconts roe rws Sager Com?
ow lirrauciarce. OEM &MU
(Adopted June 23. 1971)
( Amended October 1086)
Reuss or Paocezimut
Ifni 1. ?pavane? Or allaTt314311
1.1 The regular meeting day of the
Select Committee on Intelligence for the
tntrumction of committee business shall be
every other Wednesday of each month.
unless otherwise directed by the chairman.
1.2 The chairman shall have authority,
upon proper notice, to call such additional
meetings of the committee as he may deem
necessary and may delegate such authority
to any other member of the committee.
1.3 A special meeting of the committee
may he called at any time upon the written
request of five or more members of the com-
mittee filed with the clerk of the committee.
1.4 In the case of soy meeting of the
committee, other than a regularly sched-
uled meeting, the clerk of the committee
shaft notify every member of the committee
of the time and place of the meeting and
shall give reasonable notice which, except in
extraordinary drcumstances, shall be at
least 24 hours in advance of any meeting
held in Washington. DC. and at host 48
hours in themes of any meeting held out-
side Washington. DC-
1.5 If five members of the committee
have made a request in writing to the chair-
man to call a meeting of the committee, and
the chains= fails to call such a meeting
within seven calendar days thereafter. in-
cluding the day on which the written notice
Is submitted. these members may call a ?
meeting by filth& II .1133?11 notice with the
clerk of the committee who shall promptly
notify each member of the committee in
writing of the date and time of the Mein&
al7La a. 3113111310 FROCZBOR55
3.1 Meetings of the committee shall be
open to the public except as provided In
Senate Resolution 9. 94th Congrees. 1st ses-
sion.
L2 It shall be the duty of the staff direc-
tor to keep or cause to be kept a record of
all committee proceedings.
2.3 The chairman of the committee, or if
the chairmen is not present the vice chair-
man, shall preside over all meetings of the
committee. In the absence of the chairman
and the vice chairman at any meeting the
ranking majority member, or ff no majority
member is present the ranking minority
member present shall preside.
2.4 ixcept as otherwise provided in these
rules. decisions of the committee shall be by
majority vote of the members present and
voting. A quorum for the transaction of
committee business. including the conduct
of executive sessions, shall consist of rim
committee members, except that for the
purpose of hearing witnesses taking sworn
testimony, and receiving evidence under
oath, a quorum may cot of one Senator.
2.5 A vote by any member of the commit-
tee with respect to any mesaure or matter
being considered by the commfttee may be
cast by proxy if the proxy authorisetion (1)
Is in writing (2) designates the member of
the commfttee who is to exercise the proxy:
and (3) is limited to a specific measure or
matter and any ansendmenta pertaining
thereto. Proxies shaft not be considered for
the establishment of a quorum.
2.6 Whenever the committee by roll call
vote reports any measure or matter, the
report of the committee upon such measure
or matter shall include a tabulation of the
votes cast in favor of and the votes cast In
oppoidtion to such measure or matter by
each member of the committee.
SOU 3. 5175C01011T112$
Creation of subcommittees shall be by ma-
jority vote of the committee. Subcommit-
tees shall deal with such legislation and
oversight of programs and policies as the
committee may direct. The subcommittees
shall be governed by the rules of the com-
mittee and by such other rules they may
adopt which are consistent with the rules of
the committee.
Ittyla 4. WORMS Or soestrems Oa
at0011303.5311011411
4.1 No measures or recommendations
shall be reported, favorably or unfavorably,
from the committee unless a majority of the
committee is actually present and a majori-
ty concur.
4_3 In any case in which the committee is
unable to reach a unanimous deon, sepa-
rate views or reports may be presented by
any member or members of the committee.
4.3 A member of the committee who
gives notice of his intention to file supple.
mental, minority, or additional views at the
time of final committee approval of a mess-
ore or matter, shall be entitled to not lemi
than three working days in which to file
such views. In writing with the clerk of the
committee. Such views shall then be includ-
ed in the committee report and printed in
the same volume, as a part thereof, and
their inclusion shall be noted on the cover
of the report.
RUIZ 5. 1110111/XaTIORS
5.1 Unless otherwise ordered by the com-
mittee, nominations referred to the commit-
tee shall be held for at least 14 days before
being voted on by the causeittes.
5.2 Zech member of the committee shall
be promptly furnished a copy of all nomina-
tions referred to the committee.
5.3 Nominees who are invited to appear
before the committee shall be heard in
public session, except as provided in rule 11.
5.4 No confirmation hearing shall be
held sooner then seven days after receipt of
the background and financial disclosure
statement unless the time limit is waived by
a majority vote of the committee.
5.5 The committee vote an ? confirma-
tion shall not be sooner than 48 hours after
the committee has received transcripts of
the confirmation hearing unless the time
limit is waived by unanimous consent of the
committee.
5.6 No nomination shall be reported to
the Senate unless the nominee has filed a
background and financial disclosure state-
ment with the committee.
al= s. TIVIZTION120315
No investigation shall be initiated by the
committee unless at least five members of
the committee have specifically requested
the chairman or the vice chairman to au-
thorise such an investigation. Authorised in-
vestigations may be conducted by members
of the committee and/or by desimsated com-
mittee staff members.
Ma v. 517530111A5
Subpoenas authorised by the committee
for the attendance of witnesses or the pro-
duction of metooranda. documents, records
or any other material may be iesued by the
chairman, and may be served by any Person
designated by the chairman, the rice chair-
man, or any member of the committee des-
ignated by the chairman, vice chairman or
member amine the subpoenas. Zech sub-
poena shall have attached thereto ? copy of
Senate Resolution 400, 94th Congress. 3d
seldom and a copy of these rules.
IIII.1 5 VSOCINWORIB RIL417. TO rag WONG
Or 1111711501IT
&I Modem -WItassesi required to appear
before the committes shall be sem roman-
able notice and all witnesses shall be fur-
nished a copy of these Rules.
8.2 Oath or iterlinnatiois -Testimony of
witnesses shall be siren under oath or affir-
mation which may be adininisterol by any
member of the committee.
11.3 faterroostioit -Committee interroga-
tion shall be conducted by members of the
committee and such committee staff as are
authorised by the chairman, vim chairman,
or the presiding member.
$4 Conrad /or the witiessit--(a) Any wit-
OM may be accomPaniedby mina* A Int-
nom who is malls to obtain counsel may
Inform the committee of such fact. It the
winsome informs the committee of this fact
at least 34 hours prior to his appearance
before the committee the tionmeittee shall
them endeavor to obtain voluntary tainsel
for the vitalism Pailive to obtain such coun-
sel will not excuse the 'Unarm from appear-
ing and testifying.
(0) Counsel shell conduct thonselvel in an
ethical and protemionel manner. Failure to
do se shall. upon a finding to that Meet by
a majoeity of the members present. subject
such counsel to deciplinsry action width
may hochade warning,. caesura reineval. Olt
a reoonimendation of contempt proosedinge.
(c) There OMR be no direct or oreesestem-
instils by. ostenseL Hooner, osumel may
submit in writing any question be Whim
Prolsoundsd to his dant ge to any ether wit-
ness and may, at the conclusion of his cli-
ent's testimony, suggest the presentation of
other evidence or the oiling of other wit-
nesses. The committee nay me such QUM-
tions and dispose of such suggestions as it
deems appropriate.
8.5 Statement by Wthiessee-A witness
may make a statement which shall be brief
and relevant, at the beginning and conclu-
sion of his testimony. Such statements shall
not exceed a reasonable period of time as
determined by the chairman, or other Pre-
siding member. Any witnees desiring to
make a prepared or written statement for
the record of the proceedings shall tile a
copy with the clerk of the committee, and
insofar as practicable and consistent with
the notice given, shall do so at least 72
hours in advance of his atmearance before
the committee.
8.6 Objectiom and Relieve-AM objec-
tion raised by a witness or counsel shall be
ruled upon by the chairman or other presid-
ing member, and such ruling shall be the
ruling of the committee unless a malerity of
the committee present overrules the ruling
of the chair.
8.7 Inspection and Correctiom.-All
nesses testifying before the committee shall
be given a reasonable opportunity to in-
spect, in the office of the committee, the
transcript of their testimony to determine
whether such testimony was correctly tran-
scribed. The wino: may be accompanied by
counsel. Any corrections the wttnos desires
to make in the transcript shall be submitted
in writing to the committee within $ days
from the date when the transcript was made
available to the Minna Convictions shall
be limited to grammar and minor editing.
and may not be made to change the Nib-
stance of the testimony. Any questions aris-
ing with respect to such corrections shell be
decided by the chairman. Upon request,
those parts of testimony given by a witnees
In executive session which are subsequently
quoted or made part of a Public record shall
be made available to that witness at his ex-
pense.
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.?ests Co Testtfr.?The committee
isider requests to testify on any
or measure pending before the com-
e. A person who believes that testimo-
ur other evidence presented at a public
-ulna or any comment made by a caw
ttee member or a member ai the commit-
ee staff may tend to affect adversely his
;Tputation, may request to appear personal-
:7 before the committee to testify on his
own behalf, or may file a sworn staternent
of facts relevant to the testimony. evidence.
or comment., or may submit to the chairman
proposed questions in writing for the cross-
examination of other witnesses. The com-
mittee shall take such action mit deems aD- ?
propriate.
8.9 Contempt Procedures.?No recoro-
reenciation that a person be cited for con-
tempt of Congress shall be forwarded to the
Senate unless and untii the committee has,
upon notice to all its members, met and me-
sidered the alleged contempt. Worded the
person an opportunity to state in writing or
In person why he should not be held in con-
tempt, and agreed, by majority vote of the
committee to forward such reamunentiation
to the Senate.
4.10 Release al Name of inthsess?Unius
authorised by the chairman, the name ot
any witness scheduled to be beard by the
committee shall not be released prior to, or
after, his appearance before the committee.
aura 11. PlItOCIENOUIS NAMILINS CLAMMED
Oa 811111MYS MATERIAL
9.1 Coessitiee staff anon shell operate
under strict security precautions. At least
one security guard shall been duty at all
times by the entrance to costrol entry.
Before entering the office all persons shall
Identify themselves.
9.2 Sensitive or classified documents and
materials shall be segregated in a secure
storage area They may be examined only at
secure reading facilities. Coining. duplicat-
ing, or removal from the committee offices
of such documents and other materials is
prohibited except as is necesisu7 for use in,
or preparation for, interviews or committee
meetings, including the taking of testimony,
and in conformity with Section 10.3 hereof.
All documents or materials removed from
the Committee offices for such authorized
purposes must be returned to the Commit-
tee's secure storage area for overnight stor-
age.
9.3 Each member of the committee shall
at all times have access to all Papers and
other material received from any source.
The staff director shall be responsible for
the maintenance, under appropriate securi-
ty procedures, of a registry which will
number and identify all classified papers
and other classified materials in the posers-
Mon of the committee, and such registry
shall be avallsible to any member of the
committee.
9.4 Whenever the Select Committee on
Intelligence makes cleasined tostarial avail-
able to any other committee of the Senate
or to any members of the &ode not a
member of the committee, the dark of the
committee shall be notified. The clerk of
the committee shall maintain a written
record identifying the particular informa
Lion transmitted and the committee or
members of the Senate receiving such lobe-
9
9.5 AMINO to dandled information AIM-
plied to the committee shall be limited to
those committee staff member with appro-
priate security clearances and a need-to-
know, as determined by the committee, and
under the committee's direction, the staff
director and minority staff director.
9.6 No member of the committee or of
the committee staff shall disclose, in whole
or in part or by way of summary, to any
person not a member of the committee or
the committee staff for any purpose or In
connection with any proceeding, judicial or
otherwise. any testimony given before the
committee in executive session including the
name of any witness who appeared or was
called to appear before the committee in ex-
ecutive session, or the contents of any
papers or other matertals or other informa-
tion received by the committee except as au-
thorieed by the committee in accordance
with section 3 of the Senate Resolution 400
of the 94th Cowes; and the provisions of
these rules, or in the event of the termina-
tion of the committee. In such a manner as
may be determined by the Senate.
9.7 Before the testimony makes any deci-
sion regarding the disposition of any testi-
mony. papers, or other materials presented
to It. the committee members shall have a
reasonable opportunity to examine all perti-
nent testimony. Paws, and other materials
that have been obtained by the numbers of
the committee or the committee staff.
101 For Purposes of these rules. Commit-
tee staff includes employees of the Cnennite
tee, employees of the Members of the Com-
mittee amigned to the Committee, consult.
ants to the Committee, or any other person
engaged by contract or otherwise to per-
form services for or at the request of the
Committee. To the maximum extent plied-
cable the Committee shell rely on its full-
thee employees to perfena all staff eine-
tains. No individual may be retained as staff
of the Committee or to perfarsa novices for
the Committee unless that bedded holds
appropriate security cheinumes.
10.2 The appointment of esannittes staff
shall be confirmed by a majoeity vote of the
committee. After confirmation. the chair-
man shall certify committee staff amain-
meets to the (Mancha clerk of the &mad in
rutting. No Committee staff dull be given
access to any classified information or regu-
lar access to the Committee offices, until
such Committee staff has received an appro-
priate security clearance as deacribed in sec-
tion I of Senate Resolution 400 of the 94th
Congress.
10.3 The committee staff works for the
committee as a whole, under the general su-
pervision of the chairman and vice chair-
man of the committee. Except es otherwise
provided by the committee, staff personnel
affairs and day-to-day operations. including
security and control of classified documents
and material, shall be administered under
the direct supervision and control of the
staff director. The minority staff director
and the minority counsel shall be kept fully
informed regarding all matters and shall
have access to all material in the flies of the
committee.
10.4 The committee staff shell amid the
minority as fully as the majority in the ea
provision of minority views. isoluding snot In in the preparation and fang of addl.
nasal. separate and minority deem to Use
and that all points of view may be fully en-
sidered by the committee and the &NOW
10.5 The members of the committee staff
shall not discuss either the substance or
procedure of the work of the essweittee
with any person not a member of the wee-
mates or the essmadttee staff ter any pur-
pose or in connection with any promiedng,
judicial. or otherwise, either during his
tenure as a member of the committee staff
or at anytime thereafter except as directed
by the committee in accordance with section
Sot Senate Resolution 4110 of the 94th Con-
gress and the provision of these rules, or in
the event of the termination of the commit-
tee, in such a manner as may be determined
by the Senate.
-2-
10.1 No member of the cosanifttee staff
shall be employed by the committee tidies
and until such a member of the commtbee
'tat agrees in writing, as a condition of mu
pioyment to abide by the conditlods of the
nondiscbsure agreement promulgated by
the Senate Select Committee on intelli-
gence pursuant to sorties II of &mate Reso-
lution 400 of the 94th Comma 2d Session,
and to abide by the Committee's oode-d-
conduct.
10.7 No member of the mousitise gat
shall be employed by the casualties tunas
and until such a member of the committes
staff agrees in writing, ma condftkm of am
ployment to DOilt7 the committee or in the
event of the weamittee's terminaties. the
Senate of any request for his tuakesey.
either during his tenure as ? weeder of the
committee staff or at any time thereafter
with respect to information while arm
into his POGNINICal by virtue of Ilia position
as a member of the committee dale Suds
Information shall not be deckeed la Re-
sponse to such remises Worst as dialled
by the conueittos to amordence with section
8 of Senate Resolution 400 of the OdilsCass-
grams and the provadoes of these nava or 111
the event of We tanaimation or the
ins, In mob mammy as may be deleralbrid
by the Senate.
10.11 The committea anon bemoaned.
cowider edam to be tam in themmed
any mamber
of the Mallallittaa Mei ehe
NY SO eionfont to ane of these rules. am.
disdDlinary alarm leap WOW.. IMO
dna
not be limited to. temsediate dimaisml dos
the eseunittes Mole
SOLI ii. resPW11110111 S 0010131,1111
minuses
11.1 Under direction of the chairman and
the vice chairman, designated committee
staff members shall brief Illeabons of the
committee at a time sufficiently prior to any
coormittee meeting to emit the emenditee
members in preparation for such meeting
and to determine any matter which the
committee member might wish coneldered
during the meeting. Such briefing shall, at
the request of a member. Include a lire of all
pertinent papers and other materials that
have been obtained by the committee that
bear on matters to be considered at the
meeting.
11.2 The staff director shall recommend
to the chairman and the vice chairman the
testimony, papers, and other materials to be
presented to the committee at any meeting-
The determination whether such testimony,
papers, and other materiab shall be pre-
sented in open or executive semi= shall be
made pursuant to the rules of the Renate
and rules of the committee.
STOLZ 13. Lsew.annCALONDAII
12.1 The clerk of the oomesittes shall
maintain a printed calendar for the tater.
elation of each committee member Omen
the measures introduced sed rebind W the
committee and the status of and
nominations referred to the committee and
their status; and such other matters as the
commie determines shall be inehoded.
The calendar shell be mimed from time to
time to show pertinent changes. A copy of
each such revision shall be furnished to
each member of the conunittee.
12.2 Velem otherwise ordered, resesures
referred to the committee shall be referred
by the clerk of the conumittee to the appro-
priate deliertment or agency of the Govern-
ment for reports thereon.
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,
? VERMONT. VOCE CMANIMAN
4ASO U.OVO POOSMIL TUGS
-U SAM mum Gamow
cot,' MOWS EAOLETOM. MOSOUM
ro, AA MIST I 100U.ING1. SCUTS CAROUNA
?..vANIA DAVID L DORM ORLAKMAA
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TUCRY
United $tate.s g5mite
K.,i1OTo DOLL 'LUKAS. EX OFROO SELECT COMMITTEE ON 1NTELUGENCE
ROBERT C BYRD. VAST MUNK EX WOO
BERMAJO McIAAMOIL STAN DIRICTOR
INC a NEWSOM MMORITY ITAMDIRICTOR
The President
The White House
Washington, D.C. 20500
Dear Mr. President:
WASHINGTON. DC 201110
November 28, 1986
The recent disclosures regarding provision of arms to
Iran and funding of support for anti-Sandinista forces in
Central America have, as you stated on November 25th, raised
serious questions of propriety. We appreciate your Admini-
stration's offer to cooperate with the Senate Select
Committee on Intelligence in looking into this matter.
The Select Committee has formally initiated an
investigation to determine the extent of and authorization
for U.S. intelligence activities in connection with the sale
of arms to Iran and use of the proceeds to support anti-
Sandinista forces in Central America. The Committee will
consider, if appropriate, changes in laws and regulations
or in the organization and mission of components of the
U.S. government regarding intelligence activities and
notification of the Congress. The investigation encompasses
all officials and entities of the U.S. government involved
in intelligence activities, including the National Security
Council and its staff. Our inquiry will focus on laws and
regulations normally enforceable by internal and external
oversight.
We look forward to your cooperation to ensure that the
Executive branch makes available promptly the necessary
witnesses, documents, and other information. In particular,
the Committee requests that no documents or other materials
that may relate directly or indirectly to this investigation
be destroyed or otherwise removed from custody of the U.S.
government until the inquiry is completed. The Committee
asks that Executive branch personnel, including employees of
the NSC and persons acting at their direction, be permitted
to testify under oath in this investigation. The Committee
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The President
November 28, 1986
Page two
further requests that all relevant components of the Executive
branch provide access to their personnel and records for the
purpose of this investigation. Certain materials may be
subpoenaed.
We want to assure you that, as provided in Senate
Resolution 400, 94th Congress, and Section 501 of the National
Security Act of 1947, the Committee will protect from unautho-
rized disclosure all classified information obtained in this
investigation. The Committee recognizes fully the importance
of protecting sensitive intelligence sources and methods.
We believe an expeditious investigation by this Committee is
the best way to protect national security interests while
responding to legitimate concerns of the Senate and the
American people.
We hope that our investigation will help bring the
Executive branch and the Congress closer together in our
common efforts to serve the interests of our Nation.
Dave Durenberger
Chairman
Patrick Leahy
Vice Chairman
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