NOMINATION OF ROBERT M. GATES HEARINGS BEFORE THE SELECT COMMITTEE ON INTELLIGENCE OF THE UNITED STATES SENATE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90G00152R000801530003-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 191
• Document Creation Date: December 23, 2016
• Document Release Date: August 19, 2011
• Sequence Number: 3
• Publication Date: February 18, 1987
• Content Type: MISC

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STAT
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NOMINATION OF ROBERT M. GATES.
HEARINGS
SELECT CODZMITTEE ON INTELLIGENCE
UNITED STATES SENATE
ONE HUNDREDTH CONGRESS
FIRST SESSION
NOMINATION OF ROBERT M. GATES, TO BE DIRECTOR OF CENTRAL
INTELLIGENCE
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SENATE SELECT COMMITTEE ON INTELLIGENCE
[Established by S. Res. 400, 94th Cong., 2d Seas.]
DAVID L. BOREN, Oklahoma, Chairman
WILLIAM S. COHEN, Maine, Vice Chairman
LLOYD BENTSEN, Texas
SAM NUNN, Georgia
ERNEST F. HOLLINGS, South Carolina
BILL BRADLEY, New Jersey
ALAN CRANSTON, California
DENNIS DaCONCINI, Arizona
HOWARD M. METZENBAUM, Ohio
WILLIAM V. ROTH, Ja., Delaware
ORRIN HATCH, Utah
FRANK MURKOWSKI, Alaska
ARLEN SPECTER, Pennsylvania
CHIC HECHT, Nevada
JOHN WARNER, Virginia
ROBERT C. BYRD, Weet Virginia, Ex Officio
ROBERT DOLE, Kansas, Ex Officio
Svsx E. Hotasss, Staff Director and General Counsel
JwMt~s H. Dvtcsntn, Minority Staff' Director
Kw~rx~eax P. McGxsE, Chief Clerk
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CONTENTS
Hearings held in Washington, DC: Page
February 17, 1987 ..................................................................................................... 1
February 18, 1987 ..................................................................................................... 137
Statement of:
Bentsen, Hon. Lloyd, a U.S. Senator from the State of Texas ........................ 19
Boren, Hon. David L., a U.S. Senator from the State of Oklahoma ............... 1
Bradley, Hon. Bill, a U.S. Senator from the State of New Jersey .................. 21
Cohen, Hon. William S., a U.S. Senator from the State of Maine .................. 18
DeConcini, Hon. Dennis, a U.S. Senator from the State of Arizona .............. 24
Durenberger, Hon. Dave, a U.S. Senator from the State of Minnesota ........ 28
Gates, Robert M., nominee for Director of Central Intelligence ..................... 33
Hatch, Hon. Orrin, a U.S. Senator from the State of Utah ............................. 21
Hecht, Hon. Chic, a U.S. Senator from the State of Nevada ........................... 25
Hollings, Hon. Ernest F., a U.S. Senator from the State of South Carolina 20
Moynihan, Hon. Daniel P., a U.S. Senator from the State of New York...... 25
Murkowski, Hon. Frank, a U.S. Senator from the State of Alaska ............... 58
Roth, Hon. William V., Jr., a U.S. Senator from the State of Delaware....... 20
Specter, Hon. Arlen, a U.S. Senator from the State of Pennsylvania ........... 23
Warner, Hon. John, a U.S. Senator from the State of Virginia ..................... 30
Supplemental materials, letters, etc.:
Boren, Hon. David L., Chairman of the Select Committee on Intelligence
and Hon. William Cohen, Vice Chairman of the Select Committee on
Intelligence, letter to Robert M. Gates, February 12, 1987 .......................... 11
Financial Disclosure Report ................................................................................... 6
Gates, Robert M., letter to Hon. Dave Durenberger, Chairman, Select
Committee on Intelligence, December 9, 1986 ........................... ........... 130
Testimony of Robert Gates to the Select Committee on Intelligence on
Thursday, December 4, 1986 ............................................................................... 103
Martin, David H., Director, Office of Government Ethics, letter to Hon.
David L. Boren, chairman, Select Committee on Intelligence, February
17, 198? ................................................................................................................... 5
Procedures Governing Reporting to the Senate Select Committee on Intel-
ligence (SSCI) on Covert Action ......................................................................... 16
Addendum to procedures ........................................................................................ 17
Supplemental questionnaire ................................................................................... 11
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NOMINATION OF ROBERT M. GATES TO BE
DIRECTOR OF CENTRAL INTELLIGENCE
U.S. SENATE,
SELECT COMMITTEE ON INTELLIGENCE,
Washington, DC:
The Select Committee met, pursuant to notice, at 10:10 a.m., in
room SD-106, Dirksen Senate Office Building, Hon. David L.
Boren (Chairman of the Committee) presiding.
Present: Senators Boren, Bentsen, Nunn, Hollings, Bradley,
Cranston, DeConcini, Metzenbaum, Cohen, Roth, Hatch, Murkow-
ski, Specter, Hecht, and Warner.
Staff Present: Sven Holmes, Staff Director and General Counsel;
James Dykstra, Minority Staff Director; and Kathleen McGhee,
Chief Clerk.
STATEMENT OF HON. DAVID L. BOREN, A U.S. SENATOR FROM
THE STATE OF OKLAHOMA
Chairman BOxEN. The hearings will come t0 order. The hearings
this morning of the Senate Select Committee on Intelligence are
for the purpose of considering the nomination of Mr. Robert M.
Gates to be the Director of the Central Intelligence Agency.
We open these important confirmation hearings this morning in
a period of controversy and confusion about American foreign
policy and its implementation. Our goal must be to learn construc-
tive lessons from the mistakes which have been made.
The President has nominated Robert Gates, a career profession-
al, to be the Director of Central Intelligence. Mr. Gates has com-
piled every positive record during his public service, and has expe-
rience in key positions including work as an analyst, as Deputy Di-
rector for Intelligence, and then as Deputy Director of the Central
Intelligence Agency.
It is my fervent hope that the confirmation process upon which
we embark today will materially contribute to restoring coherence,
bipartisanship and professionalism to American foreign policy and
the intelligence gathering process which supports it.
My fellow Oklahoman, Daniel Boorstin, the historian said, we
live in an age that often confuses information with knowledge. ;^'e
are so overburdened with facts, that we fail to reflect upon their
meaning. In cases such as the current crisis, we tend to focus upon
the symptoms instead of grasping and coping with the underlying
problems.
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The current fiasco presents a picture of American foreign policy
in disarray. It is a record of reliance upon private individuals, for-
eign nationals, and naive amateurs in the making of policy and a
failure to seek the expertise available within our own Government.
These alarming developments are, however, merely a reflection
of the underlying problem: the collapse of the concept of a biparti-
san fore~'gn policy. We are now witnessing the culmination of a
process that began two decades ago when the Nation was split
apart by the Vietnam War.
With alarming speed, bipartisanship in foreign policy continued
to unravel further through the period of Watergate and later
during our hesitant and uncertain reaction to the hostage crisis
and other events. While party divisions widened, at the same time
the partnership between the executive and legislative branches
necessary for building a consensus in foreign policy fell apart. It
has been replaced by a spiral of increasing hostility and distrust
between the White House and Capitol Hill.
With each new breakdown of bipartisan consensus and trust
comes a new list of congressional restrictions on the executive
branch. With new restrictions come new initiatives by the White
House aimed at evading what are viewed as unwise limitations
upon the prerogatives of the Commander in Chief. Executive eva-
sions breed more congressional distrust and the cycle continues,
paralleling the arms race in its destructive and irrational escala-
tion.
Nothing has done more to damage the reputation and standing
of the United States around the world than the breakdown of a
consensus on American foreign policy. The days of consensus-build-
ing among President Eisenhower and Democratic congressional
leaders Rayburn and Johnson are only faded memories. America's
allies around the world can no longer rely upon the continuity of
American foreign policy. Instead, they are afraid to follow us for
fear that we will suddenly change direction. The diplomatic repre-
sentatives of foreign countries have learned the game of enhancing
their interests by playing off Congress and the White House
against each other.
We can no longer afford the luxury of uncertainty and the divi-
sion that we now have when we confront the rest of the world. No
longer is the United States able to dominate the world scene by
itself as it did 40 years ago. Our influence and our power must be
spent carefully. Cooperation of allies is essential.
Bipartisanship in foreign policy cannot be rebuilt by merely writ-
ing more rules and regulations. While clearer definition of some
statutory terms may be in order, and that is something that this
committee and others should certainly consider, no amount of rule
making will solve the fundamental problem. Not even two very
specific memoranda of understanding between the intelligence
community and the Senate Oversight Committee prevented the
current debacle.
Eisenhower, Rayburn, and Johnson did not meet to hammer out
a bipartisan consensus on foreign policy because some rules and
regulations required it. They did so because they realized that it
did no good for a President to start a course of action unless there
was a bipartisan consensus in Congress sufficient to sustain it.
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They understood that a stop and start foreign policy would destroy
the Nation's credibility.
Mutual trust must replace legislative approaches that are more
appropriate to adversaries than they are to Americans with a
common duty to the Nation.
Mutual trust can only be rebuilt through candor and legitimate
compromise. Each branch of government must keep the confidence
of the other when appropriate. This Committee with its recent
tightening of its own internal rules for the safeguarding of sensi-
tive information intends to fully meet its responsibilities in that
area. We will have gained a great deal from the current crisis if
from it, America learns to speak to the rest of the world with a
single voice.
The Senate Select Committee on Intelligence meets today at an
important time for the Central Intelligence Agency and the U.S.
intelligence community. I strongly believe that our Nation's securi-
ty depends upon effective intelligence gathering. At the same time,
however, such activities must be conducted in a manner consistent
with our laws and our democratic institutions.
As we begin our confirmation hearings, two special congressional
committees and an independent counsel are investigating a covert
action program that involved the CIA, as well as allegations of ille-
gal or improper activities by U.S. Government officials, including
officials of the Central Intelligence Agency.
Accordingly, in addition to our obligation to determine whether
the individual nominated to serve as Director of the CIA is person-
ally qualified-in terms of judgment, experience, character, leader-
ship and vision-we must further assure that he is not otherwise
precluded from serving due to any involvement in such illegal or
alleged improper activities. This does not mean that this Commit-
tee will convert this confirmation process into a broad investigation
of the entire Iranian arms program. To do so would not be proper
because special investigating committees have been created by both
the House and Senate for that purpose. Rather, this Committee is
charged with compiling a clear and complete record of all of the
information known to Mr. Gates regarding improper and possibly
illegal activities and to assess his conduct during this critical
period as well as during the rest of his professional career. Based
upon this record this Committee must then render a determination
with respect to his confirmation.
It is my hope that this process will be both comprehensive and
constructive. As a result, I believe that two objectives will be
served. First, the Committee will be able to meet its responsibility
to the Nation and to the Senate to fully and carefully consider the
qualifications of Mr. Gates to be Director of the Central Intelli-
gence Agency, and, second, in the event that Mr. Gates is con-
firmed, acareful and thorough consideration of his entire record
during this confirmation process will give him a stronger mandate
to go forward to better address the important problems facing the
Intelligence Community today, and to work to rebuild that spirit of
mutual trust and bipartisanship which is badly needed. Qn that
constructive spirit, we certainly welcome Mr. Gates to these hear-
ings this morning.
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I would like to enter into the record at this point for consider-
ation by the Committee the background and financial disclosure
statement filed by Mr. Gates with the Committee, pursuant to
Committee rule 5.6, and also supplemental statements filed in re-
sponse to eight additional questions posed by myself and the vice-
chairman in a letter to Mr. Gates on February 12, 1987. I would
also like to enter into the record at this point memoranda of under-
standing entered into by the then chairman of this Committee,
Senator Goldwater, the Vice Chairman, Senator Moynihan, in June
1984, with Mr. Casey as Director of the Central Intelligence
Agency, and then as modified by an additional document dated in
June 1986 entered into between Mr. Casey and then Chairman, Mr.
Durenberger and Vice Chairman Leahy. These agreed procedures
amplify the requirements established in the Intelligence Oversight
Act of 1980 and make clear the commitment on both sides to work
within the framework of that act. The procedures were modified, as
I mentioned, in June of last year, and specify even more clearly
some of these reporting requirements. They discuss both the nature
of initial reporting to the Committee on new covert action, and also
the kind of reporting that is expected during ongoing covert action
programs. And, so, I enter both of those memoranda of understand-
ing and those accords between the Committee as historical docu-
ments to give some background and context for the hearings today.
I would also mention that the Committee has taken action this
morning to authorize the chairman to release an unclassified sum-
mary-or an unclassified text-of the December 4 testimony of Mr.
Gates before the Select Committee on Intelligence that is now
being prepared, and members of the Committee are given an oppor-
tunity to check the accuracy of any of their questions before it is
released, but I have been authorized as chairman by the Commit-
tee to release that. That testimony will be placed in the record
later this afternoon in the course of the hearings and made avail-
able to the public at that time.
[The documents referred to follow:]
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United State
Office of Government Ethics
P.O. Box 14108
Wash~ng~on, D.C. 20094
Honorable David L. Boren
Chairman
Select Committee on Intelligence
United 3tatea Senate
Washington, D.C. 20510
In accordance with the Ethics in Government Act of 1978, i enclose a copy of the
financial disclosure report filed by Robert M. Gates, who has been nominated by President
Reagan for the position of Director of Central Intelligence.
We have reviewed the report end have also obtained advice from the Central
Intelligence Agency concerning any possible conflict in light of the Agency's functions and
the nominee's proposed duties. Based thereon, we believe that Mr. Gates is in compliance
with applicable laws and regulation.4 governing conflicts of Interest.
Sincerely,
David H. Martin
Director "~~
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