LETTER TO WILLIAM J. CASEY FROM RICHARD G. LUGAR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000600830004-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 22, 2016
• Document Release Date: March 15, 2011
• Sequence Number: 4
• Publication Date: August 18, 1986
• Content Type: LETTER

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MCHAND G. LUGAR INOMUL CHAIRMAN
JESSE HELMS. NOIRN CAROUNA C A.'40 NE FELL41HOOE ISLAND
CHARLES MCC. MATHUS. JR- MARYLAND JOSEPH R SO", ^ DELAWARE Ex"~Ut~ti~r R,., .1.
NANCY L KASSESALIM. KANSAS PAUL S. SARSANES. MARYLAND C GF,,.1i y
NUDY SOSCHWITZ, MINNESOTA EDWARD ZOMNSKY, NEBRASKA
WILY . TNNLtA SOUTH DAKOTA ALAN CRANSTON,
CAUFORNiA
INGTOUnited N estates JODAN EL J. EVANS. WASHINGTON JOHN F. KONY. MASSACHUSETTS
EL ORAEME SAHNOYAN. STAFF DIECTOR COMMITTEE ON FOREIGN RELATIONS
I61YLD S. CH NTI*ON, MINOITY STAFF DSIECTOR
August 18, 1986
The Honorable William J. Casey
Director
Central Intelligence Agency
Washington, DC 20505
Last week Senator Roth offered an amendment to the Defense
Authorization Bill amending the Foreign Missions Act. (A copy is
enclosed.) This amendment would require the Secretary of State
to impose on the personnel of communist embassies in the
United States the same restriction that applies to personnel of
the Soviet Embassy here. I believe that such a measure, if
enacted, could have adverse consequences for U.S. intelligence.
Such arguments were inappropriate for the floor of the
Senate. Therefore, the Armed Services Committee accepted the
amendment, but also agreed to name Senator Pell and me as
conferees on this issue. As we prepare for the Conference, it
would be helpful to have your views before the end of August. I
have also written to George Shultz asking for his opinion on how
this amendment affects foreign policy.
Sincerely,
Richard G. Lugar
Chairman
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810794 .? CONGRESSIONAL RECORD-=.SENATE August 8, 1986
made for the Department of Defense to go over 'to the next?:morning.- But' have a description of that before that
to sell certain lands. This V a change, when, I. get -agreements like *. that. it unanimous-consent request.
Currently this , In a responsibility Q1; takes time to look at those agreements Mr. ROTH. ' ? The amendment in-
the GSA. .. r and determine what it sIl means. It in.. valves the Foreign Mission Act.
I hope that we reach some kind of ; much, worse than a -game of checkers Mr. LEVIN, I thank my, friend from
agreement that this would be a matters or- a game, of chess. r I have ., never;. Delaware. ? r ' ti
looked at immediately by the Sena-, played chesk but I have played check?t : The PRESIDING OFFICER. Is
tor's committee as well as the Govern-: era. You have to figure, what is , this there objection? Without objection.
mental Affairs Committee . because U, move, what is - the next move,, what is the clerk will report. '
think this is a significant change of) his move, and what tan be opened up
policy that should not be in this par-' - here or there. It is prettjL 4ulL but .it b The legislative clerk read as follows:
ticular piece of legislation : r quite time consuming. ?'--!W,4 ~,? The Senator from Delaware (Mr. Rom)
Mr. GOLDWATER- I believe the,"-. I just hope that we do not stay in to-4 ' (RATuN=, and Mr. Rmcs) pro-
Senator from South Carolina under-, night. If it means coming in tomorrow, i poses an amendment numbered 3048.
stands what the Senator is saying on., let us do It, We do not have to begin'.
.this issue. the - August recess next : Saturday. 11 . Mr. ROTH. Mr. President, I ask
Mr. THURMOND. Yes. I know ex- ? There ?ia entirely too much talk about unanimous consent that further read-
actly what the Senator Is., talking, an August recess here. We were out in: lug of the amendment be dispensed
about. July for 2 weeks. Now we are talking, with.
Mr. BYRD. Mr. President, ; I, have, about a 3-week recess in August, This '? -The PRESIDING OFFICER. With-
the floor. Is an important bill. If we do not finish out objection, it is so ordered.
The PRESIDING OFFICER. ' The today, and we do not finish it tomor-, The amendment is as follows:
Democratic leader has the floor.' - row, then let us cancel as much of that; At the appropriate place. insert the fol-
Mr. BYRD. I would be glad to yield August recess as necessary to finish , lowing:
to the distinguished Senator from this bill and these two other issues.. That (a) the Foreign Missions Act is
South Carolina if he wishes to speak This is not a popular thing to say amended by adding at the end thereof the
at this moment without losing my here. I do not say it to be popular. But- following new section;
right to the floor. I must say, we have to have some rest., - "iPrucsrcox To csnTArr commmisT
Mr. THURMOND. Mr. President, in I do 3tot mind a late night once or, covNratas
some cases the Defense Department twice a week. ?S 214. (a) Notwithstanding any other
can lease certain pieces of property, Mr. B OYHILI, Some of us are run--, provision of this title, the Secretary shall
and provided.in this bill is the proce ning, : - . . apply to each foreign mission in the United
dure where it is recommended by the Mr. BYRD. What was that, rig ` States of the German Democratic Republic.
Assistant Secretary of Defense that we what? I. am -not running this Hungary, Czechoslovakia, Poland, Bulgaria,
follow this p. They can dis- yearRumania, and Cuba the same teams, llmita-
pose of certain d property peoples business . comes first. , applied under this title to the foreign mis-
money for - facilities in other places,* There is such a thing as keeping one's slop in the United States of the Soviet
and turn the rest of the money back to health. That is important to .. the Union unless the Secretary determines and
the Treasury. We think it is good for people, too, whom we represent 4n the so reports to the Select Committee on Intel-
the Government, we think it is good., Senate here. . ligence of the Senate and the Permanent
economy, and it should pass. - I am not in favor of going on night Select Committee on Intelligence of the
Mr. BYRD addressed the Chair. - ' after night after night grinding away House of Representatives that national se-
The PRESIDING OFFICER. The - when we do not have to do it. We do curity and foreign policy circumstances re-
Democratic leader. not have to be out tomorrow. We do quire that this section be waived in specific
Mr. BYRD. I will be brief. I cannot not have to be out the next Saturda "circumstances with respect to such country. d commend too highly the manager and I would hope we would consider that y.
mit to The Selecct Co ammitteee onnIIntel igtrans
ence
the ranking manager on this bill. I do not say it to imply anything con- and Committee on Foreign Relations of the
cannot commend too highly .the Mem- cerning the good work. the good inten- Senate and the Permanent Select Commit-
bers of the Senate who have called up tions of all Senators on this matter. I tee on intelligence and Committee on For-
their amendments. We have had good just think we ought to stay right here, eign Affairs of the House of Representatives
debates. This is what the Senate is though, and if we are not going to a report describing-
here for. We have seen some substan- finish this today by 6 or 7 o'clock, we "(1) not later than thirty days after date
tive deliberations. calls Just We aveln not had up a should go home. tonight and come In: of the the Senactment of secti, ecretary for Implementing this sec-
lot of tomorrow. ?
time. It has been a very orderly proce- I yield the floor.' tion; and
dure here in connection with this bill. "(2) not later than six months thereafter,
There has been a great deal of A KNDMENT NO. 264s the actions taken pursuant to these plans.".
progress. (Purpose: To amend the Foreign Missions (b) Section 202(aX4) of the Foreign Mis-
I must say tI hbeen getting Act regarding the treatment of certain lions Act is amended-
to mu at say 2 or that 2:30 have the morning Communist countries, and for other pur- (1) in the text above clause (a) by insert-
tobday this week. 2:30 I am one o the poses) Inc ", Including Government activities in-
veryra day t Mr. ROTH addressed the Chair. volving international trade," after "govern-
-leade who has stay around here
to kind of close up the The PRESIDING OFFICER. The mental activities "; and
and help
in-
Senate. We have been working hard, Senator ROTH. Mr. President, I send an (2) In clause inserting "or any i-
stzumentallty thereof" after "foreign gov-
trying to get some time agreements on amendment to the desk and ask for its eminent".
the Contra aid and South Africa mat- immediate consideration.
tern. These are tough agreements. The PRESIDING OFFICER. Does O 1140
They are very complex. They deal the Senator from Delaware ask con- Mr. ROTH. Mr. President, the pur-
with highly emotional issues. They are sent to set aside the amendment of the pose of this amendment is to deal with
not easy by any means. Senator from California? .: ? the problem of theft of valuable, tech-
The distinguished majority leader Mr. ROTH, I make that unanimous- nical information.
and I have met, and other Senators consent request. Mr. President. - ?.-- Mr. President, at the close of this
have met back and forth. We keep ex- The PRESIDING OFFICER, With- debate, we will be asked to vote on the
changing proposals-which is perfectly out objection, it is so ordered. - authorization of many billions of dol-
proper. But in exchanging these pro-. Mr. LEVIN. Mr. President, reserving lars 'for the Department of Defense.
posals, sometimes he does not get our the right to object, I wonder if we That sum often appears appallingly
proposal until 6 o'clock, we get his know what the amendment is before high. Unfortunately, it is the price we
back at 10 o'clock, and we agree then that is set aside-whether we might must pay if we are to fulfill our pri-
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S 10794
CONGRESSIONAL RECORD - SENATE
made for the Department of Defense
to sell certain lands. This is a change.
Currently this is a responsibility of
the GSA.
I hope that we reach some kind of
agreement that this would be a matter
looked at immediately by the Sena-
tor's committee as well as the Govern-
mental Affairs Committee because I
think this is a significant change of
policy that should not be in this par-
ticular piece of legislation.
Mr. GOLDWATER. I believe the
Senator from South Carolina under-
stands what the Senator is saying on
this issue.
Mr. THURMOND. Yes. I know ex-
actly what the Senator is talking
about.
Mr. BYRD. Mr. President, I have
the floor.
The PRESIDING OFFICER. The
Democratic leader has the floor.
Mr. BYRD. I would be glad to yield
to the distinguished Senator from
South Carolina if he wishes to speak
at this moment without losing my
right to the floor.
Mr. THURMOND. Mr. President, in
some cases the Defense Department
can lease certain pieces of property,
and provided in this bill is the proce-
dure where it is recommended by the
Assistant Secretary of Defense that we
follow this procedure. They can dis-
pose of certain property and use that
money for facilities in other places,
and turn the rest of the money back to
the Treasury. We think it is good for
the Government, we think it is good
economy, and it should pass.
Mr. BYRD addressed the Chair.
The PRESIDING OFFICER. The
Democratic leader.
Mr. BYRD. I will be brief. I cannot
commend too highly the manager and
the ranking manager on this bill. I
cannot commend too highly the Mem-
bers of the Senate who have called up
their amendments. We have had good
debates. This is what the Senate is
here for. We have seen some substan-
tive deliberations. We have not had a
to go over to the next morning. But
when I get agreements like that, it
takes time to look at those agreements
and determine what it all means. It is
much worse than a game of checkers
or a game of chess. I have never
played chess, but I have played check-
ers. You have to figure what is this
move, what is the next move, what is
his move, and what can be opened up
here or there. It is pretty dull, but it is
quite time consuming.
I just hope that we do not stay in to-
night. If it means coming in tomorrow,
let us do it. We do not have to begin
the August recess next Saturday.
There is entirely too much talk about
an August recess here. We were out in
July for 2 weeks. Now we are talking
about a 3-week recess in August. This
is an important bill. If we do not finish
today, and we do not finish it tomor-
row, then let us cancel as much of that
August recess as necessary to finish
this bill and these two other issues.
This is not a popular thing to say
here. I do not say it to be popular. But
I must say, we have to have some rest.
I do not mind a late night once or
twice a week.
Mr. BROYHILL. Some of us are run-
ning.
Mr. BYRD. What was that, running
what? I am not running this year.
Running for office is important, but
the people's business comes first.
There is such a thing as keeping one's
health. That is important to the
people, too, whom we represent in the
Senate here.
I am not in favor of going on night
after night after night grinding away
when we do not have to do it. We do
not have to be out tomorrow. We do
not have to be out the next Saturday.
I would hope we would consider that. I
do not say it to imply anything con-
cerning the good work, the good inten-
tions of all Senators on this matter. I
just think we ought to stay right here,
though, and if we are not going to
finish this today by 6 or 7 o'clock, we
should go home tonight and come in
tomoeldw
.
time. It has been a very orderl
y prose- I yield the floor.
dure here in connection with this bill. AMENDMENT No. 2648
There has been a great deal of (Purpose: It-Mend the Foreign Missions
progress. Act regarding the treatment of certain
I must say that I have been getting Communist countries, and for other pur-
to bed at 2 or 2:30 in the morning poses)
every day this week. I am one of the Mr. ROTH addressed the Chair.
leaders who has to stay around here The PRESIDING OFFICER. The
and help to kind of close up the nator from Delaware.
Senate. We have been working hard, Mr. ROTH. Mr. President, I send an
trying to get some time agreements on amendment to the desk and ask for its
the Contra aid and South Africa mat- immediate consideration.
ters. These are tough agreements. The PRESIDING OFFICER. Does
They are very complex. They deal the Senator from Delaware ask con-
with highly emotional issues. They are sent to set aside the amendment of the
not easy by any means. Senator from California?
The distinguished majority leader Mr. ROTH. I make that unanimous-
and I have met, and other Senators consent request, Mr. President.
have met back and forth. We keep ex- The PRESIDING OFFICER. With-
changing proposals-which is perfectly out objection, it is so ordered.
proper. But in exchanging these pro- Mr. LEVIN. Mr. President, reserving
posals, sometimes he does not get our the right to object, I wonder if we
proposal until 6 o'clock, we get his know what the amendment is before
back at 10 o'clock, and we agree then that is set aside--whether we might
August 8, 1986
have a description of that before that
unanimous-consent request.
Mr. ROTH. The amendment in-
volves the Foreign Mission Act.
Mr. LEVIN. I thank my friend from
Delaware.
The PRESIDING OFFICER. Is
there objection? Without objection,
the clerk will report.
The legislative clerk read as follows:
The Senator from Delaware [Mr. ROTH]
(for himself, Mr. DIxoN, Mr. DENTON, Mr.
HATCH, Mr. NICKLES, and Mr. RIECLE) pro-
poses an amendment numbered 2648.
Mr. ROTH. Mr. President, I ask
unanimous consent that further read-
ing of the amendment be dispensed
with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
At the appropriate place, insert the fol-
lowing:
That (a) the Foreign Missions Act is
amended by adding at the end thereof the
following new section:
"APPLICATION TO CERTAIN COMMUNIST
COUNTRIES
"SEC. 214. (a) Notwithstanding any other
provision of this title, the Secretary shall
apply to each foreign mission in the United
States of the German Democratic Republic,
Hungary, Czechoslovakia, Poland, Bulgaria,
Rumania, and Cuba the same teams, limita-
tions, restrictions, and conditions which are
applied under this title to the foreign mis-
sion in the United States of the Soviet
Union unless the Secretary determines and
so reports to the Select Committee on Intel-
ligence of the Senate and the Permanent
Select Committee on Intelligence of the
House of Representatives that national se-
curity and foreign policy circumstances re-
quire that this seciton be waived in specific
circumstances with respect to such country.
"(b) The Secretary shall pepare and trans-
mit to the Select Committee on Intelligence
and Committee on Foreign Relations of the
Senate and the Permanent Select Commit-
tee on Intelligence and Committee on For-
eign Affairs of the House of Representatives
a report describing-
"(1) not later than thirty days after date
of the enactment of this section, the plans
of the Secretary for implementing this sec-
tion; and
"(2) not later than six months thereafter,
the actions taken pursuant to these plans.".
(b) Section 202(a)(4) of the Foreign Mis-
sions Act is amended-
(1) in the text above clause (a) by insert-
ing ", including Government activities in-
volving international trade," after "govern-
mental activities "; and
(2) in clause (A), by inserting "or any in-
strumentality thereof" after "foreign gov-
ernment".
^ 1140
Mr. ROTH. Mr. President, the pur-
pose of this amendment is ttatwfth
ri pro em o e of valuable. ecTF
n ca n., r,n af? :.-_
^ 1 P i President, at the close of this
debate, we will be asked to vote on the
authorization of many billions of dol-
lars for the Department of Defense.
That sum often appears appallingly
high. Unfortunately, it is the price we
must pay if we are to fulfill our pri-
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August 8, 1986
when it will be back ag in before the
Senate.
So we have invested 5 ys of good,
hard work, with barely a orum call
all week long. I commend t e manag-
ers and all those who have en par-
ticipating. There has been no wasted
time.
It is a very serious bill. It is very
important piece of legislation. W are
talking about nearly $300 billion it
is very, very significant.
So I would hope that all of us cou
cooperate with the managers an
maybe some of these amendments
may not be offered. But I yield the
floor so the managers can indicate
their desires. And, from what I can un-
derstand, rather than stay all night to-
night, it might be better for everyone
to come back tomorrow, but maybe
that is not necessary.
I am happy to yield to the managers.
Mr. GOLDWATER. Mr. President,
as the leader has said, we have been
on this bill nearly 5 days. We have
about 58 amendments left. In the way
of floor work, we have the labor provi-
sions discussion that will take place
today.
I would ask that my colleagues get
their amendments on the floor and
bring them up. I am going to insist on
time agreements if we can on the re-
maining amendments. But we are
faced, this committee is faced with a
conference next week. And it is going
to be almost impossible for us to con-
tinue debating this bill and try to have
a conference at the same time.
So, Mr. President, I have no com-
punction about lateness. I think we
ought to go today as long as it takes. If
it takes all night, fine, And if we have
to come back tomorrow, I am going to
recommend to the leader that we come
back tomorrow. This bill has to be fin-
ished and we have many amendments
left. We have amendments that frank-
ly have nothing to do with the defense
of this country. And I would appreci-
ate it if my colleagues would sift these
amendments carefully so that we have
looks like afternoon, tonight, and all
only ones that apply to the defense of
of tomorrow. Something will have to
our country. We have had very few
change before that could be.
that actually do that, and that is the
Mr. KENNEDY and Mr. STEVENS
job of this committee.
addressed the Chair.
So that is all I am going to say, Mr.
Mr. NUNN. I am glad to yield to the
President. I think our colleagues have
Senator from Alaska.
had the warning. I will do all I can see
STEVENS. Mr. President, I ap-
that that warning is carried out. Mr.
Mr. NUNN. Mr. President, first let preciate the comments
of my good
me thank the majority leader, the mi-
friend from Georgia. But I say this to
nority leader, and all of our colleagues
him, and to the distinguished chair-
for making this much time available.
man, and to other Members. I have
Earlier this week, it did not look like
never seen a defense bill before that
we were going to have this much time.
engaged so many other areas of juris-
For instance, we have some
We have taken up most-of what I con- diction.
to begin with, major amend- very serious amendments coming with
ments. We have made, I think, as regard to civilian employees in the De-
much progress as we could. Everyone partment of Defense. This bill encom-
has cooperated. We have done it in' passes now all of the civilian employ-
good faith. I do not know of any delay ees of the DOD. It puts them under a
on either side of the aisle. different system than the other civil-
But we are faced with a reality, and ian employees of the Federal Govern-
the reality is we are either going to ment. There are several labor provi-
finish this bill tonight or tomorrow or sions in this bill that are going to take
we do not get a defense bill this year, a long time.
In my view. Because if we do not finish
it now, we know what the schedule is
next week. The majority leader is not
going to find much, if any, time next
week. If we do not get through this
bill next week, we are going to be here
in September and the schedule is
going to be full.
We are bound to have at least 2
weeks of conference on this bill, bound
to have 2 weeks.
We are bound to have 2 weeks. I
have never seen a defense authoriza-
tion bill without 2 weeks. What we
have right now is we have to finish it
ho
agers are perfectly willing to stay
But t
think
left. Ni
e will have to oppose-37
about 20 of
drawn. I am
We think there are
hose that will be with-
ping on those amend-
drawn we do not
before they are
ents and it takes
or 15 minutes for
back. We would not say
o do it quiet-
thing. We
will agree to any unanimou
withdraw amendments.
[Laughter.]
on unless they really relate to def
If they do, we have no quarrel.
operation thus far. I was hoping w
could today get through at 4 or
o'clock this afternoon. Right now, it
S 10793
Mr. NUNN. I say to the Senator
from Alaska I did not favor putting
the labor provisions in this bill. When
you put labor provisions in this bill,
you are asking for what we are get-
ting. That will be a major obstacle. If
we can get over that obstacle, I think
we can get on with the others. The
Senator from Alaska is correct on
that.
Mr. KENNEDY. Will the Senator
yield on that point? The Senator from
Alaska in entirely correct about the
areas of the labor provisions which are
outside the jurisdiction of the Armed
Services Committee. I will offer an
amendment to strike those different
provisions.
But I want to give the assurances
both to the floor manager, to the ma-
jority and minority leaders, and the
Democratic floor manager that we will
be more than glad to enter into a time
agreement of an hour, or even less. We
have debated these issues. We know
what they are. But we have been
unable to get that kind of agreement.
I want to give the assurance to the ma-
jority leader that we would from our
point of view be quite prepared to
enter into a time agreement of an
hour evenly divided. This legislation
absolutely is entirely inappropriate to
be on this defense authorization. The
chairman of the committee under-
stands it. The membership under-
stands it. We can take whatever time
we want to debate it.
But I would hope since these issues
are well known, we can get a time
limit. But we have been unable to. I
have been unable to get an agreement
from the Senator from Texas on these
particular provisions, but the Senator
from Alaska and others are right. This
has absolutely nothing to do with our
defense authorization. I am hopeful
we can get a time agreement. I will
continue to work with the floor man-
agers to do so.
Mr. GOLDWATER. Mr. President,
the Senator from Massachusetts has
be ab
IDING OFFICER. The
I would like to ask a
fight of the manager.
purpose with the
erstanding I will
Mr. ROTH. I thank
leader.
oor.
he Democratic
labor policy also is true in' the area of
real estate. Under this act provision is
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August 8, 1986 CONGRESSIONAL RECORD - SENATE S 10795
mary duty of protecting the national
security of this great Nation.
However, I must point out to my col-
leagues that there is little point in
voting for sensitive, classified projects
such as the strategic defense initiative,
the Stealth bomber and the Midget-
man missile if the highly. classified
technology associated with those
projects if not secure from the atten-
tion of hostile, prying eyes.
The past 18 months have brought
before our eyes a plethora of espio-
nage cases. Ronald Pelton, Jerry Whit-
worth, John Walker, John Walker, Jr.,
Arthur Walker, and the infamous duo,
the "Falcon and the Snowman" all be-
trayed to the Soviet Union major mili-
tary-technological secrets. Last year,
an employee of Northrop Co., was
even apprehended trying to sell blue-
prints of Stealth bomber technology
to the Soviets.
Mr. President, the technological se-
crets which these traitors sought to
sell cost the U.S. taxpayer billions of
dollars to research and develop.
We cannot, in all conscience, keep
asking the taxpayer to dig into his/her
pocket for highly sensitive, expensive
projects if we cannot first assure the
taxpayer that every effort has been
made to prevent the leakage of this
technology to our enemies.
Failure to act in this regard consti-
tutes nothing less than a diversion, of
U.S. taxpayer funds into the pockets
of the Soviet military. If anyone be-
lieves that I am exaggerating, let me
refer them to Jane's analysis of the
new Soviet Flanker fighter-bomber.
According to that auspicious publica-
tion, the Flanker constitutes one of
the very best aircraft aloft today, com-
parable with the front line aircraft of
the U.S. Air Force.
The Flanker is a fine plane because
it was built with the very best aero-
nautical technology-U.S. technology,
technology subsidized, and often paid
for, by the taxpayers of Delaware, Ari-
zona, Georgia, and every other of the
50 States and District of Columbia.
I hope every Member in the Cham-
ber will agree with me when I state
that we should build no more planes
for the Soviet Union. The question is
now-how do we stem this outflow of
our vital national security secrets?
The senior Senator from Georgia
and I have been trying, through the
permanent Subcommittee on Investi-
gations, to promote major cutbacks in
the number of security clearances
issued, the number of permanent doc-
'ents classified while calling for reg-
.r reviews of security clearances.
TRiese measures are directed against
those Americans who would betray
their country for financial gain or ide-
oiosica. motivation. But this consti-
tuAes only one half of the security
pabblew., it takes two to pass a secret.
What are we doing to clamp down on
those foredo nationals who traverse
the United !hates buying and stealing
classified information? The answer, I
fear is, not-enough.
The State Department originally
used the authority granted it under
the Foreign Missions Act only to re-
strict the movements of Soviet diplo-
mats. They may only move more than
25 miles from their base of operations
after first notifying State's Office of
Foreign Missions. In addition, they
may not enter certain restricted areas
such as Newport News, Virginia Beach,
Silion Valley containing sensitive mili-
tary or technical facilities.
A series of hearings in the Perma-
nent Subcommittee on investigations
quickly revealed that these regulations
have had little or no beneficial effect.
Judge Charles Webster, Director of
the FBI testified that the Soviets have
circumvented the restrictions of the
Foreign Missions Act by farming out
their espionage activities to the intelli-
gence services of their East block sat-
ellites. Those services, incidentally, are
controlled directly by the KGB and
GRU, not by the national govern-
ments of Eastern Europe. Judge Web-
ster's testimony was underwritten by
the chairman and vice-chairman of
the Senate Select Committee on Intel-
ligence, by the senior Senator from
New York, who enjoys a distinguished
record in this field, and by the Depart-
ment of Defense.
Unfettered by the restrictions placed
upon their Soviet masters, East Euro-
pean spies, posing as diplomats and
trade representatives, have traveled
the length and breadth of the Nation,
purloining national security data and
even going so far as to set up perma-
nent so-called "trade missions" in
areas such as Silicon Valley. In case
any Member was wondering, this prob-
ably explains why we always seem to
find Polish so-called business repre-
sentative involved in most of our own
spy scandals.
The Permanent Subcommittee on
Investigations decided that this situa-
tion simply could not be allowed to
continue. Senator NUNN, COMM,
GLENN and I joined together in an
effort to draw up bipartisan legislation
to deal with the Eastern Bloc Espio-
nage Program. T>=ie product that
consultation was w ieh w a
am now offeZinglUTOMEim _AU
ment to the OD fiscal year 1987 au-
thor .tion b_
simple. It takes all restrictions cur-
rently placed upon the Soviet Union
and places them with equal force upon
the Governments of the German
Democratic Republic, Hungary,
Czechoslovakia, Poland, Bulgaria, Ru-
mania and Cuba. The bill provides for
the usual flexibility by allowing the
Toffethpr with -q- - 900 and S. 1947,
bo of which ha re
Corpo ep au-
o tion bill. this legislation w ll
e prn htne's s kil-
classified military in-
formation and tec n g .
1011." s en , am happy to say
that the 4 original cosponsors of S.
1901 have since been joined by 31 of
our colleagues: Senators EXON, HART,
WALLOP, SYMMs, BOREN, MATTINGLY,
RUDMAN, CHILES, RIEGLE, SPECTER,
KENNEDY, HECHT, DOLE, BUMPERS, BUR-
DICK, FORD, DIXON, WARNER, WILSON,
KASTEN, PROXMIRE, QUAYLE, MITCHELL,
ARMSTRONG, BOSCHWITZ, HEINZ, MOY-
NIHAN, GORE, BINGAMAN, DENTON, and
HATCH all have entered their names as
cosponsors of this legislation.
The State Department sought to
preempt our legislative effort by im-
plementing some limited restrictions
upon East Germany, Poland, Bulgaria
and Czechoslovakia, making them sub-
ject to the 25-mile rule. These meas-
ures are inadequate. First, State can
remove them wholesale, whenever it
wishes without consulting the Con-
gress or even its Intelligence Commit-
tees. Second, the deletion of Rumania
and Hungary from the list has no ac-
ceptable intelligence rationale and will
only place them under heavy Soviet
pressure to take up the slack by ex-
panding their espionage activities.
Third, State's new regulations allow
all East European diplomats, business
representatives and so forth, to move
freely in and out of all restricted
areas. Thus, they will remain Mos-
cow's eyes and ears wherever sensitive
military and technical research is
taking place.
In closing, Mr. President, let me
point out that the State Department
asserts that enactment of this legisla-
tion could damage our dipomatic rela-
tions with Eastern Europe. I reject
this reasoning on three grounds: First,
espionage is not the price of diploma-
cy. Second, it makes a false equation
between the United States and East-
ern Europe; we have far more to lose
to espionage than does Bulgaria or
Cuba; we are not spying on their hi-
tech facilities; they do not have any.
Third, we all know the price of espio-
nage, and when I say "We," I am re-
ferring to Eastern Europeans as well
as Americans-they have had a good
run at American secrets and classified
technology and like any rational being
they knew that the party had to qnd
some day. I propose that the Senate
vote and that that day be today.
Mr. President, I will say that this is
an important piece of legislation, im-
portant to our defense effort to pro-
tect American secrets and classified in-
formation. I urge that the Senate
adopt this amendment.
Mr. GOLDWATER. Mr. President, I
am very happy to announce there has
been an agreement reached between
the Foreign Relations Committee and
the Armed Services Committee over
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S 10796
CONGRESSIONAL RECORD - SENATE August 8, 1986
this piece of legislation. I have to say,
Mr. President, after having served on
'the Intelligence Committee for so
long, that this is long, long overdue.
I know the figures that I might use
today are not as accurate as I could`
have used a few years ago, but when
we think of the Russian Embassy on
one of the highest hills in this town,
with over 1,200 people, when we look
at San Francisco with about 1,400
people, they have the ability to inter-
cept telephone conversations, not just
official conversation but any.
^ 1150
Also, there has been a part of our
law that says that we can limit the
number of people in a foreign embassy
to the number of our people who are
allowed in their own countries. This
has not been accomplished.
So, Mr. President, I am very happy
to accept this amendment. I speak, I
am sure, for the Senator from Geor-
gia, who told me before he left that it
is agreeable to him also.
Mr. LEVIN. Mr. President, first, let
me ask unanimous consent that I be
listed as a cosponsor of this amend-
ment.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Mr. LEVIN. I understand that Sena-
tor PELL is on his way over and I would
like to reserve some time for him. I do
not know if we are on a time limit or
not. I understand he would like to
speak on this amendment. If there is
nobody else who wants to speak, I
wonder if we could temporarily lay it
aside and take up another amendment
or put in a quorum call until he can be
here.
Mr. President, I understand now
that Senator PELL does not intend to
come. Therefore, without objection on
this side, we accept this amendment. I
think it makes a very valuable, long-
overdue contribution. I congratulate
my friend from Delaware for his lead-
ership in this area.
Mr. ROTH. Mr. President, I appreci-
ate that statement on the part of the
Senator from Michigan.
I ask unanimous consent to add Sen-
ator DECONCINI's name as a cosponsor.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Mr. ROTH. I move adoption of the
amendment.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment.
(No, 06480
agreed to.
1R-r_TT TTH. I move to reconsider the
vote.
Mr. LEVIN. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
Mr. GOLDWATER. Mr. President,
the bill is open for further amend-
ment.
Mr. GRAMM. Mr. President, I am
sorry I was not on the floor when the
Senator from Massachusetts was here
to discuss his amendment to spend
over $1 billion in savings. There seems
to be some confusion about an inabil-
ity to get a time agreement. That in-
ability stems from an unwillingness on
the part of the distinguished Senator
from Massachusetts to divide the
amendment so we might vote on one
set of reforms related to an antiquated
law that forces the Federal Govern-
ment to spend as much as a 30-percent
premium to purchase labor. Another
provision of law forces high wages
upon the service industry that services
the Defense Department and, in the
process, costs the Federal Government
$961 million over a 5-year period, ac-
cording to CBO.
Let me assure my colleagues that I
am willing to enter into a unanimous-
consent agreement to limit debate if
these two issues are separated so we
can debate both savings so that Mem-
bers of this body can look at savings
and decide whether or not they want
to undertake them.
Should the distinguished Senator
from Massachusetts seek to divide the
two issues so they may be voted as
free-standing, I shall enter into any
time agreement within reason that he
deems prudent. Failing that, I do not
intend to enter into a time agreement,
though I am ready when the distin-
guished Senator from Massachusetts
is ready to debate the issue.
Mr. GOLDWATER. Mr. President,
the Senator from Massachusetts is not
here. Did I understand the Senator
from Texas to say that he has
changed his mind and is willing to
agree? I do not think I did but I do not
hear well.
Mr. GRAMM. No, Mr. President,
what I said is that the Senator from
Massachusetts has an amendment
that strikes two separate provisions of
our bill at once. That amendment is
nondivisible. If the distinguished Sen-
ator from Massachusetts would divide
it and offer two amendments, one on
one section, one on the other, I would
happily agree to a time limitation.
Failing that, I am certainly willing to
begin debate on it, but I am not willing
to give a time limitation given some
question as to our ability to vote on
these two important saving measures
independently of one another.
Mr. GOLDWATER. I thank my
friend.
Mr. President, the bill is open to fur-
ther amendment. Does the Senator
from Delaware have another amend-
ment?
Mr. ROTH. Yes, Mr. President.
ESPIONAGE-DEATH PENALTY
Mr. ROTH. Mr. President, the great
Roman statesman, Cicero, said a
nation can survive its fools, and even
the ambitious. But it cannot survive
treason from within. An enemy at the
gates is less formidable, for he is
known and carries his banners openly.
But the traitor moves among those
within the gate freely ? ? ? he speaks
in accents familiar to his victims * ? *
he appeals to the baseness that lies
deep in the hearts of all men. He rots
the soul of a nation, a murder is less
feared.
Though these words have warned
great civilizations down through histo-
ry, and while we have even learned the
lessons of republics that have fallen in
the past, espionage continues to grip
our Nation's political and defensive in-
frastructure and threaten our securi-
ty.
Last year, 1985, was called "the year
of the spy" by our national media.
Twelve Americans and one foreign na-
tional were charged with conducting
espionage against the United States.
In comparison, only eight individuals
were arrested for similar crimes in
1982 and 1983 combined.
It might be said that America is
seeing a new breed of spy, one whose
evolution was discribed when I held
hearings on the activities of hostile
foreign intelligence officers in the
United States. It was then that my
Permanent Subcommittee on Investi-
gations heard from convicted spy
James Harper, a man who sold highly
classified military secrets to the Soviet
Union through a Polish go-between.
Unlike the common criminals in any
society, the spy, as Harper testified, is
cunning and intelligent. His acts are
born not of passion or ignorance, but
of avarice and cold-blooded disregard
for the safety of his countrymen.
Easily, his betrayal could place the
lives of literally hundreds of millions
of Americans in extreme danger. And
what's even more horrible is that
those actions are almost always pre-
mediated. He knows the consequences
to his countrymen before he turns his
back on his county.
Mr. President, with these facts in
mind, it is incumbent upon this distin-
guished body to act in the defense of
our countrymen, in the defense of our
liberty, and in the defense of our Con-
stitution and empower our courts with
the possible sentence of death upon
the conviction of espionage.
To this end I am proposing an
amendment that delineates several
categories of classified information of
which betrayal would render the con-
victed spy liable to the imposition of
the death penalty. These categories in-
clude: nuclear weaponry, military
spacecraft or satellites, early warning
systems, war plans, communications,
intelligence, cryptographic informa-
tion, sources or methods of intelli-
gence or counterintelligence or any
other major weapons system or maj'
element of defense strategy.
It must be clear that I am not vim?
where this classified informatioU is bl
trayed. Rather, I am proposing that,
we give our courts the power td impose:
such a penalty upon persons convicted
in any one of these areas. The decision
rests entirely with our judicial system.
However, the crime of espionage is
so, serious that Congress should man-
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