LUNCH WITH SENATOR COHEN AND JIM DYKSTRA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91B01306R000500020022-1
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 8
• Document Creation Date: December 23, 2016
• Document Release Date: November 12, 2013
• Sequence Number: 22
• Publication Date: September 8, 1989
• Content Type: MEMO

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THE FOLLOWING DOCUMENTS
ARE ATTACHED:
(Please do not remove)
n(,49- 3 /7i) S77
SUBJECT:
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STAT
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14 FBI ?INVESTIGATIONS OF ESPIONAGE BY PERSONS EM-
15 PLOYED BY OH ASSIGNED TO UNITED STATES DIPLID-
16 MATIC 'MISSIONS ABROAD
17 SEC. 603. The FBI shall be responsible for the conduct
18 of all investigations of violations of the espionage laws of the
19 United States by persons employed by or assigned to United
20 States diplomatic missions abroad. All departments and agen-
?21 cies shall report immediately to the 'FBI any information in-
22 dicating such a violation. Other departments and agencies
23 shall provide appropriate assistance to the FBI in the con-
24 duct of such investigations. Nothing in this provision shall be
25 construed as establishing a defense to any criminal, civil, or
26 administrative action.
S 1324 KS
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15
should be accomplished by the National Security Council based
upon a determination that such increases are essential to the func-
tioning of the U.S. Mission in the Soviet Union.
Further, subsection (b) provides that no such increases be ap-
proved without a concomitant commitment to provide additional
resources to the FBI sufficient to cope with the increases in perma-
nent staff positions. There must be a realization that increases in
permanent positions at the Soviet Mission to the United States in-
evitably impact upon the responsibilities of the FBI. Without pro-
viding the FBI with additional resources to carry out such responsi-
bilities, U.S. security is put at further risk.
The Committee requests that determinations and action under
this provision be reported to .the Congress in the annual reports to
theIntelligence Committees required by Section 601(b) of the Intel-
_....igence Authorization Act for FY 1985.
? provides that the FBI shall be responsible for the
conducto investigations of violations of the espionage laws of
the United States by persons employed by or assigned to United
States diplomatic missions abroad who are themselves subject to
U.S. law. This would include the employees of government contrac-
tors within the United States who are accredited to such missions.
The FBI has jurisdiction to conduct such investigations of espio-
nage under Title 18, United States Code, subject to the authority of
the Attorney General. Section 603 is intended to ensure that the
FBI exercises that jurisdiction in all such cases concerning person-
nel at U.S. diplomatic missions abroad, regardless of the concur-
rent jurisdiction that other agencies may have.
For example, the FBI shares jurisdiction over espionage cases
with the military services which have concurrent authority to in-
vestigate violations of the Uniform Code of Military Justice (Title
10, United States Code, Chapter 47). Interagency agreements allow
the military services to conduct such investigations of persons
under their jursidiction. The Committee believes these arrange-
ments are inappropriate for cases that arise at United States diplo-
matic missions abroad and that the FBI should be responsible for
the investigation of all cases of espionage involving military per-
sonnel at such civilian installations.
Other departments and agencies also have concurrent authority
to conduct security investigations of their own personnel and con-
tractors who may be located at overseas posts. While it is not the
intent of the Committee that the FBI take over responsibility for
this type of investigation, it is the Committee's intent that, if such
investigations should develop information indicating possible espio-
nage involving foreign interests, the matter be referred to the FBI.
Section 603 provides that all departments and agencies shall
report immediately to the FBI any information indicating a viola-
tion of the espionage laws of the United States by persons em-
ployed by or assigned to U.S. diplomatic missions. This requires re-
porting to the FBI the facts or circumstances which indicate a vio-
lation. For example, if this provision had been in effect in the
Marine Security Guard espionage cases, initial indications of espio-
nage would have been reported promptly to the FBI, rather than
just to the State Department or the Navy or other agencies without
criminal investigative jurisdiction (e.g., CIA). The State Depart-
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16
ment would have immediately advised the FBI of the report from
the Regional Security Officer at the Moscow Embassy of the con-
duct and statements indicating possible espionage, and the CIA
would have immediately advised the FBI of the report from U.S.
embassy officials in Vienna of the statements indicating espionage.
The FBI should provide guidance to the relevant departments
and agencies with regard to the types of facts or circumstances
which should be reported as indicating espionage violations.
Finally, Section 603 states that other departments and agencies
shall provide appropriate assistance to the FBI in the conduct of
such investigations. Thus, the State Department, the military serv-
ices, the CIA and other U.S. intelligence agencies are expected to
provide personnel and other resources to assist the FBI in such in-
vestigations, consistent with their respective authorities and re-
sponsibilities. For example, in a case involving U.S. military per-
sonnel subject to the Uniform Code of Military Justice, it would be
appropriate for the FBI to form a team that includes investigators
from the relevant military service who are familiar with military
legal procedures. In addition, CIA assistance to such FBI investiga-
tions abroad would be appropriate to the extent consistent with the
statutory restrictions on CIA law enforcement powers.
The Committee intends that all investigative activity under this
provision shall be directed by the FBI subject to the authority of
the Attorney General and any guidelines or policies that the Attor-
ney General may establish for such investigations, in consultation
with the relevent departments and agencies, and with due regard
for the CIA's responsibility under Executive Order 12333 to coordi-
nate counterintelligence activities abroad and the DCI's responsi-
bility under the National Security Act of 1947 to protect intelli-
gence sources and methods from unauthorized disclosure.
This provision is intended solely to regulate interagency relation-
ships, and shall not be construed to establish a defense in any
matter based upon actions taken by the Department of Defense or
any other department or agency with authority to investigate and
dispose of allegations of espionage.
TITLE VII-GENERAL PROVISIONS
Section 701 authorizes the increase of appropriations authorized
by the Act for salary, pay, retirement and other benefits for federal
employees as necessary for increase in such benefits authorized by
law.
COMMITTEE ACTION
On July 13, 1989, the Select Committee on Intelligence approved
the bill and ordered it favorably reported.
EVALUATION OF REGULATORY IMPACT
In accordance with paragraph 11(b) of rule XXVI of the Standing
Rules of the Senate, the Committee finds no regulatory impact will
be incurred in implementing the provisions of this legislation.
1.
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25 August 1989
OCA: 89-3032
MEMORANDUM FOR: The Director
FROM: Deputy Director of Congressional Affairs
SUBJECT: Lunch with Senator Cohen and Jim Dykstra
1. At suggestion, we are arranging an
informal session with Cohen to discuss-the provision in
the Senate version of the Intelligence Authorization Bill
concerning FBI investigation of possible espionage activity by
U.S. personnel assigned to foreign posts, and related CI issues
involving FBI-CIA interaction.
2. Senator Cohen and Intelligence Committee Minority Staff
Director Jim Dykstra will be having lunch with and me in
your Dining Room on Thursday, 7 September at 12:00. Would you
like to join the luncheon or meet with the Senator either
before or afterwards?
vl
I would like to join the luncheon
-
I would like to meet with-hiM before or after the luncheon
, h
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Distribution:
Original - Addressee
1 - ER
1 - A/DDO/CI
-1 - D/OCA
1 - DD/OCA
1 - OC ubect
DD/OCA (25 Aug 1989)
STAT
STAT
STAT
STAT
(5-8-0- -LT(
Cr. R
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V.
,---'- ROUTING AND RECORD SHEET
SUBJECT: (Optional)
Lunch with Senator Cohen and Jim Dykstra
FROM:
EXTENSION
NO tinzi F39' 3032
Deputy Director of Congressional
Affairs
DATE
25 August 1989
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1.
ADDO/CI
2 5 A.6
1989
2.
1 to 3: Dick, hope you will
31
DDO
30
.. help out.
4.
5.
Executive Registry
3 0 AJG
19:,!
STAT
6.
STAT
,.
STAT
...-- 7.
Director of Central
Intelligence
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W*jj
8.
?
9. Return to Deputy
Director of Congressional
Affairs
10.
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11.
12.
13.
14.
15.
EXEC
BEG
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