LETTER TO RICHARD G. LUGAR FROM DAVE DURENBERGER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M01152R001001310024-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 22, 2016
• Document Release Date: March 12, 2010
• Sequence Number: 24
• Publication Date: July 24, 1985
• Content Type: LETTER

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DAVID DL..c Ven, M,nn[DV,A, {.nA,nMM
PAT' CK J. LEAHY, VERMONT, VICE CHAIRMAN
WILLIAM V. ROTH, JR. DELAWARE LLOYD BENTSEN. TEXAS
WILUA$t S~ COHEN. MAINE SAM NUNN, GEORGIA
ORRIN HATCH. UTAH THOMAS F. EAGLETON. MISSOURI
C
FRANK M.CNEVADALASKA ERNEST F. HOLLINGS, SOUTH CAROLINA nits ~tate~ senate
ARLEN SPECTER PENNSYLVANIA DAVID L BOREN, OKLAHOMA
CHIC HECHT1R, NEVADA BILL ILL BR BRADLEY. EY, NEW W JERSEY ILI
MITCH MCCONNELL KENTUCKY
ROBERT DOLE, KANSAS, EX OFFICIO
ROBERT C. BYRD, WEST VIRGINIA. EX OFFICIO
BERNARD F. MCMAHON, STAFF DIRECTOR
ERIC D. NEWSOM, MINORITY STAFF DIRECTOR
SELECT COMMITTEE ON INTELLIGENCE
WASHINGTON, DC 20510
July 24, 1985 #85-2586
The Honorable Richard G. Lugar
Chairman
Committee on Foreign Relations
United States Senate
Washington, D.C. 20510
As you proceed to Conference on H.R.2068, the Department
of State Authorization Act, I would like to share with you
some thoughts on the "Foreign Surveillance Prevention Act of
1985" which was included in the Senate passed version of the
Bill as an amendment proposed by Senator Moynihan.
As you may know, Senator Moynihan has made an admirable
effort over the past several years to focus attention on
issues associated with foreign interception of the communica-
tions of Americans. During his tenure on the Intelligence
Committee, Senator Moynihan helped bring communications
security to the forefront of Executive branch attention, and
extensive efforts are now being made to protect sensitive
information. While I certainly can understand and appreciate
Senator Moynihan's continued concern, I do not believe that
enactment of the "Foreign Surveillance Prevention Act" would
be helpful at this time.
STAT
The President already possesses all of the authority
that the Moynihan Amendment would grant, and foreign diplomatic
personnel have and will continue to be expelled from this
country when such action is appropriate. Compliance with
the Moynihan Amendment would, however, require-either the
revelation of sensitive intelligence sources and methods
information to private persons and foreign governments, or
the extensive routing of such information outside regular
"need to know" intelligence channels in order to accomplish
the Presidential determination necessary for a waiver of the
notification provisions.
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The Honorable Richard G. Lugar
July 24, 1985
Page Two
Neither of these alternatives is necessary or advisable,
and I believe that the Moynihan Amendment would, if enacted,
operate in a manner counterproductive to its intended
purpose. I urge you and your fellow conferees, therefore,
not to insist that the Moynihan Amendment be included in the
Conference Report.
cc: The Honorable Claiborne Pell
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July av, lyaa CONGRESSIONAL RECORD -HOUSE , H 6835
with the BIB at the US Consulate in
Munich; provides that a representative of
the Secretary of State will attend RFE/RL
Inc. and BIB Board meetings; amends sec-
tion 6 of PL 93-129 directing the Secretary
of State to report to BIB on the impact of
broadcasts to Eastern Europe and the
Soviet Union.
RFE/RL IIANAGEMENT
The House bill sets forth certain findings
and management recommendations with re-
spect to the Board for International Broad-
casting and Radio Free Europe/Radio Liber-
ty Inc.
The Senate amendment contains no com-
parable provision.
The Conference substitute contains a
similar amendment to the House bill. The
managers believe that the management of
Radio Free Europe/Radio Liberty Inc
should consider, as a way to improve its
broadcast quality and content, establishing
a position and a procedure responsible for
the daily oversight of the radios.
BROADCASTING TO SOVIET JEWRY
The House bill establishes a task force to
study the advisability and freasibility of in-
creasing broadcasts to the Jewish popula-
tions within the USSR. It also requires a
report not later than 6 months after the
data of enactment to be submitted to the
Congress.
The Senate amendment prohibits grants
to RFE/RL. Inc. unless RFE/RL, Inc. estab-
lishes in Radio Liberty a new program of
Russian language broadcasting for the
Jewish population of the USSR entitled
"Radio Maccabee Program of Radio Liber-
ty."
The conference substitute is similar to the.
House bill. It calls for a study and report
within six months after enactment of this
title and directs the radios to strengthen ex-
isting broadcasts of issues of concern to
Jewish audiences in the Soviet Union. Such
broadcasts may be known as Maccabee Pro-
gram.
U.S. SCHOLARSHIP PROGRAM FOR DEVELOPING
COUNTRIES
The Senate amendment authorizes a US
scholarship for disadvantaged students from
developing countries to study In the United
States. The Senate amendment also pro-
vides that not less than 25% of funds appro-
priated for activities under this title will
fund Latin America and Caribbean ex-
changes.
The House bill contains no comparable
provision. However, a similar provision is
contained in the House version of the For-
eign Assistance bill which authorizes a US
scholarship Program for disadvantaged stu-
dents from lesser developed countries to
study in the United States. This provision
also provides that if the student is granted
asylum in the US of the Immigration and
Nationality Act or is admitted to the US as
a refugee, bait of the repayment of the stu-
dents loan shall be forgiven. The bill also
provides that funds allocated for these
scholarships shall be available to enhance
the educational training and capabilities of
the people of Latin America and the Carib-
bean and to promote better understanding
between the US and Latin America. Funds
may be used for program and administrative
costs for institutions carrying out such pro-
grams. The provision also provides that the
USIA shall recommend to each student
under scholarship that he or she enroll In a
course in the classics of American political
thought. The House bill also provides that
USIA funds (other than those apprdpfated
for programs under the Mutual Education
and Exchange Act) may be used to carry out
this title with respect to students from de-
veloping countries outside Central America.
The conference substitute integrates all of
the provisions of the House and Senate posi-
tions. The committee of conference note
that a provision in the legislation recom-
mends that each student receiving a such a
scholarship enroll in a course which studies
the "classics of American political thought".
This recommendation may be broadly read
to include course work in American history
or politics, and should not be construed as a
recommendation to study certain political
thinkers. The recommendation to take such
a course Is not mandatory and should not be
construed as a requirement for holding a
scholarship. It is also the committee's intent
in authorizing this program that resources
currently available to other scholarship or
exchange of persons programs funded by
USIA. would not be diverted to fund these
new programs.
UNIVERSITIES IN U.S. BORDER STATES
The Senate amendment requires the
USIA Director and the Administrator of
AID to report to Congress on the feasibility
of greater utilization in those agency's
scholarship programs of US univesities In
States bordering Latin America.
The House bill contains no comnparable
provision.
The Conference Substitute Is Identical to
the Senate amendment.
FOREIGN Suavxtu.Axcz PREVENTION ACT
The Senate amendment establishes a pro-
cedure by which the President must identify
and so report to the Congress the Identify
of any foreign national with diplomatic im-
munity who Is engaging in electronic'sur-
veillance in the United States. The Presi-
dent must Inform the targets of the surveil-
lance; inform the chief of mission of the
sponsoring government of the surveillance;
and, unless that government ceases such
surveillance, must declare the offending
party persona non grata.
The House bill contains no comparable
provision.
The conference substitute contains no
provision on this issue. In considering this
section, the Managers agreed with the find-
FISCAL YEAR 1985 AUTHORIZATION
The Senate amendment (section 902) au-
thorizes for fiscal year 1985 $23,789,000 of
which amount $4,321,000 Is earmarked for
the Geneva arms control negotiations.
The House bill (section 1. subparagraph 2)
authorizes for fiscal year 1983. $23,789,000.
The conference substitute is the same as
the Senate amendment.
FISCAL YEAR 1984 AND FISCAL YZAR 1947
AUTHORIZATIONS
The Senate amendment (section 903) au-
thorizes $25,614,000 for each of the fiscal
years 1988 and 1987 for the Arms Control
and Disarmament Agency. Of these
amounts, $6,146,000 In each fiscal year is
earmarked for the Geneva arms control ne-
gotiations.
The House bill (section 1, subparagraphs
3, 4, and 5) authorizes for fiscal years 1986
and 1987 $25,814,000 for each fiscal year,
plus such additional amounts for each fiscal
year as necessary for increases In salary, pay
retirement, and other employee benefits au-
thorized by law, foreign currency exchange
rates, and other non-discretionary costs.
The conference substitute combines both
the Senate and House provisions.
ARMS CONTROL COMPLIANCE REPORT
The Senate amendment (section 904) es-
tablishes a new section 38, in the Arms Con-
trol and Disarmament Act of 1961 as amend-
ed. that requires the President to submit an
annual report to Congress, prepared by the
Director of the Agency, in coordination with
the heads of other relevant agencies, on the
adherence of the United States to obliga-
tions undertaken in arms control agree-
ments with other nations and on any prob-
lems related to compliance by other nations
with the provision of bilateral and multilat-
eral arms control agreements with the
United States.
The House bill does not contain a compa-
rable provision.
The conference substitute Is the same as
the Senate provision.
Ings that widespread use of electronic sur- EXECUTIVE LEVEL UPGRADES
veillance and the interception of telecom- The House bill (section 2) provides for
munications by foreign governments under comparability adjustment In five senior
the guise of normal diplomatic relations ACDA executive level positions to conform
would pose a serious threat both to the na- them with counterparts In other agencies.
tional security of the United States and to The Senate amendment does not contain
the rights of privacy and association guar- a comparable provision.
anteed to Americans by the Constitution.
The conference substitute is the same as
Consequently, the Managers request the
President to conduct a study of this problem the House provision.
and submit recommendations to the Con- COMPLIANCE WITH BUDGET ACT
gress, no later than January 1, 1987, for leg- The House bill (section 3) provides that
islation and other actions designed to bring the authorities provided shall be In compli-
an 'end to such illicit electronic surveillance. a.,,.e ,,,it, ri,e n ... ,.e--a ...., n...__. .
The Senate amendment authorizes the The Senate amendment contains no com-
Foreign Claims Settlement Commission to parable provision.
adjudicate and distribute awards to small The conference substitute Is the same as
claimants in the event of a lump sum settle. the House provision.
ment by the US-Iran Claims Tribunal, and FUTURE ACDA AUTHORIZATION
to charge a modest fee to defray the costs of
the Commission. It also authorizes the Sec- The Managers Intend that including the
retary of the Treasury to deduct a small fee ACDA authorization as part of the Foreign
from awards to large claimants of the tribu- Relations Authorization Act Is a onetime
nal. exception and that future ACDA authoriza-
The House bill contains no comparable tions should be adopted as separate legisla-
provision. tive measures.
The conference substitute is substantially ASIA FOUNDATION
the same as the Senate provision. The House bill authorizes $10 million for
ARMS CoNTROL AND DISARMAMENT the Asia Foundation.
AMENDMENT ACT or 1985 The Senate amendment authorizes $10.3
The Senate bill contains provisions deal- million for each of fiscal years 1986 and
ing with the Arms Control and Disarma- 1987 for the Asia Foundation in a separate
ment Agency. Similar provisions were con- Asia Foundation Act. The Conference Sub.
tained In H.R. 2458, a separately-passed stitute is Identical to the Senate amend-
measure. ment.
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