LETTER TO WILLIAM J. CASEY FROM RICHARD G. LUGAR

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August 18, 1986
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Sanitized Copy Approved for Release 2011/03/15: CIA-RDP87B00858R000600830004-5 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 Sanitized Copy Approved for Release 2011/03/15: CIA-RDP87B00858R000600830004-5 Sanitized Copy Approved for Release 2011/03/15: CIA-RDP87B00858R000600830004-5 ~-- 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- Sanitized Copy Approved for Release 2011/03/15: CIA-RDP87B00858R000600830004-5 Sanitized Copy Approved for Release 2011/03/15: CIA-RDP87B00858R000600830004-5 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- Sanitized Copy Approved for Release 2011/03/15: CIA-RDP87B00858R000600830004-5 Sanitized Copy Approved for Release 2011/03/15: CIA-RDP87B00858R000600830004-5 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 Sanitized Copy Approved for Release 2011/03/15: CIA-RDP87B00858R000600830004-5 Sanitized Copy Approved for Release 2011/03/15: CIA-RDP87B00858R000600830004-5 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 Sanitized Copy Approved for Release 2011/03/15: CIA-RDP87B00858R000600830004-5 Sanitized Copy Approved for Release 2011/03/15: CIA-RDP87B00858R000600830004-5 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- Sanitized Copy Approved for Release 2011/03/15: CIA-RDP87B00858R000600830004-5