ATTACHED IS A LEAHY-COHEN AMENDMENT TO THE STATE AUTHORIZATION BILL PASSED THIS AFTERNOON BY UNANIMOUS CONSENT

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CIA-RDP87M00539R000400540019-6
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RIFPUB
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K
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6
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December 22, 2016
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October 16, 2009
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19
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Publication Date: 
June 7, 1985
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MEMO
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Approved For Release 2009/10/16: CIA-RDP87M00539R000400540019-6 Director, Office of Legislative Liaison 7 June 1985 NOTE TO: DCI DDCI o Attached is a Leahy-Cohen amendment to the State Authorization Bill passed this afternoon by unanimous consent. o It would make it U.S. policy that the number of Soviet diplomatic or consular personnel in the U.S. not exceed the number of similar U.S. officials in the USSR. Charles A. Briggs cc: EXDIR DDO Comptroller Distribution: 0 - DCI w/att 1 - DDCI w/att 1 - EXDIR w/att 1 - DDO w/att 1 - Comptroller w/att al`s - ER w/att 1 - D/OLL Chron w/att 1 - DD/OLL w/att 1 - C/Liaison Div/OLL w/att 1 - C/Legislation Div/OLL w/att 1 - OLL Subject w/att 1 - OLL Chron w/o/att D/OLL:CABriggs;jms (7 June 1985) Approved For Release 2009/10/16: CIA-RDP87M00539R000400540019-6 Approved For Release 2009/10/16: CIA-RDP87M00539R000400540019-6 AMENDMENT NO. ___ (-3 NYE_iV 4,rli 0LIP - TO SI Tr L C T Calendar No. Purpose: To establish'--a policy cf liritirp the number of Scviet diplomatic and consular personnel in the United States. IN THE SENATE OF ICE UNITED STATES--99th Cong., 1st Sess. To authorize apnropri3tions for the Department of State, the United States Information Agency, the Board for International Broadcasting, and the National Fndowrrert for Democracy, and for other purposes for fiscal years 1986 and 1987. Referred to the Committee on and orderer to be printed Ordered to lie on the taole and to be printed Amendment intended tc be proposed by Mr. Leahy VIZ: 1 On page 31, after line 23, add the following new title: 2 TITLE VI--DIPLOMATIC EQUIVALENCE AND RECIPROCITY ACT CF 1985 3 SHORT TITLE u Sec. 601. This title may be'cited as the "Diplomatic 5 Equivalence and Reciprocity Act of 1985". 5 POLICY 7 Sec. 602. (a) It Is the policy of the United States that 9 the number of nationals of the Soviet Union admitted tc the 9 United States who serve as diplomatic or consular personrel 10 of the Soviet Union in the United States shall not exceed the 11 number of United States nationals admitted to the Scviet 12 Union who serve as diplomatic or consular personnel of the I 5 Sf~ f~ "-' N' r l Cl U '/i Approved For Release 2009/10/16: CIA-RDP87M00539R000400540019-6 Approved For Release 2009/10/16: CIA-RDP87M00539R000400540019-6 139912.379 S.I.C. 2 1 United States in the Soviet Union unless the President 2 determines and sc__certifles to the Concress that a':diticn?I 3 admissions of such personnel would be in the best interests 4 of the United States. 5 (b) The policy.contained in subsection (a) shall nct 5 apply to dependants or spouses who do not serve as dirlorratic 7 or consular personnel. 8 REPORTING REQUIREMENT 3 Sec. 603. Not later than six months after the date of 13 enactment of this title, the Secretary of state and t1'e 11 Attorney General shall prepare and transmit to the Corrrr{ttee 12 on Foreign Relations and the Select Committee on Intelligence 13 of the Senate and the Co;-mittee on Foreign Affairs and the 14 Permanent Select Committee on Intelligence of the House of 15 Representatives a report setting forth a plan for ensuring 15 that the number cf Soviet nationals described in secticn 602 17 does not. exceed the limitation described in such secticn.. 13 DEFINITIONS 13 Sec. 504. For purposes cf this title-- 20 (1) the term "'diplomatic or consular personnel" 21 _ means the members of the diplomatic mission or the 22 members of the consular post, as the case may be; 23 (2) the term "members of the diplomatic missicn" is 214 used within the meaning of Article 1(b) of the Vienna 25 Convention on Diplomatic Relations, done on April 1F, Approved For Release 2009/10/16: CIA-RDP87M00539R000400540019-6 Approved For Release 2009/10/16: CIA-RDP87M00539R000400540019-6 1 1961 ; arC 2 (3) the term ''members of the consular post'' Is uFec+ 3 Within the me3niny of Article 1(9) of the Vienna 4 Convention on Consular Relations, done on April 2u, 1963. Approved For Release 2009/10/16: CIA-RDP87M00539R000400540019-6 Approved For Release 2009/10/16: CIA-RDP87M00539R000400540019-6 DAVE DURENBERGER MINNESOTA. CHAIRMAN PATRICK LEAHY. VERMONT, VICE CHAIRMAN WILLIAM V. ROTH. JR. DELAWARE LLOYD BENTSEN. TEXAS WILLIAM S CONEN MAINE SAM NUNN. GEORGIA ORRIN HATCH. UTAH THOMAS F. EAGLETON. MISSOURI FRANK MURKOWSKI. ALASKA ERNEST F. HOLLINGS. SOUTH CAROLINA ARLEN SPECTER. PENNSYLVANIA DAVID L BOREN. OKLAHOMA CHIC HECHT. NEVADA BILL BRADLEY. NEW JERSEY MITCH MCCONNELL KENTUCKY ROBERT DOLE. KANSAS. EX OFFICIO ROBERT C. BYRD. WEST VIRGINIA EX OFFICIO BERNARD F. McMANON, STAFF DIRECTOR ERIC 0. NEWSOM, MINORITY STAFF DIRECTOR 'United ~6tates senate June 6, 1985 Dear Colleague: During consideration of S. 1003, the State Department Authorization bill, we intend to propose an amendment to make it the stated policy of the United States that there be equiva- lence in the number of U.S. diplomatic and consular personnel in the Soviet Union and Soviet diplomatic and consular personnel in this country. The amendment parallels a provision approved unanimously on May 8 by the Senate Select Committee on. Intelligence as part of the fiscal year 1986 intelligence authorization bill. It is in line with legislation passed last year and signed into law which expressed the sense of the Senate that equivalence in diplomatic representation should be achieved with countries which engage in intelligence activities against the United States. The amendment would make it the stated policy of the United States that the number of Soviet diplomatic and consular personnel in the U.S. may not exceed the corresponding number of American representatives in the Soviet Union. The President could continue to admit more Soviets only if he determined, and certified to Congress, that it would be in the best interests of the United States to do so. Six months after the provision came into force, the Secretary of State and the Attorney General would have to transmit to the foreign relations and intelligence committees of'Congress a plan to carry out the new policy. There can be no doubt of the security risks of continued employment of a large number of Soviet nationals at U.S. diplomatic and consular facilities in the Soviet Union. Nearly 200 Soviet nationals work at our facilities in the Soviet Union while only a handful of Americans work for the Soviets here. It was recently revealed that for a period of years the U.S. Embassy is Moscow was "bugged" by highly sophisticated devices implanted in its typewriters. The Intelligence Committee has determined that the typewriters and other pieces of office equipment have regularly been sent through ordinary freight channels and that Soviet employees in our Embassy and consulates are actually involved in their assignments and use by U.S. officials. There is an equally severe security problem caused by the activities of Soviet diplomats in the United States. In April 1983, Lt. Col. Yevgeney N. Barmyantsev, acting military attache of the Soviet embassy, was arrested in the act of picking up classified Approved For Release 2009/10/16: CIA-RDP87M00539R000400540019-6 Approved For Release 2009/10/16: CIA-RDP87M00539R000400540019-6 information dropped by a U.S. double agent in rural Montgomery County. Just last month came the reports of the apprehension of John Walker and others after Walker attempted to deliver 129 classified documents to a "dead drop" only about three miles away from where the earlier incident had occurred. Another Soviet official, Aleksey Gavilovich Tkachenko, a vice consul at the Soviet Embassy, was implicated by the FBI and left the country shortly thereafter. It will do no good to increase the resources devoted to counter- intelligence investigations and security checks within the United States by the FBI and the investigative services of the Department of Defense and the separate military services if we do not begin to control the numbers as well:as the activities of Soviet officials in the United States. It is estimated that nearly four out of every ten Soviet diplomatic and consular officials are intelligence officers. Increased resources made available to the FBI and Depart- ment of Defense for counterintelligence' cannot alone enable them to keep pace with the numbers and aggressiveness of Soviet intelligence officers and their agents. Our amendment would address the problems of the Soviet nationals at U.S. facilities in the U.S.S.R. at the same time as the number of Soviet diplomats and consular officials in the United States. These problems are closely related; at present, only about 200 Americans work in our Embassy and consulates in the Soviet Union, while over 300 Soviets work here. This approach is a flexible one that would allow the President to address both these problems together. It would give the Executive branch the statutory directive it needs to resolve the serious problem of the disparity between the numbers of U.S. and Soviet officials. The best way to reduce this disparity in line with the amendment would be for the Executive branch to begin by reducing the number of Soviets working in the U.S. Embassy in Moscow and replacing them with American employees. The Adminis- tration could then raise with the Soviets the need to reduce their diplomatic and consular representation here to correspond with the level of U.S. representation in the Soviet Union. If you have any questions or would like to cosponsor this amendment, please contact either Eric Newsom or Jim Dykstra at 4-1700. Sincerely, atr ick Leahy y1lam Cohen Approved For Release 2009/10/16: CIA-RDP87M00539R000400540019-6