DRAFT LEGISLATION ON ELECTRONIC SURVEILLANCE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79M00467A001100190013-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 28
• Document Creation Date: December 16, 2016
• Document Release Date: May 24, 2005
• Sequence Number: 13
• Publication Date: May 24, 1976
• Content Type: MF

MEMORANDUM FOR: Director of Central Intelligence
Deputy to te DCI for the Intelligence Community
SUBJECT: Draft Legislation on Electronic Surveillance
1. The latest version of the draft legislation concerning electronic
surveillance was obtained from the Attorney General's office on 18 May.
It includes certain additions and deletions made by the Senate Judiciary
Committee in their work on the bill. The Senate Committee has essentially
completed work on the bill and it is expected to be sent to the floor of the
Senate within the next three weeks.
2. The House Judiciary Committee is currently working on the bill,
and their schedule for Committee action and floor vote is not yet fixed.
3. I asked the Office of General Counsel to review the changes made
in the bill by the Senate Judiciary Committee. OGC reports, following
this review, that none of the changes have substantive significance but only
represent editorial changes and tightening of language. None of the changes
affect areas on which the DCI or the OGC previously succeeded in modifying
the draft bill.
4. A copy of the Senate bill with additions (underlined) and deletions
(lined out) is attached hereto.
SEGNED
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STAT
Attachment
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IN THE SENATE OF THE UNITED STATES
M\rr,H 23,1776
Mr. I sXF.DY (for himself, Mr. ELSO:.-, Mr. IAT11TLS, Mr. IHIudl &OTT, lMr.,
mcCLLLL._ N, Mr. IrR SIi:1, Mr. B.1tfr, and Mr. IioaE1T C. BIRD) intro-
duced the following bill; which was read twice and referred to the Con-
mittee on the Judiciary
Tn amend title 18, United States Code, to authorize applications
"
.for it court order approving the use of electronic surveillance
to obtain foreign intelligence information.
Be it enacted by the Senate and House of Representa--
2 tires of the United States of America in Congress assemblecd, .
3 That this Act may be cited as the "Foreign Intelligence Sur-
4 willinnee Act of 1976".
5 Si.c. 2. Title 18, United States Code, is amended by
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1 "Chapter 120.-ELECTRONIC SUTWEILLANCE, NVITII-
2 IN THE UNITED STATES FOR. FOREIGN INTEL
3 LICENCE PURPOSES
4 " 2521. Definitions
"(a) EXcept as otherwise provided in this section the
G definitions of section 2.510 of thin .title :shall apply to this
7 chap ter.
8 " (b) ? As used in this chapter-
9 " (1) 'Agent of a foreign power' means-
t
10 " (i) a person who i riot a permanent resident
11 alien or citizen of the United States and who is
12 ,in officer or employee of a foreign power; or
13 "(ii) a person who, pursuant to the direction
14 of a. foreign power, is- engaged in clandestine in-
15 telligence activities, sabotage, or terrorist activities;
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or who conspires with, assists or knowingly
aids and or abets such a person in engaging in
?such activities.
"(2) 'Electronic surveillance' means
"M the acquisition, by an electronic,
mechanical, or rather surveillance device,
of the contents of a wire communication to
or from a person in the United States, without
the consent of any party thereto, where such
acquisition occurs in the United States while
the communication is being transmitted by wire
"(ii) the acquisition, by an electronic,
mechanical, or other surveillance device, of
? the contents of a radio t~ansris~%e;z communication
without the consent of any par_ty thereto, made G.it.IY a
reasonable expectation of privacy where both the
pei 4h-aE-crigg-Ln sender and all intended recipients
are located within the United States; or
9e (iii) the installation of an electronic, mechanical
or other surveillance device in the United States to
acquire information nc,t-t~anssi~~ed-by other than
from a wire communication or radio communication under
ci._?cumstances in which a person has a rr-,a:5onablc
=~p?etati~n-8='pi~aey constitutionally protected
right of privacy.
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