DRAFT LEGISLATION ON ELECTRONIC SURVEILLANCE

Document Type: 
Collection: 
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
Case Number: 
Publication Date: 
May 24, 1976
Content Type: 
MF
File: 
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PDF icon CIA-RDP79M00467A001100190013-6.pdf1.15 MB
Body: 
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 25X1 STAT STAT Attachment S.3197 1 - DDCI " 1-ER " Orig - addressee w/att p 1 - DCI wo/attl It+> D/DCI/ICC Distribution: 1 - IC RApproved For~ 6/06 : CYA-RDP79M004 1 - D/DCI/IC " tooro~t" ' i 1 - SA/D/DCI/IC " kleadquart~dt +' 9 8 DCII IICC r 0 11 , I!Xeaufive R~istr~ gg Approved Forelease 2005/06/06: CIA-RDP79M0046TA001 10 0190013-6 4 MAY 7978 Approved For lease 2005/06/06 : CIA-RDP79MO04WO01100190013-6 94TIY CONGRESS &MR 0% _ lt I 2D S1:ss1o:i ", x 10.310 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 6 ad ppravedlwor iee sel2b`057b610t'1'CT4-R6P7 %4gfAg001100190013-6 IT Approved Fo lease 2005/06/06 : CIA-RDP79MO04NA001100190013-6 2 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; Approved For Release 2005/06/06 : CIA-RDP79M00467AO01100190013-6 Approved For elease 2005/06/06: CIA-RDP79MO046 001100190013-6 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. Approved For Release 2005/06/06 : CIA-RDP79M00467AO01100190013-6 Approved Foi jeIease 2005/06/06 : CIA-RDP79MO04Wc001100190013-6 ~2 ec (13) T.? orei ii intelligence ill ffjylI*Itd_I_I 01)% X3 " (i) lllforma1tih rc'i;, ti,i~ to tlm ah lit? r cif 6:Ir. : 14 United 1Stii tC'?:i to P1'0 !C?C:t . 1ttiC'~~ I iti42~:t : cIitu Or i 15 potentiiil attack or -otber IICx:f.ilc -acts nf. a ?~;,- .E?Ci