MEETING WITH SENATOR INOUYE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M00165A000600130003-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 73
• Document Creation Date: December 19, 2016
• Document Release Date: January 23, 2006
• Sequence Number: 3
• Publication Date: March 28, 1977
• Content Type: MF

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_274 7Y's/
2 8 M AR 1977
MEMORANDUM FOR: Legislative Counsel
FROM: Director of Central Intelligence
SUBJECT: Meeting with Senator Inouye
1. I discussed Senator Ineuye's letter of 15 March
requesting my evaluation of our ability to verify strategic
arms limitations or agreements. I suggested that we do
this orally rather than in writing. He agreed and said
that he would have a meeting of just the Committee members.
CC:
2. Please arrange a date for such a meeting
DDCI
D/DCl/IC
Howard Stoertz
STANSFIELD ii-URNER Admiral, U.S. Navy
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22 Mar 1977
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CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
OLC 77-1058/a
2 4 MAR 1977
Honorable Daniel K. Inouye, Chairman
Select Committee on Intelligence
United States Senate
Washington, D.C. 20510
Dear Mr. Chairman:
ecutive Registry
77-7-7-#a)7
have your letter of March 15, 1977 to Admiral Turner
regarding the capability of the Intelligence Community to verify
present and possible future strategic arms limitations agreements..
My staff, in conjunction with the Intelligence Community staff,
is looking into this matter and we will respond as soon as all
appropriate agencies have been consulted.
Sincerely,
SIGNO
/.5corge L. Cary
0' Legislative Counsel
Distribution:
Original - Addressee
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DANIEL K. INOUYE, HAWAII, CHAIRMAN
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_ -
?ilf
swot BATH IND. n CLIFFORD P. CASE, NI.*
ADLAI E.f.ETEVENsON. ILL.
WILLIAM,p. HATHAWA,T, MAINE
WALTER D. HuDDLESTON, KY.
JOSEPH R. RIDER, JR., DEL:
RoaNT MORGAN, N.C.
GARY HART. row.
DANIEL PATRICK iryNIHAN, N.Y.
JAKE GARR. UTAH
CHARLES MCC. MATHIAS. JR.. MD.
JAMES B. PEARSON. KANS.
JOHN H. CHAFEE,
RICHARD G. LUGAR, IND.
MALcoLm WALLOP, WYO.
WILLIAM G. MILLER, STAFF DIRECTOR
MICHAEL .1. MADIGAN, MINORITY COUNSEL
eZitetieb Zialez Zenctie
SELECT COMMITTEE ON INTELLIGENCE
(PURSUANT TO S. HER. 400. 44TH CONGRESS)
WASHINGTON. D.C. 20510
March 25, 1977
IN REPLY 'PLEASE
REFER TO R#
Mr. E. Henry Knoche
Deputy Director of Central Intelligence
Central Intelligence Agency
Washington, D. C. 20505
Dear Hank:
I have enclosed a copy of an amended version of
S. 3197, which has been provided to the Department of
Justice. It is clearly the belief of the staff that a
bill governing electronic surveillance should go forward
at this time without the provisions which you will find
in this draft relating to mail opening and surreptitious
search and seizure.
. I would like very much to
convenience, a meeting between
who will be serving as Senator
in this area.
Enclosure
set up, at your earliest
you and John Elliff,
Bayh's principal staffer
Very truly yours,
((/(1,4---
Elliot E. Maxwell
C ))
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Mr.
VI.
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CONGIZES,S,
SESSMN
?
(xnnt.-- vitt in n11lotiolt exci,pt
por.:flort for tlo? doitP, num?
her. and rc(nrenentf 1.01.)
IN THE ?SENATE 01,1 VHE IJNITI!;D STATES
introduced the following bill; which was read twice and referred to the Commillee oa
A ILL
To amend title 18, United States Code, to authorize applications
for a court order approving the use of certain investigative
techniques to obtain foreign intelligence information.
(Insert titIc of bill ?wry)
Be it enacted by the Sunate.and House of Representatives of thc United States of
America in. Congress assemblcd, That this Act may be cited as the
"Foreign Intelligence Investigations Act of 1977."
SEC. 2. Title 18, United States Code, is amended by adding
a new chapter after 119 as follows:
"CHAPTER 120. -- WARRANT PROCEDURES IN FOREIGN INTELLIGENCE
INVESTIGATIONS.
"Sec.
"2521. Definitions.
"2522. Authorizations for certain investigative techniques
for foreign intelligence purposes.
"2523. Designation of judges authorized to grant orders for
certain investigative techniques.
"2524. Application for an order.
"2525. Issuance of an order.
"2526. Use of information.
"2527. Report of certain investigative techniques.
"2528. Common carriers."
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"?2521. Definitions
"(a) Except as otherwise provided in this section
the definitions of section 2510 of this title shall apply
to this chapter.
"(b) As used in this chapter --
"(1) 'Foreign power' means
"(A) a foreign government or any component
thereof, whether or not recognized by the United
States;
"(B) a faction of a foreign nation or
nations, not substantially composed of United
States persons;
"(C) an entity, which is directed and
controlled by a foreign government or govern-
ments which is engaged in terrorist, sabotage,
or clandestine intelligence activities or which
is not substantially composed of United States
persons;
"(D) a foreign-based terrorist group not
substantially composed of United States persons;
or
"(E) a foreign-based political organization,
not substantially composed of United States persons.
"(2) 'Agent of a foreign power' means --
"(A) a person who is not a United States
person and who is an officer or employee of a
foreign power;
"(B) a person who
"(1) pursuant to the direction of
foreign power, knowingly engages in-es
knewingly-aets-in-Eurtheranee-ef, in
terrorist activities for or on behalf of
a foreign power,
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"(ii) knowingly conspires with,
aids, or abets such a person, engaged in
terrorist activities for or on behalf of
a foreign power;
"(C) a person who --
pursuant to the direction of a
foreign power, knowingly engages in, er
.knewingly-aets-in-furtheranee-ef sabotage
activities for or on behalf of a
power, or
"(ii) knowingly conspires with, aids,
such a person knewing-that-sueh-persen
abets
foreign
is engaged in such sabotage activities for
or on behalf of a foreign power;
"(D) a person who --
"(i) pursuant to the direction of a
foreign power, knowingly engages in clandes-
tine intelligence activities for or on behalf
of a foreign power, which activities involve
or will soon involve a violation of the
criminal statutes of the United States or
will substantially harm the security of the
United States, or
"(ii) knowingly conspires with, aids
or abets such a person engaged in such clan-
destine intelligence activities for or on
behalf of a foreign power.
"(3) 'Terrorist activities' means activities which
"(A) are violent and dangerous to human
life;
"(B) violate a Federal or State criminal
statute, or if such activities have been or will
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be conducted outside the United States, would
be criminal under the laws of the United States
or any state if committed within its jurisdiction;
and
"(C) appear to be intended --
"(1) to intimidate or coerce the
civilian population, or
(ii) to influence the policy of a
government by intimidation or coercion.
"(4) 'Sabotage activities' means activities pro-
hibited by Title 18, United States Code, chapter 105.
"(5) 'Clandestine intelligence activities' means
the collection or transmissi6n of information related
to national defense or foreign policy, the fact or
purpose of which collection is concealed or attempted
to be concealed.
"(6) 'Foreign intelligence information or material
means --
"(A) information or material which relates
to, and is necessary to the ability of the United
States to protect itself against, actual or poten-
tial attack or other grave hostile acts of a
foreign power or an agent of a foreign power;
"(B) information or material with respect
to a foreign power or foreign territory, which
relates to, and because of its importance is
essential to --
na?
) the national defense or the
security of the Nation, or
"(ii) the conduct of the foreign
affairs of the United States;
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"(C) information or material which relates
to, and is necessary to the ability of the United
States to protect against, the terrorist activities
of a foreign power or an agent of a foreign power;
"(D) information or material which relates
to, and is necessary to the ability of the United
States to protect against, the sabotage activities
of a foreign power or an agent of a foreign power;
or
"(E) information or material which relates
to, and is necessary to the ability of the United
States to protect itself against, the clandestine
intelligence activities of an intelligence service
or network of a foreign power or an agent of a
foreign power;
11(7) 'Electronic surveillance' means --
"(A) the purposeful selection for monitoring,
on the basis of name, or other personal data which
identifies a United States person which would result
in the acquisition by an electronic, mechanical or
other surveillance device, of the contents of any
communication made with a reasonable expectation
of privacy to or from such United States person,
without the consent of any party thereto;
"(B) the acquisition by an electronic,
mechanical, or other surveillance device, of the
contents of a wire communication to or from a
person which is not a foreign power without the
consent of any party thereto, where such acquisition
occurs in the United States while the communication
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is being transmitted by wire;
"(C) the acquisition, by an electronic,
mechanical, or other surveillance device, of the
contents of a radio communication, to or from a
person which is not a foreign power without the
consent of any party thereto, made with a reasonable
expectation of privacy, and where both the sender
and all intended recipients are located within the
United States; or
"(D) the installation or use of electronic,
mechanical or other surveillance device to be used
against a person which is not a foreign power in the
United States or against a United States person for
the purposeful acquisition of information other
than from or related to a radio or wire communication
under circumstances in which a person has a rea-
sonable expectation of privacy.
"(E) nothing in this definition or chapter
is intended to affect Section 605 and 606 of
title 47 of the United States Code or to limit
or affect the signals intelligence activities
of the United States Government involving the
acquisition of communications by electronic,
mechanical or other surveillance device not
falling within the term 'electronic surveillance'
as defined in this Act provided that --
nu.
) all such acquisition or acti-
vities are conducted for foreign intelligence
purposes; and
"(ii) an agency authorized to conduct
such signals intelligence activities shall
not disseminate information which is not
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4, ?
foreign intelligence information derived
? from such activities or acquisition which
identifies a United States person without
his consent unless the information pertains
to a possible threat to the physical safety
? of any person.
"(8) 'Mail opening' means the inspection of the
contents of first-class mail before such mail is delivered
to the person to whom it is directed.
?(9.
) 'Surreptitious search and seizure' means
the unconsented searbh of any private dwelling, or any
other building or property in the United States, or
outside of the United States if such search is directed
at a United States person, in order to obtain any infor-
mation or material, the fact or purpose of which search
is concealed or attempted to be concealed.
"(10) 'United States person' means --
"(A) a citizen of the United States, an
alien lawfully admitted for permanent residence
(as defined in section 101(a)(20) of the Immi-
gration and Nationality Act), an unincorporated
association the majority of members of which are
citizens of the United States or aliens lawfully
admitted for permanent residence, or a corporation
which is incorporated in the United States or a
majority of the stock of which is owned by
citizens of the United States, aliens lawfully
admitted for permanent residence, or a corporation
which is incorporated in the United States, but
not including corporations which are foreign powers.
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"(11) 'Attorney General' means the Attorney
General of the United States or in his absence the
Acting Attorney General.
1(12) 'Minimization procedures' means procedures
to minimize the acquisition of information or material
that is not foreign intelligence information or material,
to assure that information or material which is not
foreign intelligence information or material not be
maintained, and to assure that information or material
obtained not be used except as provided in section 2526.
"?2522. Authorization for certain investigative techniques
for foreign purposes.
"Applications for a court order under this chapter are
authorized if the President has, by written authorization,
empowered the Attorney General to approve applications to
Federal judges having jurisdiction under section 2523 of
this chapter, and a judge to whom an application is made
may grant an order, in conformity with section 2525 of this
chapter, approving electornic surveillance, mail opening,
or surreptitious search and seizure targeted at a foreign
power or an agent of a foreign power for the purpose of
obtaining foreign intelligence information.
'12523. Designation of judges authorized to grant orders
? for certain investigative techniques.
"(a) The Chief Justice of the United States shall
publicly designate seven district court judges, each of
whom shall have jurisdiction to hear applications for and
grant orders approving electronic surveillance, mail opening,
or surreptitious search and Reizure anywhere within the
United States under the Procedures set forth in this chapter.
except that no iudae designated under this subsection shall
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vital
have jurisdiction of an application under this chapter which
has been denied previously by another judge designated under
this subsection. If any judge designated under this subsection
denies an application for an order authorizing electronic sur-
veillance, mail opening, or surreptitious search and seizure
under this chapter, such judge shall provide immediately for
the record a complete written statement of the reasons for
his decision and, on motion of the United States, direct
that the record be transmitted, under seal, to the special
court of appeals review established in subsection (b). In
the event of an appeal in.the denial of an-application made
under this chapter, the judge denying the application shall
be, for the purposes of the appeal, a respondent in the action
with the right to assistance of counsel.
"(b) The Chief Justice shall publicly designate three
judges, one of whom shall be publicly designated as the
presiding judge, from the United States district courts or
courts of appeals who together shall comprise a special court
of review appeals which shall have jurisdiction to review
the denial of any applciation made under this chapter. If
sneh-speeial-eeurt-determines-that-the-applieatien-was-preperly
denied, On making its determination, the special court shall
immediately provide for the record a complete written state-
ment of the reasons for its decision and, on motion of the .
United States or of the respondent District Court judge,
direct that the record be transmitted to the Supreme Court,
which shall have jurisdiction to review such decision
"(c) All proceedings under this chapter shall be con-
ducted as expeditiously as possible. The record of proceedings
under this chapter, including applications made and orders
granted, shall be sealed by the presiding judge and shall be
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maintained under security measures established by the Chief
Justice in consultation with the Attorney General.
".(d)? The special court of review shall promulgate orders
establishing the procedure for selecting to which judge
designated under section 2523(a) each successive application
under this chapter shall be submitted.
"(e) The Chief Justice shall designate judges under this
chapter from among judges nominated by the Judicial Conference
of the United States. Each judge designated shaZ1 so serve for
a maximum of seven years and shall not be eligible for re-
designation, provided that the judges first designated under
subsection (a) shall be designated for terms of from one to
seven years so that one term expires each year, and that judges
first designated under subsection (b) shall be designated for
terms of three, five, and seven years.
'12524. Application for an order.
(a) Each application for an order approving electronic
surveillance, mail opening, or surreptitious search and seizure
under this chapter shall be made by a Federal officer in writing
upon oath or affirmation to a judge having jurisdiction under
section 2523 of this chapter. Each application shall require
the approval of the Attorney General based which may be granted
only upon his finding that it satisfies the criteria and the
requirements of such application as set forth in this chapter.
It shall include the following information:
"(1) the identity of the Federal officer making
the application;
"(2) the authority conferred on the applicant
by the President of the United States and the approval
of the Attorney General to make the application;
"(3)
the identity or a characterization of the
person or entity who is the target of the electronic
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surveillance, mail opening, or surreptitious search
and seizure;
"(4) a description of the facilities or place
where the mail opening is to be conducted, or at which
? the electronic surveillance or surreptitious search
? and seizure is directed;
ofternal
??????????.11
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"(5) a statement of the facts and circumstances
relied upon by the applicant to justify his belief
that --
"(A) the target of the electronic sur-
veillance, mail opening, or surreptitious search
and seizure is a foreign power or an agent of a
foreign power and
"(B) in the case of electronic surveillance
or surreptitious search and seizure, the facilities
or the place at which the electronic surveillance
or surreptitious search and seizure is directed
are being used, or are about to be used, by a
foreign power or an agent of a foreign power;
"(6 a statement of the minimization procedures
to be applied te-minimize-the-aequisitien7-retentien,
and-dissem4natien7-and-te-req-aire-the-expunging7-ef
inferffiatien-relating-te-permanent-resident-aliens-er
es-ef-the-United-States-that-is-net-fereign
intelligenee-intermatienT-dees-net-relate-te-the-ability
et-the-United-States-
1.2.(A)-te-preteet-itself-against-aetidal-er
petential-attael..-er-ether-grave-hestlle-aets-ef
? a-fereign-pewer-er-an-agent-ef-a-fereign-pewerl
IL(B)-te-previde-fer-the-natienal-defense-
er-the-seettrity-ef-the-Natien;
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u{C)--te-previde-fer-the-eenatiet-ef-the
fereigR-affairs-ef-the-United-States;
v0)--te-preteet-against-the-terrerist
aetivities-ef-a-ferein-pewer-er-an-agent-ef-a
fereigR-pewer;
u{E)--te-preteet-itsekf-against-the-elan-
destine-iRtelligenee-aetivities-ef-an-intelligeRee
serviee-8F-Retwerk-ef-a-fereign-pewer-er-an-agent
ef-a-fereign-pewer;
except, that appropriate steps shall be taken
to insure that information or material maintained solely
because it is foreign intelligence information
or material as defined in section 2521(6)(B)(ii)
itlfermatien-retained-selely-beeause-it-whieh
relates-teT-and-beeause-ef-its-impertaftee-is
deemed-essential-te-the-eendiaet-ef-ferein
affairs shall not be maintained in such a manner
as to permit the retrieval of such information
or material by reference to a United States
person who is a party to a communication inter-
cepted as provided in this chapter, or identified
through mail opening or surreptitious search and
seizure conducted pursuant to this chapter.
u