STATUS REPORT: FOREIGN INTELLIGENCE(SANITIZED) BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80S01268A000200010030-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: May 7, 2007
• Sequence Number: 30
• Publication Date: February 24, 1977
• Content Type: REPORT

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February 24, 1977
T0: The Attorney General
FROM: Frederick Baron
STATUS REPORT: FOREIGN INTELLIGENCE SURVEILLANCE BILL
I . Sumr~.ary
Good progress is being made toward the goal of designing
a draft bill which establishes tight warrant procedures for
foreign intelligence electronic surveillance and is acceptable
to both the intelligence agencies and the Congress. Members
of_ the Attorney General's staff have met with representatives
'af interested members of Congress and representatives of various
agencies and departants in the intelligence community to dis-
cuss draft language. It~caauld be premature at this point to
make any definitive prediction as to the particular provisions
that will result from these discussions.
tiJhen the initial stage of these discussions has been
" completed, the Attorney General will circulate a new draft bill
to the intelligence community far comments. The previous
request for comments on S. 3197 has been rescinded to avoid
wasted energy.
II. Meeting faith Congress:
Last weelc representatives of the Attorney General met
with representatives of members of Congress ~?~ho will be taking
a leading role in~drafting and considering this legislation,
including representatives of Senators Kennedy, Bayh, and
Abourezk of the Senate Judiciary Committee, counsel from the
Senate Intelligence Committee, and counsel to Congressmen
Rodino and Kastenmeier.. of thd~House~Judiciary Committee. At
this meeting ar- exchange of views took place as to how to
perfect the bill which came out of the Senate Intelligence
Co?~iittee last year. (S. 3197) to take into account the concerns
of various members of Congress, including:
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- wheth~g- the bill '~ be ~caritten without a
reservation of inherent presidential power
to conduct caarrantless surveillance;
- whether the bill -ems be revised to move
even closer to a strict criminal standard
(i.e., allow surveillance only where there
is probable cause to believe criminal
activity is afoot, including espionage as
defined under existing statutes);
- ~ahethar it is possible to strengthen the
authority of a federal judge to loolr.
behind the certification of the xational
security value of the information sought
by the Assistant to the President .fox
National Security Affairs, so that the
judge could make an independent~determina-
tion as to whether the facts support the
certification.
The Attorney General`s representatives did not malce any
commitments to any positions on these paints. They simply
offered to stud;- t'~ese and other questions about the previous
bill ar_d to continue such discussions ~caith the Congress to
work toward a consensus bill.
III. Intelligence Community Meeting:
At the meeting with counsel to various agencies and
departmer=ts in the Intelligence Community (.Defense, NSA,
State, CIA, NSC, and the Intelligence Community Staff), the
NSA counsel proposed an amendment to last year's bill. This
amendment would state that it is "not unlawful" for NSA to
conduct communications intelligence provided that there is
no intentional targeting of a.communication of American citizens
or permanent resident aliens. This would cover communications
where at least one party is outside the U.S. ox where a
communication channel ~,ritl~in the U.S. is exclusively used by
a foreign po~caer (e.g., a dedicated telephone leased line).
It was agreed at the meeting that the?Attorney General`s
representatives would discuss this proposal with Congres-
sional representatives. These .discussions have been initiated
and will. require more time to complete. The initial concerns
whicYx were raised in these discussions were (1) that any
intentional targeting of the communications of Americans by
NSA should be subjected to warrant procedures; and (2) that
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strict minimization procedures shall be applied to all NSA
communications intercepts to gaver.n retention and use of
any information acquired about American citizens or permanent
resident aliens.
Copies to: Pat Wald
~Iilte Kelly
Doug Marvin
Ray Calamero
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UNCLASSIFIED CONFIDENTIAL SECRET
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
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Legislative Counsel
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ACTION
DIRECT REPLY
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APPROVAL
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RECOMMENDATION
COMMENT
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RETURN
CONCURRENCE
INFORMATION
S16NATURE
Remarks
George:
Per our conversation.
Tony Lapham
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DATE
General Counsel
ENTIAL
3/7/77
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UNCLASSIFIED CONFID
F6~N M0. 237 Uss pr~rious editions is GPO : 19'14 O - 535-857
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