FOREIGN INTELLIGENCE SURVEILANCE ACT OF 1978--CONFERENCE REPORT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80S01268A000500040003-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 19, 2016
• Document Release Date: September 20, 2005
• Sequence Number: 3
• Publication Date: October 9, 1978
• Content Type: OPEN

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October. 9, 1978 CONGRESSIONAL RECORD -SENATE S 17881
rected the U.S. Comptroller General to pre-
pare auditing and reporting standards to
help in formulating the terms of reference
for a review and evaluation group, and peri-
odically review audit report and related in-
formation and report to Congress and the
President.
LACK OF TRAINING
In a report issued in early June, Comp-
troller General Elmer Staats found that the
Operations Evaluations Department formed
by the Bank conforms with neither the For-
eign Assistance Act nor the standards he
stressed. The staff is recruited from within
the Bank, he declared, and "is not provided
with guidance or training in basic evaluation
techniques."
The Department has been reviewing proj-
ects completed since 1972, but no current
ones. "The Director-General [ ho heads the
Department] informed us tha{i the reviews
focus on completed. projects wh ch were ap-
proved five to seven years earl r and that
Bank practices followed at that time may
not be relevant to current pra tices. . .
The Department's Annual Revs w of Proj-
ect Performance Audit Results, dated Febru-
ary 1918, states that it is based o findings
regarding loans totaling $1.3 bills n for 70
projects. It explains that it doesn't, identify
the projects because the Bank is aec 7 untable
only to its "shareholders," its mem er gov-
ernments. But U.S. Congressmen hag been
unable to learn the identity of the pi' jects
cited. Although the U.S. director of the ank
got a report which identified the project he
is precluded by Presidential Executive Or' er
1972, from making it available to membe
of Congress.
The dearth of useful information makes
it virtually impossible to tell what the Bank
is doing. It is known, however, that the U.S.
has contributed $5.6 billion, not counting
the sum voted recently by the House. And
that, as Rep. Young points out, "doesn't
even include the $7 billion in callable capi-
tal which the Congress has appropriated for
the World Bank. It is this 'callable capital,'
i.e., the full faith and credit of the United
States, which gives the World Bank so much
financial stability."
Without doubt, however, the Bank's staff
has been highly successful in eliminating
poverty at home. When Congress complained
that Bauk salaries for U.S. employes were
tax-free, the latter started paying taxes; the
Bank simply raised their pay by the amount
of taxes paid. McNamara's salary has been
mentioned. The senior .vice president now
grosses $106,950. The U.S. executive director
gets $83,830. That compares with $66,000
' for U.S. cabinet members and $57,000 for,'
members of Congress. The Bank also makes
loans to its staff members at below-market
rates..
FLOODS RAVAGE SOUTHEAST ASIA
? Mr. KENNEDY. Mr. President, over
the past few days confirmed reports have
come from Southeast Asia telling of mas-
sive flooding caused by typhoons and
heavy rain, endangering the lives of mil-
lions of people throughout the region.
Officials in Thailand have launched an
emergency flood relief program, and both
Laos and Vietnam have appealed for
international disaster assistance.
According to reports from the field,
confirmed by our Government and
United Nations agencies, heavy rains and
typhoon Lola have combined to produce
the worst flooding in 35 years in part of
Thailand, in vast areas of Vietnam, and
in the lowland areas of I~oas. The Amer-
ican Embassy in Bangkok has cabled
that serious crop damage has been' re.
ported in Thailand, and other reports
describe some 21/2 million acres of crop-
land are under water in Vietnam, with a
loss of perhaps 2.8 million tons or rice.
Mr. President, this natural calamity
comes to an area of the world devastated
by years of war, and still suffering from
its dislocations and the movement of
refugees. Food shortages were already
critical in both Laos and Vietnam before
this latest tragedy struck. And Thailand
has been faced with the serious humani-
tarian burden of Indochinese refugees,
only now to confront relief needs among
its own people.
Although Thailand has not yet re-
quested international assistance, both the
governments of Vietnam and Laos have
appealed to United States agencies for
assistance.
Mr. President, I would hope that the
administration would study their request,
and respond expeditiously and gener-
ously to any United Nations appeal-
especially an appeal from the United
Nations Office for Disaster Relief
(UNDRO) -for emergency assistance to
Vietnam, Laos, or T'hailand.. The need is
obviously there, and once reports are.
confirmed as to specific relief needs, I
hope our response will be forthcoming.
Clearly, the law provides for such as-
sistance to meet natural disasters where-
ever they occur, "notwithstanding any
other provision pf law." Once the inter-
national disaster assistance account of
the Foreign Assistance Act is funded
when the appropriations bill is signed by
The President, hopefully in the next few
days, no legal obstacle should remain in-
out' ability to respond to an international
app 1 for disaster assistance in Viet-
nam Laos.
Mr. resident, I ask that the text of
two prel5,s reports from the field, be
printed 1 tthe RECORD.
The repot follows:
FFrom.the shington Post, Oct. 5, 19781
FLOODS RAVAGE S@UTHEAST ASIA; VIETNAM AND
LAOS *PPEAL FOR AID
BANGKOK.-Heavy- floods have ravaged
wide areas of Thaila Laos, Cambodia and
Vietnam, submerging lions of acres of rice
paddy and driving milli s of families from
their homes, according to eports here yes-
day broadcast by the official Vietnam New~,4 suffers from a chronic shortage of fertilizer
Agency. \and insecticides, spare parts for water pumps
Unseasonally heavy rains generated by Nkid fuel to run them. Furthermore, refugees
Typhoon Lola produced the worst flooding fie' ng Vietnam report that the elimination
in 35 years in Vietnam, the spokesman re- of the free market for rice last March in
ported, adding that 2.3 million acres of crops what "as South Vietnam has reduced the in-
were submerged in North and South with a centive to grow rice for sale. Collectivization
loss of ^2.8 million tons of rice, of southbr~n farms, which is proceeding grad-
_
gency relief in the form of makeshift hous- Some ricela
ing and food handouts, he said. der is lying f
diate flood relief and set aside more money called away from border duties. Instead of
to assist in recovery once the swollen rivers producing food, they must be fed. Fuel,
subside. which could have been used for water
More than 200,000 villagers have aban- pumps and tractors, has been diverted for
doned their homes to escape flooding in military use.
Thailand's northern, northeastern and cen- Vietnam announced its dire "Situation
tral provinces and the official death count Monday when it took diplomats and repre-
stands at 34, officials in Bangkok said. More
than 300,000 acres of farmland were under
water and some low-lying areas around
Bangkok also were flooded.
The government flew vaccine and other
medicine to flood-stricken- areas in the
northeastern province of Udorn after re-
ports that cholera had broken out. Two
deaths were attributed to cholera and nine
other cases were confirmed, public health
officials reported.
In addition to the flooding, the Vietna-
mese Foreign Ministry official said, nearly
900,000 acres of ricelands were destroyed by
insects. An international official in Bangkok
said the insects constituted a long-term
problem in Vietnam because of a scarcity of
pesticides and working spray equipment.
Flooding was particularly devastating in
the Mekong Delta, Vietnam's main food-
growing region. More heavy rains in Thai-
land, Laos and Cambodia have raised the
threat of still higher waters in the Mekong
River, the ministry spokesman said.
The New China News Agency, meanwhile,
reported that eastern China's major prov-
inces, hundreds of miles northeast of the
flood -area, are fighting the longest drought
in more than 120 years.
[From the Wall Street Journal, Oct. 4, 19781
VIETNAM ASKS FOR FOREIGN AID AFTER Loss OF
ONE-FIFTH OF RICE CROP TO HEAVY RAINS
(By Barry Kramer)
HONG KoNG.-Vietnam appealed for emer-
gency international aid following six weeks
of torrential rains that it says wiped out
about 2.9 million tons of rice, or more than
one-fifth of the Communist nation's esti-
mated 1978 output.
The disastrous crop failure, the worst of
three due to natural calamities in as many
years, could curtail severely Vietnam's plans
for economic recovery and may force its 50
million people, already on food rationing, to
tighten their belts another notch.
The latest economic setback comes when
hundreds of thousands of soldiers have been
removed from agricultural and civilrecon-
strtiction projects to fight a border war with
Vietnam's western neighbor, Cambodia, and
to face an increasingly - hostile northern
neighbor, China. The crop shortage could
force Vietnam into further reliance on the
Soviet Union. Hanoi's main source of previ-
ous emergency food aid. The relationship
with the U.S.S.R. already is the root cause
of Vietnam's falling out with its Communist
neighbors.
Diplomatic observers in Asia have been
predicing that Vietnam would launch a mili-
tary offensive in a few months against the
anti-Vietnamese regime in Cambodia and
attempt to replace it with one more friendly
to Hanoi. It isn't clear if or how Vietnam's
-food crisis might affect that expected con-
frontation.
FERTILIZER SHORTAGE
Vietnam's grain shortage can't be blamed
entirely on the weather. The country still
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CONGRESSIONAL RECORD -SENATE October 9, 1978
sentatives of international organizations on
a tour of some flooded areas. Foreign Minis-
try officials then told foreign newsmen in
Hanoi that the floods, plus insect infestation,
had destroyed about 2.9 million tons of rice
since Aug. 20, when the first of several ty-
phoons and tropical storms hit the North
and the South.
TARGET OUTPUT
The Vietnamese previously targeted out-
put for the year at about 14.9 million tons.
But before the floods, Western experts had
estimated the crop at about 12.9 million
tons. If the estimated loss is correct, then
actual production could be only 10 million
metric tons-22 percent below the earlier
Western estimate and several million tons
less than is needed to feed Vietnam's popu-
lation.
Last year, when Vietnam harvested an
estimated 12.4 million tons of rice, it still
had to import about 1.7 million tons of rice
and other grains to help bridge the kap be-
tween production and consumption. Even so,
rice rations were cut, and other starchy
foods such as manioc were substituted (or-
rice, Vietnam's staple food.
The country isn't likely to get all 2.9 mil-
lion tons of grain as gifts or loans from
other countries, nor is it likely to purchase
any but a small part of that amount. It is
likely that the Soviet Union will supply a
large portion of whatever relief grain is ob-
tained.
Meanwhile, Thailand, a would-be supplier
of rice to Vietnam, has been hit by the same
heavy rains, and large areas of its rice pad-
dies are damaged. Laos and Cambodia also
will suffer.0
VISIT OF RHODESIA'S PRIME
MINISTER IAN SMITH
? Mr. GARN. Mr. President, I would
like to take this opportunity to welcome
to the United States Prime Minister Ian
Smith and the Reverend Ndabaningi
Sithole of Rhodesia's transitional govern-
ment. It is of utmost significance that the
American people have this chance to hear
directly from these leaders of Rhodesia's
internal settlement regarding the condi-
tions in their country and their efforts to
bring about majority rule.
The State Department's delay in grant-
ing visas to Prime Minister Smith and
Reverend Sithole was more than simply
another manifestation of this adminis-
tration's misguided and ill-convicted
policy in southern Africa-it was an un-
conscionable obstruction to the earnest
attempts of these leaders to bring about
black majority rule in Rhodesia through
peaceful means.
This administration has consistently
pursued a policy that is weighted heavily
in favor of the pro-Marxist guerrilla
forces of Joshua Nkomo and Robert
Mugabe. Our Government's insistence
that these leaders of the Patriotic Front
must be part of any overall settlement
has provided them with a de facto veto
over the efforts of Rhodesia's internal
leaders to resolve the issue peacefully.
The obstinate refusal of the Carter ad-
ministration to support the brave initia-
tives of Rhodesia's biracial interim gov-
ernment is nothing less than scandalous.
Should this administration maintain
its opposition to the Rhodesian internal
settlement it will severely reduce the
prospects for a peaceful transition to
democratic rule, and will make a black-
against-black civil war all but unavoida-
Approved
ble--with the potential that such a con- desperate need for a solution to racial war
fiict has for further Soviet-Cuban armed in southern Africa and economic disaster
intervention in the affairs of Africa. for Zambia and other frontline states.
Mr. President, I sincerely hope that The political rationale behind the invita-
this visit by Prime Minister Smith and tion for Smith to come here and talk to
senators and other American leaders was
Reverend Sithole will help the American
people gain a greater appreciation for the
tremendous difficulties which these
leaders face in combating anarchy while
working to fundamentally transform the
nature of their country's political system.
Their endeavors deserve our whole-
hearted support and I once again wel-
come their arrival here in Washington.
Mr. President, in today's Washington
Post, Evans and Novak have spelled out
the moral bankruptcy of the Carter ad-
ministration's African policy, and I ask
that their article be printed in the
RECORD.
Ru:ODESIA POLICY: THE SENATE FILLS A
VACUUM
(By Rowland Evans and Robert Novak)
Contortions in the State Department to
delay a visa for Rhodesian Prime Minister
Ian Smith and Executive Council member
Ndabaningi Sithole symbolized the bank-
ruptcy of Carter administration Rhodesia
policy, a failure that has created a vacuum
now being filled by the Senate.
Implicit bankruptcy was declared by the
Senate more than three months ago when
a resolution to remove economic sanctions
from Rhodesia barely failed, 42 to 48. That
was followed Sept. 14 by a letter to Smith,
signed by 27 senators, inviting him and Sit-
hole to Washington. Moderates such as
Republican Sens. John Heinz (Pa.) and Bob
Packwood (Ore.) and Democratic Sens. Jen-
nings Randolph (W. Va.) and Ernest Hollings
(S.C. were among the signers.
But even such clear warnings from sen-
ators determined to arrest the move toward
all-out racial war failed to awaken the
makers of African policy in the State De-
partment. Trapped in a policy that in effect
gives veto power over the United States to
feuding black states bordering Rhodesia and
to feuding guerrilla forces armed and trained
by Soviet and Cuban officers, State's African
specialists shied from making any gesture
to the outlawed Smith.
So when Smith's request for a visa arrived,
the State Department blocked it. At work
was the same detachment from. reality that
has dogged the administration's Rhodesian
policy ever since former secretary of stat
Henry Kissinger's basic plan for ending white FOREIGN INTELLIGENCE SURVEIL-
domination of black Rhodesia was adopted LANCE ACT OF 1978--CONFER-
by Smith last- March. ENCE REPORT
'
s prelim-
The pretext for the department
inary decision Sept. 30 denying the visa was
the U.N. resolution imposing sanctions
against the onetime British colony. Smith
being a government official in an outlawed
nation, his passport has no international
standing, but the United States can waive
that U.N. ban anytime it wants.
For example, both Sithole and Bishop Abel
Muzorewa, another member of Rhodesia's
Executive Council, got U.S. visas for previous
visits here despite U.N. sanctions. The State
P-Lartment was singling out Smith for spe-
c. - treatment.
But the true hypocrisy of the department's
preliminary decision to bar Smith on spuri-
ous legalistic grounds is exposed by the fact
th t Z M n of th "f o f-li " bl k
a &
o e o e r
ne ac
grounded on precisely the same hopes that
motivated Kaunda: press Smith to find
some formula to entice Nkomo into a "share
of power" in the Rhodesian government.
The leading Senate player in this game
is conservative Sen. Jesse Helms (R-N.C.),
who is now working through private chan-
nels to soften both Smith and Nkomo in the
hope of continuing the August contacts
started in Zambia-a meeting that lasted
several hours and achieved limited objec-
tives.
But State Department specialists shrank
from exposing the shrewd and wily Smith
to the U.S. public or risking the political
anger of Third World activists in the United
Nations and blacks at home. Despite Helms's
pleading, Smiths' request for a visa lan-
guished.
Helms then served notice that he would
enter formal objections, under the rule of
senatorial courtesy, to the State Depart-
ment's entire list of foreign-service promo-
tions, and hold up three ambassadorial con-
firmations. There were other well-founded
threats.
Helms, however, is small potatoes in Jim-
my Carter's State Department. What broke
the visa barricade was not Helms or his
Senate colleagues but a compelling editorial
in the Washington Post on Oct. 4. By no
stretch could The Post be charged with
harboring bias toward Smith. Accusing the
State Department of playing a "shabby
game," the Post asked: "Must the United
States be 'purer' than Zambia?" Within
hours of that Oct. 4 editorial, the State
Department granted the visa, making a
mockery of its sanctimonious pretexts for
delay.
Having breached the visa barricade, the
Senate intends to play out its activist role
and fill the policy Vacuum. that has been
spreading since last March, when Smith
launched his "internal solution" pointing to-
ward black majority rule. As- perceived by
Senators, the United States for too long has
bartered away Its prestige and power in the
Rhodesian - tragedy in a vain search for a
solution satisfying black and other inter-
ests, many of which are clearly irrecon-
cilable.
Mr. KENNEDY. Mr. President, I sub-
mit a report of the committee of confer-
ence on S. 1566 and ask for its immedi-
ate consideration.
The PRESIDING OFFICER. The re-
port will be stated.
The legislative clerk read as follows:
The committee of conference on the dis-
agreeing votes of the two Houses on the
amendments of the House to the bill (S.
1566): to amend title 18, United States Code,
to authorize applications for a court order
approving applications for a court order
approving the use of electronic surveillance
to obtain foreign intelligence information,
,
n
having met, after full and free conference,
tIN. bo bo ban and rdering admitted Rhodesia, itself Smith ju stt waived twwo the have agreed to recommend and do recom-
mo
months ago. mend to their respective Houses this report,
Smith was invited by Zambian President signed by a majority of the conferees.
Kenneth Kaunda for secret negotiations The PRESIDING OFFICER. Without
with Joshua Nkomo. The purpose: to find objection, the Senate will proceed to the
common ground between the two so that consideration of the conference report.
Nkomo, a principal leader of guerrilla forces
now attacking Rhodesia, could be brought (The ferenCR a of ed in
into the Rhodesian government. V.N. sent- a HOUSe pNaCedinses-.of._the RscQsns
time counted for nothing against Zambia's o ) e
 October 9, 19 r"'Approved Fo ORII, tWqM 2 RVP-89? j1 # 4000500040003-2
Mr. KENNEDY. Mf. President, today,
the U.S. Senate writes a final chapter in
the ongoing 10-year debate to regulate
foreign intelligence electronic surveil-
lance. In accepting the conference re-
port on S. 1566, "The Foreign Intelli-
gence Surveillance Act of 1978," the Sen-
ate will at long last place foreign intelli-
gence electronic surveillance under the
the rule of law. The abuses of recent,his-
tory sanctioned in the name of national
security highlighted the need for this leg-
islation. Working closely with our House
colleagues we have fashioned a final
product which strikes a careful balance
between the needs of national security
and the civil liberties and rights of the
American people.
This legislation benefits from broad bi-
partisan support. It passed the Senate 95
to 1. My distinguished colleagues, Sen-
ator BAYH, Senator Ti1uRMOND, and Sen-
ator GARN have been particularly instru-
mental in the development of this legis-
lation. Senator BAYH in particular proved
to be a valuable ally, processing the bill
through the Senate Select Committee on
Intelligence with skill and dedication.
The bill has been endorsed and sup-
Ported not only by this administration,
but by the Ford administration as well.
Both Attorney General Bell and Attorney
General Levi have been most cooperative
and helpful in its drafting and process-
ing. The legislation constitutes a major
step forward in bringing needed safe-
guards to the unregulated area of for-
eign intelligence surveillance. It is a rec-
ognition, long overdue, that the Congress
does have a role to play in this area.
This legislation would, for the first
time, substitute carefully prescribed ac-
countability and oversight for the arbi-
trariness of the past. The bill would re-
quire that most foreign intelligence elec-
tronic surveillance in the United States
be subject to a judicial warrant require-
ment 'based on probable cause. For an
American citizen to be surveilled, there
must be probable cause that he is an
agent of a foreign power, engaging in
sabotage, terrorism or clandestine in-
telligence activities. It is the courts, not
the Executive, that would ultimately rule
on whether the surveillance should oc-
cur. The bill would require that, before
such surveillance could occur, a named
executive branch official-such as the
Secretary of Defense-certify in writing
and under oath that such surveillance
is necessary to obtain foreign intelligence
information.
Mr. President, these statutory provi-
sions are the very heart of the legisla-
tion. It is true that we have acceded to
the House and eliminated the formal
warrant requirement when certain for-
eign powers are the target of the surveil-
lance. I have reluctantly accepted this
modification because of the need to re-
tain a bipartisan consensus concerning
the legislation. Although the modifica-
tion exempts certain targets from ' the
warrant requirement, it will, neverthe-
cy from wiretapping any American citi-
zen without first securing a warrant.
The legislation also provides the type
of accountability which has heretofore
not existed. It would for the first time
S 17883
expressly limit whatever inherent power poses. Other provisions dealing with
the Executive may have to engage in length of surveillance, minimization of
electronic surveillance in the United the surveillance and congressional over-
States. In so doing, the bill ends a dec- sight are carefully drafted with national
ade of debate over the meaning and security interests paramount.
scope of the "Inherent power" disclaimer
clause -currently found In title M.
The bill also provides civil and crim-
inal sanctions to those who violate its
provisions. It requires that all extran-
eous information-unrelated to the pur-
poses of the surveillance-be minimized.
And it mandates that before any in-
formation obtained can be used at a
subsequent criminal trial, the trial court
must again find that all statutory wire-
tap procedures have been met.
Most of the concerns expressed by
some about various provisions of the bill
have been satisfactorily resolved in con-
ference. Thus, the Senate provision
creating a special court to process the
warrant applications has been retained
by the conferees; a section has been
added from the House bill suspending
the warrant procedures for a period of
up to 15 days in times of declared war;
and new definitions of terrorism have
been worked out.
Mr, President, some might argue that
this legislation is regressive and does not
provide sufficient protection for civil
liberties: Others might maintain that
it goes too far and will inhibit the func-
tioning of our intelligence agencies. I
disagree on both counts. The bill places
strict statutory controls on foreign in-
telligence electronic surveillance. The
judicial warrant and executive certifi-
cation procedures guarantee the type of
external and internal controls which I
and others have long advocated. To those
who maintain that the bill does not go
far enough, I would remind them that
today there is no statute at all.
On the other hand, the legislation will
not undercut the effectiveness of our in-
telligence agencies. Two Attorneys Gen-
eral, two directors of the FBI and two
heads of the CIA have testified in sup-
port of this legislation. They made con-
vincing arguments that without this bill,
their agents will continue to operate in a
"twilight zone", unsure of what consti-
tutes legal surveillance techniques.
The needs of our Intelligence agencies
in protecting the national security have
also been carefully taken into account by
.the Congress, the conferees, the adminis-
tration and, perhaps most importantly,
the intelligence community itself. The
legislation has built-in safeguards to pre-
serve the flexibility and secrecy of our
intelligence effort. For not only did the
conferees agree to exempt from the war-
rant requirement certain foreign powers,
we also agreed to limit the notice re-
quirements of what detail must go into
the warrant application.
Finally, the conferees agreed that the
legislation must differ substantially from
the provisions of current law authorizing
wiretaps in domestic criminal investiga-
tions. The bill requires evidence,of crim-
inal activity before a warrant may be is-
sited in foreign intelligence cases but
.established a less stringent . "probable
cause" standard of criminality, thus
making it easier for the Government to
secure a warrant for these limited pur-
Mr. President, I believe the time has
at last arrived when Congress and the
Executive together can fill one of the last
remaining loopholes in the laws govern-
ing wiretapping and other electronic sur-
veillance in the United States. One
should view this bill for what it is, a
major effort by the Congress, long over-
due, to place foreign intelligence elec-
tronic surveillance under the rule of law.
I urge the adoption of the conference
report.
Mr. BAYH. Mr. President, I would like
to say a word of deep appreciation to the
Senator from Massachusetts for the tre-
mendous effort that he and the other
members of the conference expended in
working out this very important piece of
legislation.
This .is really the first time we have
had this kind of joint effort between the
Judiciary Committee and the Senate Se-
lect Committee on Intelligence. The Sen-
ator from Indiana, as the chairman of
that latter committee, is indeed grate-
ful for the kind of cooperation that has
been exhibited.
This. bill, for the first time in history,
protects the rights of individuals from
government activities in the foreign in-
telligence area.
It is to President Carter's credit that
he is the first President in history willing
to waive the implied rights of inherent
powers which other Presidents have de-
manded.
I think we have drawn a very careful
balance. On one side we have protected
the rights of individual citizens from
spying and prying. On the other, we have
done it in such a way it does not weaken
the capacity of our intelligence agencies
to provide the kind of information our
country needs to protect the Nation from
those who would do us harm.
. Mr. THURMOND. Mr. President, al-
though I rise in support of the confer-
ence report on S. 1566, the Foreign In-
telligence Surveillance Act of 1978, I
must indicate that I signed the confer-
ence report with some reluctance.
The need for certain safeguards in the
use of electronic surveillance by the
Government is accepted by this Senator.
I do not, however, support procedures
that would unduly restrict the ability of
the President, under his inherent power,
to engage in intelligence-gathering activ-
ities against foreign powers or their
agents.
Mr. President, the procedures under
this legislation are designed to permit
the President to continue his power to
engage in foreign intelligence surveil-
liance, but with judicial safeguards in
the form of a warrant procedure. Al-
though I am agreeable to such proce-
dures at this time, I would expect that if
these procedures were to become cum-
bersome and an obstacle to the ability
of our Nation to engage in necessary for-
eign intelligence gathering, the Congress
would Immediately reconsider this leg-
islation and. make changes in order to
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CONGRESSIONAL RECORD -SENATE October 9, 1978
avoid such barriers to effective foreign
intelligence-gathering activities.
Finally, I am supporting this legisla-
tion because, without a clear expression
from Congress in this area, especially
when the case law is somewhat divided,
there may be a chilling effect on the ex-
ecutive branch to engage in foreign intel-
ligence gathering activities. I would not
want to see that happen, Mr. President,
so with the reservations that I have ex-
pressed, I shall agree to the adoption
of the conference report on S. 1566 now
before the Senate.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the conference
report.
The conference report was agreed to.
Mr. KENNEDY. I move to reconsider
the vote by which the conference report
was agreed to.
Mr. CURTIS. I move to lay that motion
on the table.
The motion to lay on the table was
agreed to. .
THE CALENDAR
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the Senate
proceed to the consideration of Calendar
Orders Nos. 1190, 1194, 1210, 1211, 1212,
and 1213.
The PRESIDING OFFICER. Is there
objection?
Mr. STEVENS. There is no objection.
The PRESIDING OFFICER. Without
objection, it is so ordered.
COMPTROLLER GENERAL ANNUITY
ADJUSTMENT ACT OF 1978
The Senate proceeded to consider the
bill (S. 3412) to provide for cost-of-living
adjustments in the annuity of a retired
Comptroller General, and for other pur-
poses, which had been reported from
the Committee on Governmental Affairs
with an amendment on page 6, beginning
with line 6, strike through and including
line 8, so as to make the bill read:
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Comptroller Gen-
eral Annuity Adjustment Act of 1978".
SEC. 2. Section 319 of the Budget and Ac-
counting Act, 1921 (31 U.S.C. 43b) is
amended-
(1) by striking out "3" wherever it appears
In subsections (b) and (c) and inserting
,..E 1/2 ";
(2) by striking out in subsection (e) (2)
beginning with "one-half" through the word
"lesser" and inserting the following: "(A)
$1,548, or (B) $4,644 divided by the number
of children, whichever is lesser";
(3) by inserting "(A)" immediately after
"equal to" in subsection (e) (3) and by strik-
ing out in such subsection beginning with
"survived," through the word "year" and
inserting "survived, divided by the number
of children, or (B) $1,860, or (C) $5,580,
divided by the number of children, which-
ever is the lesser"; and
(4) by striking out "the last five years of
such service" in subsection (n) and insert-
ing "the three years of service in which his
annual salary was greatest", and by strik-
ing out "371/2" in such subsection and in-
serting "40".
SEC. 3. The Budget and Accounting Act,
1921, is amended by adding after section 319
the following new section:
"SEC. 320. (a) Except as provided in sub-
section (b), the annuities authorized by sec-
tions 303 and 319 of this. Act shall be increased
as follows:
"(1) The Comptroller General shall-
"(A) on January It of each year, or within
a reasonable time thereafter, determine the
per centum change in the Consumer Price
Index published for December of the preced-
ing year over the Consumer Price Index pub-
lished for June of the preceding year, and
"(B) on July 1 of each year, or within a
reasonable time thereafter, determine the per
centum change in the Consumer Price Index
published for June of such year over the
Consumer Price Index published for Decem-
ber of the preceding year.
"(2) If in any year the per centum change
determined under either paragraph (1) (A)
or (1) (B) indicates a rise in the Consumer
Price Index, then-
"(A) effective March 1 of such year, in the
case of an increase under paragraph (1) (A),
each annuity payable under sections 303 and
319 of this Act commencing not later than
such March 1 shall be increased by the per
centum change computed under such para-
graph, adjusted to the nearest one-tenth of
1 per centum, or
"(B) effective September 1 of such year, in
the case of an increase under paragraph (1)
(B), each annuity payable under sections 303
and 319 of this Act commencing not later
than such September 1 shall be increased by
the per centum change computed under such
paragraph, adjusted to the nearest one-
tenth of 1 per centum.
"(3) The per centum increase authorized
by the Comptroller General under this sec-
tion shall not exceed the per centum increase
as authorized from time to time by the Civil
Service Commission under section 8340(b)
of title 5, United States Code.
"(b) The annuity authorized by section
303 of this Act shall not, by reason of the
application of subsection (a), exceed the an-
nual rate of compensation of the Comptrol-
ler General.".
SEC. 4. (a) The second paragraph of section
303 of the Budget and Accounting Act, 1921
(31 U.S.C. 43) is amended by inserting be-
tween the third and fourth sentences the
following new sentence: "There shall be de-
ducted from the salary of any person ap-
pointed to the Office of the Comptroller Gen-
eral after the date of enactment of this sen-
tence as a contribution to the annuity au-
thorized by this paragraph (1) a sum equal
to 31/2 per centum of his salary, in the case
of a Comptroller General who has elected
survivor benefits under section 319, or (2)
a sum equal to 8 per centum of his salary, in
the case of a Comptroller General who has
not elected such survivor benefits.".
(b) The third paragraph of such section is
amended by-
(1) inserting after "that Act," in the first
sentence "and no deduction from his salary
shall be made under the preceding para-
graph,"; and
(2) adding at the end thereof the follow-
ing new sentence: "Any person who is ap-
pointed to the Office of Comptroller Gen-
eral after the date of enactment of this
sentence and who makes such an election
under this paragraph shall deposit with the
General Accounting Office for covering into
the general fund of the Treasury as miscel-
laneous receipts as a contribution to the an-
nuity authorized under the preceding para-
graph (1) a sum equal to 31/2 per centum, in
the case of a Comptroller General who has
elected survivor benefits under section 319,
or (2) 8 per centum, in the case of a Comp-
troller General who has not elected such
benefits, of the salary received by him as
Comptroller General prior to the date cur-
rent deductions begin from his salary, plus
interest thereon at the rate of 3 per centum
per annum compounded on December 31 of
each year.".
(c) Such section is amended by adding at
the end thereof the following new para-
graph:
"Any Comptroller General. who is sepa-
rated from office prior to becoming eligible
to receive an annuity under the second para-
graph shall be entitled to a lump-sum re-
fund of the total amount deducted from
his salary in accordance with the provisions
of such paragraph or deposited by him as a
contribution to his annuity in accordance
with the provisions of the preceding para-
graph, plus interest thereon at the rate of
3 per centum per annum compounded on
December 31 of each year. The lump-sum
refund authorized by this paragraph shall
be paid to the Comptroller General or to
his survivors in the order of precedence of
such survivors established in section 319(j)
for surivor benefits.".
The amendment was agreed to. .
The bill was ordered to be engrossed
for a third reading, read the third time,
and passed.
Mr. ROBERT C. BYRD. Mr. President,
I move to reconsider the vote by which
the bill was passed.
Mr. STEVENS. I move to lay that mo-
tion on the table. -
The motion to lay on the table was
agreed to.
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I ask unanimous consent to have
printed in the RECORD an excerpt from
the report (No. 95-1267), explaining the
purposes of the measure.
There being no objection, the excerpt
was ordered to be printed in the RECORD,
as follows:
SUMMARY AND PURPOSE
S. 3412 amends the law providing for re-
tirement of the Comptroller General of the
United States to enable retired Comptrollers
General and their survivors to obtain cost-
of-living adjustments to their annuities.
BACKGROUND AND LEGISLATIVE HISTORY
The Budget and Accounting Act of 1921,
as amended in 1953, authorizes a retirement
annuity for the Comptroller General. He is
entitled to the salary payable for his office
at the time of retirement (1) upon comple-
tion of his single 15-year term, (2) upon
retirement on permanent disability after
10 years of service, or (3) after 10 years of
service if he has attained the mandatory
retirement age of 70. He can retire at half
pay if permanently disabled after less than
10 years of service.
Benefits for survivors of retired Comp-
trollers General were enacted in 1959. These
benefits generally followed those provided
in 1956 for survivors of Federal judges. Sur-
viving spouses of retired judges and Comp-
trollers General received a maximum of 371/2
percent of the average salary for the last 5
years of creditable service. Benefits for de-
pendent children were also provided.
The 94th Congress updated benefits for
survivors of Federal judges (Public Law 94-
554). Cost-of-living allowances were pro-
vided. The ceiling on a spouse's annuity was
increased to 40 percent of a deceased judge's
highest 3-year average salary. The annuity
for dependent children of deceased judges
was increased. Judges' contributions toward
survivor benefits were increased from 3 to 4y2
percent of their salaries. With passage of
Public Law 94-554 it appears that all Fed-
eral employees, except for the Comptroller
General, have retirement and survivor bene-
fits adjusted by cost-of-living increases. -
Legislation providing cost-of-living in-
creases for retired Comptrollers General and
their survivors was transmitted this year by
the General Accounting Office to the Senate
Committee on Governmental Affairs and the
House Committee on Government Opera-
Approved For Release 2005/11/23 : CIA-RDP80S012'68A000500040003-2