CONGRESSIONAL RECORD - HOUSE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000100060031-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 16, 2016
• Document Release Date: November 2, 2004
• Sequence Number: 31
• Publication Date: July 13, 1978
• Content Type: REGULATION

Approved For Release 2004/12/02 : CIA-RDP81M00980R000100060031-1
July 13, 1978 CONGRESSIONAL RECORD -HOUSE
nated intervention plan if a long-term ap-
proach were in place that would recognize
the beneficial effect to the long-term health
of the international monetary system of such
a shift to a broader based reserve system;
Whereas unilateral actions, including capi-
tal controls and protectionist trade barriers,
taken by individual governments, including
the United States, to protect their currencies
and insulate their`conomies from the nega-
tive effects of changes In currency relation-
ships could force more and more countries
to adopt similar restrictions with serious im-
plications for continued international trade
and economic growth;
Whereas these monetary issues are no
longer amenable to solutions developed on a
consultative ad hoc basis but rather require
long-term solutions reflecting the interde-
pendence of countries today;
Whereas it is essential that confidence be
rebuilt in the multilateral approach to solu-
tions to our international economic prob-
lems; and
Whereas the forthcoming Economic Sum-
mit to be held in July in Bonn provides the
immediate opportunity for the development
of such a concerted, multilateral approach;
Whereas it is the growing consensus among
the leaders of the other industrialized coun-
tries that, if these international initiatives
are to succeed, the United States must take
steps to put its own house in order: (I) by
adopting a meaningful energy policy that
will begin to cut United States dependence
on imported oil and generate the required
investment to spur new energy technology;
(ii) by undertaking monetary and fiscal pol-
icies that recognize the deleterious effects of
inflation on the United States domestic
economy as well as on the international posi-
tion of the dollar and, therefore, on the cur-
rencies of the other countries; and, (Ili) by
adopting a comprehensive program to im-
prove the competitiveness of United States
exports in international markets: Now, there-
fore, be it
Resolved by the House of Representatives
(the Senate concurring), That it is the Sense
of the House that-
(1) the President recognize the severity of
the international monetary crisis, which, if
unchecked, has the potential of disrupting
the domestic as well as international econo-
my through a loss of confidence in the
ability of governments to deal with the ma-
jor economic issues of our time;
(2) the President undertake discussions
culminating in the Economic Summit in
July with the other industrialized countries
with a view toward developing a closely co-
ordinated approach to the grave interna-
tional economic issues based on a sense of
interdependence and mutual cooperation;
and
(3) such an approach recognize the essen-
tially structural problem facing the inter-
national monetary system caused by the
exclusive reliance on the dollar as the key
International monetary reserve asset and,
consequently, should focus on a long-term
solution to meet that problem,
H. Con. RES.
Whereas many of the economic difficulties
facing both developed and developing coun-
tries today are the legacy of the shock suf-
fered by the world economy as a result of the
massive escalation of oil prices since 1973,
which continues to Impose great burdens on
the world economy;
Whereas the cost of oil imports continue
to drain away important parts of the pur-
chasing power of oil importing nations,
chronically upsetting their international
balance of payments, and requiring the con-
tinued borrowing of large amounts of capital;
Whereas economic growth has stagnated
in many countries and the rise in the capital
stock needed to increase productivity, raise
standards of living, expand markets, and
avoid Inflationary bottlenecks is not. occur-
ring;
Whereas it is essential that the OPEC
countries in surplus, because of their grow-
ing stake in the economies of the indus-
trialized nations, be tied more intimately
into the international economy and be asked
to assume greater responsibility for its proper
functioning;
Whereas the inability of major OPEC sur-
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from North Carolina (Mr. MARTIN)
is recognized for 15 minutes.
[Mr. MARTIN addressed the House.
His remarks will appear hereafter in the
Extensions of Remarks.]
plus countries to absorb their current ac- 'THE FOREIGN INTELLIGENCE ELEC-
count surpluses has resulted in their ac- TRONIC SURVEILLANCE ACT-TO
cumulation of a surplus aggregating approxi-
mately $175,000,000,000 in the last four years, MEET ALL OUR REAL NEEDS
with some projections of a surplus aggregat-
ing as high as $200,000,000,000 for at least
the next five, if not double that figure in the
next ten years;
Whereas the recycling of the surplus OPEC
funds through a sophisticated and resource-
ful complex of financial intermediaries
(largely commercial banks) may have served
the investment needs for the OPEC surpluses,
it has failed to generate the macroeconomic
policies in the oil importing countries needed
to restore efficiently the equivalent purchas-
ing power to the importing countries, es-
pecially the developing countries;
Whereas the oil importing developing
countries require productive investment In
order to cover their oil import deficits and
to complement the aid and investment of
the developed countries- in stimulating the
noninflationary growth and the expansion
of broader markets for goods and services
which the international economy requires so
urgently to deal with stagnation and infla-
tion;
Whereas without the expansion of markets,
whether in the developing or developed
countries, it will be extremely difficult to
counter the escalating demands of protec-
tionist forces to limit imports into the
United States as well as United States in-
vestment abroad by demonstrating that an
open international system results in higher
levels of United States employment and do-
mestic economic activity than does a closed
international system with protectionist bar-
riers to the free flow of goods and capital;
Whereas it is essential that a mechanism
be created to make available a part of the
surpluses of the OPEC countries as capital
investment for those developing countries,
which would stimulate economic growth in
these countries and expand demand for the
exports of the industrialized countries;
Whereas such a capita pool would be.
available only to those developing countries
which would engage to develop rational eco-
nomic policies that recognize their respon-
sibilities to the international economic sys-
tem on a basis of self-help and mutual co-
operation: Now, therefore, be it
Resolved by the House of Representatives
(the Senate concurring), That it is the sense
of the House that-
(1) the President together with the leaders
of other industrialized countries begin dis-
cussions with the leaders of the OPEC coun-
tries with a view toward establishing a $50,-
000,000 to $100,000,000,000 capital pool for
productive investments in the developing
countries on appropriate terms and condi-
tions which will recognize the concerns of the
surplus OPEC countries, the recipient de-
veloping countries, the developed countries,
and the International Financial Institutions;
(2) the President consider the political and
security implications of these proposals in
his discussions with the leadership of such
OPEC countries; and
(3) the. governments of the industrialized
countries take into consideration-under
conditions mutually agreeable to both them
and such OPEC countries-the concerns of
the OPEC surplus countries regarding the
sustained value of their funds invested in
the capital pool and their need for liquid
assets In the event of unforeseen economic
emergencies.
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Illinois (Mr. MCCLORY) is rec-
ognized for 30 minutes.
Mr. McCLORY. Mr. Speaker, I have
introduced H.R. 13442, the Foreign In-
telligence Electronic Surveillance Act of
1978, in order to assure the American
people that the President will not abuse
his constitutional authority to engage in
constitutional authority to engage in
electronic surveillance for the purpose of
obtaining foreign intelligence informa-
tion.
From the time that electronic eaves-
droping first became technically feasible
up through the so-called Watergate pe-
riod, electronic surveillance was at times
used for other than valid Government
purposes. While many justifications were
given for this abusive activity, too often
it was cloaked in a claim of national se-
curity. However, since the isuance by
President Ford of Executive Order 11905
in 1976, and under President Carter's
Executive Order 12036, foreign intelli-
gence electronic surveillance-engaged in
at the direction of the President-has in
no way infringed on the legitimate priv-
acy rights of American citizens.
Some have noted that while all is
working well at the present time, a future
administration could always modify or
repeal existing guidelines. With this in
mind-and so as to better assure the
American public that their privacy rights
are being protected-H.R. 13442 is pro-
posed as a way of establishing strict,
statutory restrictions on the use of for-
eign intelligence electronic surveillance
while at the same time taking into ac-
count the valid needs of our intelligence
agencies.
Mr. Speaker, my bill would prescribe
procedures for the use of electronic sur-
veillance within the United States to
obtain information from foreign powers
and their agents. While under the bill
U.S. citizens could be targeted for for-
eign intelligence purposes, this could only
be done if it is shown that he or she
is acting clandestinely for or on behalf
of a foreign power under circumstances
that indicate such activities are contrary
to the foreign policy or security interests
of the United States. While such sur-
veillance of U.S. citizens would be ex-
tremely rare, it must surely be under-
stood that as a valid attempt for self-
preservation our Government must be al-
lowed to engage in electronic surveillance
of any person-citizen or noncitizen
alike-who is spying for a foreign
power. It should be noted, however, that
in the last 18 months only one U.S.
citizen has been the subject of electronic
surveillance: Ronald Humphrey who
along with David Truong was convicted
in a jury trial on May 19, 1978, on espi-
Approved For Release 2004/12/02 : CIA7RDP81M00980R000100060031-1
 Approved For Release 2004/12/02 : CIA-RDP81M00980R000100060031-1Jul 13, 1978
116690 CONGRESSIONAL RECORD -HOUSE 9
onage and other charges relating to the (3) An entity openly acknowledged to be (3) Provisions requiring the deletion of
controlled by a foreign government. the identity of any United States citizen if
(4) A group engaged in international ter- the identity is not necessary to understand
transmittal of classified USIA documents
to the Vietnamese Government. rorism. the foeeign intelligence information.
Mr. Speaker, my bill recognizes that (5) A foreign based political organization (4) Provisions restricting who may ap-
the Constitution reposes in the executive not substantially composed of U.S. persons. prove the retention or dissemination of in-
branch initial responsibility to protect (6) An entity directed and controlled by a ormationzincluding the identity of United
our country from foreign aggression. It foreign government. " States (5) Provisions relating to internal review
would establish carefully drafted pro- "Agent of a Foreign Power of the minimization process.
cedures mandating that whenever a U.S: (1) A non-U.S. person who- (6) Provisions requiring that a record be
citizen is to be targeted to obtain for- (a) Acts in the U.S. an an officer, member, kept of how information concerning United
eign intelligence information a specific or employee of a foreign power. States citizens is used or disseminated.
O
authorization must first come from the (b) Acts for a country that engages in
CHALLENGE PROCEDURES LEGALITY A AN OF AGGRIEVED SURVEILLANCE PERSON T TO
President, the Attorney General, and an- clandestine intelligence activities in the U.S. VII.
contrary to the interests of the U.S. OHALLE DISCOVERY
other senior executive branch official em- (2) Any person (including a U.S. person) IN 5COV of Appeals (3 judge panel)
ployed in the area of national security who- (1)
or defense who is appointed by the Pres- (a) Engages in clandestine intelligence ac- will decide the matter if the government
ident by and with the advice and con- tivities for or on behalf of a foreign power. states that it does not intend to use the in-
sent of the Senate. Or, if a nollcitizen is (b) Engages in sabotage or terrorism. formation obtained or derived from a foreign
to be targeted, authorization must come (c) Aids, abets, or conspires with someone eeding intelelectronc ligence ai surveillance. allThe ows ro-parte,
and from the Attorney General and the toAen age in a), (I ); or (c). seeding s in the defendant only where due
above-mentioned senior executive branch (1) "U.S. Pern" to
A U.S. citizen or permanent resident process V Sr equ sir sf Court (one judge) will
official. alien (PRA).
Mr. Speaker, the bill would also estab- (2) An unincorporated association corn- decide the matter if the government con-Infor lish "minimization procedures" which posed substantially of U.S. citizens or PRAS cedes that it does intend in use suc and al-
would restrict the use of information re- unless it is a foreign power under (1), (2), or mat The e p ocee n the defendant only lows disosure to
iU.S. persons and require that (3) above.
information be destroyed unless unless it is (3) A corporation incorporated in the U.S., where there is a reasonable question as to
necessary to valid foreign intelligence or unless it is a foreign power under (1), (2), the legality of the surveillance and disclo-
or (3) above. sure would likely promote a more accurate
laW enforcement purpose. determination of such legality, or where such
III. FOR WHAT PURPOSE disclosure would not harm the national se-
jVlr._Speaker, so as to deter any execu-
tive branch official who might contem- Only to acquire foreign intelligence infor- curity.
plate misusing the procedures of this mation which is: If the surveillance Is determined to be un-
bill, H.R. 13442, would establish harsh (1) Information necessary to certain de- lawful the judge must suppress the evidence
fined security or foreign policy needs if inf or- or otherwise grant the motion in accordance
criminal penalties and subject an of- mation concerns U.S. persons; with existing law.
fending official to civil liability for any (2) Information relating to such needs If the surveillance is determined to be law-
knowing violation of its terms. where the information concerns anyone else. ful, the judge must deny all motions.
Mr. Speaker, finally-and most lm- VI. HOW ELECTRONIC SURVEILLANCE MAY VIII. MISCELLANEOU6 PROVISIONS
,portantly-the bill requires that on a BE AUTHORIZED (1) Congressional oversight.-semiannual
semiannual basis the Attorney General A U.S. citizen may only be targeted for report to the House and Senate Intelligence
must fully inform the Permanent Select foreign intelligence electronic surveillance Committees by the Attorney General who
Committee on Intelligence and the Select if a "surveillance certificate" is issued by the must fully inform the committees of all elec-
Committee on Intelligence of the other President, the Attorney General, and an ex- tronic surveillance under the bill.
body on the executive branch's use of ecutive branch official employed in the area (2) Emergency Surveillance.-
foreign intelligence electronic surveil- of national security or defense who is con- Only if the usual procedures cannot be
firmed by the Senate. A non-U.S. citizen followed.
lance. Certainly, as long as Congress in- may be targeted if a "surveillance certifi- 48 hours without a surveillance certificate.
sists on exercising its constitutional sate" is issued, under oath, by the Attorney If the target is a United States citizen,
function of overseeing executive branch General and an executive branch official as the President must be immediately in-
formed.
activities, in this area, as well as in noted above.
others, abuses can and will be prevented. V. CONTENTS OF A "SURVEILLANCE CERTIFICATE" A surveillance certificate must be issued
Mr. Speaker, so that my colleagues (1) The identity or description of the tar- as soon as possible, even if the surveillance
is terminated before the end of the 48-hour
better might x piece of legislation, this admittedly get (2) electronic Gcertification ilthat the target is a period.
complex to m s an I am apf (2) If a surveillance certificate is not issued
such certification. all information obtained from the surveil-
pending to my remarks an analysis of power, and the basis for agent
H.R. 13442: (3) A certification that the facility to be lance must be destroyed.
(3) All records must be retained for 20
ANALYSIS 13 FOREIGN INTEI~LI- GENCE ELECTRONIC SURVEILLANCE ACT of surveilled target, and is the being basis or for may be such used by certification. the years.
Provides for civil and criminal liabil-
1978 (4) A statement of the minimization pro- 4
ity for violations of the bill's provisions.
1. WHAT ACTIVITIES ARE COVERED cedureS.
Generally, the bill covers all domestic (5) A statement that the purpose of the
electronic surveillance for foreign intelli- surveillance is to obtain foreign intelligence
gence purposes where a warrant would be re- information. tihe target is a United States person,
quired
he bill for law would enforcement purposes. a statement that the information sought
The regula
(1) The intentional targeting rgeting by any means cannot be reasonably obtained by normal
of .electronic surveillance of international investigation techniques. e for communications S persons in the within sthe which stateent of surveil theisperiod of to be
(2) All wiretapping conducted U.S. .
(3) The intentional acquisition of wholly (8) A statement of the means by which
domestic radio communications where a war- the surveillance ivlwill be effected.
PIted. ILES
ld be required for law enforcement VI.
rant wou
purposes. Specific procedures designed to minimize
(4) The installation or use of a monitoring the acquisition, retention, and dissemina-
device in the U.S. to acquire inform: tion tion of information concerning United
not transmitted by wire or radio, where a States persons, consistent with the need of
warrant would be required for law enforce- the United States to obtain, produce, and
ment purposes (beepers, transponders, pen disseminate foreign intelligence information.
registers, T.V. surveillance). They shall include, where appropriate-
II. WHO MAY BE SURVEILLED (1) Provisions for the destruction of un-
"F i n Power" necessary information.
r
(5) Authorizes testing, training, and elec-
tronic countermeasures without a surveil-
lance certificate.
(6) Common Carriers-,
Once electronic surveillance is authorized
by the issuance of a survellance certificate.
the Attorney General may direct that com-
mon carrier assistance be furnished.
They cannot disclose the existence of the
V -------- --
They relieved from civil liability for
The SPEAKER pro tempore. Under a?
previous order of the House, the gentle-
man from New York (Mr. KEMP) is rec-
ognized for 10 minutes.
[Mr. KEMP addressed the House. His
remarks will appear hereafter in the Ex-
tensions of Remarks.]
eg
o
(1) A foreign government. (2) Provisions restricting how rthe tisnsem- The SPEAKER pro tempore. Under &
(2) A faction of a foreign government not maa ed may be filed, retrieved, previous order of the House, the gentle'
substantially 0"OedrFalr Release 2004/12/02 : CIA.,RDP81M00980R000100060031-1