LETTER TO (SANITIZED) FROM DANIEL P. FINN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000600920016-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 22, 2016
• Document Release Date: April 29, 2011
• Sequence Number: 16
• Publication Date: March 11, 1985
• Content Type: LETTER

Declassified in Part - Sanitized Copy Approved for Release 2011/12/02 : CIA-RDP87B00858R000600920016-2
DAVE DURENBERGER, MINNESOTA, CHAIRMAN
PATRICK LEAHY, VERMONT. VICE CHAIRMAN
WILLIAM V. ROTH, JR., DELAWARE LLOYD BENTSEN, TEXAS
WILLIAM S. COHEN, MAINE SAM NUNN, GEORGIA
ORRIN HATCH. UTAH THOMAS F. EAGLETON, MISSOURI
FRANK MURKOWSKI, ALASKA ERNEST F. HOLLINGS. SOUTH CAROLINA
ARLEN SPECTER, PENNSYLVANIA DAVID L BOREN, OKLAHOMA
CHIC HECHT, NEVADA BILL BRADLEY, NEW JERSEY
MITCH McCONNELL KENTUCKY
ROBERT DOLE. KANSAS. EX OFFICIO
ROBERT C. BYRD. WEST VIRGINIA, EX OFFICIO
SELECT COMMITTEE ON INTELLIGENCE
WASHINGTON, DC 20510
85-63:910
March 11, 1985
Office of General Counsel
Central Intelligence Agency
Washington, D.C. 20505
As I mentioned to you a few days ago, staff on the
Judiciary Committee have referred me the enclosed bill
which would prohibit federal officials from tape-
recording their own official telephone calls. The staff
is concerned to be sure that the exemptions included for
intelligence activities are sufficient to safeguard these
activities from undue limitation under the bill.
I would appreciate having your office take a look
at this bill to see if lawful and authorized foreign
intelligence or counterintelligence operations could be
affected in any way. Thank you for your cooperation.
Daniel P. Finn
Minority Counsel
DPF/sm
Enclosure
'~tmted Mates senate
Declassified in Part - Sanitized Copy Approved for Release 2011/12/02 : CIA-RDP87B00858R000600920016-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/12/02 : CIA-RDP87B00858R000600920016-2
029'820.362
AMENDMENT NO. _" Calendar No.
Purpose: To prohibit Government employees from secretly taping
conversations with others.
IN THE SENATE OF THE UNITED STATES--98th Cong., 2d Sess.
Referred to the Comaittee on
ordered to be printed
_____and
Ordered to lie on the table and to be printed
Amendment intended tc be proposed by Mr. Netzenbaum
Viz:
1 At the appropriate place in the bill, insert the
following:
3 Sec. . (a) Chapter 119 of title 18, United States
4 Code, is amended by adding after section 2511 the following
5 new section:
6 " S 2511A. Prohibition on taperecording by Government
7 officials
8 "(a) (a) No official, employee, or agent of the United
9 States or of any department or agency thereof, while acting
18 in his or her official capacity, shall record or authorize
11 another person tc record a telephone communication to which
12 such person is a party, notwithstanding the provisions of
13 paragraphs (c) and (d) of section 2511, and subject to
14 subsection (b) of this section. Anyone who violates this
15 section shall be fined not more than $1,808 or Imprisoned not
16 more than six months, or both.
17 "(b) Subsection (a) shall not apply if--
18 "'(1) all parties to the communication have given
19 prior consent to such interception;
2e "(2) the person recording the communication is--
21 "M an investigative, law enforcement,
22 security, foreign intelligence, or
23 counterintelligence officer acting within the rormal
Declassified in Part - Sanitized Copy Approved for Release 2011/12/02 : CIA-RDP87B00858R000600920016-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/12/02 : CIA-RDP87B00858R000600920016-2
029020.362 S.I.C.
2
1 course of his or her employment; or
2 " (B) performing a law enforcement, security,
3 foreign intelligence, or counterintelligence function
4 under the direction and control of an officer
5 described In subparagraph (A);
6 "(3) the communication constitutes a tortious or
7 criminal act or threatens to perform a tortious or
8 criminal act;
g "M the recording is performed by a handicapped
1e employee, prcvided a physician has certified (and the
11 head of the agency or designee concurs) that the employee
12 is physically handicapped and-the head of the agency or
13 designee determines that the use of a recording device Is
14 required to perform the duties of the position;
15 "M the person recording the communication is
16 acting in accordance with--
17 "M in the case of an official, employee, or
18 agent of the Congress of the United States, rules
19 approved by each house of Congress, as applicable;
20 "(B) in the case of an official, employee, or
21 agent of the Judiciary of the United States, rules
22 approved by the Judicial Conference; and
23 **(C) in the case of all other officials,
24 employees, or agents of the United States--
25 **(1) regulations approved by the Attorney
26 General; or
27 " (ii) guidelines approved by the Attorney
28 General, if the Attorney General determines that
29 there is a compelling governmental interest in
30 not making the guidelines public.
31 Determinations to allow the recording of a communication
32 under clause (5), shall take into account and balarce the
33 right to privacy of the parties to the conversation and
34 the Interest of the Government in breaching such
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 Declassified in Part - Sanitized Copy Approved for Release 2011/12/02 : CIA-RDP87B00858R000600920016-2
029820.362
1 privacy.".
2 (b) The table of sections for chapter 119 of title 18,
3 United Sates Code, is amended by adding immediately after the
4 item for section 2511 the following:
..2511A. Prohibition on taperecording by Government
officials. ".
5 (c) The amendments made by this Act shall be effective 6A
6 days after the date of enactment of this Act.
Declassified in Part - Sanitized Copy Approved for Release 2011/12/02 : CIA-RDP87B00858R000600920016-2