DEFECTOR CITIZENSHIP LEGISLATION: STUMP PROPOSAL AND RODINO LETTER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M01152R001001240020-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 27, 2016
• Document Release Date: August 30, 2010
• Sequence Number: 20
• Publication Date: May 17, 1985
• Content Type: MEMO

(b)(5)
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CTAFF
PETER W RODIN?. JR_ NEW JERSEY. CH/JRIAAN Li? DIRECT
.-
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mi.LS INNIOEN. WISCONSIN CARLOS MCKNOILALI. CALIPCNONA
ASSOCIATE COL
DON EDWARDS. CALIFORNIA HENRY J HYDE. ILLINOIS alib? 10ousst of Repret(entatibtg ALAN F. COM
iJONN CONVENE. JR.. MICHIGAN THOMAS N KINDNESS. OHIO
JOHN F. SEIBERUNG. OHIO DAN LuNGREN. CALIFORNIA
SORIANO L. RIA.I201J. KENTUCKY F. JAMES SENSENSRENNFR. JR. WISCONSIN Committee on tbe lubiciarp
WILLIAM J. HUGHES, NEW JERSEY BILL McCOLLUM. FLORIDA
SAW S. MALL JR.. TEXAS E. CLAY SHAW. JR., FLORIDA
n 13
SYNAR, OKLAHOMA GEORGE W GEKAS, PENNSYLVANIA iagbingtort, e 20515
PATRICIA SCHROEDER. COLORADO MICHAEL ()TWINE. OHIO
DAN GLICKMAN KANSAS vitL.LiAM E DANNENEYER. CALIFORNIA Irtlepbont: 202-225-3951
SARNEY FRANK. MASSACHUSETTS HANK BROWN. COLORADO
GEO W CROCKETT. JR.. MICHIGAN PATRICK L. SWINDAU- GEORGIA
CHARLES E SCHUMER. NEW YORK HOWARD COSLE. NORTH CAROLINA
BRUCE A MORRISON. CONNECTICUT
EDwARD F FEIGHAN. OHIO May 3, 1985
LAWRENCE J. perm. FLORIDA
HOWARD L. SEAMAN. CALIFORNIA
FREDERICK C. BOUCHER. VIRGINIA
HARLEY O. STAGGERS. JR.. WEST VIRGINIA
Honorable Lee Hamilton
Chairman
Permanent Select Committee on Intelligence
H-405, The Capitol
Washington, D.C.
Dear Mr. Chairman:
It has been brought to my attention by Congressman Romano Mazzoli that
your Committee has under active consideration a legislative proposal
granting the President authority to naturalize up to five foreign
intelligence sources per year.
It is my understanding that Mr. Mazzoli, who is Chairman of the
Subcommittee on Immigration, Refugees, and International Law, has
already communicated his views on this provision to you and several
other Members of your Committee.
As you may know, existing immigration law already authorizes the
admission (as permanent residents) of up to 100 aliens per year if it
is determined that such admission "is in the interest of national
security or essential to the furtherance of the national intelligence
mission."
The proposed legislation would take this one step further and authorize
the immediate naturalization of such persons upon their admission for
permanent residence. In this regard, it should be noted that the
Judiciary Committee has on numerous occasions over the past three
decades considered private immigration legislation to waive the physics
presence and residency requirements for naturalization for defectors at
other cases of CIA interest. In each of these expeditious naturalizati
cases, the Committee has reviewed each case individually on the merits
to determine whether the passage of private legislation was appropriate
I continue to believe that this case-by-case approach is the proper wal
to proceed.
Therefore, if the aforementioned provision is included in the final
version of the Intelligence Authorization bill, it is my intention to
request the Speaker for sequential referral of the legislation because
it is a matter within the jurisdiction of the Committee on the Judiciar
(:7;irely,
ETER W.
Chairman
RODINO, JR.
PWR:sei
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flint I IOW
AMEN1iMENT4OFFERED BY MR. SIUMP
TO THE INTELLIGENCE AUTHORIZATION ACT FOR FY 1986
(Citizenship for Certain Intelligence Sources)
Attachments: TAB A -- Text of amendment offered by Mt. Stump
TAB B -- Congressional Record excerpt explaining amendment
Summary
The amendment permits the President, in limited circumstances, to
naturalize up to five foreign intelligence sources per fiscal year Who have
contributed substantially to the security of the United States.
Currently, under the CIA Act of 1949, the Director of Central
Intelligence, the Attorney General and the Commission of Immigration, acting
jointly, can admit foreign intelligence sources to permanent U.S. residence,
notwithstanding the immigration laws. The amendment grants a special
authority for citizenship similar to the special authority for permanent U.S.
residence, although with stricter safeguards.
The amendment will enhance the ability of U.S. intelligence to attract
well-motivated, highly-placed individuals abroad to secret intelligence
service for the U.S. by permittin?hem, in certain circumstances, to become
U.S. citizens expeditiously at the end of their service.
To offer the prospect of citizenship to attract the best sources, the U.S.
needs an expeditious, secure and reliable statutory process to naturalize them
at the end of their secret service. Neither the existing naturalization laws
nor the congressional private bill procedure provides such an expeditious,
secure and reliable process. The amendment does.
The amendment contains substantial safeguards to ensure careful use of the
authority it confers:
- The Attorney General must determine that the source meets the good
character requirement applicable to candidates for naturalization under
the general naturalization law (see 8 U.S.C. 1427(a)(3)).
The President personally must evaluate the source's intelligence service
and find that it constitutes a substantial contribution to U.S. security.
- The President personally must exercise the naturalization authority.
- The President must notify the intelligence committees of Congress each
time he uses the authority.
- The authority may not be used in any fiscal year to naturalize more than
five persons.
Enactment of the amendment will improve the ability of U.S. intelligence
to collect critically needed foreign intelligence and will properly reward
with citizenship the nation's most highly valuable, deserving intelligence
sources.
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AMENDMENT OFFERED BY MR. STUMP
TO THE INTELLIGENCE AUTHORIZATION ACT MR FY 1986
(Limited Special Naturalization Authority for Certain Intelligence Sources)
* * *
1 LIMITED SPECIAL NATURALIZATION AUTHORITY
2 SEC. . Section 7 of the Central Intelligence Agency
3 Act of 1949, as amended (50 U.S.C. 403h) is amended by
4 inserting "(a)" after "SEc. 7." and adding at the end thereof
5 the following new subsection
6 "(b)(1) The President may, notwithstanding any other
7 law, naturalize as a citizen of the United States an alien
8 Omitted to the United States for permanent residence pursu-
9 ant to subsection (a) of this section if-
10 "(A) the Attorney General determines and certi-
11 fies to the President that the alien is a person of good
12 moral character, attached to the principles of the Con-
13 ctitution of the United States and well disposed to the
14 good order and happiness of the United States, and
15 "(B) the President finds that the foreign intelli-
16 gence activities of the alien on behalf of the United
17 States have contributed substantially to the security of
18 the United States,
19 except that in no case shall the number of aliens naturalized
20 in any fiscal year pursuant to this subsection exceed five.
21 "(2) Prior to naturalization under paragraph (1) of this
22 subsection, an alien to be naturalized under such paragraph
23 shall, before an officer of the executive branch designated for
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1 the purpose by the President, take the oath of renunciation of
2 former citizenship and acceptance of allegiance to the United
3 States required of an alien naturalized under other provisions
4 of law.
"(3) Notwithstanding any other law, a district court of
6 the United States, upon application of the Attorney General
7 under this subsection, shall, in a manner consistent with the
8 protection of intelligence sources, methods and activities,
9 issue or cause to be issued such documents relating to an
10 alien naturalized by the President under this subsection as
11 are issued relating to an alien naturalized under other provi-
12 sions of law, and such documents relating to an alien natural-
13 ized by the President shall have the same legal effect as doc-
14 uments issued relating to an alien naturalized under other
15 provisions of law.
16 "(4) The President may not delegate the authority
17 granted in paragraph (1) of this subsection, anything in sec-
18 tion 301 of title 3, United States Code, to the contrary not-
19 withstanding.
20 "(5) The President shall notify the Permanent Select
21 Committee on Intelligence of the House of Representatives
22 and the Select Committee on Intelligence of the Senate each
23 time the authority granted in paragraph (1) of this subsection
24 is exercised.".
* * *
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H.R. 1082 WILL IMPROVE U.S.
HUMAN INTELLIGENCE CAPA-
BILITIES BY FACILITATING
CITIZENSHIP FOR CERTAIN
SOURCES
HON. BOB STUMP
Or ARIZONA
IN THE MOIST. OF REPRESENTATIVES
Tuesday, March 26, 2985
? Mr. STUMP. Mr. Speaker, the abili-
ty of the United States to collect intel-
ligence on the intentions of hostile
foreign countries depends upon the
ability of the 'Central Intelligence
Agency to persuade highly placed indi-
viduals in those countries to cooperate
with U.S. intelligence. The motivation
for such cooperation may vary from
Individual to individual. However, in-
telligence sources motivated by their
belief in the principles of human free-
dom, justice, and peace, for which the
United States stands in the world,
have often proved to be of the greatest
intelligence value. These individuals
cooperate with U.S. intelligence be-
cause they wish to contribute to the
advancement of high principles of
freedom and often because they hope.
at the end of their U.S. intelligence
service abroad, to be welcomed into
the community of freedom we enjoy in
the United States. Title VII of H.R.
1082 will enhance the ability of U.S.
intelligence to secure the cooperation
of these well-motivated, highly placed
Individuals abroad by permitting
them, in certain circumstances, to
become U.S. citizens expeditiously at
the end of their intelligence service.
1.17NIQI7E RELATIONSHIP Or INTELLIGENCE
SOURCES TO THEV.S. GOVERNKL-HT
To carry out its foreign intelligence
collection mission, the Central Intelli-
gence Agency depends upon human
sources abroad for informatisn 21..nd
operational assistance. To secure the
cooperation of a well-placed individual
who can provide the needed informa-
tion or assistance, the CIA officer who
will work with that source must estab-
lish with him a secret relationship
with three critical elements: secrecy,
trust, and mutual benefit.
Secrecy is the first critical element
in the relationship between the CIA
and a foreign intelligence source. A po-
tential source will cooperate with the
CIA only if he believes that the secre-
cy of his relationship with the CIA
will be protected. If he believes that
the CIA cannot provide an ironclad
guarantee of secrecy and deliver on
that guarantee, he will not cooperate.
If such secrecy is breached, the source
loses his freedom, and in many parts
of the world, his life. The Congress
has in recent years enhanced consider-
ably the ability of the CIA to deliver
on its guarantee of secrecy in human
intelligence activities by enacting the
Intelligence Identities Protection Act,
which protects the identities of intelli-
gence sources, and the CIA Informa-
tion Act, which excludes CIA oper-
ational files from the reach of the
Freedom of Information Act.
Trust is the second critical element
in the relationship between the CIA
and an intelligence source. The intelli-
gence source must be confident that
the CIA as an institution of the U.S.
Government, and the particular CIA
officers with whom he works, will deal
with him honestly and fairly, will take
care of his interests in the event of
mishap, and will honor fully whatever
promises are made to him. The CIA
takes great care to maintain such
trust. Breaches of this trust would al-
ienate foreign intelligence sources,
ending their cooperation with U.S. in-
telligence.
Mutual benefit is the third critical
element in the relationship between
the CIA and the intelligence source.
Neither US. intelligence nor an intelli-
gence source will incur the risk which
Inheres in a clandestine intelligence
relationship unless the product of the
relationship is Judged by both parties
to be worth the risk. The US. Govern-
ment benefits from the secret infor-
mation and operational assistance the
intelligence source provides. The intel-
ligence source's benefits vary, some-
times including compensation and
sometimes not. Among the most dedi-
cated and effective intelligence
sources, however, are those who only
want a chance to contribute to the ad-
vancement of justice and freedom for
which the United States stands and a
chance to go to the United States at
the end of their intelligence service, to
participate in the free society which
their secret service has helped to
maintain.
s. ADMISSION Or INTELLIGENCE SOURCES TO IKE
17STrED STATES AT TEL END Or THEIR SERVICE
Under section 7 of the Central Intel-
ligence Agency Act of 1949 (50 U.S.C.
403h). whenever the Director of Cen-
t tral Intelligence, the Attorney Gener-
al and the Commissioner of Immigra-
tion determine that entry of an alien
Into the United States for permanent
residence is in the interest of national
security or essential to the further-
ance of the national intelligence mis-
sion, the alien is admitted to the
United States for permanent residence
without regard to US immigration
laws. No more than 100 persons may
be admitted under this special author-
ity in any fiscal year. This special pro-
vision, enacted 36 years ago, provided
clear authority to bring U.S. foreign
Intelligence sources into the United
States for permanent residence at the
end of their intelligence service. With-
out such a clear statute that applies
notwithstanding any other laws, the
CIA would be unable to promise a po-
tential intelligence source that at the
end of his secret intelligence service
the United States will reward him and
protect him with permanent US. resi-
dence.
The ability of the CIA?with the ap-
proval of the Attorney General and
the Corrrniqsioner of Immigration?to
offer permanent residence in the i
United States at the end of service
contributes substantially to the CIA's
ability to persuade highly-placed indi-
viduals abroad to cooperate with U.S.
intelligence. A statute which would
permit U.S. intelligence to offer to a
key potential intelligence source U.S.
citizenship at the end of his service
would contribute further to the CIA's
ability to persuade key personnel of
hostile foreign governments to cooper-
ate with U.S. intelligence.
S. INABILITY TO OTTER CITIZENSNU. TO INTEL-
LIGENCE SOVRCES AT TEL /HD OF MEM SERV-
ICE
Although Section 7 of the CIA Act
provides extraordinary authority to
admit foreign intelligence sources to
the United States for permanent resi-
dence. no Firnilvir statute exists which ?
contains extraordinary authority with
respect to citizenship for such persons.
Thus, U.S. intelligence cannot offer
citizenship to the best potential
sources, because no statute exists
which provides a clear guarantee that
the United States can deliver on that
offer after the source performs his
secret intelligence service. Regardless
of the value to the United States of a
source's secret intelligence service, to
become a citizen after he has become a
permanent U.S. resident, he must
qualify under the generally applicable
naturslirtItion laws. The requirement
to comply with the general naturaliza-
tion laws fails to take account of the
critical contribution of certain intelli-
gence'sources to the national security
and also fails to take account that, in
certain cases, a former intelligence
source may be handicapped in qualify-
ing for citizenship solely because of
his intelligence service.
Well-placed individuals of good char-
acter in hostile countries who risk
their lives and livelihood for years to
provide vital intelligence to the 'United
States, because they believe in the
principles for which America stands,
have proved their fitness for citizen-
ship by that service. Risking one's life
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sing livolihr.r.o4 tn sectet a rift firm ha.. v.- ...-11-.1a1-- ?... ?1-. -,?. .1 , J.
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higheit demonstration of allegiance to tionallty Act imposes upon intelligence I Title VII of H.R. 1082, entitled t
that nation. A foreign intelligence sources seeking citizenship, that act Foreign Intelligence Source Impro
, source whose actions contribute sub- imposes procedural handicaps as well. merit Act," provides the spec
stantially to the security of the United Section 316(a) of the Immigration and secure, and reliable procedure for c
States merits special consideration for Nationality Act (8 U.S.C. 1427) re- zenship for key sources that U.S. int
citizenship. quires that an individual seeking citi- ligence needs. Section 702 in title
The citizenship laws of our ally to zenship file a petition for naturaliza- of the bW would permit the Preside
the north, Canada, provide a clear ex- tion in the court with Jurisdiction over personally, in certain circumstanc
ample of a national determination
that certain service of extraordinary his place of residence. This require- to naturalize intelligence sources
value may merit an expedited method merit would result in a publicly avail- mitted to permanent U.S. reside
able court record revealing that the under section 7 of the CIA Act of 19,
for confer-ring citizenship on the indi- Section 702 provides:
source is in the United States and re-
vidual performing the. service. Thus,
section 5(4) of Canada's Citizenship vealing where he has settled in the Sec. 702. Section 7 of the Central Inte
Act (1976), other provisions of which United States. The availability of such gence Agency Act of 1949. as amended
U.S.C. 403h) is amended by inserting "(i
contain detailed and restrictive provi- - information could constitute a threat after "Sac. 7." and adding at the end the
sions for becoming a citizen, provides: to the safety of the source, whose of the following new subsection?
former country may seek to do him
In order . .. to reward services of an ex- "(bX1) The President may, nottithstax
ceptional value to Canada., and notwith- harm. tug any other law. naturalize as a citizen
standing any other provision of this Act, the In some situations, such as that Of the United States an alien admitted to t
Governor in Council may, in his discretion. Soviet MIG pilot Viktor Belenko, the United States for permanent residence p
direct the Minister to grant citizenship to executive branch has secured the citi- suant to subsection (a) of this section li?
my person and, where such a direction is "(A) the Attorney General determines a
zenship consideration a source de-
made, the Minister shall forthwith grant certifies to the President that the alien i,
citizenship to the person named in the di- serves by seeking a private bill in the person of good moral character, attached
rection. Congress. The private bill procedure, the principles of the Constitution of t
The Canadian statute provides a however, lacks sufficient security to United States and well disposed to the go
useful model for special citizenship serve as a permanent solution to the order and happiness of the United Stat
consideration based on extraordinarily problem of citizenship for key sources. and
valuable service to the Nation. The private bill procedure reveals that "(B) the President finds that the foreil
intelligence activities of the alien on behi
In the absence of a provision for spe- a source is in the United States, since of the United States have contributed st
dal consideration for U.S. citizenship the private bill must include the stantially to the security of the thutl
of America's best intelligence sources, source's name. Moreover, the private States,
they must continue to qualify for citi- bill procedure requires rather general except that in no case shall the number
zenship under the general naturalize- dissemination in the legislative branch aliens naturalized in any fiscal year pure,
tion laws. In some cases, however, the of information, much of which will be ant to this subsection exceed five.
very activity the source undertook to classified, concerning the merits of the "(2) Prior to naturalization under pay
assist U.S. intelligence may place the private bill. Most importantly, the out- graph (1) of this subsection, an alien to
source at a disadvantage in qualifying come of the private bill procedure is naturalized under such paragraph shebefore an officer of the executive bran,
for citizenship. Thus, for example, a not predictable; the press of other leg- designated for the purpose by the Presidei
source who?at the urging of U.S. in- islative business or the timing of the take the oath of renunciation of former ci
telligence?remained an active bill may result in its failure to pass for zenship and acceptance of allegiance to ti
member of the Communist Party of a reasons wholly unrelated to the merits United States required of an alien natun
foreign nation to report to U.S. intern- of the private bill. The hit-or-miss bed under other provisions of law.
gence on the party's activities, suffers nature of the private bill procedure "(3) Nothwithstanding any other law.
due to his cooperation with U.S. Intel- prevents U.S. intelligence from offer- district court of the United States, upon a
plication of the Attorney General und
ligence when he comes to the United ing the prospect of citizenship to at- this subsection, shall. In a manner consi;
. States at the end of his service. The tract key foreign sources to servicefor ent with the protection of intelligen
time spent in service to the United the United States, because U.S. intelli- sources, methods and activities, issue
States as an intelligence source does gence cannot offer citizenship unless it cause to be issued such documents relatia
not count in the source's favor in satis- is absolutely sure it mia deliver on its to an alien naturalized by the Preside
fying certain waiting periods imposed offer, and it cannot be sure with the under this subsection as are issued relath
private bill procedure. ' to an alien naturalized under other pro.
by the general naturalization laws. sions of law, and such documents relating
Having been a member of a Cornu- Existing U.S. naturalization statutes ' an alien naturalized by the President sh-
nist Party, he must wait 10 years do not take proper account of the spe- have the same legal effect as dociuner
before becoming eligible for citizen-
cial situation of the most valu?able U.S. I issued relating to an alien naturalized und
ship, since the section 313 of the Irn- foreign intelligence sources. Legisla- ' other provisions of law.
migration and Nationality Act (8 tion clearly establishing a speedy, "(4) The President may not delegate ti
secure, and reliable procedure for citi- authority granted in paragraph (1) of tt
U.S.C. 1424) requires that 10 years subsection, anything in section 301 of title
have elapsed since an individual seek- zenship for such sources would correct United States Code, to the contrary pi.
this deficiency, enabling U.S.intern-
ing citizenship has terminated mem- withstanding.
gence in
bership in a Communist Party. Thus, appropriate circumstances to
offer citizenship to key potential Intel-
gence
current U.S. law, foreign intern-
ligence sources to attract them to serv-
ice for the United States and to
substantially to US. security not only
reward those sources who have con- '
receive no special treatment in the tributed substantially to the security
citizenship process, but may even be of the United States.
actively handicapped in that process
because of their service.
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?10/A IIIC I VialaCiii. &HAL 1.IIC"..-
rerit. Select Committee on Intelligence of
the Rouse of Representatives and the Select
Committee on Intelligence of the Senate
each time the authority granted in para-
graph (1) of this subsection is exercised."
Section 702 of H.R. 1082 provides for
naturalization of an intelligence
source admitted to permanent U.S.
residence under the CIA Act if, first,
the Attorney General determines that
the source is of good character and,
second, the President finds that the
source's foreigri intelligence activities
contributed substantially to the securi-
ty of the United States. To ensure ap-
plication of the provision in the
manner intended, section 702 carefully
circumscribes the unusual authority it
confers to naturalize Individuals whose
Intelligence activities have made an
extraordinary contribution to U.S. se-
curity. Thus, the individual to be natu-
ralized must, to the satisfaction of the
Attorney General, meet the good char-
acter requirement applicable to candi-
dates for naturalization under other
laws (see 8 U.S.C. 1427(0(3)); the
President personally must evaluate
the individual's intelligence activity
and find that it constitutes a substan-
tial contribution to U.S. security: the
President personally must exercise the
naturalization authority and may do
so only with respect to not more than
five individuals per fiscal year; and the
President must notify the intelligence
committees of the Congress each time
he uses the authority.
Section 702 provides a clear and reli-
able statutory procedure for natural-
ization of individuals whose valuable
secret intelligence service for the
United States merits citizenship. The
reliability of the procedure will enable
U.S. intelligence to offer citizenship in
appropriate circumstances to key po-
tential intelligence sources. Enactment
of section 102 will enhance the ability
of the CIA to collect critically needed
foreign intelligence and will properly
reward with citizenship the Nation's
most highly valuable, deserving intelli-
gence sources.?
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