FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 HEARINGS BEFORE THE SUBCOMMITTEE ON INTELLIGENCE AND THE RIGHTS OF AMERICANS OF THE SELECT COMMITTEE ON INTELLIGENCE OF THE UNITED STATES SENATE NINETY-FIFTH CONGRESS SECOND SESSION ON S. 1566 FOREIGN INTELLIGENCE SURVEILLANCE ACT O1 1978 JTLY 19, 21, 1977 AND FEBRUARY 8, 24, 27, 1978 Printed for the use of the Select Committee on Intelligence U.S. GOVERNMENT PRINTING OFFICE 94-628 WASHINGTON: 1978 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 Stock Number 052-070-04477-2 SENATE SELECT COMMITTEE ON INTELLIGENCE (Established by S. Res. 400, 94th Cong., 2d sess.) DANIEL K. INOUYE, Hawaii, Chairman BARRY GOLDWATER, Arizona, Vice Chairman BIRCH BAYE, Indiana CLIFFORD P. CASE, New Jersey ADLAI E. STEVENSON, Illinois JA GMEN, Utah WILLIAM D. HATHAWAY, Maine CHARLES McC. MATHIAS, Sn., Maryland WALTER D. HUDDLESTON, Kentucky JAMES B. PEARSON, Kansas JOSEPH R. BIDEN, J., Delaware JOHN H. CHAFES, Rhode Island ROBERT MORGAN, North Carolina RICHARD G. LUGAR, Indiana GARY HART, Colorado MALCOLM WALLOP, Wyoming DANIEL PATRICK MOYNIHAN, New York ROBERT C. BYRD, West Virginia, Ew Officio Member HOWARD H. BAKER, JR., Tennessee, Ex Officio Member WILLIAM 0. MILLER, Staff Director EARL D.EIsHNHOWER, Minority Staff Director AUDREY H. HATCR, Chief Clerk SUBCOsMITTE ON INTELLIGENCE AND THE ]RIGHTS OF AMERICANS BIRCH BAYH, Indiana, Chiran SAKE GARN, Utah, Vice Chairman ROBERT MORGAN, North Carolina CLIFFORD P. CASE, New Jersey DANIEL PATRICK MOYNIHAN, New York JOHN H. CHAFEE, Rhode Island CONTENTS HEARING DAYS Page Tuesday, July 19, 1977 1----. Thursday, July 21, 1977---------------------------------------------- 45 Wednesday, February 8, 1978 ----------------------------------------- 87 Friday, February 24, 1978 ------------------------------------------- 185 Monday, February 27, 1978 ------------------------------------------- 11 LIST OF WITNESSES TUESDAY, JULY 19, 1977 Testimony of Griffin B. Bell, Attorney General of the United States; accompanied by John M. Harmon, Assistant Attorney General,- Office of Legal Counsel; Frederick D. Baron, Special Assistant to the Attorney General; and William Funk, Office of Legal Counsel ----------------- 11 - .THURSDAY, JULY 21, 1977 Testimony of Adm. Stansfield Turner. Director of Central Intelligence: accompanied by Anthony Lapham, General Counsel: Adm. Donald M. Showers, Special Assistant, Intelligence Community Staff, and George L. .Gary, Legislative Counsel ------------------------------------------- 46 Testimony of Ms. Deanne C. Siemer, General Counsel, Department of De- fense; accompanied by Adim. Bob Ininan, Director, National Security Agency;- and Rowland Morrow, Director, Counter-Intelligence, Depart- ment of Defense - --- ----- 58 Testimony of Harold Saunders, Director of Intelligence and Research, Department of State ---------------------------------------------- 04 Testimony of Herbert J. Hansell, Legal Adviser, Department of State ---- (5 WEDNESDAY, FEBRUARY 8, 1978 Testimony of John Shattuck, director, Washington office, American Civil Liberties Union; Jerry J. Berman, legislative counsel, American Civil Liberties Union; and Morton Halperin, Center for National Security Studies ---------------------------------------------------------- 110 Testimony of Steven B. Rosenfeld on behalf of the Committee on Federal Legislation, the Association of the Bar of the City of New York-------- 132 Testimony of Mr. David L. Watters, Washington Representative, Ameri- can Privacy Foundation ------------------------------------------- 178 APPENDIXES Appendix A. Letter from Attorney General, Griffin B. Bell, to Senator Robert Morgan, Sept. 21, 1977--------------------------------------- 231. Appendix B. Letter from Attorney General, Griffin B. Bell, to Senator Birch Bayh. Feb. 28, 1978------------------------------------------ 232 Appendix C. Fordham Law Review -- -- -- -- -- 238 Appendix D. Excessive use of intrusive techniques (findings, Church committee, final report, book II) ------------------------------------ 261 Appendix E. Political abuse of intelligence information, (findings, Church committee final report, book II) ------------------------------------- 288 IV MATERIAL FOR THE RECORD Prepared statement of Senator Joseph R. Biden, Jr., and additional views Page on S. 3197 ---------------------------------------------------- 6 Prepared statement of Hon. Griffin B. Bell, Attorney General; before the Senate Judiciary Committee, Subcommittee on Criminal Laws and Pro- cedures --------------------------------------------------- 12 Letter from Griffin B. Bell, Attorney General, to Senator Robert Morgan, Sept. 2, 1977 ------------------------------------------------ 27 Prepared Statement of Adm. Stanfield Turner, Director of Central Intel- ligence on S. 1566 -------------------------------------------- 46 Statement of Adm. Stanfield Turner, Director of Central Intelligence at hearings before the Subcommittee on Criminal Laws and Procedures of the Judiciary Committee, on Foreign Intelligence Surveillance Act of 1977 ------ 47 Prepared statement of Harold Brown, Secretary of Defense -------------- 58 Prepared statement of Deanne C. Siemer, General Counsel, Depart- ment of Defense --------------------------------------------- - 61 Preparted statement of Harold Saunders, Director of Intelligence and Research, Department of State ---------------------------------- 65 Prepared statement of Herbert J. Hansell, legal advisor, Department of State ---------------------------------------------------------- 66 Prepared statement of Prof. Christopher H. Pyle, Mount Holyoke College-. 87 Prepared statement of Walter D. Huddleston, U.S. Senator from the State of Kentucky ------------------------------------------- 109 Prepared statement of John H. F. Shattuck, director, Washington office' and Jerry J. Berman, legislative counsel, American Civil Liberties Union ----------------------------------------------------- 110 Prepared statement of Steven B. Rosenfeld on behalf of the Committee on Federal Legislation, the Association of the Bar of the City of New York- 132 Letter to Senator Daniel Inouye from George M. Hasen, chairman, Commit- mittee on Civil Rights, Jan. 24, 1978 ------ ------------ Prepared statement of David L. Watters, Washington representative, American Privacy Foundation ---------------------------------- 148 Markup hearings on S. 1566-Foreign Intelligence Surveillance Act of 1978 --------------------------------------------------------- 185 S. 1566 FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 TUESDAY, JULY 19, 1977 U.S. SENATE, SOn-COMMITTEE ON IN'TELLIGENCE AN) THE RICHTS OF AMERICANS 01 rmi: SELEiCT COMMITITEE ON INTELLIGENCE. W4ashington, D.C. The subcommittee met, pursuant to notice, at 10:01 a.m., in room 6226, Dirksen Senate Office Building, Senator Birch Bayh (chairman of the subcommittee) presiding. Present: Senators Bavh (presiding), Inouyc, Hathaway, Hud- dleston. Morgan, Hart, Garn, and Chafee. Also present: William G. Miller, staff director; Audrey Hatry, chief clerk of the committee. Senator BAYI. We will convene our hearings. Our full comimittee chairman is en route, and pending his arrival, perhaps I would ask the Attorney General's indulgence for a brief opening statement to try to put the foundation on what we are doing and why we are here, and I will ask my colleague from North Carolina and other colleagues if they care to also have any opening comments. The Subcommittee on Intelligence and the Rights of Americans of the Senate Select Committee on Intelligence is today beginning hear- ings on S. 1566, the Foreign Intelligence Surveillance Act of 1978. Our first witness is the distinguished Attorney General Griffin Bell, and Mr. Attorney General, as busy as you are, we appreciate that, you and your top staff people would take time to be with us here. I know from the discussions we have had, really from our first meeting, of your intense interest inl resolving this problem, and I think what you have done while Attorney General means that the words you spoke during your confirmation hearings were words of substance and not words of rhetoric. Those of us who knew you had no doubt, and hopefully some of the doubting Thomases have had their doubts removed. The hearings will continue on Thursday, July 21, when we will hear from the Director of Central Intelligence and representatives of the Departments of State and Defense. An additional hearing is scheduled for Monday, August 1,* to receive testimony from outside witnesses and representatives of interested groups. All the members of the full committee have been invited to participate in these hearings. *Tlhis hearing was cancelled and took place Wednesday, February 8, 1978. Because some aspects of foreign intelligence surveillance will re- quire the discussion of classified information, the subcommittee in- tends to take further testimony from administration witnesses in executive session. These will include representatives of the Depart- ment of State, Department of Defense, Justice Department, the FBI, the CIA, and the National Security Agency. The subcommittee is taking up the bill before the Judiciary Com- mittee has reported it because of the importance of completing our hearings by the August recess. I will say to my colleagues of the com- mittee I have discussed this with the chairman of the Judiciary Com- mittee and both of the ranking members of the subcommittee that is considering this, and they are glad that we are moving as rapidly as