[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     INTELLIGENCE AUTHORIZATION ACT

  Mr. LEAHY. Mr. President, I commend Senator DeConcini and Congressman 
Glickman for the outstanding work they have done in connection with the 
Intelligence authorization bill and all of their duties as the 
respective chairs of the Senate and House Intelligence Committees. As 
always, they have been resourceful and diligent in crafting a bill that 
contains many authorizing and remedial measures that are needed to 
improve our Government's intelligence activities.
  Having reviewed the conference report, however, I believe that we 
will need to reexamine the provisions in section 807 of the bill 
establishing a court order process for physical searches undertaken for 
foreign intelligence purposes. We are being called upon to establish 
such procedures for the first time in order to regularize what has 
often been referred to in the past as ``black bag jobs.''
  While I support the effort to subject physical searches to legal 
standards and judicial review, I remain concerned that we have not 
created the set of rules and procedures we need to protect our own 
constitutional rights and privileges. When the Senate first considered 
this measure I noted my concern. It appears to me that the conference 
both improved and created new problems with these important provisions 
for physical searches.
  I appreciate the efforts Senator Biden and Senator DeConcini have 
made and the modifications we have worked on that are included in the 
bill to tighten the minimization requirements. These are important 
steps in the right direction. I am most encouraged by the additions to 
the procedures that allow a court to disclose some matters or to 
require summaries of key materials for aggrieved parties. But I think 
we can do better still. We must find better ways to limit secrecy to 
that necessary while providing the notice and fair opportunity for 
hearing that fundamental fairness requires for U. S. persons. We need 
to build in more accountability and better judicial and congressional 
review. We should not risk the constitutional rights that this country 
stands for and that our intelligence activities are intended to 
protect.
  I understand that Senator DeConcini noted in the course of the 
conference that the procedures established by this bill should be 
reexamined by the Judiciary Committee next year. I hope that we do that 
because this year there was no opportunity for it.
  I look forward to working with my colleagues in the days ahead to 
reexamine the procedures being established to govern physical searches 
in an effort to improve them and build upon them.

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