(1) a foreign government or any component thereof, whether or not recognized by the United States;(2) a faction of a foreign nation or nations, not substantially composed of United States persons;(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;(4) a group engaged in international terrorism or activities in preparation therefor;(5) a foreign-based political organization, not substantially composed of United States persons; or(6) an entity that is directed and controlled by a foreign government or governments.
(1) any person other than a United States person, who—(2) any person who—(A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4) of this section;(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances of such person’s presence in the United States indicate that such person may engage in such activities in the United States, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities; or(A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the criminal statutes of the United States;(B) pursuant to the direction of an intelligence service or network of a foreign power, knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power, which activities involve or are about to involve a violation of the criminal statutes of the United States;(C) knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power;(D) knowingly enters the United States under a false or fraudulent identity for or on behalf of a foreign power or, while in the United States, knowingly assumes a false or fraudulent identity for or on behalf of a foreign power; or(E) knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C).
(1) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or any State;(2) appear to be intended—(3) occur totally outside the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum.(A) to intimidate or coerce a civilian population;(B) to influence the policy of a government by intimidation or coercion; or(C) to affect the conduct of a government by assassination or kidnapping; and
(1) information that relates to, and if concerning a United States person is necessary to, the ability of the United States to protect against—
(2) information with respect to a foreign power or foreign territory that relates to, and if concerning a United States person is necessary to—(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;(B) sabotage or international terrorism by a foreign power or an agent of a foreign power; or(C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or(A) the national defense or the security of the United States; or(B) the conduct of the foreign affairs of the United States.
(1) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire or radio communication sent by or intended to be received by a particular, known United States person who is in the United States, if the contents are acquired by intentionally targeting that United States person, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes;(2) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire communication to or from a person in the United States, without the consent of any party thereto, if such acquisition occurs in the United States, but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511 (2)(i) of title 18;(3) the intentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States; or(4) the installation or use of an electronic, mechanical, or other surveillance device in the United States for monitoring to acquire information, other than from a wire or radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes.
(1) specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purpose and technique of the particular surveillance, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;(2) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in subsection (e)(1) of this section, shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance;(3) notwithstanding paragraphs (1) and (2), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes; and(4) notwithstanding paragraphs (1), (2), and (3), with respect to any electronic surveillance approved pursuant to section 1802 (a) of this title, procedures that require that no contents of any communication to which a United States person is a party shall be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under section 1805 of this title is obtained or unless the Attorney General determines that the information indicates a threat of death or serious bodily harm to any person.
(1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that—(A) the electronic surveillance is solely directed at—(i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801 (a)(1), (2), or (3) of this title; or(ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801 (a)(1), (2), or (3) of this title;(B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and(C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801 (h) of this title; andif the Attorney General reports such minimization procedures and any changes thereto to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date, unless the Attorney General determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.(2) An electronic surveillance authorized by this subsection may be conducted only in accordance with the Attorney General’s certification and the minimization procedures adopted by him. The Attorney General shall assess compliance with such procedures and shall report such assessments to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence under the provisions of section 1808 (a) of this title.(3) The Attorney General shall immediately transmit under seal to the court established under section 1803 (a) of this title a copy of his certification. Such certification shall be maintained under security measures established by the Chief Justice with the concurrence of the Attorney General, in consultation with the Director of Central Intelligence, and shall remain sealed unless—(4) With respect to electronic surveillance authorized by this subsection, the Attorney General may direct a specified communication common carrier to—(A) an application for a court order with respect to the surveillance is made under sections 1801 (h)(4) and 1804 of this title; or(B) the certification is necessary to determine the legality of the surveillance under section 1806 (f) of this title.(A) furnish all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier is providing its customers; and(B) maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any records concerning the surveillance or the aid furnished which such carrier wishes to retain.The Government shall compensate, at the prevailing rate, such carrier for furnishing such aid.
(1) the identity of the Federal officer making the application;(2) the authority conferred on the Attorney General by the President of the United States and the approval of the Attorney General to make the application;(3) the identity, if known, or a description of the target of the electronic surveillance;(4) a statement of the facts and circumstances relied upon by the applicant to justify his belief that—(A) the target of the electronic surveillance is a foreign power or an agent of a foreign power; and(B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;
(A) that the certifying official deems the information sought to be foreign intelligence information;(B) that a significant purpose of the surveillance is to obtain foreign intelligence information;(C) that such information cannot reasonably be obtained by normal investigative techniques;(D) that designates the type of foreign intelligence information being sought according to the categories described in section 1801 (e) of this title; and(E) including a statement of the basis for the certification that—(i) the information sought is the type of foreign intelligence information designated; and(ii) such information cannot reasonably be obtained by normal investigative techniques;
(A) Upon written request of the Director of the Federal Bureau of Investigation, the Secretary of Defense, the Secretary of State, or the Director of Central Intelligence, the Attorney General shall personally review under subsection (a) of this section an application under that subsection for a target described in section 1801 (b)(2) of this title.(B) Except when disabled or otherwise unavailable to make a request referred to in subparagraph (A), an official referred to in that subparagraph may not delegate the authority to make a request referred to in that subparagraph.(C) Each official referred to in subparagraph (A) with authority to make a request under that subparagraph shall take appropriate actions in advance to ensure that delegation of such authority is clearly established in the event such official is disabled or otherwise unavailable to make such request.
(A) If as a result of a request under paragraph (1) the Attorney General determines not to approve an application under the second sentence of subsection (a) of this section for purposes of making the application under this section, the Attorney General shall provide written notice of the determination to the official making the request for the review of the application under that paragraph. Except when disabled or otherwise unavailable to make a determination under the preceding sentence, the Attorney General may not delegate the responsibility to make a determination under that sentence. The Attorney General shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event the Attorney General is disabled or otherwise unavailable to make such determination.(B) Notice with respect to an application under subparagraph (A) shall set forth the modifications, if any, of the application that are necessary in order for the Attorney General to approve the application under the second sentence of subsection (a) of this section for purposes of making the application under this section.(C) Upon review of any modifications of an application set forth under subparagraph (B), the official notified of the modifications under this paragraph shall modify the application if such official determines that such modification is warranted. Such official shall supervise the making of any modification under this subparagraph. Except when disabled or otherwise unavailable to supervise the making of any modification under the preceding sentence, such official may not delegate the responsibility to supervise the making of any modification under that preceding sentence. Each such official shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event such official is disabled or otherwise unavailable to supervise the making of such modification.
(1) the President has authorized the Attorney General to approve applications for electronic surveillance for foreign intelligence information;(2) the application has been made by a Federal officer and approved by the Attorney General;(3) on the basis of the facts submitted by the applicant there is probable cause to believe that—(A) the target of the electronic surveillance is a foreign power or an agent of a foreign power: Provided, That no United States person may be considered a foreign power or an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and(B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;(4) the proposed minimization procedures meet the definition of minimization procedures under section 1804 (h) of this title; and(5) the application which has been filed contains all statements and certifications required by section 1804 of this title and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 1804 (a)(7)(E) of this title and any other information furnished under section 1804 (d) of this title.
(1) specify—(2) direct—(A) the identity, if known, or a description of the target of the electronic surveillance;(B) the nature and location of each of the facilities or places at which the electronic surveillance will be directed, if known;(C) the type of information sought to be acquired and the type of communications or activities to be subjected to the surveillance;(D) the means by which the electronic surveillance will be effected and whether physical entry will be used to effect the surveillance;(E) the period of time during which the electronic surveillance is approved; and(F) whenever more than one electronic, mechanical, or other surveillance device is to be used under the order, the authorized coverage of the devices involved and what minimization procedures shall apply to information subject to acquisition by each device; and(A) that the minimization procedures be followed;(B) that, upon the request of the applicant, a specified communication or other common carrier, landlord, custodian, or other specified person, or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons, furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance;(C) that such carrier, landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any records concerning the surveillance or the aid furnished that such person wishes to retain; and(D) that the applicant compensate, at the prevailing rate, such carrier, landlord, custodian, or other person for furnishing such aid.
(1) An order issued under this section may approve an electronic surveillance for the period necessary to achieve its purpose, or for ninety days, whichever is less, except that(A) an order under this section shall approve an electronic surveillance targeted against a foreign power, as defined in section 1801 (a)(1), (2), or (3) of this title, for the period specified in the application or for one year, whichever is less, and(B) an order under this chapter for a surveillance targeted against an agent of a foreign power, as defined in section 1801 (b)(1)(A) of this title may be for the period specified in the application or for 120 days, whichever is less.(2) Extensions of an order issued under this subchapter may be granted on the same basis as an original order upon an application for an extension and new findings made in the same manner as required for an original order, except that(3) At or before the end of the period of time for which electronic surveillance is approved by an order or an extension, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.(A) an extension of an order under this chapter for a surveillance targeted against a foreign power, as defined in section 1801 (a)(5) or (6) of this title, or against a foreign power as defined in section 1801 (a)(4) of this title that is not a United States person, may be for a period not to exceed one year if the judge finds probable cause to believe that no communication of any individual United States person will be acquired during the period, and(B) an extension of an order under this chapter for a surveillance targeted against an agent of a foreign power as defined in section 1801 (b)(1)(A) of this title may be for a period not to exceed 1 year.
(1) an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; and(2) the factual basis for issuance of an order under this subchapter to approve such surveillance exists;he may authorize the emergency employment of electronic surveillance if a judge having jurisdiction under section 1803 of this title is informed by the Attorney General or his designee at the time of such authorization that the decision has been made to employ emergency electronic surveillance and if an application in accordance with this subchapter is made to that judge as soon as practicable, but not more than 72 hours after the Attorney General authorizes such surveillance. If the Attorney General authorizes such emergency employment of electronic surveillance, he shall require that the minimization procedures required by this subchapter for the issuance of a judicial order be followed. In the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 72 hours from the time of authorization by the Attorney General, whichever is earliest. In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. A denial of the application made under this subsection may be reviewed as provided in section 1803 of this title.
(1) test the capability of electronic equipment, if—(A) it is not reasonable to obtain the consent of the persons incidentally subjected to the surveillance;(B) the test is limited in extent and duration to that necessary to determine the capability of the equipment;(C) the contents of any communication acquired are retained and used only for the purpose of determining the capability of the equipment, are disclosed only to test personnel, and are destroyed before or immediately upon completion of the test; and:(D) Provided, That the test may exceed ninety days only with the prior approval of the Attorney General;(2) determine the existence and capability of electronic surveillance equipment being used by persons not authorized to conduct electronic surveillance, if—(3) train intelligence personnel in the use of electronic surveillance equipment, if—(A) it is not reasonable to obtain the consent of persons incidentally subjected to the surveillance;(B) such electronic surveillance is limited in extent and duration to that necessary to determine the existence and capability of such equipment; and(A) it is not reasonable to—(i) obtain the consent of the persons incidentally subjected to the surveillance;(ii) train persons in the course of surveillances otherwise authorized by this subchapter; or(iii) train persons in the use of such equipment without engaging in electronic surveillance;(B) such electronic surveillance is limited in extent and duration to that necessary to train the personnel in the use of the equipment; and(C) no contents of any communication acquired are retained or disseminated for any purpose, but are destroyed as soon as reasonably possible.
(1) the information was unlawfully acquired; or(2) the surveillance was not made in conformity with an order of authorization or approval.Such a motion shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the person was not aware of the grounds of the motion.
(1) the fact of the application;(2) the period of the surveillance; and(3) the fact that during the period information was or was not obtained.On an ex parte showing of good cause to the judge the serving of the notice required by this subsection may be postponed or suspended for a period not to exceed ninety days. Thereafter, on a further ex parte showing of good cause, the court shall forego ordering the serving of the notice required under this subsection.
(1) Federal officers who conduct electronic surveillance to acquire foreign intelligence information under this subchapter may consult with Federal law enforcement officers or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision) to coordinate efforts to investigate or protect against—(2) Coordination authorized under paragraph (1) shall not preclude the certification required by section 1804 (a)(7)(B) of this title or the entry of an order under section 1805 of this title.(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;(B) sabotage or international terrorism by a foreign power or an agent of a foreign power; or(C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power.
(a) the total number of applications made for orders and extensions of orders approving electronic surveillance under this subchapter; and(b) the total number of such orders and extensions either granted, modified, or denied.
(b) On or before one year after October 25, 1978, and on the same day each year for four years thereafter, the Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence shall report respectively to the House of Representatives and the Senate, concerning the implementation of this chapter. Said reports shall include but not be limited to an analysis and recommendations concerning whether this chapter should be(1) On a semiannual basis the Attorney General shall fully inform the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence concerning all electronic surveillance under this subchapter. Nothing in this subchapter shall be deemed to limit the authority and responsibility of the appropriate committees of each House of Congress to obtain such information as they may need to carry out their respective functions and duties.(2) Each report under the first sentence of paragraph (1) shall include a description of—(A) each criminal case in which information acquired under this chapter has been passed for law enforcement purposes during the period covered by such report; and(B) each criminal case in which information acquired under this chapter has been authorized for use at trial during such reporting period.
(1) amended,(2) repealed, or(3) permitted to continue in effect without amendment.
(1) engages in electronic surveillance under color of law except as authorized by statute; or(2) discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by statute.