An Act to authorize electronic surveillance to obtain foreign intelligence information.
PL 95-511 (S.1566), enacted 10/25/1978

PUBLIC LAW 95-511—OCT. 25, 1978 
92 STAT. 1783 
Public Law 95-511 
95th Congress 
An Act 
To authorize electronic surveillance to obtain foreign intelligence information. 
Oct. 25, 1978 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled, That this Act may 
be cited as the "Foreign Intelligence Surveillance Act of 1978". 
TABLE OF CONTENTS 
TITLE I—ELECTRONIC SURVEILLANCE WITHIN THE UNITED STATES 
FOR FOREIGN INTELLIGENCE PURPOSES 
Sec. 101. Definitions. 
Sec. 102. Authorization for electronic surveillance for foreign 
intelligence 
purposes. 
Sec. 103. Designation of judges. 
Sec. 104. Application for an order. 
Sec. 105. Issuance of an order. 
Sec. 106. Use of inforuiatiou. 
Sec. 107. Report of electronic surveillance. 
Sec. 108. Congressional oversight. 
Sec. 109. Penalties. 
Sec. 110. Civil liability. 
Sec. 111. Authorization during time of war. 
TITLE II—CONFORMING AMENDMENTS 
Sec. 201. Amendments to chapter 119 of title 18, United States Code. 
TITLE III—EFFECTIVE DATE 
Sec. 301. Effective date. 
TITLE I—ELECTRONIC SURVEILLANCE WITHIN THE 
UNITED 
STATES 
FOR 
FOREIGN 
INTELLIGENCE 
PURPOSES 
DEFINITIONS 
SEC. 101. As used in this title: 
(a) "Foreign power" means— 
(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 substan-
tially composed of United States persons; 
(3) an entity that is openly acknowledged by a foreign 
government or governments to be directed and controlled by 
^uch foreign govemment^rgovermnent&; 
(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. 
(b) "Agent of a foreign power" means— 
(1) any person other than a United States 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); 
[S. 1566] 
Foreign 
Intelligence 
Surveillance Act 
of 1978. 
50 u s e 1801 
note. 
50 u s e 1801. 
92 STAT. 1784 
PUBLIC LAW 95-511—OCT. 25, 1978 
(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 
(2) any person who— 
(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 
- •, 4. , 
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; or 
(D) 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). 
(c) "International terrorism" means activities that^— 
(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 com-
mitted within the jurisdiction of the United States or any 
State; 
(2) appear to be intended— 
(A) to intimidate or coerce a civilian population; 
(B) to influence the policy of a government by intimi-
dation or coercion; or 
:r .„ 
(C) to affect the conduct of a government by assassina-
tion or kidnapping; and 
(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. 
(d) "Sabotage" means activities that involve a violation of 
18 use 2151 et 
chapter 105 of title 18, United States Code, or that would involve 
*«?• 
such a violation if committed against the United States. 
(e) "Foreign intelligence information" means— 
,
; 
(1) information that relates to, and if concerning a United 
States person is necessary to, the ability of the United States 
to protect against^— 
(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 
PUBLIC LAW 95-511—OCT. 25, 1978 
92 STAT. 1785 
(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) the national defense or the security of the United 
States; or 
(B) the conduct of the foreign affairs of the United 
States. 
(f) "Electronic surveillance" means— 
(1) the acquisition by an electronic, mechanical, or other 
surveillance device of the contents of any wire or radio com-
munication 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 communica-
tion to or from a person in the United States, without the 
consent of any party thereto, if such acquisition occurs in the 
United States; 
(3) the intentional acquisition by an electronic, mechanical, 
or other surveillance device of the contents of any radio com-
munication, 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 I"'^nited States for monitor-
ing 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. 
(g) "Attorney General" means the Attorney General of the 
I'^nited States (or Acting Attorney General) or the Deputy 
Attorney General. 
(h) "Minimization procedures", with respect to electronic sur-
veillance, means— 
(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 mini-
mize the acquisition and retention, and prohibit the dissemi-
nation, of nonpublicly available information concerning 
unconsenting United States persons consistent with the need 
of the United States to obtain, produce, and disseminate for-
eign intelligence information; 
(2) procedures that require that nonpublicly available 
information, which is not foreign intelligence information, 
as defined in subsection (e) (1), shall not bo disseminated in 
a manner that identifies any United States person, without 
such person's consent, unless such person's identity is neces-
sary to imderstand 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 
92 STAT. 1786 
PUBLIC LAW 95-511—OCT. 25, 1978 
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 102(a), procedures that require that no contents of 
i 
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 twenty-four hours unless a court 
order under section 105 is obtained or unless the Attorney 
General determines that the information indicates a threat of 
death or serious bodily harm to any person, 
(i) "United States person" means a citizen of the United States, 
an alien lawfully admitted for permanent residence (as defined in 
8 use 1101. 
section 101(a) (20) of the Immigration and Nationality Act), an 
unincorporated association a substantial number of members of 
which are citizens of the United States or aliens lawfully admitted 
for permanent residence, or a corporation which is incorpo-
rated in the United States, but does not include a corporation 
or an association which is a foreign power, as defined in subsection 
' 
(a) (l),(2),or(3). 
(j) "United States", when used in a geographic sense, means 
all areas under the territorial sovereignty of the United States 
and the Trust Territory of the Pacific Islands. 
(k) "Aggrieved person" means a person who is the target of an 
electronic surveillance or any other person whose communications 
or activities were subject to electronic surveillance. 
(1) "Wire communication" means any communication while it 
is being carried by a wire, cable, or other like connection furnished 
or operated by any person engaged as a common carrier in pro-
viding or operating such facilities for the transmission of inter-
state or foreign communications. 
(m) "Person" means any individual, including any officer or 
employee of the Federal Government, or any group, entity, asso-
ciation, corporation, or foreign power. 
(n) "Contents", when used with respect to a communication, 
, 
• 
includes any information concerning the identity of the parties to 
such communication or the existence, substance, purport, or mean-
ing of that communication. 
X 
(o) "State" means any State of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, the Trust Ter-
ritory of the Pacific Islands, and any territory or possession of the 
United States. 
AUTHORIZATION FOR ELECTRONIC SURVEILLANCE FOR FOREIGN 
INTELLIGENCE PURPOSES 
50 use 1802. 
SEC. 102. (a) (1) Notwithstanding any other law, the President, 
through the Attorney General, may authorize electronic surveillance 
without a court order under this title 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 trans-
mitted by means of communications used exclusively between 
or among foreign powers, as defined in section 101(a) (1), 
(2),or(3);or 
PUBLIC LAW 95-511—OCT. 25, 1978 
92 STAT. 1787 
(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 101(a) (1), (2), or (3) ; 
(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 101(h); and 
if the Attorney General reports such minimization procedures and any 
changes thereto to the House Permanent Select Committee on Intel-
ligence and the Senate Select Committee on Intelligence at least thirty 
days prior to their effective date, unless the Attorney General deter-
mines immediate action is required and notifies the committees imme-
diately 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 certifica-
tion 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 Intel-
ligence and the Senate Select Committee on Intelligence under the 
provisions of section 108 (a). 
(3) The Attorney General shall immediately transmit under seal to 
the court established under section 103(a) a copy of his certification. 
Such certification shall be maintained under security measures estab-
lished by the Chief Justice with the concurrence of the Attorney 
General, in consultation with the Director of Central Intelligence, 
and shall remain sealed unless— 
(A) an application for a court order with respect to the sur-
veillance is made under sections 101(h) (4) and 104; or 
(B) the certification is necessary to determine the legality of 
the surveillance under section 106(f). 
(4) With respect to electronic surveillance authorized by this sub-
section, the Attorney General may direct a specified communication 
common carrier to— 
(A) furnish all information, facilities, or technical assistance 
necessary to accomplish the electronic surveillance in such a man-
ner as will protect its secrecy and produce a minimum of inter-
ference with the services that such carrier is providing its 
customers; and 
(B) maintain under security procedures approved by the Attor-
ney General and the Director of Central Intelligence any records 
concerning the surveillance or the aid furnished which such car-
rier wishes to retain. 
The Government shall compensate, at the prevailing rate, such carrier 
for furnishing such aid. 
(b) Applications for a court order under this title are authorized 
if the President has, by written authorization, empowered the Attor-
my General to approve applications to the court having jurisdiction 
under section 103, and a judge to whom an application is made may, 
notwithstanding any other law, grant an order, in conformity with 
section 105, approving electronic surveillance of a foreign power or 
an agent of a foreign power for the purpose of obtaining foreign 
intelligence information, except that the court shall not have jurisdic-
Report to 
congressional 
committees. 
Report to 
congressional 
committees. 
Communication 
common carrier, 
duties. 
Compensation. 
Applications 
approval. 
92 STAT. 1788 
PUBLIC LAW 95-511—OCT. 25, 1978 
Court to hear 
applications and 
grant orders. 
50 use 1803. 
Court of review. 
Record of 
proceedings. 
Tenure. 
tion to grant any order approving electronic surveillance directed 
solely as described in paragraph (1) (A) of subsection (a) unless such 
surveillance may involve the acquisition of communications of any 
United States person. 
DESIGNATION OF JUDGES 
SEC, 103. (a) The Chief Justice of the United States shall publicly 
designate seven district court judges from seven of the United States 
judicial circuits who shall constitute a court which shall have juris-
diction to hear applications for and grant orders approving electronic 
surveillance anywhere within the United States under the procedures 
set forth in this Act, except that no judge designated under this sub-
section shall hear the same application for electronic surveillance 
under this Act which has been denied previously by another judge des-
ignated under this subsection. If any judge so designated denies an 
application for an order authorizing electronic surveillance under this 
Act, such judge shall provide immediately for the record a written 
statement of each reason for his decision and, on motion of the United 
States, the record shall be transmitted, under seal, to the court of 
review established in subsection (b). 
(b) The Chief Justice shall publicly designate three judges, one of 
whom shall be publicly designated as the presiding judge, from the 
United States district courts or courts of appeals who together shall 
comprise a court of review which shall have jurisdiction to review the 
denial of any application made under this Act. If such court deter-
mines that the application was properly den'ed, the court shall imme-
diately provide for the record a written statement of each reason for 
its decision and, on petition of the United States for a writ of certio-
rari, the record shall be transmitted under seal to the Supreme Court, 
which shall have jurisdiction to review such decision. 
(c) Proceedings under this Act shall be conducted as expeditiously 
as possible. The record of proceedings under this Act, including appli-
cations made and orders granted, shall be maintained under security 
measures established by the Chief Justice in consultation with the 
Attorney General and the Director of Central Intelligence. 
(d) Each judge designated under this section shall so serve for a 
maximum of seven years and shall not be eligible for redesignation, 
except that the judges first designated under subsection (a) shall be 
designated for terms of froin one to seven years so that one term expires 
each year, and that judges first designated under subsection (b) shall 
be designated for terms of three, five, and seven years. 
APPLICATION FOR AN ORDER 
50 use 1804. 
SEC. 104. (a) Each application for an order approving electronic 
surveillance under this title shall be made by a Federal officer in writ-
ing upon oath or affirmation to a judge having jurisdiction under sec-
Approval of 
tion 103. Each application shall require the approval of the Attorney 
Attorney 
General based upon his finding that it satisfies the criteria and require-
General. 
ments of such application as set forth in this title. It shall include— 
(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; 
PUBLIC LAW 95-511—OCT. 25, 1978 
92 STAT. 1789 
(4) a statement of the facts and circumstances relied upon by 
theapplicanttojustify 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; 
(5) a statement of the proposed minimization procedures; 
(6) a detailed description of the nature of the information 
sought and the type of communications or activities to be subjected 
to the surveillance; 
(7) a certification or certifications by the Assistant to the Presi-
dent for National Security Affairs or an executive branch official 
or officials designated by the President from among those executive 
officers employed in the area of national security or defense and 
appointed by the President with the advice and consent of the 
Senate—• 
(A) that the certifying official deems the information 
sought to be foreign intelligence information; 
(B) that the 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 101 (e); 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; 
(8) a statement of the means by which the surveillance will be 
effected and a statement whether physical entry is required to 
effect the surveillance: 
(9) a statement of the facts concerning all previous applications 
that have been made to any judge under this title involving any 
of the persons, facilities, or places specified in the application, 
and the action taken on each previous application; 
(10) a statement of the period of time for which the electronic 
surveillance is required to be maintained, and if the nature of the 
intelligence gathering is such that the approval of the use of 
electronic surveillance under this title should not automatically 
terminate when the described type of information has first been 
obtained, a description of facts supporting the belief that 
additional information of the same type will be obtained 
thereafter; and 
(11) whenever more than one electronic, mechanical or other 
surveillance device is to be used with respect to a particular 
proposed electronic surveillance, the coverage of the devices 
involved and what minimization procedures apply to information 
acquired by each device. 
(b) Whenever the target of the electronic surveillance is a foreign Foreign power, 
power, as defined in section 101(a) (1), (2), or (3), and each of the information 
facilities or places at which the surveillance is directed is owned, exclusion, 
leased, or exclusively used by that foreign power, the application need 
not contain the information required by paragraphs (6), (7) (E), (8), 
92 STAT. 1790 
PUBLIC LAW 95-511—OCT. 25, 1978 
and (11) of subsection (a), but shall state whether physical entry is 
required to effect the surveillance and shall contain such information 
about the surveillance techniques and communications or other 
information concerning United States persons likely to be obtained as 
may be necessary to assess the proposed minimization procedures. 
(c) The Attorney General may require any other affidavit or 
certification from any other officer in connection with the application. 
(d) The judge may require the applicant to furnish such other 
information as may be necessary to make the determinations required 
by section 105. 
ISSUANCE o r AN ORDER 
50 use 1805. 
SEC. 105. (a) Upon an application made pursuant to section 104, 
the judge shall enter an ex parte order as requested or as modified 
approving the electronic surveillance if he finds that— 
(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 101(h); and 
(5) the application which has been filed contains all statements 
and certifications required by section 104 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 
104(a) (7) (E) and any other information furnished under section 
104(d). 
(b) An order approving an electronic surveillance under this section 
shall— 
(1) specify— 
(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; 
' 
(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 surveil-
lance 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 minimi-
PUBLIC LAW 95-511—OCT. 25, 1978 
92 STAT. 1791 
zation procedures shall apply to information subject to 
acquisition by each device; and 
(2) direct— 
• 
(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 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 interfer-
ence 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 furnish-
ing such aid. 
(c) Whenever the target of the electronic surveillance is a foreign 
power, as defined in section 101(a) (1), (2), or (3), and each of the 
facilities or places at which the surveillance is directed is owned, 
leased, or exclusively used by that foreign power, the order need not 
contain the information required by subparagraphs (C), (D), and (F) 
of subsection (b)(1), but shall generally describe the information 
sought, the communications or activities to be subjected to the surveil-
lance, and the type of electronic surveillance involved, including 
whether physical entry is required, 
(d) (1) An order issued under this section may approve an electronic Approval 
surveillance for the period necessary to achieve its purpose, or for 
ninety days, whichever is less, except that an order under this section 
shall approve an electronic surveillance targeted against a for-
eign power, as defined in section 101(a) (1), (2), or (3), for the 
period specified in the application or for one year, whichever is less. 
(2) Extensions of an order issued under this title may be granted 
on the same basis as an original order upon an application for an exten-
sion and new findings made in the same manner as required for an 
original order, except that an extension of an order under this Act for 
a surveillance targeted against a foreign power, as defined in section 
101(a) (5) or (6), or against a foreign power as defined in section 
101(a) (4) 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. 
(3) At or before the end of the period of time for which electronic 
surveillairce is appi\>ved 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. 
(e) Notwithstanding any other provision of this title, when the 
Attorney General reasonably determines that— 
(1) an emergency situation exists with respect to the employ-
ment of electronic surveillance to obtain foreign intelligence 
information before an order authorizing such surveillance can with 
due diligence be obtained; and 
Extensions of an 
order. 
Review of 
circumstances of 
order or 
extension. 
92 STAT. 1792 
PUBLIC LAW 95-511—OCT. 25, 1978 
(2) the factual basis for issuance of an order under this title to 
approve such surveillance exists; 
Emergency order, he may authorize the emergency employment of electronic surveillance 
if a judge having jurisdiction under section 103 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 title is made to that 
judge as soon as practicable, but not more than twenty-four hours after 
the Attorney General authorizes such surveillance. If the Attorney 
General authorizes such emergency employment of electronic surveil-
/ 
lance, he shall require that the minimization procedures required by 
this title for the issuance of a judicial order be followed. In the absence 
of a judicial order approving such electronic surveillance, the surveil-
lance shall terminate when the information sought is obtained, when 
the application for the order is denied, or after the expiration of 
twenty-four hours from the time of authorization by the Attorney 
Denial of 
General, whichever is earliest. In the event that such application for 
application. 
approval is denied, or in any other case where the electronic surveil-
lance 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, hear-
ing, or other proceeding in or before any court, grand jury, depart-
ment, 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 
Review. 
person. A denial of the application made under this subsection may be 
reviewed as provided in section 103. 
Testing of 
(f) Notwithstanding any other provision of this title, officers, 
electronic 
employees, or agents of the United States are authorized in the normal 
equipment. 
course of their official duties to conduct electronic surveillance not 
targeted against the communications of any particular person or 
persons, under procedures approved by the Attorney General, solely 
to— 
(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 nec-
essary 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 person-
nel, and are destroyed before or immediately upon completion 
of the test; and: 
Termination. 
(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 surveil-
lance equipment being used by persons not authorized to conduct 
electronic surveillance, 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 
PUBLIC LAW 95-511—OCT. 25, 1978 
92 STAT. 1793 
(C) any information acquired by such surveillance is used 
only to enforce chapter 119 of title 18, United States Code, 
or section 605 of the Communications Act of 1934, or to pro-
tect information from unauthorized surveillance; or 
(3) train intelligence personnel in the use of electronic surveil-
lance equipment, if— 
(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 other-
wise authorized by this title; 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. 
(g) Certifications made by the Attorney General pursuant to section 
102(a) and applications made and orders granted under this title shall 
be retained for a period of at least ten years from the date of the certifi-
cation or application. 
USE OP INFORMATION" 
SEC. 106. (a) Information acquired from an electronic surveillance 
conducted pursuant to this title concerning any United States person 
may be used and disclosed by Federal officers and employees without 
the consent of the United States person only in accordance with the 
minimization procedures required by this title. No otherwise privileged 
communication obtained in accordance with, or in violation of, the 
provisions of this title shall lose its privileged character. No informa-
tion acquired from an electronic surveillance pursuant to this title 
may be used or disclosed by Federal officers or employees except for 
law^ful purposes. 
(b) No information acquired pursuant to this title shall be disclosed 
for law enforcement purposes unless such disclosure is accompanied 
by a statement that such information, or any information derived 
tlierefrom, may only be used in a criminal proceeding with the advance 
authorization of the Attorney General. 
(c) Whenever the Government intends to enter into evidence or 
otlierwise use or disclose in any trial, hearing, or other proceeding in 
or before any court, department, officer, agency, regulatory body, or 
other authority of the United States, against an aggrieved person, any 
information obtained or derived from an electronic surveillance of 
that aggrieved person pursuant to the authority of this title, the Gov-
ernment shall, prior to the trial, hearing, or other proceeding or at a 
reasonable time prior to an effort to so disclose or so use that informa-
tion or submit it in evidence, notify the aggrieved person and the 
court or other autliority in which the information is to be disclosed or 
used that the Government intends to so disclose or so use such 
information. 
(d) Whenever any State or political subdivision thereof intends to 
enter into evidence or otherwise use or disclose in any trial, hearing, 
or other proceeding in or before any court, department, officer, agency, 
regulatory body, or other authority of a State or a political subdivsion 
thereof, against an aggrieved person any information obtained or 
18 u s e 2510 et 
seq. 
47 u s e 605. 
Training of 
intelligence 
personnel, 
conditions. 
Record retention 
requirement. 
50 u s e 1806. 
Statement for 
disclosure. 
39-194 O—80—pt. 2 
33 : QL3 
92 STAT. 1794 
PUBLIC LAW 95-511—OCT. 25, 1978 
derived from an electronic surveillance of that aggrieved person pur-
suant to the authority of this title, the State or political subdivision 
thereof shall notify the aggrieved person, the court or other authority 
in which the information is to be disclosed or used, and the Attorney 
General that the State or political subdivision thereof intends to so 
disclose or so use such information. 
(e) Any person against whom evidence obtained or derived from an 
electronic surveillance to which he is an aggrieved person is to be, or 
has been, introduced or otherwise iised or disclosed in any trial, hear-
ing, or other proceeding in or before any court, department, officer, 
agency, regulatoi-y body, or other authority of the United States, a 
State, or a political subdivision thereof, may move to suppress the 
evidence obtained or derived from such electronic surveillance on the 
grounds that^— 
(1) the information was unlawfully acquired; or 
(2) the surveillance was not made in conformity with an oi"der 
of authorization or approval. 
Such a motion shall be made before the trial, hearing, or other proceed-
ing unless there was no opportunity to make such a motion or the 
: : , 
person was not aware of the grounds of the motion. 
(f) Whenever a court or other authority is notified pursuant to sub-
section (c) or (d), or whenever a motion is made pursuant to subsec-
tion (e), or whenever any motion or request is made by an aggrieved 
person pursuant to any other statute or rule of the United States or 
any State before any court or other authority of the United States or 
any State to discover or obtain applications or orders or other mate-
rials relating to electronic surveillance or to discover, obtain, or sup-
press evidence or information obtained or derived from electronic 
surveillance under this Act, the United States district court or, where 
the motion is made before another authority, the United States district 
court in the same district as the authority, shall, notwithstanding any 
other law, if the Attorney General files an affidavit under oath that 
disclosure or an adversary hearing would harm the national security 
of the United States, review in camera and ex parte the application, 
order, and such other materials relating to the surveillance as may be 
necessary to determine whether the surveillance of the aggrieved per-
son was lawfully authorized and conducted. In making this determina-
tion, the court may disclose to the aggrieved person, under appropriate 
security procedures and protective orders, portions of the application, 
order, or other materials relating to the surveillance only where such 
disclosure is necessary to make an accurate determination of the 
legality of the surveillance. 
(g) If the United States distiict court pursuant to subsection (f) 
determines that the surveillance was not lawfully authorized or con-
ducted, it shall, in accordance with the requirements of law, suppress 
the evidence which was unlawfully obtained or derived from electronic 
surveillance of the aggrieved person or otherwise grant the motion 
of the aggrieved person. If the court determines that the surveillance 
was lawfully authorized and conducted, it shall deny the motion of 
the aggrieved person except to the extent that due process requires 
discovery or disclosure. 
(h) Orders granting motions or requests under subsection (g), 
decisions under this section that electronic surveillance was not law-
fully authorized or conducted, and orders of the United States district 
court requiring review or granting disclosure of applications, orders, 
or other materials relating to a surveillance shall be final orders and 
binding upon all courts of the United States and the several States 
PUBLIC LAW 95-511—OCT. 25, 1978 
92 STAT. 179»S 
except a United States court of appeals and the Supreme Court. 
(i) In circumstances involving the unintentional 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, such contents shall be 
destroyed upon recognition, unless the Attorney General determines 
that the contents indicate a threat of death or serious bodily harm to 
any person. 
(j) If an emergency employment of electronic surveillance is author-
ized under section 105(e) and a subsequent order approving the 
surveillance is not obtained, the judge shall cause to be served on any 
United States person named in the application and on such other 
United States persons subject to electronic surveillance as the judge 
may determine in his discretion it is in the interest of justice to serve, 
notice of— 
(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. 
Disposal of 
contents. 
Postponement or 
suspension of 
notice, time 
limitation. 
REPORT OF ELECTRONIC SURVEILLANCE 
SEC. 107. In April of each year, the Attorney General shall transmit 
to the Administrative Office of the United States Court and to Con-
gress a report setting forth with respect to the preceding calendar 
year— 
(a) the total number of applications made for orders and exten-
sions of orders approving electronic surveillance under this title; 
and 
(b) the total number of such orders and extensions either 
granted, modified, or denied. 
Report to 
Congress. 
50 use lfl07. 
CONGRESSIONAL OVERSIGHT 
SEC. 108. (a) 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 elec-
tronic surveillance under this title. Nothing in this title 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. 
(b) On or before one year after the effective date of this Act 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 ^epoit respectively to the House of Representa-
tives and the Senate, concerning the implementation of this Act. Said 
reports shall include but not be limited to an analysis and recommenda-
tions concerning whether this Act should be (1) amended, (2) repealed, 
or (3) permitted to continue in effect without amendment. 
Report to 
congressional 
committees. 
50 use 1808. 
Report of 
congressional 
committees to 
Congress. 
92 STAT. 1796 
PUBLIC LAW 95-511—OCT. 25, 1978 
PENALTIES 
50 use 1809. 
SEC. 109. (a) OFFENSE.—A person is guilty of an ojffense if he 
intentionally— 
(1) engages in electronic surveillance under color of law except 
as authorized by statute; or 
s,.. 
, 
(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. 
(b) DEFENSE,—It is a defense to a prosecution under subsection (a) 
that the defendant was a law enforcement or investigative officer 
engaged in the course of his official duties and the electronic surveil-
lance was authorized by and conducted pursuant to a search warrant or 
court order of a court of competent jurisdiction. 
(c) PENALTY..—An offense described in this section is punishable 
by a fine of not more than $10,000 or imprisonment for not more than 
five years, or both. 
(d) JURISDICTION.-—There is Federal jurisdiction over an offense 
under this section if the person committing the offense was an officer 
or employee of the United States at the time the offense was committed. 
CIVIL LIABILITY 
50 use 1810. 
SEC 110. CIVIL ACTION.—An aggrieved person, other than a foreign 
power or an agent of a foreign power, as defined in section 101 (a) or 
(b)(1)(A), respectively, who has been subjected to an electronic 
surveillance or about whom information obtained by electronic sur-
veillance of such person has been disclosed or used in violation of 
section 109 shall have a cause of action against any person who 
committed such violation and shall be entitled to recover— 
. ,*, 
• 
(a) actual damages, but not less than liquidated damages of 
$1,000 or $100 per day for each day of violation, whichever is 
greater; 
, 
. 
(b) punitive damages; and 
(c) reasonable attorney's fees and other investigation and 
litigation costs reasonably incurred. 
AUTHORIZATION DURING TIME OF WAR 
50 use 1811. 
SEO. 111. Notwithstanding any other law, the President, through 
the Attorney General, may authorize electronic surveillance without 
a court order under this title to acquire foreign intelligence 
information for a period not to exceed fifteen calendar days following 
-r| 
a declaration of war by the Congress. 
TITLE II—CONFORMING AMENDMENTS 
AMENDMENTS TO CHAPTER 119 OF TITLE 18, UNITED STATES CODE 
SEC. 201. Chapter 119 of title 18, United States Code, is amended as 
follows: 
18 use 2511. 
(a) Section 2511(2) (a) (ii) is amended to read as follows: 
"(ii) Notwithstanding any other law, communication common 
carriers, their officers, employees, and agents, landlords, custodians, or 
other persons, are authorized to provide information, facilities, or 
technical assistance to persons authorized by law to intercept wire or 
PUBLIC LAW 95-511—OCT. 25, 1978 
92 STAT. 1797 
oral communications or to conduct electronic surveillance, as defined 
in section 101 of the Foreign Intelligence Surveillance Act of 1978, if 
the common carrier, its officers, employees, or agents, landlord, 
custodian, or other specified person, has been provided with— 
"(A) a court order directing such assistance signed by the 
authorizing judge, or 
" ( B ) a certification in writing by a person specified in section 
2518(7) of this title or the Attorney General of the United States 
that no warrant or court order is required by law, that all statutory 
requirements have been met, and that the specified assistance is 
required, 
setting forth the period of time during which the provision of the 
information, facilities, or technical assistance is authorized 
and 
specifying the information, facilities, or technical assistance required. 
No communication common carrier, officer, employee, or agent thereof, 
or landlord, custodian, or other specified person shall disclose the 
existence of any interception or surveillance or the device used to 
accomplish the interception or surveillance with respect to which the 
person has been furnished an order or cei'tification under this 
subparagraph, except as may otherwise be required b}'^ legal process 
and then only after prior notification to the Attorney General or to 
the principal prosecuting attorney of a State or any 
political 
subdivision of a State, as may be appropriate. Any violation of this 
subparagraph by a communication common carrier or an officer, 
employee, or agent thereof, shall render the carrier liable for the civil 
damages provided for in section 2520. No cause of action shall lie in 
any court against any communication common carrier, its officers, 
employees, or agents, landlord, custodian, or other specified person for 
providing information, facilities, or assistance in accordance with the 
terms of an order or certification under this subparagraph.". 
(b) Section 2511(2) is amended by adding at the end thereof 
the following new provisions: 
"(e) Notwithstanding any other provision of this title or section 
605 or 606 of the Communications Act of 1934, it shall not be unlawful 
for an officer, employee, or agent of the United States in the normal 
course of his official duty to conduct electronic surveillance, a
v
S defined 
in section 101 of the Foreign Intelligence Surveillance Act of 1978, as 
authorized by that Act. 
"(f) 
Nothing contained in this chapter, or section 605 of the 
Communications Act of 1934, shall be deemed to affect the acquisition 
by the United States Government of foreign intelligence information 
from international or foreign communications by a means other than 
electronic surveillance as defined in section 101 of the Foreign 
Intelligence Surveillance Act of 1978, and procedures in this chapter 
and the Foreign Intelligence Surveillance Act of 1978 shall be the 
exclusive means by which electronic surveillance, as defined in section 
101 of such Act, and the interception of domestic w^ire and oral com-
munications may be conducted.". 
(c) Section 2511 (3) is repealed. 
(d) Section 2518(1) is amended by inserting "under this 
chapter" after "communication". 
(e) Section 2518(4) is amended by inserting "under this 
chapter" after both appearances of "wire or oral communication". 
(f) Section 2518(9) is amended by striking out "intercepted" 
and inserting "intercepted pursuant to this chapter" 
after 
"communication". 
18 use 2518. 
Disclosure of 
information, 
prohibition. 
18 use 2520. 
18 use 2511. 
47 use 605, 
606. 
Repeal. 
18 use 2511. 
18 use 2518. 
92 STAT. 1798 
PUBLIC LAW 95-511—OCT. 25, 1978 
18 use 2518. 
(g) Section 2518(10) is amended by striking out "intercepted" 
and inserting "intercepted pursuant to this chapter" after the first 
appearance of "communication". 
18 use 2519. 
(h) Section 2519(3) is amended by inserting "pursuant to this 
chapter" after "wire or oral communications" and after "granted 
or denied". 
'' 
' 
TITLE III—EFFECTIVE DATE 
EFFECTIVE DATE 
50 use 1801 
SEC. 301. The provisions of this Act and the amendments made 
•<»*••, 
hereby shall become effective upon the date of enactment of this Act, 
except that any electronic surveillance approved by the Attorney 
General to gather foreign intelligence information shall not be deemed 
•; 
unlawful for failure to follow the procedures of this Act, if that 
' • 
surveillance is terminated or an order approving that surveillance is 
obtained under title I of this Act within ninety days following the 
designation of the first judge pursuant to section 103 of this Act. 
Approved October 25, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-1283, Pt. I accompanying H.R. 7308 (Comm. on the 
Judiciary) and (Select Comm. on Intelligence) and No. 95-1720 
(Comm. of Conference). 
SENATE REPORTS: No. 95-604 and No. 95-604, Pt. II (Comm. on the Judiciary) and 
No. 95-701 (Select Comm. on Intelligence). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Apr. 20, considered and passed Senate. 
Sept. 6, 7, considered and passed House, amended. 
Sept. 12, Senate disagreed to House amendments. 
Oct. 9, Senate agreed to conference report. 
Oct. 12, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 43: 
Oct. 25, Presidential statement.