Foreign Intelligence Surveillance Act of 1978

Summary

Foreign Intelligence Surveillance Act - Requires the Chief Justice of the United States to designate seven district court judges, each of whom shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States. Requires the Chief Justice to designate three Federal judges to comprise a special court of appeals which shall have jurisdiction to hear an appeal by the United States from the denial of any application. Grants the United States a further right to appeal an affirmance of denial to the Supreme Court. Requires each application for any order approving electronic surveillance for foreign intelligence purposes to be approved by the Attorney General and to include among other information: (1) the identity of the officer making the application; (2) the authority conferred on the applicant by the President and the approval of the Attorney General to make the application; (3) the identity of the subject of the surveillance (4) the fact and circumstances justifying belief that the target of surveillance is a foreign power or an agent of a foreign power; (5) a description of the type of information sought and a certification by one of specified Federal officers that such information is foreign intelligence information that cannot feasibly be obtained by normal investigative techniques; (6) a statement of the period of time for which the surveillance is required, and (7) a statement of procedures to be taken to minimize intrusion into the privacy of United States persons. Directs the judge to enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that the criteria specified have been met. Allows issuance of orders to approve surveillance for 90 days or the period necessary to achieve its purposes, whichever is less. Permits extensions of orders upon application for an extension made in the same manner as required for an original application. Authorizes the Attorney General, upon a reasonable determination that an emergency situation exists, to authorize the emergency employment of electronic surveillance if the appropriate judge is informed by the Attorney General of such authorization at the time it is made and if an application is made as soon as practicable but not more than 24 hours after authorization. Requires, in the absence of a judicial order, that surveillance terminate when the information sought is obtained, when the application for an order is denied, or 24 hours after authorization, whichever is earliest. Requires, when an order to approve the emergency employment of electronic surveillance is not obtained, that the judge serve notice on any United States person subject to surveillance of the fact of the application, the period of surveillance, and the fact that information was or was not obtained. Permits the judge to delay or forego this action on a showing of good cause. Allows information acquired from electronic surveillance conducted pursuant to this Act to be used and disclosed only for designated purposes or for the enforcement of the criminal law. Requires the Attorney General to submit an annual report to the Administrative Office of the United States Courts and to Congress, including the number of applications made for orders and extensions of orders approving electronic surveillance and the number of such orders and extensions granted, modified, and denied.

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3 official files

• Public Law (PDF)

  Public Law · EN · 26 October 1978

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• Conference report filed in House

  summary · EN · 5 October 1978

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• Introduced in Senate

  summary · EN · 18 May 1977

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