Cryptography's Role In Securing The Information Society

                Appendix N   Continued

[N.1.2 commences p. 511.]
__________________________________________________________________


       N.1.2 Foreign Intelligence Surveillance 
          (U.S. Code, Title 50, Chapter 36)


Sec. 1801. Definitions.

     As used in this chapter:

     (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 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.

     (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) of this section;

(B) acts for or on behalf of a foreign power which engages in
clandestine intelligence activities in the United States contrarv
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  [512]

(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; 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 committed 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 intimidation or
coercion; or

(C) to affect the conduct of a government by assassination 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
chapter 105 of title 18, 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

(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
communication sent by or intended to be received [513] 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;

(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.

     (g) 'Attorney General' means the Attorney General of the
United States (or Acting Attorney General) or the Deputy Attorney
General.

     (h) 'Minimization procedures', with respect to electronic
surveillance, 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 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 twenty-four 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.

(i) 'United States person' means a citizen of the United States.
an alien [514] lawfully admitted for permanent residence (as
defined in section 1101(a)(20) of title 8), 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 incorporated in the United
States, but does not include a corporation or an association which
is a foreign power, as defined in subsection (a)(1), (2), or (3)
of this section.

     (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.

     (l) '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 providing
or operating such facilities for the transmission of interstate or
foreign communications.

     (m) 'Person' means any individual, including any officer or
employee of the Federal Government, or any group, entity,
association, 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
meaning of that communication.

     (o) 'State' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Trust
Territory of the Pacific Islands, and any territory or possession
of the United States.


Sec. 1802. Electronic surveillance authorization without court
order; certification by Attorney General; reports to Congressional
committees; transmittal under seal; duties and compensation of
communication common carrier; applications; jurisdiction of court.

     (a)(1) Notwithstanding any other law, the President, through
the Attorney General, may authorize electronic surveillance
without a court order under this chapter 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 [515] 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;

and if 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.

(a)(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.

(a)(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--

(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)(4) With respect to electronic surveillance authorized by this
subsection, 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
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.

     (b) Applications for a court order under this chapter are
authorized if the President has, by written authorization,
empowered the Attorney General to approve applications to the
court having jurisdiction under section 1803 of this title, and a
judge to whom an application is made may, notwithstanding any
other law, grant an order, in conformity with section 1805 of this
title, 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
jurisdiction to grant any order approving electronic surveillance
directed solely as [516] described in paragraph (1)(A) of
subsection (a) of this section unless such surveillance may
involve the acquisition of communications of any United States
person.


Sec. 1803. Designation of judges.

     (a) Court to hear applications and grant orders; record of
denial; transmittal to court of review.--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 jurisdiction 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 subsection shall hear the same application for
electronic surveillance under this Act which has been denied
previously by another judge designated 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 of 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) of this section.

     (b) Court of review; record, transmittal to Supreme
Court;--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 determines that the application was
properly denied, the court shall immediately provide for the
record a written statement of each reason for its decision and, on
petition of the United States for a writ of certiorari, the record
shall be transmitted under seal to the Supreme Court, which shall
have jurisdiction to review such decision.

     (c) Expeditious conduct of proceedings; security measures
for maintenance of records.--Proceedings under this Act shall be
conducted as expeditiously as possible. The record of proceedings
under this Act, including applications 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) Tenure;--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) of this section shall be designated for terms of
from one to seven years so that one term expires each year, and
that judges first designated under subsection (b) of this section
shall be designated for terms of three, five, and seven years.


Sec. 1804. Applications for court orders.

     (a) Submission by Federal officer; approval of Attorney
General; contents. [517] --Each application for an order approving
electronic surveillance under this chapter shall be made by a
Federal officer in writing upon oath or affirmation to a judge
having jurisdiction under section 1803 of this title. Each
application shall require the approval of the Attorney General
based upon his finding that it satisfies the criteria and
requirements of such application as set forth in this chapter. 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;

(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;

(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
President 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
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;

(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 chapter 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 chapter should [518] 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) Exclusion of certain information respecting foreign
power targets.-- Whenever the target of the electronic
surveillance is a foreign power, as defined in section 1801(a)(1),
(2), or (3) of this title, and each of the facilities or places at
which the surveillance is directed is owned, leased, or
exclusively used by that foreign power, the application need not
contain the information required by paragraphs (6), (7)(E), (8),
and (11) of subsection (a) of this section, 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) Additional affidavits or certifications.--The Attorney
General may require any other affidavit or certification from any
other officer in connection with the application.

     (d) Additional information.--The judge may require the
applicant to furnish such other information as may be necessary to
make the determinations required by section 1805 of this title.


Sec. 1805. Issuance of order.

     (a) Necessary findings.--Upon an application made pursuant
to section 1804 of this title, 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; [519]

(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.

     (b) Specifications and directions of orders.--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 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

(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 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.

     (c) Exclusion of certain information respecting foreign
power targets.-- Whenever the target of the electronic
surveillance is a foreign power, as defined in section 1801(a)(1),
(2), or (3) of this title, 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) of this section, but shall generally describe
the information sought, the communications or activities to be
subjected to the surveillance, [520] and the type of electronic
surveillance involved, including whether physical entry is
required.

     (d) Duration of order; extensions; review of circumstances
under which information was acquired, retained or disseminated.

(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 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.

(2) Extensions of an order issued under this chapter 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 an extension of an
order under this Act 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.

(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.

     (e) Emergency orders.--Notwithstanding any other provision
of this chapter, when the Attorney General reasonably determines
that--

(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 chapter
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 chapter 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
surveillance, he shall require that the minimization procedures
required by this chapter 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 twenty-four 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 [521] 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.

     (f) Testing of electronic equipment; discovering
unauthorized electronic surveillance; training of intelligence
personnel.--Notwithstanding any other provision of this chapter,
officers, employees, or agents of the United States are authorized
in the normal 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 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--

(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

(C) any information acquired by such surveillance is used only to
enforce chapter 119 of title 18, or section 605 of title 47, or to
protect information from unauthorized surveillance; or

(3) train intelligence personnel in the use of electronic
surveillance 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 otherwise
authorized by this chapter; 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 [522] for any purpose, but are destroyed as soon as
reasonably possible.

     (g) Retention of certifications, applications and orders.--
Certifications made by the Attorney General pursuant to section
1802(a) of this title and applications made and orders granted
under this chapter shall be retained for a period of at least ten
years from the date of the certification or application.


Sec. 1806. Use of information.

     (a) Compliance with minimization procedures; privileged
communications; lawful purposes.--Information acquired from an
electronic surveillance conducted pursuant to this chapter
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 chapter. No otherwise privileged communication
obtained in accordance with, or in violation of, the provisions of
this chapter shall lose its privileged character. No information
acquired from an electronic surveillance pursuant to this chapter
may be used or disclosed by Federal officers or employees except
for lawful purposes.

     (b) Statement for disclosure.--No information acquired
pursuant to this chapter shall be disclosed for law enforcement
purposes unless such disclosure is accompanied by a statement that
such information, or any information derived therefrom, may only
be used in a criminal proceeding with the advance authorization of
the Attorney General.

     (c) Notification by United States.--Whenever the Government
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 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 chapter, the
Government 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 information or submit it in evidence, notify the
aggrieved person and the court or other authority in which the
information is to be disclosed or used that the Government intends
to so disclose or so use such information.

     (d) Notification by States or political subdivisions.--
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 subdivision thereof, against an aggrieved person any
information obtained or derived from an electronic surveillance of
that aggrieved person pursuant to the authority of this chapter,
the State or political subdivision thereof shall notify the
aggrieved person, the court or other authority in which the
information is to be [523] disclosed or used, and the Attorney
General that the State or political subdivision thereof intends to
so disclose or so use such information.

     (e) Motion to suppress.--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
used or disclosed in any trial, hearing, or other proceeding in or
before any court, department, officer, agency, regulatory 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 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.

     (f) In camera and ex parte review by district court.--
Whenever a court or other authority is notified pursuant to
subsection (c) or (d) of this section, or whenever a motion is
made pursuant to subsection (e) of this section, 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 materials
relating to electronic surveillance or to discover, obtain, or
suppress 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
person was lawfully authorized and conducted. In making this
determination, 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) Suppression of evidence; denial of motion.--If the
United States district court pursuant to subsection (f) of this
section determines that the surveillance was not lawfully
authorized or conducted, 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. [524]

     (h) Finality of orders.--Orders granting motions or requests
under subsection (g) of this section, decisions under this section
that electronic surveillance was not lawfully 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 except a United States court of appeals and the
Supreme Court.

     (i) Destruction of unintentionally acquired information.--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) Notification of emergency employment of electronic
surveillance; contents; postponement, suspension or
elimination.--If an emergency employment of electronic
surveillance is authorized under section 1805(e) of this title 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.


Sec. 1807. Report to Administrative Office of the United States
Court and to Congress.

     In April of each year, the Attorney General shall transmit
to the Administrative Office of the United States Court and to
Congress a report setting forth with respect to the preceding
calendar year--

     (a) the total number of applications made for orders and
extensions of orders approving electronic surveillance under this
chapter; and

     (b) the total number of such orders and extensions either
granted, modified, or denied. [524]


Sec. 1808. Report of Attorney General to Congressional committees;
limitation on authority or responsibility of information gathering
activities of Congressional committees; report of Congressional
committees to Congress.

     (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
electronic surveillance under this chapter. Nothing in this
chapter 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 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 Act. Said reports shall include but not be limited to an
analysis and recommendations concerning whether this Act should be

(1) amended, 

(2) repealed, or

(3) permitted to continue in effect without amendment.


Sec. 1809. Criminal sanctions.

     (a) *Prohibited activities* A person is guilty of an offense
if he intentionally--

(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.

     (b) *Defense* It is a defense to a prosecution under
subsection (a) of this section that the defendant was a law
enforcement or investigative officer engaged in the course of his
official duties and the electronic surveillance was authorized by
and conducted pursuant to a search warrant or court order of a
court of competent jurisdiction.

     (c) *Penalties* 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) *Federal 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. [526]


Sec. 1810. Civil liability.

     An aggrieved person, other than a foreign power or an agent
of a foreign power, as defined in section 1801(a) or (b)(1)(A) of
this title, respectively, who has been subjected to an electronic
surveillance or about whom information obtained by electronic
surveillance of such person has been disclosed or used in
violation of section 1809 of this title 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.


Sec. 1811. Authorization during time of war.

     Notwithstanding any other law, the President, through the
Attorney General, may authorize electronic surveillance without a
court order under this chapter to acquire foreign intelligence
information for a period not to exceed fifteen calendar days
following a declaration of war by the Congress.


[End N.1.2]

