From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
  January 16, 1996 and August 28, 1996]
[CITE: 50USC1801]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
              CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE
 
                  SUBCHAPTER I--ELECTRONIC SURVEILLANCE
 
Sec. 1801. Definitions

    As used in this subchapter:
        (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 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 
            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 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 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.

(Pub. L. 95-511, title I, Sec. 101, Oct. 25, 1978, 92 Stat. 1783.)


                        Effective Date; Exception

    Section 401, formerly section 301 of Pub. L. 95-511, as renumbered 
Sec. 401 and amended by Pub. L. 103-359, title VIII, Sec. 807(a)(1), 
(2), Oct. 14, 1994, 108 Stat. 3443, provided that: ``The provisions of 
this Act [enacting this chapter, amending sections 2511, 2518, and 2519 
of Title 18, Crimes and Criminal Procedure, and enacting provision set 
out as a note below] (other than title III [enacting subchapter II of 
this chapter]) and the amendments made hereby shall become effective 
upon the date of enactment of this Act [Oct. 25, 1978], 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 [enacting this subchapter] within ninety days 
following the designation of the first judge pursuant to section 103 of 
this Act [section 1803 of this title].''


                               Short Title

    Section 1 of Pub. L. 95-511 provided: ``That this Act [enacting this 
chapter, amending sections 2511, 2518, and 2519 of Title 18, Crimes and 
Criminal Procedure, and enacting provisions set out as a note above] may 
be cited as the `Foreign Intelligence Surveillance Act of 1978'.''

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in sections 402a, 438, 1802, 1804, 1805, 
1810, 1821, 1822, 1823, 1824, 1828 of this title; title 12 section 3414; 
title 15 section 1681u; title 18 sections 794, 2511, 2709.

