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: 50USC1802]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
              CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE
 
                  SUBCHAPTER I--ELECTRONIC SURVEILLANCE
 
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 subchapter to acquire foreign intelligence information 
for periods of up to one year if the Attorney General certifies in 
writing under oath that--
        (A) the electronic surveillance is solely directed at--
            (i) the acquisition of the contents of communications 
        transmitted by means of communications used exclusively between 
        or among foreign powers, as defined in section 1801(a)(1), (2), 
        or (3) of this title; or
            (ii) the acquisition of technical intelligence, other than 
        the spoken communications of individuals, from property or 
        premises under the open and exclusive control of a foreign 
        power, as defined in section 1801(a)(1), (2), or (3) of this 
        title;

        (B) there is no substantial likelihood that the surveillance 
    will acquire the contents of any communication to which a United 
    States person is a party; and
        (C) the proposed minimization procedures with respect to such 
    surveillance meet the definition of minimization procedures under 
    section 1801(h) of this title; 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.
    (2) An electronic surveillance authorized by this subsection may be 
conducted only in accordance with the Attorney General's certification 
and the minimization procedures adopted by him. The Attorney General 
shall assess compliance with such procedures and shall report such 
assessments to the House Permanent Select Committee on Intelligence and 
the Senate Select Committee on Intelligence under the provisions of 
section 1808(a) of this title.
    (3) The Attorney General shall immediately transmit under seal to 
the court established under section 1803(a) of this title a copy of his 
certification. Such certification shall be maintained under security 
measures established by the Chief Justice with the concurrence of the 
Attorney General, in consultation with the Director of Central 
Intelligence, and shall remain sealed unless--
        (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.

    (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 subchapter 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 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.

(Pub. L. 95-511, title I, Sec. 102, Oct. 25, 1978, 92 Stat. 1786.)

Ex. Ord. No. 12139. Exercise of Certain Authority Respecting Electronic 
                              Surveillance

    Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, provided:
    By the authority vested in me as President by Sections 102 and 104 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802 and 
1804), in order to provide as set forth in that Act [this chapter] for 
the authorization of electronic surveillance for foreign intelligence 
purposes, it is hereby ordered as follows:
    1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is 
authorized to approve electronic surveillance to acquire foreign 
intelligence information without a court order, but only if the Attorney 
General makes the certifications required by that Section.
    1-102. Pursuant to Section 102(b) of the Foreign Intelligence Act of 
1978 (50 U.S.C. 1802(b)), the Attorney General is authorized to approve 
applications to the court having jurisdiction under Section 103 of that 
Act [50 U.S.C. 1803] to obtain orders for electronic surveillance for 
the purpose of obtaining foreign intelligence information.
    1-103. Pursuant to Section 104(a)(7) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)), the following 
officials, each of whom is employed in the area of national security or 
defense, is designated to make the certifications required by Section 
104(a)(7) of the Act in support of applications to conduct electronic 
surveillance:
        (a) Secretary of State.
        (b) Secretary of Defense.
        (c) Director of Central Intelligence.
        (d) Director of the Federal Bureau of Investigation.
        (e) Deputy Secretary of State.
        (f) Deputy Secretary of Defense.
        (g) Deputy Director of Central Intelligence.
None of the above officials, nor anyone officially acting in that 
capacity, may exercise the authority to make the above certifications, 
unless that official has been appointed by the President with the advice 
and consent of the Senate.
    1-104. Section 2-202 of Executive Order No. 12036 [set out under 
section 401 of this title] is amended by inserting the following at the 
end of that section: ``Any electronic surveillance, as defined in the 
Foreign Intelligence Surveillance Act of 1978, shall be conducted in 
accordance with that Act as well as this Order.''.
    1-105. Section 2-203 of Executive Order No. 12036 [set out under 
section 401 of this title] is amended by inserting the following at the 
end of that section: ``Any monitoring which constitutes electronic 
surveillance as defined in the Foreign Intelligence Surveillance Act of 
1978 shall be conducted in accordance with that Act as well as this 
Order.''.
                                                           Jimmy Carter.

                  Section Referred to in Other Sections

    This section is referred to in sections 1801, 1805 of this title.


