50 U.S.C. § 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
submitted 48 years ago by Pub. L. 95-511 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 629 words · no verdicts yet
The President, through the Attorney General, may authorize certain foreign-intelligence surveillance without a court order for up to one year. The Attorney General must certify the required conditions, report procedures, seal the certification, and may require carrier assistance.
(a) (1) Despite other laws, the President, acting through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to obtain foreign intelligence information for up to one year if the Attorney General makes a written, sworn certification that: (A) the surveillance is directed only at (i) communications content transmitted exclusively between or among foreign powers covered by section 1801(a)(1), (2), or (3), or (ii) technical intelligence, other than people’s spoken communications, from property or premises exclusively and openly controlled by such a foreign power; (B) it is not substantially likely to obtain the content of a communication to which a United States person is a party; and (C) the proposed minimization procedures meet the definition in section 1801(h). The Attorney General must report those procedures and changes to the House and Senate intelligence committees at least 30 days before they take effect, unless immediate action is necessary; in that case, the Attorney General must notify the committees immediately of the procedures and why they took effect immediately. (2) The surveillance may be conducted only under the Attorney General’s certification and adopted minimization procedures. The Attorney General must assess compliance and report the assessments under section 1808(a). (3) The Attorney General must immediately send a copy of the certification under seal to the court established under section 1803(a). The Chief Justice, with the Attorney General’s agreement and in consultation with the Director of National Intelligence, establishes security measures for it. It stays sealed unless (A) an application for a court order concerning the surveillance is made under sections 1801(h)(4) and 1804, or (B) it is needed to decide the surveillance’s legality under section 1806(f). (4) For surveillance authorized here, the Attorney General may order a specified communications common carrier to (A) provide all information, facilities, or technical help needed to carry it out while protecting secrecy and causing as little interference as possible with the carrier’s customer services, and (B) keep, under security procedures approved by the Attorney General and Director of National Intelligence, records about the surveillance or help that the carrier wants to keep. The Government must pay the carrier the prevailing rate for that help. (b) A court-order application under this subchapter is allowed if the President has writtenly authorized the Attorney General to approve applications to the court with jurisdiction under section 1803. A judge receiving one may, despite other laws, approve surveillance of a foreign power or its agent to obtain foreign intelligence information, as section 1805 permits. But the court may not approve surveillance directed only as described in subsection (a)(1)(A) unless it may acquire communications of a United States person.
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—
the electronic surveillance is solely directed at—
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
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;
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
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.
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.
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 National Intelligence, and shall remain sealed unless—
an application for a court order with respect to the surveillance is made under sections 1801(h)(4) and 1804 of this title; or
the certification is necessary to determine the legality of the surveillance under section 1806(f) of this title.
With respect to electronic surveillance authorized by this subsection, the Attorney General may direct a specified communication common carrier to—
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
maintain under security procedures approved by the Attorney General and the Director of National 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.
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) unless such surveillance may involve the acquisition of communications of any United States person.
Source credit: (Pub. L. 95–511, title I, § 102, Oct. 25, 1978, 92 Stat. 1786; Pub. L. 108–458, title I, § 1071(e), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 111–259, title VIII, § 806(a)(2), Oct. 7, 2010, 124 Stat. 2748.)
- 1978Enacted · Pub. L. 95-511 · 92 Stat. 1786
- 2004Amended · Pub. L. 108-458 · 118 Stat. 3691
- 2010Amended · Pub. L. 111-259 · 124 Stat. 2748
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-511 on 1978-10-25.
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