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-CITE-
50 USC Sec. 1801 01/02/2006-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
SUBCHAPTER I - ELECTRONIC SURVEILLANCE-HEAD-
Sec. 1801. Definitions-STATUTE-
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
(C) engages in international terrorism or activities in
preparation therefore; 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;
(D) knowingly enters the United States under a false or
fraudulent identity for or on behalf of a foreign power or,
while in the United States, knowingly assumes a false or
fraudulent identity for or on behalf of a foreign power; or
(E) 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, but does not include the acquisition of those
communications of computer trespassers that would be
permissible under section 2511(2)(i) of title 18;
(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 72 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.-SOURCE-
(Pub. L. 95-511, title I, Sec. 101, Oct. 25, 1978, 92 Stat. 1783;
Pub. L. 106-120, title VI, Sec. 601, Dec. 3, 1999, 113 Stat. 1619;
Pub. L. 107-56, title X, Sec. 1003, Oct. 26, 2001, 115 Stat. 392;
Pub. L. 107-108, title III, Sec. 314(a)(1), (c)(2), Dec. 28, 2001,
115 Stat. 1402, 1403; Pub. L. 108-458, title VI, Sec. 6001(a), Dec.
17, 2004, 118 Stat. 3742.)-STATAMEND-
AMENDMENT OF SECTION
For termination of amendment by Pub. L. 108-458, see Termination
Date of 2004 Amendment note below.-MISC1-
AMENDMENTS
2004 - Subsec. (b)(1)(C). Pub. L. 108-458, Sec. 6001, temporarily
added subpar. (C). See Termination Date of 2004 Amendment note
below.
2001 - Subsec. (f)(2). Pub. L. 107-56, Sec. 1003, as amended by
Pub. L. 107-108, Sec. 314(c)(2), inserted ", but does not include
the acquisition of those communications of computer trespassers
that would be permissible under section 2511(2)(i) of title 18"
before semicolon at end.
Subsec. (h)(4). Pub. L. 107-108, Sec. 314(a)(1), substituted "72
hours" for "twenty-four hours".
1999 - Subsec. (b)(2)(D), (E). Pub. L. 106-120 added subpar. (D)
and redesignated former subpar. (D) as (E).TERMINATION DATE OF 2004 AMENDMENT
Pub. L. 108-458, title VI, Sec. 6001(b), Dec. 17, 2004, 118 Stat.
3742, provided that: "The amendment made by subsection (a)
[amending this section] shall be subject to the sunset provision in
section 224 of Public Law 107-56 [18 U.S.C. 2510 note] (115 Stat.
295), including the exception provided in subsection (b) of such
section 224."EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-108, title III, Sec. 314(c), Dec. 28, 2001, 115 Stat.
1402, provided in part that the amendment made by section 314(c)(2)
of Pub. L. 107-108 is effective as of Oct. 26, 2001, and as if
included in Pub. L. 107-56 as originally enacted.EFFECTIVE DATE; EXCEPTION
Pub. L. 95-511, title VII, Sec. 701, formerly title III, Sec.
301, Oct. 25, 1978, 92 Stat. 1798, as renumbered title IV, Sec.
401, and amended by Pub. L. 103-359, title VIII, Sec. 807(a)(1),
(2), Oct. 14, 1994, 108 Stat. 3443; renumbered title VI, Sec. 601,
and amended Pub. L. 105-272, title VI, Secs. 601(1), 603(a), Oct.
20, 1998, 112 Stat. 2404, 2412; renumbered title VII, Sec. 701,
Pub. L. 108-458, title VI, Sec. 6002(a)(1), Dec. 17, 2004, 118
Stat. 3743, 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 titles III, IV, and V [enacting subchapters
II, III, and IV, respectively, 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 OF 2000 AMENDMENT
Pub. L. 106-567, title VI, Sec. 601, Dec. 27, 2000, 114 Stat.
2850, provided that: "This title [enacting section 9A of the
Classified Information Procedures Act, set out in the Appendix to
Title 18, Crimes and Criminal Procedure, amending sections 402a,
1804, 1805, 1808, 1823, and 1824 of this title, and enacting
provisions set out as notes under this section and section 1806 of
this title] may be cited as the 'Counterintelligence Reform Act of
2000'."SHORT TITLE
Section 1 of Pub. L. 95-511 provided in part: "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'."SEVERABILITY
Pub. L. 106-567, title VI, Sec. 608, Dec. 27, 2000, 114 Stat.
2856, provided that: "If any provision of this title [see Short
Title of 2000 Amendment note above] (including an amendment made by
this title), or the application thereof, to any person or
circumstance, is held invalid, the remainder of this title
(including the amendments made by this title), and the application
thereof, to other persons or circumstances shall not be affected
thereby."-TRANS-
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.
