FOREIGN INTELLIGENCE ELECTRONIC SURVEILLANCE LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80S01268A000200010018-2
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 34
• Document Creation Date: December 22, 2016
• Document Release Date: September 22, 2009
• Sequence Number: 18
• Publication Date: April 25, 1977
• Content Type: MF

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r?.DDCI
'', DSU
D/DCI/NI
16 Asst/ DCI
17 AO/DCI
18 C/IPS
20 1 D/EEO
21
22
I
LLEGIB
25X1
I
NSC review completed.
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 ,.
In
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April 25, 1977
THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE DIRECTOR OF CENTRAL INTELLIGENCE
SUBJECT. Foreign Intelligence Electronic Surveillance Legislatic n
The President has reached the following decisions concerning foreign
intelligence electronic surveillance legislation:
1. The basic structure of the bill should be as recommended by
the Attorney General's PRM/NSC-11 Subcommittee report and
endorsed by the SCC.
2. The report's recommendations on issues 1, 4, 5, 6 and 7 are
accepted as endorsed by the SCC.
3. Concerning issue 2 in the report, the current electronic
surveillance bill should not cover. U.S. persons abroad.
However, a statement should be made at the time of its
introduction that the Department of Justice will proceed to
draft a separate bill to extend legal safeguards to Americans
overseas who are targeted for electronic surveillance for
either intelligence or law enforcement purposes.
4. Concerning issue 3, warrants will. be required for all
electronic surveillance activities conducted within the U.S.
However, the warrant requirement for surveillances directed
against foreign powers will allow for substantially longer
periods of time before reauthorization and application require-
ments will be designed to reduce the amount of sensitive infor-
mation that will be transmitted to the judges (Option C with
Justice Department recommended changes).
The Attorney General's Subcommittee should now assume responsibility for
introduction of the Administration's bill in Congress and act as a tactical
steering group while the bill is under consideration. Any significant nropo:ecl
changes to the bill should, however, be refer7"+d to the SCC for consicleraticn.
/,bigniew Brzezinski
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1 / / / , ,
A BILL
To amend title 18, United States Co:'e, to authorize applications
for a court order approving the use of electronic sur-
veillartce to obtain foreig11 intelligence information.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
this Act may be cited as the "Foreign Intelligence Surveillance.
Act of 1977".
SEC. 2. Title 18, United States Code, is amended by
adding a new chapter after chapter 119 as follows
"Chapter 120. -- ELECTRONIC SURVEILTANCE WITHIN'THE`U TITE
STATES - FOR FOREIGN INTELLIGENCE PTSRPOSES
"Sec.
112521. Definitions.
"2522. Authorization for electronic surveillance for foreig
intelligence purposes.
112523. Designation of judges authorized to grant orders for
electronic surveillance.
"2524. Application for an order.
"2525. Issuance of an order.
"2526. Use of information.
"2527. Report of electronic surveillance."
ISTAT
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L
2521. Definitions
"(a) Except as otherwise provided in this section.the
definitions of section 2510 of this title shall apply to this
chapter.
"(b) As used in this chapter ---
"(1) 'Foreign power' means
"(A) a foreign government or any component
thereof, whether or not recognized by the United
States;
"(B) a faction of a foreign nation or nations,
not substantially composed
"(C) an entity, which
by a foreign government or
directed and controlled by
or governments;
of United States persons;
is openly acknowledged:
governments to be
such foreign government
"(D) a foreign-based terrorist group;
"'(E) a foreign-based political organization,
not substantially composed of United States persons;
"(F) an entity which is directed and controlled
by a foreign government or governments.
"(2) 'Agent of a foreign power' means --
"(A) a citizen of the United States or an
alien lawfully admitted for permanent residence
(as defined in section 101(a)(20) of the Immigration
and Nationality Act), who --
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"(i) kno?,ii- ig i y engages ? n clandes
intelligence activities for or on behalf of
a foreign power, or activities in-furtherance-
thereof, i1which activities involve or will involve
a violation of the criminal statutes of the
United' States;
"(ii) knowingly engages in activities that
involve or will involve sabotage or terrorism.
for or on behalf of a foreign power;
"(iii) knowingly collects or transmits infor-
mation or material pursuant to the direction of
an intelligence service or intelligence network
of a foreign power. in a manner intended to conceal
the nature of such information or material or
the fact of such transmission or collection,
under circumstances which indicate the trans-
mission of such information or material may be
harmful to the security or foreign policy of
the United States; or
"(iv) conspires with or knowingly aids
or abets any person engaged in activities
described in subsections A(i)-(iii) above.
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"(B) any person, outer than a United States
citizen or an alien lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act), who -_
"(i) is an officer or employee of a
foreign power;
"(ii) is engaged in clandestine
intelligence activities or activities
that involve or will involve sabotage,
or terrorism for or on behalf of a
foreign, power; or
't(ill) conspires with or knowingly
aids or abets a person described in
paragraph (ii) above or subsections
A(i)-(iii).
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"(3) 'Terrorism' means activities which --
"(A) are violent- acts or aces dangerous to
human life which would be criminal under the laws
of the United States or of any State if committed
within its jurisdiction; and
"(B) appear to be intended
"(i) to intimidate or coerce the civilian
population, or
"(ii) to influence the policy of a
government by intimidation or coercion.
"(4) 'Sabotage' means activities which would be
prohibited by title 18, United States Code, chapter 105,
if committed against the United States.
"(5) 'Foreign intelligence information' means --
deemed6necessary'J to the ability of the United States
to protect itself against, actual or potential attack
or other grave hostile acts of. a foreign power or an
agent of a foreign power;
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"(i3) information with respect to a foreign
power or foreign territory, which relates to, and
is deemed nV ess ry to
"(i) the national defense or the security
of the Nation; or
"(ii) the successful._Wonduct. of the foreign
affairs of the United States;
"(C) information which relates to, and is
deemed necessary to the ability of the United
States to protect against terrorism by a foreign.
power or an agent of a foreign power;
"(D) information which relates to, and is deemed
to the ability of the United States to pro-
tect against sabotage by a foreign power or an agent
of a foreign power; or
"(E) information which relates to, and is deemed
to the ability of the United States to
protect against. the clandestine intelligence ac-
tivities of an intelligence service or network of
a foreign power or an agent of a foreign power;
"(6) 'Electronic surveillance' means "(A) the acquisition by an electronic., mechanical,
or other surveillance device of the contents of arty
wire or radioLcommunication sent by or intended to
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be received by a particular, kno;n. United ,;rates
person in the United States w-7i thout the cor.tsent
of any party thereto, where the contents ar'a
acquired by intentionally targeting that United
States person, under circumstances in. whictt a
warrant would be constitutionally required if the
surveillance was not for foreign intelligence
purposes;
"(B) the acquisition by an electronic,
mechanical, or other surveillance device, of the
contents of any wire
person in the United
of any party thereto,
coram.tnication to or from a
States, without the consent
where such acquisition occurs
in the United States while the communication is
being transmitted by wire;
"(C) the intentional acquisition, by an'
electronic, mechanical, or other surveillance device,
of the contents of any radio communication, without
the consent of any party thereto, made under cir-
cumstances in which a Taarrant would be constitu-
tionally required if the surveillance was-riot for
foreign intelligence purposes, and where both
the sender and all intended recipients are located
within the United States; or
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"(D) 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 comRZUa.ication
ILLEGIB
under circumstances in which a warrant would be Ii
constitutionally required if the surveillance
was-not for foreign intelligence purposes..-
"(7) `Attorney General' means the Attorney General"
of the United States (or Acting Attorney General) or an
Assistant Attorney General specially designated in
writing by the Attorney General. -
"(8) 'Minimization procedures' means procedures
which are reasonably designed to minimize the acquisition,.
retention, and dissemination of any information concerning
United States persons without their consent that does
"(A) to protect itself against actual or po-
tential attack or other grave hostile acts ofa
foreign power or an agent of a foreign power;
not relate to the ability of the United States --
"(B) to provide for the national defense or-
security of the Nation;.
"(C) to provide for the conduct of the foreign
affairs of the United States;
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"(D) to protect against terrorism by a foreign
power or an agent of a foreig:- power;
"(E) to protect against sabotage by a foreign
power or an agent of a foreign po:'7er; or
`r(F) to protect against the clandestine in-
telligence activities of an intelligence service
or network of a foreign power or an agent of a
foreign power;
and which are reasonably designed to insure that information
which relates solely to the conduct of foreign affairs shall
not be maintained in such a manner as to permit the re-
trieval of such information by reference to a United
States person.
who was a party to a communication
acquired pursuant, to this chapter; and if the target of
the electronic surveillance is a foreign power which.
qualifies as such solely on the basis that it is an
entity controlled and directed by a foreign government
or governments, and unless there is probable cause to
believe that a substantial number of the-officers or
executives of such entity are officers or employees of
a foreign government, or agents of a foreign power as
defined in section 2521(b)(2)(B), procedures which are
reasonably designed to prevent the acquisition, retention,
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a substantial number of members of which are citizens of
and dissemination and to require the expunging of
communications of United States persons who are not
officers or executives of such entity responsible for
those areas of its activities which involve foreign in-
telligence information.
"(9) 'United States person' means a citizen of the
United States, an alien lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act), an'unincorporated associa'ion
the United States or aliens lawfully admitted for permanent,
residence or a corporation which is incorporated in the
United States, but not including corporations which are
foreign powers.
r'(10) 'United States' when used in a geographic sense
means all areas under the territorial sovereighty of the
United States, the Trust Territory of the Pacific Islands,
and the Panama Canal Zone.
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2522. Authorization for electronic surveillance for
foreign intelligence purp os ?s
Applications for a court order under this chapter
are authorized if the President has, by w itten authorization,
empowered the Attorney General to app:t oti e app_!_ic&tj s to
Federal judges having jurisdiction under section 2523 of this
chapter, and a judge to whom an application is made may grant
an order, in conformity with section 2525 of this chapter,
approving electronic surveillance of a foreign power or an
agent of a foreign power for the purpose of obtaining foreign
intelligence information.
'I? 2523. Designation of judges authorized to grant orders
for electronic surveillance
"(a) The Chief Justice of the United States shall publicly
designate seven district court judges, each of whom shall have
jurisdiction to hear applications for and grant orders approving
electronic surveillance anywhere within the United States under
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the procedures set forth in this chapter, except that no
judge designated under this subsection shall have jurisdiction
of an application for electronic surveil lance under this
chapter 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 chapter, such judge shall provide
immediately for the record a written statement of each reason
for his decision and, on motion of the United States, the
record shall be transmitted, under seal, to the special court
of review established in subsection (b).
"(b) The Chief Justice shall publicly designate three
judges, one of whom shall be publicly designated as the pre-
siding judge, from the United States district courts or courts
of appeals who together shall comprise a special court of
review which shall have jurisdiction to review the denial of
any application made under this chapter. If such special
court determines that the application was properly denied,
the special 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.
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"?.2524. Application for an order
"(a) 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 2523 of this chapter. Each appli-
cation shall require the approval ?5 roval of the Attorney General
(c) Proceedings under l ~~,, this chi ptur shall be conducted
as e~:peditiouslV as possible. The record of r
roceed:~nn u~,d
C,
this chapters including applicatiocs r:tad'e ^ .d. orders granted,
shall be scaled and maintained
under security measures established by the Chief Justice in
consultation with the Attorney General and the Director of Central.
-- --- - -~
:Lntelli(,---
based upon his finding that it satisfies the criteria and
requirements of such application as set forth in this chapter.
It shall include the following information
"(l) the identity of the Federal officer making
the application;
"(2) the authority conferred on the applicant. by
the President of the United States and the approval of
the Attorney General to make the application;
"(3) the identity or_.a description of the
targt of the electronic survei llahce;
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 IZ
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IJ(i,)
a s t1te11 en} /'~
l.. of the CZ L34 circLlal, J I.GLL1 4.'v ~+
J
relied upon by the applicant to justify his belief that --
"(A) the target of the electronic surveillance
is a foreign pocaer or an agent of a foreign power;
"(B) the facilities or the place at which the
electronic surveillance is directed are being used,
or are about to be used, by a. foreign power or an
agent of a foreign power;
"(5) a statement of the proposed minimization procedures;
"(6) -,alien the target of the surveillance is .not
a foreign power as defined in section 2521(b)(1)(A),
(B) or (C) , a,_ factual description of the nature of the
information sought;
"(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 em-
ployed in. the area of national security or defense and
appointed by the President with the advice and consent of
the Senate "(A) that the information sought is foreign
intelligence information;
"(B) that the purpose of the surveillance is
to obtain foreign intelligence information;
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"(C) that such infor_:atioa cannot feasibly
:v: i t
be obtained by normal _ lz s_l 7 _~at_.re techniques;
"(D) including a c_es gnatio~ of the type of
foreign intelligence information being sought ac-
cording to the categories described in section
2521(b) (5);
tr(E) when the 'target of the surveillance is
not a foreign power, as defined in section 2521
(b) (1) (A) , (B) , or (C), including a statement of
the basis for the certification. that --
"(i) the in for-mation sought is the.
type of foreign intelligence information
designated; and
"(ii) such information cannot feasibly
be obtained by normal investigative techniques;
"(F) when the target of the surveillance is
a foreign power, as define: in section 2521(b) (1) (A) ,
(B) ,
or (C), stating
the period of time for
which the _surveillance is required to be maintained;
11(8) when the target o-',-- the surveillance is not
a foreign power, as defined in section 2521(b) (1) (A) ,
(B) or (C) a statement of the means by which the
surveillance will be effected;
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"(9) a statement of the facts con ce_rin- all
previous applications that have been rude to any judge
of r^
under this chapter involving any or the -peeons,
facilities, or places specified in the application,
and the action taken on each previous application; and
7
"(10) ~rnen the target of the surveillance is not a
foreign power, as defined in section 2521(b)(l)(A),
(B), or (C), a statement of the period of time for which
the electronic surveillance is required to be maintained.
If the nature of the intelligence gathering is such that
the approval of the use of electronic surveillance under
this chapter should not automatically terminate when
the described type of-information has first been obtained,
a description of facts supporting the belief that addi-
tional information of the same type will be obtained
thereafter.
"(b) The Attorney General may require a--,.y other affidavit
or certification from any other officer in connection with
the application.
"(c) The judge may require the applicant to furnish such
other information as may be necessary to make the
determinations required by section 2525 of this chapter.
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2525. Issuance of an order
"(a) Upon an application made pursuant to section 2524
of this title, the judge shall enter an ex paste 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- bathe 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 powr or an. agent of a foreign power; and
..
"(S) the facilities or place at which the elec-
tronic surveillance is directed are being used, or
are about to be used, by a foreign-power or an agent
of a foreign. power; j
"(4) the proposed minimization procedures meet the
definition of minimizatism procedures under section 2521(b) (8)
of this title;
"(5) the application which has been filed. contains
the descriation and certification or certifications,
specified in section 2524(a)(7) and, if the target
is a United States person, the certification or
certifications are not arbitrary or capricious on
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the basis of the statement. made under section
2524(a) (7) (E)
"(b) An order approving an el c~tronic s-rveillanee under
this section shall --
"(1) specify --
"(A) the identity or a description of
the target of the electronic surveillance;
"(B) the nature and location of the facilities
or the place at which the electronic surveillance
will be directed;
"(C) the type of information sought to be
acquired;
"(D) when the target of the surveillance is
not a foreign power, as defined irn section 2521
(b)(1)(A), (B), or (C), the means by which the
electronic surveillance will be effected; and
"( ) the during which the elec-
tronic surveillance is approved; 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, contractor, or other specified
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person furnish the applicant fcr th.;ith any and all
iufOrmati.on., facili.tie O"_ techr:_ca _;sista ca
,
necessary to accomplish the electronic surveillance
in such manner as will protect its secrecy and
produce a minimum of interference :?:ith the services
that such carrier, landlord, custodian, contractor,
or other person is providing that target of elec-
tronic surveillance; and
"(C) that the applicant compensate, at the
prevailing rate, such carrier, landlord, custodian,
or other person for furnishing such aid.
"(c) An order issued under this section may approve an
electronic surveillance not targeted against a foreign power,
as defined in section 2521(b)(l)(A), (B), or (C), for the
period or.----Forx.nanety days,
whichever is less; an order under this section shall approve
an electronic, surveillance targeted against aforei
as defined in section 2521(b)(1)(A), (B), or (C) for the
period specified in the certification. requiredit- section
2524(a)(7)(F), or for(one ear whichever is less. Ex-
tensions of an order issued under this chapter may he granted
on the-same basis as an original order upon an application
for an extension made in the same manner
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is
as required for an original application and after new findings
required by subsection (a) of this section. In connection
with the new findings of probable cause, the judge may require
the applicant to submit information obtainYc pursuant to the
original order or to any previous extensions, or any other
information or evidence,__as..-he.._ fin15 . necessary to make such
new findings.
"(d) 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 au-
thorizing such surveillance can with due diligence be
obtained, and
"(2) the factual basis fo= issuance of an order
under this chapter to approve such surveillance exists,
he may authorize the emergency employment of electronic
surveillance if a judge designated pursuant to section 2523
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19
of this chapter is informed by i h e Attorney General or his
designate 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 acquisition. 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 infor-
mation 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, wb.ichever
is earliest. In the event that such application for approval is
denied, or in any other case where the electronic surveillance
is terminated without an order having been issued, no infor-
mation 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,
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a State or a political subdivision tIereof. A denial of
the application made under this subsection may be reviewed
as provided in section 2523.
2526. Use of information
"(a) Information concerning United States persons
acquired from an electronic surveillance conducted pursuant
to this chapter may be used and disclosed by Federal
officers and employees only for purposes specified
in section 2521(b)(8)(A)-(F), or for the enforcement of the
criminal law. No otherwise privileged co-~~L;nication obtained
in accordance with, or in violation of, the provisions of this
chapter shall lose its privileged character.
"(b) The minimization procedures required under this
chapter shall not preclude the retention and disclosure, for
law enforcement purposes, of any information which constitutes
evidence of a crime if such disclosure is accompanied by a
statement that such evidence, or any information derived
therefrom, may only be used in a criminal proceeding with
the advance authorization of the Attorney General.
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"(c) Mhanever the Government intends to enter into
evidence or otherwise use or discio3e in any trim , hearing,
or other proceeding in or before any Court dep r t en ,
officer, agency, or other authority of the United States,
any information obtained or derived from an electronic
surveillance, the Government shall prior to the trim,
hearing, or other proceeding or at a reasonable tine prior
to an effort to so disclose or so use the informal i on or submit
it in evidence notify the court in which the irformati on is
to be disclosed or used or, if the information is to be
disclosed or used in or before another authority, shall-
notify a court in the district wherein the information is
to be so disclosed or so used that the Government intends to so dis-
c ose or so use such Lnformati.orz, t?,,._en.eu._ any ccu--.t is so
notified, or whenever a motion is made pursuant to ? 3504
of this title, or any other statute or rule of the United
States to suppress evidence on the grounds that it was ob-
tained or derived from an unlawful electronic surveillance,
the court, or where the motion is made before another authority,
a court in the same district as the authority, shall, if
the Government by affidavit asserts that an adversary hearing
would damage the national security or the foreign relations
of the United States, review in camera and ex parte the
application, order, and transcript of the surveillance to
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determine whether the surveillance was authorized and
conducted in a manner that did not violate any right afforded
b;- the Constitution and Statutes Of t1?e UnS't_ -eS Co t,
~. _ the
person aggrieved; provided that, in making this determination,
the court may disclose to the aggrieved person portions of
the application, order, or transcript only in comp`lling
situations where the harm to national security is outweighed
by the requirements of due process in that particular case.
If the court determines that the electronic surveillance of
the person aggrieved was conducted unlawfully, the court shall
suppress that information which was obtained or derived un-
lawfully from the electronic surveillance of the person aggrieved.
"(d) If an emergency employment of the electronic
surveillance is authorized under section 2525(d) 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 surveill a_nce; and
"(3) the fact that during the period information
was or was not obtained.
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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.
2527. Report of electronic surveillance
In April of each year, the Attorney General shall
report to the Administrative Office of the United States
Courts and shall transmit to Congress with respect to the
preceding calendar year --
"(1) the number of applications made for orders
and extensions of orders approving electronic sur-
veillance;
"(2) the number of such orders and extensions
granted, modified, and denied; and
"(3) the number of such surveillances terminated
during the preceding year.
/5....~-.~.-^eP-^~-G+4.. +~.r ++^rV /`'~.._~' r~,r14r __,+fl-.-'~.-~--ga"rJ 1,'
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SEC. 3. . The provisions of this Act and the amendment
made hereby shall become effective upon enactment: Provided,
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
chapter 120, title 18, United States Code, if that surveillance
is terminated or an order approving that surveillance is
obtained under this chapter within ninety days following the
designation of the first judge pursuant to section 2523 of
chapter 120, title 18, United States Code..
SEC. 4. Chapter 119 of title 18, United States Code,
.is amended as follows:
(a) Section 2511(1) is amended --
.(1) by inserting "or chapter 120 or as otherwise
authorized by a search warrant or order of a court of
competent jurisdiction," imaiediately after "chapter" in
the first sentence;
(2) by inserting a comma and "or, under color of
law, willfully engages in any other form of electronic
surveillance as defined in chapter 120" immediately
before the semicolon in paragraph (a);
(3) by inserting "or information obtained under
color of law by any other form of electronic surveillance
as defined in chapter 120" immediately after "contents
of any wire or oral communication" in paragraph (c);
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(4) by inserting; "or any other form of electronic
surveillance, as defined in chapter 120,'' 'imme i_ately
before 11 n violation." in paragraph (c)
(5) by inserting "or information obtained under
color of law by any other form of electronic surveil-
lance as defined in chapter 120" immediately after
"any wire or oral communication" in paragraph (d);
(6) by inserting "or any other form of electronic
surveillance, as defined in chapter 120," immediately
before "in violation" in paragraph (d)-
(b)(1) Section 251-1(2) (a) (i) is amended by insert-
._i,ng the words "or radio comp unication" after the words
"wire communication" and by inserting the :words "or
otherwise acquire" after the word "intercept."
(2) Section 2511(2)(a)(ii) is amended by inserting
the words "or chapter 120" after the second appearance
of the word "chapter," and by striking the period at the
end thereof and adding the follow,,-iv-g- "or engage in elec-
tronic surveillance, as defined in chapter 120: Provided,
however, That before the information, facilities, or
technical assistance may be provided, the investigative
or law enforcement officer shall furnish to the officer,
employee, or agency of the carrier either --
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 .. _,.... .- --- % , I
sworn statement by the investigative
of chapter' 120, a
or law enforcemenp officer certifying that the
applicable statutory requirements have been net,
and setting forth the period of time for which the electronic
surveillance is authori:zed and describing the facilities
aLion is to be acquired.`.-An y `-`~; `-=
from which the communic -.----___---
vcilation of this subs-=ction by a communication common
carrier or an officer, employee, or agency thereof, shall
render the carrier liaOLe for the civil damages provided
for in section 2520." -
(c) (l) Section 25:1(2) (b) is amended by inserting
the words "or otherwis%` engage in electronic surveillance,
as defined in chapter J-20," after-the word "radio."
(2) Section 2511(2)(c) is amended by inserting the
? ~tronic surveillance, as defined
word or engage in elec_
in chapter 120," after the words "oral communication" and
by inserting the words "or such surveillance" after the
last word in the paragraph and before the period.
he
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signed by the authorizing
judge certifying hat a court order directing
4s been issued; or
such assistance hc
"(2) in the ,.ase of an emergency interception
or electronic surveillance as provided for in
't(1) an orde
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(3) Section 2511(2) is amended by adding at the
end of the section the following provision:
11(e) Notwithstanding any other prot-isior of
this title or sections 605 or 606 of the Communi--
cations Act of 1934, it shall not be unlawful for
an officer,, employee, or agent of the United States
in the normal course of his official duty to conduct
electronic surveillance as defined in section 2521
(b) (6) of chapter 120 without a court order for the
sole purpose of:
"(i) testing the capability of electmnic
equipment, provided that the test period shall
be limited in extent and duration to that
necessary to determine the capability of the
equipment, that the content of any communication
acquired under this paragraph shall be retained
and used only for the purpose of determining
the capability of such equipment, shall be
disclosed only to the persons conducting the
test, and shall be destroyed upon completion
of the testing, and that the test may exceed
ninety clays only with the prior approval of the
Attorney General; or
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 G U
i l l f~U n 1rti-~i f to P'.,' i C ~Y1CP ^T1
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capability of electrc is surveillance equipment
being used unla,sfully, , provided that such
electronic surveillance shall be limited in
extent and duration to that necessary to
determine the existence and capability of
such equipment, and that any information
acquired by such surveillance shall be used
only to enforce this chapter or section 605
of the Communications Act of 1934 or to protect
information from unlawful electronic surveillance."
(d) Section 2511(3) is repealed; provided that,.
nothing contained in chapter 119 of title 18, United
.,States Code, or section 605 of the Communications Act
of 1934 (47 U . S . C. ? 605) shall be deemed to affect the
acquisition by the United States Goverrtment of foreign
intelligence information from inter-national. comaunica
tions by a means other than electronic surveillance
as defined in section. 2521(b) (6) of title 18, United
State Code, as amended by this Act, and the procedures
in chapters 119 and 120 of. title 18, United States Code,
as amended by this Act, shall be the exclusive means
by 'which. electronic surveillance, as defined in section
2521(b)(6) of chapter 120, and the interception...of wire.
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 and oral communications, as daftned in section 2510
of chapt :C 119, may be conduct- ac! the United
States.
(e) Section 2515 is amend.=1 by inserting the words
"or elec Gronic surveillance as defined in chapter 120,
has been made" after the word "intercepted" and by i-a-
serting the words "or other in--Formation obtained from
electronic surveillance, as defined in chapter 120,"
after the second appearance of the word "communication".
(f) Section 2518(1) is amended by inserting the
words "Cruder this chapter" after the word "comnunicaticr0".
_. .. (g) Section 2518.(4) is amended by Inserting the
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-
words "under this chapter" after both appearances of the
.words
".,ire or oral communication".
(h) Section 2518(9) is amended by striking the: word
'r intercepted'q and inserting the words "intercepted pur--
suant to this chapter" after the word " communication" .
(i) Section 2518 (10). is amended by striking the
word. "=intercepted" and inserting the words "intercepted
pursuant to this chapter" after the first appearance of
the -word "communication".
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(j) Section 2519(3) is amender by inserting the. words
"pursuant to this chapter" after the words "wire or oral
com.Cmmunications" and after the ,,or=es "n-=Led or denied".
(k) Section 2520 is amended by deleting all before-
subsection (2) and inserting in lieu thereof: "any person
other than a foreign power or an agent of a foreign power
C~v
(B) of
as defined in sections 2521(b) (1) and 2521(b)(2)
chapter 120, who has been subject to electronic sur--. .
veill.ance, as defined in chapter 120, or whose wire or
oral communication has been intercepted, or about whom
information has been disclosed or used, in violation of
this chapter, shall (1) have a civil cause of action
against any person who- so acted in. violation of this
chapter and".
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