THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 (H.R. 7308) FACT SHEET

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000100060029-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 19, 2016
• Sequence Number: 29
• Content Type: REGULATIONS/INSTRUCTIONS/NOTICES/FIELD NOTICES

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THE FOREIGN INTELLIGEP3CE SURVE:CI'~LANCE ACT
OF 1978
(II..R. 7308)
Status:
H. R. 7308 is currently scheduled for floor action before the sur~n-ier
recess. The bill was developed by Attorney General Levi during the
Ford Administration and improved by Attorney.General Bel_1 after close
consultation with the intelligence community, and members of Congress.
Under t'rze leadership of Senators Kennedy, Thurmond, Bayh, and Garn the
Senate counterpart of this bill (S. 1566) was passed on April 20, 1978
by a vote of 95-1. H.R. 7308 is strongly supported by the Attorney
General, the Secretary of Defense, the Director of Central Intelligence,
the Director of NSA;"' and the Director of the F'BI.
Purpose:
1. The bill will remove any doubt about the legality of electronic
surveillance in the United States for foreign intelligence purposes.
'T'his will facilitate intelligence collection by assuring F13T field
agents and others involved in these activities that their acts are
authorized by statute and, if a U.S. person's conununications are
concerned, by a court order. '
2. It will clarify the executive's authorit to
y ga~~.her foreign.
intelligence by electronic surveillance in the United States. The few
court decisions in this area do not accomplish this with anything
approaching the precision of this legislation. The current state_ of
ambiguity hinders-intelligence activities. Legitimate governmental
action against foreign espionage and international terrorism is some-
times curtailed due to doubts concerning legality.
3. It will reassure the American people that their privacy twill
be protected by~ appropriate standards and procedures far foreign
intelligence electronic surveillance, established by Congress in a
public law.
4. It is a carefully designed, thoroughly consa_dered bill that
has the support of the intelligence agencies that. must function under it
and of-those groups that have been most concerned about the proper use
nf' electronic surveillance for fore_i.gn intelligence purposes. The bill
strikes the proper balance between -the vital interest of protecting
the national security and protecting the civil liberties of U.S. persons.
Pr?visions of the Bill
The bill requires a prior judicial warrant for all electronic sur-~
veillance for foreign intelligence or counterinte7.ligence (including
iraternatianal terrorism) purposes in the United Stares in which there is
a possibility that a communicata.on of; U.S. persons might be intercepted.
A House Intelligence Committee amendment requires only Attorney General
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F'C)RE,IGN INTELLIGENCE SURVEILLAidCE ACT -?- ~"AC:~C' SIIEET
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approval, as opposed to a court order, for surveillances which cover
communications exclusively between or among official foreign power
entities . ;'
The bill. authorizes the Attorney General to apply for an ardor
approving the use of electronic surveillance to a Special Court com-
posed of federal district court judges designated by the CYiief Justice.
Standards for granting such orders are set :Forth in the will. The
bill requires the Court to operate under tight security procedures
established in consultation with the Attorney General and the Direcf.or .
of Central Intelligence.
An order will issue upon a finding of probable cause to believe, ~l_hat
the target of the surveillance is a "foreign power" or an ".agent of a
foreign power.'? A~'~`foreign power" includes a foreign government, a
faction of a foreign government, a group engaged in international
terrorism, a foreign-based political organization, or an entity can-- ,
tralled.by a foreign government. D1an-resident alien officers, members,
or employees of foreign powers are "agents of a foreign power.'?
A. U.5. person may be an "agent of a foreign power" if engaged in
clandestine intelligence activities on behalf of a foreign power_ which
involve or may involve a federal criminal violation. This is-the so-
called criminal standard -- the requirement that before a U.S. person
can be surveilled there must exist some nexus between the activities
forming- the basis for the surveillance and a violation of the criminal
law. This provision has its greatest impact on the FUI and the k3ureau
is convinced that it is a significant improvement over prior versions
of the bill.
.s w
Surveillance of U.S. persons and non--official foreign powers must
be reauthorized after ninety days. Where the target of a surveillance
is an official foreign power, less detailed information is`required
to be submitted to the court and surveillance may continue for tYp to
one year before reappraval.
The bill requires "minimization procedures" to limit the acquisition
retention, and dissemination of irrelevant information concerning
U.S. persons.
The bill requires the House and Senate Intelligence Committees
to be provided sufficient information for oversight purposes and
also requires periodic`statistical reporting.
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