PUBLIC LAW 95-511—OCT. 25, 1978
(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 101(a) (1), (2), or (3) ;
(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 101(h); 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 108 (a).
(3) The Attorney General shall immediately transmit under seal to
the court established under section 103(a) 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 101(h) (4) and 104; or
(B) the certification is necessary to determine the legality of
the surveillance under section 106(f).
(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 title are authorized
if the President has, by written authorization, empowered the Attormy General to approve applications to the court having jurisdiction
under section 103, and a judge to whom an application is made may,
notwithstanding any other law, grant an order, in conformity with
section 105, 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 jurisdic-
92 STAT. 1787
Report to
congressional
committees.
Report to
congressional
committees.
Communication
common carrier,
duties.
Compensation.
Applications
approval.