National Aeronautics and Space Administration

NASA

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For other uses, see NASA (disambiguation).

Coordinates: 38°52′59″N 77°0′59″W / 38.88306°N 77.01639°W / 38.88306; -77.01639

National Aeronautics and Space Administration
NASA seal
NASA insignia Motto: For the Benefit of All[1]
Agency overview
Formed	July 29, 1958 (1958-07-29) (52 years ago)
Preceding agency	NACA
Jurisdiction	United States government
Headquarters	Washington, D.C. 38°52′59″N 77°0′59″W / 38.88306°N 77.01639°W / 38.88306; -77.01639
Employees	17,900[2]
Annual budget	US$17.6 billion (FY 2009)[3] See also NASA Budget
Agency executives	Charles Bolden, administrator Lori Garver, deputy administrator
Website
www.nasa.gov

The National Aeronautics and Space Administration (NASA, pronounced /ˈnæsə/) is an Executive Branch agency of the United States government, responsible for the nation’s civilian space program and aeronautics and aerospace research. Since February 2006, NASA’s self-described mission statement is to “pioneer the future in space exploration, scientific discovery and aeronautics research.”^[4]

NASA was established by the National Aeronautics and Space Act on July 29, 1958, replacing its predecessor, the National Advisory Committee for Aeronautics (NACA). The agency became operational on October 1, 1958.^[5][6] NASA has led U.S. efforts for space exploration since, including the Apollo moon-landing missions, the Skylab space station, and later the Space Shuttle. Currently, NASA is supporting the International Space Station and has been developing the manned Orion spacecraft.

NASA science is focused on better understanding Earth through the Earth Observing System,^[7] advancing heliophysics through the efforts of the Science Mission Directorate’s Heliophysics Research Program,^[8] exploring bodies throughout the Solar System with advanced robotic missions such as New Horizons,^[9] and researching astrophysics topics, such as the Big Bang, through the Great Observatories and associated programs.^[10] NASA shares data with various national and international organizations such as from the Greenhouse Gases Observing Satellite.

Contents [show] 1 History 1.1 Space race 1.2 NACA 1.3 NASA 1.4 NASA programs 1.4.1 Manned programs 1.4.1.1 Project Mercury 1.4.1.2 Project Gemini 1.4.1.3 Apollo program 1.4.1.4 Skylab 1.4.1.5 ASTP 1.4.1.6 Space Shuttle program 1.4.1.7 International Space Station 1.4.2 Unmanned programs 1.4.2.1 Mariner program 1.4.2.2 Pioneer program 1.4.2.3 Voyager program 1.4.2.4 Viking program 1.4.2.5 Helios probes 1.4.2.6 Hubble Space Telescope 1.4.2.7 Magellan probe 1.4.2.8 Galileo probe 1.4.2.9 Mars Global Surveyor 1.4.2.10 Mars Pathfinder 1.4.2.11 Mars Exploration Rovers 1.4.2.12 New Horizons probe 2 NASA’s future 2.1 Vision for Space Exploration 2.2 Moon base 2.3 Human exploration of Mars 2.4 Recent developments 3 Mission statement and vision 3.1 Controversy 4 Leadership 5 Facilities 5.1 Research centers 5.2 Test facilities 5.3 Construction and launch facilities 5.4 Deep Space Network 6 NASA science 6.1 Ozone depletion 6.2 Salt evaporation and energy management 6.3 Medicine in space 6.4 Earth Science Enterprise 7 Awards and decorations 8 See also 9 References 10 External links

[edit] History

[edit] Space race

Main article: Space Race

After the Soviet space program‘s launch of the world’s first artificial satellite (Sputnik 1) on October 4, 1957, the attention of the United States turned toward its own fledgling space efforts. The U.S. Congress, alarmed by the perceived threat to national security and technological leadership (known as the “Sputnik crisis“), urged immediate and swift action; President Dwight D. Eisenhower and his advisers counseled more deliberate measures. Several months of debate produced an agreement that a new federal agency was needed to conduct all non-military activity in space. The Advanced Research Projects Agency (ARPA) was also created at this time to develop space technology for military application.

[edit] NACA

Main article: National Advisory Committee for Aeronautics

From late 1957 to early 1958, the National Advisory Committee for Aeronautics (NACA) began studying what a new non-military space agency would entail, as well as what its role might be, and assigned several committees to review the concept.^[6] On January 12, 1958, NACA organized a “Special Committee on Space Technology”, headed by Guyford Stever.^[6] Stever’s committee included consultation from the Army Ballistic Missile Agency‘s large booster program, referred to as the Working Group on Vehicular Program, headed by Wernher von Braun,^[6] a German scientist who became a naturalized US citizen after World War II.

On January 14, 1958, NACA Director Hugh Dryden published “A National Research Program for Space Technology” stating:^[11]

“

It is of great urgency and importance to our country both from consideration of our prestige as a nation as well as military necessity that this challenge [Sputnik] be met by an energetic program of research and development for the conquest of space… It is accordingly proposed that the scientific research be the responsibility of a national civilian agency… NACA is capable, by rapid extension and expansion of its effort, of providing leadership in space technology.[11]

”

Explorer 1, first US satellite

Launched on January 31, 1958, Explorer 1, officially Satellite 1958 Alpha, became the U.S.’s first earth satellite.^[12] The Explorer 1 payload consisted of the Iowa Cosmic Ray Instrument without a tape data recorder which was not modified in time to make it onto the satellite.

On March 5, PSAC Chairman James Killian wrote a memorandum to President Eisenhower, entitled “Organization for Civil Space Programs”, encouraging the creation of a civil space program based upon a “strengthened and redesignated” NACA which could expand its research program “with a minimum of delay.”^[11] In late March, a NACA report entitled “Suggestions for a Space Program” included recommendations for subsequently developing a hydrogen fluorine fueled rocket of 4,450,000 newtons (1,000,000 lb_f) thrust designed with second and third stages.^[6]

In April 1958, Eisenhower delivered to the U.S. Congress an executive address favoring a national civilian space agency and submitted a bill to create a “National Aeronautical and Space Agency.”^[6] NACA’s former role of research alone would change to include large-scale development, management, and operations.^[6] The U.S. Congress passed the bill, somewhat reworded, as the National Aeronautics and Space Act of 1958, on July 16.^[6] Only two days later von Braun’s Working Group submitted a preliminary report severely criticizing the duplication of efforts and lack of coordination among various organizations assigned to the United States’ space programs.^[6] Stever’s Committee on Space Technology concurred with the criticisms of the von Braun Group (a final draft was published several months later, in October).^[6]

[edit] NASA

President Kennedy, Vice President Johnson and other officials at the Launch Operations Center’s LC-34 blockhouse during a 1962 tour

On July 29, 1958, Eisenhower signed the National Aeronautics and Space Act, establishing NASA. When it began operations on October 1, 1958, NASA absorbed the 46-year-old NACA intact; its 8,000 employees, an annual budget of US$100 million, three major research laboratories (Langley Aeronautical Laboratory, Ames Aeronautical Laboratory, and Lewis Flight Propulsion Laboratory) and two small test facilities.^[13]

Elements of the Army Ballistic Missile Agency, of which von Braun’s team was a part, and the Naval Research Laboratory were incorporated into NASA. A significant contributor to NASA’s entry into the Space Race with the Soviet Union was the technology from the German rocket program (led by von Braun) which in turn incorporated the technology of Robert Goddard‘s earlier works.^[14] Earlier research efforts within the U.S. Air Force^[13] and many of ARPA’s early space programs were also transferred to NASA.^[15] In December 1958, NASA gained control of the Jet Propulsion Laboratory, a contractor facility operated by the California Institute of Technology.^[13]

May 5, 1961 launch of Redstone rocket and Freedom 7 with Alan Shepard on first US manned sub-orbital spaceflight

[edit] NASA programs

Main article: List of NASA missions

[edit] Manned programs

[edit] Project Mercury

Main article: Project Mercury

Conducted under the pressure of the competition between the U.S. and the Soviet Union that existed during the Cold War, Project Mercury was initiated in 1958 and started NASA down the path of human space exploration with missions designed to discover if man could survive in space. Representatives from the U.S. Army, Navy, and Air Force were selected to provide assistance to NASA. Pilot selections were facilitated through coordination with U.S. defense research, contracting, and military test pilot programs. On May 5, 1961, astronaut Alan Shepard became the first American in space when he piloted Freedom 7 on a 15-minute suborbital flight.^[16] John Glenn became the first American to orbit the Earth on February 20, 1962 during the flight of Friendship 7.^[17] Three more orbital flights followed.

[edit] Project Gemini

Launch of Gemini 1

Main article: Project Gemini

Project Gemini focused on conducting experiments and developing and practicing techniques required for lunar missions. The first Gemini flight with astronauts on board, Gemini 3, was flown by Gus Grissom and John Young on March 23, 1965.^[18] Nine missions followed, showing that long-duration human space flight and rendezvous and docking with another vehicle in space were possible, and gathering medical data on the effects of weightlessness on humans.^[19][20] Gemini missions included the first American spacewalks, and new orbital maneuvers including rendezvous and docking.

The Apollo 11-Saturn V space vehicle lifts off on July 16, 1969.

[edit] Apollo program

Main article: Apollo program

The Apollo program landed the first humans on Earth’s Moon. Apollo 11 landed on the moon on July 20, 1969 with astronauts Neil Armstrong and Buzz Aldrin, while Michael Collins orbited above. Five subsequent Apollo missions also landed astronauts on the Moon, the last in December 1972. In these six Apollo spaceflights twelve men walked on the Moon. These missions returned a wealth of scientific data and 381.7 kilograms (842 lb) of lunar samples. Experiments included soil mechanics, meteoroids, seismic, heat flow, lunar ranging, magnetic fields, and solar wind experiments.^[21]

Apollo 11 Lunar Module Pilot Buzz Aldrin salutes US flag

Apollo set major milestones in human spaceflight. It stands alone in sending manned missions beyond low Earth orbit, and landing humans on another celestial body.^[22] Apollo 8 was the first manned spacecraft to orbit another celestial body, while Apollo 17 marked the last moonwalk and the last manned mission beyond low Earth orbit. The program spurred advances in many areas of technology peripheral to rocketry and manned spaceflight, including avionics, telecommunications, and computers. Apollo sparked interest in many fields of engineering and left many physical facilities and machines developed for the program as landmarks. Many objects and artifacts from the program are on display at various locations throughout the world, notably at the Smithsonian’s Air and Space Museums.

NASA’s Skylab space station

[edit] Skylab

Main article: Skylab

Skylab was the first space station the United States launched into orbit.^[23] The 100 short tons (91 t) station was in Earth orbit from 1973 to 1979, and was visited by crews three times, in 1973 and 1974.^[23] It included a laboratory for studying the effects of microgravity, and a solar observatory.^[23] A Space Shuttle was planned to dock with and elevate Skylab to a higher safe altitude, but Skylab reentered the atmosphere and was destroyed in 1979, before the first shuttle could be launched.^[24]

[edit] ASTP

Main article: Apollo-Soyuz Test Project

The Apollo-Soyuz Test Project (ASTP) was the first joint flight of the U.S. and Soviet space programs. The mission took place in July 1975. For the United States, it was the last Apollo flight, as well as the last manned space launch until the flight of the first Space Shuttle in April 1981.^[25]

[edit] Space Shuttle program

The first space shuttle launch, April 12, 1981

Main article: Space Shuttle program

The Space Shuttle became the major focus of NASA in the late 1970s and the 1980s. Planned as a frequently launchable and mostly reusable vehicle, four space shuttle orbiters were built by 1985. The first to launch, Columbia, did so on April 12, 1981.^[26]

NASA “worm” logo used 1975–1992

In 1995 Russian-American interaction resumed with the Shuttle-Mir missions. Once more an American vehicle docked with a Russian craft, this time a full-fledged space station. This cooperation continues to today, with Russia and America the two biggest partners in the largest space station ever built: the International Space Station (ISS). The strength of their cooperation on this project was even more evident when NASA began relying on Russian launch vehicles to service the ISS during the two-year grounding of the shuttle fleet following the 2003 Space Shuttle Columbia disaster.

The shuttle fleet lost two orbiters and 14 astronauts in two disasters: Challenger in 1986, and Columbia in 2003.^[27] While the 1986 loss was mitigated by building the Space Shuttle Endeavour from replacement parts, NASA did not build another orbiter to replace the second loss.^[27] NASA’s shuttle program has made 132 successful launches as of May 2010^[update].

The International Space Station

[edit] International Space Station

Main article: International Space Station program

The International Space Station (ISS) is an internationally developed research facility currently being assembled in Low Earth Orbit. On-orbit construction of the station began in 1998 and is scheduled to be completed by 2011, with operations continuing until at least 2015.^[28] The station can be seen from the Earth with the naked eye, and, as of 2009^[update], is the largest artificial satellite in Earth orbit, with a mass larger than that of any previous space station.

The ISS is operated as a joint project among NASA, the Russian Federal Space Agency, the Japan Aerospace Exploration Agency, the Canadian Space Agency, and the European Space Agency (ESA). Ownership and utilization of the space station is set out via several intergovernmental treaties and agreements, with the Russian Federation retaining full ownership of its own modules, and the rest of the station being allocated among the other international partners. The International Space Station relied on the Shuttle fleet for all major construction shipments.

The cost of the station project has been estimated by ESA as €100 billion over a course of 30 years, although cost estimates vary between 35 billion dollars and 160 billion dollars, making the ISS the most expensive object ever constructed.

International Atomic Energy Agency

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International Atomic Energy Agency
The IAEA flag
Org type	Organization
Acronyms	IAEA
Head	Yukiya Amano
Status	Active
Established	1957
Headquarters	Vienna, Austria
Website	www.iaea.org

The International Atomic Energy Agency (IAEA) is an international organization that seeks to promote the peaceful use of nuclear energy, and to inhibit its use for any military purpose, including nuclear weapons. The IAEA was established as an autonomous organization on 29 July 1957. Though established independently of the United Nations through its own international treaty, the IAEA Statute,^[1] the IAEA reports to both the UN General Assembly and Security Council.

The IAEA has its headquarters in Vienna, Austria. The IAEA has two “Regional Safeguards Offices” which are located in Toronto, Ontario, Canada, and in Tokyo, Japan. The IAEA also has two liaison offices which are located in New York City, New York, and in Geneva, Switzerland. In addition, the IAEA has three laboratories located in Vienna and Seibersdorf, Austria, and in Monaco.

The IAEA serves as an intergovernmental forum for scientific and technical cooperation in the peaceful use of nuclear technology and nuclear power worldwide. The programs of the IAEA encourage the development of the peaceful applications of nuclear technology, provide international safeguards against misuse of nuclear technology and nuclear materials, and promote nuclear safety (including radiation protection) and nuclear security standards and their implementation.

The IAEA and its former Director General, Mohamed ElBaradei, were jointly awarded the Nobel Peace Prize that was awarded on October 7, 2005. The IAEA’s current Director General is Yukiya Amano.

Contents [show] 1 History 2 Structure and function 2.1 General 2.2 Board of Governors 2.3 General Conference 2.4 Secretariat 3 Membership 4 List of Directors General 5 See also 6 References 6.1 Notes 6.2 Works cited 7 External links

[edit] History

IAEA headquarters since 1979, Vienna, Austria

In 1953, the President of the United States, Dwight D. Eisenhower, proposed the creation of an international body to both regulate and promote the peaceful use of atomic power (nuclear power), in his Atoms for Peace^[2] In September 1954, the United States proposed to the General Assembly the creation of an international agency to take control of fissile material, which could be used either for nuclear power or for nuclear weapons. This agency would establish a kind of “nuclear bank.” address to the UN General Assembly.

The United States also called for an international scientific conference on all of the peaceful aspects of nuclear power. By November 1954, it had become clear that the Soviet Union would reject any international custody of fissile material, but that a clearing house for nuclear transactions might be possible. From August 8 to August 20, 1955, the United Nations held the International Conference on the Peaceful Uses of Atomic Energy in Geneva, Switzerland. During 1956, an IAEA Statute Conference was held to draft the founding documents for the IAEA, and the IAEA Statute was completed at a conference in 1957.

Beginning in 1986, in response to the nuclear reactor explosion and disaster near Chernobyl, Ukraine, the IAEA redoubled its efforts in the field of nuclear safety.

Former U.S. Congressman W. Sterling Cole served as the IAEA’s first Director General from 1957 to 1961. Mr. Cole served only one term, after which the IAEA was headed by two Swedes for nearly four decades: the scientist Sigvard Eklund held the job from 1961 to 1981, followed by former Swedish Foreign Minister Hans Blix, who served from 1981 to 1997. Mr. Blix was succeeded as Director General by Mohamed ElBaradei of Egypt, who served until November 2009.^[3]

Both the IAEA and its former Director General, Mr. ElBaradei, were awarded the Nobel Peace Prize in 2005. In ElBaradei’s acceptance speech in Stockholm, he stated that only one percent of the money spent on developing new weapons would be enough to feed the entire world, and that, if we hope to escape self-destruction, then nuclear weapons should have no place in our collective conscience, and no role in our security.^[4]

On July 2, 2009, Mr. Yukiya Amano of Japan was elected as the Director General for the IAEA ^[5], defeating Abdul Samad Minty of South Africa and Luis E. Echávarri‎ of Spain. On 3 July 2009, the Board of Governors voted to appoint Yukiya Amano “by acclamation,” and IAEA General Conference in September 2009 approved. He took office on 1 December 2009.^{[6] [7] [8]}

[edit] Structure and function

IAEA headquarters

[edit] General

The IAEA’s mission is guided by the interests and needs of Member States, strategic plans and the vision embodied in the IAEA Statute (see below). Three main pillars – or areas of work – underpin the IAEA’s mission: Safety and Security; Science and Technology; and Safeguards and Verification.

The IAEA as an autonomous organization is not under direct control of the UN, but the IAEA does report to both the UN General Assembly and Security Council. Unlike most other specialized international agencies, the IAEA does much of its work with the Security Council, and not with the United Nations Economic and Social Council. The structure and functions of the IAEA are defined by its founding document, the IAEA Statute (see below). The IAEA has three main bodies: the Board of Governors, the General Conference, and the Secretariat.

In 2004, the IAEA developed a Programme of Action for Cancer Therapy (PACT). PACT responds to the needs of developing countries to establish, to improve, or to expand radiotherapy treatment programs. The IAEA is raising money to help efforts by its Member States to save lives and to reduce suffering of cancer victims.^[9]

The IAEA exists to pursue the “safe, secure and peaceful uses of nuclear sciences and technology” (Pillars 2005). The IAEA executes this mission with three main functions: the inspection of existing nuclear facilities to ensure their peaceful use, providing information and developing standards to ensure the safety and security of nuclear facilities, and as a hub for the various fields of science involved in the peaceful applications of nuclear technology.

To enhance the sharing of information and experience among IAEA Member States concerning the seismic safety of nuclear facilities, in 2008 the IAEA established the International Seismic Safety Center. This center is establishing safety standards and providing for their application in relation to site selection, site evaluation and seismic design.

Uniformed services of the United States

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United States Uniformed Services
United States Joint Service Color Guard on parade at Fort Myer in Arlington County, Virginia.
Service branches	U.S. Army U.S. Marine Corps U.S. Navy U.S. Air Force U.S. Coast Guard U.S. Public Health Service Commissioned Corps NOAA Commissioned Corps
Leadership
Commander-in-Chief	Barack Obama
Federal department heads	Robert M. Gates (DOD) Janet A. Napolitano (DHS) Kathleen Sebelius (HHS) Gary F. Locke (DOC)
Manpower
Military age	17–45 years old at joining[1]
Available for military service	72,715,332 males, age 18–49 (2008 est.), 71,638,785 females, age 18–49 (2008 est.)
Fit for military service	59,413,358 males, age 18–49 (2008 est.), 59,187,183 females, age 18–49 (2008 est.)
Reaching military age annually	2,186,440 males (2008 est.), 2,079,688 females (2008 est.)
Active personnel	1,473,900[2] (ranked 2nd)
Reserve personnel	1,458,500[3]
Expenditures
Budget	$651 billion (FY08)[4] (ranked 1st)
Percent of GDP	4.04 (2007 est.)
Related articles
History	American Revolutionary War Early national period Continental expansion American Civil War Post-Civil War era World War I (1917–1918) World War II (1941–1945) Cold War (1945–1991) Post-Cold War era (1991–2001) War on Terrorism (2001–present)
Ranks	Army officer Army warrant officer Army enlisted Marine Corps officer Marine Corps warrant officer Marine Corps enlisted Navy officer Navy warrant officer Navy enlisted Air Force officer Air Force enlisted Coast Guard officer Coast Guard warrant officer Coast Guard enlisted Public Health Service officer NOAA Corps officer

The United States has seven federal uniformed services that commission officers as defined by Title 10, and subsequently structured and organized by Title 10, Title 14, Title 33 and Title 42 of the United States Code.

Contents [show] 1 Uniformed services 2 Federal executive departments 2.1 United States Department of Defense (DOD) 2.2 United States Department of Homeland Security (DHS) 2.3 United States Department of Health and Human Services (HHS) 2.4 United States Department of Commerce (DOC) 3 Statutory definition 4 Armed forces 5 Noncombatant uniformed services 6 See also 7 References

[edit] Uniformed services

The seven uniformed services are, in order of precedence:^[5]

1. United States Army
2. United States Marine Corps
3. United States Navy
4. United States Air Force
5. United States Coast Guard
6. United States Public Health Service Commissioned Corps
7. National Oceanic and Atmospheric Administration Commissioned Corps

Each of the uniformed services is administratively headed by a federal executive department and its corresponding civilian Cabinet leader.

[edit] Federal executive departments

[edit] United States Department of Defense (DOD)

• United States Army (USA) — June 14, 1775
• United States Marine Corps (USMC) — November 10, 1775
• United States Navy (USN) — October 13, 1775
• United States Air Force (USAF) — September 18, 1947

Note: The order of precedence within the Department of Defense is set by DOD Directive 1005.8 and is not dependent on the date of creation by Congress.

[edit] United States Department of Homeland Security (DHS)

• United States Coast Guard (USCG) — August 4, 1790

[edit] United States Department of Health and Human Services (HHS)

• United States Public Health Service Commissioned Corps (PHSCC) — July 16, 1798

[edit] United States Department of Commerce (DOC)

• National Oceanic and Atmospheric Administration Commissioned Corps (NOAA Corps) — 1917

[edit] Statutory definition

The seven uniformed services are defined by 10 U.S.C. § 101(a)(5):

“

The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service.

”

The five uniformed services that make up the United States armed forces are defined in the previous clause 10 U.S.C. § 101(a)(4):

“

The term “armed forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard.

”

[edit] Armed forces

Five of the uniformed services make up the armed forces, four of which are within the Department of Defense. The Coast Guard is part of the Department of Homeland Security and has both military and law enforcement duties. Title 14 states that the Coast Guard is part of the military at all times, making it the only branch of the military outside the Department of Defense. During a declared state of war, however, the President or Congress may direct that the Coast Guard operate as part of the Navy.^[6] The commissioned corps of the US Public Health Service and NOAA Commissioned Corps operate under military rules with the exception of the applicability of the Uniform Code of Military Justice, to which they are subject only when militarized by executive order or while detailed to any component of the armed forces.^[7]

The National Guard is a militia force and operates under Title 32 and under State authority. The National Guard was first formed in the Colony of Virginia in 1607 and is the oldest uniformed military force founded in the New World. The National Guard can be federally recognized as a military reserve force, becoming the National Guard of the United States which can be mobilized by the President to be under Federal authority through Title 10. The National Guard of the United States is managed by the National Guard Bureau, which is a joint activity under the Department of Defense,^[8][9][10] with a general^[8][9] in the Army or Air Force as its top leader. The National Guard of the United States serves as a reserve component for both the Army and the Air Force and can be called up for federal active duty in times of war or national emergencies.^[8][9]

[edit] Noncombatant uniformed services

• National Oceanic and Atmospheric Administration Commissioned Corps (NOAA Corps) is a uniformed branch of the National Oceanic and Atmospheric Administration (NOAA), which is under the Department of Commerce.
• United States Public Health Service Commissioned Corps (PHSCC) is the uniformed personnel system of the United States Public Health Service, which is under the Department of Health and Human Services.

Commissioned officers of NOAA and PHS wear uniforms that are derived from Navy uniforms, except that the commissioning devices, buttons, and insignia reflect their specific service. Uniformed officers of NOAA and PHS are paid on the same scale as members of the armed services with respective rank and time-in-grade. Additionally, PHS Officers are covered by the Uniformed Services Employment and Reemployment Act and the Service Members Civil Relief Act (formerly the Soldiers and Sailors Civil Relief Act). Furthermore, all seven Uniformed Services are subject to the provisions of 10 USC 1408, the Uniformed Services Former Spouses Protection Act (USFSPA).

Both noncombatant uniformed services (PHS & NOAA) consist of commissioned officers only and have no warrant ranks or enlisted ranks. Commissioned officers of the Public Health Service and of the National Oceanic and Atmospheric Administration can be militarized by the President of the United States. Statutory authorization to militarize the Public Health Service is under Title 42 U.S.C. (Based on rank, commissioned officers of the Public Health Service (USPHS) and NOAA can be classified as Category III, IV, and V under the Geneva Convention). The U.S. Coast and Geodetic Survey (a predecessor to NOAA) originally began commissioning its officers so that if captured while engaged in battlefield surveying, they could not legally be tried as spies. The Public Health Service (PHS) traces its origins to a system of marine hospitals created “for the relief of sick and disabled seamen” by the U.S. Congress in 1798; it adopted a military model of organization in 1871.^{[11] [12]}

[edit] See also

• State Defense Forces
• Direct commission officer
• United States Maritime Service

[edit]

Foreign Intelligence Surveillance Act of 1978

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Public Law 95-511 Foreign Intelligence Surveillance Act of 1978 by the 95th Congress of the United States
← Public Law 95-510	Pub.L. 95−511, 92 Stat. 1783, S. 1566, enacted October 25, 1978.	Public Law 95-512 →

Information about this edition “Foreign Intelligence Surveillance Act of 1978” in Wikipedia. Note: This is the original legislation as it was initially enacted. Any subsequent amendments hosted on WS may be listed using  What Links Here.

95TH UNITED STATES CONGRESS
2ND SESSION An Act
To authorize electronic surveillance to obtain foreign 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 1978´´.

Contents [hide] 1 TITLE I—ELECTRONIC SURVEILLANCE WITHIN THE UNITED STATES FOR FOREIGN INTELLIGENCE PURPOSES 1.1 Sec. 101. Definitions. 1.2 Sec. 102. Authorization for Electronic Surveillance for Foreign Intelligence Purposes. 1.3 Sec. 103. Designation of Judges. 1.4 Sec. 104. Application for an Order. 1.5 Sec. 105. Issuance of an Order. 1.6 Sec. 106. Use of Information. 1.7 Sec. 107. Report of Electronic Surveillance. 1.8 Sec. 108. Congressional Oversight. 1.9 Sec. 109. Penalties. 1.10 Sec. 110. Civil Liability. 1.11 Sec. 111. Authorization During Time of War. 2 TITLE II—CONFORMING AMENDMENTS 2.1 Sec. 201. Amendments to Chapter 119 of Title 18, United States Code. 3 TITLE III—EFFECTIVE DATE 3.1 Sec. 301. Effective Date. 4 Legislative History 5 See Also

[edit] TITLE I—ELECTRONIC SURVEILLANCE WITHIN THE UNITED STATES FOR FOREIGN INTELLIGENCE PURPOSES

[edit] Sec. 101. Definitions.

  As used in this title:

(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

(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 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;

(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 102(a), 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 twenty-four hours unless a court order under section 105 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 101(a)(20) of the Immigration and Nationality Act), 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).

(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.

[edit] Sec. 102. Authorization for Electronic Surveillance for Foreign Intelligence Purposes.

(a)(1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this title to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that—

(A) the electronic surveillance is solely directed at—

(i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 101(a)(1), (2), or (3); or

(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 Attorney 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 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.

[edit] Sec. 103. Designation of Judges.

(a) The Chief Justice of the United States shall publicly designate seven district court judges from seven of the United States judicial circuits who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this Act, except that no judge designated under this subsection shall hear the same application for electronic surveillance under this Act 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 Act, such judge shall provide immediately for the record a written statement of each reason of his decision and, on motion of the United States, the record shall be transmitted, under seal, to the 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 presiding judge, from the United States district courts or courts of appeals who together shall comprise a court of review which shall have jurisdiction to review the denial of any application made under this Act. If such court determines that the application was properly denied, the 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.

(c) Proceedings under this Act shall be conducted as expeditiously as possible. The record of proceedings under this Act, including applications made and orders granted, shall be maintained under security measures established by the Chief Justice in consultation with the Attorney General and the Director of Central Intelligence.

(d) Each judge designated under this section shall so serve for a maximum of seven years and shall not be eligible for redesignation, except that the judges first designated under subsection (a) shall be designated for terms of from one to seven years so that one term expires each year, and that judges first designated under subsection (b) shall be designated for terms of three, five, and seven years.

[edit] Sec. 104. Application for an Order.

(a) Each application for an order approving electronic surveillance under this title shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under section 103. Each application shall require the approval of the Attorney General based upon his finding that it satisfies the criteria and requirements of such application as set forth in this title. It shall include—

(1) the identity of the Federal officer making the application;

(2) the authority conferred on the Attorney General by the President of the United States and the approval of the Attorney General to make the application;

(3) the identity, if known, or a description of the specific target of the electronic surveillance;

(4) a statement of the facts and circumstances relied upon by the applicant to justify his belief that—

(A) the target of the electronic surveillance is a foreign power or an agent of a foreign power; and

(B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;

(5) a statement of the proposed minimization procedures;

(6) a detailed description of the nature of the information sought and the type of communications or activities to be subjected to the surveillance;

(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 employed in the area of national security or defense and appointed by the President with the advice and consent of the Senate—

(A) that the certifying official deems the information sought to be foreign intelligence information;

(B) that a significant purpose of the surveillance is to obtain foreign intelligence information;

(C) that such information cannot reasonably be obtained by normal investigative techniques;

(D) that designates the type of foreign intelligence information being sought according to the categories described in section 101(e); and

(E) including a statement of the basis for the certification that—

(i) the information sought is the type of foreign intelligence information designated; and

(ii) such information cannot reasonably be obtained by normal investigative techniques;

(8) a statement of the means by which the surveillance will be effected and a statement whether physical entry is required to effect the surveillance;

(9) a statement of the facts concerning all previous applications that have been made to any judge under this title involving any of the persons, facilities, or places specified in the application, and the action taken on each previous application;

(10) a statement of the period of time for which the electronic surveillance is required to be maintained, and if the nature of the intelligence gathering is such that the approval of the use of electronic surveillance under this title should not automatically terminate when the described type of information has first been obtained, a description of facts supporting the belief that additional information of the same type will be obtained thereafter; and

(11) whenever more than one electronic, mechanical or other surveillance device is to be used with respect to a particular proposed electronic surveillance, the coverage of the devices involved and what minimization procedures apply to information acquired by each device.

(b) Whenever the target of the electronic surveillance is a foreign power, as defined in section 101 (a)(1), (2), or (3), and each of the facilities or places at which the surveillance is directed is owned, leased, or exclusively used by that foreign power, the application need not contain the information required by paragraphs (6), (7)(E), (8), and (11) of subsection (a), but shall state whether physical entry is required to effect the surveillance and shall contain such information about the surveillance techniques and communications or other information concerning United States persons likely to be obtained as may be necessary to assess the proposed minimization procedures.

(c) The Attorney General may require any other affidavit or certification from any other officer in connection with the application.

(d) The judge may require the applicant to furnish such other information as may be necessary to make the determinations required by section 105.

[edit] Sec. 105. Issuance of an Order.

(a) Upon an application made pursuant to section 104, the judge shall enter an ex parte 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 by the 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 power or an agent of a foreign power: Provided, That no United States person may be considered a foreign power or an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and

(B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;

(4) the proposed minimization procedures meet the definition of minimization procedures under section 101(h); and

(5) the application which has been filed contains all statements and certifications required by section 104 and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 104(a)(7)(E) and any other information furnished under section 104(d).

(b) An order approving an electronic surveillance under this section shall—

(1) specify—

(A) the identity, if known, or a description of the specific target of the electronic surveillance;

(B) the nature and location of each of the facilities or places at which the electronic surveillance will be directed;

(C) the type of information sought to be acquired and the type of communications or activities to be subjected to the surveillance;

(D) the means by which the electronic surveillance will be effected and whether physical entry will be used to effect the surveillance;

(E) the period of time during which the electronic surveillance is approved; and

(F) whenever more than one electronic, mechanical, or other surveillance device is to be used under the order, the authorized coverage of the devices involved and what minimization procedures shall apply to information subject to acquisition by each device; 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, or other specified person furnish the applicant forthwith 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, landlord, custodian, or other person is providing that target of electronic surveillance;

(C) that such carrier, landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of CentralIntelligence any records concerning the surveillance or the aid furnished that such person wishes to retain; and

(D) that the applicant compensate, at the prevailing rate, such carrier, landlord, custodian, or other person for furnishing such aid.

(c) Whenever the target of the electronic surveillance is a foreign power, as defined in section 101(a)(1), (2), or (3), and each of the facilities or places at which the surveillance is directed is owned, leased, or exclusively used by that foreign power, the order need not contain the information required by subparagraphs (C), (D), and (F) of subsection (b)(1), but shall generally describe the information sought, the communications or activities to be subjected to the surveillance, and the type of electronic surveillance involved, including whether physical entry is required.

(d)(1) An order issued under this section may approve an electronic surveillance for the period necessary to achieve its purpose, or for ninety days, whichever is less, except that an order under this section shall approve an electronic surveillance targeted against a foreign power, as defined in section 101(a)(1), (2), or (3), for the period specified in the application or for one year, whichever is less.

(2) Extensions of an order issued under this title may be granted on the same basis as an original order upon an application for an extension and new findings made in the same manner as required for an original order, except that an extension of an order under this Act for a surveillance targeted against a foreign power, as defined in section 101(a)(5) or (6), or against a foreign power as defined in section 101(a)(4) that is not a United States person, may be for a period not to exceed one year if the judge finds probable cause to believe that no communication of any individual United States person will be acquired during the period.

(3) At or before the end of the period of time for which electronic surveillance is approved by an order or an extension, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.

(e) Notwithstanding any other provision of this title, 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 authorizing such surveillance can with due diligence be obtained; and

(2) the factual basis for issuance of an order under this subchapter to approve such surveillance exists;

he may authorize the emergency employment of electronic surveillance if a judge having jurisdiction under section 108 is informed by the Attorney General or his designee 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 title is made to that judge as soon as practicable, but not more than twenty-four hours after the Attorney General authorizes such surveillance. If the Attorney General authorizes such emergency employment of electronic surveillance, he shall require that the minimization procedures required by this title 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 information 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, whichever is earliest. In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information 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, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. A denial of the application made under this subsection may be reviewed as provided in section 103.

(f) Notwithstanding any other provision of this subchapter, officers, employees, or agents of the United States are authorized in the normal course of their official duties to conduct electronic surveillance not targeted against the communications of any particular person or persons, under procedures approved by the Attorney General, solely to—

(1) test the capability of electronic equipment, if—

(A) it is not reasonable to obtain the consent of the persons incidentally subjected to the surveillance;

(B) the test is limited in extent and duration to that necessary to determine the capability of the equipment;

(C) the contents of any communication acquired are retained and used only for the purpose of determining the capability of the equipment, are disclosed only to test personnel, and are destroyed before or immediately upon completion of the test; and:

(D) Provided, That the test may exceed ninety days only with the prior approval of the Attorney General;

(2) determine the existence and capability of electronic surveillance equipment being used by persons not authorized to conduct electronic surveillance, if—

(A) it is not reasonable to obtain the consent of persons incidentally subjected to the surveillance;

(B) such electronic surveillance is limited in extent and duration to that necessary to determine the existence and capability of such equipment; and

(C) any information acquired by such surveillance is used only to enforce chapter 119 of title 18, United States Code, or section 605 of the Communications Act of 1934, or to protect information from unauthorized surveillance; or

(3) train intelligence personnel in the use of electronic surveillance equipment, if—

(A) it is not reasonable to—

(i) obtain the consent of the persons incidentally subjected to the surveillance;

(ii) train persons in the course of surveillances otherwise authorized by this title; or

(iii) train persons in the use of such equipment without engaging in electronic surveillance;

(B) such electronic surveillance is limited in extent and duration to that necessary to train the personnel in the use of the equipment; and

(C) no contents of any communication acquired are retained or disseminated for any purpose, but are destroyed as soon as reasonably possible.

(g) Certifications made by the Attorney General pursuant to section 102(a) and applications made and orders granted under this title shall be retained for a period of at least ten years from the date of the certification or application.

[edit] Sec. 106. Use of Information.

(a) Information acquired from an electronic surveillance conducted pursuant to this title concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required by this title. No otherwise privileged communication obtained in accordance with, or in violation of, the provisions of this title shall lose its privileged character. No information acquired from an electronic surveillance pursuant to this title may be used or disclosed by Federal officers or employees except for lawful purposes.

(b) No information acquired pursuant to this title shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.

(c) Whenever the Government intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, against an aggrieved person, any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this title, the Government shall, prior to the trial, hearing, or other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the Government intends to so disclose or so use such information.

(d) Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of a State or a political subdivision thereof, against an aggrieved person any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this title, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information.

(e) Any person against whom evidence obtained or derived from an electronic surveillance to which he is an aggrieved person is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the evidence obtained or derived from such electronic surveillance on the grounds that—

(1) the information was unlawfully acquired; or

(2) the surveillance was not made in conformity with an order of authorization or approval.

Such a motion shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the person was not aware of the grounds of the motion.

(f) Whenever a court or other authority is notified pursuant to subsection (c) or (d) of this section, or whenever a motion is made pursuant to subsection (e), or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under this Act, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority, shall, notwithstanding any other law, if the Attorney General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States, review in camera and ex parte the application, order, and such other materials relating to the surveillance as may be necessary to determine whether the surveillance of the aggrieved person was lawfully authorized and conducted. In making this determination, the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the surveillance only where such disclosure is necessary to make an accurate determination of the legality of the surveillance.

(g) If the United States district court pursuant to subsection (f) determines that the surveillance was not lawfully authorized or conducted, it shall, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from electronic surveillance of the aggrieved person or otherwise grant the motion of the aggrieved person. If the court determines that the surveillance was lawfully authorized and conducted, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.

(h) Orders granting motions or requests under subsection (g), decisions under this section that electronic surveillance was not lawfully authorized or conducted, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other materials relating to a surveillance shall be final orders and binding upon all courts of the United States and the several States except a United States court of appeals and the Supreme Court.

(i) In circumstances involving the unintentional 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, such contents shall be destroyed upon recognition, unless the Attorney General determines that the contents indicate a threat of death or serious bodily harm to any person.

(j) If an emergency employment of electronic surveillance is authorized under section 105(e) [1] 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 surveillance; and

(3) the fact that during the period information was or was not obtained.

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.

[edit] Sec. 107. Report of Electronic Surveillance.

In April of each year, the Attorney General shall transmit to the Administrative Office of the United States Court and to Congress a report setting forth with respect to the preceding calendar year—

(a) the total number of applications made for orders and extensions of orders approving electronic surveillance under this title; and

(b) the total number of such orders and extensions either granted, modified, or denied.

[edit] Sec. 108. Congressional Oversight.

(a) On a semiannual basis the Attorney General shall fully inform the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate, concerning all electronic surveillance under this title. Nothing in this title shall be deemed to limit the authority and responsibility of the appropriate committees of each House of Congress to obtain such information as they may need to carry out their respective functions and duties.

(b) On or before one year after the effective date of this Act and on the same day each year for four years thereafter, the Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence shall report respectively to the House of Representatives and the Senate, concerning the implementation of this Act. Said reports shall include but not be limited to an analysis and recommendations concerning whether this chapter should be

(1) amended,

(2) repealed, or

(3) permitted to continue in effect without amendment.

[edit] Sec. 109. Penalties.

(a) OFFENSE.—

A person is guilty of an offense if he intentionally—

(1) engages in electronic surveillance under color of law except as authorized by statute; or

(2) discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by statute.

(b) DEFENSE.—

It is a defense to a prosecution under subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.

(c) PENALTY.—

An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.

(d) JURISDICTION.—

There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.

[edit] Sec. 110. Civil Liability.

CIVIL ACTION.—

An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 101(a) or (b)(1)(A), respectively, who has been subjected to an electronic surveillance or about whom information obtained by electronic surveillance of such person has been disclosed or used in violation of section 109 shall have a cause of action against any person who committed such violation and shall be entitled to recover—

(a) actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;

(b) punitive damages; and

(c) reasonable attorney’s fees and other investigation and litigation costs reasonably incurred.

[edit] Sec. 111. Authorization During Time of War.

Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this title to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress.

[edit] TITLE II—CONFORMING AMENDMENTS

[edit] Sec. 201. Amendments to Chapter 119 of Title 18, United States Code.

  Chapter 119 of title 18, United States Code, is amended as follows:

(a) Section 2511(2)(a)(ii) is amended to read as follows:

“(ii) Notwithstanding any other law, communication common carriers, their officers, employees, and agents, landlords, custodians, or other persons, are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire or oral communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if the common carrier, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with—

“(A) a court order directing such assistance signed by the authorizing judge, or

“(B) a certification in writing by a person specified in section 2518(7) of this title or the Attorney General of the United States that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required,

“setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required. No communication common carrier, officer, employee, or agent thereof, or landlord, custodian, or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished an order or certification under this subparagraph, except as may otherwise be required by legal process and then only after prior notification to the Attorney General or to the principal prosecuting attorney of a State or any political subdivision of a State, as may be appropriate. Any violation of this subparagraph by a communication common carrier, officer, employee, or agent thereof, shall render the carrier liable for the civil damages provided for in section 2520. No cause of action shall lie in any court against any communication common carrier, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of an order or certification under this subparagraph.´´.

(b) Section 2511(2)) is amended by adding at the end thereof the following new provisions:

“(e) Notwithstanding any other provision of this title or section 605 or 606 of the Communications 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 101 of the Foreign Intelligence Surveillance Act of 1978, as authorized by that Act.

“(f) Nothing contained in this chapter, or section 605 of the Communications Act of 1934, shall be deemed to affect the acquisition by the United States Government of foreign intelligence information from international or foreign communications by a means other than electronic surveillance as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, and procedures in this chapter and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire and oral communications may be conducted.´´.

(c) Section 2511(3) is repealed.

(d) Section 2518(1) is amended by inserting “under this chapter´´ after “communication´´.

(e) Section 2518(4) is amended by inserting “under this chapter´´ after both appearances of “wire or oral communication´´.

(f) Section 2518(9) is amended by strking out “intercepted´´ and inserting “intercepted pursuant to this chapter´´ after “communication´´.

(g) Section 2518(10) is amended by strking out “intercepted´´ and inserting “intercepted pursuant to this chapter´´ after the first appearance of “communication´´.

(h) Section 2519(3) is amended by inserting “pursuant to this chapter´´ after “wire or oral communications´´ and after “granted or denied´´.

[edit] TITLE III—EFFECTIVE DATE

[edit] Sec. 301. Effective Date.

The provisions of this Act and the amendments made hereby shall become effective upon the date of enactment of this Act, 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 within ninety days following the designation of the first judge pursuant to section 103 of this Act.

Approved October 25, 1978.

[edit] Legislative History

• S. 1566, (H.R. 7308)

• HOUSE REPORTS:
  • No. 95-1283, Pt. I accompanying H.R. 7308 (Comm. on the Judiciary) and (Select Comm. on Intelligence)
  • No. 95-1720 (Comm. of Conference)
• SENATE REPORTS:
  • No. 95-604 and No. 95-604, Pt. II (Comm. on the Judiciary)
  • No. 95-701 (Select Comm. on Intelligence)
• CONGRESSIONAL RECORD, Vol. 124 (1978):
  • Apr. 20, considered and passed Senate.
  • Sept. 6, 7, considered and passed House, amended.
  • Sept. 12, Senate disagreed to House amendments.
  • Oct. 9, Senate agreed to conference report.
  • Oct. 12, House agreed to conference report.
• WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 43 (1978):
  • Oct. 25, Presidential statement.

[edit] See Also

• Executive Order 12139: Exercise of Certain Authority Respecting Electronic Surveillance
• Cable Communications Policy Act of 1984 (Public Law 98-549), Section 6
• Counterintelligence and Security Enhancements Act of 1994 (Public Law 103-359)
• Executive Order 12949: Foreign Intelligence Physical Searches
• Counterintelligence Reform Act of 2000 (Public Law 106-567)
• Protect America Act of 2007 (Public Law 110-55)
• FISA Amendments Act of 2008 (Public Law 110-261).

Retrieved from “http://en.wikisource.org/wiki/Foreign_Intelligence_Surveillance_Act_of_1978“

Categories: 1978 works | United States federal law

Foreign Intelligence Surveillance Act

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The Foreign Intelligence Surveillance Act of 1978 (“FISA” Pub.L. 95-511, 92 Stat. 1783, enacted October 25, 1978, 50 U.S.C. ch.36, S. 1566) is an Act of Congress which prescribes procedures for the physical and electronic surveillance and collection of “foreign intelligence information” between “foreign powers” and “agents of foreign powers” (which may include American citizens and permanent residents suspected of being engaged in espionage and violating U.S. law on territory under United States control).^[1]

Wikisource has original text related to this article: Foreign Intelligence Surveillance Act of 1978

Wikisource has original text related to this article: Protect America Act of 2007

Wikisource has original text related to this article: FISA Amendments Act of 2008

Contents [show] 1 Subsequent amendments 2 History 2.1 Bush administration warrantless domestic wiretapping program 3 Scope and limits 4 Provisions 4.1 Electronic surveillance 4.1.1 Without a court order 4.1.2 With a court order 4.2 Physical searches 4.3 FISA court 4.4 Remedies for violations 4.5 Lone wolf amendment 5 Constitutionality 5.1 Before FISA 5.2 Post FISA 6 Criticisms 7 Amendments 7.1 Terrorist Surveillance Act of 2006 7.2 Protect America Act of 2007 7.2.1 Subsequent developments 8 See also 9 References 10 External links

[edit] Subsequent amendments

The Act was amended in 2001 by the USA PATRIOT Act, primarily to include terrorism on behalf of groups that are not specifically backed by a foreign government.
An overhaul of the bill, the Protect America Act of 2007 was signed into law on August 5, 2007^[2]. It expired on February 17, 2008.
The FISA Amendments Act of 2008 passed by the United States Congress on July 9, 2008.^[3]

[edit] History

The Foreign Intelligence Surveillance Act (FISA) was introduced on May 18, 1977 by Senator Ted Kennedy. The bill was cosponsored by the nine Senators: Birch Bayh, James O. Eastland, Jake Garn, Walter Huddleston, Daniel Inouye, Charles Mathias, John L. McClellan, Gaylord Nelson, and Strom Thurmond.
The act was signed into law by President Carter in 1978.
The Foreign Intelligence Surveillance Act resulted from extensive investigations by Senate Committees into the legality of domestic intelligence activities. These investigations were led separately by Sam Ervin and Frank Church in 1978 as a response to President Richard Nixon’s usage of federal resources to spy on political and activist groups, which violates the Fourth Amendment to the U.S. Constitution.^[4] The act was created to provide Judicial and congressional oversight of the government’s covert surveillance activities of foreign entities and individuals in the United States, while maintaining the secrecy needed to protect national security. It allowed surveillance, without court order, within the United States for up to one year unless the “surveillance will acquire the contents of any communication to which a United States person is a party”. If a United States person is involved, judicial authorization was required within 72 hours after surveillance begins.

[edit] Bush administration warrantless domestic wiretapping program

Main article: NSA warrantless surveillance controversy

The Act came into public prominence in December 2005 following publication by the New York Times of an article^[5] that described a program of warrantless domestic wiretapping ordered by the Bush administration and carried out by the National Security Agency since 2002 (a subsequent Bloomberg article^[6] suggested that this may have already begun by June 2000).

[edit] Scope and limits

For most purposes, including electronic surveillance and physical searches, “foreign powers” means a foreign government, any faction(s) or foreign governments not substantially composed of US persons, and any entity directed or controlled by a foreign government. §§1801(a)(1)-(3) The definition also includes groups engaged in international terrorism and foreign political organizations. §§1801(a)(4) and (5). The sections of FISA authorizing electronic surveillance and physical searches without a court order specifically exclude their application to groups engaged in international terrorism. See §1802(a)(1) (referring specifically to §1801(a)(1), (2) and (3)).
The statute includes limits on how it may be applied to US persons. A “US person” includes citizens, lawfully admitted permanent resident aliens, and corporations incorporated in the US.
The code defines “foreign intelligence information” to mean information necessary to protect the United States against actual or potential grave attack, sabotage or international terrorism.^[7]
In sum, a significant purpose of the electronic surveillance must be to obtain intelligence in the U.S. on foreign powers (such as enemy agents or spies) or individuals connected to international terrorist groups. To use FISA, the government must show probable cause that the “target of the surveillance is a foreign power or agent of a foreign power.”[3]^[8]

[edit] Provisions

The subchapters of FISA provide for:

• Electronic Surveillance (50 U.S.C. ch.36 subch.I)
• Physical Searches (50 U.S.C. ch.36 subch.II)
• Pen Registers and Trap & Trace Devices for Foreign Intelligence Purposes (50 U.S.C. ch.36 subch.III)
• Access to certain Business Records for Foreign Intelligence Purposes (50 U.S.C. ch.36 subch.IV)
• Reporting Requirement (50 U.S.C. ch.36 subch.V)

The act created a court which meets in secret, and approves or denies requests for search warrants. Only the number of warrants applied for, issued and denied, is reported. In 1980 (the first full year after its inception), it approved 322 warrants.^[9] This number has steadily grown to 2224 warrants^[10] in 2006. In the period 1979-2006 a total of 22,990 applications for warrants were made to the Court of which 22,985 were approved (sometimes with modifications; or with the splitting up, or combining together, of warrants for legal purposes), and only 5 were definitively rejected.^[11]

[edit] Electronic surveillance

Generally, the statute permits electronic surveillance in two scenarios.

[edit] Without a court order

The President may authorize, through the Attorney General, electronic surveillance without a court order for the period of one year provided it is only for foreign intelligence information;^[7] targeting foreign powers as defined by 50 U.S.C. § 1801(a)(1),(2),(3)^[12] or their agents; and there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party.^[13]
The Attorney General is required to make a certification of these conditions under seal to the Foreign Intelligence Surveillance Court,^[14] and report on their compliance to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence.^[15]
Since 50 U.S.C. § 1802(a)(1)(A) of this act specifically limits warrantless surveillance to foreign powers as defined by 50 U.S.C. §1801(a) (1),(2), (3) and omits the definitions contained in 50 U.S.C. §1801(a) (4),(5),(6) the act does not authorize the use of warrantless surveillance on: groups engaged in international terrorism or activities in preparation therefore; foreign-based political organizations, not substantially composed of United States persons; or entities that are directed and controlled by a foreign government or governments.^[16] Under the FISA act, anyone who engages in electronic surveillance except as authorized by statute is subject to both criminal penalties^[17] and civil liabilities.^[18]
Under 50 U.S.C. § 1811, the President may also authorize warrantless surveillance at the beginning of a war. Specifically, he may authorize such surveillance “for a period not to exceed fifteen calendar days following a declaration of war by the Congress.”^[19]

[edit] With a court order

Alternatively, the government may seek a court order permitting the surveillance using the FISA court.^[20] Approval of a FISA application requires the court find probable cause that the target of the surveillance be a “foreign power” or an “agent of a foreign power”, and that the places at which surveillance is requested is used or will be used by that foreign power or its agent. In addition, the court must find that the proposed surveillance meet certain “minimization requirements” for information pertaining to US persons.^[21]

[edit] Physical searches

In addition to electronic surveillance, FISA permits the “physical search” of the “premises, information, material, or property used exclusively by” a foreign power.
The requirements and procedures are nearly identical to those for electronic surveillance.