Foreign Intelligence Surveillance Act

Foreign Intelligence Surveillance Act of 1978
Long title	An Act to authorize electronic surveillance of foreign intelligence information.
Acronyms (colloquial)	FISA
Enacted by	the 95th United States Congress
Effective	October 25, 1978
Citations
Public law	95-511
Statutes at Large	92 Stat. 1783
Codification
Titles amended	50 U.S.C.: War and National Defense
U.S.C. sections created	50 U.S.C. ch. 36 § 1801 et seq.
Legislative history
	Introduced in the Senate as S. 1566 by Ted Kennedy (D–MA) on May 18, 1977; Committee consideration by Senate Select Committee on Intelligence, Committee on the Judiciary; Passed the Senate on April 20, 1978 (95–1); Passed the House on September 7, 1978 (246–128, in lieu of H.R. 7308); Reported by the joint conference committee on October 5, 1978; agreed to by the Senate on October 9, 1978 (Without objection) and by the House on October 12, 1978 (226–176); Signed into law by President Jimmy Carter on October 25, 1978;
Major amendments
	USA PATRIOT Act; Protect America Act of 2007; FISA Amendments Act of 2008; USA Freedom Act;
United States Supreme Court cases
	Clapper v. Amnesty International USA, 568 U.S. 398 (2013); Federal Bureau of Investigation v. Fazaga, No. 20-828, 595 U.S. ___ (2022);

The Foreign Intelligence Surveillance Act of 1978 (FISA, Pub. L. 95–511, 92 Stat. 1783, 50 U.S.C. ch. 36) is a United States federal law that establishes procedures for the surveillance and collection of foreign intelligence on domestic soil.^[1]

FISA was enacted in response to revelations of widespread privacy violations by the federal government under president Richard Nixon. It requires federal law enforcement and intelligence agencies to obtain authorization for gathering "foreign intelligence information" between "foreign powers" and "agents of foreign powers" suspected of espionage or terrorism.^[2] The law established the Foreign Intelligence Surveillance Court (FISC) to oversee requests for surveillance warrants.

Although FISA was initially limited to government use of electronic surveillance, subsequent amendments have broadened the law to regulate other intelligence-gathering methods, including physical searches, pen register and trap and trace (PR/TT) devices, and compelling the production of certain types of business records.^[1]

FISA has been repeatedly amended since the September 11 attacks, with several added provisions garnering political and public controversy due to privacy concerns.^[3]

^ ^a ^b Foreign Intelligence Surveillance Act (FISA): An Overview (updated April 6, 2021), Congressional Research Service.
^ 50 USC §1801(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), irrespective of whether the person is inside the United States; (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 indicate that such person may engage in such activities, 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; (C) engages in international terrorism or activities in preparation therefore; (D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or (E) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor, for or on behalf of a foreign power, or knowingly aids or abets any person in the conduct of such proliferation or activities in preparation therefor, or knowingly conspires with any person to engage in such proliferation or activities in preparation therefor; or (2) any person who— (A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the criminal statutes of the United States; (B) pursuant to the direction of an intelligence service or network of a foreign power, knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power, which activities involve or are about to involve a violation of the criminal statutes of the United States; (C) knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power; (D) knowingly enters the United States under a false or fraudulent identity for or on behalf of a foreign power or, while in the United States, knowingly assumes a false or fraudulent identity for or on behalf of a foreign power; or (E) knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C).
^ Sabin, Sam (January 17, 2023). "Washington prepares to weigh whether a FISA surveillance program should continue". Axios. Retrieved April 10, 2023.

[:0-1] Foreign Intelligence Surveillance Act (FISA): An Overview (updated April 6, 2021), Congressional Research Service.

[fisa-2] 50 USC §1801(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), irrespective of whether the person is inside the United States; (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 indicate that such person may engage in such activities, 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; (C) engages in international terrorism or activities in preparation therefore; (D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or (E) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor, for or on behalf of a foreign power, or knowingly aids or abets any person in the conduct of such proliferation or activities in preparation therefor, or knowingly conspires with any person to engage in such proliferation or activities in preparation therefor; or (2) any person who— (A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the criminal statutes of the United States; (B) pursuant to the direction of an intelligence service or network of a foreign power, knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power, which activities involve or are about to involve a violation of the criminal statutes of the United States; (C) knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power; (D) knowingly enters the United States under a false or fraudulent identity for or on behalf of a foreign power or, while in the United States, knowingly assumes a false or fraudulent identity for or on behalf of a foreign power; or (E) knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C).

[Sabin-3] Sabin, Sam (January 17, 2023). "Washington prepares to weigh whether a FISA surveillance program should continue". Axios. Retrieved April 10, 2023.

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