Page:United States Statutes at Large Volume 92 Part 2.djvu/515

 PUBLIC LAW 95-511—OCT. 25, 1978

92 STAT. 179»S

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) 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.

Disposal of contents.

Postponement or suspension of notice, time limitation.

REPORT OF ELECTRONIC SURVEILLANCE

SEC. 107. In April of each year, the Attorney General shall transmit Report to to the Administrative Office of the United States Court and to Con- Congress. gress a report setting forth with respect to the preceding calendar 50 USC lfl07. 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. CONGRESSIONAL OVERSIGHT

SEC. 108. (a) On a semiannual basis the Attorney General shall Report to fully inform the House Permanent Select Committee on Intelligence congressional and the Senate Select Committee on Intelligence concerning all elec- committees. tronic surveillance under this title. Nothing in this title shall be 50 USC 1808. 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 Report of on the same day each year for four years thereafter, the Permanent congressional Select Committee on intelligence and the Senate Select Committee committees to on Intelligence shall ^epoit respectively to the House of Representa- Congress. tives 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 Act should be (1) amended, (2) repealed, or (3) permitted to continue in effect without amendment.

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