-CITE-
    50 USC CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE       01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

-HEAD-
              CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE          


-MISC1-
                  SUBCHAPTER I - ELECTRONIC SURVEILLANCE              
    Sec.                                                     
    1801.       Definitions.                                          
    1802.       Electronic surveillance authorization without court
                 order; certification by Attorney General; reports to
                 Congressional committees; transmittal under seal;
                 duties and compensation of communication common
                 carrier; applications; jurisdiction of court.        
    1803.       Designation of judges.                                
                  (a)  Court to hear applications and grant orders;
                        record of denial; transmittal to court of
                        review.                                       
                  (b)  Court of review; record, transmittal to Supreme
                        Court.                                        
                  (c)  Expeditious conduct of proceedings; security
                        measures for maintenance of records.          
                  (d)  Tenure.                                        
    1804.       Applications for court orders.                        
                  (a)  Submission by Federal officer; approval of
                        Attorney General; contents.                   
                  (b)  Exclusion of certain information respecting
                        foreign power targets.                        
                  (c)  Additional affidavits or certifications.       
                  (d)  Additional information.                        
                  (e)  Personal review by Attorney General.           
    1805.       Issuance or order.                                    
                  (a)  Necessary findings.                            
                  (b)  Determination of probable cause.               
                  (c)  Specifications and directions of orders.       
                  (d)  Exclusion of certain information respecting
                        foreign power targets.                        
                  (e)  Duration of order; extensions; review of
                        circumstances under which information was
                        acquired, retained or disseminated.           
                  (f)  Emergency orders.                              
                  (g)  Testing of electronic equipment; discovering
                        unauthorized electronic surveillance; training
                        of intelligence personnel.                    
                  (h)  Retention of certifications, applications and
                        orders.                                       
                  (i)  Bar to legal action.                           
    1806.       Use of information.                                   
                  (a)  Compliance with minimization procedures;
                        privileged communications; lawful purposes.   
                  (b)  Statement for disclosure.                      
                  (c)  Notification by United States.                 
                  (d)  Notification by States or political
                        subdivisions.                                 
                  (e)  Motion to suppress.                            
                  (f)  In camera and ex parte review by district
                        court.                                        
                  (g)  Suppression of evidence; denial of motion.     
                  (h)  Finality of orders.                            
                  (i)  Destruction of unintentionally acquired
                        information.                                  
                  (j)  Notification of emergency employment of
                        electronic surveillance; contents;
                        postponement, suspension or elimination.      
                  (k)  Coordination with law enforcement on national
                        security matters.                             
    1807.       Report to Administrative Office of the United States
                 Court and to Congress.                               
    1808.       Report of Attorney General to Congressional
                 committees; limitation on authority or responsibility
                 of information gathering activities of Congressional
                 committees; report of Congressional committees to
                 Congress.                                            
    1809.       Criminal sanctions.                                   
                  (a)  Prohibited activities.                         
                  (b)  Defense.                                       
                  (c)  Penalties.                                     
                  (d)  Federal jurisdiction.                          
    1810.       Civil liability.                                      
    1811.       Authorization during time of war.                     

                     SUBCHAPTER II - PHYSICAL SEARCHES                 
    1821.       Definitions.                                          
    1822.       Authorization of physical searches for foreign
                 intelligence purposes.                               
                  (a)  Presidential authorization.                    
                  (b)  Application for order; authorization.          
                  (c)  Jurisdiction of Foreign Intelligence
                        Surveillance Court.                           
                  (d)  Court of review; record; transmittal to Supreme
                        Court.                                        
                  (e)  Expeditious conduct of proceedings; security
                        measures for maintenance of records.          
    1823.       Application for order.                                
                  (a)  Submission by Federal officer; approval of
                        Attorney General; contents.                   
                  (b)  Additional affidavits or certifications.       
                  (c)  Additional information.                        
                  (d)  Personal review by Attorney General.           
    1824.       Issuance of order.                                    
                  (a)  Necessary findings.                            
                  (b)  Determination of probable cause.               
                  (c)  Specifications and directions of orders.       
                  (d)  Duration of order; extensions; assessment of
                        compliance.                                   
                  (e)  Emergency orders.                              
                  (f)  Retention of applications and orders.          
    1825.       Use of information.                                   
                  (a)  Compliance with minimization procedures; lawful
                        purposes.                                     
                  (b)  Notice of search and identification of property
                        seized, altered, or reproduced.               
                  (c)  Statement for disclosure.                      
                  (d)  Notification by United States.                 
                  (e)  Notification by States or political
                        subdivisions.                                 
                  (f)  Motion to suppress.                            
                  (g)  In camera and ex parte review by district
                        court.                                        
                  (h)  Suppression of evidence; denial of motion.     
                  (i)  Finality of orders.                            
                  (j)  Notification of emergency execution of physical
                        search; contents; postponement, suspension, or
                        elimination.                                  
                  (k)  Coordination with law enforcement on national
                        security matters.                             
    1826.       Congressional oversight.                              
    1827.       Penalties.                                            
                  (a)  Prohibited activities.                         
                  (b)  Defense.                                       
                  (c)  Fine or imprisonment.                          
                  (d)  Federal jurisdiction.                          
    1828.       Civil liability.                                      
    1829.       Authorization during time of war.                     

       SUBCHAPTER III - PEN REGISTERS AND TRAP AND TRACE DEVICES FOR
                       FOREIGN INTELLIGENCE PURPOSES
    1841.       Definitions.                                          
    1842.       Pen registers and trap and trace devices for foreign
                 intelligence and international terrorism
                 investigations.                                      
                  (a)  Application for authorization or approval.     
                  (b)  Form of application; recipient.                
                  (c)  Executive approval; contents of application.   
                  (d)  Ex parte judicial order of approval.           
                  (e)  Time limitation.                               
                  (f)  Cause of action barred.                        
                  (g)  Furnishing of results.                         
    1843.       Authorization during emergencies.                     
                  (a)  Requirements for authorization.                
                  (b)  Determination of emergency and factual basis.  
                  (c)  Effect of absence of order.                    
    1844.       Authorization during time of war.                     
    1845.       Use of information.                                   
                  (a)  In general.                                    
                  (b)  Disclosure for law enforcement purposes.       
                  (c)  Notification of intended disclosure by United
                        States.                                       
                  (d)  Notification of intended disclosure by State or
                        political subdivision.                        
                  (e)  Motion to suppress.                            
                  (f)  In camera and ex parte review.                 
                  (g)  Effect of determination of lawfulness.         
                  (h)  Binding final orders.                          
    1846.       Congressional oversight.                              

      SUBCHAPTER IV - ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
                           INTELLIGENCE PURPOSES
    1861.       Access to certain business records for foreign
                 intelligence and international terrorism
                 investigations.                                      
                  (a)  Application for order; conduct of investigation
                        generally.                                    
                  (b)  Recipient and contents of application.         
                  (c)  Ex parte judicial order of approval.           
                  (d)  Nondisclosure.                                 
                  (e)  Liability for good faith disclosure; waiver.   
    1862.       Congressional oversight.                              
    1863.       Repealed.                                             

                   SUBCHAPTER V - REPORTING REQUIREMENT               
    1871.       Semiannual report of the Attorney General.            
                  (a)  Report.                                        
                  (b)  Frequency.                                     

-End-


-CITE-
    50 USC SUBCHAPTER I - ELECTRONIC SURVEILLANCE               01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-
                  SUBCHAPTER I - ELECTRONIC SURVEILLANCE              

-End-



-CITE-
    50 USC Sec. 1801                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-
    Sec. 1801. Definitions

-STATUTE-
      As used in this subchapter:
        (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
            (C) engages in international terrorism or activities in
          preparation therefore; 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).

        (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, but does not include the acquisition of those
        communications of computer trespassers that would be
        permissible under section 2511(2)(i) of title 18;
          (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 1802(a) of this title, 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 72 hours unless a court
        order under section 1805 of this title 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 1101(a)(20) of title 8), 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) of this section.
        (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.

-SOURCE-
    (Pub. L. 95-511, title I, Sec. 101, Oct. 25, 1978, 92 Stat. 1783;
    Pub. L. 106-120, title VI, Sec. 601, Dec. 3, 1999, 113 Stat. 1619;
    Pub. L. 107-56, title X, Sec. 1003, Oct. 26, 2001, 115 Stat. 392;
    Pub. L. 107-108, title III, Sec. 314(a)(1), (c)(2), Dec. 28, 2001,
    115 Stat. 1402, 1403; Pub. L. 108-458, title VI, Sec. 6001(a), Dec.
    17, 2004, 118 Stat. 3742.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by Pub. L. 108-458, see Termination
    Date of 2004 Amendment note below.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(1)(C). Pub. L. 108-458, Sec. 6001, temporarily
    added subpar. (C). See Termination Date of 2004 Amendment note
    below.
      2001 - Subsec. (f)(2). Pub. L. 107-56, Sec. 1003, as amended by
    Pub. L. 107-108, Sec. 314(c)(2), inserted ", but does not include
    the acquisition of those communications of computer trespassers
    that would be permissible under section 2511(2)(i) of title 18"
    before semicolon at end.
      Subsec. (h)(4). Pub. L. 107-108, Sec. 314(a)(1), substituted "72
    hours" for "twenty-four hours".
      1999 - Subsec. (b)(2)(D), (E). Pub. L. 106-120 added subpar. (D)
    and redesignated former subpar. (D) as (E).

                    TERMINATION DATE OF 2004 AMENDMENT                
      Pub. L. 108-458, title VI, Sec. 6001(b), Dec. 17, 2004, 118 Stat.
    3742, provided that: "The amendment made by subsection (a)
    [amending this section] shall be subject to the sunset provision in
    section 224 of Public Law 107-56 [18 U.S.C. 2510 note] (115 Stat.
    295), including the exception provided in subsection (b) of such
    section 224."

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-108, title III, Sec. 314(c), Dec. 28, 2001, 115 Stat.
    1402, provided in part that the amendment made by section 314(c)(2)
    of Pub. L. 107-108 is effective as of Oct. 26, 2001, and as if
    included in Pub. L. 107-56 as originally enacted.

                         EFFECTIVE DATE; EXCEPTION                     
      Pub. L. 95-511, title VII, Sec. 701, formerly title III, Sec.
    301, Oct. 25, 1978, 92 Stat. 1798, as renumbered title IV, Sec.
    401, and amended by Pub. L. 103-359, title VIII, Sec. 807(a)(1),
    (2), Oct. 14, 1994, 108 Stat. 3443; renumbered title VI, Sec. 601,
    and amended Pub. L. 105-272, title VI, Secs. 601(1), 603(a), Oct.
    20, 1998, 112 Stat. 2404, 2412; renumbered title VII, Sec. 701,
    Pub. L. 108-458, title VI, Sec. 6002(a)(1), Dec. 17, 2004, 118
    Stat. 3743, provided that: "The provisions of this Act [enacting
    this chapter, amending sections 2511, 2518, and 2519 of Title 18,
    Crimes and Criminal Procedure, and enacting provision set out as a
    note below] (other than titles III, IV, and V [enacting subchapters
    II, III, and IV, respectively, of this chapter]) and the amendments
    made hereby shall become effective upon the date of enactment of
    this Act [Oct. 25, 1978], 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 [enacting this subchapter] within ninety days following the
    designation of the first judge pursuant to section 103 of this Act
    [section 1803 of this title]."

                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-567, title VI, Sec. 601, Dec. 27, 2000, 114 Stat.
    2850, provided that: "This title [enacting section 9A of the
    Classified Information Procedures Act, set out in the Appendix to
    Title 18, Crimes and Criminal Procedure, amending sections 402a,
    1804, 1805, 1808, 1823, and 1824 of this title, and enacting
    provisions set out as notes under this section and section 1806 of
    this title] may be cited as the 'Counterintelligence Reform Act of
    2000'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 95-511 provided in part: "That this Act
    [enacting this chapter, amending sections 2511, 2518, and 2519 of
    Title 18, Crimes and Criminal Procedure, and enacting provisions
    set out as a note above] may be cited as the 'Foreign Intelligence
    Surveillance Act of 1978'."

                               SEVERABILITY                           
      Pub. L. 106-567, title VI, Sec. 608, Dec. 27, 2000, 114 Stat.
    2856, provided that: "If any provision of this title [see Short
    Title of 2000 Amendment note above] (including an amendment made by
    this title), or the application thereof, to any person or
    circumstance, is held invalid, the remainder of this title
    (including the amendments made by this title), and the application
    thereof, to other persons or circumstances shall not be affected
    thereby."


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-



-CITE-
    50 USC Sec. 1802                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-
    Sec. 1802. Electronic surveillance authorization without court
      order; certification by Attorney General; reports to
      Congressional committees; transmittal under seal; duties and
      compensation of communication common carrier; applications;
      jurisdiction of court

-STATUTE-
      (a)(1) Notwithstanding any other law, the President, through the
    Attorney General, may authorize electronic surveillance without a
    court order under this subchapter 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 1801(a)(1), (2),
        or (3) of this title; 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 1801(a)(1), (2), or (3) of this
        title;

        (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 1801(h) of this title; 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 1808(a) of this title.
      (3) The Attorney General shall immediately transmit under seal to
    the court established under section 1803(a) of this title 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 National Intelligence, and shall remain sealed unless -
    
        (A) an application for a court order with respect to the
      surveillance is made under sections 1801(h)(4) and 1804 of this
      title; or
        (B) the certification is necessary to determine the legality of
      the surveillance under section 1806(f) of this title.

      (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 National 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 subchapter are
    authorized if the President has, by written authorization,
    empowered the Attorney General to approve applications to the court
    having jurisdiction under section 1803 of this title, and a judge
    to whom an application is made may, notwithstanding any other law,
    grant an order, in conformity with section 1805 of this title,
    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) of this section
    unless such surveillance may involve the acquisition of
    communications of any United States person.

-SOURCE-
    (Pub. L. 95-511, title I, Sec. 102, Oct. 25, 1978, 92 Stat. 1786;
    Pub. L. 108-458, title I, Sec. 1071(e), Dec. 17, 2004, 118 Stat.
    3691.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(3), (4)(B). Pub. L. 108-458 substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.


-EXEC-
       EX. ORD. NO. 12139. EXERCISE OF CERTAIN AUTHORITY RESPECTING
                          ELECTRONIC SURVEILLANCE
      Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, as amended by
    Ex. Ord. No. 13383, Sec. 1, July 15, 2005, 70 F.R. 41933, provided:
      By the authority vested in me as President by Sections 102 and
    104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
    1802 and 1804), in order to provide as set forth in that Act [this
    chapter] for the authorization of electronic surveillance for
    foreign intelligence purposes, it is hereby ordered as follows:
      1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence
    Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General
    is authorized to approve electronic surveillance to acquire foreign
    intelligence information without a court order, but only if the
    Attorney General makes the certifications required by that Section.
      1-102. Pursuant to Section 102(b) of the Foreign Intelligence Act
    of 1978 (50 U.S.C. 1802(b)), the Attorney General is authorized to
    approve applications to the court having jurisdiction under Section
    103 of that Act [50 U.S.C. 1803] to obtain orders for electronic
    surveillance for the purpose of obtaining foreign intelligence
    information.
      1-103. Pursuant to Section 104(a)(7) of the Foreign Intelligence
    Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)), the following
    officials, each of whom is employed in the area of national
    security or defense, is designated to make the certifications
    required by Section 104(a)(7) of the Act in support of applications
    to conduct electronic surveillance:
        (a) Secretary of State.
        (b) Secretary of Defense.
        (c) Director of National Intelligence.
        (d) Director of the Federal Bureau of Investigation.
        (e) Deputy Secretary of State.
        (f) Deputy Secretary of Defense.
        (g) Director of the Central Intelligence Agency.
        (h) Principal Deputy Director of National Intelligence.
    None of the above officials, nor anyone officially acting in that
    capacity, may exercise the authority to make the above
    certifications, unless that official has been appointed by the
    President with the advice and consent of the Senate.
      1-104. Section 2-202 of Executive Order No. 12036 [set out under
    section 401 of this title] is amended by inserting the following at
    the end of that section: "Any electronic surveillance, as defined
    in the Foreign Intelligence Surveillance Act of 1978, shall be
    conducted in accordance with that Act as well as this Order.".
      1-105. Section 2-203 of Executive Order No. 12036 [set out under
    section 401 of this title] is amended by inserting the following at
    the end of that section: "Any monitoring which constitutes
    electronic surveillance as defined in the Foreign Intelligence
    Surveillance Act of 1978 shall be conducted in accordance with that
    Act as well as this Order.".

-End-



-CITE-
    50 USC Sec. 1803                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-
    Sec. 1803. Designation of judges

-STATUTE-
    (a) Court to hear applications and grant orders; record of denial;
      transmittal to court of review
      The Chief Justice of the United States shall publicly designate
    11 district court judges from seven of the United States judicial
    circuits of whom no fewer than 3 shall reside within 20 miles of
    the District of Columbia 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 chapter, except that no
    judge designated under this subsection shall hear the same
    application for electronic surveillance under this chapter 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 chapter, 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) of this section.
    (b) Court of review; record, transmittal to Supreme Court
      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 chapter. 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) Expeditious conduct of proceedings; security measures for
      maintenance of records
      Proceedings under this chapter shall be conducted as
    expeditiously as possible. The record of proceedings under this
    chapter, 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
    National Intelligence.
    (d) Tenure
      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) of
    this section 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) of this section shall be designated
    for terms of three, five, and seven years.

-SOURCE-
    (Pub. L. 95-511, title I, Sec. 103, Oct. 25, 1978, 92 Stat. 1788;
    Pub. L. 107-56, title II, Sec. 208, Oct. 26, 2001, 115 Stat. 283;
    Pub. L. 108-458, title I, Sec. 1071(e), Dec. 17, 2004, 118 Stat.
    3691.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a), (b), and (c), was in
    the original "this Act", meaning Pub. L. 95-511, Oct. 25, 1978, 92
    Stat. 1783, as amended, which is classified principally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 1801 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-458 substituted "Director of
    National Intelligence" for "Director of Central Intelligence".
      2001 - Subsec. (a). Pub. L. 107-56 substituted "11 district court
    judges" for "seven district court judges" and inserted "of whom no
    fewer than 3 shall reside within 20 miles of the District of
    Columbia" after "judicial circuits".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

-End-



-CITE-
    50 USC Sec. 1804                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-
    Sec. 1804. Applications for court orders

-STATUTE-
    (a) Submission by Federal officer; approval of Attorney General;
      contents
      Each application for an order approving electronic surveillance
    under this subchapter shall be made by a Federal officer in writing
    upon oath or affirmation to a judge having jurisdiction under
    section 1803 of this title. 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 subchapter. 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 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 1801(e) of this title; 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
      subchapter 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 subchapter 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) Exclusion of certain information respecting foreign power
      targets
      Whenever the target of the electronic surveillance is a foreign
    power, as defined in section 1801(a)(1), (2), or (3) of this title,
    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) of this
    section, 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) Additional affidavits or certifications
      The Attorney General may require any other affidavit or
    certification from any other officer in connection with the
    application.
    (d) Additional information
      The judge may require the applicant to furnish such other
    information as may be necessary to make the determinations required
    by section 1805 of this title.
    (e) Personal review by Attorney General
      (1)(A) Upon written request of the Director of the Federal Bureau
    of Investigation, the Secretary of Defense, the Secretary of State,
    or the Director of National Intelligence, the Attorney General
    shall personally review under subsection (a) of this section an
    application under that subsection for a target described in section
    1801(b)(2) of this title.
      (B) Except when disabled or otherwise unavailable to make a
    request referred to in subparagraph (A), an official referred to in
    that subparagraph may not delegate the authority to make a request
    referred to in that subparagraph.
      (C) Each official referred to in subparagraph (A) with authority
    to make a request under that subparagraph shall take appropriate
    actions in advance to ensure that delegation of such authority is
    clearly established in the event such official is disabled or
    otherwise unavailable to make such request.
      (2)(A) If as a result of a request under paragraph (1) the
    Attorney General determines not to approve an application under the
    second sentence of subsection (a) of this section for purposes of
    making the application under this section, the Attorney General
    shall provide written notice of the determination to the official
    making the request for the review of the application under that
    paragraph. Except when disabled or otherwise unavailable to make a
    determination under the preceding sentence, the Attorney General
    may not delegate the responsibility to make a determination under
    that sentence. The Attorney General shall take appropriate actions
    in advance to ensure that delegation of such responsibility is
    clearly established in the event the Attorney General is disabled
    or otherwise unavailable to make such determination.
      (B) Notice with respect to an application under subparagraph (A)
    shall set forth the modifications, if any, of the application that
    are necessary in order for the Attorney General to approve the
    application under the second sentence of subsection (a) of this
    section for purposes of making the application under this section.
      (C) Upon review of any modifications of an application set forth
    under subparagraph (B), the official notified of the modifications
    under this paragraph shall modify the application if such official
    determines that such modification is warranted. Such official shall
    supervise the making of any modification under this subparagraph.
    Except when disabled or otherwise unavailable to supervise the
    making of any modification under the preceding sentence, such
    official may not delegate the responsibility to supervise the
    making of any modification under that preceding sentence. Each such
    official shall take appropriate actions in advance to ensure that
    delegation of such responsibility is clearly established in the
    event such official is disabled or otherwise unavailable to
    supervise the making of such modification.

-SOURCE-
    (Pub. L. 95-511, title I, Sec. 104, Oct. 25, 1978, 92 Stat. 1788;
    Pub. L. 106-567, title VI, Sec. 602(a), Dec. 27, 2000, 114 Stat.
    2851; Pub. L. 107-56, title II, Sec. 218, Oct. 26, 2001, 115 Stat.
    291; Pub. L. 108-458, title I, Sec. 1071(e), Dec. 17, 2004, 118
    Stat. 3691.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by Pub. L. 107-56, see Termination
    Date of 2001 Amendment note below.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (e)(1)(A). Pub. L. 108-458 substituted "Director
    of National Intelligence" for "Director of Central Intelligence".
      2001 - Subsec. (a)(7)(B). Pub. L. 107-56, Secs. 218, 224,
    temporarily substituted "a significant purpose" for "the purpose".
    See Termination Date of 2001 Amendment note below.
      2000 - Subsec. (e). Pub. L. 106-567 added subsec. (e).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                    TERMINATION DATE OF 2001 AMENDMENT                
      Amendment by Pub. L. 107-56 to cease to have effect Feb. 3, 2006,
    except amendment to continue in effect with respect to any
    particular foreign intelligence investigation that began before
    Feb. 3, 2006, or with respect to any particular offense or
    potential offense that began or occurred before Feb. 3, 2006, see
    section 224 of Pub. L. 107-56, set out as a note under section 2510
    of Title 18, Crimes and Criminal Procedure.

          DESIGNATION OF CERTAIN OFFICIALS TO MAKE CERTIFICATIONS      
      For designation of certain officials to make certifications
    required by subsec. (a)(7) of this section, see Ex. Ord. No. 12139,
    May 23, 1979, 44 F.R. 30311, set out under section 1802 of this
    title.

-End-



-CITE-
    50 USC Sec. 1805                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-
    Sec. 1805. Issuance of order

-STATUTE-
    (a) Necessary findings
      Upon an application made pursuant to section 1804 of this title,
    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 1801(h) of this title; and
        (5) the application which has been filed contains all
      statements and certifications required by section 1804 of this
      title 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 1804(a)(7)(E) of this
      title and any other information furnished under section 1804(d)
      of this title.
    (b) Determination of probable cause
      In determining whether or not probable cause exists for purposes
    of an order under subsection (a)(3) of this section, a judge may
    consider past activities of the target, as well as facts and
    circumstances relating to current or future activities of the
    target.
    (c) Specifications and directions of orders
      An order approving an electronic surveillance under this section
    shall - 
        (1) specify - 
          (A) the identity, if known, or a description of the 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,
        if known;
          (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, or in circumstances where the Court
        finds that the actions of the target of the application may
        have the effect of thwarting the identification of a specified
        person, such other persons, 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 National Intelligence 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.
    (d) Exclusion of certain information respecting foreign power
      targets
      Whenever the target of the electronic surveillance is a foreign
    power, as defined in section 1801(a)(1), (2), or (3) of this title,
    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 (c)(1) of this
    section, 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.
    (e) Duration of order; extensions; review of circumstances under
      which information was acquired, retained or disseminated
      (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 (A) an order under
    this section shall approve an electronic surveillance targeted
    against a foreign power, as defined in section 1801(a)(1), (2), or
    (3) of this title, for the period specified in the application or
    for one year, whichever is less, and (B) an order under this
    chapter for a surveillance targeted against an agent of a foreign
    power, as defined in section 1801(b)(1)(A) of this title may be for
    the period specified in the application or for 120 days, whichever
    is less.
      (2) Extensions of an order issued under this subchapter 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 (A) an extension of an
    order under this chapter for a surveillance targeted against a
    foreign power, as defined in section 1801(a)(5) or (6) of this
    title, or against a foreign power as defined in section 1801(a)(4)
    of this title 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, and (B) an extension of
    an order under this chapter for a surveillance targeted against an
    agent of a foreign power as defined in section 1801(b)(1)(A) of
    this title may be for a period not to exceed 1 year.
      (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.
    (f) Emergency orders
      Notwithstanding any other provision of this subchapter, 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 1803 of
    this title 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 subchapter is made to that judge as soon as
    practicable, but not more than 72 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
    subchapter 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 72 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 1803 of this title.
    (g) Testing of electronic equipment; discovering unauthorized
      electronic surveillance; training of intelligence personnel
      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, or section 605 of
        title 47, 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 subchapter; 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.
    (h) Retention of certifications, applications and orders
      Certifications made by the Attorney General pursuant to section
    1802(a) of this title and applications made and orders granted
    under this subchapter shall be retained for a period of at least
    ten years from the date of the certification or application.
    (i) Bar to legal action
      No cause of action shall lie in any court against any provider of
    a wire or electronic communication service, landlord, custodian, or
    other person (including any officer, employee, agent, or other
    specified person thereof) that furnishes any information,
    facilities, or technical assistance in accordance with a court
    order or request for emergency assistance under this chapter for
    electronic surveillance or physical search.

-SOURCE-
    (Pub. L. 95-511, title I, Sec. 105, Oct. 25, 1978, 92 Stat. 1790;
    Pub. L. 98-549, Sec. 6(b)(3), Oct. 30, 1984, 98 Stat. 2804; Pub. L.
    106-567, title VI, Sec. 602(b), Dec. 27, 2000, 114 Stat. 2851; Pub.
    L. 107-56, title II, Secs. 206, 207(a)(1), (b)(1), 225, Oct. 26,
    2001, 115 Stat. 282, 295; Pub. L. 107-108, title III, Sec.
    314(a)(2), (c)(1), Dec. 28, 2001, 115 Stat. 1402, 1403; Pub. L. 107-
    273, div. B, title IV, Sec. 4005(c), Nov. 2, 2002, 116 Stat. 1812;
    Pub. L. 108-458, title I, Sec. 1071(e), Dec. 17, 2004, 118 Stat.
    3691.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by Pub. L. 107-56, see Effective and
    Termination Dates of 2001 Amendments note below.

-COD-
                               CODIFICATION                           
      As originally enacted, Pub. L. 107-56, Sec. 225, temporarily
    amended this section by adding subsec. (h) relating to bar of legal
    action after subsec. (g). The section already contained a subsec.
    (h). Both Pub. L. 107-108, Sec. 314(a)(2)(C), and Pub. L. 107-273,
    Sec. 4005(c), made amendments retroactive to the date of enactment
    of Pub. L. 107-56 which had the effect of redesignating subsec.
    (h), relating to bar of legal action, as subsec. (i) and
    transferring it to appear at the end of this section. See 2001
    Amendment notes, Effective Date of 2002 Amendment note, and
    Effective and Termination Dates of 2001 Amendments notes below.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c)(2)(C). Pub. L. 108-458 substituted "Director
    of National Intelligence" for "Director of Central Intelligence".
      2002 - Subsec. (i). Pub. L. 107-273 amended Pub. L. 107-56, Sec.
    225. See 2001 Amendment notes below.
      2001 - Subsec. (c)(1)(B). Pub. L. 107-108, Sec. 314(a)(2)(A),
    inserted ", if known" before semicolon at end.
      Subsec. (c)(2)(B). Pub. L. 107-56, Secs. 206, 224, temporarily
    inserted ", or in circumstances where the Court finds that the
    actions of the target of the application may have the effect of
    thwarting the identification of a specified person, such other
    persons," after "specified person". See Effective and Termination
    Dates of 2001 Amendments note below.
      Subsec. (e)(1). Pub. L. 107-56, Secs. 207(a)(1), 224, temporarily
    inserted "(A)" after "except that" and ", and (B) an order under
    this chapter for a surveillance targeted against an agent of a
    foreign power, as defined in section 1801(b)(1)(A) of this title
    may be for the period specified in the application or for 120 days,
    whichever is less" before period at end. See Effective and
    Termination Dates of 2001 Amendments note below.
      Subsec. (e)(2). Pub. L. 107-56, Secs. 207(b)(1), 224, as amended
    by Pub. L. 107-108, Sec. 314(c)(1), inserted "(A)" after "except
    that" and ", and (B) an extension of an order under this chapter
    for a surveillance targeted against an agent of a foreign power as
    defined in section 1801(b)(1)(A) of this title may be for a period
    not to exceed 1 year" before period at end. See Effective and
    Termination Dates of 2001 Amendments note below.
      Subsec. (f). Pub. L. 107-108, Sec. 314(a)(2)(B), substituted "72
    hours" for "twenty-four hours" in two places in concluding
    provisions.
      Subsec. (h). Pub. L. 107-108, Sec. 314(a)(2)(C), transferred
    subsec. (h) added by section 225 of Pub. L. 107-56 to appear after
    the subsec. (h) redesignated by section 602(b)(2) of Pub. L. 106-
    567, and redesignated the transferred subsec. (h) as subsec. (i).
    See Codification note above.
      Subsec. (i). Pub. L. 107-108, Sec. 314(a)(2)(D), inserted "for
    electronic surveillance or physical search" before period at end.
      Pub. L. 107-108, Sec. 314(a)(2)(C), transferred subsec. (h) added
    by section 225 of Pub. L. 107-56 to appear after the subsec. (h)
    redesignated by section 602(b)(2) of Pub. L. 106-567, and
    redesignated the transferred subsec. (h) as subsec. (i). See
    Codification note above.
      Pub. L. 107-56, Secs. 224, 225, as amended by Pub. L. 107-273,
    Sec. 4005(c), temporarily added subsec. (i) relating to bar of
    legal action. See Effective and Termination Dates of 2001
    Amendments note below.
      2000 - Subsecs. (b), (c). Pub. L. 106-567, Sec. 602(b)(1), (2),
    added subsec. (b) and redesignated former subsec. (b) as (c).
    Former subsec. (c) redesignated (d).
      Subsec. (d). Pub. L. 106-567, Sec. 602(b)(1), (3), redesignated
    subsec. (c) as (d) and substituted "subsection (c)(1)" for
    "subsection (b)(1)". Former subsec. (d) redesignated (e).
      Subsecs. (e) to (h). Pub. L. 106-567, Sec. 602(b)(1),
    redesignated subsecs. (d) to (g) as (e) to (h), respectively.
      1984 - Subsec. (f)(2)(C). Pub. L. 98-549 substituted "section
    705" for "section 605" in the original to accommodate renumbering
    of sections in subchapter VI (section 601 et seq.) of chapter 5 of
    Title 47, Telegraphs, Telephones, and Radiotelegraphs, by section
    6(a) of Pub. L. 98-549. Because both sections translate as "section
    605 of Title 47", the amendment by Pub. L. 98-549 resulted in no
    change in text.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-273, div. B, title IV, Sec. 4005(c), Nov. 2, 2002,
    116 Stat. 1812, provided that the amendment made by section 4005(c)
    is effective Oct. 26, 2001.

            EFFECTIVE AND TERMINATION DATES OF 2001 AMENDMENTS        
      Pub. L. 107-108, title III, Sec. 314(c), Dec. 28, 2001, 115 Stat.
    1402, provided in part that the amendment made by section 314(c)(1)
    of Pub. L. 107-108 is effective as of Oct. 26, 2001, and as if
    included in Pub. L. 107-56 as originally enacted.
      Amendment by Pub. L. 107-56 to cease to have effect Feb. 3, 2006,
    except amendment to continue in effect with respect to any
    particular foreign intelligence investigation that began before
    Feb. 3, 2006, or with respect to any particular offense or
    potential offense that began or occurred before Feb. 3, 2006, see
    section 224 of Pub. L. 107-56, set out as a Termination of 2001
    Amendment note under section 2510 of Title 18, Crimes and Criminal
    Procedure.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-549 effective 60 days after Oct. 30,
    1984, except where otherwise expressly provided, see section 9(a)
    of Pub. L. 98-549, set out as a note under section 521 of Title 47,
    Telegraphs, Telephones, and Radiotelegraphs.

-End-



-CITE-
    50 USC Sec. 1806                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-
    Sec. 1806. Use of information

-STATUTE-
    (a) Compliance with minimization procedures; privileged
      communications; lawful purposes
      Information acquired from an electronic surveillance conducted
    pursuant to this subchapter 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 subchapter. No otherwise
    privileged communication obtained in accordance with, or in
    violation of, the provisions of this subchapter shall lose its
    privileged character. No information acquired from an electronic
    surveillance pursuant to this subchapter may be used or disclosed
    by Federal officers or employees except for lawful purposes.
    (b) Statement for disclosure
      No information acquired pursuant to this subchapter 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) Notification by United States
      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 subchapter, 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) Notification by States or political subdivisions
      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 subchapter,
    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) Motion to suppress
      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) In camera and ex parte review by district court
      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) of this section, 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 chapter, 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) Suppression of evidence; denial of motion
      If the United States district court pursuant to subsection (f) of
    this section 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) Finality of orders
      Orders granting motions or requests under subsection (g) of this
    section, 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) Destruction of unintentionally acquired information
      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) Notification of emergency employment of electronic
      surveillance; contents; postponement, suspension or elimination
      If an emergency employment of electronic surveillance is
    authorized under section 1805(e) (!1) of this title 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.
    (k) Coordination with law enforcement on national security matters
      (1) Federal officers who conduct electronic surveillance to
    acquire foreign intelligence information under this subchapter may
    consult with Federal law enforcement officers or law enforcement
    personnel of a State or political subdivision of a State (including
    the chief executive officer of that State or political subdivision
    who has the authority to appoint or direct the chief law
    enforcement officer of that State or political subdivision) to
    coordinate efforts to investigate or 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.

      (2) Coordination authorized under paragraph (1) shall not
    preclude the certification required by section 1804(a)(7)(B) of
    this title or the entry of an order under section 1805 of this
    title.

-SOURCE-
    (Pub. L. 95-511, title I, Sec. 106, Oct. 25, 1978, 92 Stat. 1793;
    Pub. L. 107-56, title V, Sec. 504(a), Oct. 26, 2001, 115 Stat. 364;
    Pub. L. 107-296, title VIII, Sec. 898, Nov. 25, 2002, 116 Stat.
    2258.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1805(e) of this title, referred to in subsec. (j), was
    redesignated section 1805(f) of this title by Pub. L. 106-567,
    title VI, Sec. 602(b)(1), Dec. 27, 2000, 114 Stat. 2851.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (k)(1). Pub. L. 107-296, in introductory
    provisions, inserted "or law enforcement personnel of a State or
    political subdivision of a State (including the chief executive
    officer of that State or political subdivision who has the
    authority to appoint or direct the chief law enforcement officer of
    that State or political subdivision)" after "law enforcement
    officers".
      2001 - Subsec. (k). Pub. L. 107-56 added subsec. (k).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

         REPORT ON MECHANISMS FOR DETERMINATIONS OF DISCLOSURE OF
                 INFORMATION FOR LAW ENFORCEMENT PURPOSES
      Pub. L. 106-567, title VI, Sec. 604(b), Dec. 27, 2000, 114 Stat.
    2853, provided that:
      "(1) The Attorney General shall submit to the appropriate
    committees of Congress a report on the authorities and procedures
    utilized by the Department of Justice for determining whether or
    not to disclose information acquired under the Foreign Intelligence
    Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) for law
    enforcement purposes.
      "(2) In this subsection, the term 'appropriate committees of
    Congress' means the following:
        "(A) The Select Committee on Intelligence and the Committee on
      the Judiciary of the Senate.
        "(B) The Permanent Select Committee on Intelligence and the
      Committee on the Judiciary of the House of Representatives."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC Sec. 1807                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-
    Sec. 1807. Report to Administrative Office of the United States
      Court and to Congress

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

-SOURCE-
    (Pub. L. 95-511, title I, Sec. 107, Oct. 25, 1978, 92 Stat. 1795.)

-End-



-CITE-
    50 USC Sec. 1808                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-
    Sec. 1808. Report of Attorney General to Congressional committees;
      limitation on authority or responsibility of information
      gathering activities of Congressional committees; report of
      Congressional committees to Congress

-STATUTE-
      (a)(1) On a semiannual basis the Attorney General shall fully
    inform the House Permanent Select Committee on Intelligence and the
    Senate Select Committee on Intelligence concerning all electronic
    surveillance under this subchapter. Nothing in this subchapter
    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.
      (2) Each report under the first sentence of paragraph (1) shall
    include a description of - 
        (A) each criminal case in which information acquired under this
      chapter has been passed for law enforcement purposes during the
      period covered by such report; and
        (B) each criminal case in which information acquired under this
      chapter has been authorized for use at trial during such
      reporting period.

      (b) On or before one year after October 25, 1978, 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 chapter. 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.

-SOURCE-
    (Pub. L. 95-511, title I, Sec. 108, Oct. 25, 1978, 92 Stat. 1795;
    Pub. L. 106-567, title VI, Sec. 604(a), Dec. 27, 2000, 114 Stat.
    2853.)


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-567 designated existing
    provisions as par. (1) and added par. (2).

-End-



-CITE-
    50 USC Sec. 1809                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-
    Sec. 1809. Criminal sanctions

-STATUTE-
    (a) Prohibited activities
      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) of this
    section 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) Penalties
      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) Federal 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.

-SOURCE-
    (Pub. L. 95-511, title I, Sec. 109, Oct. 25, 1978, 92 Stat. 1796.)

-End-



-CITE-
    50 USC Sec. 1810                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-
    Sec. 1810. Civil liability

-STATUTE-
      An aggrieved person, other than a foreign power or an agent of a
    foreign power, as defined in section 1801(a) or (b)(1)(A) of this
    title, 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 1809 of this title 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.

-SOURCE-
    (Pub. L. 95-511, title I, Sec. 110, Oct. 25, 1978, 92 Stat. 1796.)

-End-



-CITE-
    50 USC Sec. 1811                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-
    Sec. 1811. Authorization during time of war

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

-SOURCE-
    (Pub. L. 95-511, title I, Sec. 111, Oct. 25, 1978, 92 Stat. 1796.)

-End-


-CITE-
    50 USC SUBCHAPTER II - PHYSICAL SEARCHES                    01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER II - PHYSICAL SEARCHES

-HEAD-
                     SUBCHAPTER II - PHYSICAL SEARCHES                 

-End-



-CITE-
    50 USC Sec. 1821                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER II - PHYSICAL SEARCHES

-HEAD-
    Sec. 1821. Definitions

-STATUTE-
      As used in this subchapter:
        (1) The terms "foreign power", "agent of a foreign power",
      "international terrorism", "sabotage", "foreign intelligence
      information", "Attorney General", "United States person", "United
      States", "person", and "State" shall have the same meanings as in
      section 1801 of this title, except as specifically provided by
      this subchapter.
        (2) "Aggrieved person" means a person whose premises, property,
      information, or material is the target of physical search or any
      other person whose premises, property, information, or material
      was subject to physical search.
        (3) "Foreign Intelligence Surveillance Court" means the court
      established by section 1803(a) of this title.
        (4) "Minimization procedures" with respect to physical search,
      means - 
          (A) specific procedures, which shall be adopted by the
        Attorney General, that are reasonably designed in light of the
        purposes and technique of the particular physical search, 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;
          (B) procedures that require that nonpublicly available
        information, which is not foreign intelligence information, as
        defined in section 1801(e)(1) of this title, 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 such foreign intelligence
        information or assess its importance;
          (C) notwithstanding subparagraphs (A) and (B), 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
          (D) notwithstanding subparagraphs (A), (B), and (C), with
        respect to any physical search approved pursuant to section
        1822(a) of this title, procedures that require that no
        information, material, or property of a United States person
        shall be disclosed, disseminated, or used for any purpose or
        retained for longer than 72 hours unless a court order under
        section 1824 of this title is obtained or unless the Attorney
        General determines that the information indicates a threat of
        death or serious bodily harm to any person.

        (5) "Physical search" means any physical intrusion within the
      United States into premises or property (including examination of
      the interior of property by technical means) that is intended to
      result in a seizure, reproduction, inspection, or alteration of
      information, material, or property, under circumstances in which
      a person has a reasonable expectation of privacy and a warrant
      would be required for law enforcement purposes, but does not
      include (A) "electronic surveillance", as defined in section
      1801(f) of this title, or (B) the acquisition by the United
      States Government of foreign intelligence information from
      international or foreign communications, or foreign intelligence
      activities conducted in accordance with otherwise applicable
      Federal law involving a foreign electronic communications system,
      utilizing a means other than electronic surveillance as defined
      in section 1801(f) of this title.

-SOURCE-
    (Pub. L. 95-511, title III, Sec. 301, as added Pub. L. 103-359,
    title VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3443; amended
    Pub. L. 107-108, title III, Sec. 314(a)(3), Dec. 28, 2001, 115
    Stat. 1402.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 301 of Pub. L. 95-511 was renumbered section 601
    and is set out as a note under section 1801 of this title.

                                AMENDMENTS                            
      2001 - Par. (4)(D). Pub. L. 107-108 substituted "72 hours" for
    "24 hours".

                              EFFECTIVE DATE                          
      Section 807(c) of Pub. L. 103-359 provided that: "The amendments
    made by subsections (a) and (b) [enacting this subchapter and
    amending provisions set out as a note under section 1801 of this
    title] shall take effect 90 days after the date of enactment of
    this Act [Oct. 14, 1994], except that any physical search approved
    by the Attorney General of the United States to gather foreign
    intelligence information shall not be deemed unlawful for failure
    to follow the procedures of title III of the Foreign Intelligence
    Surveillance Act of 1978 [this subchapter] (as added by this Act),
    if that search is conducted within 180 days after the date of
    enactment of this Act pursuant to regulations issued by the
    Attorney General, which were in the possession of the Select
    Committee on Intelligence of the Senate and the Permanent Select
    Committee on Intelligence of the House of Representatives before
    the date of enactment of this Act."

-End-



-CITE-
    50 USC Sec. 1822                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER II - PHYSICAL SEARCHES

-HEAD-
    Sec. 1822. Authorization of physical searches for foreign
      intelligence purposes

-STATUTE-
    (a) Presidential authorization
      (1) Notwithstanding any other provision of law, the President,
    acting through the Attorney General, may authorize physical
    searches without a court order under this subchapter to acquire
    foreign intelligence information for periods of up to one year if -
    
        (A) the Attorney General certifies in writing under oath that -
      
          (i) the physical search is solely directed at premises,
        information, material, or property used exclusively by, or
        under the open and exclusive control of, a foreign power or
        powers (as defined in section 1801(a)(1), (2), or (3) of this
        title);
          (ii) there is no substantial likelihood that the physical
        search will involve the premises, information, material, or
        property of a United States person; and
          (iii) the proposed minimization procedures with respect to
        such physical search meet the definition of minimization
        procedures under paragraphs (1) through (4) (!1) of section
        1821(4) of this title; and


        (B) the Attorney General reports such minimization procedures
      and any changes thereto to the Permanent Select Committee on
      Intelligence of the House of Representatives and the Select
      Committee on Intelligence of the Senate at least 30 days before
      their effective date, unless the Attorney General determines that
      immediate action is required and notifies the committees
      immediately of such minimization procedures and the reason for
      their becoming effective immediately.

      (2) A physical search authorized by this subsection may be
    conducted only in accordance with the certification and
    minimization procedures adopted by the Attorney General. The
    Attorney General shall assess compliance with such procedures and
    shall report such assessments to the Permanent Select Committee on
    Intelligence of the House of Representatives and the Select
    Committee on Intelligence of the Senate under the provisions of
    section 1826 of this title.
      (3) The Attorney General shall immediately transmit under seal to
    the Foreign Intelligence Surveillance Court a copy of the
    certification. Such certification shall be maintained under
    security measures established by the Chief Justice of the United
    States with the concurrence of the Attorney General, in
    consultation with the Director of National Intelligence, and shall
    remain sealed unless - 
        (A) an application for a court order with respect to the
      physical search is made under section 1821(4) of this title and
      section 1823 of this title; or
        (B) the certification is necessary to determine the legality of
      the physical search under section 1825(g) of this title.

      (4)(A) With respect to physical searches authorized by this
    subsection, the Attorney General may direct a specified landlord,
    custodian, or other specified person to - 
        (i) furnish all information, facilities, or assistance
      necessary to accomplish the physical search in such a manner as
      will protect its secrecy and produce a minimum of interference
      with the services that such landlord, custodian, or other person
      is providing the target of the physical search; and
        (ii) maintain under security procedures approved by the
      Attorney General and the Director of National Intelligence any
      records concerning the search or the aid furnished that such
      person wishes to retain.

      (B) The Government shall compensate, at the prevailing rate, such
    landlord, custodian, or other person for furnishing such aid.
    (b) Application for order; authorization
      Applications for a court order under this subchapter are
    authorized if the President has, by written authorization,
    empowered the Attorney General to approve applications to the
    Foreign Intelligence Surveillance Court. Notwithstanding any other
    provision of law, a judge of the court to whom application is made
    may grant an order in accordance with section 1824 of this title
    approving a physical search in the United States of the premises,
    property, information, or material of a foreign power or an agent
    of a foreign power for the purpose of collecting foreign
    intelligence information.
    (c) Jurisdiction of Foreign Intelligence Surveillance Court
      The Foreign Intelligence Surveillance Court shall have
    jurisdiction to hear applications for and grant orders approving a
    physical search for the purpose of obtaining foreign intelligence
    information anywhere within the United States under the procedures
    set forth in this subchapter, except that no judge shall hear the
    same application which has been denied previously by another judge
    designated under section 1803(a) of this title. If any judge so
    designated denies an application for an order authorizing a
    physical search under this subchapter, such judge shall provide
    immediately for the record a written statement of each reason for
    such decision and, on motion of the United States, the record shall
    be transmitted, under seal, to the court of review established
    under section 1803(b) of this title.
    (d) Court of review; record; transmittal to Supreme Court
      The court of review established under section 1803(b) of this
    title shall have jurisdiction to review the denial of any
    application made under this subchapter. 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.
    (e) Expeditious conduct of proceedings; security measures for
      maintenance of records
      Judicial proceedings under this subchapter shall be concluded as
    expeditiously as possible. The record of proceedings under this
    subchapter, including applications made and orders granted, shall
    be maintained under security measures established by the Chief
    Justice of the United States in consultation with the Attorney
    General and the Director of National Intelligence.

-SOURCE-
    (Pub. L. 95-511, title III, Sec. 302, as added Pub. L. 103-359,
    title VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3444; amended
    Pub. L. 108-458, title I, Sec. 1071(e), Dec. 17, 2004, 118 Stat.
    3691.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsecs. (a)(3), (4)(A)(ii), (e). Pub. L. 108-458
    substituted "Director of National Intelligence" for "Director of
    Central Intelligence".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.


-EXEC-
        EX. ORD. NO. 12949. FOREIGN INTELLIGENCE PHYSICAL SEARCHES    
      Ex. Ord. No. 12949, Feb. 9, 1995, 60 F.R. 8169, as amended by Ex.
    Ord. No. 13383, Sec. 2, July 15, 2005, 70 F.R. 41933, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States, including sections 302 and 303
    of the Foreign Intelligence Surveillance Act of 1978 ("Act") (50
    U.S.C. 1801, et seq.), as amended by Public Law 103-359 [50 U.S.C.
    1822, 1823], and in order to provide for the authorization of
    physical searches for foreign intelligence purposes as set forth in
    the Act, it is hereby ordered as follows:
      Section 1. Pursuant to section 302(a)(1) of the Act, the Attorney
    General is authorized to approve physical searches, without a court
    order, to acquire foreign intelligence information for periods of
    up to one year, if the Attorney General makes the certifications
    required by that section.
      Sec. 2. Pursuant to section 302(b) of the Act, the Attorney
    General is authorized to approve applications to the Foreign
    Intelligence Surveillance Court under section 303 of the Act to
    obtain orders for physical searches for the purpose of collecting
    foreign intelligence information.
      Sec. 3. Pursuant to section 303(a)(7) of the Act, the following
    officials, each of whom is employed in the area of national
    security or defense, is designated to make the certifications
    required by section 303(a)(7) of the Act in support of applications
    to conduct physical searches:
        (a) Secretary of State;
        (b) Secretary of Defense;
        [(c)] Director of National Intelligence;
        (d) Director of the Federal Bureau of Investigation,
        (e) Deputy Secretary of State;
        (f) Deputy Secretary of Defense;
        (g) Director of the Central Intelligence Agency; and
        (h) Principal Deputy Director of National Intelligence.
    None of the above officials, nor anyone officially acting in that
    capacity, may exercise the authority to make the above
    certifications, unless that official has been appointed by the
    President, by and with the advice and consent of the Senate.

-FOOTNOTE-
    (!1) So in original. Probably should be "subparagraphs (A) through
         (D)".


-End-



-CITE-
    50 USC Sec. 1823                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER II - PHYSICAL SEARCHES

-HEAD-
    Sec. 1823. Application for order

-STATUTE-
    (a) Submission by Federal officer; approval of Attorney General;
      contents
      Each application for an order approving a physical search under
    this subchapter shall be made by a Federal officer in writing upon
    oath or affirmation to a judge of the Foreign Intelligence
    Surveillance Court. Each application shall require the approval of
    the Attorney General based upon the Attorney General's finding that
    it satisfies the criteria and requirements for such application as
    set forth in this subchapter. Each application shall include - 
        (1) the identity of the Federal officer making the application;
        (2) the authority conferred on the Attorney General by the
      President and the approval of the Attorney General to make the
      application;
        (3) the identity, if known, or a description of the target of
      the search, and a detailed description of the premises or
      property to be searched and of the information, material, or
      property to be seized, reproduced, or altered;
        (4) a statement of the facts and circumstances relied upon by
      the applicant to justify the applicant's belief that - 
          (A) the target of the physical search is a foreign power or
        an agent of a foreign power;
          (B) the premises or property to be searched contains foreign
        intelligence information; and
          (C) the premises or property to be searched is owned, used,
        possessed by, or is in transit to or from a foreign power or an
        agent of a foreign power;

        (5) a statement of the proposed minimization procedures;
        (6) a statement of the nature of the foreign intelligence
      sought and the manner in which the physical search is to be
      conducted;
        (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 branch officers employed in the area of national
      security or defense and appointed by the President, by and 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 search 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 1801(e) of this title; and
          (E) includes a statement explaining the basis for the
        certifications required by subparagraphs (C) and (D);

        (8) where the physical search involves a search of the
      residence of a United States person, the Attorney General shall
      state what investigative techniques have previously been utilized
      to obtain the foreign intelligence information concerned and the
      degree to which these techniques resulted in acquiring such
      information; and
        (9) a statement of the facts concerning all previous
      applications that have been made to any judge under this
      subchapter involving any of the persons, premises, or property
      specified in the application, and the action taken on each
      previous application.
    (b) Additional affidavits or certifications
      The Attorney General may require any other affidavit or
    certification from any other officer in connection with the
    application.
    (c) Additional information
      The judge may require the applicant to furnish such other
    information as may be necessary to make the determinations required
    by section 1824 of this title.
    (d) Personal review by Attorney General
      (1)(A) Upon written request of the Director of the Federal Bureau
    of Investigation, the Secretary of Defense, the Secretary of State,
    or the Director of National Intelligence, the Attorney General
    shall personally review under subsection (a) of this section an
    application under that subsection for a target described in section
    1801(b)(2) of this title.
      (B) Except when disabled or otherwise unavailable to make a
    request referred to in subparagraph (A), an official referred to in
    that subparagraph may not delegate the authority to make a request
    referred to in that subparagraph.
      (C) Each official referred to in subparagraph (A) with authority
    to make a request under that subparagraph shall take appropriate
    actions in advance to ensure that delegation of such authority is
    clearly established in the event such official is disabled or
    otherwise unavailable to make such request.
      (2)(A) If as a result of a request under paragraph (1) the
    Attorney General determines not to approve an application under the
    second sentence of subsection (a) of this section for purposes of
    making the application under this section, the Attorney General
    shall provide written notice of the determination to the official
    making the request for the review of the application under that
    paragraph. Except when disabled or otherwise unavailable to make a
    determination under the preceding sentence, the Attorney General
    may not delegate the responsibility to make a determination under
    that sentence. The Attorney General shall take appropriate actions
    in advance to ensure that delegation of such responsibility is
    clearly established in the event the Attorney General is disabled
    or otherwise unavailable to make such determination.
      (B) Notice with respect to an application under subparagraph (A)
    shall set forth the modifications, if any, of the application that
    are necessary in order for the Attorney General to approve the
    application under the second sentence of subsection (a) of this
    section for purposes of making the application under this section.
      (C) Upon review of any modifications of an application set forth
    under subparagraph (B), the official notified of the modifications
    under this paragraph shall modify the application if such official
    determines that such modification is warranted. Such official shall
    supervise the making of any modification under this subparagraph.
    Except when disabled or otherwise unavailable to supervise the
    making of any modification under the preceding sentence, such
    official may not delegate the responsibility to supervise the
    making of any modification under that preceding sentence. Each such
    official shall take appropriate actions in advance to ensure that
    delegation of such responsibility is clearly established in the
    event such official is disabled or otherwise unavailable to
    supervise the making of such modification.

-SOURCE-
    (Pub. L. 95-511, title III, Sec. 303, as added Pub. L. 103-359,
    title VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3446; amended
    Pub. L. 106-567, title VI, Sec. 603(a), Dec. 27, 2000, 114 Stat.
    2852; Pub. L. 107-56, title II, Sec. 218, Oct. 26, 2001, 115 Stat.
    291; Pub. L. 108-458, title I, Sec. 1071(e), Dec. 17, 2004, 118
    Stat. 3691.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by Pub. L. 107-56, see Termination
    Date of 2001 Amendment note below.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d)(1)(A). Pub. L. 108-458 substituted "Director
    of National Intelligence" for "Director of Central Intelligence".
      2001 - Subsec. (a)(7)(B). Pub. L. 107-56, Secs. 218, 224,
    temporarily substituted "a significant purpose" for "the purpose".
    See Termination Date of 2001 Amendment note below.
      2000 - Subsec. (d). Pub. L. 106-567 added subsec. (d).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                    TERMINATION DATE OF 2001 AMENDMENT                
      Amendment by Pub. L. 107-56 to cease to have effect Feb. 3, 2006,
    except amendment to continue in effect with respect to any
    particular foreign intelligence investigation that began before
    Feb. 3, 2006, or with respect to any particular offense or
    potential offense that began or occurred before Feb. 3, 2006, see
    section 224 of Pub. L. 107-56, set out as a note under section 2510
    of Title 18, Crimes and Criminal Procedure.

                OFFICIALS DESIGNATED TO MAKE CERTIFICATIONS            
      For provisions listing officials designated by President to make
    certifications required by subsec. (a)(7) of this section, see Ex.
    Ord. No. 12949, Sec. 3, Feb. 9, 1995, 60 F.R. 8169, set out as a
    note under section 1822 of this title.

-End-



-CITE-
    50 USC Sec. 1824                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER II - PHYSICAL SEARCHES

-HEAD-
    Sec. 1824. Issuance of order

-STATUTE-
    (a) Necessary findings
      Upon an application made pursuant to section 1823 of this title,
    the judge shall enter an ex parte order as requested or as modified
    approving the physical search if the judge finds that - 
        (1) the President has authorized the Attorney General to
      approve applications for physical searches for foreign
      intelligence purposes;
        (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 physical search is a foreign power or
        an agent of a foreign power, except that no United States
        person may be considered 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) the premises or property to be searched is owned, used,
        possessed by, or is in transit to or from an agent of a foreign
        power or a foreign power;

        (4) the proposed minimization procedures meet the definition of
      minimization contained in this subchapter; and
        (5) the application which has been filed contains all
      statements and certifications required by section 1823 of this
      title, 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 1823(a)(7)(E) of this
      title and any other information furnished under section 1823(c)
      of this title.
    (b) Determination of probable cause
      In determining whether or not probable cause exists for purposes
    of an order under subsection (a)(3) of this section, a judge may
    consider past activities of the target, as well as facts and
    circumstances relating to current or future activities of the
    target.
    (c) Specifications and directions of orders
      An order approving a physical search under this section shall - 
        (1) specify - 
          (A) the identity, if known, or a description of the target of
        the physical search;
          (B) the nature and location of each of the premises or
        property to be searched;
          (C) the type of information, material, or property to be
        seized, altered, or reproduced;
          (D) a statement of the manner in which the physical search is
        to be conducted and, whenever more than one physical search is
        authorized under the order, the authorized scope of each search
        and what minimization procedures shall apply to the information
        acquired by each search; and
          (E) the period of time during which physical searches are
        approved; and

        (2) direct - 
          (A) that the minimization procedures be followed;
          (B) that, upon the request of the applicant, a specified
        landlord, custodian, or other specified person furnish the
        applicant forthwith all information, facilities, or assistance
        necessary to accomplish the physical search in such a manner as
        will protect its secrecy and produce a minimum of interference
        with the services that such landlord, custodian, or other
        person is providing the target of the physical search;
          (C) that such landlord, custodian, or other person maintain
        under security procedures approved by the Attorney General and
        the Director of National Intelligence any records concerning
        the search or the aid furnished that such person wishes to
        retain;
          (D) that the applicant compensate, at the prevailing rate,
        such landlord, custodian, or other person for furnishing such
        aid; and
          (E) that the Federal officer conducting the physical search
        promptly report to the court the circumstances and results of
        the physical search.
    (d) Duration of order; extensions; assessment of compliance
      (1) An order issued under this section may approve a physical
    search for the period necessary to achieve its purpose, or for 90
    days, whichever is less, except that (A) an order under this
    section shall approve a physical search targeted against a foreign
    power, as defined in paragraph (1), (2), or (3) of section 1801(a)
    of this title, for the period specified in the application or for
    one year, whichever is less, and (B) an order under this section
    for a physical search targeted against an agent of a foreign power
    as defined in section 1801(b)(1)(A) of this title may be for the
    period specified in the application or for 120 days, whichever is
    less.
      (2) Extensions of an order issued under this subchapter may be
    granted on the same basis as the original order upon an application
    for an extension and new findings made in the same manner as
    required for the original order, except that an extension of an
    order under this chapter for a physical search targeted against a
    foreign power, as defined in section 1801(a)(5) or (6) of this
    title, or against a foreign power, as defined in section 1801(a)(4)
    of this title, that is not a United States person, or against an
    agent of a foreign power as defined in section 1801(b)(1)(A) of
    this title, may be for a period not to exceed one year if the judge
    finds probable cause to believe that no property 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 a
    physical search is approved by an order or an extension, or at any
    time after a physical search is carried out, 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) Emergency orders
      (1)(A) Notwithstanding any other provision of this subchapter,
    whenever the Attorney General reasonably makes the determination
    specified in subparagraph (B), the Attorney General may authorize
    the execution of an emergency physical search if - 
        (i) a judge having jurisdiction under section 1803 of this
      title is informed by the Attorney General or the Attorney
      General's designee at the time of such authorization that the
      decision has been made to execute an emergency search, and
        (ii) an application in accordance with this subchapter is made
      to that judge as soon as practicable but not more than 72 hours
      after the Attorney General authorizes such search.

      (B) The determination referred to in subparagraph (A) is a
    determination that - 
        (i) an emergency situation exists with respect to the execution
      of a physical search to obtain foreign intelligence information
      before an order authorizing such search can with due diligence be
      obtained, and
        (ii) the factual basis for issuance of an order under this
      subchapter to approve such a search exists.

      (2) If the Attorney General authorizes an emergency search under
    paragraph (1), the Attorney General shall require that the
    minimization procedures required by this subchapter for the
    issuance of a judicial order be followed.
      (3) In the absence of a judicial order approving such a physical
    search, the search shall terminate the earlier of - 
        (A) the date on which the information sought is obtained;
        (B) the date on which the application for the order is denied;
      or
        (C) the expiration of 72 hours from the time of authorization
      by the Attorney General.

      (4) In the event that such application for approval is denied, or
    in any other case where the physical search is terminated and no
    order is issued approving the search, no information obtained or
    evidence derived from such search 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
    search 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 1822 of this title.
    (f) Retention of applications and orders
      Applications made and orders granted under this subchapter shall
    be retained for a period of at least 10 years from the date of the
    application.

-SOURCE-
    (Pub. L. 95-511, title III, Sec. 304, as added Pub. L. 103-359,
    title VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3447; amended
    Pub. L. 106-567, title VI, Sec. 603(b), Dec. 27, 2000, 114 Stat.
    2853; Pub. L. 107-56, title II, Sec. 207(a)(2), (b)(2), Oct. 26,
    2001, 115 Stat. 282; Pub. L. 107-108, title III, Sec. 314(a)(4),
    Dec. 28, 2001, 115 Stat. 1402; Pub. L. 108-458, title I, Sec.
    1071(e), Dec. 17, 2004, 118 Stat. 3691.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by Pub. L. 107-56, see Termination
    Date of 2001 Amendment note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (d)(2), was in the original
    "this Act", meaning Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783,
    as amended, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1801 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c)(2)(C). Pub. L. 108-458 substituted "Director
    of National Intelligence" for "Director of Central Intelligence".
      2001 - Subsec. (d)(1). Pub. L. 107-56, Secs. 207(a)(2), 224,
    temporarily substituted "90 days," for "forty-five days," and
    temporarily inserted "(A)" after "except that" and ", and (B) an
    order under this section for a physical search targeted against an
    agent of a foreign power as defined in section 1801(b)(1)(A) of
    this title may be for the period specified in the application or
    for 120 days, whichever is less" before period at end. See
    Termination Date of 2001 Amendment note below.
      Subsec. (d)(2). Pub. L. 107-56, Secs. 207(b)(2), 224, temporarily
    inserted "or against an agent of a foreign power as defined in
    section 1801(b)(1)(A) of this title," after "not a United States
    person,". See Termination Date of 2001 Amendment note below.
      Subsec. (e)(1)(A)(ii), (3)(C). Pub. L. 107-108 substituted "72
    hours" for "24 hours".
      2000 - Subsecs. (b) to (f). Pub. L. 106-567 added subsec. (b) and
    redesignated former subsecs. (b) to (e) as (c) to (f),
    respectively.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                    TERMINATION DATE OF 2001 AMENDMENT                
      Amendment by Pub. L. 107-56 to cease to have effect Feb. 3, 2006,
    except amendment to continue in effect with respect to any
    particular foreign intelligence investigation that began before
    Feb. 3, 2006, or with respect to any particular offense or
    potential offense that began or occurred before Feb. 3, 2006, see
    section 224 of Pub. L. 107-56, set out as a note under section 2510
    of Title 18, Crimes and Criminal Procedure.

-End-



-CITE-
    50 USC Sec. 1825                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER II - PHYSICAL SEARCHES

-HEAD-
    Sec. 1825. Use of information

-STATUTE-
    (a) Compliance with minimization procedures; lawful purposes
      Information acquired from a physical search conducted pursuant to
    this subchapter 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 subchapter. No information acquired
    from a physical search pursuant to this subchapter may be used or
    disclosed by Federal officers or employees except for lawful
    purposes.
    (b) Notice of search and identification of property seized,
      altered, or reproduced
      Where a physical search authorized and conducted pursuant to
    section 1824 of this title involves the residence of a United
    States person, and, at any time after the search the Attorney
    General determines there is no national security interest in
    continuing to maintain the secrecy of the search, the Attorney
    General shall provide notice to the United States person whose
    residence was searched of the fact of the search conducted pursuant
    to this chapter and shall identify any property of such person
    seized, altered, or reproduced during such search.
    (c) Statement for disclosure
      No information acquired pursuant to this subchapter 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.
    (d) Notification by United States
      Whenever the United States 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 a
    physical search pursuant to the authority of this subchapter, the
    United States shall, prior to the trial, hearing, or the 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 United
    States intends to so disclose or so use such information.
    (e) Notification by States or political subdivisions
      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 a physical search pursuant to
    the authority of this subchapter, 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.
    (f) Motion to suppress
      (1) Any person against whom evidence obtained or derived from a
    physical search 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 search on the
    grounds that - 
        (A) the information was unlawfully acquired; or
        (B) the physical search was not made in conformity with an
      order of authorization or approval.

      (2) 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.
    (g) In camera and ex parte review by district court
      Whenever a court or other authority is notified pursuant to
    subsection (d) or (e) of this section, or whenever a motion is made
    pursuant to subsection (f) of this section, 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 a
    physical search authorized by this subchapter or to discover,
    obtain, or suppress evidence or information obtained or derived
    from a physical search authorized by this subchapter, 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 provision of law, if
    the Attorney General files an affidavit under oath that disclosure
    or any 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 physical search as
    may be necessary to determine whether the physical search 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 physical search, or may require the Attorney General to provide
    to the aggrieved person a summary of such materials, only where
    such disclosure is necessary to make an accurate determination of
    the legality of the physical search.
    (h) Suppression of evidence; denial of motion
      If the United States district court pursuant to subsection (g) of
    this section determines that the physical search 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 the physical search of the aggrieved
    person or otherwise grant the motion of the aggrieved person. If
    the court determines that the physical search was lawfully
    authorized or conducted, it shall deny the motion of the aggrieved
    person except to the extent that due process requires discovery or
    disclosure.
    (i) Finality of orders
      Orders granting motions or requests under subsection (h) of this
    section, decisions under this section that a physical search 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 the physical
    search shall be final orders and binding upon all courts of the
    United States and the several States except a United States Court
    of Appeals or the Supreme Court.
    (j) Notification of emergency execution of physical search;
      contents; postponement, suspension, or elimination
      (1) If an emergency execution of a physical search is authorized
    under section 1824(d) (!1) of this title and a subsequent order
    approving the search 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 the search as the judge
    may determine in his discretion it is in the interests of justice
    to serve, notice of - 

        (A) the fact of the application;
        (B) the period of the search; and
        (C) the fact that during the period information was or was not
      obtained.

      (2) 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 90 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.
    (k) Coordination with law enforcement on national security matters
      (1) Federal officers who conduct physical searches to acquire
    foreign intelligence information under this subchapter may consult
    with Federal law enforcement officers or law enforcement personnel
    of a State or political subdivision of a State (including the chief
    executive officer of that State or political subdivision who has
    the authority to appoint or direct the chief law enforcement
    officer of that State or political subdivision) to coordinate
    efforts to investigate or 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.

      (2) Coordination authorized under paragraph (1) shall not
    preclude the certification required by section 1823(a)(7) of this
    title or the entry of an order under section 1824 of this title.

-SOURCE-
    (Pub. L. 95-511, title III, Sec. 305, as added Pub. L. 103-359,
    title VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3449; amended
    Pub. L. 107-56, title V, Sec. 504(b), Oct. 26, 2001, 115 Stat. 364;
    Pub. L. 107-296, title VIII, Sec. 899, Nov. 25, 2002, 116 Stat.
    2258.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1824(d) of this title, referred to in subsec. (j)(1), was
    redesignated section 1824(e) of this title by Pub. L. 106-567,
    title VI, Sec. 603(b)(1), Dec. 27, 2000, 114 Stat. 2853.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (k)(1). Pub. L. 107-296, in introductory
    provision, inserted "or law enforcement personnel of a State or
    political subdivision of a State (including the chief executive
    officer of that State or political subdivision who has the
    authority to appoint or direct the chief law enforcement officer of
    that State or political subdivision)" after "law enforcement
    officers".
      2001 - Subsec. (k). Pub. L. 107-56 added subsec. (k).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    50 USC Sec. 1826                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER II - PHYSICAL SEARCHES

-HEAD-
    Sec. 1826. Congressional oversight

-STATUTE-
      On a semiannual basis the Attorney General shall fully inform the
    Permanent Select Committee on Intelligence of the House of
    Representatives and the Select Committee on Intelligence of the
    Senate concerning all physical searches conducted pursuant to this
    subchapter. On a semiannual basis the Attorney General shall also
    provide to those committees and the Committees on the Judiciary of
    the House of Representatives and the Senate a report setting forth
    with respect to the preceding six-month period - 
        (1) the total number of applications made for orders approving
      physical searches under this subchapter;
        (2) the total number of such orders either granted, modified,
      or denied; and
        (3) the number of physical searches which involved searches of
      the residences, offices, or personal property of United States
      persons, and the number of occasions, if any, where the Attorney
      General provided notice pursuant to section 1825(b) of this
      title.

-SOURCE-
    (Pub. L. 95-511, title III, Sec. 306, as added Pub. L. 103-359,
    title VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3451.)

-End-



-CITE-
    50 USC Sec. 1827                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER II - PHYSICAL SEARCHES

-HEAD-
    Sec. 1827. Penalties

-STATUTE-
    (a) Prohibited activities
      A person is guilty of an offense if he intentionally - 
        (1) under color of law for the purpose of obtaining foreign
      intelligence information, executes a physical search within the
      United States except as authorized by statute; or
        (2) discloses or uses information obtained under color of law
      by physical search within the United States, knowing or having
      reason to know that the information was obtained through physical
      search not authorized by statute, for the purpose of obtaining
      intelligence information.
    (b) Defense
      It is a defense to a prosecution under subsection (a) of this
    section that the defendant was a law enforcement or investigative
    officer engaged in the course of his official duties and the
    physical search was authorized by and conducted pursuant to a
    search warrant or court order of a court of competent jurisdiction.
    (c) Fine or imprisonment
      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) Federal 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.

-SOURCE-
    (Pub. L. 95-511, title III, Sec. 307, as added Pub. L. 103-359,
    title VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)

-End-



-CITE-
    50 USC Sec. 1828                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER II - PHYSICAL SEARCHES

-HEAD-
    Sec. 1828. Civil liability

-STATUTE-
      An aggrieved person, other than a foreign power or an agent of a
    foreign power, as defined in section 1801(a) or (b)(1)(A),
    respectively, of this title, whose premises, property, information,
    or material has been subjected to a physical search within the
    United States or about whom information obtained by such a physical
    search has been disclosed or used in violation of section 1827 of
    this title shall have a cause of action against any person who
    committed such violation and shall be entitled to recover - 
        (1) actual damages, but not less than liquidated damages of
      $1,000 or $100 per day for each day of violation, whichever is
      greater;
        (2) punitive damages; and
        (3) reasonable attorney's fees and other investigative and
      litigation costs reasonably incurred.

-SOURCE-
    (Pub. L. 95-511, title III, Sec. 308, as added Pub. L. 103-359,
    title VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)

-End-



-CITE-
    50 USC Sec. 1829                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER II - PHYSICAL SEARCHES

-HEAD-
    Sec. 1829. Authorization during time of war

-STATUTE-
      Notwithstanding any other provision of law, the President,
    through the Attorney General, may authorize physical searches
    without a court order under this subchapter to acquire foreign
    intelligence information for a period not to exceed 15 calendar
    days following a declaration of war by the Congress.

-SOURCE-
    (Pub. L. 95-511, title III, Sec. 309, as added Pub. L. 103-359,
    title VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)

-End-


-CITE-
    50 USC SUBCHAPTER III - PEN REGISTERS AND TRAP AND TRACE
           DEVICES FOR FOREIGN INTELLIGENCE PURPOSES       01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER III - PEN REGISTERS AND TRAP AND TRACE DEVICES FOR
           FOREIGN INTELLIGENCE PURPOSES                 

-HEAD-
       SUBCHAPTER III - PEN REGISTERS AND TRAP AND TRACE DEVICES FOR
                       FOREIGN INTELLIGENCE PURPOSES

-End-



-CITE-
    50 USC Sec. 1841                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER III - PEN REGISTERS AND TRAP AND TRACE DEVICES FOR
           FOREIGN INTELLIGENCE PURPOSES                 

-HEAD-
    Sec. 1841. Definitions

-STATUTE-
      As used in this subchapter:
        (1) The terms "foreign power", "agent of a foreign power",
      "international terrorism", "foreign intelligence information",
      "Attorney General", "United States person", "United States",
      "person", and "State" shall have the same meanings as in section
      1801 of this title.
        (2) The terms "pen register" and "trap and trace device" have
      the meanings given such terms in section 3127 of title 18.
        (3) The term "aggrieved person" means any person - 
          (A) whose telephone line was subject to the installation or
        use of a pen register or trap and trace device authorized by
        this subchapter; or
          (B) whose communication instrument or device was subject to
        the use of a pen register or trap and trace device authorized
        by this subchapter to capture incoming electronic or other
        communications impulses.

-SOURCE-
    (Pub. L. 95-511, title IV, Sec. 401, as added Pub. L. 105-272,
    title VI, Sec. 601(2), Oct. 20, 1998, 112 Stat. 2404.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 401 of Pub. L. 95-511 was renumbered section 601
    and is set out as a note under section 1801 of this title.

-End-



-CITE-
    50 USC Sec. 1842                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER III - PEN REGISTERS AND TRAP AND TRACE DEVICES FOR
           FOREIGN INTELLIGENCE PURPOSES                 

-HEAD-
    Sec. 1842. Pen registers and trap and trace devices for foreign
      intelligence and international terrorism investigations

-STATUTE-
    (a) Application for authorization or approval
      (1) Notwithstanding any other provision of law, the Attorney
    General or a designated attorney for the Government may make an
    application for an order or an extension of an order authorizing or
    approving the installation and use of a pen register or trap and
    trace device for any investigation to obtain foreign intelligence
    information not concerning a United States person or to protect
    against international terrorism or clandestine intelligence
    activities, provided that such investigation of a United States
    person is not conducted solely upon the basis of activities
    protected by the first amendment to the Constitution which is being
    conducted by the Federal Bureau of Investigation under such
    guidelines as the Attorney General approves pursuant to Executive
    Order No. 12333, or a successor order.
      (2) The authority under paragraph (1) is in addition to the
    authority under subchapter I of this chapter to conduct the
    electronic surveillance referred to in that paragraph.
    (b) Form of application; recipient
      Each application under this section shall be in writing under
    oath or affirmation to - 
        (1) a judge of the court established by section 1803(a) of this
      title; or
        (2) a United States Magistrate Judge under chapter 43 of title
      28 who is publicly designated by the Chief Justice of the United
      States to have the power to hear applications for and grant
      orders approving the installation and use of a pen register or
      trap and trace device on behalf of a judge of that court.
    (c) Executive approval; contents of application
      Each application under this section shall require the approval of
    the Attorney General, or a designated attorney for the Government,
    and shall include - 
        (1) the identity of the Federal officer seeking to use the pen
      register or trap and trace device covered by the application; and
        (2) a certification by the applicant that the information
      likely to be obtained is foreign intelligence information not
      concerning a United States person or is relevant to an ongoing
      investigation to protect against international terrorism or
      clandestine intelligence activities, provided that such
      investigation of a United States person is not conducted solely
      upon the basis of activities protected by the first amendment to
      the Constitution.
    (d) Ex parte judicial order of approval
      (1) Upon an application made pursuant to this section, the judge
    shall enter an ex parte order as requested, or as modified,
    approving the installation and use of a pen register or trap and
    trace device if the judge finds that the application satisfies the
    requirements of this section.
      (2) An order issued under this section - 
        (A) shall specify - 
          (i) the identity, if known, of the person who is the subject
        of the investigation;
          (ii) the identity, if known, of the person to whom is leased
        or in whose name is listed the telephone line or other facility
        to which the pen register or trap and trace device is to be
        attached or applied;
          (iii) the attributes of the communications to which the order
        applies, such as the number or other identifier, and, if known,
        the location of the telephone line or other facility to which
        the pen register or trap and trace device is to be attached or
        applied and, in the case of a trap and trace device, the
        geographic limits of the trap and trace order.(!1)


        (B) shall direct that - 
          (i) upon request of the applicant, the provider of a wire or
        electronic communication service, landlord, custodian, or other
        person shall furnish any information, facilities, or technical
        assistance necessary to accomplish the installation and
        operation of the pen register or trap and trace device in such
        a manner as will protect its secrecy and produce a minimum
        amount of interference with the services that such provider,
        landlord, custodian, or other person is providing the person
        concerned;
          (ii) such provider, landlord, custodian, or other person - 
            (I) shall not disclose the existence of the investigation
          or of the pen register or trap and trace device to any person
          unless or until ordered by the court; and
            (II) shall maintain, under security procedures approved by
          the Attorney General and the Director of National
          Intelligence pursuant to section 1805(b)(2)(C) (!2) of this
          title, any records concerning the pen register or trap and
          trace device or the aid furnished; and


          (iii) the applicant shall compensate such provider, landlord,
        custodian, or other person for reasonable expenses incurred by
        such provider, landlord, custodian, or other person in
        providing such information, facilities, or technical
        assistance.
    (e) Time limitation
      An order issued under this section shall authorize the
    installation and use of a pen register or trap and trace device for
    a period not to exceed 90 days. Extensions of such an order may be
    granted, but only upon an application for an order under this
    section and upon the judicial finding required by subsection (d) of
    this section. The period of extension shall be for a period not to
    exceed 90 days.
    (f) Cause of action barred
      No cause of action shall lie in any court against any provider of
    a wire or electronic communication service, landlord, custodian, or
    other person (including any officer, employee, agent, or other
    specified person thereof) that furnishes any information,
    facilities, or technical assistance under subsection (d) of this
    section in accordance with the terms of an order issued under this
    section.
    (g) Furnishing of results
      Unless otherwise ordered by the judge, the results of a pen
    register or trap and trace device shall be furnished at reasonable
    intervals during regular business hours for the duration of the
    order to the authorized Government official or officials.

-SOURCE-
    (Pub. L. 95-511, title IV, Sec. 402, as added Pub. L. 105-272,
    title VI, Sec. 601(2), Oct. 20, 1998, 112 Stat. 2405; amended Pub.
    L. 107-56, title II, Sec. 214(a), Oct. 26, 2001, 115 Stat. 286;
    Pub. L. 107-108, title III, Sec. 314(a)(5), Dec. 28, 2001, 115
    Stat. 1402; Pub. L. 108-458, title I, Sec. 1071(e), Dec. 17, 2004,
    118 Stat. 3691.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by Pub. L. 107-56, see Termination
    Date of 2001 Amendment note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order No. 12333, referred to in subsec. (a)(1), is set
    out as a note under section 401 of this title.
      Section 1805(b)(2)(C) of this title, referred to in subsec.
    (d)(2)(B)(ii)(II), was redesignated section 1805(c)(2)(C) of this
    title by Pub. L. 106-567, title VI, Sec. 602(b)(1), Dec. 27, 2000,
    114 Stat. 2851.
      The criminal laws of the United States, referred to in subsec.
    (c)(3), are classified generally to Title 18, Crimes and Criminal
    Procedure.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d)(2)(B)(ii)(II). Pub. L. 108-458 substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence".
      2001 - Subsec. (a)(1). Pub. L. 107-56, Secs. 214(a)(1), 224,
    temporarily substituted "for any investigation to obtain foreign
    intelligence information not concerning a United States person or
    to protect against international terrorism or clandestine
    intelligence activities, provided that such investigation of a
    United States person is not conducted solely upon the basis of
    activities protected by the first amendment to the Constitution"
    for "for any investigation to gather foreign intelligence
    information or information concerning international terrorism". See
    Termination Date of 2001 Amendment note below.
      Subsec. (c)(1). Pub. L. 107-108, Sec. 314(a)(5)(A), inserted
    "and" after semicolon at end.
      Subsec. (c)(2). Pub. L. 107-56, Secs. 214(a)(2), 224, temporarily
    amended par. (2) generally. Prior to amendment, par. (2) read as
    follows: "a certification by the applicant that the information
    likely to be obtained is relevant to an ongoing foreign
    intelligence or international terrorism investigation being
    conducted by the Federal Bureau of Investigation under guidelines
    approved by the Attorney General; and". See Termination Date of
    2001 Amendment note below.
      Subsec. (c)(3). Pub. L. 107-56, Secs. 214(a)(3), 224, temporarily
    struck out par. (3) which read as follows:
      "(3) information which demonstrates that there is reason to
    believe that the telephone line to which the pen register or trap
    and trace device is to be attached, or the communication instrument
    or device to be covered by the pen register or trap and trace
    device, has been or is about to be used in communication with - 
        "(A) an individual who is engaging or has engaged in
      international terrorism or clandestine intelligence activities
      that involve or may involve a violation of the criminal laws of
      the United States; or
        "(B) a foreign power or agent of a foreign power under
      circumstances giving reason to believe that the communication
      concerns or concerned international terrorism or clandestine
      intelligence activities that involve or may involve a violation
      of the criminal laws of the United States."
    See Termination Date of 2001 Amendment note below.
      Subsec. (d)(2)(A). Pub. L. 107-56, Secs. 214(a)(4), 224,
    temporarily amended subpar. (A) generally. Prior to amendment,
    subpar. (A) read as follows:
      "(A) shall specify - 
        "(i) the identity, if known, of the person who is the subject
      of the foreign intelligence or international terrorism
      investigation;
        "(ii) in the case of an application for the installation and
      use of a pen register or trap and trace device with respect to a
      telephone line - 
          "(I) the identity, if known, of the person to whom is leased
        or in whose name the telephone line is listed; and
          "(II) the number and, if known, physical location of the
        telephone line; and
        "(iii) in the case of an application for the use of a pen
      register or trap and trace device with respect to a communication
      instrument or device not covered by clause (ii) - 
          "(I) the identity, if known, of the person who owns or leases
        the instrument or device or in whose name the instrument or
        device is listed; and
          "(II) the number of the instrument or device; and".
    See Termination Date of 2001 Amendment note below.
      Subsec. (f). Pub. L. 107-108, Sec. 314(a)(5)(B), substituted
    "terms of an order issued" for "terms of a court".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      For Determination by President that amendment by Pub. L. 108-458
    take effect on Apr. 21, 2005, see Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note
    under section 401 of this title.
      Amendment by Pub. L. 108-458 effective not later than six months
    after Dec. 17, 2004, except as otherwise expressly provided, see
    section 1097(a) of Pub. L. 108-458, set out in an Effective Date of
    2004 Amendment; Transition Provisions note under section 401 of
    this title.

                    TERMINATION DATE OF 2001 AMENDMENT                
      Amendment by Pub. L. 107-56 to cease to have effect Feb. 3, 2006,
    except amendment to continue in effect with respect to any
    particular foreign intelligence investigation that began before
    Feb. 3, 2006, or with respect to any particular offense or
    potential offense that began or occurred before Feb. 3, 2006, see
    section 224 of Pub. L. 107-56, set out as a note under section 2510
    of Title 18, Crimes and Criminal Procedure.

-FOOTNOTE-               

    (!1) So in original. The period probably should be "; and".

    (!2) See References in Text note below.


-End-



-CITE-
    50 USC Sec. 1843                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER III - PEN REGISTERS AND TRAP AND TRACE DEVICES FOR
           FOREIGN INTELLIGENCE PURPOSES                 

-HEAD-
    Sec. 1843. Authorization during emergencies

-STATUTE-
    (a) Requirements for authorization
      Notwithstanding any other provision of this subchapter, when the
    Attorney General makes a determination described in subsection (b)
    of this section, the Attorney General may authorize the
    installation and use of a pen register or trap and trace device on
    an emergency basis to gather foreign intelligence information not
    concerning a United States person or information to protect against
    international terrorism or clandestine intelligence activities,
    provided that such investigation of a United States person is not
    conducted solely upon the basis of activities protected by the
    first amendment to the Constitution if - 
        (1) a judge referred to in section 1842(b) of this title is
      informed by the Attorney General or his designee at the time of
      such authorization that the decision has been made to install and
      use the pen register or trap and trace device, as the case may
      be, on an emergency basis; and
        (2) an application in accordance with section 1842 of this
      title is made to such judge as soon as practicable, but not more
      than 48 hours, after the Attorney General authorizes the
      installation and use of the pen register or trap and trace
      device, as the case may be, under this section.
    (b) Determination of emergency and factual basis
      A determination under this subsection is a reasonable
    determination by the Attorney General that - 
        (1) an emergency requires the installation and use of a pen
      register or trap and trace device to obtain foreign intelligence
      information not concerning a United States person or information
      to protect against international terrorism or clandestine
      intelligence activities, provided that such investigation of a
      United States person is not conducted solely upon the basis of
      activities protected by the first amendment to the Constitution
      before an order authorizing the installation and use of the pen
      register or trap and trace device, as the case may be, can with
      due diligence be obtained under section 1842 of this title; and
        (2) the factual basis for issuance of an order under such
      section 1842 of this title to approve the installation and use of
      the pen register or trap and trace device, as the case may be,
      exists.
    (c) Effect of absence of order
      (1) In the absence of an order applied for under subsection
    (a)(2) of this section approving the installation and use of a pen
    register or trap and trace device authorized under this section,
    the installation and use of the pen register or trap and trace
    device, as the case may be, shall terminate at the earlier of - 
        (A) when the information sought is obtained;
        (B) when the application for the order is denied under section
      1842 of this title; or
        (C) 48 hours after the time of the authorization by the
      Attorney General.

      (2) In the event that an application for an order applied for
    under subsection (a)(2) of this section is denied, or in any other
    case where the installation and use of a pen register or trap and
    trace device under this section is terminated and no order under
    section 1842 of this title is issued approving the installation and
    use of the pen register or trap and trace device, as the case may
    be, no information obtained or evidence derived from the use of the
    pen register or trap and trace device, as the case may be, 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 the use of the pen register or trap and trace device,
    as the case may be, 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.

-SOURCE-
    (Pub. L. 95-511, title IV, Sec. 403, as added Pub. L. 105-272,
    title VI, Sec. 601(2), Oct. 20, 1998, 112 Stat. 2407; amended Pub.
    L. 107-56, title II, Sec. 214(b), Oct. 26, 2001, 115 Stat. 287.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by Pub. L. 107-56, see Termination
    Date of 2001 Amendment note below.


-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (a). Pub. L. 107-56, Secs. 214(b)(1), 224,
    temporarily substituted "foreign intelligence information not
    concerning a United States person or information to protect against
    international terrorism or clandestine intelligence activities,
    provided that such investigation of a United States person is not
    conducted solely upon the basis of activities protected by the
    first amendment to the Constitution" for "foreign intelligence
    information or information concerning international terrorism" in
    introductory provisions. See Termination Date of 2001 Amendment
    note below.
      Subsec. (b)(1). Pub. L. 107-56, Secs. 214(b)(2), 224, temporarily
    substituted "foreign intelligence information not concerning a
    United States person or information to protect against
    international terrorism or clandestine intelligence activities,
    provided that such investigation of a United States person is not
    conducted solely upon the basis of activities protected by the
    first amendment to the Constitution" for "foreign intelligence
    information or information concerning international terrorism". See
    Termination Date of 2001 Amendment note below.

                    TERMINATION DATE OF 2001 AMENDMENT                
      Amendment by Pub. L. 107-56 to cease to have effect Feb. 3, 2006,
    except amendment to continue in effect with respect to any
    particular foreign intelligence investigation that began before
    Feb. 3, 2006, or with respect to any particular offense or
    potential offense that began or occurred before Feb. 3, 2006, see
    section 224 of Pub. L. 107-56, set out as a note under section 2510
    of Title 18, Crimes and Criminal Procedure.

-End-



-CITE-
    50 USC Sec. 1844                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER III - PEN REGISTERS AND TRAP AND TRACE DEVICES FOR
           FOREIGN INTELLIGENCE PURPOSES                 

-HEAD-
    Sec. 1844. Authorization during time of war

-STATUTE-
      Notwithstanding any other provision of law, the President,
    through the Attorney General, may authorize the use of a pen
    register or trap and trace device without a court order under this
    subchapter to acquire foreign intelligence information for a period
    not to exceed 15 calendar days following a declaration of war by
    Congress.

-SOURCE-
    (Pub. L. 95-511, title IV, Sec. 404, as added Pub. L. 105-272,
    title VI, Sec. 601(2), Oct. 20, 1998, 112 Stat. 2408.)

-End-



-CITE-
    50 USC Sec. 1845                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER III - PEN REGISTERS AND TRAP AND TRACE DEVICES FOR
           FOREIGN INTELLIGENCE PURPOSES                 

-HEAD-
    Sec. 1845. Use of information

-STATUTE-
    (a) In general
      (1) Information acquired from the use of a pen register or trap
    and trace device installed pursuant to this subchapter 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 provisions of this section.
      (2) No information acquired from a pen register or trap and trace
    device installed and used pursuant to this subchapter may be used
    or disclosed by Federal officers or employees except for lawful
    purposes.
    (b) Disclosure for law enforcement purposes
      No information acquired pursuant to this subchapter 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) Notification of intended disclosure by United States
      Whenever the United States 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 the use
    of a pen register or trap and trace device pursuant to this
    subchapter, the United States shall, before the trial, hearing, or
    the other proceeding or at a reasonable time before 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 United
    States intends to so disclose or so use such information.
    (d) Notification of intended disclosure by State or political
      subdivision
      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 the State
    or political subdivision thereof against an aggrieved person any
    information obtained or derived from the use of a pen register or
    trap and trace device pursuant to this subchapter, 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) Motion to suppress
      (1) Any aggrieved person against whom evidence obtained or
    derived from the use of a pen register or trap and trace device 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, or a State or political subdivision thereof, may
    move to suppress the evidence obtained or derived from the use of
    the pen register or trap and trace device, as the case may be, on
    the grounds that - 
        (A) the information was unlawfully acquired; or
        (B) the use of the pen register or trap and trace device, as
      the case may be, was not made in conformity with an order of
      authorization or approval under this subchapter.

      (2) A motion under paragraph (1) shall be made before the trial,
    hearing, or other proceeding unless there was no opportunity to
    make such a motion or the aggrieved person concerned was not aware
    of the grounds of the motion.
    (f) In camera and ex parte review
      (1) Whenever a court or other authority is notified pursuant to
    subsection (c) or (d) of this section, whenever a motion is made
    pursuant to subsection (e) of this section, 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 the
    use of a pen register or trap and trace device authorized by this
    subchapter or to discover, obtain, or suppress evidence or
    information obtained or derived from the use of a pen register or
    trap and trace device authorized by this subchapter, 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 provision of law and
    if the Attorney General files an affidavit under oath that
    disclosure or any 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 use of
    the pen register or trap and trace device, as the case may be, as
    may be necessary to determine whether the use of the pen register
    or trap and trace device, as the case may be, was lawfully
    authorized and conducted.
      (2) In making a determination under paragraph (1), 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 use of the pen register
    or trap and trace device, as the case may be, or may require the
    Attorney General to provide to the aggrieved person a summary of
    such materials, only where such disclosure is necessary to make an
    accurate determination of the legality of the use of the pen
    register or trap and trace device, as the case may be.
    (g) Effect of determination of lawfulness
      (1) If the United States district court determines pursuant to
    subsection (f) of this section that the use of a pen register or
    trap and trace device was not lawfully authorized or conducted, the
    court may, in accordance with the requirements of law, suppress the
    evidence which was unlawfully obtained or derived from the use of
    the pen register or trap and trace device, as the case may be, or
    otherwise grant the motion of the aggrieved person.
      (2) If the court determines that the use of the pen register or
    trap and trace device, as the case may be, was lawfully authorized
    or conducted, it may deny the motion of the aggrieved person except
    to the extent that due process requires discovery or disclosure.
    (h) Binding final orders
      Orders granting motions or requests under subsection (g) of this
    section, decisions under this section that the use of a pen
    register or trap and trace device 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 the installation and use of a pen register or
    trap and trace device shall be final orders and binding upon all
    courts of the United States and the several States except a United
    States Court of Appeals or the Supreme Court.

-SOURCE-
    (Pub. L. 95-511, title IV, Sec. 405, as added Pub. L. 105-272,
    title VI, Sec. 601(2), Oct. 20, 1998, 112 Stat. 2408.)

-End-



-CITE-
    50 USC Sec. 1846                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER III - PEN REGISTERS AND TRAP AND TRACE DEVICES FOR
           FOREIGN INTELLIGENCE PURPOSES                 

-HEAD-
    Sec. 1846. Congressional oversight

-STATUTE-
      (a) On a semiannual basis, the Attorney General shall fully
    inform the Permanent Select Committee on Intelligence of the House
    of Representatives and the Select Committee on Intelligence of the
    Senate concerning all uses of pen registers and trap and trace
    devices pursuant to this subchapter.
      (b) On a semiannual basis, the Attorney General shall also
    provide to the committees referred to in subsection (a) of this
    section and to the Committees on the Judiciary of the House of
    Representatives and the Senate a report setting forth with respect
    to the preceding 6-month period - 
        (1) the total number of applications made for orders approving
      the use of pen registers or trap and trace devices under this
      subchapter; and
        (2) the total number of such orders either granted, modified,
      or denied.

-SOURCE-
    (Pub. L. 95-511, title IV, Sec. 406, as added Pub. L. 105-272,
    title VI, Sec. 601(2), Oct. 20, 1998, 112 Stat. 2410.)

-End-


-CITE-
    50 USC SUBCHAPTER IV - ACCESS TO CERTAIN BUSINESS RECORDS
           FOR FOREIGN INTELLIGENCE PURPOSES               01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER IV - ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
                     INTELLIGENCE PURPOSES     

-HEAD-
      SUBCHAPTER IV - ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
                           INTELLIGENCE PURPOSES

-End-



-CITE-
    50 USC Sec. 1861                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER IV - ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
                     INTELLIGENCE PURPOSES     

-HEAD-
    Sec. 1861. Access to certain business records for foreign
      intelligence and international terrorism investigations

-STATUTE-
    (a) Application for order; conduct of investigation generally
      (1) The Director of the Federal Bureau of Investigation or a
    designee of the Director (whose rank shall be no lower than
    Assistant Special Agent in Charge) may make an application for an
    order requiring the production of any tangible things (including
    books, records, papers, documents, and other items) for an
    investigation to obtain foreign intelligence information not
    concerning a United States person or to protect against
    international terrorism or clandestine intelligence activities,
    provided that such investigation of a United States person is not
    conducted solely upon the basis of activities protected by the
    first amendment to the Constitution.
      (2) An investigation conducted under this section shall - 
        (A) be conducted under guidelines approved by the Attorney
      General under Executive Order 12333 (or a successor order); and
        (B) not be conducted of a United States person solely upon the
      basis of activities protected by the first amendment to the
      Constitution of the United States.
    (b) Recipient and contents of application
      Each application under this section - 
        (1) shall be made to - 
          (A) a judge of the court established by section 1803(a) of
        this title; or
          (B) a United States Magistrate Judge under chapter 43 of
        title 28, who is publicly designated by the Chief Justice of
        the United States to have the power to hear applications and
        grant orders for the production of tangible things under this
        section on behalf of a judge of that court; and

        (2) shall specify that the records concerned are sought for an
      authorized investigation conducted in accordance with subsection
      (a)(2) of this section to obtain foreign intelligence information
      not concerning a United States person or to protect against
      international terrorism or clandestine intelligence activities.
    (c) Ex parte judicial order of approval
      (1) Upon an application made pursuant to this section, the judge
    shall enter an ex parte order as requested, or as modified,
    approving the release of records if the judge finds that the
    application meets the requirements of this section.
      (2) An order under this subsection shall not disclose that it is
    issued for purposes of an investigation described in subsection (a)
    of this section.
    (d) Nondisclosure
      No person shall disclose to any other person (other than those
    persons necessary to produce the tangible things under this
    section) that the Federal Bureau of Investigation has sought or
    obtained tangible things under this section.
    (e) Liability for good faith disclosure; waiver
      A person who, in good faith, produces tangible things under an
    order pursuant to this section shall not be liable to any other
    person for such production. Such production shall not be deemed to
    constitute a waiver of any privilege in any other proceeding or
    context.

-SOURCE-
    (Pub. L. 95-511, title V, Sec. 501, as added Pub. L. 107-56, title
    II, Sec. 215, Oct. 26, 2001, 115 Stat. 287; amended Pub. L. 107-
    108, title III, Sec. 314(a)(6), Dec. 28, 2001, 115 Stat. 1402.)


-STATAMEND-
           TERMINATION OF SECTION AND OF REPEAL OF PRIOR SECTION       
      For termination of section and of repeal of prior section 1861 by
    section 224 of Pub. L. 107-56, see Termination Date of 2001
    Amendment note set out under section 2510 of Title 18, Crimes and
    Criminal Procedure.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order No. 12333, referred to in subsec. (a)(2)(A), is
    set out as a note under section 401 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1861, Pub. L. 95-511, title V, Sec. 501, as added
    Pub. L. 105-272, title VI, Sec. 602, Oct. 20, 1998, 112 Stat. 2410,
    defined terms used in this subchapter, prior to repeal by Pub. L.
    107-56, title II, Sec. 215, Oct. 26, 2001, 115 Stat. 287.

                                AMENDMENTS                            
      2001 - Subsec. (a)(1). Pub. L. 107-108 inserted "to obtain
    foreign intelligence information not concerning a United States
    person or" after "an investigation".

-End-



-CITE-
    50 USC Sec. 1862                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER IV - ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
                     INTELLIGENCE PURPOSES     

-HEAD-
    Sec. 1862. Congressional oversight

-STATUTE-
      (a) On a semiannual basis, the Attorney General shall fully
    inform the Permanent Select Committee on Intelligence of the House
    of Representatives and the Select Committee on Intelligence of the
    Senate concerning all requests for the production of tangible
    things under section 1861 of this title.
      (b) On a semiannual basis, the Attorney General shall provide to
    the Committees on the Judiciary of the House of Representatives and
    the Senate a report setting forth with respect to the preceding 6-
    month period - 
        (1) the total number of applications made for orders approving
      requests for the production of tangible things under section 1861
      of this title; and
        (2) the total number of such orders either granted, modified,
      or denied.

-SOURCE-
    (Pub. L. 95-511, title V, Sec. 502, as added Pub. L. 107-56, title
    II, Sec. 215, Oct. 26, 2001, 115 Stat. 288; amended Pub. L. 107-
    108, title III, Sec. 314(a)(7), Dec. 28, 2001, 115 Stat. 1402.)


-STATAMEND-
           TERMINATION OF SECTION AND OF REPEAL OF PRIOR SECTION       
      For termination of section and of repeal of prior section 1862 by
    section 224 of Pub. L. 107-56, see Termination Date of 2001
    Amendment note set out under section 2510 of Title 18, Crimes and
    Criminal Procedure.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1862, Pub. L. 95-511, title V, Sec. 502, as added
    Pub. L. 105-272, title VI, Sec. 602, Oct. 20, 1998, 112 Stat. 2411,
    related to access to certain business records for foreign
    intelligence and international terrorism investigations, prior to
    repeal by Pub. L. 107-56, title II, Sec. 215, Oct. 26, 2001, 115
    Stat. 287. See section 1861 of this title.

                                AMENDMENTS                            
      2001 - Subsecs. (a), (b)(1). Pub. L. 107-108 substituted "section
    1861 of this title" for "section 1842 of this title".

-End-



-CITE-
    50 USC Sec. 1863                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER IV - ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
                     INTELLIGENCE PURPOSES     

-HEAD-
    Sec. 1863. Repealed. Pub. L. 107-56, title II, Sec. 215, Oct. 26,
      2001, 115 Stat. 287

-MISC1-
      Section, Pub. L. 95-511, title V, Sec. 503, as added Pub. L. 105-
    272, title VI, Sec. 602, Oct. 20, 1998, 112 Stat. 2412, related to
    congressional oversight. See section 1862 of this title.


-STATAMEND-
                           TERMINATION OF REPEAL                       
      For termination of repeal by section 224 of Pub. L. 107-56, see
    Termination Date of 2001 Amendment note under section 2510 of Title
    18, Crimes and Criminal Procedure.


-MISC1-
                        TERMINATION DATE OF REPEAL                    
      Repeal by Pub. L. 107-56 to cease to have effect Feb. 3, 2006,
    see section 224 of Pub. L. 107-56, set out as a Termination Date of
    2001 Amendment note under section 2510 of Title 18, Crimes and
    Criminal Procedure.

-End-


-CITE-
    50 USC SUBCHAPTER V - REPORTING REQUIREMENT                 01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER V - REPORTING REQUIREMENT

-HEAD-
                   SUBCHAPTER V - REPORTING REQUIREMENT               

-End-



-CITE-
    50 USC Sec. 1871                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
    SUBCHAPTER V - REPORTING REQUIREMENT

-HEAD-
    Sec. 1871. Semiannual report of the Attorney General

-STATUTE-
    (a) Report
      On a semiannual basis, the Attorney General shall submit to the
    Permanent Select Committee on Intelligence of the House of
    Representatives, the Select Committee on Intelligence of the
    Senate, and the Committees on the Judiciary of the House of
    Representatives and the Senate, in a manner consistent with the
    protection of the national security, a report setting forth with
    respect to the preceding 6-month period - 
        (1) the aggregate number of persons targeted for orders issued
      under this chapter, including a breakdown of those targeted for -
      
          (A) electronic surveillance under section 1805 of this title;
          (B) physical searches under section 1824 of this title;
          (C) pen registers under section 1842 of this title; and
          (D) access to records under section 1861 of this title;

        (2) the number of individuals covered by an order issued
      pursuant to section 1801(b)(1)(C) of this title;
        (3) the number of times that the Attorney General has
      authorized that information obtained under this chapter may be
      used in a criminal proceeding or any information derived
      therefrom may be used in a criminal proceeding;
        (4) a summary of significant legal interpretations of this
      chapter involving matters before the Foreign Intelligence
      Surveillance Court or the Foreign Intelligence Surveillance Court
      of Review, including interpretations presented in applications or
      pleadings filed with the Foreign Intelligence Surveillance Court
      or the Foreign Intelligence Surveillance Court of Review by the
      Department of Justice; and
        (5) copies of all decisions (not including orders) or opinions
      of the Foreign Intelligence Surveillance Court or Foreign
      Intelligence Surveillance Court of Review that include
      significant construction or interpretation of the provisions of
      this chapter.
    (b) Frequency
      The first report under this section shall be submitted not later
    than 6 months after December 17, 2004. Subsequent reports under
    this section shall be submitted semi-annually thereafter.

-SOURCE-
    (Pub. L. 95-511, title VI, Sec. 601, as added Pub. L. 108-458,
    title VI, Sec. 6002(a)(2), Dec. 17, 2004, 118 Stat. 3743.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783,
    as amended, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1801 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 601 of Pub. L. 95-511 was renumbered section 701
    and is set out as a note under section 1801 of this title.

-End-