50 U.S.C. § 1805 | Issuance of order

(a)

Necessary findings

section 1804 of this titleUpon an application made pursuant to , the judge shall enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that—

(1)

the application has been made by a Federal officer and approved by the Attorney General;

(2)

on the basis of the facts submitted by the applicant there is probable cause to believe that—

(A)

Provided the target of the electronic surveillance is a foreign power or an agent of a foreign power: , 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;

(3)

section 1801(h) of this title the proposed minimization procedures meet the definition of minimization procedures under ; and

(4)

section 1804 of this title1

1 See References in Text note below.

1 the application which has been filed contains all statements and certifications required by 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)(2), 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

(1)

Specifications.—

An order approving an electronic surveillance under this section shall specify—

(A)

section 1804(a)(3) of this title the identity, if known, or a description of the specific target of the electronic surveillance identified or described in the application pursuant to ;

(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; and

(E)

the period of time during which the electronic surveillance is approved.

(2)

2 So in original.

direct— 

(A)

that the minimization procedures be followed;

(B)

that, upon the request of the applicant, a specified communication or other common carrier, landlord, custodian, or other specified person furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance;

(C)

that such carrier, landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of Central 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.

(3)

Special directions for certain orders.—

An order approving an electronic surveillance under this section in circumstances where the nature and location of each of the facilities or places at which the surveillance will be directed is unknown shall direct the applicant to provide notice to the court within ten days after the date on which surveillance begins to be directed at any new facility or place, unless the court finds good cause to justify a longer period of up to 60 days, of—

(A)

the nature and location of each new facility or place at which the electronic surveillance is directed;

(B)

the facts and circumstances relied upon by the applicant to justify the applicant’s belief that each new facility or place at which the electronic surveillance is directed is or was being used, or is about to be used, by the target of the surveillance;

(C)

a statement of any proposed minimization procedures that differ from those contained in the original application or order, that may be necessitated by a change in the facility or place at which the electronic surveillance is directed; and

(D)

the total number of electronic surveillances that have been or are being conducted under the authority of the order.

(d)

Duration of order; review of circumstances under which information was acquired, retained or disseminated; review of application denial; same judge to hear extension applications

(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 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 who is not a United States person may be for the period specified in the application or for one year, whichever is less.

(2)

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.

(3)

section 1804 of this title section 1803 of this title A denial of the application made under may be reviewed as provided in .

(5)

3 So in original. There is no par. (4).

  An extension of an order issued under this subchapter for surveillance targeted against a United States person, to the extent practicable and absent exigent circumstances, shall be granted or denied by the same judge who issued the original order unless the term of such judge has expired or such judge is otherwise no longer serving on the court.

(e)

Emergency orders

(1)

Notwithstanding any other provision of this subchapter, the Attorney General may authorize the emergency employment of electronic surveillance if the Attorney General—

(A)

reasonably determines that 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;

(B)

reasonably determines that the factual basis for the issuance of an order under this subchapter to approve such electronic surveillance exists;

(C)

section 1803 of this title informs, either personally or through a designee, a judge having jurisdiction under at the time of such authorization that the decision has been made to employ emergency electronic surveillance; and

(D)

section 1803 of this title makes an application in accordance with this subchapter to a judge having jurisdiction under as soon as practicable, but not later than 7 days after the Attorney General authorizes such surveillance.

(2)

If the Attorney General authorizes the emergency employment of electronic surveillance 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 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 7 days from the time of authorization by the Attorney General, whichever is earliest.

(4)

section 1803 of this title A denial of the application made under this subsection may be reviewed as provided in .

(5)

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.

(6)

The Attorney General shall assess compliance with the requirements of paragraph (5).

(f)

Emergencies involving non-United States persons

(1)

Notwithstanding any other provision of this chapter, the lawfully authorized targeting of a non-United States person previously believed to be located outside the United States for the acquisition of foreign intelligence information may continue for a period not to exceed 72 hours from the time that the non-United States person is reasonably believed to be located inside the United States and the acquisition is subject to this subchapter or to subchapter II of this chapter, provided that the head of an element of the intelligence community—

(A)

reasonably determines that a lapse in the targeting of such non-United States person poses a threat of death or serious bodily harm to any person;

(B)

promptly notifies the Attorney General of a determination under subparagraph (A); and

(C)

section 1824(e) of this title requests, as soon as practicable, the employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to , as warranted.

(2)

The authority under this subsection to continue the acquisition of foreign intelligence information is limited to a period not to exceed 72 hours and shall cease upon the earlier of the following:

(A)

section 1824(e) of this title The employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to .

(B)

An issuance of a court order under this subchapter or subchapter II of this chapter.

(C)

The Attorney General provides direction that the acquisition be terminated.

(D)

The head of the element of the intelligence community conducting the acquisition determines that a request under paragraph (1)(C) is not warranted.

(E)

When the threat of death or serious bodily harm to any person is no longer reasonably believed to exist.

(3)

Nonpublicly available information concerning unconsenting United States persons acquired under this subsection shall not be disseminated during the 72 hour time period under paragraph (1) unless necessary to investigate, reduce, or eliminate the threat of death or serious bodily harm to any person.

(4)

section 1824(e) of this title If the Attorney General declines to authorize the employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to , or a court order is not obtained under this subchapter or subchapter II of this chapter, information obtained during the 72 hour acquisition time period under paragraph (1) shall not be retained, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(5)

Paragraphs (5) and (6) of subsection (e) shall apply to this subsection.

(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)

section 605 of title 47 any information acquired by such surveillance is used only to enforce chapter 119 of title 18, or , 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

section 1802(a) of this titleCertifications made by the Attorney General pursuant to 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.

(j)

Pen registers and trap and trace devices

section 1842(d)(2) of this titleIn any case in which the Government makes an application to a judge under this subchapter to conduct electronic surveillance involving communications and the judge grants such application, upon the request of the applicant, the judge shall also authorize the installation and use of pen registers and trap and trace devices, and direct the disclosure of the information set forth in .

Pub. L. 95–511, title I, § 105Oct. 25, 197892 Stat. 1790 Pub. L. 98–549, § 6(b)(3)Oct. 30, 198498 Stat. 2804 Pub. L. 106–567, title VI, § 602(b)Dec. 27, 2000114 Stat. 2851 Pub. L. 107–56, title IIOct. 26, 2001115 Stat. 282 Pub. L. 107–108, title III, § 314(a)(2)Dec. 28, 2001115 Stat. 1402 Pub. L. 107–273, div. B, title IV, § 4005(c)Nov. 2, 2002116 Stat. 1812 Pub. L. 108–458, title I, § 1071(e)Dec. 17, 2004118 Stat. 3691 Pub. L. 109–177, title IMar. 9, 2006120 Stat. 195 Pub. L. 110–261, title IJuly 10, 2008122 Stat. 2461 Pub. L. 111–118, div. B, § 1004(a)Dec. 19, 2009123 Stat. 3470 Pub. L. 111–141, § 1(a)Feb. 27, 2010124 Stat. 37 Pub. L. 111–259, title VIII, § 806(a)(2)Oct. 7, 2010124 Stat. 2748 Pub. L. 112–3, § 2(a)Feb. 25, 2011125 Stat. 5 Pub. L. 112–14, § 2(a)May 26, 2011125 Stat. 216 Pub. L. 114–23, title VIIJune 2, 2015129 Stat. 298 Pub. L. 115–118, title II, § 205(b)(2)Jan. 19, 2018132 Stat. 22 Pub. L. 116–69, div. B, title VII, § 1703(a)Nov. 21, 2019133 Stat. 1143 Pub. L. 118–49Apr. 20, 2024138 Stat. 868 (, , ; , , ; , , ; , §§ 206, 207(a)(1), (b)(1), 225, , , 295; , (c)(1), , , 1403; , , ; , , ; , §§ 102(b)(1), 105(a), 108(a)(2), (b), , , 203; , §§ 105(a), 110(c)(1), , , 2466; , , ; , , ; , , ; , , ; , , ; , §§ 701(a), 705(a), (c), , , 300; , , ; , , ; , §§ 5(a), 6(g)(1), , , 873.)

Editorial Notes

References in Text

Section 1804(a)(7)(E) of this title section 1804(a)(6)(E) of this title Pub. L. 110–261, title I, § 104(1)(B)July 10, 2008122 Stat. 2461 , referred to in subsec. (a)(4), was redesignated by , , .

Section 1804(d) of this title section 1804(c) of this title Pub. L. 110–261, title I, § 104(3)July 10, 2008122 Stat. 2461 , referred to in subsec. (a)(4), was redesignated by , , .

Pub. L. 95–511Oct. 25, 197892 Stat. 1783 section 1801 of this titleThis chapter, referred to in subsecs. (d)(1), (f)(1), and (i), was in the original “this Act”, meaning , , , known as the Foreign Intelligence Surveillance Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Pub. L. 107–56, § 225 Pub. L. 107–108, § 314(a)(2)(C)Pub. L. 107–273, § 4005(c)Pub. L. 107–56As originally enacted, , amended this section by adding subsec. (h) relating to bar of legal action after subsec. (g). The section already contained a subsec. (h). Both , and , made amendments retroactive to the date of enactment of 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 Date of 2001 Amendment note below.

Amendments

Pub. L. 118–49, § 6(g)(1)(A)(i)2024—Subsec. (d)(1)(A). , which directed the substitution of “against a foreign power” for “against a foreign power, as defined in section 1801(a), (1), (2), or (3) of this title,” was executed by making the substitution for “against a foreign power, as defined in section 1801(a)(1), (2), or (3) of this title,” to reflect the probable intent of Congress.

Pub. L. 118–49, § 6(g)(1)(A)(ii)Subsec. (d)(1)(B). , substituted “one year” for “120 days”.

Pub. L. 118–49, § 6(g)(1)(B)section 1801(a) of this title section 1801(a)(4) of this titleSubsec. (d)(2) to (4). , (C), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “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 paragraph (5), (6), or (7) of , or against a foreign power as defined in 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 who is not a United States person may be for a period not to exceed 1 year.”

Pub. L. 118–49, § 5(a)Subsec. (d)(5). , added par. (5).

Pub. L. 116–69 Pub. L. 109–177, § 102(b)(1)2019— amended directory language of . See 2006 Amendment note below.

Pub. L. 115–1182018—Subsec. (d)(4). added par. (4).

Pub. L. 114–23, § 705(a)Pub. L. 109–177, § 102(b)(1)Pub. L. 109–177, § 102(b)(1)Pub. L. 112–14June 1, 2015Oct. 25, 2001Pub. L. 114–23June 1, 2015Dec. 15, 2019Pub. L. 114–23June 2, 20152015—Subsec. (c)(2). , (c), amended directory language of . See 2006 Amendment note below. Pursuant to , as amended by , subsec. (c)(2) was amended, effective , to read as it read on . The amendment by , which delayed the reversion of subsec. (c)(2) from , to , was given effect to reflect the probable intent of Congress, notwithstanding that was enacted on .

Pub. L. 114–23, § 701(a)Subsecs. (f) to (j). , added subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j), respectively.

Pub. L. 112–14 Pub. L. 109–177, § 102(b)(1)2011—Subsec. (c)(2). amended directory language of . See 2006 Amendment note below.

Pub. L. 112–3 Pub. L. 109–177, § 102(b)(1) amended directory language of . See 2006 Amendment note below.

Pub. L. 111–141 Pub. L. 109–177, § 102(b)(1)2010—Subsec. (c)(2). amended directory language of . See 2006 Amendment note below.

Pub. L. 111–259 Pub. L. 108–458, § 1071(e)Subsec. (c)(2)(C). made technical amendment to directory language of . See 2004 Amendment note below.

Pub. L. 111–118 Pub. L. 109–177, § 102(b)(1)2009—Subsec. (c)(2). amended directory language of . See 2006 Amendment note below.

Pub. L. 110–261, § 105(a)(1)2008—Subsec. (a). , redesignated pars. (2) to (5) as (1) to (4), respectively, and struck out former par. (1) which read as follows: “the President has authorized the Attorney General to approve applications for electronic surveillance for foreign intelligence information;”.

Pub. L. 110–261, § 105(a)(2)Subsec. (b). , substituted “(a)(2)” for “(a)(3)”.

Pub. L. 110–261, § 105(a)(3)Subsec. (c)(1)(D) to (F). , inserted “and” after semicolon at and of subpar. (D), substituted a period for “; and” in subpar. (E), and struck out subpar. (F) which read as follows: “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.”

Pub. L. 110–261, § 105(a)(4)Subsec. (d). , (5), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to exclusion of certain information respecting foreign power targets from ex parte order.

Pub. L. 110–261, § 110(c)(1)Subsec. (d)(2). , substituted “paragraph (5), (6), or (7) of section 1801(a)” for “section 1801(a)(5) or (6)”.

Pub. L. 110–261, § 105(a)(5)Subsec. (e). , (6), redesignated subsec. (f) as (e) and amended it generally. Prior to amendment, subsec. (e) related to authority of the Attorney General to authorize emergency employment of electronic surveillance and required application to a judge within 72 hours after authorization. Former subsec. (e) redesignated (d).

Pub. L. 110–261, § 105(a)(5)Subsecs. (f) to (i). , (7), added subsec. (i) and redesignated former subsecs. (g) to (i) as (f) to (h), respectively. Former subsec. (f) redesignated (e).

Pub. L. 109–177, § 108(b)(1)Specifications2006—Subsec. (c)(1). , substituted “(1) .—An order approving an electronic surveillance under this section shall specify—” for “An order approving an electronic surveillance under this section shall—

“(1) specify—”.

Pub. L. 109–177, § 108(a)(2)(A)section 1804(a)(3) of this titleSubsec. (c)(1)(A). , substituted “specific target of the electronic surveillance identified or described in the application pursuant to ” for “target of the electronic surveillance”.

Pub. L. 109–177, § 108(b)(2)Subsec. (c)(1)(F). , substituted period for “; and” at end.

Pub. L. 109–177, § 108(b)(3)Subsec. (c)(2). , inserted par. heading and substituted “An order approving an electronic surveillance under this section shall direct” for “direct” in introductory provisions.

Pub. L. 109–177, § 102(b)(1)Pub. L. 111–118 Pub. L. 111–141 Pub. L. 112–3 Pub. L. 112–14 Pub. L. 114–23, § 705(a)Pub. L. 116–69Mar. 15, 2020Oct. 25, 2001, as amended by , , , , , (c), and , amended par. (2), effective , so as to read as it read on . Prior to amendment, par. (2) established requirements of orders approving electronic surveillance.

Pub. L. 109–177, § 108(a)(2)(B)Subsec. (c)(2)(B). , substituted “where the Court finds, based upon specific facts provided in the application,” for “where the Court finds”.

Pub. L. 109–177, § 108(b)(4)Subsec. (c)(3). , added par. (3).

Pub. L. 109–177, § 105(a)(1)section 1801(b)(1)(A) of this titleSubsec. (e)(1)(B). , substituted “who is not a United States person” for “, as defined in ”.

Pub. L. 109–177, § 105(a)(2)section 1801(b)(1)(A) of this titleSubsec. (e)(2)(B). , substituted “who is not a United States person” for “as defined in ”.

Pub. L. 108–458, § 1071(e)Pub. L. 111–2592004—Subsec. (c)(2)(C). , as amended by , substituted “Director of National Intelligence” for “Director of Central Intelligence”.

Pub. L. 107–273 Pub. L. 107–56, § 2252002—Subsec. (i). amended . See 2001 Amendment notes below.

Pub. L. 107–108, § 314(a)(2)(A)2001—Subsec. (c)(1)(B). , inserted “, if known” before semicolon at end.

Pub. L. 107–56, § 206Subsec. (c)(2)(B). , 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”.

Pub. L. 107–56, § 207(a)(1)section 1801(b)(1)(A) of this titleSubsec. (e)(1). , 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 may be for the period specified in the application or for 120 days, whichever is less” before period at end.

Pub. L. 107–56, § 207(b)(1)Pub. L. 107–108, § 314(c)(1)section 1801(b)(1)(A) of this titleSubsec. (e)(2). , as amended by , 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 may be for a period not to exceed 1 year” before period at end.

Pub. L. 107–108, § 314(a)(2)(B)Subsec. (f). , substituted “72 hours” for “twenty-four hours” in two places in concluding provisions.

Pub. L. 107–108, § 314(a)(2)(C)section 225 of Pub. L. 107–56 section 602(b)(2) of Pub. L. 106–567Subsec. (h). , transferred subsec. (h) added by to appear after the subsec. (h) redesignated by , and redesignated the transferred subsec. (h) as subsec. (i). See Codification note above.

Pub. L. 107–108, § 314(a)(2)(D)Subsec. (i). , inserted “for electronic surveillance or physical search” before period at end.

Pub. L. 107–108, § 314(a)(2)(C)section 225 of Pub. L. 107–56 section 602(b)(2) of Pub. L. 106–567, transferred subsec. (h) added by to appear after the subsec. (h) redesignated by , and redesignated the transferred subsec. (h) as subsec. (i). See Codification note above.

Pub. L. 107–56, § 225 Pub. L. 107–273, § 4005(c), as amended by , added subsec. (i) relating to bar of legal action.

Pub. L. 106–567, § 602(b)(1)2000—Subsecs. (b), (c). , (2), added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d).

Pub. L. 106–567, § 602(b)(1)Subsec. (d). , (3), redesignated subsec. (c) as (d) and substituted “subsection (c)(1)” for “subsection (b)(1)”. Former subsec. (d) redesignated (e).

Pub. L. 106–567, § 602(b)(1)Subsecs. (e) to (h). , redesignated subsecs. (d) to (g) as (e) to (h), respectively.

Pub. L. 98–549 section 6(a) of Pub. L. 98–549 section 605 of Title 47 Pub. L. 98–5491984—Subsec. (f)(2)(C). 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 . Because both sections translate as “”, the amendment by resulted in no change in text.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–261July 10, 2008section 404 of Pub. L. 110–261 section 1801 of this title section 402 of Pub. L. 110–261 section 1801 of this titleAmendment by effective , except as provided in , set out as a Transition Procedures note under , see , set out as an Effective Date of 2008 Amendment note under .

Effective Date of 2006 Amendment

Pub. L. 109–177, title I, § 102(b)Mar. 9, 2006120 Stat. 195 Pub. L. 111–118, div. B, § 1004(a)Dec. 19, 2009123 Stat. 3470 Pub. L. 111–141, § 1(a)Feb. 27, 2010124 Stat. 37 Pub. L. 112–3, § 2(a)Feb. 25, 2011125 Stat. 5 Pub. L. 112–14, § 2(a)May 26, 2011125 Stat. 216 Pub. L. 114–23, title VII, § 705(a)June 2, 2015129 Stat. 300 Pub. L. 116–69, div. B, title VII, § 1703(a)Nov. 21, 2019133 Stat. 1143

“(1)

In general .—

March 15, 202050 U.S.C. 1801 50 U.S.C. 1861October 25, 2001Effective , the Foreign Intelligence Surveillance Act of 1978 [ et seq.] is amended so that title V and section 105(c)(2) [ to 1863, and 1805(c)(2)] read as they read on .

“(2)

Exception .—

With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which such provisions cease to have effect, such provisions shall continue in effect.”

, , , as amended by , , ; , , ; , , ; , , ; , (c), , ; , , , provided that:

Pub. L. 109–177, § 102(b)(1)Pub. L. 112–14June 1, 2015Oct. 25, 2001Pub. L. 114–23, § 705(a)December 15, 2019June 1, 2015Dec. 15, 2019June 1, 2015Pub. L. 114–23June 2, 2015[, set out above, as amended by , provided that sections 1861 and 1862 of this title and subsec. (c)(2) of this section were amended, effective , to read as they read on . , amended section 102(b)(1) by substituting “” for “”, thereby delaying the reversion of those provisions until . Such amendment was given effect in those provisions by not executing the reversions on , to reflect the probable intent of Congress, notwithstanding that was enacted on . See Amendment of Subsection (c)(2) note and 2015 Amendment note for subsec. (c)(2) above and Codification and 2015 Amendment notes under sections 1861 and 1862 of this title.]

Effective Date of 2004 Amendment

Pub. L. 108–458Apr. 21, 2005Apr. 21, 2005section 3001 of this titleFor Determination by President that amendment by take effect on , see Memorandum of President of the United States, , 70 F.R. 23925, set out as a note under .

Pub. L. 108–458Dec. 17, 2004section 1097(a) of Pub. L. 108–458 section 3001 of this titleAmendment by effective not later than six months after , except as otherwise expressly provided, see , set out in an Effective Date of 2004 Amendment; Transition Provisions note under .

Effective Date of 2002 Amendment

Pub. L. 107–273, div. B, title IV, § 4005(c)Nov. 2, 2002116 Stat. 1812 Oct. 26, 2001, , , provided that the amendment made by section 4005(c) is effective .

Effective Date of 2001 Amendment

Pub. L. 107–108, title III, § 314(c)Dec. 28, 2001115 Stat. 1402 section 314(c)(1) of Pub. L. 107–108Oct. 26, 2001Pub. L. 107–56, , , provided in part that the amendment made by is effective as of , and as if included in as originally enacted.

Effective Date of 1984 Amendment

Pub. L. 98–549Oct. 30, 1984section 9(a) of Pub. L. 98–549 section 521 of Title 47Amendment by effective 60 days after , except where otherwise expressly provided, see , set out as a note under , Telecommunications.