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50 U.S.C. § 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
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/h&num=0&edition=prelim); 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 wit
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Source file: Laws/federal/codes/united-states-code/title-50/section-1802-electronic-surveillance-authorization-without-court-order-certification--59c3d4656b.md
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Source location: Title 50, Chapter 36, § 1802; chapter-036-foreign-intelligence-surveillance.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/h&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1808/a&num=0&edition=prelim).
(3) The Attorney General shall immediately transmit under seal to the court established under [section 1803(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1806/f&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1805&num=0&edition=prelim), approving electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information, except that the court shall not have jurisdiction to grant any order approving electronic surveillance directed solely as described in paragraph (1)(A) of subsection (a) unless such surveillance may involve the acquisition of communications of any United States person.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Covered element of the intelligence community** — The term “covered element of the intelligence community” means an element of the intelligence community that is not an element of the Department of Defense.
(2) **National security satellite** — The term “national security satellite” means a satellite weighing over 400 pounds whose principle purpose is to support the national security or intelligence needs of the United States Government.
(3) **United States** — The term “United States” means the several States, the District of Columbia, and the territories and possessions of the United States.
**(b) Requirement** Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star tracker.
**(c) Exception** The head of a covered element of the intelligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congressional intelligence committees that—
(1) there is no available star tracker produced in the United States that meets the mission and design requirements of the national security satellite for which the star tracker will be used;
(2) the cost of a star tracker produced in the United States is unreasonable, based on a market survey; or
(3) such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Court to hear applications and grant orders; record of denial; transmittal to court of review**
(1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least 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 (except when sitting en banc under paragraph (2)) 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 for 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).
(2)
(A) The court established under this subsection may, on its own initiative, or upon the request of the Government in any proceeding or a party under section 1861(f) 11 See References in Text note below. of this title or paragraph (4) or (5) of [section 1881a(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a/i&num=0&edition=prelim), hold a hearing or rehearing, en banc, when ordered by a majority of the judges that constitute such court upon a determination that—
(i) en banc consideration is necessary to secure or maintain uniformity of the court’s decis
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1803
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Necessary findings** Upon an application made pursuant to [section 1804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1804&num=0&edition=prelim), 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) 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;
(3) the proposed minimization procedures meet the definition of minimization procedures under [section 1801(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/h&num=0&edition=prelim); and
(4) the application which has been filed contains all statements and certifications required by [section 1804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1804&num=0&edition=prelim) 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) 11 See References in Text note below. of this title and any other information furnished under section 1804(d) 1 of this title.
**(b) Determination of
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803&num=0&edition=prelim). 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 identity, if known, or a description of the specific target of the electronic surveillance;
(3) a sworn 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, in the case of a target that is a United States person alleged to be acting as an agent of a foreign power (as described in [section 1801(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/b/2/B&num=0&edition=prelim)), that a violation of the criminal statutes of the United States as referred to in [section 1801(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/b/2/B&num=0&edition=prelim) has occurred or is about to occur; 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) a statement of the proposed minimization procedures;
(5) a description of the
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “National Security Act of 1947”.
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Federal law — U.S. Code and appendices · legal_authorities
Page 241
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1802
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.)—
‘‘(A) section 103(e) of such Act [50 U.S.C. 1803(e)],
as amended by section 403(a)(1)(B)(ii), shall con-
tinue to apply with respect to any directive issued
pursuant to section 702(i) of such Act [50 U.S.C.
1881a(i)], as added by section 101(a);
‘‘(B) section 702(i)(3) of such Act (as so added)
shall continue to apply with respect to any direc-
tive issued pursuant to section 702(i) of such Act (as
so added);
‘‘(C) section 703(e) of such Act [50 U.S.C. 1881b(e)]
(as so added) shall continue to apply with respect to
an order or request for emergency assistance under
that section;
‘‘(D) section 706 of such Act [50 U.S.C. 1881e] (as so
added) shall continue to apply to an acquisition
conducted under section 702 or 703 of such Act (as so
added); and
‘‘(E) section 2511(2)(a)(ii)(A) of title 18, United
States Code, as amended by section 101(c)(1), shall
continue to apply to an order issued pursuant to
section 704 of the Foreign Intelligence Surveillance
Act of 1978, [50 U.S.C. 1881c] as added by section
101(a).
‘‘(4) REPORTING REQUIREMENTS.—
‘‘(A) CONTINUED APPLICABILITY.—Notwithstanding
any other provision of this Act or of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), section 601(a) of such Act (50 U.S.C. 1871(a)),
as amended by section 101(c)(2), and sections 702(m)
and 707 of such Act, [50 U.S.C. 1881a(m), 1881f] as
added by section 101(a) and amended by the FISA
Amendments Reauthorization Act of 2017 and the
Reforming Intelligence and Securing America Act,
shall continue to apply until the date that the cer-
tification described in subparagraph (B) is sub-
mitted.
‘‘(B) CERTIFICATION.—The certification
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