50 U.S.C. § 1803 — Designation of judges

Page 242 TITLE 50—WAR AND NATIONAL DEFENSE § 1803 the Chief Justice with the concurrence of the Attorney General, in consultation with the Di- rector of National Intelligence, and shall remain sealed unless— (A) an application for a court order with re- spect to the surveillance is made under sec- tions 1801(h)(4) and 1804 of this title; or (B) the certification is necessary to deter- mine the legality of the surveillance under section 1806(f) of this title. (4) With respect to electronic surveillance au- thorized by this subsection, the Attorney Gen- eral may direct a specified communication com- mon 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 min- imum of interference with the services that such carrier is providing its customers; and (B) maintain under security procedures ap- proved by the Attorney General and the Direc- tor of National Intelligence any records con- cerning the surveillance or the aid furnished which such carrier wishes to retain. The Government shall compensate, at the pre- vailing 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 Attor- ney 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 de- scribed in paragraph (1)(A) of subsection (a) un- less such surveillance may involve the acquisi- tion of communications of any United States person. (Pub. L. 95–511, title I, § 102, Oct. 25, 1978, 92 Stat. 1786; Pub. L. 108–458, title I, § 1071(e), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 111–259, title VIII, § 806(a)(2), Oct. 7, 2010, 124 Stat. 2748.) Editorial Notes AMENDMENTS 2010—Subsec. (a)(3), (4)(B). Pub. L. 111–259 made tech- nical amendment to directory language of Pub. L. 108–458. See 2004 Amendment note below. 2004—Subsec. (a)(3), (4)(B). Pub. L. 108–458, as amend- ed by Pub. L. 111–259, substituted ‘‘Director of National Intelligence’’ for ‘‘Director of Central Intelligence’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 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 3001 of this title. Executive Documents 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, § 1, July 15, 2005, 70 F.R. 41933; Ex. Ord. No. 13475, § 1, Oct. 7, 2008, 73 F.R. 60095, provided: By the authority vested in me as President by Sec- tions 102 and 104 of the Foreign Intelligence Surveil- lance 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 in- telligence purposes, it is hereby ordered as follows: 1–101. Pursuant to Section 102(a)(1) of the Foreign In- telligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve elec- tronic surveillance to acquire foreign intelligence in- formation without a court order, but only if the Attor- ney General makes the certifications required by that Section. 1–102. Pursuant to Section 102(b) of the Foreign Intel- ligence Act of 1978 (50 U.S.C. 1802(b)), the Attorney Gen- eral 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 infor- mation. 1–103. Pursuant to Section 104(a)(6) of the Foreign In- telligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(6)), 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)(6) 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 Intel- ligence. (i) Deputy Director of the Federal Bureau of Inves- tigation. 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. The requirement of the preceding sen- tence that the named official must be appointed by the President with the advice and consent of the Senate does not apply to the Deputy Director of the Federal Bureau of Investigation. [1–104, 1–105. Amended Ex. Ord. No. 12036, formerly set out under section 401 (now 3001) of this title.] § 1803. Designation of judges (a) Court to hear applications and grant orders; record of denial; transmittal to court of re- view (1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial cir- cuits of whom no fewer than 3 shall reside with- in 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approv- ing electronic surveillance anywhere within the United States under the procedures set forth in this chapter, except that no judge designated Page 243 TITLE 50—WAR AND NATIONAL DEFENSE § 1803 1 See References in Text note below. 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 sub- section. If any judge so designated denies an ap- plication for an order authorizing electronic sur- veillance 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 sub- section may, on its own initiative, or upon the request of the Government in any proceeding or a party under section 1861(f) 1 of this title or paragraph (4) or (5) of section 1881a(i) of this title, hold a hearing or rehearing, en banc, when ordered by a majority of the judges that con- stitute such court upon a determination that— (i) en banc consideration is necessary to se- cure or maintain uniformity of the court’s de- cisions; or (ii) the proceeding involves a question of ex- ceptional importance. (B) Any authority granted by this chapter to a judge of the court established under this sub- section may be exercised by the court en banc. When exercising such authority, the court en banc shall comply with any requirements of this chapter on the exercise of such authority. (C) For purposes of this paragraph, the court en banc shall consist of all judges who con- stitute the court established under this sub- section. (b) Court of review; record, transmittal to Su- preme Court The Chief Justice shall publicly designate three judges, one of whom shall be publicly des- ignated 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 prop- erly denied, the court shall 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 trans- mitted 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 con- ducted as expeditiously as possible, and hearings shall be transcribed. The record of proceedings under this chapter, including applications made, transcriptions of hearings, and orders granted, shall be maintained under security measures es- tablished by the Chief Justice in consultation with the Attorney General and the Director of National Intelligence. Transcriptions and any related records, including testimony and affida- vits, shall be stored in a file associated with the relevant application or order. (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) 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) shall be designated for terms of three, five, and seven years. (e) Jurisdiction and procedures for review of pe- titions (1) Three judges designated under subsection (a) who reside within 20 miles of the District of Columbia, or, if all of such judges are unavail- able, other judges of the court established under subsection (a) as may be designated by the pre- siding judge of such court, shall comprise a peti- tion review pool which shall have jurisdiction to review petitions filed pursuant to section 1861(f)(1) 1 or 1881a(i)(4) of this title. (2) Not later than 60 days after March 9, 2006, the court established under subsection (a) shall adopt and, consistent with the protection of na- tional security, publish procedures for the re- view of petitions filed pursuant to section 1861(f)(1) 1 or 1881a(i)(4) of this title by the panel established under paragraph (1). Such proce- dures shall provide that review of a petition shall be conducted in camera and shall also pro- vide for the designation of an acting presiding judge. (f) Stay of order (1) A judge of the court established under sub- section (a), the court established under sub- section (b) or a judge of that court, or the Su- preme Court of the United States or a justice of that court, may, in accordance with the rules of their respective courts, enter a stay of an order or an order modifying an order of the court es- tablished under subsection (a) or the court es- tablished under subsection (b) entered under any subchapter of this chapter, while the court es- tablished under subsection (a) conducts a re- hearing, while an appeal is pending to the court established under subsection (b), or while a peti- tion of certiorari is pending in the Supreme Court of the United States, or during the pend- ency of any review by that court. (2) The authority described in paragraph (1) shall apply to an order entered under any provi- sion of this chapter. (g) Establishment and transmittal of rules and procedures (1) The courts established pursuant to sub- sections (a) and (b) may establish such rules and procedures, and take such actions, as are reason- ably necessary to administer their responsibil- ities under this chapter. (2) The rules and procedures established under paragraph (1), and any modifications of such rules and procedures, shall be recorded, and shall be transmitted to the following: (A) All of the judges on the court established pursuant to subsection (a). (B) All of the judges on the court of review established pursuant to subsection (b). (C) The Chief Justice of the United States. (D) The Committee on the Judiciary of the Senate. Page 244 TITLE 50—WAR AND NATIONAL DEFENSE § 1803 (E) The Select Committee on Intelligence of the Senate. (F) The Committee on the Judiciary of the House of Representatives. (G) The Permanent Select Committee on In- telligence of the House of Representatives. (3) The transmissions required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex. (h) Compliance with orders, rules, and proce- dures Nothing in this chapter shall be construed to reduce or contravene the inherent authority of a court established under this section to deter- mine or enforce compliance with an order or a rule of such court or with a procedure approved by such court. (i) Amicus curiae (1) Designation The presiding judges of the courts estab- lished under subsections (a) and (b) shall, not later than 180 days after June 2, 2015, jointly designate not fewer than 5 individuals to be el- igible to serve as amicus curiae, who shall serve pursuant to rules the presiding judges may establish. In designating such individ- uals, the presiding judges may consider indi- viduals recommended by any source, including members of the Privacy and Civil Liberties Oversight Board, the judges determine appro- priate. (2) Authorization (A) In general A court established under subsection (a) or (b), consistent with the requirement of sub- section (c) and any other statutory require- ment that the court act expeditiously or within a stated time— (i) shall appoint one or more individuals who have been designated under paragraph (1) to serve as amicus curiae to assist such court in the consideration of any applica- tion for an order or review that, in the opinion of the court, presents a novel or significant interpretation of the law, un- less the court issues a finding that such appointment is not appropriate; (ii) may appoint one or more individuals or organizations to serve as amicus curiae, including to provide technical expertise, in any instance as such court deems appro- priate or, upon motion, permit an indi- vidual or organization leave to file an ami- cus curiae brief; and (iii) shall appoint one or more individ- uals who have been designated under para- graph (1) to serve as amicus curiae to as- sist such court in the consideration of any certification or procedures submitted for review pursuant to section 1881a of this title, including any amendments to such certifications or procedures, if the court established under subsection (a) has not appointed an individual under clause (i) or (ii), unless the court issues a finding that such appointment is not appropriate or is likely to result in undue delay. (B) Expertise In appointing one or more individuals under subparagraph (A)(iii), the court shall, to the maximum extent practicable, appoint an individual who possesses expertise in both privacy and civil liberties and intel- ligence collection. (C) Timing In the event that the court appoints one or more individuals or organizations pursuant to this paragraph to assist such court in a proceeding under section 1881a of this title, notwithstanding subsection (j)(1)(B) of such section, the court shall issue an order pursu- ant to subsection (j)(3) of such section as ex- peditiously as possible consistent with sub- section (k)(1) of such section, but in no event later than 60 days after the date on which such certification, procedures, or amend- ments are submitted for the court’s review, or later than 60 days after the court has issued an order appointing one or more indi- viduals pursuant to this paragraph, which- ever is earlier, unless a judge of that court issues an order finding that extraordinary circumstances necessitate additional time for review and that such extension of time is consistent with the national security. (3) Qualifications of amicus curiae (A) Expertise Individuals designated under paragraph (1) shall be persons who possess expertise in pri- vacy and civil liberties, intelligence collec- tion, communications technology, or any other area that may lend legal or technical expertise to a court established under sub- section (a) or (b). (B) Security clearance Individuals designated pursuant to para- graph (1) shall be persons who are deter- mined to be eligible for access to classified information necessary to participate in mat- ters before the courts. Amicus curiae ap- pointed by the court pursuant to paragraph (2) shall be persons who are determined to be eligible for access to classified information, if such access is necessary to participate in the matters in which they may be appointed. (4) Duties If a court established under subsection (a) or (b) appoints an amicus curiae under paragraph (2), the amicus curiae shall— (A) be limited to addressing the specific issues identified by the court; and (B) provide to the court, as appropriate— (i) legal arguments that advance the pro- tection of individual privacy and civil lib- erties of United States persons; (ii) information related to intelligence collection or communications technology; or (iii) legal arguments or information re- garding any other area relevant to the issue presented to the court. (5) Assistance An amicus curiae appointed under paragraph (2)(A) may request that the court designate or Page 245 TITLE 50—WAR AND NATIONAL DEFENSE § 1803 appoint additional amici curiae pursuant to paragraph (1) or paragraph (2), to be available to assist the amicus curiae. (6) Access to information (A) In general If a court established under subsection (a) or (b) appoints an amicus curiae under para- graph (2), the amicus curiae— (i) shall have access to any legal prece- dent, application, certification, petition, motion, or such other materials that the court determines are relevant to the du- ties of the amicus curiae; and (ii) may, if the court determines that it is relevant to the duties of the amicus cu- riae, consult with any other individuals designated pursuant to paragraph (1) re- garding information relevant to any as- signed proceeding. (B) Briefings The Attorney General may periodically brief or provide relevant materials to indi- viduals designated pursuant to paragraph (1) regarding constructions and interpretations of this chapter and legal, technological, and other issues related to actions authorized by this chapter. (C) Classified information An amicus curiae designated or appointed by the court may have access to classified documents, information, and other mate- rials or proceedings only if that individual is eligible for access to classified information and to the extent consistent with the na- tional security of the United States. (D) Rule of construction Nothing in this section shall be construed to require the Government to provide infor- mation to an amicus curiae appointed by the court that is privileged from disclosure. (7) Notification A presiding judge of a court established under subsection (a) or (b) shall notify the At- torney General of each exercise of the author- ity to appoint an individual to serve as amicus curiae under paragraph (2). (8) Assistance A court established under subsection (a) or (b) may request and receive (including on a nonreimbursable basis) the assistance of the executive branch in the implementation of this subsection. (9) Administration A court established under subsection (a) or (b) may provide for the designation, appoint- ment, removal, training, or other support for an individual designated to serve as amicus curiae under paragraph (1) or appointed to serve as amicus curiae under paragraph (2) in a manner that is not inconsistent with this subsection. (10) Receipt of information Nothing in this subsection shall limit the ability of a court established under subsection (a) or (b) to request or receive information or materials from, or otherwise communicate with, the Government or amicus curiae ap- pointed under paragraph (2) on an ex parte basis, nor limit any special or heightened obli- gation in any ex parte communication or pro- ceeding. (11) Compensation Notwithstanding any other provision of law, a court established under subsection (a) or (b) may compensate an amicus curiae appointed under paragraph (2) for assistance provided under such paragraph as the court considers appropriate and at such rate as the court con- siders appropriate. (j) Review of FISA court decisions Following issuance of an order under this chapter, a court established under subsection (a) shall certify for review to the court established under subsection (b) any question of law that may affect resolution of the matter in con- troversy that the court determines warrants such review because of a need for uniformity or because consideration by the court established under subsection (b) would serve the interests of justice. Upon certification of a question of law under this subsection, the court established under subsection (b) may give binding instruc- tions or require the entire record to be sent up for decision of the entire matter in controversy. (k) Review of FISA court of review decisions (1) Certification For purposes of section 1254(2) of title 28, the court of review established under subsection (b) shall be considered to be a court of appeals. (2) Amicus curiae briefing Upon certification of an application under paragraph (1), the Supreme Court of the United States may appoint an amicus curiae designated under subsection (i)(1), or any other person, to provide briefing or other as- sistance. (l) Designation of counsel for certain applica- tions To assist the court in the consideration of any application for an order pursuant to section 1804 of this title that targets a United States person, the presiding judge designated under subsection (a) shall designate one or more attorneys to re- view such applications, and provide a written analysis to the judge considering the applica- tion, of— (1) the sufficiency of the evidence used to make the probable cause determination under section 1805(a)(2) of this title; (2) any material weaknesses, flaws, or other concerns in the application; and (3) a recommendation as to the following, which the judge shall consider during a pro- ceeding on the application in which such at- torney is present, as appropriate— (A) that the application should be ap- proved, denied, or modified; (B) that the Government should supply ad- ditional information in connection with such application; or (C) that any requirements or conditions should be imposed on the Government for the approval of such application. Page 246 TITLE 50—WAR AND NATIONAL DEFENSE § 1803 (m) Removal or suspension of Federal officers for misconduct before courts An officer or employee of the United States Government who engages in intentional mis- conduct with respect to proceedings before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Re- view shall be subject to appropriate adverse ac- tions, including, at minimum, suspension with- out pay or removal, up to and including termi- nation. (Pub. L. 95–511, title I, § 103, Oct. 25, 1978, 92 Stat. 1788; Pub. L. 107–56, title II, § 208, Oct. 26, 2001, 115 Stat. 283; Pub. L. 108–458, title I, § 1071(e), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 109–177, title I, §§ 106(f)(1), 109(d), Mar. 9, 2006, 120 Stat. 197, 205; Pub. L. 110–55, § 5(a), Aug. 5, 2007, 121 Stat. 556; Pub. L. 110–261, title I, § 109(a)–(b)(2)(A), (c), (d), title IV, § 403(a)(1)(B)(ii), July 10, 2008, 122 Stat. 2464, 2465, 2474; Pub. L. 111–259, title VIII, §§ 801(2), 806(a)(2), Oct. 7, 2010, 124 Stat. 2746, 2748; Pub. L. 114–23, title IV, § 401, June 2, 2015, 129 Stat. 279; Pub. L. 115–118, title I, §§ 101(b)(2)(A), 106, title II, § 205(a)(1), (b)(1), Jan. 19, 2018, 132 Stat. 8, 13, 21, 22; Pub. L. 118–49, §§ 5(b), (c), 8(a), 17(a), Apr. 20, 2024, 138 Stat. 868, 869, 874, 884.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b), (c), (f), (g)(1), (h), (i)(6)(B), and (j), was in the original ‘‘this Act’’, meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, 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 section 1801 of this title and Tables. Section 1861(f) of this title, referred to in subsecs. (a)(2)(A) and (e), means section 1861(f) of this title prior to the amendment of section 1861 by Pub. L. 109–177, title I, § 102(b), Mar. 9, 2006, 120 Stat. 195, set out as an Effective Date of 2006 Amendment note under section 1805 of this title, which amended section 1861 of this title, effective Mar. 15, 2020, so that such section read as it read on Oct. 25, 2001, with certain exceptions. AMENDMENTS 2024—Subsec. (c). Pub. L. 118–49, § 8(a), inserted ‘‘, and hearings shall be transcribed’’ after ‘‘as expeditiously as possible’’, ‘‘, transcriptions of hearings,’’ after ‘‘ap- plications made’’, and ‘‘Transcriptions and any related records, including testimony and affidavits, shall be stored in a file associated with the relevant application or order.’’ at end. Subsec. (i)(2). Pub. L. 118–49, § 5(b)(1)(A), (B), (D), des- ignated introductory provisions as subpar. (A), inserted heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpars. (B) and (C). Subsec. (i)(2)(A)(i). Pub. L. 118–49, § 5(b)(1)(C)(i)(I), substituted ‘‘appoint one or more individuals who have’’ for ‘‘appoint an individual who has’’. Subsec. (i)(2)(A)(ii). Pub. L. 118–49, § 5(b)(1)(C)(ii)(I), substituted ‘‘appoint one or more individuals or organi- zations’’ for ‘‘appoint an individual or organization’’. Subsec. (i)(2)(A)(iii). Pub. L. 118–49, § 5(b)(1)(C)(i)(II), (ii)(II), (iii), added cl. (iii). Subsec. (i)(4). Pub. L. 118–49, § 5(b)(2)(C), (D), added subpars. (A) and (B) and redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (B). Pub. L. 118–49, § 5(b)(2)(A), (B), in introductory provi- sions, substituted ‘‘paragraph (2)’’ for ‘‘paragraph (2)(A)’’ and struck out ‘‘provide to the court, as appro- priate’’ after ‘‘shall’’. Subsec. (i)(4)(B)(i). Pub. L. 118–49, § 5(b)(2)(E), inserted ‘‘of United States persons’’ after ‘‘civil liberties’’. Subsec. (l). Pub. L. 118–49, § 5(c), added subsec. (l). Subsec. (m). Pub. L. 118–49, § 17(a), added subsec. (m). 2018—Subsec. (a)(2)(A). Pub. L. 115–118, § 101(b)(2)(A), substituted ‘‘section 1881a(i)’’ for ‘‘section 1881a(h)’’. Subsec. (b). Pub. L. 115–118, § 205(b)(1)(A), struck out ‘‘immediately’’ before ‘‘provide for the record’’. Pub. L. 115–118, § 205(a)(1), which directed substitution of ‘‘designated as the’’ for ‘‘designate as the’’, could not be executed because the words ‘‘designate as the’’ do not appear. Subsec. (e)(1), (2). Pub. L. 115–118, § 101(b)(2)(A), which directed substitution of ‘‘section 1881a(i)’’ for ‘‘section 1881a(h)’’, was executed by substituting ‘‘1881a(i)(4)’’ for ‘‘1881a(h)(4)’’ to reflect the probable intent of Congress. Subsec. (h). Pub. L. 115–118, § 205(b)(1)(B), substituted ‘‘a court established under this section’’ for ‘‘the court established under subsection (a)’’. Subsec. (i)(11). Pub. L. 115–118, § 106, added par. (11). 2015—Subsecs. (i) to (k). Pub. L. 114–23 added subsecs. (i) to (k). 2010—Subsec. (c). Pub. L. 111–259, § 806(a)(2), made technical amendment to directory language of Pub. L. 108–458. See 2004 Amendment note below. Subsecs. (h), (i). Pub. L. 111–259, § 801(2), redesignated subsec. (i) as (h). 2008—Subsec. (a). Pub. L. 110–261, § 109(a)–(b)(2)(A), designated existing provisions as par. (1), inserted ‘‘at least’’ before ‘‘seven of the United States judicial cir- cuits’’ and ‘‘(except when sitting en banc under para- graph (2))’’ before ‘‘shall hear’’, and added par. (2). Subsec. (e)(1), (2). Pub. L. 110–261, § 403(a)(1)(B)(ii), which directed substitution of ‘‘1861(f)(1) or 1881a(h)(4)’’ for ‘‘1805b(h) or 1861(f)(1)’’, was executed by making the substitution for ‘‘1861(f)(1)’’ to reflect the probable in- tent of Congress and termination of the temporary amendment by Pub. L. 110–55, § 5(a). See 2007 Amend- ment note and Effective and Termination Dates of 2007 Amendment note below. Subsecs. (f), (g). Pub. L. 110–261, § 109(c), added subsec. (f) and redesignated former subsec. (f) as (g). Subsec. (i). Pub. L. 110–261, § 109(d), added subsec. (i). 2007—Subsec. (e). Pub. L. 110–55, §§ 5(a), 6(c), tempo- rarily substituted ‘‘1805b(h) or 1861(f)(1)’’ for ‘‘1861(f)(1)’’ in pars. (1) and (2). See Effective and Termination Dates of 2007 Amendment note below. 2006—Subsecs. (e), (f). Pub. L. 109–177 added subsecs. (e) and (f). 2004—Subsec. (c). Pub. L. 108–458, as amended by Pub. L. 111–259, § 806(a)(2), substituted ‘‘Director of National Intelligence’’ for ‘‘Director of Central Intelligence’’. 2001—Subsec. (a). Pub. L. 107–56 substituted ‘‘11 dis- trict 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 ‘‘ju- dicial circuits’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under sec- tion 1801 of this title. EFFECTIVE AND TERMINATION DATES OF 2007 AMENDMENT Pub. L. 110–55, § 6, Aug. 5, 2007, 121 Stat. 556, as amend- ed by Pub. L. 110–182, § 1, Jan. 31, 2008, 122 Stat. 605; Pub. L. 110–261, title IV, § 403(a)(3), July 10, 2008, 122 Stat. 2474, provided that: ‘‘(a) EFFECTIVE DATE.—Except as otherwise provided, the amendments made by this Act [enacting sections 1805a to 1805c of this title and amending this section] shall take effect immediately after the date of the en- actment of this Act [Aug. 5, 2007]. Page 247 TITLE 50—WAR AND NATIONAL DEFENSE § 1804 1 So in original. The word ‘‘and’’ probably should not appear. ‘‘[(b) Repealed. Pub. L. 110–261, title IV, § 403(a)(3), July 10, 2008, 122 Stat. 2474.] ‘‘(c) SUNSET.—Except as provided in subsection (d), sections 2, 3, 4, and 5 of this Act [enacting sections 1805a to 1805c of this title and amending this section], and the amendments made by this Act [enacting sec- tions 1805a to 1805c of this title and amending this sec- tion], shall cease to have effect 195 days after the date of the enactment of this Act. ‘‘(d) AUTHORIZATIONS IN EFFECT.—Authorizations for the acquisition of foreign intelligence information pur- suant to the amendments made by this Act, and direc- tives issued pursuant to such authorizations, shall re- main in effect until their expiration. Such acquisitions shall be governed by the applicable provisions of such amendments and shall not be deemed to constitute electronic surveillance as that term is defined in sec- tion 101(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(f)).’’ [Repeal by Pub. L. 110–261 of section 6(b) of Pub. L. 110–55, set out above, effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Ef- fective Date of 2008 Amendment note under section 1801 of this title.] EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 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 3001 of this title. MEMBER ACCESS TO THE FOREIGN INTELLIGENCE SUR- VEILLANCE COURT AND FOREIGN INTELLIGENCE SUR- VEILLANCE COURT OF REVIEW Pub. L. 118–49, § 5(d), Apr. 20, 2024, 138 Stat. 870, pro- vided that: ‘‘The chair and ranking minority member of each of the congressional intelligence committees, the chairs and ranking members of the Committees on the Judiciary of the House of Representatives and of the Senate, the Majority and Minority Leaders of the Sen- ate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall be entitled to attend any proceeding of the For- eign Intelligence Surveillance Court or any proceeding of the Foreign Intelligence Surveillance Court of Re- view. Each person entitled to attend a proceeding pur- suant to this paragraph may designate not more than 2 staff members of such committee or office to attend on their behalf, pursuant to such procedures as the At- torney General, in consultation with the Director of National Intelligence may establish.’’ § 1804. Applications for court orders (a) Submission by Federal officer; approval of At- torney General; contents Each application for an order approving elec- tronic surveillance under this subchapter shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdic- tion under section 1803 of this title. Each appli- cation shall require the approval of the Attor- ney General based upon his finding that it satis- fies the criteria and requirements of such appli- cation 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 surveil- lance; (3) a sworn statement of the facts and cir- cumstances relied upon by the applicant to justify his belief that— (A) the target of the electronic surveil- lance is a foreign power or an agent of a for- eign power, and, in the case of a target that is a United States person alleged to be act- ing as an agent of a foreign power (as de- scribed in section 1801(b)(2)(B) of this title), that a violation of the criminal statutes of the United States as referred to in section 1801(b)(2)(B) of this title 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 for- eign power or an agent of a foreign power; (4) a statement of the proposed minimization procedures; (5) a description of the nature of the infor- mation sought and the type of communica- tions or activities to be subjected to the sur- veillance; (6) a certification or certifications by the Assistant to the President for National Secu- rity Affairs, an executive branch official or of- ficials 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, or the Deputy Di- rector of the Federal Bureau of Investigation, if designated by the President as a certifying official— (A) that the certifying official deems the information sought to be foreign intel- ligence information; (B) that a significant purpose of the sur- veillance is to obtain foreign intelligence in- formation; (C) that such information cannot reason- ably be obtained by normal investigative techniques; (D) that designates the type of foreign in- telligence information being sought accord- ing to the categories described in section 1801(e) of this title; (E) including a statement of the basis for the certification that— (i) the information sought is the type of foreign intelligence information des- ignated; and (ii) such information cannot reasonably be obtained by normal investigative tech- niques; and 1 (F) that none of the information included in the statement described in paragraph (3) was solely produced by, derived from infor- mation produced by, or obtained using the funds of, a political organization (as such term is defined in section 527 of title 26), un- less— (i) the political organization is clearly identified in the body of the statement de- scribed in paragraph (3);