Source
(Pub. L. 95–511, title I, § 105, Oct. 25, 1978, 92 Stat. 1790; Pub. L. 98–549, § 6(b)(3), Oct. 30, 1984, 98 Stat. 2804; Pub. L. 106–567, title VI, § 602(b), Dec. 27, 2000, 114 Stat. 2851; Pub. L. 107–56, title II, §§ 206,
207
(a)(1), (b)(1),
225, Oct. 26, 2001, 115 Stat. 282, 295; Pub. L. 107–108, title III, § 314(a)(2), (c)(1), Dec. 28, 2001, 115 Stat. 1402, 1403; Pub. L. 107–273, div. B, title IV, § 4005(c), Nov. 2, 2002, 116 Stat. 1812; Pub. L. 108–458, title I, § 1071(e), Dec. 17, 2004, 118 Stat. 3691.)
Amendment of Section
For termination of amendment by Pub. L. 107–56, see Effective and Termination Dates of 2001 Amendments note below.
Codification
As originally enacted,
Pub. L. 107–56, § 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, § 314(a)(2)(C), and
Pub. L. 107–273, § 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.
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, § 225. See 2001 Amendment notes below.
2001—Subsec. (c)(1)(B).
Pub. L. 107–108, § 314(a)(2)(A), inserted “, if known” before semicolon at end.
Subsec. (c)(2)(B).
Pub. L. 107–56, §§ 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, §§ 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, §§ 207(b)(1),
224, as amended by
Pub. L. 107–108, § 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, § 314(a)(2)(B), substituted “72 hours” for “twenty-four hours” in two places in concluding provisions.
Subsec. (h).
Pub. L. 107–108, § 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, § 314(a)(2)(D), inserted “for electronic surveillance or physical search” before period at end.
Pub. L. 107–108, § 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, §§ 224,
225, as amended by
Pub. L. 107–273, § 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, § 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, § 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, § 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, § 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, § 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.