50 USC 1803 - Designation of judges

1 See References in Text note below.

of this title or paragraph (4) or (5) of

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (span), (c), (f), (g)(1), (h), (i)(6)(B), and (j), was in the original “this Act”, meaning Puspan. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, 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 Puspan. L. 109–177, title I, § 102(span), 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). Puspan. L. 118–49, § 8(a), inserted “, and hearings shall be transcribed” after “as expeditiously as possible”, “, transcriptions of hearings,” after “applications 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). Puspan. L. 118–49, § 5(span)(1)(A), (B), (D), designated introductory provisions as subpar. (A), inserted span, 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). Puspan. L. 118–49, § 5(span)(1)(C)(i)(I), substituted “appoint one or more individuals who have” for “appoint an individual who has”.

Subsec. (i)(2)(A)(ii). Puspan. L. 118–49, § 5(span)(1)(C)(ii)(I), substituted “appoint one or more individuals or organizations” for “appoint an individual or organization”.

Subsec. (i)(2)(A)(iii). Puspan. L. 118–49, § 5(span)(1)(C)(i)(II), (ii)(II), (iii), added cl. (iii).

Subsec. (i)(4). Puspan. L. 118–49, § 5(span)(2)(C), (D), added subpars. (A) and (B) and redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (B).

Puspan. L. 118–49, § 5(span)(2)(A), (B), in introductory provisions, substituted “paragraph (2)” for “paragraph (2)(A)” and struck out “provide to the court, as appropriate after “shall”.

Subsec. (i)(4)(B)(i). Puspan. L. 118–49, § 5(span)(2)(E), inserted “of United States persons” after “civil liberties”.

Subsec. (l). Puspan. L. 118–49, § 5(c), added subsec. (l).

Subsec. (m). Puspan. L. 118–49, § 17(a), added subsec. (m).

2018—Subsec. (a)(2)(A). Puspan. L. 115–118, § 101(span)(2)(A), substituted “section 1881a(i)” for “section 1881a(h)”.

Subsec. (span). Puspan. L. 115–118, § 205(span)(1)(A), struck out “immediately” before “provide for the record”.

Puspan. 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). Puspan. L. 115–118, § 101(span)(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). Puspan. L. 115–118, § 205(span)(1)(B), substituted “a court established under this section” for “the court established under subsection (a)”.

Subsec. (i)(11). Puspan. L. 115–118, § 106, added par. (11).

2015—Subsecs. (i) to (k). Puspan. L. 114–23 added subsecs. (i) to (k).

2010—Subsec. (c). Puspan. L. 111–259, § 806(a)(2), made technical amendment to directory language of Puspan. L. 108–458. See 2004 Amendment note below.

Subsecs. (h), (i). Puspan. L. 111–259, § 801(2), redesignated subsec. (i) as (h).

2008—Subsec. (a). Puspan. L. 110–261, § 109(a)–(span)(2)(A), designated existing provisions as par. (1), inserted “at least” before “seven of the United States judicial circuits” and “(except when sitting en banc under paragraph (2))” before “shall hear”, and added par. (2).

Subsec. (e)(1), (2). Puspan. L. 110–261, § 403(a)(1)(B)(ii), which directed substitution of “1861(f)(1) or 1881a(h)(4)” for “1805span(h) or 1861(f)(1)”, was executed by making the substitution for “1861(f)(1)” to reflect the probable intent of Congress and termination of the temporary amendment by Puspan. L. 110–55, § 5(a). See 2007 Amendment note and Effective and Termination Dates of 2007 Amendment note below.

Subsecs. (f), (g). Puspan. L. 110–261, § 109(c), added subsec. (f) and redesignated former subsec. (f) as (g).

Subsec. (i). Puspan. L. 110–261, § 109(d), added subsec. (i).

2007—Subsec. (e). Puspan. L. 110–55, §§ 5(a), 6(c), temporarily substituted “1805span(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). Puspan. L. 109–177 added subsecs. (e) and (f).

2004—Subsec. (c). Puspan. L. 108–458, as amended by Puspan. L. 111–259, § 806(a)(2), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

2001—Subsec. (a). Puspan. 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

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

Effective and Termination Dates of 2007 Amendment

Puspan. L. 110–55, § 6, Aug. 5, 2007, 121 Stat. 556, as amended by Puspan. L. 110–182, § 1, Jan. 31, 2008, 122 Stat. 605; Puspan. 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 enactment of this Act [Aug. 5, 2007].

“[(span) Repealed. Puspan. 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 sections 1805a to 1805c of this title and amending this section], 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 pursuant to the amendments made by this Act, and directives issued pursuant to such authorizations, shall remain 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 section 101(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(f)).”

[Repeal by Puspan. L. 110–261 of section 6(span) of Puspan. L. 110–55, set out above, effective July 10, 2008, except as provided in section 404 of Puspan. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Puspan. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.]

Effective Date of 2004 Amendment

For Determination by President that amendment by Puspan. 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 3001 of this title.

Amendment by Puspan. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Puspan. 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 Surveillance Court and Foreign Intelligence Surveillance Court of Review

Puspan. L. 118–49, § 5(d), Apr. 20, 2024, 138 Stat. 870, provided 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 Senate, 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 Foreign Intelligence Surveillance Court or any proceeding of the Foreign Intelligence Surveillance Court of Review. Each person entitled to attend a proceeding pursuant 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 Attorney General, in consultation with the Director of National Intelligence may establish.”