1 So in original. The word “and” probably should not appear.
2 So in original. The period probably should be “; and”.
Editorial Notes
Amendments

2024—Subsec. (a)(3). Puspan. L. 118–49, § 6(a)(1), substituted “a sworn statement of” for “a statement of” in introductory provisions.

Subsec. (a)(3)(A). Puspan. L. 118–49, § 6(f)(1), inserted before semicolon at end “, 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(span)(2)(B) of this title), that a violation of the criminal statutes of the United States as referred to in section 1801(span)(2)(B) of this title has occurred or is about to occur”.

Subsec. (a)(6)(F). Puspan. L. 118–49, § 6(span)(1), added subpar. (F).

Subsec. (a)(6)(G). Puspan. L. 118–49, § 6(c)(1), added subpar. (G).

Subsec. (a)(10). Puspan. L. 118–49, § 6(d)(1), added par. (10).

Subsec. (a)(11). Puspan. L. 118–49, § 6(e)(1), added par. (11).

Subsec. (a)(12). Puspan. L. 118–49, § 10(a)(1), added par. (12).

Subsec. (a)(13). Puspan. L. 118–49, § 10(span)(1), added par. (13).

2010—Subsec. (e)(1)(A). Puspan. L. 111–259 made technical amendment to directory language of Puspan. L. 108–458, § 1071(e). See 2004 Amendment note below.

2008—Subsec. (a)(2) to (4). Puspan. L. 110–261, § 104(1)(A), (B), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “the authority conferred on the Attorney General by the President of the United States and the approval of the Attorney General to make the application;”.

Subsec. (a)(5). Puspan. L. 110–261, § 104(1)(B), (C), redesignated par. (6) as (5) and struck out “detailed” before “description”. Former par. (5) redesignated (4).

Subsec. (a)(6). Puspan. L. 110–261, § 104(1)(B), (D), redesignated par. (7) as (6) and substituted “Affairs,” for “Affairs or” and “Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official—” for “Senate—” in introductory provisions. Former par. (6) redesignated (5).

Subsec. (a)(7). Puspan. L. 110–261, § 104(1)(B), (E), redesignated par. (8) as (7) and substituted “summary statement of” for “statement of”. Former par. (7) redesignated (6).

Subsec. (a)(8) to (11). Puspan. L. 110–261, § 104(1)(A), (B), redesignated pars. (9) and (10) as (8) and (9), respectively, and struck out par. (11) which read as follows: “whenever more than one electronic, mechanical or other surveillance device is to be used with respect to a particular proposed electronic surveillance, the coverage of the devices involved and what minimization procedures apply to information acquired by each device.” Former par. (8) redesignated (7).

Subsecs. (span) to (e). Puspan. L. 110–261, § 104(2)–(4), redesignated subsecs. (c) to (e) as (span) to (d), respectively, in subsec. (d)(1)(A) substituted “the Director of National Intelligence, or the Director of the Central Intelligence Agency” for “or the Director of National Intelligence”, and struck out former subsec. (span) which related to exclusion of certain information respecting foreign power targets.

2006—Subsec. (a)(3). Puspan. L. 109–177 inserted “specific” before “target”.

2004—Subsec. (e)(1)(A). Puspan. L. 108–458, § 1071(e), as amended by Puspan. L. 111–259, substituted “Director of National Intelligence” for “Director of Central Intelligence”.

2001—Subsec. (a)(7)(B). Puspan. L. 107–56 substituted “a significant purpose” for “the purpose”.

2000—Subsec. (e). Puspan. L. 106–567 added subsec. (e).

Statutory Notes and Related Subsidiaries
Effective Date of 2024 Amendment

Puspan. L. 118–49, § 6(a)(5), Apr. 20, 2024, 138 Stat. 870, provided that:

“The amendments made by this subsection [amending this section and sections 1823, 1881span, and 1881c of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024].”

Puspan. L. 118–49, § 6(span)(3), Apr. 20, 2024, 138 Stat. 871, provided that:

“The amendments made by this subsection [amending this section and section 1823 of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024].”

Puspan. L. 118–49, § 6(c)(3), Apr. 20, 2024, 138 Stat. 872, provided that:

“The amendments made by this subsection [amending this section and section 1823 of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024].”

Puspan. L. 118–49, § 6(d)(2), Apr. 20, 2024, 138 Stat. 872, provided that:

“The amendments made by this subsection [amending this section] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024].”

Puspan. L. 118–49, § 6(e)(3), Apr. 20, 2024, 138 Stat. 873, provided that:

“The amendments made by this subsection [amending this section and section 1823 of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024].”

Puspan. L. 118–49, § 6(f)(3), Apr. 20, 2024, 138 Stat. 873, provided that:

“The amendments made by this subsection [amending this section and section 1823 of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024].”

Puspan. L. 118–49, § 10(a)(6), Apr. 20, 2024, 138 Stat. 877, provided that:

“The amendments made by this subsection [amending this section and sections 1823, 1842, 1862, 1881span, and 1881c of this title] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024].”

Puspan. L. 118–49, § 10(span)(6), Apr. 20, 2024, 138 Stat. 878, provided that:

“The amendments made by this subsection [amending this section and sections 1823, 1842, 1862, 1881span, and 1881c] shall apply with respect to applications made on or after the date that is 120 days after the date of enactment of this Act [Apr. 20, 2024].”

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 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.

Accuracy Procedures

Puspan. L. 118–49, § 10(a)(7), Apr. 20, 2024, 138 Stat. 877, provided that:

“Not later than 180 days after the date of the enactment of this Act [Apr. 20, 2024], the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, shall issue procedures governing the review of case files, as appropriate, to ensure that applications to the Foreign Intelligence Surveillance Court under title I or III of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.[, 1821 et seq.]) that target United States persons are accurate and complete.”

Executive Documents
Designation of Certain Officials To Make Certifications

For designation of certain officials to make certifications required by subsec. (a)(7) of this section, see Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, set out under section 1802 of this title.