50 U.S.C. § 1801 — Definitions

Page 235 TITLE 50—WAR AND NATIONAL DEFENSE § 1801 Sec. 1809. Criminal sanctions. 1810. Civil liability. 1810a. Reporting requirements for civil actions. 1811. Authorization during time of war. 1812. Statement of exclusive means by which elec- tronic surveillance and interception of cer- tain communications may be conducted. 1813. Procedures for the retention of incidentally acquired communications. SUBCHAPTER II—PHYSICAL SEARCHES 1821. Definitions. 1822. Authorization of physical searches for foreign intelligence purposes. 1823. Application for order. 1824. Issuance of order. 1825. Use of information. 1826. Congressional oversight. 1827. Penalties. 1828. Civil liability. 1829. Authorization during time of war. SUBCHAPTER III—PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN INTEL- LIGENCE PURPOSES 1841. Definitions. 1842. Pen registers and trap and trace devices for foreign intelligence and international ter- rorism investigations. 1843. Authorization during emergencies. 1844. Authorization during time of war. 1845. Use of information. 1846. Congressional oversight. SUBCHAPTER IV—ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE PUR- POSES 1861. Definitions. 1862. Access to certain business records for foreign intelligence and international terrorism in- vestigations. 1863. Congressional oversight. 1864. Notification of changes to retention of call detail record policies. SUBCHAPTER V—OVERSIGHT 1871. Semiannual report of the Attorney General. 1872. Declassification of significant decisions, or- ders, and opinions. 1873. Annual reports. 1874. Public reporting by persons subject to orders. SUBCHAPTER VI—ADDITIONAL PROCEDURES RE- GARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES 1881. Definitions. 1881a. Procedures for targeting certain persons out- side the United States other than United States persons. 1881b. Certain acquisitions inside the United States targeting United States persons outside the United States. 1881c. Other acquisitions targeting United States persons outside the United States. 1881d. Joint applications and concurrent authoriza- tions. 1881e. Use of information acquired under this sub- chapter. 1881f. Congressional oversight. 1881g. Savings provision. 1881h. Penalties for unauthorized disclosure. SUBCHAPTER VII—PROTECTION OF PERSONS ASSISTING THE GOVERNMENT 1885. Definitions. 1885a. Procedures for implementing statutory de- fenses. 1885b. Preemption. 1885c. Reporting. SUBCHAPTER I—ELECTRONIC SURVEILLANCE § 1801. Definitions As used in this subchapter: (a) ‘‘Foreign power’’ means— (1) a foreign government or any component thereof, whether or not recognized by the United States; (2) a faction of a foreign nation or nations, not substantially composed of United States persons; (3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments; (4) a group engaged in international ter- rorism or activities in preparation therefor; (5) a foreign-based political organization, not substantially composed of United States persons; (6) an entity that is directed and con- trolled by a foreign government or govern- ments; or (7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction. (b) ‘‘Agent of a foreign power’’ means— (1) any person other than a United States person, who— (A) acts in the United States as an offi- cer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States; (B) acts for or on behalf of a foreign power which engages in clandestine intel- ligence activities in the United States con- trary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activi- ties or knowingly conspires with any per- son to engage in such activities; (C) Omitted (D) engages in the international pro- liferation of weapons of mass destruction, or activities in preparation therefor; or (E) engages in the international pro- liferation of weapons of mass destruction, or activities in preparation therefor, for or on behalf of a foreign power, or knowingly aids or abets any person in the conduct of such proliferation or activities in prepara- tion therefor, or knowingly conspires with any person to engage in such proliferation or activities in preparation therefor; or (2) any person who— (A) knowingly engages in clandestine in- telligence gathering activities for or on be- half of a foreign power, which activities in- volve or may involve a violation of the criminal statutes of the United States; (B) pursuant to the direction of an intel- ligence service or network of a foreign power, knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power, which ac- Page 236 TITLE 50—WAR AND NATIONAL DEFENSE § 1801 tivities involve or are about to involve a violation of the criminal statutes of the United States; (C) knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on be- half of a foreign power; (D) knowingly enters the United States under a false or fraudulent identity for or on behalf of a foreign power or, while in the United States, knowingly assumes a false or fraudulent identity for or on be- half of a foreign power; or (E) knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in ac- tivities described in subparagraph (A), (B), or (C). (c) ‘‘International terrorism’’ means activi- ties that— (1) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or any State; (2) appear to be intended— (A) to intimidate or coerce a civilian population; (B) to influence the policy of a govern- ment by intimidation or coercion; or (C) to affect the conduct of a government by assassination or kidnapping; and (3) occur totally outside the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum. (d) ‘‘Sabotage’’ means activities that involve a violation of chapter 105 of title 18, or that would involve such a violation if committed against the United States. (e) ‘‘Foreign intelligence information’’ means— (1) information that relates to, and if con- cerning a United States person is necessary to, the ability of the United States to pro- tect against— (A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; (B) sabotage, international terrorism, or the international proliferation of weapons of mass destruction by a foreign power or an agent of a foreign power; (C) clandestine intelligence activities by an intelligence service or network of a for- eign power or by an agent of a foreign power; or (D) international production, distribu- tion, or financing of illicit synthetic drugs, opioids, cocaine, or other drugs driving overdose deaths, or precursors of any aforementioned; or (2) information with respect to a foreign power or foreign territory that relates to, and if concerning a United States person is necessary to— (A) the national defense or the security of the United States; or (B) the conduct of the foreign affairs of the United States. (f) ‘‘Electronic surveillance’’ means— (1) the acquisition by an electronic, me- chanical, or other surveillance device of the contents of any wire or radio communica- tion sent by or intended to be received by a particular, known United States person who is in the United States, if the contents are acquired by intentionally targeting that United States person, under circumstances in which a person has a reasonable expecta- tion of privacy and a warrant would be re- quired for law enforcement purposes; (2) the acquisition by an electronic, me- chanical, or other surveillance device of the contents of any wire communication to or from a person in the United States, without the consent of any party thereto, if such ac- quisition occurs in the United States, but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511(2)(i) of title 18; (3) the intentional acquisition by an elec- tronic, mechanical, or other surveillance de- vice of the contents of any radio commu- nication, under circumstances in which a person has a reasonable expectation of pri- vacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are lo- cated within the United States; or (4) the installation or use of an electronic, mechanical, or other surveillance device in the United States for monitoring to acquire information, other than from a wire or radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes. (g) ‘‘Attorney General’’ means the Attorney General of the United States (or Acting Attor- ney General), the Deputy Attorney General, or, upon the designation of the Attorney Gen- eral, the Assistant Attorney General des- ignated as the Assistant Attorney General for National Security under section 507A of title 28. (h) ‘‘Minimization procedures’’, with respect to electronic surveillance, means— (1) specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purpose and technique of the particular surveillance, to minimize the acquisition and retention, and prohibit the dissemination, of nonpub- licly available information concerning unconsenting United States persons con- sistent with the need of the United States to obtain, produce, and disseminate foreign in- telligence information; (2) procedures that require that nonpub- licly available information, which is not for- eign intelligence information, as defined in subsection (e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s con- Page 237 TITLE 50—WAR AND NATIONAL DEFENSE § 1801 sent, unless such person’s identity is nec- essary to understand foreign intelligence in- formation or assess its importance; (3) notwithstanding paragraphs (1) and (2), procedures that allow for the retention and dissemination of information that is evi- dence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforce- ment purposes; and (4) notwithstanding paragraphs (1), (2), and (3), with respect to any electronic surveil- lance approved pursuant to section 1802(a) of this title, procedures that require that no contents of any communication to which a United States person is a party shall be dis- closed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under section 1805 of this title is obtained or unless the Attorney General de- termines that the information indicates a threat of death or serious bodily harm to any person. (i) ‘‘United States person’’ means a citizen of the United States, an alien lawfully admitted for permanent residence (as defined in section 1101(a)(20) of title 8), an unincorporated asso- ciation a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent resi- dence, or a corporation which is incorporated in the United States, but does not include a corporation or an association which is a for- eign power, as defined in subsection (a)(1), (2), or (3). (j) ‘‘United States’’, when used in a geo- graphic sense, means all areas under the terri- torial sovereignty of the United States and the Trust Territory of the Pacific Islands. (k) ‘‘Aggrieved person’’ means a person who is the target of an electronic surveillance or any other person whose communications or activities were subject to electronic surveil- lance. (l) ‘‘Wire communication’’ means any com- munication while it is being carried by a wire, cable, or other like connection furnished or operated by any person engaged as a common carrier in providing or operating such facili- ties for the transmission of interstate or for- eign communications. (m) ‘‘Person’’ means any individual, includ- ing any officer or employee of the Federal Government, or any group, entity, association, corporation, or foreign power. (n) ‘‘Contents’’, when used with respect to a communication, includes any information con- cerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication. (o) ‘‘State’’ means any State of the United States, the District of Columbia, the Common- wealth of Puerto Rico, the Trust Territory of the Pacific Islands, and any territory or pos- session of the United States. (p) ‘‘Weapon of mass destruction’’ means— (1) any explosive, incendiary, or poison gas device that is designed, intended, or has the capability to cause a mass casualty incident; (2) any weapon that is designed, intended, or has the capability to cause death or seri- ous bodily injury to a significant number of persons through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors; (3) any weapon involving a biological agent, toxin, or vector (as such terms are de- fined in section 178 of title 18) that is de- signed, intended, or has the capability to cause death, illness, or serious bodily injury to a significant number of persons; or (4) any weapon that is designed, intended, or has the capability to release radiation or radioactivity causing death, illness, or seri- ous bodily injury to a significant number of persons. (Pub. L. 95–511, title I, § 101, Oct. 25, 1978, 92 Stat. 1783; Pub. L. 106–120, title VI, § 601, Dec. 3, 1999, 113 Stat. 1619; Pub. L. 107–56, title X, § 1003, Oct. 26, 2001, 115 Stat. 392; Pub. L. 107–108, title III, § 314(a)(1), (c)(2), Dec. 28, 2001, 115 Stat. 1402, 1403; Pub. L. 108–458, title VI, § 6001(a), Dec. 17, 2004, 118 Stat. 3742; Pub. L. 109–177, title V, § 506(a)(5), Mar. 9, 2006, 120 Stat. 248; Pub. L. 110–261, title I, § 110(a), July 10, 2008, 122 Stat. 2465; Pub. L. 111–259, title VIII, § 801(1), Oct. 7, 2010, 124 Stat. 2746; Pub. L. 114–23, title VII, §§ 702, 703, June 2, 2015, 129 Stat. 300; Pub. L. 118–49, § 23, Apr. 20, 2024, 138 Stat. 893.) Editorial Notes AMENDMENTS 2024—Subsec. (e)(1)(D). Pub. L. 118–49 added subpar. (D). 2015—Subsec. (b)(1)(A). Pub. L. 114–23, § 702(1), inserted ‘‘, irrespective of whether the person is inside the United States’’ before semicolon at end. Subsec. (b)(1)(B). Pub. L. 114–23, § 702(2), struck out ‘‘of such person’s presence in the United States’’ after ‘‘circumstances’’ and substituted ‘‘may engage in such activities’’ for ‘‘may engage in such activities in the United States’’. Subsec. (b)(1)(E). Pub. L. 114–23, § 703, added subpar. (E) and struck out former subpar. (E) which read as fol- lows: ‘‘engages in the international proliferation of weapons of mass destruction, or activities in prepara- tion therefor for or on behalf of a foreign power; or’’. 2010—Subsecs. (a)(7) to (p). Pub. L. 111–259 realigned margins. 2008—Subsec. (a)(7). Pub. L. 110–261, § 110(a)(1), added par. (7). Subsec. (b)(1)(D), (E). Pub. L. 110–261, § 110(a)(2), added subpars. (D) and (E). Subsec. (e)(1)(B). Pub. L. 110–261, § 110(a)(3), sub- stituted ‘‘sabotage, international terrorism, or the international proliferation of weapons of mass destruc- tion’’ for ‘‘sabotage or international terrorism’’. Subsec. (p). Pub. L. 110–261, § 110(a)(4), added subsec. (p). 2006—Subsec. (g). Pub. L. 109–177 substituted ‘‘, the Deputy Attorney General, or, upon the designation of the Attorney General, the Assistant Attorney General designated as the Assistant Attorney General for Na- tional Security under section 507A of title 28’’ for ‘‘or the Deputy Attorney General’’. 2004—Subsec. (b)(1)(C). Pub. L. 108–458, § 6001, tempo- rarily added subpar. (C) which read as follows: ‘‘engages in international terrorism or activities in preparation therefore;’’. See Termination Date of 2004 Amendment note below. 2001—Subsec. (f)(2). Pub. L. 107–56, § 1003, as amended by Pub. L. 107–108, § 314(c)(2), inserted ‘‘, but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511(2)(i) of title 18’’ before semicolon at end. Page 238 TITLE 50—WAR AND NATIONAL DEFENSE § 1801 Subsec. (h)(4). Pub. L. 107–108, § 314(a)(1), substituted ‘‘72 hours’’ for ‘‘twenty-four hours’’. 1999—Subsec. (b)(2)(D), (E). Pub. L. 106–120 added sub- par. (D) and redesignated former subpar. (D) as (E). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–261, title IV, § 402, July 10, 2008, 122 Stat. 2473, provided that: ‘‘Except as provided in section 404 [set out as a note under this section], the amendments made by this Act [see Short Title of 2008 Amendment note below] shall take effect on the date of the enact- ment of this Act [July 10, 2008].’’ TERMINATION DATE OF 2004 AMENDMENT Pub. L. 108–458, title VI, § 6001(b), Dec. 17, 2004, 118 Stat. 3742, as amended by Pub. L. 109–177, title I, § 103, Mar. 9, 2006, 120 Stat. 195; Pub. L. 111–118, div. B, § 1004(b), Dec. 19, 2009, 123 Stat. 3470; Pub. L. 111–141, § 1(b), Feb. 27, 2010, 124 Stat. 37; Pub. L. 112–3, § 2(b), Feb. 25, 2011, 125 Stat. 5; Pub. L. 112–14, § 2(b), May 26, 2011, 125 Stat. 216; Pub. L. 114–23, title VII, § 705(b), June 2, 2015, 129 Stat. 300; Pub. L. 116–69, div. B, title VII, § 1703(b), Nov. 21, 2019, 133 Stat. 1143, provided that: ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the amendment made by subsection (a) [amending this section] shall cease to have effect on March 15, 2020. ‘‘(2) EXCEPTION.—With respect to any particular for- eign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any par- ticular offense or potential offense that began or oc- curred before the date on which the provisions cease to have effect, such provisions shall continue in effect.’’ [Pub. L. 114–23, § 705(b), which delayed the June 1, 2015, termination of the amendment made by section 6001(a) of Pub. L. 108–458 by substituting ‘‘December 15, 2019’’ for ‘‘June 1, 2015’’ in section 6001(b)(1) of Pub. L. 108–458, set out above, was given effect in this section to reflect the probable intent of Congress, notwith- standing that Pub. L. 114–23 was enacted on June 2, 2015.] EFFECTIVE DATE OF 2001 AMENDMENT 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)(2) of Pub. L. 107–108 is effective as of Oct. 26, 2001, and as if included in Pub. L. 107–56 as originally enacted. EFFECTIVE DATE; EXCEPTION Pub. L. 95–511, title VII, § 701, formerly title III, § 301, Oct. 25, 1978, 92 Stat. 1798, as renumbered title IV, § 401, and amended by Pub. L. 103–359, title VIII, § 807(a)(1), (2), Oct. 14, 1994, 108 Stat. 3443; renumbered title VI, § 601, and amended Pub. L. 105–272, title VI, §§ 601(1), 603(a), Oct. 20, 1998, 112 Stat. 2404, 2412; renumbered title VII, § 701, Pub. L. 108–458, title VI, § 6002(a)(1), Dec. 17, 2004, 118 Stat. 3743, which provided that the provisions of this Act [enacting this chapter, amending sections 2511, 2518, and 2519 of Title 18, Crimes and Criminal Pro- cedure, and enacting provisions set out as a note below] (other than titles III, IV, and V [enacting subchapters II, III, and IV, respectively, of this chapter]) and the amendments made hereby shall become effective upon the date of enactment of this Act [Oct. 25, 1978], except that any electronic surveillance approved by the Attor- ney General to gather foreign intelligence information shall not be deemed unlawful for failure to follow the procedures of this Act, if that surveillance is termi- nated or an order approving that surveillance is ob- tained under title I of this Act [enacting this sub- chapter] within ninety days following the designation of the first judge pursuant to section 103 of this Act [section 1803 of this title], was repealed by Pub. L. 110–261, title I, § 101(a)(1), July 10, 2008, 122 Stat. 2437. SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–49, § 1, Apr. 20, 2024, 138 Stat. 862, provided that: ‘‘This Act [enacting sections 1810a and 1881h of this title, amending this section and sections 1803 to 1805, 1809, 1810, 1823, 1824, 1842, 1862, 1871 to 1873, 1881 to 1881h, and 1885 of this title and sections 402 and 1623 of Title 18, Crimes and Criminal Procedure, enacting pro- visions set out as notes under this section and sections 1803, 1804, 1873, and 1881a of this title, amending provi- sions set out as notes under this section and section 1881 of this title and section 2511 of Title 18, and repeal- ing provisions set out as a note under section 1881a of this title] may be cited as the ‘Reforming Intelligence and Securing America Act’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–118, § 1(a), Jan. 19, 2018, 132 Stat. 3, pro- vided that: ‘‘This Act [amending sections 1803, 1805, 1807, 1822, 1842, 1843, 1846, 1861, 1873, 1874, 1881 to 1881g, 1885, 1885a, 3234, and 3341 of this title, section 1924 of Title 18, Crimes and Criminal Procedure, and sections 2000ee and 2000ee–1 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1881 and 1881a of this title and sec- tion 2303 of Title 5, Government Organization and Em- ployees, and amending provisions set out as notes under this section and section 1881 of this title and sec- tion 2511 of Title 18] may be cited as the ‘FISA Amend- ments Reauthorization Act of 2017’.’’ SHORT TITLE OF 2015 AMENDMENT Pub. L. 114–23, § 1(a), June 2, 2015, 129 Stat. 268, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Uniting and Strengthening Amer- ica by Fulfilling Rights and Ensuring Effective Dis- cipline Over Monitoring Act of 2015’ or the ‘USA FREE- DOM Act of 2015’.’’ SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–238, § 1, Dec. 30, 2012, 126 Stat. 1631, pro- vided that: ‘‘This Act [amending sections 1881 to 1881g of this title and provisions set out as notes under this section, section 1881 of this title, and section 2511 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘FISA Amendments Act Reauthorization Act of 2012’.’’ SHORT TITLE OF 2011 AMENDMENT Pub. L. 112–14, § 1, May 26, 2011, 125 Stat. 216, provided that: ‘‘This Act [amending sections 1805, 1861, and 1862 of this title and provisions set out as notes under this section and section 1805 of this title] may be cited as the ‘PATRIOT Sunsets Extension Act of 2011’.’’ Pub. L. 112–3, § 1, Feb. 25, 2011, 125 Stat. 5, provided that: ‘‘This Act [amending sections 1805, 1861, and 1862 of this title and provisions set out as notes under this section and section 1805 of this title] may be cited as the ‘FISA Sunsets Extension Act of 2011’.’’ SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–261, § 1(a), July 10, 2008, 122 Stat. 2436, pro- vided that: ‘‘This Act [enacting section 1812 and sub- chapters VI and VII of this chapter, amending this sec- tion, sections 1803 to 1805, 1806, 1808, 1809, 1821 to 1825, 1843, and 1871 of this title, and section 2511 of Title 18, Crimes and Criminal Procedure, repealing sections 1805a to 1805c of this title and subchapter VI of this chapter, enacting provisions set out as notes under this section, section 1881 of this title, and section 2511 of Title 18, amending provisions set out as a note under section 1803 of this title, and repealing provisions set out as a note under this section] may be cited as the ‘Foreign Intelligence Surveillance Act of 1978 Amend- ments Act of 2008’ or the ‘FISA Amendments Act of 2008’.’’ SHORT TITLE OF 2007 AMENDMENT Pub. L. 110–55, § 1, Aug. 5, 2007, 121 Stat. 552, provided that: ‘‘This Act [enacting sections 1805a to 1805c of this title, amending section 1803 of this title, and enacting provisions set out as a note under section 1803 of this Page 239 TITLE 50—WAR AND NATIONAL DEFENSE § 1801 title] may be cited as the ‘Protect America Act of 2007’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–567, title VI, § 601, Dec. 27, 2000, 114 Stat. 2850, provided that: ‘‘This title [enacting section 9A of the Classified Information Procedures Act, set out in the Appendix to Title 18, Crimes and Criminal Proce- dure, amending sections 402a, 1804, 1805, 1808, 1823, and 1824 of this title, and enacting provisions set out as notes under this section and section 1806 of this title] may be cited as the ‘Counterintelligence Reform Act of 2000’.’’ SHORT TITLE Pub. L. 95–511, § 1, Oct. 25, 1978, 92 Stat. 1783, provided in part: ‘‘That this Act [enacting this chapter, amend- ing sections 2511, 2518, and 2519 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note above] may be cited as the ‘Foreign Intelligence Surveillance Act of 1978’.’’ SEVERABILITY Pub. L. 118–49, § 18(d)(1), Apr. 20, 2024, 138 Stat. 891, provided that: ‘‘If any provision of this Act [see Short Title of 2024 Amendment note set out above], any amendment made by this Act, or the application there- of to any person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other persons and circumstances shall not be af- fected thereby.’’ Pub. L. 115–118, title II, § 206, Jan. 19, 2018, 132 Stat. 22, provided that: ‘‘If any provision of this Act [see Short Title of 2018 Amendment note set out above], any amendment made by this Act, or the application there- of to any person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other persons and circumstances shall not be af- fected thereby.’’ Pub. L. 110–261, title IV, § 401, July 10, 2008, 122 Stat. 2473, provided that: ‘‘If any provision of this Act [see Short Title of 2008 Amendment note above], any amendment made by this Act, or the application there- of to any person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other persons and circumstances shall not be af- fected thereby.’’ Pub. L. 106–567, title VI, § 608, Dec. 27, 2000, 114 Stat. 2856, provided that: ‘‘If any provision of this title [see Short Title of 2000 Amendment note above] (including an amendment made by this title), or the application thereof, to any person or circumstance, is held invalid, the remainder of this title (including the amendments made by this title), and the application thereof, to other persons or circumstances shall not be affected thereby.’’ ACCOUNTABILITY MEASURES FOR EXECUTIVE LEADERSHIP OF FEDERAL BUREAU OF INVESTIGATION Pub. L. 118–49, § 12(b), Apr. 20, 2024, 138 Stat. 880, pro- vided that: ‘‘(1) MEASURES REQUIRED.—The Director of the Fed- eral Bureau of Investigation shall ensure that, as soon as practicable following the date of enactment of this Act [Apr. 20, 2024], there are in effect measures for hold- ing the executive leadership of each covered component appropriately accountable for ensuring compliance with covered procedures by the personnel of the Fed- eral Bureau of Investigation assigned to that covered component. Such measures shall include a requirement for an annual evaluation of the executive leadership of each such covered component with respect to ensuring such compliance during the preceding year. ‘‘(2) BRIEFINGS REQUIRED.— ‘‘(A) BRIEFINGS.—Not later than December 31 of each calendar year, the Federal Bureau of Investiga- tion shall provide to the appropriate congressional committees a briefing on the implementation of para- graph (1). ‘‘(B) MATTERS.—Each briefing under subparagraph (A) shall include, with respect to the period covered by the briefing, the following: ‘‘(i) A description of specific measures under paragraph (1) that the Federal Bureau of Investiga- tion has implemented. ‘‘(ii) A description of specific measures under such subsection that the Federal Bureau of Inves- tigation has proposed to be implemented or modi- fied, and the timeline for such proposed implemen- tation or modification. ‘‘(iii) A summary of compliance with covered pro- cedures by the personnel of the Federal Bureau of Investigation, disaggregated by covered component, and a description of any adverse personnel actions taken against, or other actions taken to ensure the appropriate accountability of, the executive leader- ship of covered components that underperformed with respect to ensuring such compliance. ‘‘(3) DEFINITIONS.—In this subsection: ‘‘(A) APPROPRIATE CONGRESSIONAL COMMITTEES.— The term ‘appropriate congressional committees’ means— ‘‘(i) the congressional intelligence committees, as such term is defined in subsection (b) of section 701 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881) on the date of enactment of this Act; and ‘‘(ii) the Committees on the Judiciary of the House of Representatives and the Senate. ‘‘(B) COVERED COMPONENT.—The term ‘covered com- ponent’ means a field office, Headquarters division, or other element of the Federal Bureau of Investiga- tion with personnel who, for any period during which section 702 [50 U.S.C. 1881a] is in effect, have access to the unminimized contents of communications ob- tained through acquisitions authorized under section 702(a). ‘‘(C) COVERED PROCEDURE.—The term ‘covered pro- cedure’— ‘‘(i) means any procedure governing the use of au- thorities under the Foreign Intelligence Surveil- lance Act of 1978 (50 U.S.C. 1801 et seq.); and ‘‘(ii) includes querying procedures and minimiza- tion procedures adopted pursuant to such Act. ‘‘(D) EXECUTIVE LEADERSHIP.—The term ‘executive leadership’ includes— ‘‘(i) with respect to a field office of the Federal Bureau of Investigation, an Assistant Director in Charge or Special Agent in Charge of the field of- fice; and ‘‘(ii) with respect to a division of the Federal Bu- reau of Investigation Headquarters, an Assistant Director of the division.’’ TRANSITION PROCEDURES Pub. L. 110–261, title IV, § 404, July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(b), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title I, § 101(b)(3), title II, § 201(b), Jan. 19, 2018, 132 Stat. 8, 19; Pub. L. 118–31, div. G, title IX, § 7902(b), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(b), Apr. 20, 2024, 138 Stat. 891, provided that: ‘‘(a) TRANSITION PROCEDURES FOR PROTECT AMERICA ACT OF 2007 PROVISIONS.— ‘‘(1) CONTINUED EFFECT OF ORDERS, AUTHORIZATIONS, DIRECTIVES.—Except as provided in paragraph (7), not- withstanding any other provision of law, any order, authorization, or directive issued or made pursuant to section 105B of the Foreign Intelligence Surveil- lance Act of 1978 [50 U.S.C. 1805b], as added by section 2 of the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 552), shall continue in effect until the expiration of such order, authorization, or directive. ‘‘(2) APPLICABILITY OF PROTECT AMERICA ACT OF 2007 TO CONTINUED ORDERS, AUTHORIZATIONS, DIRECTIVES.— Notwithstanding any other provision of this Act [see Short Title of 2008 Amendment note above], any Page 240 TITLE 50—WAR AND NATIONAL DEFENSE § 1801 amendment made by this Act, or the Foreign Intel- ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)— ‘‘(A) subject to paragraph (3), section 105A of such Act [50 U.S.C. 1805a], as added by section 2 of the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 552), shall continue to apply to any acquisi- tion conducted pursuant to an order, authorization, or directive referred to in paragraph (1); and ‘‘(B) sections 105B and 105C of the Foreign Intel- ligence Surveillance Act of 1978 [50 U.S.C. 1805b, 1805c], as added by sections 2 and 3, respectively, of the Protect America Act of 2007, shall continue to apply with respect to an order, authorization, or di- rective referred to in paragraph (1) until the later of— ‘‘(i) the expiration of such order, authorization, or directive; or ‘‘(ii) the date on which final judgment is en- tered for any petition or other litigation relating to such order, authorization, or directive. ‘‘(3) USE OF INFORMATION.—Information acquired from an acquisition conducted pursuant to an order, authorization, or directive referred to in paragraph (1) shall be deemed to be information acquired from an electronic surveillance pursuant to title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) for purposes of section 106 of such Act (50 U.S.C. 1806), except for purposes of subsection (j) of such section. ‘‘(4) PROTECTION FROM LIABILITY.—Subsection (l) of section 105B of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1805b(l)], as added by section 2 of the Protect America Act of 2007, shall continue to apply with respect to any directives issued pursuant to such section 105B. ‘‘(5) JURISDICTION OF FOREIGN INTELLIGENCE SURVEIL- LANCE COURT.—Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveil- lance Act of 1978 (50 U.S.C. 1801 et seq.), section 103(e) of the Foreign Intelligence Surveillance Act [of 1978] (50 U.S.C. 1803(e)), as amended by section 5(a) of the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 556), shall continue to apply with respect to a directive issued pursuant to section 105B of the For- eign Intelligence Surveillance Act of 1978 [50 U.S.C. 1805b], as added by section 2 of the Protect America Act of 2007, until the later of— ‘‘(A) the expiration of all orders, authorizations, or directives referred to in paragraph (1); or ‘‘(B) the date on which final judgment is entered for any petition or other litigation relating to such order, authorization, or directive. ‘‘(6) REPORTING REQUIREMENTS.— ‘‘(A) CONTINUED APPLICABILITY.—Notwithstanding any other provision of this Act, any amendment made by this Act, the Protect America Act of 2007 (Public Law 110–55) [see Short Title of 2007 Amend- ment note above], or the Foreign Intelligence Sur- veillance Act of 1978 (50 U.S.C. 1801 et seq.), section 4 of the Protect America Act of 2007 [121 Stat. 555] shall continue to apply until the date that the cer- tification described in subparagraph (B) is sub- mitted. ‘‘(B) CERTIFICATION.—The certification described in this subparagraph is a certification— ‘‘(i) made by the Attorney General; ‘‘(ii) submitted as part of a semi-annual report required by section 4 of the Protect America Act of 2007; ‘‘(iii) that states that there will be no further acquisitions carried out under section 105B of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1805b], as added by section 2 of the Protect America Act of 2007, after the date of such certifi- cation; and ‘‘(iv) that states that the information required to be included under such section 4 relating to any acquisition conducted under such section 105B has been included in a semi-annual report re- quired by such section 4. ‘‘(7) REPLACEMENT OF ORDERS, AUTHORIZATIONS, AND DIRECTIVES.— ‘‘(A) IN GENERAL.—If the Attorney General and the Director of National Intelligence seek to re- place an authorization issued pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1805b], as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), with an authorization under section 702 of the For- eign Intelligence Surveillance Act of 1978 [50 U.S.C. 1881a] (as added by section 101(a) of this Act), the Attorney General and the Director of National In- telligence shall, to the extent practicable, submit to the Foreign Intelligence Surveillance Court (as such term is defined in section 701(b)(2) of such Act [50 U.S.C. 1881(b)(2)] (as so added)) a certification prepared in accordance with subsection (g) [now subsection (h)] of such section 702 and the proce- dures adopted in accordance with subsections (d) and (e) of such section 702 at least 30 days before the expiration of such authorization. ‘‘(B) CONTINUATION OF EXISTING ORDERS.—If the Attorney General and the Director of National In- telligence seek to replace an authorization made pursuant to section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by section 2 of the Protect America Act of 2007 (Public Law 110–55; 121 Stat. 522), by filing a certification in accordance with subparagraph (A), that authorization, and any directives issued thereunder and any order related thereto, shall remain in effect, notwithstanding the expiration provided for in subsection (a) of such section 105B, until the Foreign Intelligence Surveil- lance Court (as such term is defined in section 701(b)(2) of the Foreign Intelligence Surveillance Act of 1978 (as so added)) issues an order with re- spect to that certification under section 702(j)(3) of such Act (as so added) at which time the provisions of that section and of section 702(j)(4) of such Act (as so added) shall apply. ‘‘(8) EFFECTIVE DATE.—Paragraphs (1) through (7) shall take effect as if enacted on August 5, 2007. ‘‘(b) TRANSITION PROCEDURES FOR FISA AMENDMENTS ACT OF 2008 PROVISIONS.— ‘‘(1) ORDERS IN EFFECT ON TWO YEARS AFTER THE DATE OF ENACTMENT OF THE REFORMING INTELLIGENCE AND SECURING AMERICA ACT [capitalization so in original] [April 20, 2024].—Notwithstanding any other provision of this Act, any amendment made by this Act, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), any order, authorization, or directive issued or made under title VII of the For- eign Intelligence Surveillance Act of 1978 [50 U.S.C. 1881 et seq.], as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 [Pub. L. 115–118, see Short Title of 2018 Amendment note set out above] and the Reforming Intelligence and Secur- ing America Act [Pub. L. 118–49, see Short Title of 2024 Amendment note set out above], shall continue in effect until the date of the expiration of such order, authorization, or directive. ‘‘(2) APPLICABILITY OF TITLE VII OF FISA TO CONTIN- UED ORDERS, AUTHORIZATIONS, DIRECTIVES.—Notwith- standing any other provision of this Act, any amend- ment made by this Act, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), with respect to any order, authorization, or directive re- ferred to in paragraph (1), title VII of such Act, as amended by section 101(a) and by the FISA Amend- ments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, shall con- tinue to apply until the later of— ‘‘(A) the expiration of such order, authorization, or directive; or ‘‘(B) the date on which final judgment is entered for any petition or other litigation relating to such order, authorization, or directive. ‘‘(3) CHALLENGE OF DIRECTIVES; PROTECTION FROM LI- ABILITY; USE OF INFORMATION.—Notwithstanding any other provision of this Act or of the Foreign Intel- 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 described in this subparagraph is a certification— ‘‘(i) made by the Attorney General; ‘‘(ii) submitted to the Select Committee on In- telligence of the Senate, the Permanent Select Committee on Intelligence of the House of Rep- resentatives, and the Committees on the Judici- ary of the Senate and the House of Representa- tives; ‘‘(iii) that states that there will be no further acquisitions carried out under title VII of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1881 et seq.], as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, after the date of such cer- tification; and ‘‘(iv) that states that the information required to be included in a review, assessment, or report under section 601 of such Act [50 U.S.C. 1871], as amended by section 101(c), or section 702(m) or 707 of such Act, as added by section 101(a) and amend- ed by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Secur- ing America Act, relating to any acquisition con- ducted under title VII of such Act, as amended by section 101(a) and by the FISA Amendments Re- authorization Act of 2017 and the Reforming In- telligence and Securing America Act, has been in- cluded in a review, assessment, or report under such section 601, 702(l) [now 702(m)], or 707. ‘‘(5) TRANSITION PROCEDURES CONCERNING THE TAR- GETING OF UNITED STATES PERSONS OVERSEAS.—Any authorization in effect on the date of enactment of this Act [July 10, 2008] under section 2.5 of Executive Order 12333 [50 U.S.C. 3001 note] to intentionally tar- get a United States person reasonably believed to be located outside the United States shall continue in effect, and shall constitute a sufficient basis for con- ducting such an acquisition targeting a United States person located outside the United States until the earlier of— ‘‘(A) the date that authorization expires; or ‘‘(B) the date that is 90 days after the date of the enactment of this Act [July 10, 2008].’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 1802. Electronic surveillance authorization without court order; certification by Attor- ney General; reports to Congressional com- mittees; transmittal under seal; duties and compensation of communication common carrier; applications; jurisdiction of court (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 for- eign 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 di- rected at— (i) the acquisition of the contents of com- munications transmitted by means of com- munications 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 intel- ligence, other than the spoken communica- tions of individuals, from property or prem- ises 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 def- inition of minimization procedures under sec- tion 1801(h) of this title; and if the Attorney General reports such minimiza- tion procedures and any changes thereto to the House Permanent Select Committee on Intel- ligence and the Senate Select Committee on In- telligence at least thirty days prior to their ef- fective date, unless the Attorney General deter- mines immediate action is required and notifies the committees immediately of such minimiza- tion procedures and the reason for their becom- ing effective immediately. (2) An electronic surveillance authorized by this subsection may be conducted only in ac- cordance with the Attorney General’s certifi- cation and the minimization procedures adopted by him. The Attorney General shall assess com- pliance with such procedures and shall report such assessments to the House Permanent Se- lect Committee on Intelligence and the Senate Select Committee on Intelligence under the pro- visions of section 1808(a) of this title. (3) The Attorney General shall immediately transmit under seal to the court established under section 1803(a) of this title a copy of his certification. Such certification shall be main- tained under security measures established by