Notes on 50 U.S.C. § 1802 : US Code - Notes

Search Notes on 50 U.S.C. § 1802 : US Code - Notes

(Pub. L. 95-511, title I, Sec. 102, Oct. 25, 1978, 92 Stat. 1786;
Pub. L. 108-458, title I, Sec. 1071(e), Dec. 17, 2004, 118 Stat.
3691.)
AMENDMENTS
2004 - Subsec. (a)(3), (4)(B). Pub. L. 108-458 substituted
"Director of National Intelligence" for "Director of Central
Intelligence".
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.
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, Sec. 1, July 15, 2005, 70 F.R. 41933, provided:
By the authority vested in me as President by Sections 102 and
104 of the Foreign Intelligence Surveillance 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 intelligence purposes, it is hereby ordered as follows:
1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General
is authorized to approve electronic surveillance to acquire foreign
intelligence information without a court order, but only if the
Attorney General makes the certifications required by that Section.
1-102. Pursuant to Section 102(b) of the Foreign Intelligence Act
of 1978 (50 U.S.C. 1802(b)), the Attorney General 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
information.
1-103. Pursuant to Section 104(a)(7) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)), 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)(7) 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 Intelligence.
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.
1-104. Section 2-202 of Executive Order No. 12036 [set out under
section 401 of this title] is amended by inserting the following at
the end of that section: "Any electronic surveillance, as defined
in the Foreign Intelligence Surveillance Act of 1978, shall be
conducted in accordance with that Act as well as this Order.".
1-105. Section 2-203 of Executive Order No. 12036 [set out under
section 401 of this title] is amended by inserting the following at
the end of that section: "Any monitoring which constitutes
electronic surveillance as defined in the Foreign Intelligence
Surveillance Act of 1978 shall be conducted in accordance with that
Act as well as this Order.".