Notes on 50 U.S.C. § 1822 : US Code - Notes

Search Notes on 50 U.S.C. § 1822 : US Code - Notes

(Pub. L. 95-511, title III, Sec. 302, as added Pub. L. 103-359,
title VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3444; amended
Pub. L. 108-458, title I, Sec. 1071(e), Dec. 17, 2004, 118 Stat.
3691.)
AMENDMENTS
2004 - Subsecs. (a)(3), (4)(A)(ii), (e). 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. 12949. FOREIGN INTELLIGENCE PHYSICAL SEARCHES
Ex. Ord. No. 12949, Feb. 9, 1995, 60 F.R. 8169, as amended by Ex.
Ord. No. 13383, Sec. 2, July 15, 2005, 70 F.R. 41933, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States, including sections 302 and 303
of the Foreign Intelligence Surveillance Act of 1978 ("Act") (50
U.S.C. 1801, et seq.), as amended by Public Law 103-359 [50 U.S.C.
1822, 1823], and in order to provide for the authorization of
physical searches for foreign intelligence purposes as set forth in
the Act, it is hereby ordered as follows:
Section 1. Pursuant to section 302(a)(1) of the Act, the Attorney
General is authorized to approve physical searches, without a court
order, to acquire foreign intelligence information for periods of
up to one year, if the Attorney General makes the certifications
required by that section.
Sec. 2. Pursuant to section 302(b) of the Act, the Attorney
General is authorized to approve applications to the Foreign
Intelligence Surveillance Court under section 303 of the Act to
obtain orders for physical searches for the purpose of collecting
foreign intelligence information.
Sec. 3. Pursuant to section 303(a)(7) of the Act, 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 303(a)(7) of the Act in support of applications
to conduct physical searches:
(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; and
(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, by and with the advice and consent of the Senate.
(!1) So in original. Probably should be "subparagraphs (A) through
(D)".