US Codex
U.S.C.
Notes

§1803. Designation of judges — Inbound Citations

50 U.S.C. § 1803

Cited by 34 provisions in release 119-102.

Citations to 50 U.S.C. § 1803 as a whole

  • 18 U.S.C. § 402
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    Any person, corporation or association willfully disobeying any lawful writ, process, order, rule, decree, or command of any district court of the United States, including the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review established by section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), or any court of the District of Columbia, by doing any act or thing therein, or thereby forbidden, if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of any State in which the act was committed, shall be prosecuted for such contempt as provided in section 3691 of this title and shall be punished by a fine under this title or imprisonment, or both.
  • 18 U.S.C. § 1623(a)
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    (a) Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined under this title or imprisoned not more than five years or, if such proceedings are before or ancillary to the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review established by section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), imprisoned not more than ten years, or both.
  • 50 U.S.C. § 1802(b)
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    (b) Applications for a court order under this subchapter are authorized if the President has, by written authorization, empowered the Attorney General to approve applications to the court having jurisdiction under section 1803 of this title, and a judge to whom an application is made may, notwithstanding any other law, grant an order, in conformity with section 1805 of this title, approving electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information, except that the court shall not have jurisdiction to grant any order approving electronic surveillance directed solely as described in paragraph (1)(A) of subsection (a) unless such surveillance may involve the acquisition of communications of any United States person.
  • 50 U.S.C. § 1804(a)
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    (a) Each application for an order approving electronic surveillance under this subchapter shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under section 1803 of this title. Each application shall require the approval of the Attorney General based upon his finding that it satisfies the criteria and requirements of such application as set forth in this subchapter. It shall include—
    (1) the identity of the Federal officer making the application;
    (2) the identity, if known, or a description of the specific target of the electronic surveillance;
    (3) a sworn statement of the facts and circumstances relied upon by the applicant to justify his belief that—
    (A) the target of the electronic surveillance is a foreign power or an agent of a foreign power, 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(b)(2)(B) of this title), that a violation of the criminal statutes of the United States as referred to in section 1801(b)(2)(B) of this title has occurred or is about to occur; and
    (B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;
    (4) a statement of the proposed minimization procedures;
    (5) a description of the nature of the information sought and the type of communications or activities to be subjected to the surveillance;
    (6) a certification or certifications by the Assistant to the President for National Security Affairs, an executive branch official or officials designated by the President from among those executive officers employed in the area of national security or defense and appointed by the President with the advice and consent of the Senate, or the Deputy Director of the Federal Bureau of Investigation, if designated by the President as a certifying official—
    (A) that the certifying official deems the information sought to be foreign intelligence information;
    (B) that a significant purpose of the surveillance is to obtain foreign intelligence information;
    (C) that such information cannot reasonably be obtained by normal investigative techniques;
    (D) that designates the type of foreign intelligence information being sought according to the categories described in section 1801(e) of this title;
    (E) including a statement of the basis for the certification that—
    (i) the information sought is the type of foreign intelligence information designated; and
    (ii) such information cannot reasonably be obtained by normal investigative techniques; and1
    (F) that none of the information included in the statement described in paragraph (3) was solely produced by, derived from information produced by, or obtained using the funds of, a political organization (as such term is defined in section 527 of title 26), unless—
    (i) the political organization is clearly identified in the body of the statement described in paragraph (3);
    (ii) the information has been corroborated; and
    (iii) the investigative techniques used to corroborate the information are clearly identified in the body of the statement described in paragraph (3); and
    (G) that none of the information included in the statement described in paragraph (3) is attributable to or derived from the content of a media source unless the statement includes a clear identification of each author of that content, and where applicable, the publisher of that content, information to corroborate that which was derived from the media source, and an explanation of the investigative techniques used to corroborate the information;
    (7) a summary statement of the means by which the surveillance will be effected and a statement whether physical entry is required to effect the surveillance;
    (8) a statement of the facts concerning all previous applications that have been made to any judge under this subchapter involving any of the persons, facilities, or places specified in the application, and the action taken on each previous application;
    (9) a statement of the period of time for which the electronic surveillance is required to be maintained, and if the nature of the intelligence gathering is such that the approval of the use of electronic surveillance under this subchapter should not automatically terminate when the described type of information has first been obtained, a description of facts supporting the belief that additional information of the same type will be obtained thereafter; and1
    (10) with respect to a target who is a United States person, a statement summarizing the investigative techniques carried out before making the application;
    (11) in the case of an application for an extension of an order under this subchapter for a surveillance targeted against a United States person, a summary statement of the foreign intelligence information obtained pursuant to the original order (and any preceding extension thereof) as of the date of the application for the extension, or a reasonable explanation of the failure to obtain such information; and1
    (12) a certification by the applicant or declarant that, to the best knowledge of the applicant or declarant, the Attorney General or a designated attorney for the Government has been apprised of all information that might reasonably—
    (A) call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or
    (B) otherwise raise doubts with respect to the findings required under section 1805(a) of this title.2
    (13) non-cumulative information known to the applicant or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.
  • 50 U.S.C. § 1805(d)(3)
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    (3) A denial of the application made under section 1804 of this title may be reviewed as provided in section 1803 of this title.
  • 50 U.S.C. § 1805(e)(1)(C)
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    (C) informs, either personally or through a designee, a judge having jurisdiction under section 1803 of this title at the time of such authorization that the decision has been made to employ emergency electronic surveillance; and
  • 50 U.S.C. § 1805(e)(1)(D)
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    (D) makes an application in accordance with this subchapter to a judge having jurisdiction under section 1803 of this title as soon as practicable, but not later than 7 days after the Attorney General authorizes such surveillance.
  • 50 U.S.C. § 1805(e)(4)
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    (4) A denial of the application made under this subsection may be reviewed as provided in section 1803 of this title.
  • 50 U.S.C. § 1813(b)(3)(A)
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    (A) The procedures required by paragraph (1) shall apply to any intelligence collection activity not otherwise authorized by court order (including an order or certification issued by a court established under subsection (a) or (b) of section 1803 of this title), subpoena, or similar legal process that is reasonably anticipated to result in the acquisition of a covered communication to or from a United States person and shall permit the acquisition, retention, and dissemination of covered communications subject to the limitation in subparagraph (B).
  • 50 U.S.C. § 1824(e)(4)
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    (4) A denial of the application made under this subsection may be reviewed as provided in section 1803 of this title.
  • 50 U.S.C. § 1842(d)(3)
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    (3) A denial of the application made under this subsection may be reviewed as provided in section 1803 of this title.
  • 50 U.S.C. § 1843(c)(3)
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    (3) A denial of the application made under subsection (a)(2) may be reviewed as provided in section 1803 of this title.
  • 50 U.S.C. § 1873(a)(1)(E)
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    (E) the number of appointments of an individual to serve as amicus curiae under section 1803 of this title, including the name of each individual appointed to serve as amicus curiae;

Citations to §1803(a)

Citations to §1803(b)

Citations to §1803(c)

Citations to §1803(e)(1)

Citations to §1803(i)

Citations to §1803(m)

  • 50 U.S.C. § 1810a(a)
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    (a) If a court finds that a person has violated this chapter in a civil action under section 1810 of this title, the head of the agency that employs that person shall report to Congress on the administrative action taken against that person pursuant to section 1803(m) of this title or any other provision of law.
  • 50 U.S.C. § 1873(e)
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    (e) The Director of the Federal Bureau of Investigation shall annually submit to the Permanent Select Committee on Intelligence and the Committee on Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate, a report describing the accountability actions taken by the Federal Bureau of Investigation in the preceding 12-month period for noncompliant querying of information acquired under section 1881a of this title and any such actions taken pursuant to section 1803(m) of this title, to include the number of ongoing personnel investigations, the outcome of any completed personnel investigations and any related adverse personnel actions taken.