Source
(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.)
Amendment of Section
For termination of amendment by Pub. L. 108–458, see Termination Date of 2004 Amendment note below.
Amendments
2004—Subsec. (b)(1)(C).
Pub. L. 108–458, § 6001, temporarily added subpar. (C). 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.
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 subpar. (D) and redesignated former subpar. (D) as (E).
Termination Date of 2004 Amendment
Pub. L. 108–458, title VI, § 6001(b), Dec. 17, 2004,
118 Stat. 3742, provided that: “The amendment made by subsection (a) [amending this section] shall be subject to the sunset provision in section 224 of Public Law 107–56 [
18 U.S.C.
2510 note ] (
115 Stat. 295), including the exception provided in subsection (b) of such section
224.”
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 L. 107–56 as originally enacted.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, provided that: “The provisions of this Act [enacting this chapter, amending sections
2511,
2518, and
2519 of Title
18, Crimes and Criminal Procedure, and enacting provision 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 Attorney General to gather foreign intelligence information shall not be deemed unlawful for failure to follow the procedures of this Act, if that surveillance is terminated or an order approving that surveillance is obtained under title I of this Act [enacting this subchapter] within ninety days following the designation of the first judge pursuant to section 103 of this Act [section
1803 of this title].”
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 Procedure, 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
Section 1 of
Pub. L. 95–511 provided in part: “That this Act [enacting this chapter, amending 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. 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.”
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section
1681 of Title
48, Territories and Insular Possessions.