(2) direct—

(A) that the minimization procedures be followed;

(B) that, upon the request of the applicant, a specified communication or other common carrier, landlord, custodian, or other specified person furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance;

(C) that such carrier, landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any records concerning the surveillance or the aid furnished that such person wishes to retain; and

(D) that the applicant compensate, at the prevailing rate, such carrier, landlord, custodian, or other person for furnishing such aid.

This chapter, referred to in subsecs. (e) and (i), was in the original “this Act”, meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

As originally enacted, Pub. L. 107–56, § 225, amended this section by adding subsec. (h) relating to bar of legal action after subsec. (g). The section already contained a subsec. (h). Both Pub. L. 107–108, § 314(a)(2)(C), and Pub. L. 107–273, § 4005(c), made amendments retroactive to the date of enactment of Pub. L. 107–56 which had the effect of redesignating subsec. (h), relating to bar of legal action, as subsec. (i) and transferring it to appear at the end of this section. See 2001 Amendment notes, Effective Date of 2002 Amendment note, and Effective Date of 2001 Amendment note below.

2006—Subsec. (c)(1). Pub. L. 109–177, § 108(b)(1), substituted “(1) Specifications.—An order approving an electronic surveillance under this section shall specify—” for “An order approving an electronic surveillance under this section shall—

“(1) specify—”.

Subsec. (c)(1)(A). Pub. L. 109–177, § 108(a)(2)(A), substituted “specific target of the electronic surveillance identified or described in the application pursuant to section 1804 (a)(3) of this title” for “target of the electronic surveillance”.

Subsec. (c)(1)(F). Pub. L. 109–177, § 108(b)(2), substituted period for “; and” at end.

Subsec. (c)(2). Pub. L. 109–177, § 108(b)(3), inserted par. heading and substituted “An order approving an electronic surveillance under this section shall direct” for “direct” in introductory provisions.

Subsec. (c)(2)(B). Pub. L. 109–177, § 108(a)(2)(B), substituted “where the Court finds, based upon specific facts provided in the application,” for “where the Court finds”.

Subsec. (c)(3). Pub. L. 109–177, § 108(b)(4), added par. (3).

Subsec. (e)(1)(B). Pub. L. 109–177, § 105(a)(1), substituted “who is not a United States person” for “, as defined in section 1801 (b)(1)(A) of this title”.

Subsec. (e)(2)(B). Pub. L. 109–177, § 105(a)(2), substituted “who is not a United States person” for “as defined in section 1801 (b)(1)(A) of this title”.

2004—Subsec. (c)(2)(C). Pub. L. 108–458 substituted “Director of National Intelligence” for “Director of Central Intelligence”.

2002—Subsec. (i). Pub. L. 107–273 amended Pub. L. 107–56, § 225. See 2001 Amendment notes below.

2001—Subsec. (c)(1)(B). Pub. L. 107–108, § 314(a)(2)(A), inserted “, if known” before semicolon at end.

Subsec. (c)(2)(B). Pub. L. 107–56, § 206, inserted “, or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons,” after “specified person”.

Subsec. (e)(1). Pub. L. 107–56, § 207(a)(1), inserted “(A)” after “except that” and “, and (B) an order under this chapter for a surveillance targeted against an agent of a foreign power, as defined in section 1801 (b)(1)(A) of this title may be for the period specified in the application or for 120 days, whichever is less” before period at end.

Subsec. (e)(2). Pub. L. 107–56, § 207(b)(1), as amended by Pub. L. 107–108, § 314(c)(1), inserted “(A)” after “except that” and “, and (B) an extension of an order under this chapter for a surveillance targeted against an agent of a foreign power as defined in section 1801 (b)(1)(A) of this title may be for a period not to exceed 1 year” before period at end.

Subsec. (f). Pub. L. 107–108, § 314(a)(2)(B), substituted “72 hours” for “twenty-four hours” in two places in concluding provisions.

Subsec. (h). Pub. L. 107–108, § 314(a)(2)(C), transferred subsec. (h) added by section 225 of Pub. L. 107–56 to appear after the subsec. (h) redesignated by section 602(b)(2) of Pub. L. 106–567, and redesignated the transferred subsec. (h) as subsec. (i). See Codification note above.

Subsec. (i). Pub. L. 107–108, § 314(a)(2)(D), inserted “for electronic surveillance or physical search” before period at end.

Pub. L. 107–108, § 314(a)(2)(C), transferred subsec. (h) added by section 225 of Pub. L. 107–56 to appear after the subsec. (h) redesignated by section 602(b)(2) of Pub. L. 106–567, and redesignated the transferred subsec. (h) as subsec. (i). See Codification note above.

Pub. L. 107–56, § 225, as amended by Pub. L. 107–273, § 4005(c), added subsec. (i) relating to bar of legal action.

2000—Subsecs. (b), (c). Pub. L. 106–567, § 602(b)(1), (2), added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 106–567, § 602(b)(1), (3), redesignated subsec. (c) as (d) and substituted “subsection (c)(1)” for “subsection (b)(1)”. Former subsec. (d) redesignated (e).

Subsecs. (e) to (h). Pub. L. 106–567, § 602(b)(1), redesignated subsecs. (d) to (g) as (e) to (h), respectively.

1984—Subsec. (f)(2)(C). Pub. L. 98–549 substituted “section 705” for “section 605” in the original to accommodate renumbering of sections in subchapter VI (section 601 et seq.) of chapter 5 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, by section 6(a) of Pub. L. 98–549. Because both sections translate as “section 605 of Title 47”, the amendment by Pub. L. 98–549 resulted in no change in text.

Pub. L. 109–177, title I, § 102(b), Mar. 9, 2006, 120 Stat. 195, provided that:

“(1) In general.—Effective December 31, 2009, the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1801 et seq.] is amended so that sections 501, 502, and 105 (c)(2) [50 U.S.C. 1861, 1862, and 1805 (c)(2)] read as they read on October 25, 2001.

“(2) Exception.—With respect to any particular foreign 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 particular offense or potential offense that began or occurred before the date on which such provisions cease to have effect, such provisions shall continue in effect.”

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.

Pub. L. 107–273, div. B, title IV, § 4005(c), Nov. 2, 2002, 116 Stat. 1812, provided that the amendment made by section 4005 (c) is effective Oct. 26, 2001.

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)(1) of Pub. L. 107–108 is effective as of Oct. 26, 2001, and as if included in Pub. L. 107–56 as originally enacted.

Amendment by Pub. L. 98–549 effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of Title 47, Telegraphs, Telephones, and Radiotelegraphs.