2018—Subsec. (a)(1)(A)(iii). Pub. L. 115–118, § 205(a)(2), substituted “subparagraphs (A) through (D)” for “paragraphs (1) through (4)”.
Subsec. (d). Pub. L. 115–118, § 205(b)(3), struck out “immediately” after “the court shall”.
2010—Subsecs. (a)(3), (4)(A)(ii), (e). Pub. L. 111–259 made technical amendment to directory language of Pub. L. 108–458. See 2004 Amendment note below.
2008—Subsec. (c). Pub. L. 110–261 inserted “(except when sitting en banc)” after “except that no judge”.
2004—Subsecs. (a)(3), (4)(A)(ii), (e). Pub. L. 108–458, as amended by Pub. L. 111–259, substituted “Director of National Intelligence” for “Director of Central Intelligence”.
Amendment by Pub. L. 110–261 effective
For Determination by President that amendment by Pub. L. 108–458 take effect on
Amendment by Pub. L. 108–458 effective not later than six months after
Section effective 90 days after
Ex. Ord. No. 12949,
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:
(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; and
(i) Deputy Director of the Federal Bureau of Investigation.
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. The requirement of the preceding sentence that the named official must be appointed by the President with the advice and consent of the Senate does not apply to the Deputy Director of the Federal Bureau of Investigation.