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RULESOF THE FOREIGN INTELLIGENCE SURVEILLANCE COURTRuleName ~This court shall beSurveillance Court.The’of the court and shallcourt.1Courtknown as the Foreign IntelligenceRule

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Clerk of Courtclerk shall maintain the docketr records, and sealhave the usual powers of a clerk ofRule 3Duties~f Presiding Judge~The presiding judge designated by the Chief Justice ofthe United States from among the membership ~f the courtshall be responsible for (ai allocating the business of thecourt to the judges thereof on an equitable and ~parhialbasis, (b) calling the judges of the’court to sit from timeto time so that at least one judge will always be availableto serve on the court at the seat of government, (c) placingmatters before the judges for coliegial consideration, suchas administrative actions and amendments of these rules, and(d) calling meetings of the full court. The presidingjudge or his deslgnee will re~ain available to be reachedin emergency situations by the Attorney General for thepurposes set forth in section 105(e) of the Act.

"determination;Act; to grantan extension;application to-2-Rule 4Each judge of the court is empowered to administer oathsand affirmations: to hold hearings and to consider applicationsand such affidavits, exhibits, testimony, and other evidenceas may be presented to the court; to require the applicant tofurnish such other information as may be necessary to ato issue orders pursuant to’section !S~ of theextensions of an order upon an application forand to assess compliance with ~inim~ization pro-cedures by reviewing the circumstances under ~-hich informatio~concerning United States persons was acquired, retained, ordisseminated.A judge may/ for the court, also act ~n anapprove an emergency authorization purs=u~nt tosection 10S(e).Rule 5Submission of Applic~.tionsEach application for an order under section ~04 of theAct shall contain, in addition to other information requiredto be provided by statute or by the court, a marginal annotation to the left of the first line of each paragraph thereofindicating the appropriate part of the Act to which eachof AFplicationp~ragraph pertains.RuleProcedure on Denial(a) No judge of the court may hear tha same applicationfor electronic surveillance under the Act which h~s been

-3-denied previously by another judge of the court. ~hen anapplication is denied, the judge shall provide imanediatelyfor the record a written statement of each reason for hisdecision and, on motion of the United States, the recordshall be transmitted by the clerk, under seal, to theForeign Intelligence Surveillance Coccrt of Review.(b) If the emergency employment of electronic surveil-lance has been previously, authorized by the Attorney Generalpursuant to section 105(e), and a subsequent order approvin~the surveillance is not obtained, the judge shall cause tobe served on any United States person named in the application,and on such other United States persons subject to electronic-’su~eillance as the judge m~y dete~mine in his discretion itis in the interest of justice to serve, notice of --(1) the fact of the application;(2) the period of the surveillance; and(3) the fact that, during the period, informationwas or was not obtained.On an ex parte ihowing of good cause to the judge, theserving of the notice required by this subsection may bepostponed Qr suspended for a period not to exceed ninety

days.

Thereafter, on a further ex parte showing of good cause, thecourt may forego ordering the serving of the notice required~under this sub~ection.

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