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50 U.S.C. § 1822 — Authorization of physical searches for foreign intelligence purposes
Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential authorization**
(1) Notwithstanding any other provision of law, the President, acting through the Attorney General, may authorize physical searches without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if—
(A) the Attorney General certifies in writing under oath that—
(i) the physical search is solely directed at premises, information, material, or property used exclusively by, or under the open and exclusive control of, a foreign power or powers (as defined in section 1801(a)(1), (2), or (3) of this title);
(ii) there is no substantial likelihood that the physical search will involve the premises, information, material, or property of a United States person; and
(iii) the proposed minimization procedures with respect to such physical search meet the definition of minimization procedures under subparagraphs (A) through (D) of [section 1821(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1821/4&num=0&edition=prelim); and
(B) the Attorney General reports such minimization procedures and any changes thereto to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate at least 30 days before their effective date, unless the Attorney General determines that immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.
(2) A physical search authorized by this subsection may be conducted only in accordance with the certification and minimization procedures adopted by the Attorney General. The Attorney General shall assess compliance with such procedures and s
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Source file: Laws/federal/codes/united-states-code/title-50/section-1822-authorization-of-physical-searches-for-foreign-intelligence-purposes--e24b7a8085.md
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Source location: Title 50, Chapter 36, § 1822; chapter-036-foreign-intelligence-surveillance.md
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**(a) Presidential authorization**
(1) Notwithstanding any other provision of law, the President, acting through the Attorney General, may authorize physical searches without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if—
(A) the Attorney General certifies in writing under oath that—
(i) the physical search is solely directed at premises, information, material, or property used exclusively by, or under the open and exclusive control of, a foreign power or powers (as defined in section 1801(a)(1), (2), or (3) of this title);
(ii) there is no substantial likelihood that the physical search will involve the premises, information, material, or property of a United States person; and
(iii) the proposed minimization procedures with respect to such physical search meet the definition of minimization procedures under subparagraphs (A) through (D) of [section 1821(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1821/4&num=0&edition=prelim); and
(B) the Attorney General reports such minimization procedures and any changes thereto to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate at least 30 days before their effective date, unless the Attorney General determines that immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.
(2) A physical search authorized by this subsection may be conducted only in accordance with the certification and minimization procedures adopted by the Attorney General. The Attorney General shall assess compliance with such procedures and shall report such assessments to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate under the provisions of [section 1826 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1826&num=0&edition=prelim).
(3) The Attorney General shall immediately transmit under seal to the Foreign Intelligence Surveillance Court a copy of the certification. Such certification shall be maintained under security measures established by the Chief Justice of the United States with the concurrence of the Attorney General, in consultation with the Director of National Intelligence, and shall remain sealed unless—
(A) an application for a court order with respect to the physical search is made under [section 1821(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1821/4&num=0&edition=prelim) and [section 1823 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1823&num=0&edition=prelim); or
(B) the certification is necessary to determine the legality of the physical search under [section 1825(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1825/g&num=0&edition=prelim).
(4)
(A) With respect to physical searches authorized by this subsection, the Attorney General may direct a specified landlord, custodian, or other specified person to—
(i) furnish all information, facilities, or assistance necessary to accomplish the physical search in such a manner as will protect its secrecy and produce a minimum of interference with the services that such landlord, custodian, or other person is providing the target of the physical search; and
(ii) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the search or the aid furnished that such person wishes to retain.
(B) The Government shall compensate, at the prevailing rate, such landlord, custodian, or other person for furnishing such aid.
**(b) Application for order; authorization** 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 Foreign Intelligence Surveillance Court. Notwithstanding any other provision of law, a judge of the court to whom application is made may grant an order in accordance with [section 1824 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1824&num=0&edition=prelim) approving a physical search in the United States of the premises, property, information, or material of a foreign power or an agent of a foreign power for the purpose of collecting foreign intelligence information.
**(c) Jurisdiction of Foreign Intelligence Surveillance Court** The Foreign Intelligence Surveillance Court shall have jurisdiction to hear applications for and grant orders approving a physical search for the purpose of obtaining foreign intelligence information anywhere within the United States under the procedures set forth in this subchapter, except that no judge (except when sitting en banc) shall hear the same application which has been denied previously by another judge designated under [section 1803(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/a&num=0&edition=prelim). If any judge so designated denies an application for an order authorizing a physical search under this subchapter, such judge shall provide immediately for the record a written statement of each reason for such decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established under [section 1803(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/b&num=0&edition=prelim).
**(d) Court of review; record; transmittal to Supreme Court** The court of review established under [section 1803(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/b&num=0&edition=prelim) shall have jurisdiction to review the denial of any application made under this subchapter. If such court determines that the application was properly denied, the court shall provide for the record a written statement of each reason for its decision and, on petition of the United States for a writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision.
**(e) Expeditious conduct of proceedings; security measures for maintenance of records** Judicial proceedings under this subchapter shall be concluded as expeditiously as possible. The record of proceedings under this subchapter, including applications made and orders granted, shall be maintained under security measures established by the Chief Justice of the United States in consultation with the Attorney General and the Director of National Intelligence.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The terms “foreign power”, “agent of a foreign power”, “international terrorism”, “sabotage”, “foreign intelligence information”, “Attorney General”, “United States person”, “United States”, “person”, “weapon of mass destruction”, and “State” shall have the same meanings as in [section 1801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim), except as specifically provided by this subchapter.
(2) “Aggrieved person” means a person whose premises, property, information, or material is the target of physical search or any other person whose premises, property, information, or material was subject to physical search.
(3) “Foreign Intelligence Surveillance Court” means the court established by [section 1803(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/a&num=0&edition=prelim).
(4) “Minimization procedures” with respect to physical search, means—
(A) specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purposes and technique of the particular physical search, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;
(B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in [section 1801(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/e/1&num=0&edition=prelim), shall not be disseminated in a manner that identifies any Unite
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1821
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Necessary findings** Upon an application made pursuant to [section 1823 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1823&num=0&edition=prelim), the judge shall enter an ex parte order as requested or as modified approving the physical search if the judge finds that—
(1) the application has been made by a Federal officer and approved by the Attorney General;
(2) on the basis of the facts submitted by the applicant there is probable cause to believe that—
(A) the target of the physical search is a foreign power or an agent of a foreign power, except that no United States person may be considered an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and
(B) the premises or property to be searched is or is about to be owned, used, possessed by, or is in transit to or from an agent of a foreign power or a foreign power;
(3) the proposed minimization procedures meet the definition of minimization contained in this subchapter; and
(4) the application which has been filed contains all statements and certifications required by [section 1823 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1823&num=0&edition=prelim), and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under [section 1823(a)(6)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1823/a/6/E&num=0&edition=prelim) and any other information furnished under [section 1823(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1823/c&num=0&edition=prelim).
**(b) De
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Federal law — U.S. Code and appendices · legal_authorities
On a semiannual basis the Attorney General shall fully inform the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate concerning all physical searches conducted pursuant to this subchapter. On a semiannual basis the Attorney General shall also provide to those committees a report setting forth with respect to the preceding six-month period—
(1) the total number of applications made for orders approving physical searches under this subchapter;
(2) the total number of such orders either granted, modified, or denied;
(3) the number of physical searches which involved searches of the residences, offices, or personal property of United States persons, and the number of occasions, if any, where the Attorney General provided notice pursuant to [section 1825(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1825/b&num=0&edition=prelim); and
(4) the total number of emergency physical searches authorized by the Attorney General under [section 1824(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1824/e&num=0&edition=prelim) and the total number of subsequent orders approving or denying such physical searches.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1826
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Covered element of the intelligence community** — The term “covered element of the intelligence community” means an element of the intelligence community that is not an element of the Department of Defense.
(2) **National security satellite** — The term “national security satellite” means a satellite weighing over 400 pounds whose principle purpose is to support the national security or intelligence needs of the United States Government.
(3) **United States** — The term “United States” means the several States, the District of Columbia, and the territories and possessions of the United States.
**(b) Requirement** Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star tracker.
**(c) Exception** The head of a covered element of the intelligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congressional intelligence committees that—
(1) there is no available star tracker produced in the United States that meets the mission and design requirements of the national security satellite for which the star tracker will be used;
(2) the cost of a star tracker produced in the United States is unreasonable, based on a market survey; or
(3) such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
**(a)** “Foreign power” means—
(1) a foreign government or any component thereof, whether or not recognized by the United States;
(2) a faction of a foreign nation or nations, not substantially composed of United States persons;
(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
(4) a group engaged in international terrorism or activities in preparation therefor;
(5) a foreign-based political organization, not substantially composed of United States persons;
(6) an entity that is directed and controlled by a foreign government or governments; or
(7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction.
**(b)** “Agent of a foreign power” means—
(1) any person other than a United States person, who—
(A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States;
(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities;
(C) Omitted
(D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or
(E) engages in the international proliferation of weapons of mass destruction, or activities in prepa
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission by Federal officer; approval of Attorney General; contents** Each application for an order approving a physical search under this subchapter shall be made by a Federal officer in writing upon oath or affirmation to a judge of the Foreign Intelligence Surveillance Court. Each application shall require the approval of the Attorney General based upon the Attorney General’s finding that it satisfies the criteria and requirements for such application as set forth in this subchapter. Each application shall include—
(1) the identity of the Federal officer making the application;
(2) the identity, if known, or a description of the target of the search, and a description of the premises or property to be searched and of the information, material, or property to be seized, reproduced, or altered;
(3) a sworn statement of the facts and circumstances relied upon by the applicant to justify the applicant’s belief that—
(A) the target of the physical search 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/b/2/B&num=0&edition=prelim)), that a violation of the criminal statutes of the United States as referred to in [section 1801(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/b/2/B&num=0&edition=prelim) has occurred or is about to occur;
(B) the premises or property to be searched contains foreign intelligence information; and
(C) the premises or property to be searched is or is about to be owned, used, possessed by, or is in transit to or from a foreign
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Federal law — U.S. Code and appendices · legal_authorities
Page 262
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1822
on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representa-
tives before the date of enactment of this Act.’’
§ 1822. Authorization of physical searches for for-
eign intelligence purposes
(a) Presidential authorization
(1) Notwithstanding any other provision of
law, the President, acting through the Attorney
General, may authorize physical searches with-
out a court order under this subchapter to ac-
quire foreign intelligence information for peri-
ods of up to one year if—
(A) the Attorney General certifies in writing
under oath that—
(i) the physical search is solely directed at
premises, information, material, or property
used exclusively by, or under the open and
exclusive control of, a foreign power or pow-
ers (as defined in section 1801(a)(1), (2), or (3)
of this title);
(ii) there is no substantial likelihood that
the physical search will involve the prem-
ises, information, material, or property of a
United States person; and
(iii) the proposed minimization procedures
with respect to such physical search meet
the definition of minimization procedures
under subparagraphs (A) through (D) of sec-
tion 1821(4) of this title; and
(B) the Attorney General reports such mini-
mization procedures and any changes thereto
to the Permanent Select Committee on Intel-
ligence of the House of Representatives and
the Select Committee on Intelligence of the
Senate at least 30 days before their effective
date, unless the Attorney General determines
that immediate action is required and notifies
the committees immediately of such mini-
mization procedures and the reason for their
becoming effective immediately.
(2) A physical search authorized by this sub-
s
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1822
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