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50 U.S.C. § 1821 — Definitions
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
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Stable record: federal_law:legal_authorities:record_usc_065383f9daac7ed6e85678b9
Source file: Laws/federal/codes/united-states-code/title-50/section-1821-definitions--3ec4986265.md
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Source location: Title 50, Chapter 36, § 1821; chapter-036-foreign-intelligence-surveillance.md
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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 United States person, without such person’s consent, unless such person’s identity is necessary to understand such foreign intelligence information or assess its importance;
(C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes; and
(D) notwithstanding subparagraphs (A), (B), and (C), with respect to any physical search approved pursuant to [section 1822(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1822/a&num=0&edition=prelim), procedures that require that no information, material, or property of a United States person shall be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under [section 1824 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1824&num=0&edition=prelim) is obtained or unless the Attorney General determines that the information indicates a threat of death or serious bodily harm to any person.
(5) “Physical search” means any physical intrusion within the United States into premises or property (including examination of the interior of property by technical means) that is intended to result in a seizure, reproduction, inspection, or alteration of information, material, or property, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, but does not include (A) “electronic surveillance”, as defined in [section 1801(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/f&num=0&edition=prelim), or (B) the acquisition by the United States Government of foreign intelligence information from international or foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in [section 1801(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/f&num=0&edition=prelim).
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1824
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) 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 electronic surveillance under this subchapter. Nothing in this subchapter shall be deemed to limit the authority and responsibility of the appropriate committees of each House of Congress to obtain such information as they may need to carry out their respective functions and duties.
(2) Each report under the first sentence of paragraph (1) shall include a description of—
(A) the total number of applications made for orders and extensions of orders approving electronic surveillance under this subchapter where the nature and location of each facility or place at which the electronic surveillance will be directed is unknown;
(B) each criminal case in which information acquired under this chapter has been authorized for use at trial during the period covered by such report;
(C) the total number of emergency employments of electronic surveillance under [section 1805(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1805/e&num=0&edition=prelim) and the total number of subsequent orders approving or denying such electronic surveillance; and
(D) the total number of authorizations under [section 1805(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1805/f&num=0&edition=prelim) and the total number of subsequent emergency employments of electronic surveillance under [section 1805(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1805/e&num=0&editio
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1808
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1822
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1823
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Compliance with minimization procedures; lawful purposes** Information acquired from a physical search conducted pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required by this subchapter. No information acquired from a physical search pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.
**(b) Notice of search and identification of property seized, altered, or reproduced** Where a physical search authorized and conducted pursuant to [section 1824 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1824&num=0&edition=prelim) involves the residence of a United States person, and, at any time after the search the Attorney General determines there is no national security interest in continuing to maintain the secrecy of the search, the Attorney General shall provide notice to the United States person whose residence was searched of the fact of the search conducted pursuant to this chapter and shall identify any property of such person seized, altered, or reproduced during such search.
**(c) Statement for disclosure** No information acquired pursuant to this subchapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.
**(d) Notification by United States** Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1825
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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) Prohibited activities** A person is guilty of an offense if he intentionally—
(1) under color of law for the purpose of obtaining foreign intelligence information, executes a physical search within the United States except as authorized by statute; or
(2) discloses or uses information obtained under color of law by physical search within the United States, knowing or having reason to know that the information was obtained through physical search not authorized by statute, for the purpose of obtaining intelligence information.
**(b) Defense** It is a defense to a prosecution under subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the physical search was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.
**(c) Fine or imprisonment** An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.
**(d) Federal jurisdiction** There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1827
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Federal law — U.S. Code and appendices · legal_authorities
An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A), respectively, of this title, whose premises, property, information, or material has been subjected to a physical search within the United States or about whom information obtained by such a physical search has been disclosed or used in violation of [section 1827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1827&num=0&edition=prelim) shall have a cause of action against any person who committed such violation and shall be entitled to recover—
(1) actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;
(2) punitive damages; and
(3) reasonable attorney’s fees and other investigative and litigation costs reasonably incurred.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1828
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of law, the President, through the Attorney General, may authorize physical searches without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed 15 calendar days following a declaration of war by the Congress.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1829
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