50 U.S.C. § 1824 — Issuance of order

Page 266 TITLE 50—WAR AND NATIONAL DEFENSE § 1824 10(b)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under sec- tion 1801 of this title. EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 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 3001 of this title. EFFECTIVE DATE Section effective 90 days after Oct. 14, 1994, with ex- ception for certain physical searches approved by the Attorney General to gather foreign intelligence infor- mation, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title. Executive Documents OFFICIALS DESIGNATED TO MAKE CERTIFICATIONS For provisions listing officials designated by Presi- dent to make certifications required by subsec. (a)(7) of this section, see Ex. Ord. No. 12949, § 3, Feb. 9, 1995, 60 F.R. 8169, set out as a note under section 1822 of this title. § 1824. Issuance of order (a) Necessary findings Upon an application made pursuant to section 1823 of this title, the judge shall enter an ex parte order as requested or as modified approv- ing the physical search if the judge finds that— (1) the application has been made by a Fed- eral officer and approved by the Attorney Gen- eral; (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 con- tains all statements and certifications re- quired by section 1823 of this title, and, if the target is a United States person, the certifi- cation or certifications are not clearly erro- neous on the basis of the statement made under section 1823(a)(6)(E) of this title and any other information furnished under section 1823(c) of this title. (b) Determination of probable cause In determining whether or not probable cause exists for purposes of an order under subsection (a)(2), a judge may consider past activities of the target, as well as facts and circumstances relat- ing to current or future activities of the target. (c) Specifications and directions of orders An order approving a physical search under this section shall— (1) specify— (A) the identity, if known, or a description of the target of the physical search; (B) the nature and location of each of the premises or property to be searched; (C) the type of information, material, or property to be seized, altered, or reproduced; (D) a statement of the manner in which the physical search is to be conducted and, whenever more than one physical search is authorized under the order, the authorized scope of each search and what minimization procedures shall apply to the information acquired by each search; and (E) the period of time during which phys- ical searches are approved; and (2) direct— (A) that the minimization procedures be followed; (B) that, upon the request of the applicant, a specified landlord, custodian, or other specified person furnish the applicant forth- with 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; (C) that such landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the search or the aid fur- nished that such person wishes to retain; (D) that the applicant compensate, at the prevailing rate, such landlord, custodian, or other person for furnishing such aid; and (E) that the Federal officer conducting the physical search promptly report to the court the circumstances and results of the phys- ical search. (d) Duration of order; assessment of compliance (1) An order issued under this section may ap- prove a physical search for the period necessary to achieve its purpose, or for 90 days, whichever is less, except that (A) an order under this sec- tion shall approve a physical search targeted against a foreign power for the period specified in the application or for one year, whichever is less, and (B) an order under this section for a physical search targeted against an agent of a foreign power who is not a United States person may be for the period specified in the applica- tion or for one year, whichever is less. (2) At or before the end of the period of time for which a physical search is approved by an order or an extension, or at any time after a Page 267 TITLE 50—WAR AND NATIONAL DEFENSE § 1824 physical search is carried out, the judge may as- sess compliance with the minimization proce- dures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. (e) Emergency orders (1) Notwithstanding any other provision of this subchapter, the Attorney General may au- thorize the emergency employment of a physical search if the Attorney General— (A) reasonably determines that an emer- gency situation exists with respect to the em- ployment of a physical search to obtain for- eign intelligence information before an order authorizing such physical search can with due diligence be obtained; (B) reasonably determines that the factual basis for issuance of an order under this sub- chapter to approve such physical search ex- ists; (C) informs, either personally or through a designee, a judge of the Foreign Intelligence Surveillance Court at the time of such author- ization that the decision has been made to em- ploy an emergency physical search; and (D) makes an application in accordance with this subchapter to a judge of the Foreign In- telligence Surveillance Court as soon as prac- ticable, but not more than 7 days after the At- torney General authorizes such physical search. (2) If the Attorney General authorizes the emergency employment of a physical search under paragraph (1), the Attorney General shall require that the minimization procedures re- quired by this subchapter for the issuance of a judicial order be followed. (3) In the absence of a judicial order approving such physical search, the physical search shall terminate when the information sought is ob- tained, when the application for the order is de- nied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest. (4) A denial of the application made under this subsection may be reviewed as provided in sec- tion 1803 of this title. (5) In the event that such application for ap- proval is denied, or in any other case where the physical search is terminated and no order is issued approving the physical search, no infor- mation obtained or evidence derived from such physical search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political sub- division thereof, and no information concerning any United States person acquired from such physical search shall subsequently be used or disclosed in any other manner by Federal offi- cers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (6) The Attorney General shall assess compli- ance with the requirements of paragraph (5). (f) Retention of applications and orders Applications made and orders granted under this subchapter shall be retained for a period of at least 10 years from the date of the applica- tion. (Pub. L. 95–511, title III, § 304, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3447; amended Pub. L. 106–567, title VI, § 603(b), Dec. 27, 2000, 114 Stat. 2853; Pub. L. 107–56, title II, § 207(a)(2), (b)(2), Oct. 26, 2001, 115 Stat. 282; Pub. L. 107–108, title III, § 314(a)(4), Dec. 28, 2001, 115 Stat. 1402; Pub. L. 108–458, title I, § 1071(e), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 109–177, title I, § 105(b), Mar. 9, 2006, 120 Stat. 195; Pub. L. 110–261, title I, §§ 107(b), (c)(1), 110(c)(3), July 10, 2008, 122 Stat. 2463, 2464, 2467; Pub. L. 111–259, title VIII, §§ 801(5), 806(a)(2), Oct. 7, 2010, 124 Stat. 2746, 2748; Pub. L. 118–49, § 6(g)(2), Apr. 20, 2024, 138 Stat. 873.) Editorial Notes AMENDMENTS 2024—Subsec. (d)(1)(A). Pub. L. 118–49, § 6(g)(2)(A)(i), substituted ‘‘against a foreign power’’ for ‘‘against a foreign power, as defined in paragraph (1), (2), or (3) of section 1801(a) of this title,’’. Subsec. (d)(1)(B). Pub. L. 118–49, § 6(g)(2)(A)(ii), sub- stituted ‘‘one year’’ for ‘‘120 days’’. Subsec. (d)(2), (3). Pub. L. 118–49, § 6(g)(2)(B), (C), re- designated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘Extensions of an order issued under this subchapter may be granted on the same basis as the original order upon an application for an extension and new findings made in the same manner as required for the original order, except that an exten- sion of an order under this chapter for a physical search targeted against a foreign power, as defined in paragraph (5), (6), or (7) of section 1801(a) of this title, or against a foreign power, as defined in section 1801(a)(4) of this title, that is not a United States per- son, or against an agent of a foreign power who is not a United States person, may be for a period not to ex- ceed one year if the judge finds probable cause to be- lieve that no property of any individual United States person will be acquired during the period.’’ 2010—Subsec. (b). Pub. L. 111–259, § 801(5), substituted ‘‘subsection (a)(2)’’ for ‘‘subsection (a)(3)’’. Subsec. (c)(2)(C). Pub. L. 111–259, § 806(a)(2), made technical amendment to directory language of Pub. L. 108–458. See 2004 Amendment note below. 2008—Subsec. (a). Pub. L. 110–261, § 107(b)(1), (c)(1), re- designated pars. (2) to (5) as (1) to (4), respectively, in- serted ‘‘or is about to be’’ before ‘‘owned’’ in par. (2)(B), substituted ‘‘1823(a)(6)(E)’’ for ‘‘1823(a)(7)(E)’’ in par. (4), and struck out former par. (1) which read as follows: ‘‘the President has authorized the Attorney General to approve applications for physical searches for foreign intelligence purposes;’’. Subsec. (d)(2). Pub. L. 110–261, § 110(c)(3), substituted ‘‘paragraph (5), (6), or (7) of section 1801(a)’’ for ‘‘section 1801(a)(5) or (6)’’. Subsec. (e). Pub. L. 110–261, § 107(b)(2), amended sub- sec. (e) generally. Prior to amendment, subsec. (e) re- lated to the power of the Attorney General to authorize the emergency employment of a physical search and re- quired an application be made to a judge within 72 hours after the authorization. 2006—Subsec. (d)(1)(B), (2). Pub. L. 109–177 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, as amended by Pub. L. 111–259, § 806(a)(2), substituted ‘‘Director of Na- tional Intelligence’’ for ‘‘Director of Central Intel- ligence’’. 2001—Subsec. (d)(1). Pub. L. 107–56, § 207(a)(2), sub- stituted ‘‘90 days,’’ for ‘‘forty-five days,’’ and inserted ‘‘(A)’’ after ‘‘except that’’ and ‘‘, and (B) an order under this section for a physical search targeted against an agent of a foreign power as defined in section Page 268 TITLE 50—WAR AND NATIONAL DEFENSE § 1825 1801(b)(1)(A) of this title may be for the period specified in the application or for 120 days, whichever is less’’ be- fore period at end. Subsec. (d)(2). Pub. L. 107–56, § 207(b)(2), inserted ‘‘or against an agent of a foreign power as defined in sec- tion 1801(b)(1)(A) of this title,’’ after ‘‘not a United States person,’’. Subsec. (e)(1)(A)(ii), (3)(C). Pub. L. 107–108 substituted ‘‘72 hours’’ for ‘‘24 hours’’. 2000—Subsecs. (b) to (f). Pub. L. 106–567 added subsec. (b) and redesignated former subsecs. (b) to (e) as (c) to (f), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under sec- tion 1801 of this title. EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 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 3001 of this title. EFFECTIVE DATE Section effective 90 days after Oct. 14, 1994, with ex- ception for certain physical searches approved by the Attorney General to gather foreign intelligence infor- mation, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title. § 1825. Use of information (a) Compliance with minimization procedures; lawful purposes Information acquired from a physical search conducted pursuant to this subchapter con- cerning 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 proce- dures required by this subchapter. No informa- tion acquired from a physical search pursuant to this subchapter may be used or disclosed by Fed- eral officers or employees except for lawful pur- poses. (b) Notice of search and identification of prop- erty seized, altered, or reproduced Where a physical search authorized and con- ducted pursuant to section 1824 of this title in- volves 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 pro- vide 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, al- tered, or reproduced during such search. (c) Statement for disclosure No information acquired pursuant to this sub- chapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any in- formation derived therefrom, may only be used in a criminal proceeding with the advance au- thorization 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 before any court, department, officer, agency, regu- latory body, or other authority of the United States, against an aggrieved person, any infor- mation obtained or derived from a physical search pursuant to the authority of this sub- chapter, the United States shall, prior to the trial, hearing, or the other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evi- dence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such informa- tion. (e) Notification by States or political subdivi- sions Whenever any State or political subdivision thereof intends to enter into evidence or other- wise use or disclose in any trial, hearing, or other proceeding in or before any court, depart- ment, officer, agency, regulatory body, or other authority of a State or a political subdivision thereof against an aggrieved person any infor- mation obtained or derived from a physical search pursuant to the authority of this sub- chapter, the State or political subdivision there- of shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such informa- tion. (f) Motion to suppress (1) Any person against whom evidence ob- tained or derived from a physical search to which he is an aggrieved person is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the evidence ob- tained or derived from such search on the grounds that— (A) the information was unlawfully ac- quired; or (B) the physical search was not made in con- formity with an order of authorization or ap- proval. (2) Such a motion shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the person was not aware of the grounds of the motion. (g) In camera and ex parte review by district court Whenever a court or other authority is noti- fied pursuant to subsection (d) or (e), or when- ever a motion is made pursuant to subsection