
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-108 Section 314(a)(3)]
[CITE: 50USC1821]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
              CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE
 
                    SUBCHAPTER II--PHYSICAL SEARCHES
 
Sec. 1821. Definitions

    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'', and ``State'' shall have the same 
    meanings as in section 1801 of this title, 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.
        (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, 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, 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 24 hours unless a court order under 
        section 1824 of this title 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, 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.

(Pub. L. 95-511, title III, Sec. 301, as added Pub. L. 103-359, title 
VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3443.)


                            Prior Provisions

    A prior section 301 of Pub. L. 95-511 was renumbered section 601 and 
is set out as a note under section 1801 of this title.


                             Effective Date

    Section 807(c) of Pub. L. 103-359 provided that: ``The amendments 
made by subsections (a) and (b) [enacting this subchapter and amending 
provisions set out as a note under section 1801 of this title] shall 
take effect 90 days after the date of enactment of this Act [Oct. 14, 
1994], except that any physical search approved by the Attorney General 
of the United States to gather foreign intelligence information shall 
not be deemed unlawful for failure to follow the procedures of title III 
of the Foreign Intelligence Surveillance Act of 1978 [this subchapter] 
(as added by this Act), if that search is conducted within 180 days 
after the date of enactment of this Act pursuant to regulations issued 
by the Attorney General, which were in the possession of the Select 
Committee on Intelligence of the Senate and the Permanent Select 
Committee on Intelligence of the House of Representatives before the 
date of enactment of this Act.''

                  Section Referred to in Other Sections

    This section is referred to in section 1822 of this title.
