
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC1822]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
              CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE
 
                    SUBCHAPTER II--PHYSICAL SEARCHES
 
Sec. 1822. Authorization of physical searches for foreign 
        intelligence purposes
        

(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 paragraphs (1) through (4) \1\ of section 
        1821(4) of this title; and
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``subparagraphs (A) through 
(D)''.

        (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.
    (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 Central 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 and 
    section 1823 of this title; or
        (B) the certification is necessary to determine the legality of 
    the physical search under section 1825(g) of this title.

    (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 Central 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 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 shall hear the same application which 
has been denied previously by another judge designated under section 
1803(a) of this title. 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.

(d) Court of review; record; transmittal to Supreme Court

    The court of review established under section 1803(b) of this title 
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 immediately 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 Central Intelligence.

(Pub. L. 95-511, title III, Sec. 302, as added Pub. L. 103-359, title 
VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3444.)

       Ex. Ord. No. 12949. Foreign Intelligence Physical Searches

    Ex. Ord. No. 12949, Feb. 9, 1995, 60 F.R. 8169, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States, including sections 302 and 303 of the 
Foreign Intelligence Surveillance Act of 1978 (``Act'') (50 U.S.C. 1801, 
et seq.), as amended by Public Law 103-359 [50 U.S.C. 1822, 1823], and 
in order to provide for the authorization of physical searches for 
foreign intelligence purposes as set forth in the Act, it is hereby 
ordered as follows:
    Section 1. Pursuant to section 302(a)(1) of the Act, the Attorney 
General is authorized to approve physical searches, without a court 
order, to acquire foreign intelligence information for periods of up to 
one year, if the Attorney General makes the certifications required by 
that section.
    Sec. 2. Pursuant to section 302(b) of the Act, the Attorney General 
is authorized to approve applications to the Foreign Intelligence 
Surveillance Court under section 303 of the Act to obtain orders for 
physical searches for the purpose of collecting foreign intelligence 
information.
    Sec. 3. Pursuant to section 303(a)(7) of the Act, the following 
officials, each of whom is employed in the area of national security or 
defense, is designated to make the certifications required by section 
303(a)(7) of the Act in support of applications to conduct physical 
searches:
        (a) Secretary of State;
        (b) Secretary of Defense;
        (c) Director of Central Intelligence;
        (d) Director of the Federal Bureau of Investigation,
        (e) Deputy Secretary of State;
        (f) Deputy Secretary of Defense; and
        (g) Deputy Director of Central Intelligence.
None of the above officials, nor anyone officially acting in that 
capacity, may exercise the authority to make the above certifications, 
unless that official has been appointed by the President, by and with 
the advice and consent of the Senate.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in sections 1821, 1824 of this title.
