
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-567 Section 603(b)]
[Document affected by Public Law 107-108 Section 314(a)(4)]
[Document affected by Public Law 107-56 Section 207(a)(2)]
[Document affected by Public Law 107-56 Section 207(b)(2)]
[CITE: 50USC1824]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
              CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE
 
                    SUBCHAPTER II--PHYSICAL SEARCHES
 
Sec. 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 
approving the physical search if the judge finds that--
        (1) the President has authorized the Attorney General to approve 
    applications for physical searches for foreign intelligence 
    purposes;
        (2) the application has been made by a Federal officer and 
    approved by the Attorney General;
        (3) 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 owned, used, 
        possessed by, or is in transit to or from an agent of a foreign 
        power or a foreign power;

        (4) the proposed minimization procedures meet the definition of 
    minimization contained in this subchapter; and
        (5) the application which has been filed contains all statements 
    and certifications required by section 1823 of this title, 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)(7)(E) of this title and any 
    other information furnished under section 1823(c) of this title.

(b) 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 physical 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 forthwith 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 Central Intelligence any records concerning the 
        search or the aid furnished 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 physical search.

(c) Duration of order; extensions; assessment of compliance

    (1) An order issued under this section may approve a physical search 
for the period necessary to achieve its purpose, or for forty-five days, 
whichever is less, except that an order under this section shall approve 
a physical search targeted against a foreign power, as defined in 
paragraph (1), (2), or (3) of section 1801(a) of this title, for the 
period specified in the application or for one year, whichever is less.
    (2) 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 extension of an order under this 
chapter for a physical search targeted against a foreign power, as 
defined in section 1801(a)(5) or (6) of this title, or against a foreign 
power, as defined in section 1801(a)(4) of this title, that is not a 
United States person, may be for a period not to exceed one year if the 
judge finds probable cause to believe that no property of any individual 
United States person will be acquired during the period.
    (3) 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 
physical search is carried out, the judge may assess compliance with the 
minimization procedures by reviewing the circumstances under which 
information concerning United States persons was acquired, retained, or 
disseminated.

(d) Emergency orders

    (1)(A) Notwithstanding any other provision of this subchapter, 
whenever the Attorney General reasonably makes the determination 
specified in subparagraph (B), the Attorney General may authorize the 
execution of an emergency physical search if--
        (i) a judge having jurisdiction under section 1803 of this title 
    is informed by the Attorney General or the Attorney General's 
    designee at the time of such authorization that the decision has 
    been made to execute an emergency search, and
        (ii) an application in accordance with this subchapter is made 
    to that judge as soon as practicable but not more than 24 hours 
    after the Attorney General authorizes such search.

    (B) The determination referred to in subparagraph (A) is a 
determination that--
        (i) an emergency situation exists with respect to the execution 
    of a physical search to obtain foreign intelligence information 
    before an order authorizing such search can with due diligence be 
    obtained, and
        (ii) the factual basis for issuance of an order under this 
    subchapter to approve such a search exists.

    (2) If the Attorney General authorizes an emergency search under 
paragraph (1), the Attorney General shall require that the minimization 
procedures required by this subchapter for the issuance of a judicial 
order be followed.
    (3) In the absence of a judicial order approving such a physical 
search, the search shall terminate the earlier of--
        (A) the date on which the information sought is obtained;
        (B) the date on which the application for the order is denied; 
    or
        (C) the expiration of 24 hours from the time of authorization by 
    the Attorney General.

    (4) In the event that such application for approval is denied, or in 
any other case where the physical search is terminated and no order is 
issued approving the search, no information obtained or evidence derived 
from such 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 subdivision thereof, and no information concerning any United 
States person acquired from such search shall subsequently be used or 
disclosed in any other manner by Federal officers 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. A denial of the application made under this 
subsection may be reviewed as provided in section 1822 of this title.

(e) 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 
application.

(Pub. L. 95-511, title III, Sec. 304, as added Pub. L. 103-359, title 
VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3447.)

                       References in Text

    This chapter, referred to in subsec. (c)(2), was in the original 
``this Act'', meaning Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as 
amended, which is classified principally to this chapter. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1801 of this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 1821, 1822, 1823, 1825 of 
this title.
