U.S. Code » Title 50 » Chapter CHAPTER 36— FOREIGN INTELLIGENCE SURVEILLANCE › Subchapter SUBCHAPTER II— PHYSICAL SEARCHES

50 U.S.C. § 1821

Definitions

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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, 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 72 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, § 301, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3443; amended Pub. L. 107–108, title III, § 314(a)(3), Dec. 28, 2001, 115 Stat. 1402; Pub. L. 110–261, title I, § 110(c)(2), July 10, 2008, 122 Stat. 2467; Pub. L. 111–259, title VIII, § 801(4), Oct. 7, 2010, 124 Stat. 2746.)Editorial NotesPrior Provisions

A prior section 301 of Pub. L. 95–511 was renumbered section 701 and was set out as a note under section 1801 of this title, prior to repeal by Pub. L. 110–261.

Amendments

2010—Par. (1). Pub. L. 111–259 substituted “ ‘United States’, ‘person’, ‘weapon of mass destruction’, and ‘State’ ” for “ ‘United States’, ‘person’, ‘weapon of mass destruction’, and ‘State’ ”.

2008—Par. (1). Pub. L. 110–261 which directed the insertion of “weapon of mass destruction,” after “person,”, was executed by making the insertion after “ ‘person’,” to reflect the probable intent of Congress.

2001—Par. (4)(D). Pub. L. 107–108 substituted “72 hours” for “24 hours”.

Statutory Notes and Related SubsidiariesEffective 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 section 1801 of this title.

Effective Date

Pub. L. 103–359, title VIII, § 807(c), Oct. 14, 1994, 108 Stat. 3453, 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.”

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2002–2022 · leading case: United States v. Weissman, 447 F. Supp. 2d 538 (E.D. Va. 2006).
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United States v. Weissman, 447 F. Supp. 2d 538 (E.D. Va. 2006). · cites it 2× “3443 (1994) (codified as amended at 50 U.S.C. § 1821 et seq.). And, in 1998, Congress further amended FISA to create slightly different procedures for authorizing the use of pen registers and trap and trace devices for foreign intelligence information, see Intelligence…”
United States v. Huang, 15 F. Supp. 3d 1131 (D.N.M. 2014). · cites it 2× “§ 1801 (h) (electronic surveillance) and 50 U.S.C. § 1821 (4) (physical search); (4) the application contains all of the statements and certifications required by Section 1804 or Section 1823; and (5) if the target is a United States person, that the certifications are not…”
United States v. Abu-Jihaad, 531 F. Supp. 2d 299 (D. Conn. 2008). “§ 1801 (h) (electronic surveillance) or 50 U.S.C. § 1821 (4) (physical search); and (5) the application contains all of the statements and certifications required by § 1804 or § 1823.”
United States v. Warsame, 547 F. Supp. 2d 982 (D. Minnesota 2008). “” 50 U.S.C. § 1821 (2). 4 . Warsame also asserts that denial of disclosure would deny him his right to effective assistance of counsel.”
United States v. Sherifi, 793 F. Supp. 2d 751 (E.D.N.C. 2011). “The minimization procedures for physical searches are substantially the same, see 50 U.S.C. § 1821 (4), and there is no need to reproduce the language of the statute here.”
United States v. Mohammad, 339 F. Supp. 3d 724 (N.D. Ohio 2018). “§§ 1801 to 1813 ) deals with electronic surveillance, Title III (codified at 50 U.S.C. §§ 1821 - 1829 ) deals with physical searches, and Section 702 (part of Title VII and codified at 50 U.”
Global Relief Found., Inc. v. O'NEILL, 205 F. Supp. 2d 885 (N.D. Ill. 2002). “According to the defendants, on December 14, 2001, agents from the Federal Bureau of Investigation (“FBI”) conducted a search of the offices of Global Relief and a search of the home of its executive director, Mohammed Chehade, pursuant to the terms of the Foreign Intelligence…”
United States v. Amawi, 531 F. Supp. 2d 832 (N.D. Ohio 2008). · cites it 2× “§ 1801 (h) (electronic surveillance) or 50 U.S.C. § 1821 (4) (physical search); and • the application contains all of the statements and certifications required by section 1804 or section 1823 and, if the target is a United States person, the certifications are not clearly…”
Page v. Comey (D.D.C. 2022). “]” 50 U.S.C. § 1821 (5). 25 The Wiretap Act also serves as a useful comparison.”
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