§ 1821. Definitions
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/usc/title-50/section-1821A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.)
Connections31 cite this · traces to 4
Cited by 31 sections · top 26
U.S. Code
- § 1881aProcedures for targeting certain persons outside the United States other than United States persons
- § 1808Report of Attorney General to Congressional committees; limitation on authority or responsibility of information gathering activities of Congressional committees; report of Congressional committees to Congress
- § 1825Use of information
- § 1823Application for order
- § 1824Issuance of order
- § 1826Congressional oversight
- § 1822Authorization of physical searches for foreign intelligence purposes
- § 1827Penalties
- § 1828Civil liability
- § 1829Authorization during time of war
statutes-at-large
- Public Law 107–108To authorize appropriations for fiscal year 2002 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes
- Public Law 109–177To extend and modify authorities needed to combat terrorism, and for other purposes
- Public Law 111–259To authorize appropriations for fiscal year 2010 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes
- Public Law 110–261To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain acquisitions of foreign intelligence, and for other purposes
statute-compilations
- Sec. 314TECHNICAL AMENDMENTS
- Sec. 807PROVIDING A COURT ORDER PROCESS FOR PHYSICAL SEARCHES UNDERTAKEN FOR FOREIGN INTELLIGENCE PURPOSES
- Sec. 106AAUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE PURPOSES
- Sec. 801TECHNICAL AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
- Sec. 301definitions
bill
- Sec. 2Inclusion of additional committees in certain reports under the Foreign Intelligence Surveillance Act of 1978
- Sec. 102Limitation on collection and improvements to targeting procedures and minimization procedures
- Sec. 103Limitation on collection and improvements to targeting procedures and minimization procedures
- Sec. 502Physical searches within the United States for foreign intelligence purposes
- Sec. 502Physical searches within the United States for foreign intelligence purposes
- Sec. 205Prohibition on avoiding disclosure obligations through parallel construction
- Sec. 205Prohibition on avoiding disclosure obligations through parallel construction
17 references not yet in our index
- Pub. L. 95–511, title III, § 301
- Pub. L. 103–359, title VIII, § 807(a)(3)
- 108 Stat. 3443
- Pub. L. 107–108, title III, § 314(a)(3)
- 115 Stat. 1402
- Pub. L. 110–261, title I, § 110(c)(2)
- 122 Stat. 2467
- Pub. L. 111–259, title VIII, § 801(4)
- 124 Stat. 2746
- section 301 of Pub. L. 95–511
- Pub. L. 110–261
- Pub. L. 111–259
- Pub. L. 107–108
- section 404 of Pub. L. 110–261
- section 402 of Pub. L. 110–261
- Pub. L. 103–359, title VIII, § 807(c)
- 108 Stat. 3453
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cites case law
§ 1821
Definitions
U.S.C.×13
Bills×9
Stat. Comp.×5
Stat.×4
Pub. L.Pub. L. 95–511, title III, § 301
Pub. L.Pub. L. 103–359, title VIII, § 807(a)(3)
Stat.108 Stat. 3443
Pub. L.Pub. L. 107–108, title III, § 314(a)(3)
Stat.115 Stat. 1402
Cites 21 · showing 9Cited by 31 across 4 sources