Title 50War and National DefenseRelease 119-73

§1821 Definitions

Title 50 › Chapter CHAPTER 36— - FOREIGN INTELLIGENCE SURVEILLANCE › Subchapter SUBCHAPTER II— - PHYSICAL SEARCHES › § 1821

Last updated Apr 6, 2026|Official source

Summary

Defines key words used in this part of the law. Several 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" — keep the same meanings they have in section 1801. "Aggrieved person" means someone whose place, property, information, or material was physically searched or was the target of such a search. "Foreign Intelligence Surveillance Court" is the special court set up under section 1803(a). "Minimization procedures" are rules the Attorney General must create to limit collecting, keeping, and sharing nonpublic information about U.S. persons during a physical search while still letting authorities get needed foreign intelligence. These rules say non-foreign-intelligence nonpublic information should not be shared in a way that names a U.S. person without consent unless the identity is needed. The rules also let agents keep or share evidence of crimes for law enforcement. For searches approved under section 1822(a), no U.S. person’s information may be used, shared, or kept longer than 72 hours unless a court order under section 1824 is obtained or there is a threat of death or serious bodily harm. "Physical search" means any physical intrusion inside U.S. premises meant to seize, copy, inspect, or change information, material, or property where someone would expect privacy and a warrant would be needed, but it does not include "electronic surveillance" as defined in section 1801(f) or certain foreign-intelligence collection from foreign communications or foreign electronic systems done under other federal law by non-electronic-surveillance means.

Full Legal Text

Title 50, §1821

War and National Defense — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior 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 Subsidiaries

Effective Date

of 2008 AmendmentAmendment 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.”

Reference

Citations & Metadata

Citation

50 U.S.C. § 1821

Title 50War and National Defense

Last Updated

Apr 6, 2026

Release point: 119-73