§1821 Definitions

Summary

Defines key words used in this part. Several terms (including “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. An “aggrieved person” is someone whose place, property, information, or material was the target of a physical search or was physically searched. The “Foreign Intelligence Surveillance Court” means the court set up by section 1803(a). “Minimization procedures” are rules the Attorney General must make to limit collecting, keeping, and sharing nonpublic information about U.S. persons during physical searches. They must prevent identifying U.S. persons unless that identity is needed to understand foreign intelligence. They allow keeping or sharing evidence of crimes for law enforcement. For physical 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 the Attorney General finds a threat of death or serious bodily harm. A “physical search” means a physical entry in the United States into premises or property to seize, copy, inspect, or change information, material, or property when a person reasonably expects privacy and a warrant would be needed. It does not include “electronic surveillance” as defined in section 1801(f), or taking foreign intelligence from international or foreign communications or foreign electronic systems under other federal law when not using electronic surveillance.