Title 50War and National DefenseRelease 119-73not60

§1881d Joint Applications and Concurrent Authorizations

Title 50 › Chapter 36— FOREIGN INTELLIGENCE SURVEILLANCE › Subchapter VI— ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES › § 1881d

Last updated Apr 5, 2026|Official source

Summary

A judge can sign both kinds of orders at the same time if the government asks and follows the joint-application rules in sections 1881b(b) and 1881c(b), when a plan would target a United States person both inside and outside the United States under 1881b or 1881c. If a court order for electronic surveillance or a physical search already exists under section 1805 or 1824, the Attorney General may allow targeting that United States person for foreign intelligence while the person is reasonably believed to be outside the United States without a separate 1881b or 1881c order. The same is true for emergency authorizations made under section 1805 or 1824 for their effective period and any subsequent order. If an application made under section 1804 or 1823 is denied, or if an emergency acquisition ends and no order is issued under section 1805 or 1824, any information or evidence obtained must be handled under section 1881c(d)(4).

Full Legal Text

Title 50, §1881d

War and National Defense — Source: USLM XML via OLRC

(a)If an acquisition targeting a United States person under section 1881b or 1881c of this title is proposed to be conducted both inside and outside the United States, a judge having jurisdiction under section 1881b(a)(1) or 1881c(a)(1) of this title may issue simultaneously, upon the request of the Government in a joint application complying with the requirements of section 1881b(b) and 1881c(b) of this title, orders under section 1881b(c) and 1881c(c) of this title, as appropriate.
(b)If an order authorizing electronic surveillance or physical search has been obtained under section 1805 or 1824 of this title, the Attorney General may authorize, for the effective period of that order, without an order under section 1881b or 1881c of this title, the targeting of that United States person for the purpose of acquiring foreign intelligence information while such person is reasonably believed to be located outside the United States.
(c)(1)If the Attorney General authorized the emergency employment of electronic surveillance or a physical search pursuant to section 1805 or 1824 of this title, the Attorney General may authorize, for the effective period of the emergency authorization and subsequent order pursuant to section 1805 or 1824 of this title, without a separate order under section 1881b or 1881c of this title, the targeting of a United States person subject to such emergency employment for the purpose of acquiring foreign intelligence information while such United States person is reasonably believed to be located outside the United States.
(2)If an application submitted to the Court pursuant to section 1804 or 1823 of this title is denied, or in any other case in which the acquisition pursuant to paragraph (1) is terminated and no order with respect to the target of the acquisition is issued under section 1805 or 1824 of this title, all information obtained or evidence derived from such acquisition shall be handled in accordance with section 1881c(d)(4) of this title.

Legislative History

Notes & Related Subsidiaries

Repeal of Section Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of this title, effective two years after Apr. 20, 2024, this section is repealed.

Editorial Notes

Amendments

2018—Subsec. (c). Pub. L. 115–118 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of Repeal Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(1), Apr. 20, 2024, 138 Stat. 891, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the

Repeals

made by section 403(b)(1) are effective two years after Apr. 20, 2024.

Reference

Citations & Metadata

Citation

50 U.S.C. § 1881d

Title 50War and National Defense

Last Updated

Apr 5, 2026

Release point: 119-73not60