50 U.S.C. § 1822 : US Code - Section 1822: Authorization of physical searches for foreign intelligence purposes

Search 50 U.S.C. § 1822 : US Code - Section 1822: Authorization of physical searches for foreign intelligence purposes

(a) Presidential authorization
(1) Notwithstanding any other provision of law, the President,
acting through the Attorney General, may authorize physical
searches without a court order under this subchapter to acquire
foreign intelligence information for periods of up to one year if -

(A) the Attorney General certifies in writing under oath that -

(i) the physical search is solely directed at premises,
information, material, or property used exclusively by, or
under the open and exclusive control of, a foreign power or
powers (as defined in section 1801(a)(1), (2), or (3) of this
title);
(ii) there is no substantial likelihood that the physical
search will involve the premises, information, material, or
property of a United States person; and
(iii) the proposed minimization procedures with respect to
such physical search meet the definition of minimization
procedures under paragraphs (1) through (4) (!1) of section
1821(4) of this title; and
(B) the Attorney General reports such minimization procedures
and any changes thereto to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate at least 30 days before
their effective date, unless the Attorney General determines that
immediate action is required and notifies the committees
immediately of such minimization procedures and the reason for
their becoming effective immediately.
(2) A physical search authorized by this subsection may be
conducted only in accordance with the certification and
minimization procedures adopted by the Attorney General. The
Attorney General shall assess compliance with such procedures and
shall report such assessments to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate under the provisions of
section 1826 of this title.
(3) The Attorney General shall immediately transmit under seal to
the Foreign Intelligence Surveillance Court a copy of the
certification. Such certification shall be maintained under
security measures established by the Chief Justice of the United
States with the concurrence of the Attorney General, in
consultation with the Director of National Intelligence, and shall
remain sealed unless -
(A) an application for a court order with respect to the
physical search is made under section 1821(4) of this title and
section 1823 of this title; or
(B) the certification is necessary to determine the legality of
the physical search under section 1825(g) of this title.
(4)(A) With respect to physical searches authorized by this
subsection, the Attorney General may direct a specified landlord,
custodian, or other specified person to -
(i) furnish all information, facilities, or assistance
necessary to accomplish the physical search in such a manner as
will protect its secrecy and produce a minimum of interference
with the services that such landlord, custodian, or other person
is providing the target of the physical search; and
(ii) maintain under security procedures approved by the
Attorney General and the Director of National Intelligence any
records concerning the search or the aid furnished that such
person wishes to retain.
(B) The Government shall compensate, at the prevailing rate, such
landlord, custodian, or other person for furnishing such aid.
(b) Application for order; authorization
Applications for a court order under this subchapter are
authorized if the President has, by written authorization,
empowered the Attorney General to approve applications to the
Foreign Intelligence Surveillance Court. Notwithstanding any other
provision of law, a judge of the court to whom application is made
may grant an order in accordance with section 1824 of this title
approving a physical search in the United States of the premises,
property, information, or material of a foreign power or an agent
of a foreign power for the purpose of collecting foreign
intelligence information.
(c) Jurisdiction of Foreign Intelligence Surveillance Court
The Foreign Intelligence Surveillance Court shall have
jurisdiction to hear applications for and grant orders approving a
physical search for the purpose of obtaining foreign intelligence
information anywhere within the United States under the procedures
set forth in this subchapter, except that no judge shall hear the
same application which has been denied previously by another judge
designated under section 1803(a) of this title. If any judge so
designated denies an application for an order authorizing a
physical search under this subchapter, such judge shall provide
immediately for the record a written statement of each reason for
such decision and, on motion of the United States, the record shall
be transmitted, under seal, to the court of review established
under section 1803(b) of this title.
(d) Court of review; record; transmittal to Supreme Court
The court of review established under section 1803(b) of this
title shall have jurisdiction to review the denial of any
application made under this subchapter. If such court determines
that the application was properly denied, the court shall
immediately provide for the record a written statement of each
reason for its decision and, on petition of the United States for a
writ of certiorari, the record shall be transmitted under seal to
the Supreme Court, which shall have jurisdiction to review such
decision.
(e) Expeditious conduct of proceedings; security measures for
maintenance of records
Judicial proceedings under this subchapter shall be concluded as
expeditiously as possible. The record of proceedings under this
subchapter, including applications made and orders granted, shall
be maintained under security measures established by the Chief
Justice of the United States in consultation with the Attorney
General and the Director of National Intelligence.