Upon an application made pursuant to section 1823 of this title, the judge shall enter an ex parte order as requested or as modified approving the physical search if the judge finds that-
In determining whether or not probable cause exists for purposes of an order under subsection (a)(2), a judge may consider past activities of the target, as well as facts and circumstances relating to current or future activities of the target.
An order approving a physical search under this section shall-
Applications made and orders granted under this subchapter shall be retained for a period of at least 10 years from the date of the application.
50 U.S.C. § 1824
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsec. (d)(2), was in the original "this Act", meaning Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
AMENDMENTS2010-Subsec. (b). Pub. L. 111-259, §801(5), substituted "subsection (a)(2)" for "subsection (a)(3)".Subsec. (c)(2)(C). Pub. L. 111-259, §806(a)(2), made technical amendment to directory language of Pub. L. 108-458. See 2004 Amendment note below. 2008-Subsec. (a). Pub. L. 110-261, §107(b)(1), (c) (1), redesignated pars. (2) to (5) as (1) to (4), respectively, inserted "or is about to be" before "owned" in par. (2)(B), substituted "1823(a)(6)(E)" for "1823(a)(7)(E)" in par. (4), and struck out former par. (1) which read as follows: "the President has authorized the Attorney General to approve applications for physical searches for foreign intelligence purposes;".Subsec. (d)(2). Pub. L. 110-261, §110(c)(3), substituted "paragraph (5), (6), or (7) of section 1801(a)" for "section 1801(a)(5) or (6)".Subsec. (e). Pub. L. 110-261, §107(b)(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to the power of the Attorney General to authorize the emergency employment of a physical search and required an application be made to a judge within 72 hours after the authorization. 2006-Subsec. (d)(1)(B), (2). Pub. L. 109-177 substituted "who is not a United States person" for "as defined in section 1801(b)(1)(A) of this title".2004-Subsec. (c)(2)(C). Pub. L. 108-458 as amended by Pub. L. 111-259, §806(a)(2), substituted "Director of National Intelligence" for "Director of Central Intelligence". 2001-Subsec. (d)(1). Pub. L. 107-56, §207(a)(2), substituted "90 days," for "forty-five days," and inserted "(A)" after "except that" and ", and (B) an order under this section for a physical search targeted against an agent of a foreign power as defined in section 1801(b)(1)(A) of this title may be for the period specified in the application or for 120 days, whichever is less" before period at end. Subsec. (d)(2). Pub. L. 107-56, §207(b)(2), inserted "or against an agent of a foreign power as defined in section 1801(b)(1)(A) of this title," after "not a United States person,".Subsec. (e)(1)(A)(ii), (3)(C). Pub. L. 107-108 substituted "72 hours" for "24 hours". 2000-Subsecs. (b) to (f). Pub. L. 106-567 added subsec. (b) and redesignated former subsecs. (b) to (e) as (c) to (f), respectively.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Amendment 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 OF 2004 AMENDMENTFor Determination by President that amendment by Pub. L. 108-458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458 set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
EFFECTIVE DATESection effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103-359 set out as a note under section 1821 of this title.