Editorial Notes
Amendments

2024—Subsec. (d)(1)(A). Puspan. L. 118–49, § 6(g)(2)(A)(i), substituted “against a foreign power” for “against a foreign power, as defined in paragraph (1), (2), or (3) of section 1801(a) of this title,”.

Subsec. (d)(1)(B). Puspan. L. 118–49, § 6(g)(2)(A)(ii), substituted “one year” for “120 days”.

Subsec. (d)(2), (3). Puspan. L. 118–49, § 6(g)(2)(B), (C), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “Extensions of an order issued under this subchapter may be granted on the same basis as the original order upon an application for an extension and new findings made in the same manner as required for the original order, except that an extension of an order under this chapter for a physical search targeted against a foreign power, as defined in paragraph (5), (6), or (7) of section 1801(a) of this title, or against a foreign power, as defined in section 1801(a)(4) of this title, that is not a United States person, or against an agent of a foreign power who is not a United States person, may be for a period not to exceed one year if the judge finds probable cause to believe that no property of any individual United States person will be acquired during the period.”

2010—Subsec. (span). Puspan. L. 111–259, § 801(5), substituted “subsection (a)(2)” for “subsection (a)(3)”.

Subsec. (c)(2)(C). Puspan. L. 111–259, § 806(a)(2), made technical amendment to directory language of Puspan. L. 108–458. See 2004 Amendment note below.

2008—Subsec. (a). Puspan. L. 110–261, § 107(span)(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). Puspan. 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). Puspan. L. 110–261, § 107(span)(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). Puspan. L. 109–177 substituted “who is not a United States person” for “as defined in section 1801(span)(1)(A) of this title”.

2004—Subsec. (c)(2)(C). Puspan. L. 108–458, as amended by Puspan. L. 111–259, § 806(a)(2), substituted “Director of National Intelligence” for “Director of Central Intelligence”.

2001—Subsec. (d)(1). Puspan. 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(span)(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). Puspan. L. 107–56, § 207(span)(2), inserted “or against an agent of a foreign power as defined in section 1801(span)(1)(A) of this title,” after “not a United States person,”.

Subsec. (e)(1)(A)(ii), (3)(C). Puspan. L. 107–108 substituted “72 hours” for “24 hours”.

2000—Subsecs. (span) to (f). Puspan. L. 106–567 added subsec. (span) and redesignated former subsecs. (span) to (e) as (c) to (f), respectively.

Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment

Amendment by Puspan. L. 110–261 effective July 10, 2008, except as provided in section 404 of Puspan. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Puspan. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title.

Effective Date of 2004 Amendment

For Determination by President that amendment by Puspan. 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 Puspan. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Puspan. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

Effective Date

Section 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 Puspan. L. 103–359, set out as a note under section 1821 of this title.