§1881d. Joint applications and concurrent authorizations

(a) Joint applications and orders

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 sections 1881b(b) and 1881c(b) of this title, orders under sections 1881b(c) and 1881c(c) of this title, as appropriate.

(b) Concurrent authorization

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) Emergency authorization

(1) Concurrent authorization

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) Use of information

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.

(Pub. L. 95–511, title VII, §705, as added Pub. L. 110–261, title I, §101(a)(2), July 10, 2008, 122 Stat. 2457 ; amended Pub. L. 115–118, title I, §105, Jan. 19, 2018, 132 Stat. 13 .)

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.