---
kind: "section"
citation: "50 U.S.C. § 1881b"
title: "50"
title_heading: "War and National Defense"
number: "1881b"
heading: "Certain acquisitions inside the United States targeting United States persons outside the United States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/1881b"
units:
  - "Chapter 36 — Foreign Intelligence Surveillance"
  - "Subchapter VI — Additional Procedures Regarding Certain Persons Outside the United States"
---

# §1881b. Certain acquisitions inside the United States targeting United States persons outside the United States

- (a) **Jurisdiction of the Foreign Intelligence Surveillance Court—**
  - (1) **In general—** The [Foreign Intelligence Surveillance Court](/usc/50/1881.md?p=b-2) shall have jurisdiction to review an application and to enter an order approving the targeting of a [United States person](/usc/50/1881.md?p=a) reasonably believed to be located outside the [United States](/usc/50/1881.md?p=a) to acquire [foreign intelligence information](/usc/50/1881.md?p=a), if the acquisition constitutes [electronic surveillance](/usc/50/1881.md?p=a) or the acquisition of stored electronic communications or stored electronic data that requires an order under this chapter, and such acquisition is conducted within the [United States](/usc/50/1881.md?p=a).
  - (2) **Limitation—** If a [United States person](/usc/50/1881.md?p=a) targeted under this subsection is reasonably believed to be located in the [United States](/usc/50/1881.md?p=a) during the effective period of an order issued pursuant to [subsection (c)](#c), an acquisition targeting such [United States person](/usc/50/1881.md?p=a) under this section shall cease unless the targeted [United States person](/usc/50/1881.md?p=a) is again reasonably believed to be located outside the [United States](/usc/50/1881.md?p=a) while an order issued pursuant to [subsection (c)](#c) is in effect. Nothing in this section shall be construed to limit the authority of the Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other subchapter of this chapter.
- (b) **Application—**
  - (1) **In general—** Each application for an order under this section shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under [subsection (a)(1)](#a-1). Each application shall require the approval of the [Attorney General](/usc/50/1881.md?p=a) based upon the [Attorney General](/usc/50/1881.md?p=a)’s finding that it satisfies the criteria and requirements of such application, as set forth in this section, and shall include—
    - (A) the identity of the Federal officer making the application;
    - (B) the identity, if known, or a description of the [United States person](/usc/50/1881.md?p=a) who is the target of the acquisition;
    - (C) a sworn statement of the facts and circumstances relied upon to justify the applicant’s belief that the [United States person](/usc/50/1881.md?p=a) who is the target of the acquisition is—
      - (i) a [person](/usc/50/1881.md?p=a) reasonably believed to be located outside the [United States](/usc/50/1881.md?p=a); and
      - (ii) a [foreign power](/usc/50/1881.md?p=a), an [agent of a foreign power](/usc/50/1881.md?p=a), or an officer or employee of a [foreign power](/usc/50/1881.md?p=a);
    - (D) a statement of proposed minimization procedures that meet the definition of minimization procedures under section [1801(h)](/usc/50/1801.md?p=h) or [1821(4)](/usc/50/1821.md?p=4) of this title, as appropriate;
    - (E) a description of the nature of the information sought and the type of communications or activities to be subjected to acquisition;
    - (F) a certification made by the [Attorney General](/usc/50/1881.md?p=a) or an official specified in [section 1804(a)(6) of this title](/usc/50/1804.md?p=a-6) that—
      - (i) the certifying official deems the information sought to be [foreign intelligence information](/usc/50/1881.md?p=a);
      - (ii) a significant purpose of the acquisition is to obtain [foreign intelligence information](/usc/50/1881.md?p=a);
      - (iii) such information cannot reasonably be obtained by normal investigative techniques;
      - (iv) designates the type of [foreign intelligence information](/usc/50/1881.md?p=a) being sought according to the categories described in [section 1801(e) of this title](/usc/50/1801.md?p=e); and
      - (v) includes a statement of the basis for the certification that—
        - (I) the information sought is the type of [foreign intelligence information](/usc/50/1881.md?p=a) designated; and
        - (II) such information cannot reasonably be obtained by normal investigative techniques;
    - (G) a summary statement of the means by which the acquisition will be conducted and whether physical entry is required to effect the acquisition;
    - (H) the identity of any [electronic communication service provider](/usc/50/1881.md?p=b-4) necessary to effect the acquisition, provided that the application is not required to identify the specific facilities, places, premises, or property at which the acquisition authorized under this section will be directed or conducted;
    - (I) a statement of the facts concerning any previous applications that have been made to any judge of the [Foreign Intelligence Surveillance Court](/usc/50/1881.md?p=b-2) involving the [United States person](/usc/50/1881.md?p=a) specified in the application and the action taken on each previous application;
    - (J) a statement of the period of time for which the acquisition is required to be maintained, provided that such period of time shall not exceed 90 days per application;
    - (K) a certification by the applicant that, to the best knowledge of the applicant, the [Attorney General](/usc/50/1881.md?p=a) or a designated attorney for the Government has been apprised of all information that might reasonably—
      - (i) call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or
      - (ii) otherwise raise doubts with respect to the findings required under [subsection (c)](#c); and
    - (L) non-cumulative information known to the applicant or declarant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.
  - (2) **Other requirements of the Attorney General—** The [Attorney General](/usc/50/1881.md?p=a) may require any other affidavit or certification from any other officer in connection with the application.
  - (3) **Other requirements of the judge—** The judge may require the applicant to furnish such other information as may be necessary to make the findings required by [subsection (c)(1)](#c-1).
- (c) **Order—**
  - (1) **Findings—** Upon an application made pursuant to [subsection (b)](#b), the [Foreign Intelligence Surveillance Court](/usc/50/1881.md?p=b-2) shall enter an ex parte order as requested or as modified by the [Court](/usc/50/1881.md?p=b-2) approving the acquisition if the [Court](/usc/50/1881.md?p=b-2) finds that—
    - (A) the application has been made by a Federal officer and approved by the [Attorney General](/usc/50/1881.md?p=a);
    - (B) on the basis of the facts submitted by the applicant, for the [United States person](/usc/50/1881.md?p=a) who is the target of the acquisition, there is probable cause to believe that the target is—
      - (i) a [person](/usc/50/1881.md?p=a) reasonably believed to be located outside the [United States](/usc/50/1881.md?p=a); and
      - (ii) a [foreign power](/usc/50/1881.md?p=a), an [agent of a foreign power](/usc/50/1881.md?p=a), or an officer or employee of a [foreign power](/usc/50/1881.md?p=a);
    - (C) the proposed minimization procedures meet the definition of minimization procedures under section [1801(h)](/usc/50/1801.md?p=h) or [1821(4)](/usc/50/1821.md?p=4) of this title, as appropriate; and
    - (D) the application that has been filed contains all statements and certifications required by [subsection (b)](#b) and the certification or certifications are not clearly erroneous on the basis of the statement made under [subsection (b)(1)(F)(v)](#b-1-F-v) and any other information furnished under [subsection (b)(3)](#b-3).
  - (2) **Probable cause—** In determining whether or not probable cause exists for purposes of [paragraph (1)(B)](#c-1-B), a judge having jurisdiction under [subsection (a)(1)](#a-1) may consider past activities of the target and facts and circumstances relating to current or future activities of the target. No [United States person](/usc/50/1881.md?p=a) may be considered a [foreign power](/usc/50/1881.md?p=a), [agent of a foreign power](/usc/50/1881.md?p=a), or officer or employee of a [foreign power](/usc/50/1881.md?p=a) solely upon the basis of activities protected by the first amendment to the Constitution of the [United States](/usc/50/1881.md?p=a).
  - (3) **Review—**
    - (A) **Limitation on review—** Review by a judge having jurisdiction under [subsection (a)(1)](#a-1) shall be limited to that required to make the findings described in [paragraph (1)](#c-1).
    - (B) **Review of probable cause—** If the judge determines that the facts submitted under [subsection (b)](#b) are insufficient to establish probable cause under [paragraph (1)(B)](#c-1-B), the judge shall enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph pursuant to [subsection (f)](#f).
    - (C) **Review of minimization procedures—** If the judge determines that the proposed minimization procedures referred to in [paragraph (1)(C)](#c-1-C) do not meet the definition of minimization procedures under section [1801(h)](/usc/50/1801.md?p=h) or [1821(4)](/usc/50/1821.md?p=4) of this title, as appropriate, the judge shall enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph pursuant to [subsection (f)](#f).
    - (D) **Review of certification—** If the judge determines that an application pursuant to [subsection (b)](#b) does not contain all of the required elements, or that the certification or certifications are clearly erroneous on the basis of the statement made under [subsection (b)(1)(F)(v)](#b-1-F-v) and any other information furnished under [subsection (b)(3)](#b-3), the judge shall enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph pursuant to [subsection (f)](#f).
  - (4) **Specifications—** An order approving an acquisition under this subsection shall specify—
    - (A) the identity, if known, or a description of the [United States person](/usc/50/1881.md?p=a) who is the target of the acquisition identified or described in the application pursuant to [subsection (b)(1)(B)](#b-1-B);
    - (B) if provided in the application pursuant to [subsection (b)(1)(H)](#b-1-H), the nature and location of each of the facilities or places at which the acquisition will be directed;
    - (C) the nature of the information sought to be acquired and the type of communications or activities to be subjected to acquisition;
    - (D) a summary of the means by which the acquisition will be conducted and whether physical entry is required to effect the acquisition; and
    - (E) the period of time during which the acquisition is approved.
  - (5) **Directives—** An order approving an acquisition under this subsection shall direct—
    - (A) that the minimization procedures referred to in [paragraph (1)(C)](#c-1-C), as approved or modified by the [Court](/usc/50/1881.md?p=b-2), be followed;
    - (B) if applicable, an [electronic communication service provider](/usc/50/1881.md?p=b-4) to provide to the Government forthwith all information, facilities, or assistance necessary to accomplish the acquisition authorized under such order in a manner that will protect the secrecy of the acquisition and produce a minimum of interference with the services that such [electronic communication service provider](/usc/50/1881.md?p=b-4) is providing to the target of the acquisition;
    - (C) if applicable, an [electronic communication service provider](/usc/50/1881.md?p=b-4) to maintain under security procedures approved by the [Attorney General](/usc/50/1881.md?p=a) any records concerning the acquisition or the aid furnished that such [electronic communication service provider](/usc/50/1881.md?p=b-4) wishes to maintain; and
    - (D) if applicable, that the Government compensate, at the prevailing rate, such [electronic communication service provider](/usc/50/1881.md?p=b-4) for providing such information, facilities, or assistance.
  - (6) **Duration—** An order approved under this subsection shall be effective for a period not to exceed 90 days and such order may be renewed for additional 90-day periods upon submission of renewal applications meeting the requirements of [subsection (b)](#b).
  - (7) **Compliance—** At or prior to the end of the period of time for which an acquisition is approved by an order or extension under this section, the judge may assess compliance with the minimization procedures referred to in [paragraph (1)(C)](#c-1-C) by reviewing the circumstances under which information concerning [United States persons](/usc/50/1881.md?p=a) was acquired, retained, or disseminated.
- (d) **Emergency authorization—**
  - (1) **Authority for emergency authorization—** Notwithstanding any other provision of this chapter, if the [Attorney General](/usc/50/1881.md?p=a) reasonably determines that—
    - (A) an emergency situation exists with respect to the acquisition of [foreign intelligence information](/usc/50/1881.md?p=a) for which an order may be obtained under [subsection (c)](#c) before an order authorizing such acquisition can with due diligence be obtained, and
    - (B) the factual basis for issuance of an order under this subsection to approve such acquisition exists,

    the [Attorney General](/usc/50/1881.md?p=a) may authorize such acquisition if a judge having jurisdiction under [subsection (a)(1)](#a-1) is informed by the [Attorney General](/usc/50/1881.md?p=a), or a designee of the [Attorney General](/usc/50/1881.md?p=a), at the time of such authorization that the decision has been made to conduct such acquisition and if an application in accordance with this section is made to a judge of the [Foreign Intelligence Surveillance Court](/usc/50/1881.md?p=b-2) as soon as practicable, but not more than 7 days after the [Attorney General](/usc/50/1881.md?p=a) authorizes such acquisition.

  - (2) **Minimization procedures—** If the [Attorney General](/usc/50/1881.md?p=a) authorizes an acquisition under [paragraph (1)](#d-1), the [Attorney General](/usc/50/1881.md?p=a) shall require that the minimization procedures referred to in [subsection (c)(1)(C)](#c-1-C) for the issuance of a judicial order be followed.
  - (3) **Termination of emergency authorization—** In the absence of a judicial order approving an acquisition under [paragraph (1)](#d-1), such acquisition shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the [Attorney General](/usc/50/1881.md?p=a), whichever is earliest.
  - (4) **Use of information—** If an application for approval submitted pursuant to [paragraph (1)](#d-1) is denied, or in any other case where the acquisition is terminated and no order is issued approving the acquisition, no information obtained or evidence derived from such acquisition, except under circumstances in which the target of the acquisition is determined not to be a [United States person](/usc/50/1881.md?p=a), shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any [court](/usc/50/1881.md?p=b-2), grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the [United States](/usc/50/1881.md?p=a), a State, or political subdivision thereof, and no information concerning any [United States person](/usc/50/1881.md?p=a) acquired from such acquisition shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such [person](/usc/50/1881.md?p=a), except with the approval of the [Attorney General](/usc/50/1881.md?p=a) if the information indicates a threat of death or serious bodily harm to any [person](/usc/50/1881.md?p=a).
- (e) **Release from liability—** No cause of action shall lie in any [court](/usc/50/1881.md?p=b-2) against any [electronic communication service provider](/usc/50/1881.md?p=b-4) for providing any information, facilities, or assistance in accordance with an order or request for emergency assistance issued pursuant to subsection [(c)](#c) or [(d)](#d), respectively.
- (f) **Appeal—**
  - (1) **Appeal to the Foreign Intelligence Surveillance Court of Review—** The Government may file a petition with the [Foreign Intelligence Surveillance Court of Review](/usc/50/1881.md?p=b-3) for review of an order issued pursuant to [subsection (c)](#c). The [Court of Review](/usc/50/1881.md?p=b-3) shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this paragraph.
  - (2) **Certiorari to the Supreme Court—** The Government may file a petition for a writ of certiorari for review of a decision of the [Court of Review](/usc/50/1881.md?p=b-3) issued under [paragraph (1)](#f-1). The record for such review shall be transmitted under seal to the Supreme [Court](/usc/50/1881.md?p=b-2) of the [United States](/usc/50/1881.md?p=a), which shall have jurisdiction to review such decision.
- (g) **Construction—** Except as provided in this section, nothing in this chapter shall be construed to require an application for a [court](/usc/50/1881.md?p=b-2) order for an acquisition that is targeted in accordance with this section at a [United States person](/usc/50/1881.md?p=a) reasonably believed to be located outside the [United States](/usc/50/1881.md?p=a).

## Source credit

(Pub. L. 95–511, title VII, § 703, as added Pub. L. 110–261, title I, § 101(a)(2), July 10, 2008, 122 Stat. 2448; amended Pub. L. 118–49, §§ 6(a)(3), 10(a)(5)(A), (b)(5)(A), Apr. 20, 2024, 138 Stat. 870, 876, 878.)

## Notes

### 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; Pub. L. 119–84, § 1(a)(1), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, 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 June 12, 2026, this section is repealed.

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a), (d)(1), and (g), was in the original “this Act”, meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, known as the Foreign Intelligence Surveillance Act of 1978, 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.

### Amendments

2024—Subsec. (b)(1)(C). Pub. L. 118–49, § 6(a)(3), substituted “a sworn statement of” for “a statement of” in introductory provisions.

Subsec. (b)(1)(K). Pub. L. 118–49, § 10(a)(5)(A), added subpar. (K).

Subsec. (b)(1)(L). Pub. L. 118–49, § 10(b)(5)(A), added subpar. (L).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2024 Amendment

Amendment by section 6(a)(3) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 6(a)(5) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 10(a)(5)(A) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(a)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 10(b)(5)(A) of Pub. L. 118–49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(b)(6) of Pub. L. 118–49, set out as a note under section 1804 of this title.

### 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; Pub. L. 119–84, § 1(a)(1), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, 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 June 12, 2026.