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50 U.S.C. § 1813 — Procedures for the retention of incidentally acquired communications

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1813 — Procedures for the retention of incidentally acquired communications

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Stable record: federal_law:legal_authorities:record_usc_8ea9e3d5ee04f7f83cf43936
Source file: Laws/federal/codes/united-states-code/title-50/section-1813-procedures-for-the-retention-of-incidentally-acquired-communications--1e3576d58b.md
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Source location: Title 50, Chapter 36, § 1813; chapter-036-foreign-intelligence-surveillance.md

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**(a) Definitions** In this section: (1) **Covered communication** — The term “covered communication” means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage. (2) **Head of an element of the intelligence community** — The term “head of an element of the intelligence community” means, as appropriate— (A) the head of an element of the intelligence community; or (B) the head of the department or agency containing such element. (3) **United States person** — The term “United States person” has the meaning given that term in [section 1801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim). **(b) Procedures for covered communications** (1) **Requirement to adopt** — Not later than 2 years after December 19, 2014, each head of an element of the intelligence community shall adopt procedures approved by the Attorney General for such element that ensure compliance with the requirements of paragraph (3). (2) **Coordination and approval** — The procedures required by paragraph (1) shall be— (A) prepared in coordination with the Director of National Intelligence; and (B) approved by the Attorney General prior to issuance. (3) **Procedures** (A) *Application* — The procedures required by paragraph (1) shall apply to any intelligence collection activity not otherwise authorized by court order (including an order or certification issued by a court established under subsection (a) or (b) of [section 1803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803&num=0&edition=prelim)), subpoena, or similar legal process that is reasonably anticipated to result in the acquisition of a covered communication to or from a United States person and shall permit the acquisition, retention, and dissemination of covered communications subject to the limitation in subparagraph (B). (B) *Limitation on retention* — A covered communication shall not be retained in excess of 5 years, unless— (i) the communication has been affirmatively determined, in whole or in part, to constitute foreign intelligence or counterintelligence or is necessary to understand or assess foreign intelligence or counterintelligence; (ii) the communication is reasonably believed to constitute evidence of a crime and is retained by a law enforcement agency; (iii) the communication is enciphered or reasonably believed to have a secret meaning; (iv) all parties to the communication are reasonably believed to be non-United States persons; (v) retention is necessary to protect against an imminent threat to human life, in which case both the nature of the threat and the information to be retained shall be reported to the congressional intelligence committees not later than 30 days after the date such retention is extended under this clause; (vi) retention is necessary for technical assurance or compliance purposes, including a court order or discovery obligation, in which case access to information retained for technical assurance or compliance purposes shall be reported to the congressional intelligence committees on an annual basis; or (vii) retention for a period in excess of 5 years is approved by the head of the element of the intelligence community responsible for such retention, based on a determination that retention is necessary to protect the national security of the United States, in which case the head of such element shall provide to the congressional intelligence committees a written certification describing— (I) the reasons extended retention is necessary to protect the national security of the United States; (II) the duration for which the head of the element is authorizing retention; (III) the particular information to be retained; and (IV) the measures the element of the intelligence community is taking to protect the privacy interests of United States persons or persons located inside the United States.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3003 — Biennial reports on foreign biological threats

**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country. **(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following: (1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities. (2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities. (3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2). (4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein. (5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners. (6) An assessment of foreign malign influence efforts relating to such threats, including any foreign

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3003

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1803 — Designation of judges

**(a) Court to hear applications and grant orders; record of denial; transmittal to court of review** (1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this chapter, except that no judge designated under this subsection (except when sitting en banc under paragraph (2)) shall hear the same application for electronic surveillance under this chapter which has been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this chapter, such judge shall provide immediately for the record a written statement of each reason for his decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b). (2) (A) The court established under this subsection may, on its own initiative, or upon the request of the Government in any proceeding or a party under section 1861(f) 11 See References in Text note below. of this title or paragraph (4) or (5) of [section 1881a(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a/i&num=0&edition=prelim), hold a hearing or rehearing, en banc, when ordered by a majority of the judges that constitute such court upon a determination that— (i) en banc consideration is necessary to secure or maintain uniformity of the court’s decis

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1803

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1801 — Definitions

As used in this subchapter: **(a)** “Foreign power” means— (1) a foreign government or any component thereof, whether or not recognized by the United States; (2) a faction of a foreign nation or nations, not substantially composed of United States persons; (3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments; (4) a group engaged in international terrorism or activities in preparation therefor; (5) a foreign-based political organization, not substantially composed of United States persons; (6) an entity that is directed and controlled by a foreign government or governments; or (7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction. **(b)** “Agent of a foreign power” means— (1) any person other than a United States person, who— (A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States; (B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities; (C) Omitted (D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or (E) engages in the international proliferation of weapons of mass destruction, or activities in prepa

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1801

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1813 — Procedures for the retention of inciden-

Page 260 TITLE 50—WAR AND NATIONAL DEFENSE § 1813 Stat. 1783, known as the Foreign Intelligence Surveil- lance 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. 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 sec- tion 1801 of this title. § 1813. Procedures for the retention of inciden- tally acquired communications (a) Definitions In this section: (1) Covered communication The term ‘‘covered communication’’ means any nonpublic telephone or electronic commu- nication acquired without the consent of a person who is a party to the communication, including communications in electronic stor- age. (2) Head of an element of the intelligence com- munity The term ‘‘head of an element of the intel- ligence community’’ means, as appropriate— (A) the head of an element of the intel- ligence community; or (B) the head of the department or agency containing such element. (3) United States person The term ‘‘United States person’’ has the meaning given that term in section 1801 of this title. (b) Procedures for covered communications (1) Requirement to adopt Not later than 2 years after December 19, 2014, each head of an element of the intel- ligence community shall adopt procedures ap- proved by the Attorney General for such ele- ment that ensure compliance with the require- ments of paragraph (3). (2) Coordination and ap

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1813

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