50 U.S.C. § 1806 — Use of information

Page 255 TITLE 50—WAR AND NATIONAL DEFENSE § 1806 EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–108, title III, § 314(c), Dec. 28, 2001, 115 Stat. 1402, provided in part that the amendment made by section 314(c)(1) of Pub. L. 107–108 is effective as of Oct. 26, 2001, and as if included in Pub. L. 107–56 as originally enacted. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–549 effective 60 days after Oct. 30, 1984, except where otherwise expressly pro- vided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of Title 47, Telecommunications. §§ 1805a to 1805c. Repealed. Pub. L. 110–261, title IV, § 403(a)(1)(A), July 10, 2008, 122 Stat. 2473 Section 1805a, Pub. L. 95–511, title I, § 105A, as added Pub. L. 110–55, § 2, Aug. 5, 2007, 121 Stat. 552, related to clarification of electronic surveillance of persons out- side the United States. Section 1805b, Pub. L. 95–511, title I, § 105B, as added Pub. L. 110–55, § 2, Aug. 5, 2007, 121 Stat. 552, related to additional procedure for authorizing certain acquisi- tions concerning persons located outside the United States. Section 1805c, Pub. L. 95–511, title I, § 105C, as added Pub. L. 110–55, § 3, Aug. 5, 2007, 121 Stat. 555, related to submission to court review of procedures. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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 sec- tion 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section 1801 of this title. § 1806. Use of information (a) Compliance with minimization procedures; privileged communications; lawful purposes Information acquired from an electronic sur- veillance conducted pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and em- ployees without the consent of the United States person only in accordance with the mini- mization procedures required by this sub- chapter. No otherwise privileged communication obtained in accordance with, or in violation of, the provisions of this subchapter shall lose its privileged character. No information acquired from an electronic surveillance pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes. (b) Statement for disclosure No information acquired pursuant to this sub- chapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any in- formation derived therefrom, may only be used in a criminal proceeding with the advance au- thorization of the Attorney General. (c) Notification by United States Whenever the Government intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regu- latory body, or other authority of the United States, against an aggrieved person, any infor- mation obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this subchapter, the Govern- ment shall, prior to the trial, hearing, or other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the Government intends to so disclose or so use such information. (d) Notification by States or political subdivi- sions Whenever any State or political subdivision thereof intends to enter into evidence or other- wise use or disclose in any trial, hearing, or other proceeding in or before any court, depart- ment, officer, agency, regulatory body, or other authority of a State or a political subdivision thereof, against an aggrieved person any infor- mation obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this subchapter, the State or political subdivision thereof shall notify the ag- grieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or po- litical subdivision thereof intends to so disclose or so use such information. (e) Motion to suppress Any person against whom evidence obtained or derived from an electronic surveillance to which he is an aggrieved person is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the evidence ob- tained or derived from such electronic surveil- lance on the grounds that— (1) the information was unlawfully acquired; or (2) the surveillance was not made in con- formity with an order of authorization or approval. Such a motion shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the per- son was not aware of the grounds of the motion. (f) In camera and ex parte review by district court Whenever a court or other authority is noti- fied pursuant to subsection (c) or (d), or when- ever a motion is made pursuant to subsection (e), or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relat- ing to electronic surveillance or to discover, ob- tain, or suppress evidence or information ob- tained or derived from electronic surveillance under this chapter, the United States district court or, where the motion is made before an- other authority, the United States district court in the same district as the authority, shall, not- withstanding any other law, if the Attorney General files an affidavit under oath that disclo- sure or an adversary hearing would harm the na- Page 256 TITLE 50—WAR AND NATIONAL DEFENSE § 1806 1 See References in Text note below. tional security of the United States, review in camera and ex parte the application, order, and such other materials relating to the surveillance as may be necessary to determine whether the surveillance of the aggrieved person was law- fully authorized and conducted. In making this determination, the court may disclose to the ag- grieved person, under appropriate security pro- cedures and protective orders, portions of the application, order, or other materials relating to the surveillance only where such disclosure is necessary to make an accurate determination of the legality of the surveillance. (g) Suppression of evidence; denial of motion If the United States district court pursuant to subsection (f) determines that the surveillance was not lawfully authorized or conducted, it shall, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from electronic surveillance of the aggrieved person or otherwise grant the motion of the aggrieved person. If the court de- termines that the surveillance was lawfully au- thorized and conducted, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclo- sure. (h) Finality of orders Orders granting motions or requests under subsection (g), decisions under this section that electronic surveillance was not lawfully author- ized or conducted, and orders of the United States district court requiring review or grant- ing disclosure of applications, orders, or other materials relating to a surveillance shall be final orders and binding upon all courts of the United States and the several States except a United States court of appeals and the Supreme Court. (i) Destruction of unintentionally acquired infor- mation In circumstances involving the unintentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforce- ment purposes, and if both the sender and all in- tended recipients are located within the United States, such contents shall be destroyed upon recognition, unless the Attorney General deter- mines that the contents indicate a threat of death or serious bodily harm to any person. (j) Notification of emergency employment of elec- tronic surveillance; contents; postponement, suspension or elimination If an emergency employment of electronic sur- veillance is authorized under subsection (e) or (f) of section 1805 of this title and a subsequent order approving the surveillance is not obtained, the judge shall cause to be served on any United States person named in the application and on such other United States persons subject to electronic surveillance as the judge may deter- mine in his discretion it is in the interest of jus- tice to serve, notice of— (1) the fact of the application; (2) the period of the surveillance; and (3) the fact that during the period informa- tion was or was not obtained. On an ex parte showing of good cause to the judge the serving of the notice required by this subsection may be postponed or suspended for a period not to exceed ninety days. Thereafter, on a further ex parte showing of good cause, the court shall forego ordering the serving of the no- tice required under this subsection. (k) Coordination with law enforcement on na- tional security matters (1) Federal officers who conduct electronic surveillance to acquire foreign intelligence in- formation under this subchapter may consult with Federal law enforcement officers or law en- forcement personnel of a State or political sub- division of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or polit- ical subdivision) to coordinate efforts to inves- tigate or protect against— (A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; (B) sabotage, international terrorism, or the international proliferation of weapons of mass destruction by a foreign power or an agent of a foreign power; or (C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power. (2) Coordination authorized under paragraph (1) shall not preclude the certification required by section 1804(a)(7)(B) 1 of this title or the entry of an order under section 1805 of this title. (Pub. L. 95–511, title I, § 106, Oct. 25, 1978, 92 Stat. 1793; Pub. L. 107–56, title V, § 504(a), Oct. 26, 2001, 115 Stat. 364; Pub. L. 107–296, title VIII, § 898, Nov. 25, 2002, 116 Stat. 2258; Pub. L. 110–261, title I, §§ 106, 110(b)(1), July 10, 2008, 122 Stat. 2462, 2466; Pub. L. 114–23, title VII, § 701(b), June 2, 2015, 129 Stat. 299; Pub. L. 117–347, title III, § 323(a)(1)(A), Jan. 5, 2023, 136 Stat. 6206.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (f), 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. Section 1804(a)(7)(B) of this title, referred to in sub- sec. (k)(2), was redesignated section 1804(a)(6)(B) of this title by Pub. L. 110–261, title I, § 104(1)(B), July 10, 2008, 122 Stat. 2461. AMENDMENTS 2023—Subsec. (k)(1). Pub. L. 117–347, § 323(a)(1)(A), re- pealed Pub. L. 107–296, § 898. See 2002 Amendment note below. 2015—Subsec. (j). Pub. L. 114–23 substituted ‘‘sub- section (e) or (f) of section 1805 of this title’’ for ‘‘sec- tion 1805(e) of this title’’. 2008—Subsec. (i). Pub. L. 110–261, § 106, substituted ‘‘communication’’ for ‘‘radio communication’’. Page 257 TITLE 50—WAR AND NATIONAL DEFENSE § 1808 1 See References in Text note below. Subsec. (k)(1)(B). Pub. L. 110–261, § 110(b)(1), sub- stituted ‘‘sabotage, international terrorism, or the international proliferation of weapons of mass destruc- tion’’ for ‘‘sabotage or international terrorism’’. 2002—Subsec. (k)(1). Pub. L. 107–296, § 898, which in- serted, in introductory provisions, ‘‘or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)’’ after ‘‘law enforcement officers’’, was repealed by Pub. L. 117–347, § 323(a)(1)(A). Repeal to have no effect on amendment by Pub. L. 107–296, see Construction of 2023 Amendment note set out under section 2517 of Title 18, Crimes and Criminal Procedure. 2001—Subsec. (k). Pub. L. 107–56 added subsec. (k). 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. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. REPORT ON MECHANISMS FOR DETERMINATIONS OF DIS- CLOSURE OF INFORMATION FOR LAW ENFORCEMENT PURPOSES Pub. L. 106–567, title VI, § 604(b), Dec. 27, 2000, 114 Stat. 2853, provided that: ‘‘(1) The Attorney General shall submit to the appro- priate committees of Congress a report on the authori- ties and procedures utilized by the Department of Jus- tice for determining whether or not to disclose infor- mation acquired under the Foreign Intelligence Sur- veillance Act of 1978 (50 U.S.C. 1801 et seq.) for law en- forcement purposes. ‘‘(2) In this subsection, the term ‘appropriate com- mittees of Congress’ means the following: ‘‘(A) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate. ‘‘(B) The Permanent Select Committee on Intel- ligence and the Committee on the Judiciary of the House of Representatives.’’ § 1807. Report of electronic surveillance (a) Annual report In April of each year, the Attorney General shall transmit to the Administrative Office of the United States Courts and to the congres- sional intelligence committees and the Commit- tees on the Judiciary of the House of Represent- atives and the Senate a report setting forth with respect to the preceding calendar year— (1) the total number of applications made for orders and extensions of orders approving elec- tronic surveillance under this subchapter; (2) the total number of such orders and ex- tensions either granted, modified, or denied; and (3) the total number of subjects targeted by electronic surveillance conducted under an order or emergency authorization under this subchapter, rounded to the nearest 500, includ- ing the number of such individuals who are United States persons, reported to the nearest band of 500, starting with 0–499. (b) Form Each report under subsection (a) shall be sub- mitted in unclassified form, to the extent con- sistent with national security. Not later than 7 days after the date on which the Attorney Gen- eral submits each such report, the Attorney General shall make the report publicly avail- able, or, if the Attorney General determines that the report cannot be made publicly avail- able consistent with national security, the At- torney General may make publicly available an unclassified summary of the report or a redacted version of the report. (Pub. L. 95–511, title I, § 107, Oct. 25, 1978, 92 Stat. 1795; Pub. L. 115–118, title I, § 107(a), Jan. 19, 2018, 132 Stat. 14.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–118 amended section generally. Prior to amendment, section related to report to Administra- tive Office of the United States Court and to Congress. § 1808. Report of Attorney General to Congres- sional committees; limitation on authority or responsibility of information gathering ac- tivities of Congressional committees; report of Congressional committees to Congress (a)(1) On a semiannual basis the Attorney Gen- eral shall fully inform the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate concerning all electronic surveillance under this subchapter. Nothing in this subchapter shall be deemed to limit the authority and responsibility of the appropriate committees of each House of Congress to obtain such information as they may need to carry out their respective functions and duties. (2) Each report under the first sentence of paragraph (1) shall include a description of— (A) the total number of applications made for orders and extensions of orders approving electronic surveillance under this subchapter where the nature and location of each facility or place at which the electronic surveillance will be directed is unknown; (B) each criminal case in which information acquired under this chapter has been author- ized for use at trial during the period covered by such report; (C) the total number of emergency employ- ments of electronic surveillance under section 1805(e) of this title and the total number of subsequent orders approving or denying such electronic surveillance; and (D) the total number of authorizations under section 1805(f) of this title and the total num- ber of subsequent emergency employments of electronic surveillance under section 1805(e) of this title or emergency physical searches pur- suant to section 301(e).1 (b) On or before one year after October 25, 1978, and on the same day each year for four years thereafter, the Permanent Select Committee on