50 U.S.C. § 1881f — Congressional oversight

Page 307 TITLE 50—WAR AND NATIONAL DEFENSE § 1881f (B) No judicial review A determination by the Attorney General under subparagraph (A)(ii) is not subject to judicial review. (b) Information acquired under section 1881b Information acquired from an acquisition con- ducted under section 1881b of this title shall be deemed to be information acquired from an elec- tronic surveillance pursuant to subchapter I for purposes of section 1806 of this title. (Pub. L. 95–511, title VII, § 706, as added Pub. L. 110–261, title I, § 101(a)(2), July 10, 2008, 122 Stat. 2457; amended Pub. L. 115–118, title I, § 102(a), Jan. 19, 2018, 132 Stat. 8.) 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110–261, set out as a note under section 1801 of this title, effective two years after Apr. 20, 2024, this section is repealed.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. (a). Pub. L. 115–118 designated existing provisions as par. (1), inserted par. heading, and added par. (2). 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, ex- cept 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 ef- fective two years after Apr. 20, 2024. § 1881f. Congressional oversight (a) Semiannual report Not less frequently than once every 6 months, the Attorney General shall fully inform, in a manner consistent with national security, the congressional intelligence committees and the Committees on the Judiciary of the Senate and the House of Representatives, consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Reso- lution 400 of the 94th Congress or any successor Senate resolution, concerning the implementa- tion of this subchapter. (b) Content Each report under subsection (a) shall in- clude— (1) with respect to section 1881a of this title— (A) any certifications submitted in accord- ance with section 1881a(h) of this title during the reporting period; (B) with respect to each determination under section 1881a(c)(2) of this title, the reasons for exercising the authority under such section; (C) any directives issued under section 1881a(i) of this title during the reporting pe- riod; (D) a description of the judicial review during the reporting period of such certifi- cations and targeting and minimization pro- cedures adopted in accordance with sub- sections (d) and (e) of section 1881a of this title and utilized with respect to an acquisi- tion under such section, including a copy of an order or pleading in connection with such review that contains a significant legal in- terpretation of the provisions of section 1881a of this title; (E) any actions taken to challenge or en- force a directive under paragraph (4) or (5) of section 1881a(i) of this title; (F) any compliance reviews conducted by the Attorney General or the Director of Na- tional Intelligence of acquisitions author- ized under section 1881a(a) of this title; (G) a description of any incidents of non- compliance— (i) with a directive issued by the Attor- ney General and the Director of National Intelligence under section 1881a(i) of this title, including incidents of noncompliance by a specified person to whom the Attor- ney General and Director of National In- telligence issued a directive under section 1881a(i) of this title; and (ii) by an element of the intelligence community with procedures and guidelines adopted in accordance with subsections (d), (e), (f)(1), and (g) of section 1881a of this title; and (H) any procedures implementing section 1881a of this title; (2) with respect to section 1881b of this title— (A) the total number of applications made for orders under section 1881b(b) of this title; (B) the total number of such orders— (i) granted; (ii) modified; and (iii) denied; and (C) the total number of emergency acquisi- tions authorized by the Attorney General under section 1881b(d) of this title and the total number of subsequent orders approving or denying such acquisitions; and (3) with respect to section 1881c of this title— (A) the total number of applications made for orders under section 1881c(b) of this title; (B) the total number of such orders— (i) granted; (ii) modified; and (iii) denied; and (C) the total number of emergency acquisi- tions authorized by the Attorney General under section 1881c(d) of this title and the total number of subsequent orders approving or denying such applications. (Pub. L. 95–511, title VII, § 707, as added Pub. L. 110–261, title I, § 101(a)(2), July 10, 2008, 122 Stat. Page 308 TITLE 50—WAR AND NATIONAL DEFENSE § 1881g 2457; amended Pub. L. 115–118, title I, § 101(b)(2), Jan. 19, 2018, 132 Stat. 8.) 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 REFERENCES IN TEXT Senate Resolution 400 of the 94th Congress, referred to in subsec. (a), was agreed to May 19, 1976, and was subsequently amended by both Senate resolution and public law. The Resolution, which established the Sen- ate Select Committee on Intelligence, is not classified to the Code. AMENDMENTS 2018—Subsec. (b)(1)(A). Pub. L. 115–118, § 101(b)(2)(B), substituted ‘‘section 1881a(h) of this title’’ for ‘‘section 1881a(g) of this title’’. Subsec. (b)(1)(C), (E). Pub. L. 115–118, § 102(b)(2)(A), substituted ‘‘section 1881a(i) of this title’’ for ‘‘section 1881a(h) of this title’’. Subsec. (b)(1)(G)(i). Pub. L. 115–118, § 102(b)(2)(A), sub- stituted ‘‘section 1881a(i) of this title’’ for ‘‘section 1881a(h) of this title’’ in two places. Subsec. (b)(1)(G)(ii). Pub. L. 115–118, § 101(b)(2)(C), sub- stituted ‘‘subsections (d), (e), (f)(1), and (g)’’ for ‘‘sub- sections (d), (e), and (f)’’. 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, ex- cept 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 ef- fective two years after Apr. 20, 2024. § 1881g. Savings provision Nothing in this subchapter shall be construed to limit the authority of the Government to seek an order or authorization under, or other- wise engage in any activity that is authorized under, any other subchapter of this chapter. (Pub. L. 95–511, title VII, § 708, as added Pub. L. 110–261, title I, § 101(a)(2), July 10, 2008, 122 Stat. 2458.) 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. 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, ex- cept 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 ef- fective two years after Apr. 20, 2024. § 1881h. Penalties for unauthorized disclosure (a) Offense A person is guilty of an offense under this sec- tion if that person knowingly and willfully com- municates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified in- formation that contains the contents of any communication acquired under this subchapter to which a known United States person is a party. (b) Penalty A person guilty of an offense in this section shall be fined under title 18, imprisoned for not more than 8 years, or both. (c) Jurisdiction There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed. (Pub. L. 95–511, title VII, § 709, as added Pub. L. 118–49, § 13(c), Apr. 20, 2024, 138 Stat. 882.) 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. 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, ex- cept 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 ef- fective two years after Apr. 20, 2024.