50 U.S.C. § 1808 — Report of Attorney General to Congres-

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the chief law enforcement officer of that State or political subdivision)’’ after ‘‘law enforcement officers’’, was repealed by Pub.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 Page 258 TITLE 50—WAR AND NATIONAL DEFENSE § 1809 Intelligence and the Senate Select Committee on Intelligence shall report respectively to the House of Representatives and the Senate, con- cerning the implementation of this chapter. Said reports shall include but not be limited to an analysis and recommendations concerning whether this chapter should be (1) amended, (2) repealed, or (3) permitted to continue in effect without amendment. (Pub. L. 95–511, title I, § 108, Oct. 25, 1978, 92 Stat. 1795; Pub. L. 106–567, title VI, § 604(a), Dec. 27, 2000, 114 Stat. 2853; Pub. L. 109–177, title I, § 108(c), Mar. 9, 2006, 120 Stat. 204; Pub. L. 110–261, title I, § 105(b), July 10, 2008, 122 Stat. 2462; Pub. L. 114–23, title VI, § 605(a), title VII, § 701(c), June 2, 2015, 129 Stat. 297, 299.) Editorial Notes REFERENCES IN TEXT Section 301, referred to in subsec. (a)(2)(D), means section 301 of Pub. L. 95–511, which is classified to sec- tion 1821 of this title, relates to definitions for terms used in subchapter II of this chapter, and does not con- tain a subsec. (e). Section 304(e) of Pub. L. 95–511, which is classified to section 1824(e) of this title, relates to authorizations and orders for emergency physical searches. This chapter, referred to in subsec. (b), 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 2015—Subsec. (a)(1). Pub. L. 114–23, § 605(a), sub- stituted ‘‘the Permanent Select Committee on Intel- ligence 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’’ for ‘‘the House Permanent Select Committee on Intelligence and the Senate Select Committee on In- telligence, and the Committee on the Judiciary of the Senate,’’. Subsec. (a)(2)(D). Pub. L. 114–23, § 701(c), added subpar. (D). 2008—Subsec. (a)(2)(C). Pub. L. 110–261 substituted ‘‘1805(e)’’ for ‘‘1805(f)’’. 2006—Subsec. (a)(1). Pub. L. 109–177, § 108(c)(1), in- serted ‘‘, and the Committee on the Judiciary of the Senate,’’ after ‘‘Senate Select Committee on Intel- ligence’’. Subsec. (a)(2). Pub. L. 109–177, § 108(c)(2), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘Each report under the first sentence of para- graph (1) shall include a description of— ‘‘(A) each criminal case in which information ac- quired under this chapter has been passed for law en- forcement purposes during the period covered by such report; and ‘‘(B) each criminal case in which information ac- quired under this chapter has been authorized for use at trial during such reporting period.’’ 2000—Subsec. (a). Pub. L. 106–567 designated existing provisions as par. (1) and added par. (2). 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. § 1809. Criminal sanctions (a) Prohibited activities A person is guilty of an offense if he— (1) intentionally engages in electronic sur- veillance under color of law except as author- ized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authoriza- tion that is an additional exclusive means for conducting electronic surveillance under sec- tion 1812 of this title; (2) intentionally discloses or uses informa- tion obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for con- ducting electronic surveillance under section 1812 of this title; or (3) knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or pub- lishes, 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 an applica- tion, in whole or in part, for an order for elec- tronic surveillance under this chapter. (b) Defense It is a defense to a prosecution under para- graph (1) or (2) of subsection (a) that the defend- ant was a law enforcement or investigative offi- cer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdic- tion. (c) Penalty A person guilty of an offense in this section shall be fined under title 18, imprisoned for not more than 10 years, or both. (d) Federal 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 I, § 109, Oct. 25, 1978, 92 Stat. 1796; Pub. L. 110–261, title I, § 102(b), July 10, 2008, 122 Stat. 2459; Pub. L. 111–259, title VIII, § 801(3), Oct. 7, 2010, 124 Stat. 2746; Pub. L. 118–49, § 13(a), (b), Apr. 20, 2024, 138 Stat. 881.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. (a). Pub. L. 118–49, § 13(a)(1)(A), struck out ‘‘intentionally’’ after ‘‘if he’’ in introductory provi- sions. Subsec. (a)(1). Pub. L. 118–49, § 13(a)(1)(B)(ii), which di- rected the substitution of a semicolon for ‘‘; or’’, could not be executed because the word ‘‘or’’ did not appear.