50 U.S.C. § 1825 — Use of information

Page 268 TITLE 50—WAR AND NATIONAL DEFENSE § 1825 1801(b)(1)(A) of this title may be for the period specified in the application or for 120 days, whichever is less’’ be- fore period at end. Subsec. (d)(2). Pub. L. 107–56, § 207(b)(2), inserted ‘‘or against an agent of a foreign power as defined in sec- tion 1801(b)(1)(A) of this title,’’ after ‘‘not a United States person,’’. Subsec. (e)(1)(A)(ii), (3)(C). Pub. L. 107–108 substituted ‘‘72 hours’’ for ‘‘24 hours’’. 2000—Subsecs. (b) to (f). Pub. L. 106–567 added subsec. (b) and redesignated former subsecs. (b) to (e) as (c) to (f), respectively. 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 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. EFFECTIVE DATE Section effective 90 days after Oct. 14, 1994, with ex- ception for certain physical searches approved by the Attorney General to gather foreign intelligence infor- mation, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title. § 1825. Use of information (a) Compliance with minimization procedures; lawful purposes Information acquired from a physical search conducted pursuant to this subchapter con- cerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization proce- dures required by this subchapter. No informa- tion acquired from a physical search pursuant to this subchapter may be used or disclosed by Fed- eral officers or employees except for lawful pur- poses. (b) Notice of search and identification of prop- erty seized, altered, or reproduced Where a physical search authorized and con- ducted pursuant to section 1824 of this title in- volves the residence of a United States person, and, at any time after the search the Attorney General determines there is no national security interest in continuing to maintain the secrecy of the search, the Attorney General shall pro- vide notice to the United States person whose residence was searched of the fact of the search conducted pursuant to this chapter and shall identify any property of such person seized, al- tered, or reproduced during such search. (c) 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. (d) Notification by United States Whenever the United States 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 a physical search pursuant to the authority of this sub- chapter, the United States shall, prior to the trial, hearing, or the other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evi- dence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such informa- tion. (e) 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 a physical search pursuant to the authority of this sub- chapter, the State or political subdivision there- of shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such informa- tion. (f) Motion to suppress (1) Any person against whom evidence ob- tained or derived from a physical search 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 search on the grounds that— (A) the information was unlawfully ac- quired; or (B) the physical search was not made in con- formity with an order of authorization or ap- proval. (2) 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 person was not aware of the grounds of the motion. (g) In camera and ex parte review by district court Whenever a court or other authority is noti- fied pursuant to subsection (d) or (e), or when- ever a motion is made pursuant to subsection Page 269 TITLE 50—WAR AND NATIONAL DEFENSE § 1825 1 See References in Text note below. (f), 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 a physical search authorized by this sub- chapter or to discover, obtain, or suppress evi- dence or information obtained or derived from a physical search authorized by this subchapter, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority shall, notwithstanding any other provision of law, if the Attorney General files an affidavit under oath that disclosure or any adversary hearing would harm the national security of the United States, review in camera and ex parte the application, order, and such other materials relating to the physical search as may be necessary to determine whether the physical search 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 physical search, or may require the Attor- ney General to provide to the aggrieved person a summary of such materials, only where such disclosure is necessary to make an accurate de- termination of the legality of the physical search. (h) Suppression of evidence; denial of motion If the United States district court pursuant to subsection (g) determines that the physical search was not lawfully authorized or con- ducted, it shall, in accordance with the require- ments of law, suppress the evidence which was unlawfully obtained or derived from the phys- ical search of the aggrieved person or otherwise grant the motion of the aggrieved person. If the court determines that the physical search was lawfully authorized or conducted, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure. (i) Finality of orders Orders granting motions or requests under subsection (h), decisions under this section that a physical search was not lawfully authorized or conducted, and orders of the United States dis- trict court requiring review or granting disclo- sure of applications, orders, or other materials relating to the physical search shall be final or- ders and binding upon all courts of the United States and the several States except a United States Court of Appeals or the Supreme Court. (j) Notification of emergency execution of phys- ical search; contents; postponement, suspen- sion, or elimination (1) If an emergency execution of a physical search is authorized under section 1824(d) 1 of this title and a subsequent order approving the search 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 the search as the judge may determine in his discretion it is in the interests of justice to serve, notice of— (A) the fact of the application; (B) the period of the search; and (C) the fact that during the period informa- tion was or was not obtained. (2) 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 90 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 physical searches to acquire foreign intelligence informa- tion under this subchapter may consult with Federal law enforcement officers or law enforce- ment personnel of a State or political subdivi- sion of a State (including the chief executive of- ficer 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 1823(a)(6) of this title or the entry of an order under section 1824 of this title. (Pub. L. 95–511, title III, § 305, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3449; amended Pub. L. 107–56, title V, § 504(b), Oct. 26, 2001, 115 Stat. 364; Pub. L. 107–296, title VIII, § 899, Nov. 25, 2002, 116 Stat. 2258; Pub. L. 110–261, title I, §§ 107(c)(2), 110(b)(2), July 10, 2008, 122 Stat. 2464, 2466; 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. (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. Section 1824(d) of this title, referred to in subsec. (j)(1), was redesignated section 1824(e) of this title by Pub. L. 106–567, title VI, § 603(b)(1), Dec. 27, 2000, 114 Stat. 2853. AMENDMENTS 2023—Subsec. (k)(1). Pub. L. 117–347, § 323(a)(1)(A), re- pealed Pub. L. 107–296, § 899. See 2002 Amendment note below. 2008—Subsec. (k)(1)(B). Pub. L. 110–261, § 110(b)(2), sub- stituted ‘‘sabotage, international terrorism, or the Page 270 TITLE 50—WAR AND NATIONAL DEFENSE § 1826 international proliferation of weapons of mass destruc- tion’’ for ‘‘sabotage or international terrorism’’. Subsec. (k)(2). Pub. L. 110–261, § 107(c)(2), substituted ‘‘1823(a)(6)’’ for ‘‘1823(a)(7)’’. 2002—Subsec. (k)(1). Pub. L. 107–296, § 899, 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. EFFECTIVE DATE Section effective 90 days after Oct. 14, 1994, with ex- ception for certain physical searches approved by the Attorney General to gather foreign intelligence infor- mation, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title. § 1826. Congressional oversight On a semiannual basis the Attorney General shall fully inform the Permanent Select Com- mittee 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 physical searches conducted pur- suant to this subchapter. On a semiannual basis the Attorney General shall also provide to those committees a report setting forth with respect to the preceding six-month period— (1) the total number of applications made for orders approving physical searches under this subchapter; (2) the total number of such orders either granted, modified, or denied; (3) the number of physical searches which in- volved searches of the residences, offices, or personal property of United States persons, and the number of occasions, if any, where the Attorney General provided notice pursuant to section 1825(b) of this title; and (4) the total number of emergency physical searches authorized by the Attorney General under section 1824(e) of this title and the total number of subsequent orders approving or de- nying such physical searches. (Pub. L. 95–511, title III, § 306, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3451; amended Pub. L. 109–177, title I, § 109(a), Mar. 9, 2006, 120 Stat. 204; Pub. L. 114–23, title VI, § 605(b), June 2, 2015, 129 Stat. 298.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–23, in introductory provisions, sub- stituted ‘‘Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intel- ligence and the Committee on the Judiciary of the Sen- ate’’ for ‘‘Permanent Select Committee on Intelligence of the House of Representatives and the Select Com- mittee on Intelligence of the Senate, and the Com- mittee on the Judiciary of the Senate,’’ and struck out ‘‘and the Committee on the Judiciary of the House of Representatives’’ after ‘‘those committees’’. 2006—Pub. L. 109–177, § 109(a)(1), (2), in introductory provisions, inserted ‘‘, and the Committee on the Judi- ciary of the Senate,’’ after ‘‘Select Committee on Intel- ligence of the Senate’’ and substituted ‘‘and the Com- mittee on the Judiciary of the House of Representa- tives’’ for ‘‘and the Committees on the Judiciary of the House of Representatives and the Senate’’. Par. (4). Pub. L. 109–177, § 109(a)(3)–(5), added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 14, 1994, with ex- ception for certain physical searches approved by the Attorney General to gather foreign intelligence infor- mation, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title. § 1827. Penalties (a) Prohibited activities A person is guilty of an offense if he inten- tionally— (1) under color of law for the purpose of ob- taining foreign intelligence information, exe- cutes a physical search within the United States except as authorized by statute; or (2) discloses or uses information obtained under color of law by physical search within the United States, knowing or having reason to know that the information was obtained through physical search not authorized by statute, for the purpose of obtaining intel- ligence information. (b) Defense It is a defense to a prosecution under sub- section (a) that the defendant was a law enforce- ment or investigative officer engaged in the course of his official duties and the physical search was authorized by and conducted pursu- ant to a search warrant or court order of a court of competent jurisdiction. (c) Fine or imprisonment An offense described in this section is punish- able by a fine of not more than $10,000 or impris- onment for not more than five 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 III, § 307, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 14, 1994, with ex- ception for certain physical searches approved by the