50 U.S.C. § 1881e — Use of information acquired under this

Page 306 TITLE 50—WAR AND NATIONAL DEFENSE § 1881d § 1881d. Joint applications and concurrent au- thorizations (a) Joint applications and orders If an acquisition targeting a United States person under section 1881b or 1881c of this title is proposed to be conducted both inside and out- side the United States, a judge having jurisdic- tion under section 1881b(a)(1) or 1881c(a)(1) of this title may issue simultaneously, upon the request of the Government in a joint application complying with the requirements of sections 1881b(b) and 1881c(b) of this title, orders under sections 1881b(c) and 1881c(c) of this title, as ap- propriate. (b) Concurrent authorization If an order authorizing electronic surveillance or physical search has been obtained under sec- tion 1805 or 1824 of this title, the Attorney Gen- eral may authorize, for the effective period of that order, without an order under section 1881b or 1881c of this title, the targeting of that United States person for the purpose of acquir- ing foreign intelligence information while such person is reasonably believed to be located out- side the United States. (c) Emergency authorization (1) Concurrent authorization If the Attorney General authorized the emergency employment of electronic surveil- lance or a physical search pursuant to section 1805 or 1824 of this title, the Attorney General may authorize, for the effective period of the emergency authorization and subsequent order pursuant to section 1805 or 1824 of this title, without a separate order under section 1881b or 1881c of this title, the targeting of a United States person subject to such emergency em- ployment for the purpose of acquiring foreign intelligence information while such United States person is reasonably believed to be lo- cated outside the United States. (2) Use of information If an application submitted to the Court pur- suant to section 1804 or 1823 of this title is de- nied, or in any other case in which the acquisi- tion pursuant to paragraph (1) is terminated and no order with respect to the target of the acquisition is issued under section 1805 or 1824 of this title, all information obtained or evi- dence derived from such acquisition shall be handled in accordance with section 1881c(d)(4) of this title. (Pub. L. 95–511, title VII, § 705, as added Pub. L. 110–261, title I, § 101(a)(2), July 10, 2008, 122 Stat. 2457; amended Pub. L. 115–118, title I, § 105, Jan. 19, 2018, 132 Stat. 13.) 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. (c). Pub. L. 115–118 added subsec. (c). 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. § 1881e. Use of information acquired under this subchapter (a) Information acquired under section 1881a (1) In general Information acquired from an acquisition conducted under section 1881a of this title shall be deemed to be information acquired from an electronic surveillance pursuant to subchapter I for purposes of section 1806 of this title, except for the purposes of subsection (j) of such section. (2) United States persons (A) In general Any information concerning a United States person acquired under section 1881a of this title shall not be used in evidence against that United States person pursuant to paragraph (1) in any criminal proceeding unless— (i) the Federal Bureau of Investigation obtained an order of the Foreign Intel- ligence Surveillance Court to access such information pursuant to section 1881a(f)(2) of this title; or (ii) the Attorney General determines that— (I) the criminal proceeding affects, in- volves, or is related to the national secu- rity of the United States; or (II) the criminal proceeding involves— (aa) death; (bb) kidnapping; (cc) serious bodily injury, as defined in section 1365 of title 18; (dd) conduct that constitutes a criminal offense that is a specified of- fense against a minor, as defined in section 20911 of title 34; (ee) incapacitation or destruction of critical infrastructure, as defined in section 5195c(e) of title 42; (ff) cybersecurity, including conduct described in section 5195c(e) of title 42 or section 1029, 1030, or 2511 of title 18; (gg) transnational crime, including transnational narcotics trafficking and transnational organized crime; or (hh) human trafficking. 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.