§ 1806. Use of information

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Foreign Intelligence Surveillance Act of 1978

   Pub. L. 95–511 title I § 106 · 92 Stat. 1783

   Enacted · 50 U.S.C. § 1806

   Pub. L. 95–511, title I, § 106, Oct. 25, 1978, 92 Stat. 1793

   Source evidence

   Code source credit
   Pub. L. 95–511, title I, § 106, Oct. 25, 1978, 92 Stat. 1793

   Enacted provision · exact public law section
   Sec. 106. use of information (a) Information acquired from an electronic surveillance 50 USC 1806. conducted pursuant to this title concerning 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 procedures required by this title. No otherwise privileged communication obtained in accordance with, or in violation of, the provisions of this title shall lose its privileged character. No information acquired from an electronic surveillance pursuant to this title may be used or disclosed by Federal officers or employees except for lawful purposes. (b) No information acquired pursuant to this title shall be disclosed Statement for disclosure. for law enforcement purposes unless such disclosure is accompanied disclosure, by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General. (c) 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, regulatory body, or other authority of the United States, against an aggrieved person, any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this title, the Government 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) Whenever any State or political subdivision thereof 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, regulatory body, or other authority of a State or a political subdivsion thereof, against an aggrieved person any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this title, the State or political subdivision thereof 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 information. (e) 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 obtained or derived from such electronic surveillance on the grounds that— (1) the information was unlawfully acquired; or (2) the surveillance was not made in conformity 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 person was not aware of the grounds of the motion. (f) Whenever a court or other authority is notified pursuant to subsection (c) or (d), or whenever 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 relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under this Act, 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 law, if the Attorney General files an affidavit under oath that disclosure or an 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 surveillance as may be necessary to determine whether the surveillance of the aggrieved person was lawfully authorized and conducted. Tn making this determination, the court may disclose to the aggrieved person, under appropriate security procedures 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) 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 determines that the surveillance was lawfully authorized and conducted, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure. (h) Orders granting motions or requests under subsection (g), decisions under this section that electronic surveillance was not. lawfully authorized or conducted, and orders of the United States district court requiring review or granting 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) In circumstances involving the unintentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States, such contents shall be Disposal of contents. destroyed upon recognition, unless the Attorney General determines contents, that the contents indicate a threat of death or serious bodily harm to any person. (j) If an emergency employment of electronic surveillance is authorized under section 105(e) 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 determine in his discretion it is in the interest of justice to serve, notice of— (1) the fact of the application; (2) the period of the surveillance ; and (3) the fact that during the period information was or was not obtained. On an ex parte showing of good cause to the judge the serving of the Postponement or suspension of notice, time limitation. 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 notice required under this subsection.

2. 2001

   Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001

   Pub. L. 107–56 title V § 504(a) · 115 Stat. 272

   Added · 50 U.S.C. § 1806(k)

   Pub. L. 107–56 added subsec. (k)

   Source evidence

   Code amendment note
   Subsec. (k). Pub. L. 107–56 added subsec. (k).

   Enacted provision · exact public law section
   (a) Information Acquired From an Electronic Surveillance.— Section 106 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806), is amended by adding at the end the following: “(k) (1) Federal officers who conduct electronic surveillance to acquire foreign intelligence information under this title may consult with Federal law enforcement officers to coordinate efforts to investigate 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 or international terrorism 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 104(a)(7)(B) or the entry of an order under section 105.”.

3. 2002

   Homeland Security Information Sharing Act

   Pub. L. 107–296 § 898 · 116 Stat. 2135

   Repealed · 50 U.S.C. § 1806(k)(1)

   Pub. L. 107–296, § 898, which inserted, 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

   Source evidence

   Code amendment note
   Subsec. (k)(1). Pub. L. 107–296, § 898, which inserted, 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.

   Enacted provision · exact public law section
   SEC. 898. INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE. Section 106(k)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806) is amended by inserting after “law enforcement officers” the following: “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)”.

4. 2008

   Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

   Pub. L. 110–261 § 106 · 122 Stat. 2436

   Substituted · 50 U.S.C. § 1806(i)

   Pub. L. 110–261, § 106, substituted “communication” for “radio communication”

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 110–261, § 106, substituted “communication” for “radio communication”.

   Enacted provision · exact public law section
   SEC. 106. USE OF INFORMATION.   Subsection (i) of section 106 of the Foreign Intelligence Surveillance Act of 1978 50 USC 1806. (8 U.S.C. 1806) is amended by striking “radio communication” and inserting “communication”.

   Effective date note
   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 section 1801 of this title.

5. 2008

   Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

   Pub. L. 110–261 § 110(b)(1) · 122 Stat. 2436

   Substituted · 50 U.S.C. § 1806(k)(1)(B)

   Pub. L. 110–261, § 110(b)(1), substituted “sabotage, international terrorism, or the international proliferation of weapons of mass destruction” for “sabotage or international terrorism”

   Source evidence

   Code amendment note
   Subsec. (k)(1)(B). Pub. L. 110–261, § 110(b)(1), substituted “sabotage, international terrorism, or the international proliferation of weapons of mass destruction” for “sabotage or international terrorism”.

   Enacted provision · exact public law section
   (1) In general.— Section 106(k)(1)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806(k)(1)(B)) is amended by striking “sabotage or international terrorism” and inserting “sabotage, international terrorism, or the international proliferation of weapons of mass destruction”.

   Effective date note
   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 section 1801 of this title.

6. 2015

   Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015

   Pub. L. 114–23 title VII § 701(b) · 129 Stat. 268

   Substituted · 50 U.S.C. § 1806(j)

   Pub. L. 114–23 substituted “subsection (e) or (f) of section 1805 of this title” for “section 1805(e) of this title”

   Source evidence

   Code amendment note
   Subsec. (j). Pub. L. 114–23 substituted “subsection (e) or (f) of section 1805 of this title” for “section 1805(e) of this title”.

   Enacted provision · exact public law section
   (b) Notification of Emergency Employment of Electronic Surveillance.— Section 106(j) (50 U.S.C. 1806(j)) is amended by striking “section 105(e)” and inserting “subsection (e) or (f) of section 105”.

7. 2023

   Abolish Trafficking Reauthorization Act of 2022

   Pub. L. 117–347 § 323(a)(1)(A) · 136 Stat. 6199

   Repealed · 50 U.S.C. § 1806(k)(1)

   Pub. L. 117–347, § 323(a)(1)(A), repealed Pub. L. 107–296, § 898. See 2002 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (k)(1). Pub. L. 117–347, § 323(a)(1)(A), repealed Pub. L. 107–296, § 898. See 2002 Amendment note below.

   Enacted provision · exact public law section
   (A) by striking sections 895 through 899; 18 USC 2517 and note; 18 USC app. 6; 50 USC 1806, 1825, 3365. and

7 of 7 references resolved to an enrolled provision