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50 U.S.C. § 1805a to 1805c (WAR AND NATIONAL DEFENSE)
§§ 1805a to 1805c. Repealed. Pub. L. 110–261, title IV, § 403(a)(1)(A), July 10, 2008, 122 Stat. 2473
text: Section 1805a, Pub. L. 95–511, title I, § 105A, as added Pub. L. 110–55, § 2, Aug. 5, 2007, 121 Stat. 552, related to clarification of electronic surveillance of persons outside the United States.
text: Section 1805b, Pub. L. 95–511, title I, § 105B, as added Pub. L. 110–55, § 2, Aug. 5, 2007, 121 Stat. 552, related to additional procedure for authorizing certain acquisitions concerning persons located outside the United States.
text: Section 1805c, Pub. L. 95–511, title I, § 105C, as added Pub. L. 110–55, § 3, Aug. 5, 2007, 121 Stat. 555, related to submission to court review of procedures.
heading: Effective Date of Repeal
text: Repeal 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.
50 U.S.C. § 1807 (WAR AND NATIONAL DEFENSE)
§ 1807. Report to Administrative Office of the United States Court and to Congress
In April of each year, the Attorney General shall transmit to the Administrative Office of the United States Court and to Congress a report setting forth with respect to the preceding calendar year—
(a) the total number of applications made for orders and extensions of orders approving electronic surveillance under this subchapter; and
(b) the total number of such orders and extensions either granted, modified, or denied.
(Pub. L. 95–511, title I, § 107, Oct. 25, 1978, 92 Stat. 1795.)
50 U.S.C. § 1809 (WAR AND NATIONAL DEFENSE)
§ 1809. Criminal sanctions
(a) Prohibited activities
A person is guilty of an offense if he intentionally—
(1) engages in electronic surveillance under color of law except as authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title;
(2) discloses or uses information 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 conducting electronic surveillance under section 1812 of this title.
(b) Defense
It is a defense to a prosecution under subsection (a) of this section that the defendant was a law enforcement or investigative officer 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 jurisdiction.
(c) Penalties
An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment 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 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.)
heading: References in Text
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, 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.
heading: Amendments
text: 2010—Subsec. (a)(1). Pub. L. 111–259, § 801(3)(A), substituted “section 1812 of this title;” for “section 1812 of this title.;”.
Subsec. (a)(2). Pub. L. 111–259, § 801(3)(B), substituted “title.” for “title..”
2008—Subsec. (a). Pub. L. 110–261 substituted “authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section 1812 of this title.” for “authorized by statute” in pars. (1) and (2).
heading: Effective Date of 2008 Amendment
text: 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.
50 U.S.C. § 1810 (WAR AND NATIONAL DEFENSE)
§ 1810. Civil liability
An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A) of this title, respectively, who has been subjected to an electronic surveillance or about whom information obtained by electronic surveillance of such person has been disclosed or used in violation of section 1809 of this title shall have a cause of action against any person who committed such violation and shall be entitled to recover—
(a) actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;
(b) punitive damages; and
(c) reasonable attorney’s fees and other investigation and litigation costs reasonably incurred.
(Pub. L. 95–511, title I, § 110, Oct. 25, 1978, 92 Stat. 1796.)
50 U.S.C. § 1811 (WAR AND NATIONAL DEFENSE)
§ 1811. Authorization during time of war
Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress.
(Pub. L. 95–511, title I, § 111, Oct. 25, 1978, 92 Stat. 1796.)
50 U.S.C. § 1812 (WAR AND NATIONAL DEFENSE)
§ 1812. Statement of exclusive means by which electronic surveillance and interception of certain communications may be conducted
(a) Except as provided in subsection (b), the procedures of chapters 119, 121, and 206 of title 18 and this chapter shall be the exclusive means by which electronic surveillance and the interception of domestic wire, oral, or electronic communications may be conducted.
(b) Only an express statutory authorization for electronic surveillance or the interception of domestic wire, oral, or electronic communications, other than as an amendment to this chapter or chapters 119, 121, or 206 of title 18 shall constitute an additional exclusive means for the purpose of subsection (a).
(Pub. L. 95–511, title I, § 112, as added Pub. L. 110–261, title I, § 102(a), July 10, 2008, 122 Stat. 2459.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, 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.
heading: Effective Date of 2008 Amendment
text: 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.
50 U.S.C. § 1826 (WAR AND NATIONAL DEFENSE)
§ 1826. Congressional oversight
On a semiannual basis the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate, concerning all physical searches conducted pursuant to this subchapter. On a semiannual basis the Attorney General shall also provide to those committees and the Committee on the Judiciary of the House of Representatives 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 involved 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 denying 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.)
heading: Amendments
text: 2006—Pub. L. 109–177, § 109(a)(1), (2), in introductory provisions, inserted “, and the Committee on the Judiciary of the Senate,” after “Select Committee on Intelligence of the Senate” and substituted “and the Committee on the Judiciary of the House of Representatives” 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).
50 U.S.C. § 1827 (WAR AND NATIONAL DEFENSE)
§ 1827. Penalties
(a) Prohibited activities
A person is guilty of an offense if he intentionally—
(1) under color of law for the purpose of obtaining foreign intelligence information, executes 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 intelligence information.
(b) Defense
It is a defense to a prosecution under subsection (a) of this section that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the physical search was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.
(c) Fine or imprisonment
An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment 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.)
50 U.S.C. § 1828 (WAR AND NATIONAL DEFENSE)
§ 1828. Civil liability
An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A), respectively, of this title, whose premises, property, information, or material has been subjected to a physical search within the United States or about whom information obtained by such a physical search has been disclosed or used in violation of section 1827 of this title shall have a cause of action against any person who committed such violation and shall be entitled to recover—
(1) actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;
(2) punitive damages; and
(3) reasonable attorney’s fees and other investigative and litigation costs reasonably incurred.
(Pub. L. 95–511, title III, § 308, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)
50 U.S.C. § 1829 (WAR AND NATIONAL DEFENSE)
§ 1829. Authorization during time of war
Notwithstanding any other provision of law, the President, through the Attorney General, may authorize physical searches without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed 15 calendar days following a declaration of war by the Congress.
(Pub. L. 95–511, title III, § 309, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)
50 U.S.C. § 1841 (WAR AND NATIONAL DEFENSE)
§ 1841. Definitions
As used in this subchapter:
(1) The terms “foreign power”, “agent of a foreign power”, “international terrorism”, “foreign intelligence information”, “Attorney General”, “United States person”, “United States”, “person”, and “State” shall have the same meanings as in section 1801 of this title.
(2) The terms “pen register” and “trap and trace device” have the meanings given such terms in section 3127 of title 18.
(3) The term “aggrieved person” means any person—
(A) whose telephone line was subject to the installation or use of a pen register or trap and trace device authorized by this subchapter; or
(B) whose communication instrument or device was subject to the use of a pen register or trap and trace device authorized by this subchapter to capture incoming electronic or other communications impulses.
(Pub. L. 95–511, title IV, § 401, as added Pub. L. 105–272, title VI, § 601(2), Oct. 20, 1998, 112 Stat. 2404.)
heading: Prior Provisions
text: A prior section 401 of Pub. L. 95–511 was renumbered section 701 and was set out as a note under section 1801 of this title, prior to repeal by Pub. L. 110–261.
50 U.S.C. § 1844 (WAR AND NATIONAL DEFENSE)
§ 1844. Authorization during time of war
Notwithstanding any other provision of law, the President, through the Attorney General, may authorize the use of a pen register or trap and trace device without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed 15 calendar days following a declaration of war by Congress.
(Pub. L. 95–511, title IV, § 404, as added Pub. L. 105–272, title VI, § 601(2), Oct. 20, 1998, 112 Stat. 2408.)
50 U.S.C. § 1846 (WAR AND NATIONAL DEFENSE)
§ 1846. Congressional oversight
(a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, concerning all uses of pen registers and trap and trace devices pursuant to this subchapter.
(b) On a semiannual basis, the Attorney General shall also provide to the committees referred to in subsection (a) of this section and to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding 6-month period—
(1) the total number of applications made for orders approving the use of pen registers or trap and trace devices under this subchapter;
(2) the total number of such orders either granted, modified, or denied; and
(3) the total number of pen registers and trap and trace devices whose installation and use was authorized by the Attorney General on an emergency basis under section 1843 of this title, and the total number of subsequent orders approving or denying the installation and use of such pen registers and trap and trace devices.
(Pub. L. 95–511, title IV, § 406, as added Pub. L. 105–272, title VI, § 601(2), Oct. 20, 1998, 112 Stat. 2410; amended Pub. L. 109–177, title I, §§ 109(b), 128(b), Mar. 9, 2006, 120 Stat. 204, 229.)
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–177, § 128(b), inserted “, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate,” after “Select Committee on Intelligence of the Senate”.
Subsec. (b)(3). Pub. L. 109–177, § 109(b), added par. (3).
50 U.S.C. § 1863 (WAR AND NATIONAL DEFENSE)
§ 1863. Repealed. Pub. L. 107–56, title II, § 215, Oct. 26, 2001, 115 Stat. 287
text: Section, Pub. L. 95–511, title V, § 503, as added Pub. L. 105–272, title VI, § 602, Oct. 20, 1998, 112 Stat. 2412, related to congressional oversight. See section 1862 of this title.
50 U.S.C. § 1881 (WAR AND NATIONAL DEFENSE)
§ 1881. Definitions
(a) In general
The terms “agent of a foreign power”, “Attorney General”, “contents”, “electronic surveillance”, “foreign intelligence information”, “foreign power”, “person”, “United States”, and “United States person” have the meanings given such terms in section 1801 of this title, except as specifically provided in this subchapter.
(b) Additional definitions
(1) Congressional intelligence committees
The term “congressional intelligence committees” means—
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the House of Representatives.
(2) Foreign Intelligence Surveillance Court; Court
The terms “Foreign Intelligence Surveillance Court” and “Court” mean the court established under section 1803(a) of this title.
(3) Foreign Intelligence Surveillance Court of Review; Court of Review
The terms “Foreign Intelligence Surveillance Court of Review” and “Court of Review” mean the court established under section 1803(b) of this title.
(4) Electronic communication service provider
The term “electronic communication service provider” means—
(A) a telecommunications carrier, as that term is defined in section 153 of title 47;
(B) a provider of electronic communication service, as that term is defined in section 2510 of title 18;
(C) a provider of a remote computing service, as that term is defined in section 2711 of title 18;
(D) any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored; or
(E) an officer, employee, or agent of an entity described in subparagraph (A), (B), (C), or (D).
(5) Intelligence community
The term “intelligence community” has the meaning given the term in section 3003(4) of this title.
(Pub. L. 95–511, title VII, § 701, as added Pub. L. 110–261, title I, § 101(a)(2), July 10, 2008, 122 Stat. 2437.)
heading: Repeal of Section
text: 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, 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 Dec. 31, 2017, this section is repealed.
heading: Prior Provisions
text: A prior section 701 of Pub. L. 95–511 was set out as a note under section 1801 of this title, prior to repeal by Pub. L. 110–261.
heading: Effective Date of Repeal
text: 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, provided that, except 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 effective Dec. 31, 2017.
50 U.S.C. § 1881d (WAR AND NATIONAL DEFENSE)
§ 1881d. Joint applications and concurrent authorizations
(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 outside the United States, a judge having jurisdiction 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 appropriate.
(b) Concurrent authorization
If an order authorizing electronic surveillance or physical search has been obtained under section 1805 or 1824 of this title, the Attorney General 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 acquiring foreign intelligence information while such person is reasonably believed to be located outside the United States.
(Pub. L. 95–511, title VII, § 705, as added Pub. L. 110–261, title I, § 101(a)(2), July 10, 2008, 122 Stat. 2457.)
heading: Repeal of Section
text: 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, 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 Dec. 31, 2017, this section is repealed.
heading: Effective Date of Repeal
text: 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, provided that, except 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 effective Dec. 31, 2017.
50 U.S.C. § 1881e (WAR AND NATIONAL DEFENSE)
§ 1881e. Use of information acquired under this subchapter
(a) Information acquired under section 1881a
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.
(b) Information acquired under section 1881b
Information acquired from an acquisition conducted under section 1881b 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.
(Pub. L. 95–511, title VII, § 706, as added Pub. L. 110–261, title I, § 101(a)(2), July 10, 2008, 122 Stat. 2457.)
heading: Repeal of Section
text: 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, 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 Dec. 31, 2017, this section is repealed.
heading: Effective Date of Repeal
text: 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, provided that, except 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 effective Dec. 31, 2017.
50 U.S.C. § 1881g (WAR AND NATIONAL DEFENSE)
§ 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 otherwise 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.)
heading: Repeal of Section
text: 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, 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 Dec. 31, 2017, this section is repealed.
heading: Effective Date of Repeal
text: 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, provided that, except 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 effective Dec. 31, 2017.