Title 50, War and National DefenseRelease 119-110
§1806 Use of Information
Title 50 › CHAPTER 36 — FOREIGN INTELLIGENCE SURVEILLANCE › SUBCHAPTER I — ELECTRONIC SURVEILLANCE › § 1806
Summary
Limits how information from electronic surveillance of U.S. persons can be used and shared. Federal officers may only use or disclose that information under the privacy rules the law requires, and privileged communications keep their privilege. If the government wants to use the information for law enforcement, it must include a statement that using it in a criminal case needs prior approval from the Attorney General. Before using such information against someone in any federal proceeding, the government must tell the person affected and the court. State or local governments must tell the person, the court, and the Attorney General. A person whose communications were surveilled can ask a court to block (suppress) evidence if it was collected unlawfully or without proper authorization, and this request should be made before the trial unless they had no chance or did not know the reason. If the Attorney General swears that revealing records would harm national security, a federal district judge will review the surveillance papers in private without the other side. The judge may show parts of the papers to the affected person under strict protection only if needed to decide legality. If the judge finds the surveillance was unlawful, the judge must suppress the evidence; if lawful, the judge will deny the request except as due process requires. Such orders are final and binding unless reviewed by a U.S. court of appeals or the Supreme Court. If a surveillance device accidentally records a private U.S. communication that would have needed a warrant, the contents must be destroyed once noticed unless the Attorney General finds they show a threat of death or serious bodily harm. If emergency surveillance was used but later not approved, the judge must notify the named U.S. person(s) about the application, the time period, and whether information was collected. That notice can be delayed up to 90 days for good cause and may be waived later for further good cause. Federal intelligence officers may work with federal or state law enforcement to investigate or prevent major national security threats like attacks by foreign powers, sabotage, international terrorism, spread of weapons of mass destruction, or foreign spying; that coordination does not replace other required certifications or court orders.
Full Legal Text
Title 50, §1806
War and National Defense, Source: USLM XML via OLRC
(a)Compliance with minimization procedures; privileged communications; lawful purposes
Information acquired from an electronic surveillance conducted pursuant to this subchapter 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 subchapter. No otherwise privileged communication obtained in accordance with, or in violation of, the provisions of this subchapter shall lose its privileged character. No information acquired from an electronic surveillance pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.
(b)Statement for disclosure
No information acquired pursuant to this subchapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied 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)Notification by United States
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 subchapter, 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)Notification by States or political subdivisions
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 subdivision thereof, against an aggrieved person any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this subchapter, 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)Motion to suppress
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)In camera and ex parte review by district court
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 chapter, 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. In 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)Suppression of evidence; denial of motion
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)Finality of orders
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)Destruction of unintentionally acquired information
In circumstances involving the unintentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any 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 destroyed upon recognition, unless the Attorney General determines that the contents indicate a threat of death or serious bodily harm to any person.
(j)Notification of emergency employment of electronic surveillance; contents; postponement, suspension or elimination
If an emergency employment of electronic surveillance is authorized under subsection (e) or (f) of section 1805 of this title 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)
(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 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.
(k)Coordination with law enforcement on national security matters
(1)Federal officers who conduct electronic surveillance to acquire foreign intelligence information under this subchapter may consult with Federal law enforcement officers 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) 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, 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 1804(a)(7)(B) of this title or the entry of an order under section 1805 of this title.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This chapter, referred to in subsec. (f), 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 1804(a)(7)(B) of this title, referred to in subsec. (k)(2), was redesignated section 1804(a)(6)(B) of this title by Pub. L. 110–261, title I, § 104(1)(B), July 10, 2008, 122 Stat. 2461.
Amendments
2023—Subsec. (k)(1). Pub. L. 117–347, § 323(a)(1)(A), repealed Pub. L. 107–296, § 898. See 2002 Amendment note below. 2015—Subsec. (j). Pub. L. 114–23 substituted “subsection (e) or (f) of section 1805 of this title” for “section 1805(e) of this title”. 2008—Subsec. (i). Pub. L. 110–261, § 106, substituted “communication” for “radio communication”. 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”. 2002—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. 2001—Subsec. (k). Pub. L. 107–56 added subsec. (k).
Statutory Notes and Related Subsidiaries
Effective Date
of 2008 AmendmentAmendment 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.
Effective Date
of 2002 AmendmentAmendment 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, Domestic Security. Report on Mechanisms for Determinations of Disclosure 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 appropriate committees of Congress a report on the authorities and procedures utilized by the Department of Justice for determining whether or not to disclose information acquired under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) for law
Enforcement
purposes. “(2) In this subsection, the term ‘appropriate committees 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 Intelligence and the Committee on the Judiciary of the House of Representatives.”
Reference
Citations & Metadata
Citation
50 U.S.C. § 1806
Title 50, War and National Defense
Last Updated
Sep 23, 2026
Release point: 119-110