50 USC 1813 - Procedures for the retention of incidentally acquired communications

U.S Code last checked for updates: May 07, 2024

§ 1813.

Procedures for the retention of incidentally acquired communications

(a)

Definitions

In this section:

(1)

Covered communication

(2)

Head of an element of the intelligence community

The term “head of an element of the intelligence community” means, as appropriate—

(A)

the head of an element of the intelligence community; or

(B)

the head of the department or agency containing such element.

(3)

United States person

(b)

Procedures for covered communications

(1)

Requirement to adopt

(2)

Coordination and approval

The procedures required by paragraph (1) shall be—

(A)

prepared in coordination with the Director of National Intelligence; and

(B)

approved by the Attorney General prior to issuance.

(3)

Procedures

(A)

Application

(B)

Limitation on retention

A covered communication shall not be retained in excess of 5 years, unless—

(i)

the communication has been affirmatively determined, in whole or in part, to constitute foreign intelligence or counterintelligence or is necessary to understand or assess foreign intelligence or counterintelligence;

(ii)

the communication is reasonably believed to constitute evidence of a crime and is retained by a law enforcement agency;

(iii)

the communication is enciphered or reasonably believed to have a secret meaning;

(iv)

all parties to the communication are reasonably believed to be non-United States persons;

(v)

retention is necessary to protect against an imminent threat to human life, in which case both the nature of the threat and the information to be retained shall be reported to the congressional intelligence committees not later than 30 days after the date such retention is extended under this clause;

(vi)

retention is necessary for technical assurance or compliance purposes, including a court order or discovery obligation, in which case access to information retained for technical assurance or compliance purposes shall be reported to the congressional intelligence committees on an annual basis; or

(vii)

retention for a period in excess of 5 years is approved by the head of the element of the intelligence community responsible for such retention, based on a determination that retention is necessary to protect the national security of the United States, in which case the head of such element shall provide to the congressional intelligence committees a written certification describing—

(I)

the reasons extended retention is necessary to protect the national security of the United States;

(II)

the duration for which the head of the element is authorizing retention;

(III)

the particular information to be retained; and

(IV)

the measures the element of the intelligence community is taking to protect the privacy interests of United States persons or persons located inside the United States.

(Pub. L. 113–293, title III, § 309, Dec. 19, 2014, 128 Stat. 3998.)

cite as: 50 USC 1813