50 U.S.C. § 1871

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 1871 - Semiannual report of the Attorney General

(a) Report

On a semiannual basis, the Attorney General shall submit to the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate, in a manner consistent with the protection of the national security, a report setting forth with respect to the preceding 6-month period-

(1) the aggregate number of persons targeted for orders issued under this chapter, including a breakdown of those targeted for-

(A) electronic surveillance under section 1805 of this title;

(B) physical searches under section 1824 of this title;

(C) pen registers under section 1842 of this title;

(D) access to records under section 1861 ¹ of this title;

(E) acquisitions under section 1881b of this title; and

(F) acquisitions under section 1881c of this title;

(2) the number of individuals covered by an order issued pursuant to section 1801(b)(1)(C) ¹ of this title;

(3) the number of times that the Attorney General has authorized that information obtained under this chapter may be used in a criminal proceeding or any information derived therefrom may be used in a criminal proceeding;

(4) a summary of significant legal interpretations of this chapter involving matters before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, including interpretations presented in applications or pleadings filed with the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review by the Department of Justice; and

(5) copies of all decisions, orders, or opinions of the Foreign Intelligence Surveillance Court or Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of the provisions of this chapter.

(b) Frequency

The first report under this section shall be submitted not later than 6 months after December 17, 2004. Subsequent reports under this section shall be submitted semi-annually thereafter.

(c) Submissions to Congress

The Attorney General shall submit to the committees of Congress referred to in subsection (a)-

(1) not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion, including any denial or modification of an application under this chapter, that includes significant construction or interpretation of any provision of law or results in a change of application of any provision of this chapter or a novel application of any provision of this chapter, a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion;

(2) a copy of each such decision, order, or opinion, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, that was issued during the 5-year period ending on July 10, 2008, and not previously submitted in a report under subsection (a);

(3) for any hearing, oral argument, or other proceeding before the Foreign Intelligence Surveillance Court or Foreign Intelligence Surveillance Court of Review for which a court reporter produces a transcript, not later than 45 days after the government receives the final transcript or the date on which the matter of the hearing, oral argument, or other proceeding is resolved, whichever is later, a notice of the existence of such transcript. Not later than three business days after a committee referred to in subsection (a) requests to review an existing transcript, the Attorney General shall facilitate such request; and

(4) a copy of each declassified document that has undergone review under section 1872 of this title.

(d) Protection of national security

The Attorney General, in consultation with the Director of National Intelligence, may authorize redactions of materials described in subsection (c) that are provided to the committees of Congress referred to in subsection (a), if such redactions are necessary to protect the national security of the United States and are limited to sensitive sources and methods information or the identities of targets.

(e) Definitions

In this section:

(1) Foreign Intelligence Surveillance Court

The term "Foreign Intelligence Surveillance Court" means the court established under section 1803(a) of this title.

(2) Foreign Intelligence Surveillance Court of Review

The term "Foreign Intelligence Surveillance Court of Review" means the court established under section 1803(b) of this title.

¹ See References in Text note below.

50 U.S.C. § 1871

Pub. L. 95-511, title VI, §601, as added Pub. L. 108-458, §6002, 118 Stat. 3743; amended Pub. L. 110-261, §§101(c)(2), 103, title IV, §403(b)(2)(B), July 10, 2008, 122 Stat. 2459, 2460, 2474; Pub. L. 114-23, §604, 129 Stat. 297; Pub. L. 118-49, §8(b), Apr. 20, 2024, 138 Stat. 874.

Amendment of Subsection (a)(1) Pub. L. 110-261, §403, 122 Stat. 2474, as amended by Pub. L. 112-238, §2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115-118, §201, 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)(2), 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 the date of enactment of the Reforming Intelligence and Securing America Act, Pub. L. 118-49, which was approved Apr. 20, 2024, subsection (a)(1) of this section is amended to read as it read on the day before July 10, 2008.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in subsecs. (a) and (c)(1), 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. Section 1861 of this title, referred to in subsec. (a)(1)(D), means section 1861 of this title prior to the amendment of section 1861 by Pub. L. 109-177, §102, 120 Stat. 195, set out as an Effective Date of 2006 Amendment note under section 1805 of this title, which amended section 1861 of this title, effective Mar. 15, 2020, so that such section read as it read on Oct. 25, 2001, with certain exceptions. Section 1801(b)(1)(C) of this title, referred to in subsec. (a)(2), was temporarily added by Pub. L. 108-458, §6001, 118 Stat. 3742, and provided that, as used in subchapter I of this chapter, the term "agent of a foreign power" included any person other than a United States person who "engages in international terrorism or activities in preparation therefore". Such amendment ceased to have effect on Mar. 15, 2020; see section 6001(b) of Pub. L. 108-458, set out as a Termination Date of 2004 Amendment note under section 1801 of this title.

PRIOR PROVISIONS A prior section 601 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.

AMENDMENTS2024-Subsec. (c)(3), (4). Pub. L. 118-49 added pars. (3) and (4). 2015-Subsec. (c)(1). Pub. L. 114-23 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "a copy of any decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of any provision of this chapter, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, not later than 45 days after such decision, order, or opinion is issued; and". 2008-Subsec. (a)(1)(E), (F). Pub. L. 110-261, §101(c)(2), added subpars. (E) and (F).Subsec. (a)(5). Pub. L. 110-261, §103(a), substituted ", orders," for "(not including orders)". Subsecs. (c), (d). Pub. L. 110-261, §103(b), added subsecs. (c) and (d).Subsec. (e). Pub. L. 110-261, §103(c), added subsec. (e).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-261, §403, 122 Stat. 2474, as amended by Pub. L. 112-238, §2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115-118, §201, 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)(2), Apr. 20, 2024, 138 Stat. 891, 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 amendments made by section 403(b)(2) are effective two years after the date of enactment of the Reforming Intelligence and Securing America Act, Pub. L. 118-49, which was approved Apr. 20, 2024.