Title 50 — War and National Defense
Chapter 36 — Foreign Intelligence Surveillance
§ 1808. Report of Attorney General to Congressional committees; limitation on authority or responsibility of information gathering activities of Congressional committees; report of Congressional committees to Congress
Statutory text
On a semiannual basis the Attorney General shall fully inform the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate concerning all electronic surveillance under this subchapter. Nothing in this subchapter shall be deemed to limit the authority and responsibility of the appropriate committees of each House of Congress to obtain such information as they may need to carry out their respective functions and duties.
Each report under the first sentence of paragraph (1) shall include a description of—
the total number of applications made for orders and extensions of orders approving electronic surveillance under this subchapter where the nature and location of each facility or place at which the electronic surveillance will be directed is unknown;
each criminal case in which information acquired under this chapter has been authorized for use at trial during the period covered by such report;
the total number of emergency employments of electronic surveillance under section 1805(e) of this title and the total number of subsequent orders approving or denying such electronic surveillance; and
the total number of authorizations under section 1805(f) of this title and the total number of subsequent emergency employments of electronic surveillance under section 1805(e) of this title or emergency physical searches pursuant to section 301(e).1
On or before one year after , and on the same day each year for four years thereafter, the Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence shall report respectively to the House of Representatives and the Senate, concerning the implementation of this chapter. Said reports shall include but not be limited to an analysis and recommendations concerning whether this chapter should be (1) amended, (2) repealed, or (3) permitted to continue in effect without amendment.
Footnotes
- 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.
Foreign Intelligence Surveillance Act of 1978
Pub. L. 95–511 title I § 108 · 92 Stat. 1783
Enacted · 50 U.S.C. § 1808
Pub. L. 95–511, title I, § 108, Oct. 25, 1978, 92 Stat. 1795
Source evidence
Code source credit
Pub. L. 95–511, title I, § 108, Oct. 25, 1978, 92 Stat. 1795Enacted provision · exact public law section
Sec. 108. congressional oversight (a) On a semiannual basis the Attorney General shall Report to congressional committees. 50 USC 1808. fully inform the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence concerning all electronic surveillance under this title. Nothing in this title shall be deemed to limit the authority and responsibility of the appropriate committees of each House of Congress to obtain such information as they may need to carry out their respective functions and duties. (b) On or before one year after the effective date of this Act and Report of congressional committees to Congress. on the same day each year for four years thereafter, the Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence shall report respectively to the House of Representatives and the Senate, concerning the implementation of this Act. Said reports shall include but not be limited to an analysis and recommendations concerning whether this Act should be (1) amended, (2) repealed, or (3) permitted to continue in effect without amendment.Counterintelligence Reform Act of 2000
Pub. L. 106–567 title VI § 604(a) · 114 Stat. 2831
Amended · 50 U.S.C. § 1808(a)
Pub. L. 106–567 designated existing provisions as par. (1)
Added · 50 U.S.C. § 1808(a)
Pub. L. 106–567 added par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–567 designated existing provisions as par. (1) and added par. (2).Enacted provision · exact public law section
(a) Inclusion of Information on Disclosure in Semiannual Oversight Report.— Section 108(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) is amended— (1) by inserting “(1)” after “(a)”; and (2) by adding at the end the following new paragraph: “(2) Each report under the first sentence of paragraph (1) shall include a description of— “(A) each criminal case in which information acquired under this Act has been passed for law enforcement purposes during the period covered by such report; and “(B) each criminal case in which information acquired under this Act has been authorized for use at trial during such reporting period.”.USA PATRIOT Improvement and Reauthorization Act of 2005
Pub. L. 109–177 § 108(c)(1) · 120 Stat. 192
Inserted · 50 U.S.C. § 1808(a)(1)
Pub. L. 109–177, § 108(c)(1), inserted “, and the Committee on the Judiciary of the Senate,” after “Senate Select Committee on Intelligence”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 109–177, § 108(c)(1), inserted “, and the Committee on the Judiciary of the Senate,” after “Senate Select Committee on Intelligence”.Enacted provision · exact public law section
(1) Report to congress.— Section 108(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(1)) is amended by inserting “, and the Committee on the Judiciary of the Senate,” after “Senate Select Committee on Intelligence”.USA PATRIOT Improvement and Reauthorization Act of 2005
Pub. L. 109–177 § 108(c)(2) · 120 Stat. 192
Amended · 50 U.S.C. § 1808(a)(2)
Pub. L. 109–177, § 108(c)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Each report under the first sentence of paragraph (1) shall include a description of—
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 109–177, § 108(c)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Each report under the first sentence of paragraph (1) shall include a description of—“(A) each criminal case in which information acquired under this chapter has been passed for law enforcement purposes during the period covered by such report; and “(B) each criminal case in which information acquired under this chapter has been authorized for use at trial during such reporting period.”
Enacted provision · exact public law section
(2) Modification of semiannual report requirement on activities under foreign intelligence surveillance act of 1978.— Paragraph (2) of section 108(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) is amended to read as follows: “(2) Each report under the first sentence of paragraph (1) shall include a description of— “(A) the total number of applications made for orders and extensions of orders approving electronic surveillance under this title where the nature and location of each facility or place at which the electronic surveillance will be directed is unknown; “(B) each criminal case in which information acquired under this Act has been authorized for use at trial during the period covered by such report; and “(C) the total number of emergency employments of electronic surveillance under section 105(f) and the total number of subsequent orders approving or denying such electronic surveillance.” .Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
Pub. L. 110–261 title I § 105(b) · 122 Stat. 2436
Substituted · 50 U.S.C. § 1808(a)(2)(C)
Pub. L. 110–261 substituted “1805(e)” for “1805(f)”
Source evidence
Code amendment note
Subsec. (a)(2)(C). Pub. L. 110–261 substituted “1805(e)” for “1805(f)”.Enacted provision · exact public law section
(b) Conforming Amendment.— Section 108(a)(2)(C) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(2)(C)) is amended by striking “105(f)” and inserting “105(e)”;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.Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015
Pub. L. 114–23 § 605(a) · 129 Stat. 268
Substituted · 50 U.S.C. § 1808(a)(1)
Pub. L. 114–23, § 605(a), substituted “the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate” for “the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate,”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 114–23, § 605(a), substituted “the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate” for “the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate,”.Enacted provision · exact public law section
(a) Electronic Surveillance.— Section 108(a)(1) (50 U.S.C. 1808(a)(1)) is amended by striking “the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate,” and inserting “the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate”.Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015
Pub. L. 114–23 § 701(c) · 129 Stat. 268
Added · 50 U.S.C. § 1808(a)(2)(D)
Pub. L. 114–23, § 701(c), added subpar. (D)
Source evidence
Code amendment note
Subsec. (a)(2)(D). Pub. L. 114–23, § 701(c), added subpar. (D).Enacted provision · exact public law section
(c) Report to Congress.— Section 108(a)(2) (50 U.S.C. 1808(a)(2)) is amended— (1) in subparagraph (B), by striking “and” at the end; (2) in subparagraph (C), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(D) the total number of authorizations under section 105(f) and the total number of subsequent emergency employments of electronic surveillance under section 105(e) or emergency physical searches pursuant to section 301(e).” .
8 of 8 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 301, referred to in subsec. (a)(2)(D), means section 301 of Pub. L. 95–511, which is classified to section 1821 of this title, relates to definitions for terms used in subchapter II of this chapter, and does not contain a subsec. (e). Section 304(e) of Pub. L. 95–511, which is classified to section 1824(e) of this title, relates to authorizations and orders for emergency physical searches.
This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 95–511, , 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.
Amendments2000–2015 · 4 rounds
2015
Subsec. (a)(1). Pub. L. 114–23, § 605(a), substituted “the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate” for “the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate,”.
Subsec. (a)(2)(D). Pub. L. 114–23, § 701(c), added subpar. (D).
2008
Subsec. (a)(2)(C). Pub. L. 110–261 substituted “1805(e)” for “1805(f)”.
2006
Subsec. (a)(1). Pub. L. 109–177, § 108(c)(1), inserted “, and the Committee on the Judiciary of the Senate,” after “Senate Select Committee on Intelligence”.
Subsec. (a)(2). Pub. L. 109–177, § 108(c)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Each report under the first sentence of paragraph (1) shall include a description of—
“(A) each criminal case in which information acquired under this chapter has been passed for law enforcement purposes during the period covered by such report; and
“(B) each criminal case in which information acquired under this chapter has been authorized for use at trial during such reporting period.”
2000
Subsec. (a). Pub. L. 106–567 designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–261 effective , 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.
Credits
1978–2015 · 5 acts
- 1978Pub. L. 95–511, title I, § 108, , 92 Stat. 1795
- 2000Pub. L. 106–567, title VI, § 604(a), , 114 Stat. 2853
- 2006Pub. L. 109–177, title I, § 108(c), , 120 Stat. 204
- 2008Pub. L. 110–261, title I, § 105(b), , 122 Stat. 2462
- 2015Pub. L. 114–23, title VI, § 605(a), title VII, § 701(c), , 129 Stat. 297, 299.
Show as published
(Pub. L. 95–511, title I, § 108, , 92 Stat. 1795; Pub. L. 106–567, title VI, § 604(a), , 114 Stat. 2853; Pub. L. 109–177, title I, § 108(c), , 120 Stat. 204; Pub. L. 110–261, title I, § 105(b), , 122 Stat. 2462; Pub. L. 114–23, title VI, § 605(a), title VII, § 701(c), , 129 Stat. 297, 299.)