Title 50 — War and National Defense
Chapter 36 — Foreign Intelligence Surveillance
§ 1871. Semiannual report of the Attorney General
Statutory text
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—
the aggregate number of persons targeted for orders issued under this chapter, including a breakdown of those targeted for—
electronic surveillance under section 1805 of this title;
physical searches under section 1824 of this title;
pen registers under section 1842 of this title;
access to records under section 1861 1 of this title;
acquisitions under section 1881b of this title; and
acquisitions under section 1881c of this title;
the number of individuals covered by an order issued pursuant to section 1801(b)(1)(C) 1 of this title;
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;
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
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.
Frequency
The first report under this section shall be submitted not later than 6 months after . Subsequent reports under this section shall be submitted semi-annually thereafter.
Submissions to Congress
The Attorney General shall submit to the committees of Congress referred to in subsection (a)—
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;
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 , and not previously submitted in a report under subsection (a);
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
a copy of each declassified document that has undergone review under section 1872 of this title.
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.
Definitions
In this section:
Foreign Intelligence Surveillance Court
The term “Foreign Intelligence Surveillance Court” means the court established under section 1803(a) of this title.
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.
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 VI § 601 · 92 Stat. 1783
Enacted · 50 U.S.C. § 1871
Pub. L. 95–511, title VI, § 601, as added Pub. L. 108–458, title VI, § 6002(a)(2), Dec. 17, 2004, 118 Stat. 3743
Source evidence
Code source credit
Pub. L. 95–511, title VI, § 601, as added Pub. L. 108–458, title VI, § 6002(a)(2), Dec. 17, 2004, 118 Stat. 3743Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
Pub. L. 110–261 § 101(c)(2) · 122 Stat. 2436
Added · 50 U.S.C. § 1871(a)(1)(E); 50 U.S.C. § 1871(a)(1)(F)
Pub. L. 110–261, § 101(c)(2), added subpars. (E) and (F)
Source evidence
Code amendment note
Subsec. (a)(1)(E), (F). Pub. L. 110–261, § 101(c)(2), added subpars. (E) and (F).Enacted provision · exact public law section
(2) Foreign intelligence surveillance act of 1978.— Section 601(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)(1)) is amended— (A) in subparagraph (C), by striking “and”; and (B) by adding at the end the following new subparagraphs: “(E) acquisitions under section 703; and “(F) acquisitions under section 704;” .Effective date note
Pub. L. 110–261, title IV, § 403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(2), Jan. 19, 2018, 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; Pub. L. 119–84, § 1(a)(2), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, 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 June 12, 2026.Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
Pub. L. 110–261 § 103(a) · 122 Stat. 2436
Substituted · 50 U.S.C. § 1871(a)(5)
Pub. L. 110–261, § 103(a), substituted “, orders,” for “(not including orders)”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 110–261, § 103(a), substituted “, orders,” for “(not including orders)”.Enacted provision · exact public law section
(a) Inclusion of Certain Orders in Semiannual Reports of Attorney General.— Subsection (a)(5) of section 601 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871) is amended by striking “(not including orders)” and inserting “, orders,”.Effective date note
Pub. L. 110–261, title IV, § 403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(2), Jan. 19, 2018, 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; Pub. L. 119–84, § 1(a)(2), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, 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 June 12, 2026.Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
Pub. L. 110–261 § 103(b) · 122 Stat. 2436
Added · 50 U.S.C. § 1871(c); 50 U.S.C. § 1871(d)
Pub. L. 110–261, § 103(b), added subsecs. (c) and (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 110–261, § 103(b), added subsecs. (c) and (d).Enacted provision · exact public law section
(b) Reports by Attorney General on Certain Other Orders.— Such section 601 is further amended by adding at the end the following: “(c) Submissions to Congress.— The Attorney General shall submit to the committees of Congress referred to in subsection (a)— “(1) Deadline. 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 Act, 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 “(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 the date of the enactment of the FISA Amendments Act of 2008 and not previously submitted in a report under subsection (a). “(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.” .Effective date note
Pub. L. 110–261, title IV, § 403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(2), Jan. 19, 2018, 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; Pub. L. 119–84, § 1(a)(2), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, 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 June 12, 2026.Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
Pub. L. 110–261 § 103(c) · 122 Stat. 2436
Added · 50 U.S.C. § 1871(e)
Pub. L. 110–261, § 103(c), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 110–261, § 103(c), added subsec. (e).Enacted provision · exact public law section
(c) Definitions.— Such section 601, as amended by subsections (a) and (b), is further amended by adding at the end the following: “(e) Definitions.— In this section: “(1) Foreign intelligence surveillance court.— The term ‘Foreign Intelligence Surveillance Court’ means the court established under section 103(a). “(2) Foreign intelligence surveillance court of review.— The term ‘Foreign Intelligence Surveillance Court of Review’ means the court established under section 103(b).” .Effective date note
Pub. L. 110–261, title IV, § 403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(2), Jan. 19, 2018, 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; Pub. L. 119–84, § 1(a)(2), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, 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 June 12, 2026.Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015
Pub. L. 114–23 title VI § 604 · 129 Stat. 268
Amended · 50 U.S.C. § 1871(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
SEC. 604. REPORTING REQUIREMENTS FOR DECISIONS, ORDERS, AND OPINIONS OF THE FOREIGN INTELLIGENCE SURVEILLANCE COURT AND THE FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW. Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is amended to read as follows: “(1) Records. 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 Act, that includes significant construction or interpretation of any provision of law or results in a change of application of any provision of this Act or a novel application of any provision of this Act, a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; and” .Pub. L. 118–49 § 8(b) · 138 Stat. 874
Added · 50 U.S.C. § 1871(c)(3); 50 U.S.C. § 1871(c)(4)
Pub. L. 118–49 added pars. (3) and (4)
Unresolved: Pub. L. 118–49 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(3), (4). Pub. L. 118–49 added pars. (3) and (4).Effective date note
Pub. L. 110–261, title IV, § 403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(2), Jan. 19, 2018, 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; Pub. L. 119–84, § 1(a)(2), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), Apr. 30, 2026, 140 Stat. 811, 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 June 12, 2026.
5 of 7 references resolved to an enrolled provision · 1 partial · 1 unresolved
Notes
Amendment of Subsection (a)(1)
Pub. L. 110–261, title IV, § 403(b)(2), , 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(2), , 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(2), , 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), , 137 Stat. 1108; Pub. L. 118–49, § 19(a)(2), , 138 Stat. 891; Pub. L. 119–84, § 1(a)(2), , 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), , 140 Stat. 811, 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 , subsection (a)(1) of this section is amended to read as it read on the day before .
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (c)(1), 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.
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, title I, § 102(b), , 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 , so that such section read as it read on , 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, title VI, § 6001(a), , 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 ; 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.
Amendments2008–2024 · 3 rounds
2024
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, title IV, § 403(b)(2), , 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(2), , 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(2), , 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(1), , 137 Stat. 1108; Pub. L. 118–49, § 19(a)(2), , 138 Stat. 891; Pub. L. 119–84, § 1(a)(2), , 140 Stat. 770; Pub. L. 119–87, § 1(a)(1), , 140 Stat. 811, 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 .
Credits
2004–2024 · 4 acts
- 2004Pub. L. 95–511, title VI, § 601, as added Pub. L. 108–458, title VI, § 6002(a)(2), , 118 Stat. 3743
- 2008amended Pub. L. 110–261, title I, §§ 101(c)(2), 103, title IV, § 403(b)(2)(B), , 122 Stat. 2459, 2460, 2474
- 2015Pub. L. 114–23, title VI, § 604, , 129 Stat. 297
- 2024Pub. L. 118–49, § 8(b), , 138 Stat. 874.
Show as published
(Pub. L. 95–511, title VI, § 601, as added Pub. L. 108–458, title VI, § 6002(a)(2), , 118 Stat. 3743; amended Pub. L. 110–261, title I, §§ 101(c)(2), 103, title IV, § 403(b)(2)(B), , 122 Stat. 2459, 2460, 2474; Pub. L. 114–23, title VI, § 604, , 129 Stat. 297; Pub. L. 118–49, § 8(b), , 138 Stat. 874.)