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50 U.S.C. § 1871 — Semiannual report of the Attorney General
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1805&num=0&edition=prelim);
(B) physical searches under [section 1824 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1824&num=0&edition=prelim);
(C) pen registers under [section 1842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1842&num=0&edition=prelim);
(D) access to records under section 1861 11 See References in Text note below. of this title;
(E) acquisitions under [section 1881b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881b&num=0&edition=prelim); and
(F) acquisitions under [section 1881c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881c&num=0&edition=prelim);
(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 proce
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Source file: Laws/federal/codes/united-states-code/title-50/section-1871-semiannual-report-of-the-attorney-general--020f1c1916.md
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Source location: Title 50, Chapter 36, § 1871; chapter-036-foreign-intelligence-surveillance.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1805&num=0&edition=prelim);
(B) physical searches under [section 1824 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1824&num=0&edition=prelim);
(C) pen registers under [section 1842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1842&num=0&edition=prelim);
(D) access to records under section 1861 11 See References in Text note below. of this title;
(E) acquisitions under [section 1881b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881b&num=0&edition=prelim); and
(F) acquisitions under [section 1881c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881c&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1872&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/a&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/b&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for authorization or approval**
(1) Notwithstanding any other provision of law, the Attorney General or a designated attorney for the Government may make an application for an order or an extension of an order authorizing or approving the installation and use of a pen register or trap and trace device for any investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution which is being conducted by the Federal Bureau of Investigation under such guidelines as the Attorney General approves pursuant to Executive Order No. 12333, or a successor order.
(2) The authority under paragraph (1) is in addition to the authority under subchapter I of this chapter to conduct the electronic surveillance referred to in that paragraph.
**(b) Form of application; recipient** Each application under this section shall be in writing under oath or affirmation to—
(1) a judge of the court established by [section 1803(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/a&num=0&edition=prelim); or
(2) a United States Magistrate Judge under chapter 43 of title 28 who is publicly designated by the Chief Justice of the United States to have the power to hear applications for and grant orders approving the installation and use of a pen register or trap and trace device on behalf of a judge of that court.
**(c) Executive approval; contents of application** Each application under this section shall require the approval of the Attorney General, or a desi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Necessary findings** Upon an application made pursuant to [section 1823 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1823&num=0&edition=prelim), the judge shall enter an ex parte order as requested or as modified approving the physical search if the judge finds that—
(1) the application has been made by a Federal officer and approved by the Attorney General;
(2) on the basis of the facts submitted by the applicant there is probable cause to believe that—
(A) the target of the physical search is a foreign power or an agent of a foreign power, except that no United States person may be considered an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and
(B) the premises or property to be searched is or is about to be owned, used, possessed by, or is in transit to or from an agent of a foreign power or a foreign power;
(3) the proposed minimization procedures meet the definition of minimization contained in this subchapter; and
(4) the application which has been filed contains all statements and certifications required by [section 1823 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1823&num=0&edition=prelim), and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under [section 1823(a)(6)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1823/a/6/E&num=0&edition=prelim) and any other information furnished under [section 1823(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1823/c&num=0&edition=prelim).
**(b) De
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The terms “foreign power”, “agent of a foreign power”, “foreign intelligence information”, “international terrorism”, and “Attorney General” shall have the same meanings as in [section 1801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim).
(2) The term “common carrier” means any person or entity transporting people or property by land, rail, water, or air for compensation.
(3) The term “physical storage facility” means any business or entity that provides space for the storage of goods or materials, or services related to the storage of goods or materials, to the public or any segment thereof.
(4) The term “public accommodation facility” means any inn, hotel, motel, or other establishment that provides lodging to transient guests.
(5) The term “vehicle rental facility” means any person or entity that provides vehicles for rent, lease, loan, or other similar use to the public or any segment thereof.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declassification required** Subject to subsection (b), the Director of National Intelligence, in consultation with the Attorney General, shall conduct a declassification review, to be concluded as soon as practicable, but not later than 180 days after the commencement of such review, of each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review (as defined in [section 1871(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1871/e&num=0&edition=prelim)) that includes a significant construction or interpretation of any provision of law, including any novel or significant construction or interpretation of the term “specific selection term”, and, consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion.
**(b) Redacted form** The Director of National Intelligence, in consultation with the Attorney General, may satisfy the requirement under subsection (a) to make a decision, order, or opinion described in such subsection publicly available to the greatest extent practicable by making such decision, order, or opinion publicly available in redacted form.
**(c) National security waiver** The Director of National Intelligence, in consultation with the Attorney General, may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection (a), if—
(1) the Director of National Intelligence, in consultation with the Attorney General, determines that a waiver of such requirement is necessary to protect the national security of the United States or properly classified intelligence sources or methods; and
(2) the Director of Na
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1872
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction and scope**
(1) **Jurisdiction** — The Foreign Intelligence Surveillance Court shall have jurisdiction to enter an order pursuant to subsection (c).
(2) **Scope** — No element of the intelligence community may intentionally target, for the purpose of acquiring foreign intelligence information, a United States person reasonably believed to be located outside the United States under circumstances in which the targeted United States person has a reasonable expectation of privacy and a warrant would be required if the acquisition were conducted inside the United States for law enforcement purposes, unless a judge of the Foreign Intelligence Surveillance Court has entered an order with respect to such targeted United States person or the Attorney General has authorized an emergency acquisition pursuant to subsection (c) or (d), respectively, or any other provision of this chapter.
(3) **Limitations**
(A) *Moving or misidentified targets* — If a United States person targeted under this subsection is reasonably believed to be located in the United States during the effective period of an order issued pursuant to subsection (c), an acquisition targeting such United States person under this section shall cease unless the targeted United States person is again reasonably believed to be located outside the United States during the effective period of such order.
(B) *Applicability* — If an acquisition for foreign intelligence purposes is to be conducted inside the United States and could be authorized under [section 1881b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881b&num=0&edition=prelim), the acquisition may only be conducted if authorized under [section 1881b of this title](https://uscode.house.gov/vi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Necessary findings** Upon an application made pursuant to [section 1804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1804&num=0&edition=prelim), the judge shall enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that—
(1) the application has been made by a Federal officer and approved by the Attorney General;
(2) on the basis of the facts submitted by the applicant there is probable cause to believe that—
(A) the target of the electronic surveillance is a foreign power or an agent of a foreign power: Provided, That no United States person may be considered a foreign power or an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and
(B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;
(3) the proposed minimization procedures meet the definition of minimization procedures under [section 1801(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/h&num=0&edition=prelim); and
(4) the application which has been filed contains all statements and certifications required by [section 1804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1804&num=0&edition=prelim) and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 1804(a)(7)(E) 11 See References in Text note below. of this title and any other information furnished under section 1804(d) 1 of this title.
**(b) Determination of
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction of the Foreign Intelligence Surveillance Court**
(1) **In general** — The Foreign Intelligence Surveillance Court shall have jurisdiction to review an application and to enter an order approving the targeting of a United States person reasonably believed to be located outside the United States to acquire foreign intelligence information, if the acquisition constitutes electronic surveillance or the acquisition of stored electronic communications or stored electronic data that requires an order under this chapter, and such acquisition is conducted within the United States.
(2) **Limitation** — If a United States person targeted under this subsection is reasonably believed to be located in the United States during the effective period of an order issued pursuant to subsection (c), an acquisition targeting such United States person under this section shall cease unless the targeted United States person is again reasonably believed to be located outside the United States while an order issued pursuant to subsection (c) is in effect. Nothing in this section shall be construed to limit the authority of the Government to seek an order or authorization under, or otherwise engage in any activity that is authorized under, any other subchapter of this chapter.
**(b) Application**
(1) **In general** — Each application for an order under this section shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under subsection (a)(1). Each application shall require the approval of the Attorney General based upon the Attorney General’s finding that it satisfies the criteria and requirements of such application, as set forth in this section, and shall include—
(A) the identity of the Federal officer making the applicat
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1881b
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
**(a)** “Foreign power” means—
(1) a foreign government or any component thereof, whether or not recognized by the United States;
(2) a faction of a foreign nation or nations, not substantially composed of United States persons;
(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
(4) a group engaged in international terrorism or activities in preparation therefor;
(5) a foreign-based political organization, not substantially composed of United States persons;
(6) an entity that is directed and controlled by a foreign government or governments; or
(7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction.
**(b)** “Agent of a foreign power” means—
(1) any person other than a United States person, who—
(A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States;
(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities;
(C) Omitted
(D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or
(E) engages in the international proliferation of weapons of mass destruction, or activities in prepa
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Federal law — U.S. Code and appendices · legal_authorities
Page 281
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1871
1 See References in Text note below.
§ 1004(a), Dec. 19, 2009, 123 Stat. 3470; Pub. L.
111–141, § 1(a), Feb. 27, 2010, 124 Stat. 37; Pub. L.
112–3, § 2(a), Feb. 25, 2011, 125 Stat. 5; Pub. L.
112–14, § 2(a), May 26, 2011, 125 Stat. 216; Pub. L.
114–23, title VII, § 705(a), (c), June 2, 2015, 129
Stat. 300; Pub. L. 116–69, div. B, title VII,
§ 1703(a), Nov. 21, 2019, 133 Stat. 1143.)
Editorial Notes
AMENDMENTS
2019—Pub. L. 116–69 amended directory language of
Pub. L. 109–177, § 102(b)(1). See 2006 Amendment note
below.
2015—Pub. L. 114–23, § 705(a), (c), amended directory
language of Pub. L. 109–177, § 102(b)(1). See 2006 Amend-
ment note below.
2011—Pub. L. 112–14 amended directory language of
Pub. L. 109–177, § 102(b)(1). See 2006 Amendment note
below.
Pub. L. 112–3 amended directory language of Pub. L.
109–177, § 102(b)(1). See 2006 Amendment note below.
2010—Pub. L. 111–141 amended directory language of
Pub. L. 109–177, § 102(b)(1). See 2006 Amendment note
below.
2009—Pub. L. 111–118 amended directory language of
Pub. L. 109–177, § 102(b)(1). See 2006 Amendment note
below.
2006—Pub. L. 109–177, § 102(b)(1), revived this section
to read as it read on Oct. 25, 2001.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REVIVAL
Section, which had been repealed by Pub. L. 107–56,
title II, § 215, Oct. 26, 2001, 115 Stat. 287, was revived by
section 102(b)(1) of Pub. L. 109–177 effective Mar. 15,
2020, except that former provisions to continue in effect
with respect to any particular foreign intelligence in-
vestigation that began before Mar. 15, 2020, or with re-
spect to any particular offense or potential offense that
began or occurred before Mar. 15, 2020, see section 102(b)
of Pu
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