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50 U.S.C. § 1881f — Congressional oversight

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1881f — Congressional oversight

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Stable record: federal_law:legal_authorities:record_usc_cd76d19ade01b816061c5bab
Source file: Laws/federal/codes/united-states-code/title-50/section-1881f-congressional-oversight--047548e562.md
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Source location: Title 50, Chapter 36, § 1881f; chapter-036-foreign-intelligence-surveillance.md

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**(a) Semiannual report** Not less frequently than once every 6 months, the Attorney General shall fully inform, in a manner consistent with national security, the congressional intelligence committees and the Committees on the Judiciary of the Senate and the House of Representatives, consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution, concerning the implementation of this subchapter. **(b) Content** Each report under subsection (a) shall include— (1) with respect to [section 1881a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a&num=0&edition=prelim)— (A) any certifications submitted in accordance with [section 1881a(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a/h&num=0&edition=prelim) during the reporting period; (B) with respect to each determination under [section 1881a(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a/c/2&num=0&edition=prelim), the reasons for exercising the authority under such section; (C) any directives issued under [section 1881a(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a/i&num=0&edition=prelim) during the reporting period; (D) a description of the judicial review during the reporting period of such certifications and targeting and minimization procedures adopted in accordance with subsections (d) and (e) of [section 1881a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a&num=0&edition=prelim) and utilized with respect to an acquisition under such section, including a copy of an order or pleading in connection with such review that contains a significant legal interpretation of the provisions of [section 1881a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a&num=0&edition=prelim); (E) any actions taken to challenge or enforce a directive under paragraph (4) or (5) of [section 1881a(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a/i&num=0&edition=prelim); (F) any compliance reviews conducted by the Attorney General or the Director of National Intelligence of acquisitions authorized under [section 1881a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a/a&num=0&edition=prelim); (G) a description of any incidents of noncompliance— (i) with a directive issued by the Attorney General and the Director of National Intelligence under [section 1881a(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a/i&num=0&edition=prelim), including incidents of noncompliance by a specified person to whom the Attorney General and Director of National Intelligence issued a directive under [section 1881a(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a/i&num=0&edition=prelim); and (ii) by an element of the intelligence community with procedures and guidelines adopted in accordance with subsections (d), (e), (f)(1), and (g) of [section 1881a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a&num=0&edition=prelim); and (H) any procedures implementing [section 1881a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a&num=0&edition=prelim); (2) with respect to [section 1881b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881b&num=0&edition=prelim)— (A) the total number of applications made for orders under [section 1881b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881b/b&num=0&edition=prelim); (B) the total number of such orders— (i) granted; (ii) modified; and (iii) denied; and (C) the total number of emergency acquisitions authorized by the Attorney General under [section 1881b(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881b/d&num=0&edition=prelim) and the total number of subsequent orders approving or denying such acquisitions; and (3) with respect to [section 1881c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881c&num=0&edition=prelim)— (A) the total number of applications made for orders under [section 1881c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881c/b&num=0&edition=prelim); (B) the total number of such orders— (i) granted; (ii) modified; and (iii) denied; and (C) the total number of emergency acquisitions authorized by the Attorney General under [section 1881c(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881c/d&num=0&edition=prelim) and the total number of subsequent orders approving or denying such applications.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1881c — Other acquisitions targeting United States persons outside the United States

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1881c

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1881a — Procedures for targeting certain persons outside the United States other than United States persons

**(a) Authorization** Notwithstanding any other provision of law, upon the issuance of an order in accordance with subsection (j)(3) or a determination under subsection (c)(2), the Attorney General and the Director of National Intelligence may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information. **(b) Limitations** An acquisition authorized under subsection (a)— (1) may not intentionally target any person known at the time of acquisition to be located in the United States; (2) may not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States; (3) may not intentionally target a United States person reasonably believed to be located outside the United States; (4) may not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States; (5) may not intentionally acquire communications that contain a reference to, but are not to or from, a target of an acquisition authorized under subsection (a); and (6) shall be conducted in a manner consistent with the fourth amendment to the Constitution of the United States. **(c) Conduct of acquisition** (1) **In general** — An acquisition authorized under subsection (a) shall be conducted only in accordance with— (A) the targeting and minimization procedures adopted in accordance with subsections (d) and (e); and (B) upon submission of a certification in accordance with subsection (h), such certificat

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1881a

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1881b — Certain acquisitions inside the United States targeting United States persons outside the United States

**(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

50 U.S.C. § 1801 — Definitions

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1801

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1881f — Congressional oversight

Page 307 TITLE 50—WAR AND NATIONAL DEFENSE § 1881f (B) No judicial review A determination by the Attorney General under subparagraph (A)(ii) is not subject to judicial review. (b) Information acquired under section 1881b Information acquired from an acquisition con- ducted under section 1881b of this title shall be deemed to be information acquired from an elec- tronic surveillance pursuant to subchapter I for purposes of section 1806 of this title. (Pub. L. 95–511, title VII, § 706, as added Pub. L. 110–261, title I, § 101(a)(2), July 10, 2008, 122 Stat. 2457; amended Pub. L. 115–118, title I, § 102(a), Jan. 19, 2018, 132 Stat. 8.) REPEAL OF SECTION Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), 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)(1), 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 Apr. 20, 2024, this section is repealed. Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–118 designated existing provisions as par. (1), inserted par. heading, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), 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)(1), Apr. 20, 2024, 138 Stat. 891, prov

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1881f

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