50 U.S.C. § 1874 — Public reporting by persons subject to or-

Page 286 TITLE 50—WAR AND NATIONAL DEFENSE § 1874 graph, the Director of the Federal Bureau of Investigation shall submit a quarterly report to the congressional intelligence committees and to the Committees on the Judiciary of the House of Representatives and of the Senate that includes the number of U.S. person que- ries conducted during that quarter. (g) Definitions In this section: (1) Contents The term ‘‘contents’’ has the meaning given that term under section 2510 of title 18. (2) Electronic communication The term ‘‘electronic communication’’ has the meaning given that term under section 2510 of title 18. (3) National security letter The term ‘‘national security letter’’ means a request for a report, records, or other informa- tion under— (A) section 2709 of title 18; (B) section 3414(a)(5)(A) of title 12; (C) subsection (a) or (b) of section 1681u of title 15; or (D) section 1681v(a) of title 15. (4) United States person The term ‘‘United States person’’ means a citizen of the United States or an alien law- fully admitted for permanent residence (as de- fined in section 1101(a) of title 8). (5) Wire communication The term ‘‘wire communication’’ has the meaning given that term under section 2510 of title 18. (Pub. L. 95–511, title VI, § 603, as added Pub. L. 114–23, title VI, § 602(a), June 2, 2015, 129 Stat. 292; amended Pub. L. 115–118, title I, § 102(b), Jan. 19, 2018, 132 Stat. 9; Pub. L. 118–49, §§ 11(a)(1), 12(a), 14(b), Apr. 20, 2024, 138 Stat. 878, 879, 882.) Editorial Notes REFERENCES IN TEXT Section 1861 of this title, referred to in subsecs. (a)(1)(A) and (b)(5), (6), means section 1861 of this title prior to the amendment of section 1861 by Pub. L. 109–177, title I, § 102(b), Mar. 9, 2006, 120 Stat. 195, set out as an Effective Date of 2006 Amendment note under sec- tion 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. This chapter, referred to in subsec. (b)(4), was in the original ‘‘this Act’’, meaning Pub. L. 95–511, Oct. 25, 1978, 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. For the effective date of this paragraph, referred to in subsec. (f)(3), see Effective Date of 2024 Amendment note below. AMENDMENTS 2024—Subsec. (a)(1)(G). Pub. L. 118–49, § 14(b), added subpar. (G). Subsec. (b)(2)(B). Pub. L. 118–49, § 11(a)(1)(A), inserted ‘‘(or combined unminimized contents and noncontents information)’’ after ‘‘unminimized contents’’. Subsec. (d)(2). Pub. L. 118–49, § 11(a)(1)(B), amended par. (2) generally. Prior to amendment, par. (2) related to nonapplicability to certain information, consisting of subpar. (A) relating to certain information held by or queries conducted by the Federal Bureau of Inves- tigation and subpar. (B) relating to electronic mail ad- dress and telephone numbers. Subsec. (e). Pub. L. 118–49, § 12(a)(2), added subsec. (e). Former subsec. (e) redesignated (g). Subsec. (f). Pub. L. 118–49, § 11(a)(1)(C), added subsec. (f). Subsec. (g). Pub. L. 118–49, § 12(a)(1), redesignated sub- sec. (e) as (g). 2018—Subsec. (b)(1). Pub. L. 115–118, § 102(b)(1)(A), sub- stituted ‘‘good faith estimate of—’’ for ‘‘good faith esti- mate of the number of targets of such orders;’’ and added subpars. (A) to (C). Subsec. (b)(2). Pub. L. 115–118, § 102(b)(1)(B), inserted ‘‘, including pursuant to subsection (f)(2) of such sec- tion,’’ after ‘‘section 1881a of this title’’ in introductory provisions, added subpars. (A) and (D), and redesignated former subpars. (A) and (B) as (B) and (C), respectively. Subsec. (b)(3)(A). Pub. L. 115–118, § 102(b)(1)(C), sub- stituted ‘‘orders, including—’’ for ‘‘orders; and’’ and added cls. (i) and (ii). Subsec. (b)(4) to (7). Pub. L. 115–118, § 102(b)(1)(D), (E), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively. Subsec. (d)(1). Pub. L. 115–118, § 102(b)(2)(A), sub- stituted ‘‘(5), or (6)’’ for ‘‘(4), or (5)’’. Subsec. (d)(2)(A). Pub. L. 115–118, § 102(b)(2)(B), sub- stituted ‘‘Paragraphs (2)(B), (2)(C), and (6)(C)’’ for ‘‘Paragraphs (2)(A), (2)(B), and (5)(C)’’ and inserted be- fore period at end ‘‘, except with respect to information required under paragraph (2) relating to orders issued under section 1881a(f)(2) of this title’’. Subsec. (d)(3)(A). Pub. L. 115–118, § 102(b)(2)(C), sub- stituted ‘‘subsection (b)(2)(C)’’ for ‘‘subsection (b)(2)(B)’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–49, § 11(a)(2), Apr. 20, 2024, 138 Stat. 879, provided that: ‘‘The amendments made by this sub- section [amending this section] shall take effect on January 1, 2025.’’ § 1874. Public reporting by persons subject to or- ders (a) Reporting A person subject to a nondisclosure require- ment accompanying an order or directive under this chapter or a national security letter may, with respect to such order, directive, or national security letter, publicly report the following in- formation using one of the following structures: (1) A semiannual report that aggregates the number of orders, directives, or national secu- rity letters with which the person was re- quired to comply into separate categories of— (A) the number of national security letters received, reported in bands of 1000 starting with 0–999; (B) the number of customer selectors tar- geted by national security letters, reported in bands of 1000 starting with 0–999; (C) the number of orders or directives re- ceived, combined, under this chapter for con- tents, reported in bands of 1000 starting with 0–999; (D) the number of customer selectors tar- geted under orders or directives received, combined, under this chapter for contents, reported in bands of 1000 starting with 0–999; (E) the number of orders received under this chapter for noncontents, reported in bands of 1000 starting with 0–999; and Page 287 TITLE 50—WAR AND NATIONAL DEFENSE § 1874 1 See References in Text note below. (F) the number of customer selectors tar- geted under orders under this chapter for noncontents, reported in bands of 1000 start- ing with 0–999, pursuant to— (i) subchapter III; (ii) subchapter IV with respect to appli- cations described in section 1861(b)(2)(B) 1 of this title; and (iii) subchapter IV with respect to appli- cations described in section 1861(b)(2)(C) 1 of this title. (2) A semiannual report that aggregates the number of orders, directives, or national secu- rity letters with which the person was re- quired to comply into separate categories of— (A) the number of national security letters received, reported in bands of 500 starting with 0–499; (B) the number of customer selectors tar- geted by national security letters, reported in bands of 500 starting with 0–499; (C) the number of orders or directives re- ceived, combined, under this chapter for con- tents, reported in bands of 500 starting with 0–499; (D) the number of customer selectors tar- geted under orders or directives received, combined, under this chapter for contents, reported in bands of 500 starting with 0–499; (E) the number of orders received under this chapter for noncontents, reported in bands of 500 starting with 0–499; and (F) the number of customer selectors tar- geted under orders received under this chap- ter for noncontents, reported in bands of 500 starting with 0–499. (3) A semiannual report that aggregates the number of orders, directives, or national secu- rity letters with which the person was re- quired to comply into separate categories of— (A) the total number of all national secu- rity process received, including all national security letters, and orders or directives under this chapter, combined, reported in bands of 250 starting with 0–249; and (B) the total number of customer selectors targeted under all national security process received, including all national security let- ters, and orders or directives under this chapter, combined, reported in bands of 250 starting with 0–249. (4) An annual report that aggregates the number of orders, directives, and national se- curity letters the person was required to com- ply with into separate categories of— (A) the total number of all national secu- rity process received, including all national security letters, and orders or directives under this chapter, combined, reported in bands of 100 starting with 0–99; and (B) the total number of customer selectors targeted under all national security process received, including all national security let- ters, and orders or directives under this chapter, combined, reported in bands of 100 starting with 0–99. (b) Period of time covered by reports (1) A report described in paragraph (1) or (2) of subsection (a) shall include only information— (A) relating to national security letters for the previous 180 days; and (B) relating to authorities under this chap- ter for the 180-day period of time ending on the date that is not less than 180 days prior to the date of the publication of such report, except that with respect to a platform, product, or service for which a person did not previously receive an order or directive (not including an enhancement to or iteration of an existing publicly available platform, product, or serv- ice) such report shall not include any informa- tion relating to such new order or directive until 540 days after the date on which such new order or directive is received. (2) A report described in paragraph (3) of sub- section (a) shall include only information relat- ing to the previous 180 days. (3) A report described in paragraph (4) of sub- section (a) shall include only information for the 1-year period of time ending on the date that is not less than 1 year prior to the date of the publication of such report. (c) Other forms of agreed to publication Nothing in this section prohibits the Govern- ment and any person from jointly agreeing to the publication of information referred to in this subsection in a time, form, or manner other than as described in this section. (d) Definitions In this section: (1) Contents The term ‘‘contents’’ has the meaning given that term under section 2510 of title 18. (2) National security letter The term ‘‘national security letter’’ has the meaning given that term under section 1873 of this title. (Pub. L. 95–511, title VI, § 604, as added Pub. L. 114–23, title VI, § 603(a), June 2, 2015, 129 Stat. 295; amended Pub. L. 115–118, title II, § 205(a)(4), Jan. 19, 2018, 132 Stat. 21.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b)(1)(B), was in the original ‘‘this Act’’, meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, known as the Foreign Intel- ligence 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(b)(2)(B), (C) of this title, referred to in subsec. (a)(1)(F)(ii), (iii), means section 1861(b)(2)(B), (C) of this title prior to the amendment of section 1861 by Pub. L. 109–177, title I, § 102(b), Mar. 9, 2006, 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 ex- ceptions. AMENDMENTS 2018—Subsec. (a)(1)(D). Pub. L. 115–118, § 205(a)(4)(A), substituted ‘‘contents,’’ for ‘‘contents’’. Subsec. (a)(3). Pub. L. 115–118, § 205(a)(4)(B), sub- stituted ‘‘comply into’’ for ‘‘comply in the into’’ in in- troductory provisions. Page 288 TITLE 50—WAR AND NATIONAL DEFENSE § 1881 SUBCHAPTER VI—ADDITIONAL PROCE- DURES REGARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES § 1881. Definitions (a) In general In this subchapter, the terms ‘‘agent of a for- eign power’’, ‘‘Attorney General’’, ‘‘contents’’, ‘‘electronic surveillance’’, ‘‘foreign intelligence information’’, ‘‘foreign power’’, ‘‘person’’, ‘‘United States’’, and ‘‘United States person’’ have the meanings given such terms in section 1801 of this title, except as specifically provided in this subchapter. (b) Additional definitions In this subchapter: (1) Congressional intelligence committees The term ‘‘congressional intelligence com- mittees’’ means— (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Foreign Intelligence Surveillance Court; Court The terms ‘‘Foreign Intelligence Surveil- lance Court’’ and ‘‘Court’’ mean the court es- tablished under section 1803(a) of this title. (3) Foreign Intelligence Surveillance Court of Review; Court of Review The terms ‘‘Foreign Intelligence Surveil- lance Court of Review’’ and ‘‘Court of Review’’ mean the court established under section 1803(b) of this title. (4) Electronic communication service provider The term ‘‘electronic communication service provider’’ means— (A) a telecommunications carrier, as that term is defined in section 153 of title 47; (B) a provider of electronic communication service, as that term is defined in section 2510 of title 18; (C) a provider of a remote computing serv- ice, as that term is defined in section 2711 of title 18; (D) any other communication service pro- vider who has access to wire or electronic communications either as such communica- tions are transmitted or as such communica- tions are stored; (E) any other service provider who has ac- cess to equipment that is being or may be used to transmit or store wire or electronic communications, but not including any enti- ty that serves primarily as— (i) a public accommodation facility, as that term is defined in section 1861(4) of this title; (ii) a dwelling, as that term is defined in section 3602 of title 42; (iii) a community facility, as that term is defined in section 1592n of title 42; or (iv) a food service establishment, as that term is defined in section 1638 of title 7; or (F) an officer, employee, custodian, or agent of an entity described in subparagraph (A), (B), (C), (D), or (E). (5) Intelligence community The term ‘‘intelligence community’’ has the meaning given the term in section 3003(4) of this title. (Pub. L. 95–511, title VII, § 701, as added Pub. L. 110–261, title I, § 101(a)(2), July 10, 2008, 122 Stat. 2437; amended Pub. L. 115–118, title II, § 205(a)(5), Jan. 19, 2018, 132 Stat. 21; Pub. L. 118–49, § 25(a), Apr. 20, 2024, 138 Stat. 893.) 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 PRIOR PROVISIONS A prior section 701 of Pub. L. 95–511 was set out as a note under section 1801 of this title, prior to repeal by Pub. L. 110–261. AMENDMENTS 2024—Subsec. (b)(4)(D). Pub. L. 118–49, § 25(a)(2), struck out ‘‘or’’ at end. Subsec. (b)(4)(E). Pub. L. 118–49, § 25(a)(3), added sub- par. (E). Former subpar. (E) redesignated (F). Subsec. (b)(4)(F). Pub. L. 118–49, § 25(a)(1), (4), redesig- nated subpar. (E) as (F), inserted ‘‘custodian,’’ after ‘‘employee,’’ and substituted ‘‘(C), (D), or (E)’’ for ‘‘(C), or (D)’’. 2018—Subsec. (a). Pub. L. 115–118, § 205(a)(5)(A), sub- stituted ‘‘In this subchapter, the terms’’ for ‘‘The terms’’. Subsec. (b). Pub. L. 115–118, § 205(a)(5)(B)(i), inserted introductory provisions. Subsec. (b)(5). Pub. L. 115–118, § 205(a)(5)(B)(ii), made technical amendment to reference in original act which appears in text as reference to section 3003(4) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–96, div. A, § 1002, Dec. 22, 2017, 131 Stat. 2045, which temporarily extended the effective date of the amendments made by section 403(b) of Pub. L. 110–261 to Jan. 19, 2018, was repealed by its own terms upon the enactment, on Jan. 19, 2018, of section 201(a) of Pub. L. 115–118, which amended the dates specified in section 403(b) of Pub. L. 110–261, and by Pub. L. 115–120, div. B, § 2002, Jan. 22, 2018, 132 Stat. 31, which was effec- tive on Jan. 22, 2018. 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, provided that, ex- cept as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are ef- fective two years after Apr. 20, 2024. [Pub. L. 115–118, title II, § 201(c), Jan. 19, 2018, 132 Stat. 19, provided that: ‘‘The amendments made to the FISA