50 U.S.C. § 1872 — Declassification of significant decisions,

Page 283 TITLE 50—WAR AND NATIONAL DEFENSE § 1873 amendment of section 1861 by Pub. L. 109–177, title I, § 102(b), Mar. 9, 2006, 120 Stat. 195, set out as an Effec- tive Date of 2006 Amendment note under section 1805 of this title, which amended section 1861 of this title, ef- fective Mar. 15, 2020, so that such section read as it read on Oct. 25, 2001, with certain exceptions. Section 1801(b)(1)(C) of this title, referred to in sub- sec. (a)(2), was temporarily added by Pub. L. 108–458, title VI, § 6001(a), Dec. 17, 2004, 118 Stat. 3742, and pro- vided 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 Mar. 15, 2020; 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. AMENDMENTS 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 provi- sion 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 sub- secs. (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), 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, 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 amendments made by section 403(b)(2) are effective two years after the date of enactment of the Reforming Intelligence and Securing America Act, Pub. L. 118–49, which was approved Apr. 20, 2024. § 1872. Declassification of significant decisions, orders, and opinions (a) Declassification required Subject to subsection (b), the Director of Na- tional Intelligence, in consultation with the At- torney General, shall conduct a declassification review, to be concluded as soon as practicable, but not later than 180 days after the commence- ment of such review, of each decision, order, or opinion issued by the Foreign Intelligence Sur- veillance Court or the Foreign Intelligence Sur- veillance Court of Review (as defined in section 1871(e) of this title) that includes a significant construction or interpretation of any provision of law, including any novel or significant con- struction or interpretation of the term ‘‘specific selection term’’, and, consistent with that re- view, make publicly available to the greatest extent practicable each such decision, order, or opinion. (b) Redacted form The Director of National Intelligence, in con- sultation with the Attorney General, may sat- isfy the requirement under subsection (a) to make a decision, order, or opinion described in such subsection publicly available to the great- est extent practicable by making such decision, order, or opinion publicly available in redacted form. (c) National security waiver The Director of National Intelligence, in con- sultation 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, de- termines that a waiver of such requirement is necessary to protect the national security of the United States or properly classified intel- ligence sources or methods; and (2) the Director of National Intelligence makes publicly available an unclassified state- ment prepared by the Attorney General, in consultation with the Director of National In- telligence— (A) summarizing the significant construc- tion or interpretation of any provision of law, which shall include, to the extent con- sistent with national security, a description of the context in which the matter arises and any significant construction or interpre- tation of any statute, constitutional provi- sion, or other legal authority relied on by the decision; and (B) that specifies that the statement has been prepared by the Attorney General and constitutes no part of the opinion of the For- eign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review. (Pub. L. 95–511, title VI, § 602, as added Pub. L. 114–23, title IV, § 402(a)(2), June 2, 2015, 129 Stat. 281; amended Pub. L. 118–49, § 7, Apr. 20, 2024, 138 Stat. 873.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–49 inserted ‘‘, to be con- cluded as soon as practicable, but not later than 180 days after the commencement of such review,’’ after ‘‘shall conduct a declassification review’’. § 1873. Annual reports (a) Report by Director of the Administrative Of- fice of the United States Courts (1) Report required The Director of the Administrative Office of the United States Courts shall annually sub- mit to the Permanent Select Committee on Intelligence and the Committee on the Judici- ary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate,