50 U.S.C. § 1871 — Semiannual report of the Attorney Gen-

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 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REVIVAL Section, which had been repealed by Pub.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 Pub. L. 109–177, set out as an Effective Date of 2006 Amendment note under section 1805 of this title. § 1864. Notification of changes to retention of call detail record policies (a) Requirement to retain (1) In general Not later than 15 days after learning that an electronic communication service provider that generates call detail records in the ordi- nary course of business has changed the policy of the provider on the retention of such call detail records to result in a retention period of less than 18 months, the Director of National Intelligence shall notify, in writing, the con- gressional intelligence committees of such change. (2) Report Not later than 30 days after December 18, 2015, the Director shall submit to the congres- sional intelligence committees a report identi- fying each electronic communication service provider that has, as of the date of the report, a policy to retain call detail records for a pe- riod of 18 months or less. (b) Definitions In this section: (1) Call detail record The term ‘‘call detail record’’ has the mean- ing given that term in section 1861(k) 1 of this title. (2) Electronic communication service provider The term ‘‘electronic communication service provider’’ has the meaning given that term in section 1881(b)(4) of this title. (Pub. L. 114–113, div. M, title III, § 307, Dec. 18, 2015, 129 Stat. 2916.) Editorial Notes REFERENCES IN TEXT Section 1861(k) of this title, referred to in subsec. (b)(1), means section 1861(k) 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 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. CODIFICATION Section was enacted as part of the Intelligence Au- thorization Act for Fiscal Year 2016, and also as part of the Consolidated Appropriations Act, 2016, and not as part of the Foreign Intelligence Surveillance Act of 1978 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘congressional intelligence commit- tees’’ as used in this section, see section 2 of div. M of Pub. L. 114–113, set out as a note under section 3003 of this title. SUBCHAPTER V—OVERSIGHT Editorial Notes CODIFICATION Pub. L. 114–23, title IV, § 402(a)(1), June 2, 2015, 129 Stat. 281, substituted ‘‘OVERSIGHT’’ for ‘‘REPORTING REQUIREMENT’’ in heading. § 1871. Semiannual report of the Attorney Gen- eral (a) Report On a semiannual basis, the Attorney General shall submit to the Permanent Select Com- mittee on Intelligence of the House of Rep- resentatives, the Select Committee on Intel- ligence 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 set- ting 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; (B) physical searches under section 1824 of this title; (C) pen registers under section 1842 of this title; Page 282 TITLE 50—WAR AND NATIONAL DEFENSE § 1871 1 See References in Text note below. (D) access to records under section 1861 1 of this title; (E) acquisitions under section 1881b of this title; and (F) acquisitions under section 1881c of this title; (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 ob- tained under this chapter may be used in a criminal proceeding or any information de- rived therefrom may be used in a criminal pro- ceeding; (4) a summary of significant legal interpre- tations of this chapter involving matters be- fore 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 Decem- ber 17, 2004. Subsequent reports under this sec- tion shall be submitted semi-annually there- after. (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 in- cludes significant construction or interpreta- tion 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 deci- sion, order, or opinion; (2) a copy of each such decision, order, or opinion, and any pleadings, applications, or memoranda of law associated with such deci- sion, 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 mat- ter 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 com- mittee 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. (d) Protection of national security The Attorney General, in consultation with the Director of National Intelligence, may au- thorize redactions of materials described in sub- section (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 sec- tion 1803(a) of this title. (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. (Pub. L. 95–511, title VI, § 601, as added Pub. L. 108–458, title VI, § 6002(a)(2), Dec. 17, 2004, 118 Stat. 3743; amended Pub. L. 110–261, title I, §§ 101(c)(2), 103, title IV, § 403(b)(2)(B), July 10, 2008, 122 Stat. 2459, 2460, 2474; Pub. L. 114–23, title VI, § 604, June 2, 2015, 129 Stat. 297; Pub. L. 118–49, § 8(b), Apr. 20, 2024, 138 Stat. 874.) AMENDMENT OF SUBSECTION (a)(1) 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, 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 the date of enactment of the Reforming In- telligence and Securing America Act, Pub. L. 118–49, which was approved Apr. 20, 2024, sub- section (a)(1) of this section is amended to read as it read on the day before July 10, 2008. 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, 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. Section 1861 of this title, referred to in subsec. (a)(1)(D), means section 1861 of this title prior to the 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,