USC Subchapter V

USC Subchapter V
in effect

50 U.S.C. § 1871 Semiannual report of the Attorney General

(a) ReportOn 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; (B) physical searches under section 1824 of this title; (C) pen registers under section 1842 of this title; (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; 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 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) FrequencyThe 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 CongressThe 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. (d) Protection of national securityThe 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) DefinitionsIn this section:(1) Foreign Intelligence Surveillance CourtThe term “Foreign Intelligence Surveillance Court” means the court established under section 1803(a) of this title. (2) Foreign Intelligence Surveillance Court of ReviewThe term “Foreign Intelligence Surveillance Court of Review” means the court established under section 1803(b) of this title.

50 U.S.C. § 1872 Declassification of significant decisions, orders, and opinions

(a) Declassification requiredSubject 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) 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 formThe 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 waiverThe 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 National Intelligence makes publicly available an unclassified statement prepared by the Attorney General, in consultation with the Director of National Intelligence—(A) summarizing the significant construction or interpretation of any provision of law, which shall include, to the extent consistent with national security, a description of the context in which the matter arises and any significant construction or interpretation of any statute, constitutional provision, 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 Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review.

50 U.S.C. § 1873 Annual reports

(a) Report by Director of the Administrative Office of the United States Courts(1) Report requiredThe Director of the Administrative Office of the United States Courts shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate, subject to a declassification review by the Attorney General and the Director of National Intelligence, a report that includes—(A) the number of applications or certifications for orders submitted under each of sections 1805, 1824, 1842, 1861,11 See References in Text note below. 1881a, 1881b, and 1881c of this title; (B) the number of such orders granted under each of those sections; (C) the number of orders modified under each of those sections; (D) the number of applications or certifications denied under each of those sections; (E) the number of appointments of an individual to serve as amicus curiae under section 1803 of this title, including the name of each individual appointed to serve as amicus curiae; (F) the number of findings issued under section 1803(i) of this title that such appointment is not appropriate and the text of any such findings; and (G) the number of times the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review exercised authority under chapter 21 of title 18 and a description of each use of such authority. (2) PublicationThe Director shall make the report required under paragraph (1) publicly available on an Internet Web site, except that the Director shall not make publicly available on an Internet Web site the findings described in subparagraph (F) of paragraph (1). (b) Mandatory reporting by Director of National IntelligenceExcept as provided in subsection (d), the Director of National Intelligence shall annually make publicly available on an Internet Web site a report that identifies, for the preceding 12-month period—(1) the total number of orders issued pursuant to subchapters I and II and sections 1881b and 1881c of this title and a good faith estimate of—(A) the number of targets of such orders; (B) the number of targets of such orders who are known to not be United States persons; and (C) the number of targets of such orders who are known to be United States persons; (2) the total number of orders issued pursuant to section 1881a of this title, including pursuant to subsection (f)(2) of such section, and a good faith estimate of—(A) the number of targets of such orders; (B) the number of search terms concerning a known United States person used to retrieve the unminimized contents (or combined unminimized contents and noncontents information) of electronic communications or wire communications obtained through acquisitions authorized under such section, excluding the number of search terms used to prevent the return of information concerning a United States person; (C) the number of queries concerning a known United States person of unminimized noncontents information relating to electronic communications or wire communications obtained through acquisitions authorized under such section, excluding the number of queries containing information used to prevent the return of information concerning a United States person; 22 So in original. Probably should be followed by “and”. (D) the number of instances in which the Federal Bureau of Investigation opened, under the Criminal Investigative Division or any successor division, an investigation of a United States person (who is not considered a threat to national security) based wholly or in part on an acquisition authorized under such section; (3) the total number of orders issued pursuant to subchapter III and a good faith estimate of—(A) the number of targets of such orders, including—(i) the number of targets of such orders who are known to not be United States persons; and (ii) the number of targets of such orders who are known to be United States persons; and (B) the number of unique identifiers used to communicate information collected pursuant to such orders; (4) the number of criminal proceedings in which the United States or a State or political subdivision thereof provided notice pursuant to subsection (c) or (d) of section 1806 of this title (including with respect to information acquired from an acquisition conducted under section 1881a of this title) or subsection (d) or (e) of section 1825 of this title of the intent of the government to enter into evidence or otherwise use or disclose any information obtained or derived from electronic surveillance, physical search, or an acquisition conducted pursuant to this chapter; (5) the total number of orders issued pursuant to applications made under section 1861(b)(2)(B) 1 of this title and a good faith estimate of—(A) the number of targets of such orders; and (B) the number of unique identifiers used to communicate information collected pursuant to such orders; (6) the total number of orders issued pursuant to applications made under section 1861(b)(2)(C) 1 of this title and a good faith estimate of—(A) the number of targets of such orders; (B) the number of unique identifiers used to communicate information collected pursuant to such orders; and (C) the number of search terms that included information concerning a United States person that were used to query any database of call detail records obtained through the use of such orders; and (7) the total number of national security letters issued and the number of requests for information contained within such national security letters. (c) TimingThe annual reports required by subsections (a) and (b) shall be made publicly available during April of each year and include information relating to the previous calendar year. (d) Exceptions(1) Statement of numerical rangeIf a good faith estimate required to be reported under subparagraph (B) of any of paragraphs (3), (5), or (6) of subsection (b) is fewer than 500, it shall be expressed as a numerical range of “fewer than 500” and shall not be expressed as an individual number. (2) Nonapplicability to electronic mail address and telephone numbersParagraph (3)(B) of subsection (b) shall not apply to orders resulting in the acquisition of information by the Federal Bureau of Investigation that does not include electronic mail addresses or telephone numbers. (3) Certification(A) In generalIf the Director of National Intelligence concludes that a good faith estimate required to be reported under subsection (b)(2)(C) cannot be determined accurately because some but not all of the relevant elements of the intelligence community are able to provide such good faith estimate, the Director shall—(i) certify that conclusion in writing to the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives; (ii) report the good faith estimate for those relevant elements able to provide such good faith estimate; (iii) explain when it is reasonably anticipated that such an estimate will be able to be determined fully and accurately; and (iv) make such certification publicly available on an Internet Web site. (B) FormA certification described in subparagraph (A) shall be prepared in unclassified form, but may contain a classified annex. (C) TimingIf the Director of National Intelligence continues to conclude that the good faith estimates described in this paragraph cannot be determined accurately, the Director shall annually submit a certification in accordance with this paragraph. (e) Mandatory reporting by Director of Federal Bureau of InvestigationThe Director of the Federal Bureau of Investigation shall annually submit to the Permanent Select Committee on Intelligence and the Committee on Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate, a report describing the accountability actions taken by the Federal Bureau of Investigation in the preceding 12-month period for noncompliant querying of information acquired under section 1881a of this title and any such actions taken pursuant to section 1803(m) of this title, to include the number of ongoing personnel investigations, the outcome of any completed personnel investigations and any related adverse personnel actions taken. (f) Mandatory reporting on section 1881a of this title by Director of Federal Bureau of Investigation(1) Annual reportThe Director of the Federal Bureau of Investigation shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report that includes—(A) the number of United States person queries by the Federal Bureau of Investigation of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title; (B) the number of approved queries using the Federal Bureau of Investigation’s batch job technology, or successor tool; (C) the number of queries using the Federal Bureau of Investigation’s batch job technology, or successor tool, conducted by the Federal Bureau of Investigation against information acquired pursuant to section 1881a(a) of this title for which pre-approval was not obtained due to emergency circumstances; (D) the number of United States person queries conducted by the Federal Bureau of Investigation of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title solely to retrieve evidence of a crime; (E) a good faith estimate of the number of United States person query terms used by the Federal Bureau of Investigation to conduct queries of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title primarily to protect the United States person who is the subject of the query; and (F) a good faith estimate of the number of United States person query terms used by the Federal Bureau of Investigation to conduct queries of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title where the United States person who is the subject of the query is a target or subject of an investigation by the Federal Bureau of Investigation. (2) Public availabilitySubject to declassification review by the Attorney General and the Director of National Intelligence, each annual report submitted pursuant to paragraph (1) shall be available to the public during the first April following the calendar year covered by the report. (3) Quarterly reportBeginning on the date that is not later than 1 year after the effective date of this paragraph, 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 queries conducted during that quarter. (g) DefinitionsIn this section:(1) ContentsThe term “contents” has the meaning given that term under section 2510 of title 18. (2) Electronic communicationThe term “electronic communication” has the meaning given that term under section 2510 of title 18. (3) National security letterThe term “national security letter” means a request for a report, records, or other information 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 personThe term “United States person” means a citizen of the United States or an alien lawfully admitted for permanent residence (as defined in section 1101(a) of title 8). (5) Wire communicationThe term “wire communication” has the meaning given that term under section 2510 of title 18.

50 U.S.C. § 1874 Public reporting by persons subject to orders

(a) ReportingA person subject to a nondisclosure requirement 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 information using one of the following structures:(1) A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required 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 targeted by national security letters, reported in bands of 1000 starting with 0–999; (C) the number of orders or directives received, combined, under this chapter for contents, reported in bands of 1000 starting with 0–999; (D) the number of customer selectors targeted 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 (F) the number of customer selectors targeted under orders under this chapter for noncontents, reported in bands of 1000 starting with 0–999, pursuant to—(i) subchapter III; (ii) subchapter IV with respect to applications described in section 1861(b)(2)(B) 11 See References in Text note below. of this title; and (iii) subchapter IV with respect to applications described in section 1861(b)(2)(C) 1 of this title. (2) A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required 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 targeted by national security letters, reported in bands of 500 starting with 0–499; (C) the number of orders or directives received, combined, under this chapter for contents, reported in bands of 500 starting with 0–499; (D) the number of customer selectors targeted 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 targeted under orders received under this chapter for noncontents, reported in bands of 500 starting with 0–499. (3) A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of—(A) the total number of all national security 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 letters, 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 security letters the person was required to comply with into separate categories of—(A) the total number of all national security 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 letters, 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 chapter 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 service) such report shall not include any information 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 subsection (a) shall include only information relating to the previous 180 days. (3) A report described in paragraph (4) of subsection (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 publicationNothing in this section prohibits the Government 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) DefinitionsIn this section:(1) ContentsThe term “contents” has the meaning given that term under section 2510 of title 18. (2) National security letterThe term “national security letter” has the meaning given that term under section 1873 of this title.

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