50 U.S.C. § 1881a
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.
An acquisition authorized under subsection (a)-
An acquisition authorized under subsection (a) shall be conducted only in accordance with-
A determination under this paragraph and for purposes of subsection (a) is a determination by the Attorney General and the Director of National Intelligence that exigent circumstances exist because, without immediate implementation of an authorization under subsection (a), intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order pursuant to subsection (j)(3) prior to the implementation of such authorization.
The Attorney General and the Director of National Intelligence may make the determination under paragraph (2)-
Nothing in subchapter I shall be construed to require an application for a court order under such subchapter for an acquisition that is targeted in accordance with this section at a person reasonably believed to be located outside the United States.
The Attorney General, in consultation with the Director of National Intelligence, shall adopt targeting procedures that are reasonably designed to-
The procedures adopted in accordance with paragraph (1) shall be subject to judicial review pursuant to subsection (j).
The Attorney General, in consultation with the Director of National Intelligence, shall adopt minimization procedures that meet the definition of minimization procedures under section 1801(h) of this title or section 1821(4) of this title, as appropriate, for acquisitions authorized under subsection (a).
The minimization procedures adopted in accordance with paragraph (1) shall be subject to judicial review pursuant to subsection (j).
The Director of National Intelligence, in consultation with the Attorney General, shall-
The Attorney General, in consultation with the Director of National Intelligence, shall adopt querying procedures consistent with the requirements of the fourth amendment to the Constitution of the United States for information collected pursuant to an authorization under subsection (a).
The Attorney General, in consultation with the Director of National Intelligence, shall ensure that the procedures adopted under subparagraph (A) include a technical procedure whereby a record is kept of each United States person query term used for a query.
The procedures adopted in accordance with subparagraph (A) shall be subject to judicial review pursuant to subsection (j).
The querying procedures adopted pursuant to paragraph (1) for the Federal Bureau of Investigation shall prohibit queries of information acquired under subsection (a) that are solely designed to find and extract evidence of criminal activity.
The restriction under subparagraph (A) shall not apply with respect to a query if-
Federal Bureau of Investigation personnel must obtain prior approval from a Federal Bureau of Investigation supervisor (or employee of equivalent or greater rank) or attorney who is authorized to access unminimized contents or noncontents obtained through acquisitions authorized under subsection (a) for any query of such unminimized contents or noncontents made using a United States person query term.
A United States person query to be conducted by the Federal Bureau of Investigation of unminimized contents or noncontents obtained through acquisitions authorized under subsection (a) using a United States person query term may be conducted without obtaining prior approval as specified in clause (i) only if the person conducting the United States person query has a reasonable belief that conducting the query could assist in mitigating or eliminating a threat to life or serious bodily harm.
The Director of the Federal Bureau of Investigation shall promptly notify appropriate congressional leadership of any query conducted by the Federal Bureau of Investigation using a query term that is reasonably believed to be the name or other personally identifying information of a member of Congress, and shall also notify the member who is the subject of such query.
In this subparagraph, the term "appropriate congressional leadership" means the following:
In submitting a notification under clause (i), the Director shall give due regard to the protection of classified information, sources and methods, and national security.
The Director may waive a notification required under clause (i) if the Director determines such notification would impede an ongoing national security or law enforcement investigation.
A waiver under subclause (I) shall terminate on the date the Director determines the relevant notification would not impede the relevant national security or law enforcement investigation or on the date that such investigation ends, whichever is earlier.
The Federal Bureau of Investigation may not, for the exclusive purpose of supplementing the contents of a briefing on the defense against a counterintelligence threat to a member of Congress, conduct a query using a query term that is the name or restricted personal information (as such term is defined in section 119 of title 18) of that member unless-
Not later than three business days after submitting a request for consent from a member of Congress under clause (i), the Director of the Federal Bureau of Investigation shall notify the appropriate congressional leadership, regardless of whether the member provided such consent.
Not later than three business days after the conduct of a query under clause (i) without consent on the basis of the existence of exigent circumstances determined under subclause (II) of such clause, the Director of the Federal Bureau of Investigation shall notify the appropriate congressional leadership.
Nothing in this subparagraph may be construed as-
In this subparagraph, the term "appropriate congressional leadership" means the following:
For any procedures adopted under paragraph (1) applicable to the Federal Bureau of Investigation, the Attorney General, in consultation with the Director of National Intelligence, shall include the following requirements:
A requirement that, prior to conducting any query, personnel of the Federal Bureau of Investigation successfully complete training on the querying procedures on an annual basis.
A requirement that, absent exigent circumstances, prior to conducting certain queries, personnel of the Federal Bureau of Investigation receive approval, at minimum, as follows:
A requirement that, prior to conducting a query using a United States person query term, personnel of the Federal Bureau of Investigation provide a written statement of the specific factual basis to support the reasonable belief that such query meets the standards required by the procedures adopted under paragraph (1). For each United States person query, the Federal Bureau of Investigation shall keep a record of the query term, the date of the conduct of the query, the identifier of the personnel conducting the query, and such written statement.
Any system of the Federal Bureau of Investigation that stores unminimized contents or noncontents obtained through acquisitions authorized under subsection (a) together with contents or noncontents obtained through other lawful means shall be configured in a manner that-
If the Foreign Intelligence Surveillance Court finds that the procedures adopted under paragraph (1) include measures that are reasonably expected to result in similar compliance outcomes as the measures specified in clauses (i) through (iv) of this subparagraph, the Foreign Intelligence Surveillance Court may waive one or more of the requirements specified in such clauses.
The procedures shall prohibit any political personnel, such as those classified by the Office of Personnel Management as Presidential Appointment with Senate Confirmation, Presidential Appointment (without Senate Confirmation), Noncareer Senior Executive Service Appointment, or Schedule C Excepted Appointment, from inclusion in the Federal Bureau of Investigation's prior approval process under clause (ii).
The Director of the Federal Bureau of Investigation shall issue minimum accountability standards that set forth escalating consequences for noncompliant querying of United States person terms within the contents of communications that were acquired under this section. Such standards shall include, at minimum, the following:
In this subsection:
For any procedures for one or more agencies adopted under paragraph (1)(A), the Attorney General, in consultation with the Director of National Intelligence, shall ensure that the procedures enable the vetting of all non-United States persons who are being processed for travel to the United States using terms that do not qualify as United States person query terms under this chapter.
The Attorney General, in consultation with the Director of National Intelligence, shall adopt guidelines to ensure-
The Attorney General shall provide the guidelines adopted in accordance with paragraph (1) to-
Subject to subparagraph (B), prior to the implementation of an authorization under subsection (a), the Attorney General and the Director of National Intelligence shall provide to the Foreign Intelligence Surveillance Court a written certification and any supporting affidavit, under oath and under seal, in accordance with this subsection.
If the Attorney General and the Director of National Intelligence make a determination under subsection (c)(2) and time does not permit the submission of a certification under this subsection prior to the implementation of an authorization under subsection (a), the Attorney General and the Director of National Intelligence shall submit to the Court a certification for such authorization as soon as practicable but in no event later than 7 days after such determination is made.
A certification made under this subsection shall-
The Attorney General and the Director of National Intelligence may advance or delay the effective date referred to in paragraph (2)(D) by submitting an amended certification in accordance with subsection (j)(1)(C) to the Foreign Intelligence Surveillance Court for review pursuant to subsection (i).1
A certification made under this subsection is not required to identify the specific facilities, places, premises, or property at which an acquisition authorized under subsection (a) will be directed or conducted.
The Attorney General or a designee of the Attorney General shall maintain a copy of a certification made under this subsection.
A certification submitted in accordance with this subsection shall be subject to judicial review pursuant to subsection (j).
With respect to an acquisition authorized under subsection (a), the Attorney General and the Director of National Intelligence may direct, in writing, an electronic communication service provider to-
The Government shall compensate, at the prevailing rate, an electronic communication service provider for providing information, facilities, or assistance in accordance with a directive issued pursuant to paragraph (1).
No cause of action shall lie in any court against any electronic communication service provider for providing any information, facilities, or assistance in accordance with a directive issued pursuant to paragraph (1).
An electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition to modify or set aside such directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such petition.
The presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section 1803(e)(1) of this title not later than 24 hours after the filing of such petition.
A judge considering a petition filed under subparagraph (A) may grant such petition only if the judge finds that the directive does not meet the requirements of this section, or is otherwise unlawful.
A judge shall conduct an initial review of a petition filed under subparagraph (A) not later than 5 days after being assigned such petition. If the judge determines that such petition does not consist of claims, defenses, or other legal contentions that are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law, the judge shall immediately deny such petition and affirm the directive or any part of the directive that is the subject of such petition and order the recipient to comply with the directive or any part of it. Upon making a determination under this subparagraph or promptly thereafter, the judge shall provide a written statement for the record of the reasons for such determination.
If a judge determines that a petition filed under subparagraph (A) requires plenary review, the judge shall affirm, modify, or set aside the directive that is the subject of such petition not later than 30 days after being assigned such petition. If the judge does not set aside the directive, the judge shall immediately affirm or affirm with modifications the directive, and order the recipient to comply with the directive in its entirety or as modified. The judge shall provide a written statement for the record of the reasons for a determination under this subparagraph.
Any directive not explicitly modified or set aside under this paragraph shall remain in full effect.
Failure to obey an order issued under this paragraph may be punished by the Court as contempt of court.
If an electronic communication service provider fails to comply with a directive issued pursuant to paragraph (1), the Attorney General may file a petition for an order to compel the electronic communication service provider to comply with the directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such petition.
The presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section 1803(e)(1) of this title not later than 24 hours after the filing of such petition.
A judge considering a petition filed under subparagraph (A) shall, not later than 30 days after being assigned such petition, issue an order requiring the electronic communication service provider to comply with the directive or any part of it, as issued or as modified, if the judge finds that the directive meets the requirements of this section and is otherwise lawful. The judge shall provide a written statement for the record of the reasons for a determination under this paragraph.
Failure to obey an order issued under this paragraph may be punished by the Court as contempt of court.
Any process under this paragraph may be served in any judicial district in which the electronic communication service provider may be found.
The Government or an electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition with the Foreign Intelligence Surveillance Court of Review for review of a decision issued pursuant to paragraph (4) or (5). The Court of Review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this subparagraph.
The Government or an electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under subparagraph (A). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.
The Foreign Intelligence Surveillance Court shall have jurisdiction to review a certification submitted in accordance with subsection (g) 1 and the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1), and amendments to such certification or such procedures.
The Court shall review a certification submitted in accordance with subsection (g) 1 and the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) and shall complete such review and issue an order under paragraph (3) not later than 30 days after the date on which such certification and such procedures are submitted.
The Attorney General and the Director of National Intelligence may amend a certification submitted in accordance with subsection (g) 1 or the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) as necessary at any time, including if the Court is conducting or has completed review of such certification or such procedures, and shall submit the amended certification or amended procedures to the Court not later than 7 days after amending such certification or such procedures. The Court shall review any amendment under this subparagraph under the procedures set forth in this subsection. The Attorney General and the Director of National Intelligence may authorize the use of an amended certification or amended procedures pending the Court's review of such amended certification or amended procedures.
The Court shall review the following:
A certification submitted in accordance with subsection (h) to determine whether the certification contains all the required elements.
The targeting procedures adopted in accordance with subsection (d) to assess whether the procedures are reasonably designed to-
The minimization procedures adopted in accordance with subsection (e) to assess whether such procedures meet the definition of minimization procedures under section 1801(h) of this title or section 1821(4) of this title, as appropriate.
The querying procedures adopted in accordance with subsection (f)(1) to assess whether such procedures comply with the requirements of such subsection.
If the Court finds that a certification submitted in accordance with subsection (h) contains all the required elements and that the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) are consistent with the requirements of those subsections and with the fourth amendment to the Constitution of the United States, the Court shall enter an order approving the certification and the use, or continued use in the case of an acquisition authorized pursuant to a determination under subsection (c)(2), of the procedures for the acquisition.
If the Court finds that a certification submitted in accordance with subsection (h) does not contain all the required elements, or that the procedures adopted in accordance with subsections (d), (e), and (f)(1) are not consistent with the requirements of those subsections or the fourth amendment to the Constitution of the United States, the Court shall issue an order directing the Government to, at the Government's election and to the extent required by the Court's order-
In support of an order under this subsection, the Court shall provide, simultaneously with the order, for the record a written statement of the reasons for the order.
Except as provided in clause (ii), if the Court orders a correction of a deficiency in a certification or procedures under subparagraph (B), no information obtained or evidence derived pursuant to the part of the certification or procedures that has been identified by the Court as deficient concerning any United States person shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired pursuant to such part of such certification or procedures shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of the United States person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
If the Government corrects any deficiency identified by the order of the Court under subparagraph (B), the Court may permit the use or disclosure of information obtained before the date of the correction under such minimization procedures as the Court may approve for purposes of this clause.
The Government may file a petition with the Foreign Intelligence Surveillance Court of Review for review of an order under this subsection. The Court of Review shall have jurisdiction to consider such petition. For any decision under this subparagraph affirming, reversing, or modifying an order of the Foreign Intelligence Surveillance Court, the Court of Review shall provide for the record a written statement of the reasons for the decision.
Any acquisition affected by an order under paragraph (3)(B) may continue-
Not later than 60 days after the filing of a petition for review of an order under paragraph (3)(B) directing the correction of a deficiency, the Court of Review shall determine, and enter a corresponding order regarding, whether all or any part of the correction order, as issued or modified, shall be implemented during the pendency of the review.
The Government may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under subparagraph (A). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.
If the Attorney General and the Director of National Intelligence seek to reauthorize or replace an authorization issued under subsection (a), the Attorney General and the Director of National Intelligence shall, to the extent practicable, submit to the Court the certification prepared in accordance with subsection (h) and the procedures adopted in accordance with subsections (d), (e), and (f)(1) at least 30 days prior to the expiration of such authorization.
If the Attorney General and the Director of National Intelligence seek to reauthorize or replace an authorization issued under subsection (a) by filing a certification pursuant to subparagraph (A), that authorization, and any directives issued thereunder and any order related thereto, shall remain in effect, notwithstanding the expiration provided for in subsection (a), until the Court issues an order with respect to such certification under paragraph (3) at which time the provisions of that paragraph and paragraph (4) shall apply with respect to such certification.
Judicial proceedings under this section shall be conducted as expeditiously as possible.
A time limit for a judicial decision in this section shall apply unless the Court, the Court of Review, or any judge of either the Court or the Court of Review, by order for reasons stated, extends that time as necessary for good cause in a manner consistent with national security.
The Foreign Intelligence Surveillance Court shall maintain a record of a proceeding under this section, including petitions, appeals, orders, and statements of reasons for a decision, under security measures adopted by the Chief Justice of the United States, in consultation with the Attorney General and the Director of National Intelligence.
All petitions under this section shall be filed under seal. In any proceedings under this section, the Court shall, upon request of the Government, review ex parte and in camera any Government submission, or portions of a submission, which may include classified information.
The Attorney General and the Director of National Intelligence shall retain a directive or an order issued under this section for a period of not less than 10 years from the date on which such directive or such order is issued.
Not less frequently than once every 6 months, the Attorney General and Director of National Intelligence shall assess compliance with the targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) and the guidelines adopted in accordance with subsection (g) and shall submit each assessment to-
The Inspector General of the Department of Justice and the Inspector General of each element of the intelligence community authorized to acquire foreign intelligence information under subsection (a), with respect to the department or element of such Inspector General-
The head of each element of the intelligence community conducting an acquisition authorized under subsection (a) shall conduct an annual review to determine whether there is reason to believe that foreign intelligence information has been or will be obtained from the acquisition. The annual review shall provide, with respect to acquisitions authorized under subsection (a)-
The head of each element of the intelligence community that conducts an annual review under subparagraph (A) shall use each such review to evaluate the adequacy of the minimization procedures utilized by such element and, as appropriate, the application of the minimization procedures to a particular acquisition authorized under subsection (a).
The head of each element of the intelligence community that conducts an annual review under subparagraph (A) shall provide such review to-
The Federal Bureau of Investigation may not ingest unminimized information acquired under this section into its analytic repositories unless the targeted person is relevant to an existing, open, predicated full national security investigation by the Federal Bureau of Investigation.
Paragraph (1) does not apply if the Director of the Federal Bureau of Investigation decides it is necessary due to exigent circumstances and provides notification within three business days to the congressional intelligence committees, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate.
Paragraph (1) does not apply where the Federal Bureau of Investigation has agreed to provide technical, analytical, or linguistic assistance at the request of another Federal agency.
1 See References in Text note below.
50 U.S.C. § 1881a
Repeal of Section Pub. L. 110-261, §403, 122 Stat. 2474, as amended by Pub. L. 112-238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115-118, §201, 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
REFERENCES IN TEXTThis chapter, referred to in subsecs. (f)(1)(B), (6) and (g)(2)(A)(iii), was in the original "this Act", meaning Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, 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.Subsection (i), referred to in subsec. (h)(3), was redesignated subsection (j) of this section by Pub. L. 115-118, §101, 132 Stat. 4.Subsection (g), referred to in subsec. (j)(1), was redesignated subsection (h) of this section by Pub. L. 115-118, §101, 132 Stat. 4.Senate Resolution 400 of the 94th Congress, referred to in subsec. (l), was agreed to May 19, 1976, and was subsequently amended by both Senate resolution and public law. The Resolution, which established the Senate Select Committee on Intelligence, is not classified to the Code.
AMENDMENTS2024-Subsec. (b)(5). Pub. L. 118-49, §22(a), struck out ", except as provided under section 103(b) of the FISA Amendments Reauthorization Act of 2017" after "subsection (a)".Subsec. (f)(2). Pub. L. 118-49, §3(a), amended par. (2) generally. Prior to amendment, par. (2) related to access to results of certain queries conducted by FBI.Subsec. (f)(3). Pub. L. 118-49, §2(a)(2), added par. (3). Former par. (3) redesignated (5).Subsec. (f)(3)(B). Pub. L. 118-49, §2(e), added subpar. (B).Subsec. (f)(3)(C). Pub. L. 118-49, §2(f), added subpar. (C).Subsec. (f)(3)(D). Pub. L. 118-49, §2(d), added subpar. (D).Subsec. (f)(3)(D)(vi). Pub. L. 118-49, §2(b), added cl. (vi).Subsec. (f)(4). Pub. L. 118-49, §16(a)(1), added par. (4).Subsec. (f)(5). Pub. L. 118-49, §2(a)(1), redesignated par. (3) as (5). Subsec. (f)(6). Pub. L. 118-49, §24, added par. (6). Subsec. (m). Pub. L. 118-49, §22(b)(1)(A), substituted "and reviews" for "reviews, and reporting" in heading.Subsec. (m)(4). Pub. L. 118-49, §22(b)(1)(B), struck out par. (4) which related to reporting of material breach.Subsec. (n). Pub. L. 118-49, §3(b), added subsec. (n).2018-Subsec. (a). Pub. L. 115-118, §101(b)(1)(A), substituted "with subsection (j)(3)" for "with subsection (i)(3)".Subsec. (b)(5), (6). Pub. L. 115-118, §103, formerly §103(a), as renumbered by Pub. L. 118-49, §22(b)(2)(B), added par. (5) and redesignated former par. (5) as (6).Subsec. (c)(1)(B). Pub. L. 115-118, §101(b)(1)(B)(i), substituted "with subsection (h)" for "with subsection (g)".Subsec. (c)(2). Pub. L. 115-118, §101(b)(1)(B) (ii), substituted "to subsection (j)(3)" for "to subsection (i)(3)".Subsec. (c)(3)(A). Pub. L. 115-118, §101(b)(1)(B) (iii)(I), substituted "with subsection (h)" for "with subsection (g)".Subsec. (c)(3)(B). Pub. L. 115-118, §101(b)(1)(B) (iii)(II), substituted "to subsection (j)(1)(C)" for "to subsection (i)(1)(C)" and "under subsection (j)" for "under subsection (i)".Subsec. (d)(2). Pub. L. 115-118, §101(b)(1)(C), substituted "to subsection (j)" for "to subsection (i)". Subsec. (e)(2). Pub. L. 115-118, §101(b)(1)(D), substituted "to subsection (j)" for "to subsection (i)".Subsec. (e)(3). Pub. L. 115-118, §104, added par. (3).Subsecs. (f) to (h). Pub. L. 115-118, §101(a)(1), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. Former subsec. (h) redesignated (i).Subsec. (h)(2)(A)(i). Pub. L. 115-118, §205(a)(6), inserted "targeting" before "procedures in place" in introductory provisions.Subsec. (h)(2)(A)(iii). Pub. L. 115-118, §101(b)(1)(E)(i), substituted "with subsection (g)" for "with subsection (f)".Subsec. (h)(3). Pub. L. 115-118, §101(b)(1)(E) (ii), substituted "with subsection (j)(1)(C)" for "with subsection (i)(1)(C)".Subsec. (h)(6). Pub. L. 115-118, §101(b)(1)(E) (iii), substituted "to subsection (j)" for "to subsection (i)".Subsecs. (i), (j). Pub. L. 115-118, §101(a)(1)(A), redesignated subsecs. (h) and (i) as (i) and (j), respectively. Former subsec. (j) redesignated (k).Subsec. (j)(1). Pub. L. 115-118, §101(b)(1)(F)(i), substituted "targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)" for "targeting and minimization procedures adopted in accordance with subsections (d) and (e)" in subpars. (A) to (C).Subsec. (j)(2)(A). Pub. L. 115-118, §101(b)(1)(F) (ii)(I), substituted "with subsection (h)" for "with subsection (g)".Subsec. (j)(2)(D). Pub. L. 115-118, §101(b)(1)(F) (ii)(II), added subpar. (D).Subsec. (j)(3)(A). Pub. L. 115-118, §101(b)(1)(F) (iii)(I), substituted "with subsection (h)" for "with subsection (g)" and "targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)" for "targeting and minimization procedures adopted in accordance with subsections (d) and (e)".Subsec. (j)(3)(B). Pub. L. 115-118, §101(b)(1)(F) (iii)(II), substituted "with subsection (h)" for "with subsection (g)" and "with subsections (d), (e), and (f)(1)" for "with subsections (d) and (e)" in introductory provisions.Subsec. (j)(5)(A). Pub. L. 115-118, §101(b)(1)(F) (iv), substituted "with subsection (h)" for "with subsection (g)" and "with subsections (d), (e), and (f)(1)" for "with subsections (d) and (e)".Subsecs. (k), (l). Pub. L. 115-118, §101(a)(1)(A), redesignated subsecs. (j) and (k) as (k) and (l), respectively. Former subsec. (l) redesignated (m). Subsec. (m). Pub. L. 115-118, §103(b)(5)(A), substituted "reviews, and reporting" for "and reviews" in heading. Section 103(b) of Pub. L. 115-118 was struck out by Pub. L. 118-49, §22(b)(2)(B). Pub. L. 115-118, §101(a)(1)(A), redesignated subsec. (l) as (m).Subsec. (m)(1). Pub. L. 115-118, §101(b)(1)(G)(i), substituted "targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)" for "targeting and minimization procedures adopted in accordance with subsections (d) and (e)" and "with subsection (g)" for "with subsection (f)" in introductory provisions.Subsec. (m)(2)(A). Pub. L. 115-118, §101(b)(1)(G) (ii), substituted "targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)" for "targeting and minimization procedures adopted in accordance with subsections (d) and (e)" and "with subsection (g)" for "with subsection (f)". Subsec. (m)(4). Pub. L. 115-118, §103(b)(5)(B), added par. (4). Section 103(b) of Pub. L. 115-118 was struck out by Pub. L. 118-49, §22(b)(2)(B).2015-Subsec. (i)(3)(D). Pub. L. 114-23 added subpar. (D).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118-49, §18(d)(2), Apr. 20, 2024, 138 Stat. 891, provided that: "Subsection (f) of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as amended by this Act, shall apply with respect to certifications submitted under subsection (h) of such section to the Foreign Intelligence Surveillance Court after January 1, 2024."
EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115-118, §101, 132 Stat. 6, provided that: "Subsection (f) of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as added by paragraph (1), shall apply with respect to certifications submitted under subsection (h) of such section to the Foreign Intelligence Surveillance Court after January 1, 2018."
EFFECTIVE DATE OF REPEAL Pub. L. 110-261, §403, 122 Stat. 2474, as amended by Pub. L. 112-238, §2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115-118, §201, 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 Transition Procedures note under section 1801 of this title, the repeals made by section 403(b)(1) are effective two years after Apr. 20, 2024.
MANDATORY AUDITS OF UNITED STATES PERSON QUERIES CONDUCTED BY FEDERAL BUREAU OF INVESTIGATION Pub. L. 118-49, §2(c), Apr. 20, 2024, 138 Stat. 863, provided that:"(1) AUDITS REQUIRED.-For each query identified by the Federal Bureau of Investigation as a United States person query against information acquired pursuant to subsection (a) of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) conducted by the Federal Bureau of Investigation, not later than 180 days after the conduct of such query, the Department of Justice shall conduct an audit of such query. "(2) APPLICABILITY.-The requirement under paragraph (1) shall apply with respect to queries conducted on or after the date of the enactment of this Act [Apr. 20, 2024]."(3) SUNSET.-This section [probably should be "subsection"] shall terminate on the earlier of the following:"(A) The date that is 2 years after the date of the enactment of this Act [Apr. 20, 2024]."(B) The date on which the Attorney General submits to the appropriate congressional committees a certification that the Federal Bureau of Investigation has implemented a process for the internal audit of all queries referred to in paragraph (1)."(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.-In this section [probably should be "subsection"], the term 'appropriate congressional committees' means-"(A) the congressional intelligence committees, as such term is defined in subsection (b) of section 701 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881); and"(B) the Committees on the Judiciary of the House of Representatives and of the Senate."
TARGETING DECISIONS UNDER SECTION 702 Pub. L. 118-49, §4, Apr. 20, 2024, 138 Stat. 867, provided that:"(a) SENSE OF CONGRESS ON THE TARGETED COLLECTION OF UNITED STATES PERSON INFORMATION.-It is the sense of Congress that, as proscribed in section 702(b)(2) [50 U.S.C. 1881a(b)(2)], section 702 of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1881a] has always prohibited, and continues to prohibit, the intelligence community from targeting a United States person for collection of foreign intelligence information. If the intelligence community intends to target a United States person for collection of foreign intelligence information under the Foreign Intelligence Surveillance Act of 1978, the Government must first obtain an individualized court order based upon a finding of probable cause that the United States person is a foreign power, an agent of a foreign power, or an officer or employee of a foreign power, in order to conduct surveillance targeting that United States person."(b) ANNUAL AUDIT OF TARGETING DECISIONS UNDER SECTION 702.-"(1) MANDATORY REVIEW.-Not less frequently than annually, the Department of Justice National Security Division shall review each person targeted under section 702 of the Foreign Intelligence Surveillance Act of 1978 in the preceding year to ensure that the purpose of each targeting decision is not to target a known United States person. The results of this review shall be submitted to the Department of Justice Office of the Inspector General, the congressional intelligence committees, and the Committees on the Judiciary of the House of Representatives and of the Senate, subject to a declassification review."(2) INSPECTOR GENERAL AUDIT.-Not less frequently than annually, the Department of Justice Office of the Inspector General shall audit a sampling of the targeting decisions reviewed by the National Security Division under paragraph (1) and submit a report to the congressional intelligence committees and the Committees on the Judiciary of the House of Representatives and of the Senate. "(3) CERTIFICATION.-Within 180 days of enactment of this Act [Apr. 20, 2024], and annually thereafter, each agency authorized to target non-United States persons under section 702 shall certify to Congress that the purpose of each targeting decision made in the prior year was not to target a known United States person."(4) APPLICATION.-The requirements under this subsection apply for any year to the extent that section 702 of the Foreign Intelligence Surveillance Act of 1978 was in effect during any portion of the previous year."
MINIMUM ACCOUNTABILITY STANDARDS Pub. L. 118-49, §16(a)(2), Apr. 20, 2024, 138 Stat. 883, provided that: "Not later than 90 days after the date of the enactment of this Act [Apr. 20, 2024], the Director of the Federal Bureau of Investigation shall issue the minimum accountability standards required under subsection (f)(4) of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a)."
NOTIFICATION TO CONGRESS OF CERTAIN UNAUTHORIZED DISCLOSURES Pub. L. 118-49, §18(a), Apr. 20, 2024, 138 Stat. 884, provided that: "If the Director of National Intelligence becomes aware of an actual or potential significant unauthorized disclosure or compromise of information acquired under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as soon as practicable, but not later than 7 days after the date on which the Director becomes so aware, the Director shall notify the congressional intelligence committees of such actual or potential disclosure or compromise."
REQUIREMENT FOR RECERTIFICATION Pub. L. 118-49, §21, Apr. 20, 2024, 138 Stat. 892, provided that: "Notwithstanding any orders or authorizations issued or made under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) during the period beginning on January 1, 2024 and ending on April 30, 2024, no later than 90 days after the date of enactment of this Act [Apr. 20, 2024], the Attorney General and the Director of National Intelligence shall be required to seek new orders consistent with the provisions of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1801 et seq.], as amended by this Act, and thereafter to issue new authorizations consistent with such new orders."
CONGRESSIONAL REVIEW AND OVERSIGHT OF ABOUTS COLLECTION Pub. L. 115-118, §103, 132 Stat. 10, which required the Attorney General and Director of National Intelligence to provide written notice to Congress of the intent to implement authorization of the intentional acquisition of abouts communication and provided for a 30-day congressional review period and exception for emergency acquisition, was repealed by Pub. L. 118-49, §22(b)(2)(A), Apr. 20, 2024, 138 Stat. 892.
- appropriate congressional committees
- The term "appropriate congressional committees" means-(A) the congressional intelligence committees;(B) the Committee on Armed Services of the Senate;(C) the Committee on Appropriations of the Senate;(D) the Committee on Homeland Security and Governmental Affairs of the Senate;(E) the Committee on Armed Services of the House of Representatives;(F) the Committee on Appropriations of the House of Representatives;(G) the Committee on Homeland Security of the House of Representatives; and(H) the Committee on Oversight and Reform of the House of Representatives.