Editorial Notes
Amendments
2024—Subsec. (e)(1)(D). Pub. L. 118–49 added subpar. (D).
2015—Subsec. (b)(1)(A). Pub. L. 114–23, § 702(1), inserted “, irrespective of whether the person is inside the United States” before semicolon at end.
Subsec. (b)(1)(B). Pub. L. 114–23, § 702(2), struck out “of such person’s presence in the United States” after “circumstances” and substituted “may engage in such activities” for “may engage in such activities in the United States”.
Subsec. (b)(1)(E). Pub. L. 114–23, § 703, added subpar. (E) and struck out former subpar. (E) which read as follows: “engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor for or on behalf of a foreign power; or”.
2010—Subsecs. (a)(7) to (p). Pub. L. 111–259 realigned margins.
2008—Subsec. (a)(7). Pub. L. 110–261, § 110(a)(1), added par. (7).
Subsec. (b)(1)(D), (E). Pub. L. 110–261, § 110(a)(2), added subpars. (D) and (E).
Subsec. (e)(1)(B). Pub. L. 110–261, § 110(a)(3), substituted “sabotage, international terrorism, or the international proliferation of weapons of mass destruction” for “sabotage or international terrorism”.
Subsec. (p). Pub. L. 110–261, § 110(a)(4), added subsec. (p).
2006—Subsec. (g). Pub. L. 109–177 substituted “, the Deputy Attorney General, or, upon the designation of the Attorney General, the Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28” for “or the Deputy Attorney General”.
2004—Subsec. (b)(1)(C). Pub. L. 108–458, § 6001, temporarily added subpar. (C) which read as follows: “engages in international terrorism or activities in preparation therefore;”. See Termination Date of 2004 Amendment note below.
2001—Subsec. (f)(2). Pub. L. 107–56, § 1003, as amended by Pub. L. 107–108, § 314(c)(2), inserted “, but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511(2)(i) of title 18” before semicolon at end.
Subsec. (h)(4). Pub. L. 107–108, § 314(a)(1), substituted “72 hours” for “twenty-four hours”.
1999—Subsec. (b)(2)(D), (E). Pub. L. 106–120 added subpar. (D) and redesignated former subpar. (D) as (E).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–261, title IV, § 402, July 10, 2008, 122 Stat. 2473, provided that:
“Except as provided in section 404 [set out as a note under this section], the amendments made by this Act [see Short Title of 2008 Amendment note below] shall take effect on the date of the enactment of this Act [July 10, 2008].”
Termination Date of 2004 Amendment
Pub. L. 108–458, title VI, § 6001(b), Dec. 17, 2004, 118 Stat. 3742, as amended by Pub. L. 109–177, title I, § 103, Mar. 9, 2006, 120 Stat. 195; Pub. L. 111–118, div. B, § 1004(b), Dec. 19, 2009, 123 Stat. 3470; Pub. L. 111–141, § 1(b), Feb. 27, 2010, 124 Stat. 37; Pub. L. 112–3, § 2(b), Feb. 25, 2011, 125 Stat. 5; Pub. L. 112–14, § 2(b), May 26, 2011, 125 Stat. 216; Pub. L. 114–23, title VII, § 705(b), June 2, 2015, 129 Stat. 300; Pub. L. 116–69, div. B, title VII, § 1703(b), Nov. 21, 2019, 133 Stat. 1143, provided that:
“(1) In general.—
Except as provided in paragraph (2), the amendment made by subsection (a) [amending this section] shall cease to have effect on March 15, 2020.
“(2) Exception.—
With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which the provisions cease to have effect, such provisions shall continue in effect.”
[Pub. L. 114–23, § 705(b), which delayed the June 1, 2015, termination of the amendment made by section 6001(a) of Pub. L. 108–458 by substituting “December 15, 2019” for “June 1, 2015” in section 6001(b)(1) of Pub. L. 108–458, set out above, was given effect in this section to reflect the probable intent of Congress, notwithstanding that Pub. L. 114–23 was enacted on June 2, 2015.]
Effective Date; Exception
Pub. L. 95–511, title VII, § 701, formerly title III, § 301, Oct. 25, 1978, 92 Stat. 1798, as renumbered title IV, § 401, and amended by Pub. L. 103–359, title VIII, § 807(a)(1), (2), Oct. 14, 1994, 108 Stat. 3443; renumbered title VI, § 601, and amended Pub. L. 105–272, title VI, §§ 601(1), 603(a), Oct. 20, 1998, 112 Stat. 2404, 2412; renumbered title VII, § 701, Pub. L. 108–458, title VI, § 6002(a)(1), Dec. 17, 2004, 118 Stat. 3743, which provided that the provisions of this Act [enacting this chapter, amending sections 2511, 2518, and 2519 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note below] (other than titles III, IV, and V [enacting subchapters II, III, and IV, respectively, of this chapter]) and the amendments made hereby shall become effective upon the date of enactment of this Act [Oct. 25, 1978], except that any electronic surveillance approved by the Attorney General to gather foreign intelligence information shall not be deemed unlawful for failure to follow the procedures of this Act, if that surveillance is terminated or an order approving that surveillance is obtained under title I of this Act [enacting this subchapter] within ninety days following the designation of the first judge pursuant to section 103 of this Act [section 1803 of this title], was repealed by Pub. L. 110–261, title I, § 101(a)(1), July 10, 2008, 122 Stat. 2437.
Short Title of 2024 Amendment
Pub. L. 118–49, § 1, Apr. 20, 2024, 138 Stat. 862, provided that:
“This Act [enacting sections
1810a and
1881h of this title, amending this section and sections
1803 to
1805,
1809,
1810,
1823,
1824,
1842,
1862,
1871 to
1873,
1881 to
1881h, and
1885 of this title and sections 402 and 1623 of Title 18, Crimes and Criminal Procedure, enacting provisions set out as notes under this section and sections
1803,
1804,
1873, and
1881a of this title, amending provisions set out as notes under this section and
section 1881 of this title and
section 2511 of Title 18, and repealing provisions set out as a note under
section 1881a of this title] may be cited as the ‘Reforming Intelligence and Securing America Act’.”
Short Title of 2018 Amendment
Pub. L. 115–118, § 1(a), Jan. 19, 2018, 132 Stat. 3, provided that:
“This Act [amending sections
1803,
1805,
1807,
1822,
1842,
1843,
1846,
1861,
1873,
1874,
1881 to
1881g,
1885,
1885a,
3234, and
3341 of this title,
section 1924 of Title 18, Crimes and Criminal Procedure, and sections 2000ee and 2000ee–1 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1881 and 1881a of this title and
section 2303 of Title 5, Government Organization and Employees, and amending provisions set out as notes under this section and
section 1881 of this title and
section 2511 of Title 18] may be cited as the ‘FISA Amendments Reauthorization Act of 2017’.”
Short Title of 2015 Amendment
Pub. L. 114–23, § 1(a), June 2, 2015, 129 Stat. 268, provided that:
“This Act [see Tables for classification] may be cited as the ‘Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015’ or the ‘USA FREEDOM Act of 2015’.”
Short Title of 2011 Amendment
Pub. L. 112–14, § 1, May 26, 2011, 125 Stat. 216, provided that:
“This Act [amending sections
1805,
1861, and
1862 of this title and provisions set out as notes under this section and
section 1805 of this title] may be cited as the ‘
PATRIOT Sunsets Extension Act of 2011’.”
Pub. L. 112–3, § 1, Feb. 25, 2011, 125 Stat. 5, provided that:
“This Act [amending sections
1805,
1861, and
1862 of this title and provisions set out as notes under this section and
section 1805 of this title] may be cited as the ‘
FISA Sunsets Extension Act of 2011’.”
Short Title of 2008 Amendment
Pub. L. 110–261, § 1(a), July 10, 2008, 122 Stat. 2436, provided that:
“This Act [enacting section 1812 and subchapters VI and VII of this chapter, amending this section, sections
1803 to
1805,
1806,
1808,
1809,
1821 to
1825,
1843, and
1871 of this title, and
section 2511 of Title 18, Crimes and Criminal Procedure, repealing sections 1805a to 1805c of this title and subchapter VI of this chapter, enacting provisions set out as notes under this section,
section 1881 of this title, and
section 2511 of Title 18, amending provisions set out as a note under
section 1803 of this title, and repealing provisions set out as a note under this section] may be cited as the ‘
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008’ or the ‘
FISA Amendments Act of 2008’.”
Short Title of 2000 Amendment
Pub. L. 106–567, title VI, § 601, Dec. 27, 2000, 114 Stat. 2850, provided that:
“This title [enacting section 9A of the
Classified Information Procedures Act, set out in the
Appendix to Title 18, Crimes and Criminal Procedure, amending sections 402a, 1804, 1805, 1808, 1823, and 1824 of this title, and enacting provisions set out as notes under this section and
section 1806 of this title] may be cited as the ‘
Counterintelligence Reform Act of 2000’.”
Short Title
Pub. L. 95–511, § 1, Oct. 25, 1978, 92 Stat. 1783, provided in part:
“That this Act [enacting this chapter, amending sections 2511, 2518, and 2519 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note above] may be cited as the ‘
Foreign Intelligence Surveillance Act of 1978’.”
Severability
Pub. L. 118–49, § 18(d)(1), Apr. 20, 2024, 138 Stat. 891, provided that:
“If any provision of this Act [see Short Title of 2024 Amendment note set out above], any amendment made by this Act, or the application thereof to any
person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other
persons and circumstances shall not be affected thereby.”
Pub. L. 115–118, title II, § 206, Jan. 19, 2018, 132 Stat. 22, provided that:
“If any provision of this Act [see Short Title of 2018 Amendment note set out above], any amendment made by this Act, or the application thereof to any
person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other
persons and circumstances shall not be affected thereby.”
Pub. L. 110–261, title IV, § 401, July 10, 2008, 122 Stat. 2473, provided that:
“If any provision of this Act [see Short Title of 2008 Amendment note above], any amendment made by this Act, or the application thereof to any
person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other
persons and circumstances shall not be affected thereby.”
Pub. L. 106–567, title VI, § 608, Dec. 27, 2000, 114 Stat. 2856, provided that:
“If any provision of this title [see Short Title of 2000 Amendment note above] (including an amendment made by this title), or the application thereof, to any
person or circumstance, is held invalid, the remainder of this title (including the amendments made by this title), and the application thereof, to other
persons or circumstances shall not be affected thereby.”
Accountability Measures for Executive Leadership of Federal Bureau of Investigation
Pub. L. 118–49, § 12(b), Apr. 20, 2024, 138 Stat. 880, provided that:
“(1) Measures required.—
The Director of the Federal Bureau of Investigation shall ensure that, as soon as practicable following the date of enactment of this Act [Apr. 20, 2024], there are in effect measures for holding the executive leadership of each covered component appropriately accountable for ensuring compliance with covered procedures by the personnel of the Federal Bureau of Investigation assigned to that covered component. Such measures shall include a requirement for an annual evaluation of the executive leadership of each such covered component with respect to ensuring such compliance during the preceding year.
“(2) Briefings required.—
“(A) Briefings.—
Not later than December 31 of each calendar year, the Federal Bureau of Investigation shall provide to the appropriate congressional committees a briefing on the implementation of paragraph (1).
“(B) Matters.—Each briefing under subparagraph (A) shall include, with respect to the period covered by the briefing, the following:
“(i)
A description of specific measures under paragraph (1) that the Federal Bureau of Investigation has implemented.
“(ii)
A description of specific measures under such subsection that the Federal Bureau of Investigation has proposed to be implemented or modified, and the timeline for such proposed implementation or modification.
“(iii)
A summary of compliance with covered procedures by the personnel of the Federal Bureau of Investigation, disaggregated by covered component, and a description of any adverse personnel actions taken against, or other actions taken to ensure the appropriate accountability of, the executive leadership of covered components that underperformed with respect to ensuring such compliance.
“(3) Definitions.—In this subsection:
“(A) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—
“(ii)
the Committees on the Judiciary of the House of Representatives and the Senate.
“(B) Covered component.—
The term ‘covered component’ means a field office, Headquarters division, or other element of the
Federal Bureau of Investigation with personnel who, for any period during which
section 702 [
50 U.S.C. 1881a] is in effect, have access to the unminimized contents of communications obtained through acquisitions authorized under section 702(a).
“(C) Covered procedure.—The term ‘covered procedure’—
“(ii)
includes querying procedures and minimization procedures adopted pursuant to such Act.
“(D) Executive leadership.—The term ‘executive leadership’ includes—
“(i)
with respect to a field office of the Federal Bureau of Investigation, an Assistant Director in Charge or Special Agent in Charge of the field office; and
“(ii)
with respect to a division of the Federal Bureau of Investigation Headquarters, an Assistant Director of the division.”
Transition Procedures
Pub. L. 110–261, title IV, § 404, July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(b), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title I, § 101(b)(3), title II, § 201(b), Jan. 19, 2018, 132 Stat. 8, 19; Pub. L. 118–31, div. G, title IX, § 7902(b), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(b), Apr. 20, 2024, 138 Stat. 891, provided that:
“(a) Transition Procedures for Protect America Act of 2007 Provisions.—
“(1) Continued effect of orders, authorizations, directives.—
Except as provided in paragraph (7), notwithstanding any other provision of law, any order, authorization, or directive issued or made pursuant to section 105B of the
Foreign Intelligence Surveillance Act of 1978 [
50 U.S.C. 1805b], as added by section 2 of the
Protect America Act of 2007 (
Public Law 110–55;
121 Stat. 552), shall continue in effect until the expiration of such order, authorization, or directive.
“(2) Applicability of protect america act of 2007 to continued orders, authorizations, directives.—Notwithstanding any other provision of this Act [see Short Title of 2008 Amendment note above], any amendment made by this Act, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)—
“(B) sections 105B and 105C of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1805b, 1805c], as added by sections 2 and 3, respectively, of the Protect America Act of 2007, shall continue to apply with respect to an order, authorization, or directive referred to in paragraph (1) until the later of—
“(i)
the expiration of such order, authorization, or directive; or
“(ii)
the date on which final judgment is entered for any petition or other litigation relating to such order, authorization, or directive.
“(6) Reporting requirements.—
“(B) Certification.—The certification described in this subparagraph is a certification—
“(iv)
that
states that the information required to be included under such section 4 relating to any acquisition conducted under such section 105B has been included in a semi-annual report required by such section 4.
“(7) Replacement of orders, authorizations, and directives.—
“(B) Continuation of existing orders.—
If the
Attorney General and the Director of National Intelligence seek to replace an authorization made pursuant to section 105B of the
Foreign Intelligence Surveillance Act of 1978, as added by section 2 of the
Protect America Act of 2007 (
Public Law 110–55;
121 Stat. 522), by filing a certification in accordance with 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) of such section 105B, until the Foreign Intelligence Surveillance Court (as such term is defined in section 701(b)(2) of the
Foreign Intelligence Surveillance Act of 1978 (as so added)) issues an order with respect to that certification under section 702(j)(3) of such Act (as so added) at which time the provisions of that section and of section 702(j)(4) of such Act (as so added) shall apply.
“(8) Effective date.—
Paragraphs (1) through (7) shall take effect as if enacted on August 5, 2007.
“(b) Transition Procedures for FISA Amendments Act of 2008 Provisions.—
“(1) Orders in effect on two years after april 20, 2024.—
Notwithstanding any other provision of this Act, any amendment made by this Act, or the
Foreign Intelligence Surveillance Act of 1978 (
50 U.S.C. 1801 et seq.), any order, authorization, or directive issued or made under title VII of the
Foreign Intelligence Surveillance Act of 1978 [
50 U.S.C. 1881 et seq.], as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 [
Pub. L. 115–118, see Short Title of 2018 Amendment note set out above] and the Reforming Intelligence and Securing America Act [
Pub. L. 118–49, see Short Title of 2024 Amendment note set out above], shall continue in effect until the date of the expiration of such order, authorization, or directive.
“(2) Applicability of title vii of fisa to continued orders, authorizations, directives.—Notwithstanding any other provision of this Act, any amendment made by this Act, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), with respect to any order, authorization, or directive referred to in paragraph (1), title VII of such Act, as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, shall continue to apply until the later of—
“(A)
the expiration of such order, authorization, or directive; or
“(B)
the date on which final judgment is entered for any petition or other litigation relating to such order, authorization, or directive.
“(3) Challenge of directives; protection from liability; use of information.—Notwithstanding any other provision of this Act or of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)—
“(A)
section 103(e) of such Act [
50 U.S.C. 1803(e)], as amended by section 403(a)(1)(B)(ii), shall continue to apply with respect to any directive issued pursuant to section 702(i) of such Act [
50 U.S.C. 1881a(i)], as added by section 101(a);
“(B)
section 702(i)(3) of such Act (as so added) shall continue to apply with respect to any directive issued pursuant to section 702(i) of such Act (as so added);
“(C)
section 703(e) of such Act [
50 U.S.C. 1881b(e)] (as so added) shall continue to apply with respect to an order or request for emergency assistance under that section;
“(D)
section 706 of such Act [
50 U.S.C. 1881e] (as so added) shall continue to apply to an acquisition conducted under section 702 or 703 of such Act (as so added); and
“(4) Reporting requirements.—
“(A) Continued applicability.—
Notwithstanding any other provision of this Act or of the
Foreign Intelligence Surveillance Act of 1978 (
50 U.S.C. 1801 et seq.), section 601(a) of such Act (
50 U.S.C. 1871(a)), as amended by section 101(c)(2), and sections 702(m) and 707 of such Act, [
50 U.S.C. 1881a(m), 1881f] as added by section 101(a) and amended by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, shall continue to apply until the date that the certification described in subparagraph (B) is submitted.
“(B) Certification.—The certification described in this subparagraph is a certification—
“(ii)
submitted to the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Committees on the Judiciary of the Senate and the House of Representatives;
“(iii)
that
states that there will be no further acquisitions carried out under title VII of the
Foreign Intelligence Surveillance Act of 1978 [
50 U.S.C. 1881 et seq.], as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, after the date of such certification; and
“(iv)
that
states that the information required to be included in a review, assessment, or report under section 601 of such Act [
50 U.S.C. 1871], as amended by section 101(c), or section 702(m) or 707 of such Act, as added by section 101(a) and amended by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, relating to any acquisition conducted under title VII of such Act, as amended by section 101(a) and by the FISA Amendments Reauthorization Act of 2017 and the Reforming Intelligence and Securing America Act, has been included in a review, assessment, or report under such section 601, 702(l) [now 702(m)], or 707.
“(5) Transition procedures concerning the targeting of united states persons overseas.—Any authorization in effect on the date of enactment of this Act [July 10, 2008] under section 2.5 of Executive Order 12333 [50 U.S.C. 3001 note] to intentionally target a United States person reasonably believed to be located outside the United States shall continue in effect, and shall constitute a sufficient basis for conducting such an acquisition targeting a United States person located outside the United States until the earlier of—
“(A)
the date that authorization expires; or
“(B)
the date that is 90 days after the date of the enactment of this Act [July 10, 2008].”
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.