Title 50War and National DefenseRelease 119-73

§1881 Definitions

Title 50 › Chapter CHAPTER 36— - FOREIGN INTELLIGENCE SURVEILLANCE › Subchapter SUBCHAPTER VI— - ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE UNITED STATES › § 1881

Last updated Apr 6, 2026|Official source

Summary

Defines key words used in the subchapter. The words agent of a foreign power, Attorney General, contents, electronic surveillance, foreign intelligence information, foreign power, person, United States, and United States person keep the meanings given in section 1801 of this title unless this subchapter says otherwise. Congressional intelligence committees means the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence. Foreign Intelligence Surveillance Court or Court means the court created by section 1803(a). Foreign Intelligence Surveillance Court of Review or Court of Review means the court created by section 1803(b). Electronic communication service provider is a broad category. It covers telecom carriers (section 153 of title 47), providers of electronic communication services (section 2510 of title 18), remote computing services (section 2711 of title 18), other providers that can access wire or electronic communications while they are sent or while they are stored, and services that can access equipment used to send or store those communications. It does not include entities that mainly serve as public accommodations (section 1861(4) of this title), dwellings (section 3602 of title 42), community facilities (section 1592n of title 42), or food service establishments (section 1638 of title 7). It also includes officers, employees, custodians, or agents of those providers. Intelligence community has the meaning in section 3003(4) of this title.

Full Legal Text

Title 50, §1881

War and National Defense — Source: USLM XML via OLRC

(a)In this subchapter, the terms “agent of a foreign power”, “Attorney General”, “contents”, “electronic surveillance”, “foreign intelligence information”, “foreign power”, “person”, “United States”, and “United States person” have the meanings given such terms in section 1801 of this title, except as specifically provided in this subchapter.
(b)In this subchapter:
(1)The term “congressional intelligence committees” means—
(A)the Select Committee on Intelligence of the Senate; and
(B)the Permanent Select Committee on Intelligence of the House of Representatives.
(2)The terms “Foreign Intelligence Surveillance Court” and “Court” mean the court established under section 1803(a) of this title.
(3)The terms “Foreign Intelligence Surveillance Court of Review” and “Court of Review” mean the court established under section 1803(b) of this title.
(4)The term “electronic communication service provider” means—
(A)a telecommunications carrier, as that term is defined in section 153 of title 47;
(B)a provider of electronic communication service, as that term is defined in section 2510 of title 18;
(C)a provider of a remote computing service, as that term is defined in section 2711 of title 18;
(D)any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored;
(E)any other service provider who has access to equipment that is being or may be used to transmit or store wire or electronic communications, but not including any entity that serves primarily as—
(i)a public accommodation facility, as that term is defined in section 1861(4) of this title;
(ii)a dwelling, as that term is defined in section 3602 of title 42;
(iii)a community facility, as that term is defined in section 1592n of title 42; or
(iv)a food service establishment, as that term is defined in section 1638 of title 7; or
(F)an officer, employee, custodian, or agent of an entity described in subparagraph (A), (B), (C), (D), or (E).
(5)The term “intelligence community” has the meaning given the term in section 3003(4) of this title.

Legislative History

Notes & Related Subsidiaries

Repeal of Section Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), 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)(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

Prior Provisions

A prior section 701 of Pub. L. 95–511 was set out as a note under section 1801 of this title, prior to repeal by Pub. L. 110–261.

Amendments

2024—Subsec. (b)(4)(D). Pub. L. 118–49, § 25(a)(2), struck out “or” at end. Subsec. (b)(4)(E). Pub. L. 118–49, § 25(a)(3), added subpar. (E). Former subpar. (E) redesignated (F). Subsec. (b)(4)(F). Pub. L. 118–49, § 25(a)(1), (4), redesignated subpar. (E) as (F), inserted “custodian,” after “employee,” and substituted “(C), (D), or (E)” for “(C), or (D)”. 2018—Subsec. (a). Pub. L. 115–118, § 205(a)(5)(A), substituted “In this subchapter, the terms” for “The terms”. Subsec. (b). Pub. L. 115–118, § 205(a)(5)(B)(i), inserted introductory provisions. Subsec. (b)(5). Pub. L. 115–118, § 205(a)(5)(B)(ii), made technical amendment to reference in original act which appears in text as reference to section 3003(4) of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 2017 Amendment Pub. L. 115–96, div. A, § 1002, Dec. 22, 2017, 131 Stat. 2045, which temporarily extended the

Effective Date

of the

Amendments

made by section 403(b) of Pub. L. 110–261 to Jan. 19, 2018, was repealed by its own terms upon the enactment, on Jan. 19, 2018, of section 201(a) of Pub. L. 115–118, which amended the dates specified in section 403(b) of Pub. L. 110–261, and by Pub. L. 115–120, div. B, § 2002, Jan. 22, 2018, 132 Stat. 31, which was effective on Jan. 22, 2018.

Effective Date

of Repeal Pub. L. 110–261, title IV, § 403(b)(1), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(1), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(1), 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)(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. [Pub. L. 115–118, title II, § 201(c), Jan. 19, 2018, 132 Stat. 19, provided that: “The

Amendments

made to the FISA

Amendments

Act of 2008 (Public Law 110–261) by this section [amending sections 1881 to 1881g of this title and provisions set out as notes under section 1801 of this title and section 2511 of Title 18, Crimes and Criminal Procedure] shall take effect on December 31, 2017.” ]

Reference

Citations & Metadata

Citation

50 U.S.C. § 1881

Title 50War and National Defense

Last Updated

Apr 6, 2026

Release point: 119-73