50 U.S.C. § 1872: Declassification of…

Summary

The Director of National Intelligence must review, with the Attorney General, each decision, order, or opinion from the Foreign Intelligence Surveillance Court or its Court of Review that contains a significant or new reading of the law — including any new or important meaning of the phrase "specific selection term." The review must finish as soon as possible, but no later than 180 days after it starts. When possible, the Director must make those rulings public, and may release them in redacted form. The Director and Attorney General can decide not to declassify a particular ruling if doing so would harm national security or reveal classified sources or methods. If they withhold a ruling, they must publish an unclassified statement prepared by the Attorney General (with the Director’s input) that summarizes the important legal interpretation, gives context as allowed by security, and says the statement was prepared by the Attorney General and is not part of the court’s opinion.

Title 50, §1872

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(a)Declassification required

Subject 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 form

The 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 waiver

The 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.

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–49 inserted “, to be concluded as soon as practicable, but not later than 180 days after the commencement of such review,” after “shall conduct a declassification review”.

§1872 Declassification of Significant Decisions, Orders, and Opinions

Summary

Title 50, §1872

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata