§1881f — Title 50 War and National Defense | U.S. Code

Summary

At least every six months, the Attorney General must give a full update, in a way that protects national security and follows House and Senate rules (including Senate Resolution 400 or its successor), to the congressional intelligence committees and the House and Senate Judiciary Committees about how this part of the law is being used. Each report must cover three main parts. For section 1881a, it must include certifications made under 1881a(h); reasons for any decisions under 1881a(c)(2); directives issued under 1881a(i); a description of any court reviews of those certifications and targeting/minimization rules (including copies of orders or filings with important legal rulings); any efforts to challenge or enforce certain directives; any compliance reviews by the Attorney General or Director of National Intelligence; descriptions of incidents of noncompliance with directives or required procedures; and any procedures put in place to carry out 1881a. For sections 1881b and 1881c, each report must give totals for applications under their subsection (b), totals of orders granted, modified, or denied, and totals of emergency acquisitions authorized by the Attorney General under subsection (d) plus the totals of later orders approving or denying those emergency acquisitions.

Title 50, §1881f

War and National Defense — Source: USLM XML via OLRC

(a)Not less frequently than once every 6 months, the Attorney General shall fully inform, in a manner consistent with national security, the congressional intelligence committees and the Committees on the Judiciary of the Senate and the House of Representatives, consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution, concerning the implementation of this subchapter.

(b)Each report under subsection (a) shall include—

(1)with respect to section 1881a of this title—

(A)any certifications submitted in accordance with section 1881a(h) of this title during the reporting period;

(B)with respect to each determination under section 1881a(c)(2) of this title, the reasons for exercising the authority under such section;

(C)any directives issued under section 1881a(i) of this title during the reporting period;

(D)a description of the judicial review during the reporting period of such certifications and targeting and minimization procedures adopted in accordance with subsections (d) and (e) of section 1881a of this title and utilized with respect to an acquisition under such section, including a copy of an order or pleading in connection with such review that contains a significant legal interpretation of the provisions of section 1881a of this title;

(E)any actions taken to challenge or enforce a directive under paragraph (4) or (5) of section 1881a(i) of this title;

(F)any compliance reviews conducted by the Attorney General or the Director of National Intelligence of acquisitions authorized under section 1881a(a) of this title;

(G)a description of any incidents of noncompliance—

(i)with a directive issued by the Attorney General and the Director of National Intelligence under section 1881a(i) of this title, including incidents of noncompliance by a specified person to whom the Attorney General and Director of National Intelligence issued a directive under section 1881a(i) of this title; and

(ii)by an element of the intelligence community with procedures and guidelines adopted in accordance with subsections (d), (e), (f)(1), and (g) of section 1881a of this title; and

(H)any procedures implementing section 1881a of this title;

(2)with respect to section 1881b of this title—

(A)the total number of applications made for orders under section 1881b(b) of this title;

(B)the total number of such orders—

(i)granted;

(ii)modified; and

(iii)denied; and

(C)the total number of emergency acquisitions authorized by the Attorney General under section 1881b(d) of this title and the total number of subsequent orders approving or denying such acquisitions; and

(3)with respect to section 1881c of this title—

(A)the total number of applications made for orders under section 1881c(b) of this title;

(B)the total number of such orders—

(i)granted;

(ii)modified; and

(iii)denied; and

(C)the total number of emergency acquisitions authorized by the Attorney General under section 1881c(d) of this title and the total number of subsequent orders approving or denying such applications.

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

References in Text

Senate Resolution 400 of the 94th Congress, referred to in subsec. (a), 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.

Amendments

2018—Subsec. (b)(1)(A). Pub. L. 115–118, § 101(b)(2)(B), substituted “section 1881a(h) of this title” for “section 1881a(g) of this title”. Subsec. (b)(1)(C), (E). Pub. L. 115–118, § 102(b)(2)(A), substituted “section 1881a(i) of this title” for “section 1881a(h) of this title”. Subsec. (b)(1)(G)(i). Pub. L. 115–118, § 102(b)(2)(A), substituted “section 1881a(i) of this title” for “section 1881a(h) of this title” in two places. Subsec. (b)(1)(G)(ii). Pub. L. 115–118, § 101(b)(2)(C), substituted “subsections (d), (e), (f)(1), and (g)” for “subsections (d), (e), and (f)”.

Statutory Notes and Related Subsidiaries

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.

§1881f Congressional Oversight