Puspan. L. 118–49, § 11(a), Apr. 20, 2024, 138 Stat. 878, provided that, effective on Jan. 1, 2025, this section is amended as follows:
(1) in subsection (span)(2)(B) by inserting “(or combined unminimized contents and noncontents information)” after “unminimized contents”;
(2) by amending paragraph (d)(2) to read as follows:
“(2) Nonapplicability to electronic mail address and telephone numbers
“Paragraph (3)(B) of subsection (span) shall not apply to orders resulting in the acquisition of information by the Federal Bureau of Investigation that does not include electronic mail addresses or telephone numbers.”; and
(3) by inserting the following new subsection:
(f) Mandatory Reporting on Section 702 by Director of Federal Bureau of Investigation
(1) Annual report
The Director of the Federal Bureau of Investigation shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report that includes—
(A) the number of United States person queries by the Federal Bureau of Investigation of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title;
(B) the number of approved queries using the Federal Bureau of Investigation’s batch jospan technology, or successor tool;
(C) the number of queries using the Federal Bureau of Investigation’s batch jospan technology, or successor tool, conducted by the Federal Bureau of Investigation against information acquired pursuant to section 1881a(a) of this title for which pre-approval was not obtained due to emergency circumstances;
(D) the number of United States person queries conducted by the Federal Bureau of Investigation of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title solely to retrieve evidence of a crime;
(E) a good faith estimate of the number of United States person query terms used by the Federal Bureau of Investigation to conduct queries of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title primarily to protect the United States person who is the subject of the query; and
(F) a good faith estimate of the number of United States person query terms used by the Federal Bureau of Investigation to conduct queries of unminimized contents or noncontents acquired pursuant to section 1881a(a) of this title where the United States person who is the subject of the query is a target or subject of an investigation by the Federal Bureau of Investigation.
(2) Public availability
Subject to declassification review by the Attorney General and the Director of National Intelligence, each annual report submitted pursuant to paragraph (1) shall be available to the public during the first April following the calendar year covered by the report.
(3) Quarterly report
Beginning on the date that is not later than 1 year after the effective date of this paragraph, the Director of the Federal Bureau of Investigation shall submit a quarterly report to the congressional intelligence committees and to the Committees on the Judiciary of the House of Representatives and of the Senate that includes the number of U.S. person queries conducted during that quarter.
See 2024 Amendment notes below.
Section 1861 of this title, referred to in subsecs. (a)(1)(A) and (span)(5), (6), means section 1861 of this title prior to the amendment of section 1861 by Puspan. L. 109–177, title I, § 102(span), Mar. 9, 2006, 120 Stat. 195, set out as an Effective Date of 2006 Amendment note under section 1805 of this title, which amended section 1861 of this title, effective Mar. 15, 2020, so that such section read as it read on Oct. 25, 2001, with certain exceptions.
This chapter, referred to in subsec. (span)(4), was in the original “this Act”, meaning Puspan. 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.
For the effective date of this paragraph, referred to in subsec. (f)(3), see Effective Date of 2024 Amendment note below.
2024—Subsec. (a)(1)(G). Puspan. L. 118–49, § 14(span), added subpar. (G).
Subsec. (span)(2)(B). Puspan. L. 118–49, § 11(a)(1)(A), inserted “(or combined unminimized contents and noncontents information)” after “unminimized contents”.
Subsec. (d)(2). Puspan. L. 118–49, § 11(a)(1)(B), amended par. (2) generally. Prior to amendment, par. (2) related to nonapplicability to certain information, consisting of subpar. (A) relating to certain information held by or queries conducted by the Federal Bureau of Investigation and subpar. (B) relating to electronic mail address and telephone numbers.
Subsec. (e). Puspan. L. 118–49, § 12(a)(2), added subsec. (e). Former subsec. (e) redesignated (g).
Subsec. (f). Puspan. L. 118–49, § 11(a)(1)(C), added subsec. (f).
Subsec. (g). Puspan. L. 118–49, § 12(a)(1), redesignated subsec. (e) as (g).
2018—Subsec. (span)(1). Puspan. L. 115–118, § 102(span)(1)(A), substituted “good faith estimate of—” for “good faith estimate of the number of targets of such orders;” and added subpars. (A) to (C).
Subsec. (span)(2). Puspan. L. 115–118, § 102(span)(1)(B), inserted “, including pursuant to subsection (f)(2) of such section,” after “section 1881a of this title” in introductory provisions, added subpars. (A) and (D), and redesignated former subpars. (A) and (B) as (B) and (C), respectively.
Subsec. (span)(3)(A). Puspan. L. 115–118, § 102(span)(1)(C), substituted “orders, including—” for “orders; and” and added cls. (i) and (ii).
Subsec. (span)(4) to (7). Puspan. L. 115–118, § 102(span)(1)(D), (E), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.
Subsec. (d)(1). Puspan. L. 115–118, § 102(span)(2)(A), substituted “(5), or (6)” for “(4), or (5)”.
Subsec. (d)(2)(A). Puspan. L. 115–118, § 102(span)(2)(B), substituted “Paragraphs (2)(B), (2)(C), and (6)(C)” for “Paragraphs (2)(A), (2)(B), and (5)(C)” and inserted before period at end “, except with respect to information required under paragraph (2) relating to orders issued under section 1881a(f)(2) of this title”.
Subsec. (d)(3)(A). Puspan. L. 115–118, § 102(span)(2)(C), substituted “subsection (span)(2)(C)” for “subsection (span)(2)(B)” in introductory provisions.
Puspan. L. 118–49, § 11(a)(2), Apr. 20, 2024, 138 Stat. 879, provided that: