USE OF FOREIGN INTELLIGENCE AUTHORITIES:
OFFICIAL REPORTS

Laura K. Donohue

While some documents remain classified or partially-redacted, myriad reports are available on the government’s use of foreign intelligence authorities. This document distinguishes between statutorily-required and special reports and provides links to the documents.

A. STATUTORILY-REQUIRED

  1. Foreign Intelligence Surveillance Court (FISC)

    50 U.S.C. § 1803(g)(2) requires FISC to transmit its rules and procedures to the House Permanent Select Committee on Intelligence (HPSCI), Senate Select Committee on Intelligence (SSCI), and the House and Senate Judiciary Committees.

    The Courts’ rules of procedure include :

  2. Administrative Office of the U.S. Courts

    50 U.S.C. § 1873(a) requires the Director of the Administrative Office of the U.S. Courts to publish:

    1. the number of applications or certifications for orders submitted under §§ 1805, 1824, 1842, 1861, 1881a, 1881b, 188c;
    2. the number of such orders granted under each of those sections;
    3. the number of orders modified under each of those sections;
    4. the number of applications or certifications denied under each of those sections;
    5. the number of appointments of an individual to serve as amicus curiae under section § 1803, including the name of each individual appointed to serve as amicus curiae; and
    6. the number of findings issued under §1803(i) that such appointment is not appropriate.

    The following reports have been issued to date :

    • Report of the Director of the Administrative Office of the U.S. Courts on Activities of the Foreign Intelligence Surveillance Courts for 2020 (2021). [U.S. Courts] [Local]
    • Report of the Director of the Administrative Office of the U.S. Courts on Activities of the Foreign Intelligence Surveillance Courts for 2019 (2020). [U.S. Courts] [Local]
    • Report of the Director of the Administrative Office of the U.S. Courts on Activities of the Foreign Intelligence Surveillance Courts for 2018 (2019). [U.S. Courts] [Local]
    • Report of the Director of the Administrative Office of the U.S. Courts on Activities of the Foreign Intelligence Surveillance Courts for 2017 (2018). [U.S. Courts] [Local]
    • Report of the Director of the Administrative Office of the U.S. Courts on Activities of the Foreign Intelligence Surveillance Courts for 2016 (2017). [U.S. Courts] [Local]
    • Report of the Director of the Administrative Office of the U.S. Courts on Activities of the Foreign Intelligence Surveillance Courts for 2015 (2016). [U.S. Courts] [Local]
  3. Director of National Intelligence

    1. Cyclical Reporting

      Starting in 2014, the DNI began annually issuing a Statistical Transparency Report Regarding Use of National Security Authorities. In 2015, the USA FREEDOM Act codified at 50 U.S.C. § 1873(b) a requirement that DNI annually provide details on:

      1. the number of individualized electronic surveillance and physical search orders;
      2. the number of § 702 orders and a good faith estimate of queries and searches of information collected under § 702;
      3. the number of PRTT orders;
      4. the number of orders to produce tangible things; and
      5. the number of NSLs.

      The following reports have been issued to date :

      • Annual Statistical Transparency Report Regarding the Intelligence Community's Use of National Security Surveillance Authorities: Calendar Year 2020 (2021). [ODNI] [Local]
      • Statistical Transparency Report Regarding the Use of National Security Authorities: Calendar Year 2019 (2020). [ODNI] [Local]
      • Statistical Transparency Report Regarding Use of National Security Authorities: Calendar Year 2018 (2019). [ODNI] [Local]
      • Statistical Transparency Report Regarding Use of National Security Authorities: Calendar Year 2017 (2018). [ODNI] [FAS] [Local]
      • Statistical Transparency Report Regarding Use of National Security Authorities for Calendar Year 2016 (2017). [ODNI] [FAS] [Local]
      • Statistical Transparency Report Regarding Use of National Security Authorities: Annual Statistics for Calendar Year 2015 Regarding Use of Certain National Security Legal Authorities (2016). [ODNI] [FAS] [Local]
      • Statistical Transparency Report Regarding Use of National Security Authorities: Annual Statistics for Calendar Year 2014 (2015). [ODNI] [FAS] [Local]
      • Statistical Transparency Report Regarding Use of National Security Authorities: Annual Statistics for Calendar Year 2013 (2014). [ODNI] [FAS] [Local]
    2. Individual Reports
      • Protecting U.S. Person Identities in Disseminations under the Foreign Intelligence Surveillance Act (Nov. 2017). [ODNI] [Local]
  4. U.S. Attorney General

    1. Cyclical Reporting

      1. 50 U.S.C. § 1807 requires the Attorney general to provide annual reports to the Administrative Office of the U.S. Courts and Congress on the total number of applications made for orders and extensions of FISC orders approving electronic surveillance.

        The following reports are publicly available :

        • 2020 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 30, 2021). [DOJ] [Local]
        • 2019 Annual Foreign Intelligence Surveillance Act Report to Congress (July 17, 2020). [DOJ] [FAS] [Local]
        • 2018 Annual Foreign Intelligence Surveillance Act Report to Congress (May 3, 2019). [DOJ] [FAS] [Local]
        • 2017 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 30, 2018). [DOJ] [FAS] [Local]
        • 2016 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 28, 2017). [DOJ] [FAS] [Local]
        • 2015 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 28, 2016). [DOJ] [FAS] [Local]
        • 2014 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 20, 2015). [DOJ] [FAS] [Local]
        • 2013 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 30, 2014). [DOJ] [FAS] [Local]
        • 2012 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 30, 2013). [DOJ] [FAS] [Local]
        • 2011 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 30, 2012). [DOJ] [FAS] [Local]
        • 2010 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 29, 2011). [DOJ] [FAS] [Local]
        • 2009 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 30, 2010). [DOJ] [FAS] [Local]
        • 2008 Annual Foreign Intelligence Surveillance Act Report to Congress (May 14, 2009). [DOJ] [FAS] [Local]
        • 2007 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 30, 2008). [DOJ] [FAS] [Local]
        • 2006 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 27, 2007). [DOJ] [FAS] [Local]
        • 2005 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 28, 2006). [DOJ] [FAS] [Local]
        • 2004 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 1, 2005). [DOJ] [FAS] [Local]
        • 2003 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 30, 2004). [DOJ] [FAS] [Local]
        • 2002 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 29, 2003). [DOJ] [FAS] [Local]
        • 2001 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 29, 2002). [DOJ] [FAS] [Local]
        • 2000 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 27, 2001). [DOJ] [FAS] [Local]
        • 1999 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 27, 2000). [DOJ] [FAS] [Local]
        • 1998 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 29, 1999). [DOJ] [FAS] [Local]
        • 1997 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 29, 1998). [DOJ] [FAS] [Local]
        • 1996 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 18, 1997). [DOJ] [FAS] [Local]
        • 1995 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 16, 1996). [FAS]
        • 1994 Annual Foreign Intelligence Surveillance Act Report to Congress (May 1, 1995). [FAS]
        • 1993 Annual Foreign Intelligence Surveillance Act Report to Congress (May 3, 1994). [FAS]
        • 1992 Annual Foreign Intelligence Surveillance Act Report to Congress (Mar. 10, 1993). [FAS]
        • 1991 Annual Foreign Intelligence Surveillance Act Report to Congress (May 29, 1992). [FAS]
        • 1990 Annual Foreign Intelligence Surveillance Act Report to Congress (May 10, 1991). [FAS]
        • 1989 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 13, 1990). [FAS]
        • 1988 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 12, 1989). [FAS]
        • 1987 Annual Foreign Intelligence Surveillance Act Report to Congress (Mar. 30, 1988). [FAS]
        • 1986 Annual Foreign Intelligence Surveillance Act Report to Congress (Mar. 24, 1987). [FAS]
        • 1985 Annual Foreign Intelligence Surveillance Act Report to Congress (Mar. 5, 1986). [FAS]
        • 1984 Annual Foreign Intelligence Surveillance Act Report to Congress (Mar. 6, 1985). [FAS]
        • 1983 Annual Foreign Intelligence Surveillance Act Report to Congress (Mar. 6, 1984). [FAS]
        • 1982 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 4, 1983). [FAS]
        • 1981 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 15, 1982). [FAS]
        • 1980 Annual Foreign Intelligence Surveillance Act Report to Congress (Apr. 22, 1981). [FAS]
        • 1979 Annual Foreign Intelligence Surveillance Act Report to Congress (1980?). [FAS]
      2. 50 U.S.C. § 1808 requires that the Attorney General “fully inform” HPSCI, SSCI, and the House and Senate Judiciary Committees on a semiannual basis concerning “all electronic surveillance, including:

        1. the total number of applications made for orders and their extension where the nature/location of each facility or place at which the surveillance is directed is not known;
        2. each criminal case in which information acquired under Title I has been authorized for use at trial;
        3. the total number of emergency employments of electronic surveillance and the subsequent orders approving/denying them; and
        4. the total number of authorizations under 1805(f) and subsequent employment of electronic surveillance under 1805(e) or physical searches under section 301(e).

        Pursuant to the statute, Congress provided unclassified reports 1979-1983 based on the AG’s classified semimanual reporting to the enumerated committees.

        Available Congressional reports include the following :

      3. 50 U.S.C. § 1826 requires the Attorney General to “fully inform” HPSCI, SSCI, and the House and Senate Judiciary Committees on a semiannual basis concerning all physical searches, including:

        1. The number of applications made for orders approving physical searches and the number of orders granted, modified, or denied;
        2. The number of physical searches which involved searches of the residences, offices, or personal property of U.S. persons and the number of occasions, if any, where the AG provided notice pursuant to 1825(b); and
        3. The number of emergency physical searches authorized by the Attorney General and the number of subsequent orders approving them.
      4. 50 U.S.C. § 1846(b) requires the Attorney General to “fully inform” HPSCI, SSCI, and the House and Senate Intelligence Committees on a semiannual basis (and in an unclassified form to the extent possible in light of national security) concerning:

        1. the number of applications for pen registers and trap and trace (PRTT) devices and the number granted, modified, or denied;
        2. the number of PRTT devices authorized on an emergency basis under § 1843 and the number subsequently approving or denying their installation;
        3. each department or agency on behalf of which the Attorney General or a designated attorney made an application for use of PRTT and the associated number granted, modified, or denied;
        4. a good faith estimate of the total number of subjects targeted via PRTT, rounded to the nearest 500, including, the number of US Persons and, of them, the number whose information was reviewed or accessed by a Federal officer, employee, or agent.

        The following reports are publicly available :

        • Report of the Attorney General on the Use of Pen Registers and/or Trap and Trace Devices Under the Foreign Intelligence Surveillance Act, January 1, 2020 to June 30, 2020 (Dec. 14, 2020). [DOJ] [Local]
        • Report of the Attorney General on the Use of Pen Registers and/or Trap and Trace Devices Under the Foreign Intelligence Surveillance Act, July 1, 2019 to December 31, 2019 (July 28, 2020). [DOJ] [Local]
        • Report of the Attorney General on the Use of Pen Registers and/or Trap and Trace Devices Under the Foreign Intelligence Surveillance Act, January 1, 2019 to June 30, 2019 (Dec. 27, 2019). [DOJ] [Local]
        • Report of the Attorney General on the Use of Pen Registers and/or Trap and Trace Devices Under the Foreign Intelligence Surveillance Act, July 1, 2018 to December 31, 2018 (July 1, 2019). [DOJ] [Local]
        • Report of the Attorney General on the Use of Pen Registers and/or Trap and Trace Devices Under the Foreign Intelligence Surveillance Act, January 1, 2018 to June 30, 2018 (Feb. 14, 2019). [DOJ] [Local]
        • Report of the Attorney General on the Use of Pen Registers and/or Trap and Trace Devices Under the Foreign Intelligence Surveillance Act, July 1, 2017 to December 31, 2017 (July 3, 2018). [DOJ] [FAS] [Local]
        • The Attorney General’s Report on the Use of Pen Registers and/or Trap and Trace Devices Under the Foreign Intelligence Surveillance Act (collection of semiannual reports covering January 1, 2001 to December 31, 2012). [ODNI] [EPIC] [Local]
      5. 50 U.S.C. § 1862(b) requires the Attorney General to “fully inform” HPSCI, SSCI, and the House and Senate Judiciary Committees on an annual basis (in April) concerning requests for the production of tangible things under §1861, including:

        1. a summary of all compliance reviews conducted by the Government for the production of tangible things;
        2. the number of applications for orders approving requests for tangible things and the total number granted, modified, or denied;
        3. the number of applications made for orders approving requests for the production of call detail records on an ongoing basis for data created before, on, or after the date of the application relating to an authorized investigation (other than a threat assessment) and the total number of such orders granted, modified, or denied;
        4. the number of applications made for orders approving requests for the production of call detail records that do not fall into the above category and the total number granted, modified, or denied; and
        5. the number of orders granted, modified, or denied for the production of library circulation records, library patron lists, book sales records, or book customer lists; firearms sales records; tax return records; educational records; or medical records containing information that would identify a person.

        The following reports are publicly available :

        • The Attorney General’s Annual Report on Access to Certain Business Records for Foreign Intelligence Purposes Under the Foreign Intelligence Surveillance Act (Apr. 2012). [ODNI] [Local]
        • The Attorney General’s Annual Report on Access to Certain Business Records for Foreign Intelligence Purposes Under the Foreign Intelligence Surveillance Act (Apr. 2011). [ODNI] [Local]
        • The Attorney General’s Annual Report on Access to Certain Business Records for Foreign Intelligence Purposes Under the Foreign Intelligence Surveillance Act (Apr. 2010). [ODNI] [Local]
        • The Attorney General’s Annual Report on Access to Certain Business Records for Foreign Intelligence Purposes Under the Foreign Intelligence Surveillance Act (2009). [ODNI] [Local]
        • The Attorney General’s Annual Report on Access to Certain Business Records for Foreign Intelligence Purposes Under the Foreign Intelligence Surveillance Act (Apr. 30, 2008). [ODNI] [Local]
        • The Attorney General’s Annual Report on Access to Certain Business Records for Foreign Intelligence Purposes Under the Foreign Intelligence Surveillance Act (Apr. 27, 2007). [ODNI] [Local]
        • The Attorney General’s Annual Report on Access to Certain Business Records for Foreign Intelligence Purposes Under the Foreign Intelligence Surveillance Act (Apr. 28, 2006). [ODNI] [Local]
      6. 50 U.S.C. § 1862(c) requires that the Attorney General annually submit an unclassified report to Congress concerning:

        1. the total number of applications made for orders approving requests for the production of tangible thing and the number granted, modified, or denied;
        2. the total number of applications made for orders approving requests for the production of tangible things in which the specific selection term does not specifically identify an individual, account, or personal device and the number granted, modified, or denied; and
        3. whether FISC has directed additional, particularized minimization procedures for the above orders beyond those adopted pursuant to §1861(g).

        These reports are included above in the annual reports provided for 50 U.S.C. § 1807.
      7. 50 U.S. C. § 1871 requires the Attorney General to provide semiannual reports to HPSCI, SSCI, and the House and Senate Judiciary Committees the aggregate number of persons targeted for orders in regard to:

        1. Electronic surveillanc
        2. Physical search
        3. PRTT
        4. Business records/tangible goods
        5. §§703, 704

        The report must also include:

        1. the number of individuals covered by an order issued in regard to targets suspected of engaging in international terrorism;
        2. the number of times the AG has authorized that FISA information or information derived from FISA may be used in a criminal proceeding;
        3. a summary of significant legal interpretations involving matters before FISC, including DOJ legal interpretations in applications or pleadings; and
        4. copies of all decisions, orders, or opinions of FISC/FISCR including significant construction or interpretations of FISA.

        The following reports are publicly available :

        • Semiannual Report of the Attorney General Under the Foreign Intelligence Surveillance Act of 1978, as Amended by Section 6002 of the Intelligence Reform and Terrorism Prevention Act of 2004 (collection of semiannual reports covering January 1, 2005 through June 30, 2013). [Brennan Center] [Local]
      8. 50 U.S.C. § 1881f requires semiannual reporting by the Attorney General to HPSCI, SSCI, and the House and Senate Judiciary Committees on the implementation of § 702, including incidents of non-compliance.

        The following reports are publicly available :

        • 20th Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (Nov. 2020) (reporting period: Dec. 1, 2017 to May 31, 2018). [ODNI] [Local]
        • 19th Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (Dec. 2019) (reporting period: June 1, 2017 to Nov. 30, 2017). [ODNI] [Local]
        • 18th Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (Oct. 2018) (reporting period: Dec. 1, 2016 to May 31, 2017). [ODNI] [Local]
        • 17th Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (Dec. 2017) (reporting period: June 1, 2016 – Nov. 30, 2016) [ODNI] [Local]
        • 16th Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (Aug. 2017) (reporting period: Dec. 1, 2015 – May 31, 2016). [ODNI] [Local]
        • 15th Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (Nov. 2016) (reporting period: June 1, 2015 to Nov. 30, 2015). [ODNI] [Local]
        • 14th Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (Feb. 2016) (reporting period: Dec. 1, 2014 to May 31, 2015). [ODNI] [Local]
        • 13th Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (Sept. 2015) (reporting period: June 1, 2014 to Nov. 30, 2014). [ODNI] [Local]
        • 12th Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (June 2015) (reporting period: Dec. 1, 2013 to May 31, 2014). [ODNI] [Local]
        • 11th Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (Oct. 2014) (reporting period: June 1, 2013 to Nov. 30, 2013). [ODNI – Using Internet Archive] [Local]
        • 10th Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (Mar. 2014) (reporting period: Dec. 1, 2012 to May 31, 2013). [ODNI] [Local]
        • 9th Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (Aug. 2013) (reporting period: June 1, 2012 to Nov. 30, 2012). [ODNI] [Local]
        • 3rd Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (May 2010) (reporting period: June 1, 2009 to Nov. 30, 2009). [ODNI] [FAS] [Local]
        • 2nd Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (Dec. 2009) (reporting period: December 1, 2008 to May 31, 2009). [ODNI] [FAS] [Local]
        • 1st Semiannual Assessment of Compliance With Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence (Mar. 2009) (reporting period: Sept. 4, 2008 to Nov. 30, 2008). [ODNI] [FAS] [Local]
    2. Individual Reports

      FISA Amendments Reauthorization Act of 2017, Pub. L. No. 115-118, 132 Stat. 3 (2018), § 203 requires AG and DNI to submit a report to Congress within 270 days on current/future challenges to effectiveness of FISA/recommended challenges in light of new/emerging technologies.
  5. U.S. Department of Justice, Office of Inspector General

    FISA Amendments Reauthorization Act of 2017, Pub. L. No. 115-118, 132 Stat. 3 (2018), § 112 requires DOJ OIG to prepare and submit a report to Congress on querying procedures adopted in statute. The report must include assessments of FBI’s treatment of individuals of unknown citizenship, record-keeping practices, procedures to ensure compliance and compliance reviews, and impediments to accurate reporting of queries.

    USA FREEDOM Act required DOJ OIG to issue a report by June 2, 2016, on the FBI’s use of 215 2012-2014, any illegal or improper use of the provision, and the adequacy of the minimization procedures. The OIG reviewed the SMPs, court orders, and files supporting the orders:

    • A Review of the FBI's Use of Section 215 Orders for Business Records in 2012 through 2014 (Sept. 2016). [FAS] [DOJ] [Local]

    The USA PATRIOT Improvement and Reauthorization Act of 2005, Pub. L. 109-177, §106A directed the DOJ IG to conduct “a comprehensive audit of the effectiveness and use, including improper or illegal use” of the FBI’s use of § 215 for two time periods: CY 2002-04 and CY 2005-06. The first report was due March 9, 2007; the second was due Dec. 31, 2007. The IG subsequently issued three reports, repeatedly raising concern that DOJ had not adopted minimization procedures, as required by the Reauthorization Act, until 2013:

    • A Review of the FBI’s Use of Section 215 Orders: Assessment of Progress in Implementing Recommendations and Examination of Use in 2007 through 2009 (May 2015). [FAS] [Local]
    • A Review of the FBI’s Use of Section 215 Orders for Business Records in 2006 (March 2008, released Feb. 2016). [FAS] [Local]
    • A Review of the FBI's Use of Section 215 Orders for Business Records (March 2007, released Dec. 2014). [FAS] [Local]

  6. National Security Agency/Central Security Service Office of the Inspector General

    • 5 U.S.C. App. 5(a) requires inspectors general to submit semiannual reports to Congress not later than April 30 and October 31 summarizing the activities of the Office, including, inter alia, a description of significant problems, abuses, deficiencies, and recommendations; a list of each report and a summary of the particularly significant ones. The 2014 Intelligence Authorization Act elevated the NSA Inspector General to a statutory position, with the first IG appointed and Senate-confirmed in January 2018.
      • Semi-Annual Report to Congress, Apr. 1, 2020-Sept. 30, 2020 (Feb. 10, 2021). [NSA OIG] [Local]
      • Semi-Annual Report to Congress, Oct. 1, 2019-Mar. 31, 2020 (Sept. 2, 2020). [NSA OIG] [Local]
      • Semi-Annual Report to Congress, Apr. 1, 2019-Sept. 30, 2019 (Jan. 23, 2020). [NSA OIG] [Local]
      • Semi-Annual Report to Congress, Oct. 1, 2018-Mar. 31, 2019 (July 8, 2019). [NSA OIG] [Local]
      • Semi-Annual Report to Congress, Apr. 1, 2018-Sept. 30, 2018 (Jan. 15, 2019). [NSA OIG] [Local]
      • Semi-Annual Report to Congress, Oct. 1, 2017-Mar. 31, 2018 (July 25, 2018). [NSA OIG] [Local]

B. SPECIAL REPORTS

  1. National Security Agency

    • OIG, NSA/CSS, Special Study of the NSA Controls to Comply with Signals Intelligence Retention Requirements (Dec. 12, 2019). [NSA OIG] [Local]
    • Special Study of the National Security Agency/Central Security Service Implementation of a USG Organization’s Counterterrorism Foreign Intelligence Surveillance Act Authority (2017-2018) [finding noncompliance issues in regard to SMPs and making recommendations to NSA].
    • Civil Liberties & Privacy Office, NSA, Review of U.S. Person Privacy Protections in the Production and Dissemination of Serialized Intelligence Reports Derived from Signals Intelligence Acquired Pursuant to Title I and Section 702 of the Foreign Intelligence Surveillance Act (Oct. 11, 2017). [NSA] [Local]
    • Implementation of § 215 of the USA PATRIOT Act and § 702 of the FISA Amendments Act of 2008, ST-14-0002 (Feb. 20, 2015, released Feb. 17, 2016) (compiled by NSA OIG at the request of the Senate Judiciary Committee; provides detailed, comprehensive view of operation of §§ 215 and 702, including compliance concerns.) [NSA] [Local]
    • Civil Liberties & Privacy Office, NSA, Transparency Report: THE US FREEDOM Act Business Records FISA Implementation (Jan. 15, 2016). [NSA] [Local]
    • Report on the Special Study of NSA Controls to Comply with the FISA Amendments Act §§704 and 705(b) Targeting and Minimization Procedures, ST-15-0002 (Jan. 7, 2016). [NSA] [Local]
    • Civil Liberties & Privacy Office, NSA, NSA’s Civil Liberties and Privacy Protection for Targeted SIGINT Activities Under Executive Order 12333 (Oct. 7, 2014). [NSA] [Local]
    • Civil Liberties & Privacy Office, NSA, NSA’s Implementation of Foreign Intelligence Surveillance Act Section 702 (Apr. 16, 2014). [NSA] [Local]
    • Report on the Special Study: Assessment of Management Controls Over FAA § 702, ST-11-0009 (Mar. 29, 2013, released Feb. 17, 2016) (reviews NSA training, access, review, and oversight of § 702 collection.) [NSA] [Local]
    • Final Report of the Audit on the FISA Amendments Act § 702 Detasking Requirements, AU-10-0023 (Nov. 24, 2010, released Feb. 17, 2016) (reviews process via which NSA transitioned from 702 to other FISA authorities; identifies lack of standardized process.) [NSA] [Local]
    • Report on the Assessment of Management Controls to Implement the Protect America Act (PAA) of 2007, ST-08-0001 (Apr. 7, 2008). [ACLU] [Local]
    • Office of the Inspector Gen., NSA/CSS, Report on the Special Study of NSA’s Purge of Pen Register and Trap and Trace Bulk Metadata (redacted date, released Nov. 10, 2015). [ACLU] [Local]
    • Office of the Inspector Gen., Nat’l Sec. Agency, ST-06-0018, Assessment of Management Controls for Implementing the Foreign Intelligence Surveillance Court Order: Telephony Business Records (undated) (see page 94 of 1846 and 1862 Production). [ODNI] [Local]
  2. U.S. House of Representatives

    USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005.

  3. U.S. House Permanent Select Committee on Intelligence

    • HPSCI, Report on Russian Active Measures (Mar. 22, 2018). [HSPCI] [Local]
  4. U.S. Senate Select Committee on Intelligence

    • Russian Active Measures Campaigns and Interference in the 2016 U.S. Election, Volume 1: Russian Efforts Against Election Infrastructure with Additional Views, S. Rep. No. 116-xx (2019). [SSCI] [Local]
    • Russian Active Measures Campaigns and Interference in the 2016 U.S. Election, Volume 2: Russia’s Use of Social Media with Additional Views, S. Rep. No. 116-xx (2019). [SSCI] [Local]
    • Russian Active Measures Campaigns and Interference in the 2016 U.S. Election, Volume 3: U.S. Government Response to Russian Activities, S. Rep. No. 116-xx (2020). [SSCI] [Local]
    • Russian Active Measures Campaigns and Interference in the 2016 U.S. Election, Volume 4: Review of the Intelligence Community Assessment, S Rep. No. 116-xx (2020). [SSCI] [Local]
      • Volume 4 Excerpts (Additional Declassifications) (released July 29, 2020). [SSCI] [Local]
    • Russian Active Measures Campaigns and Interference in the 2016 U.S. Election, Volume 5: Counterintelligence Threats and Vulnerabilities, S Rep. No. 116-xx (2020). [SSCI] [Local]
  5. U.S. Department of Justice

    • Memorandum from William P. Barr, Att’y Gen., DOJ, to the Deputy Att’y Gen. et al., Augmenting the Internal Compliance Functions of the Federal Bureau of Investigation (Aug. 31, 2020). [DOJ] [Local]
    • Memorandum from William P. Barr, Att’y Gen., DOJ, to the Deputy Att’y Gen. et al., Supplemental Reforms to Enhance Compliance, Oversight, and Accountability with Respect to Certain Foreign Intelligence Activities of the Federal Bureau of Investigation (Aug. 31, 2020). [DOJ] [Local]
    • U.S. Dep’t of Justice, Report on the National Security Agency’s Bulk Collection Programs for USA PATRIOT Act Reauthorization (2011). [FAS] [Local]
  6. U.S. Department of Justice, Office of Inspector General

    1. FISA

      • Management Advisory Memorandum from Michael E. Horowitz, Inspector Gen., to Christopher Wray, Director, FBI, regarding the Audit of the Federal Bureau of Investigation's Execution of its Woods Procedures for Application Filed with the Foreign Intelligence Surveillance Court Relating to U.S. Persons (Mar. 30, 2020). [FAS] [Local]
      • Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation (“Horowitz Report”) (rev. Dec. 20, 2019). [FAS] [Local]
        • Additional declassification of three footnotes of the report (released Apr. 2, 2020). [Senate] [Local]
        • Additional declassification of thirty-six footnotes of the report (released Apr. 15, 2020). [Senate] [Local]
      • A Review of the Federal Bureau of Investigation’s Activities Under Section 702 of the Foreign Intelligence Surveillance Act Amendments Act of 2008 (Sept. 2012, as released in redacted form in Jan. 2016). [FAS] [Local]
      • A Review of the FBI's Use of Pen Register and Trap and Trace Devices Under the Foreign Intelligence Surveillance Act in 2007 through 2009: Executive Summary (June 2015). [FAS] [Local]
      • A Review of the FBI's Use of Section 215 Orders: Assessment of Progress in Implementing Recommendations and Examination of Use in 2007 through 2009 (May 2015). [FAS] [Local]
      • A Review of the FBI's Use of Section 215 Orders for Business Records in 2006 (Mar. 2008, as released in redacted form in Feb. 2016). [FAS] [Local]
      • A Review of the Federal Bureau of Investigation's Use of Section 215 Orders for Business Records (Mar. 2007, as released in redacted form in Dec. 2014). [FAS] [Local]
      • A Review of the FBI’s Handling of Intelligence Information Related to the September 11 Attacks (Nov. 2004, as released in redacted form in June 2005). [OIG] [Local]
    2. NSLs

      • Office of the Inspector Gen., DOJ, A Review of the Federal Bureau of Investigation’s Use of National Security Letters: Assessment of Progress in Implementing Recommendations and Examination of Use in 2007 through 2009 (Aug. 2014). [OIG] [ Local ]
      • Office of the Inspector Gen., DOJ, A Review of the Federal Bureau of Investigation’s Use of Exigent Letters and Other Informal Requests for Telephone Records (Jan. 2010) (focused on exigent letters, off-grid; serious issues). [OIG] [ Local ]
      • Office of the Inspector Gen., DOJ, A Review of the Federal Bureau of Investigation’s Use of National Security Letters: Assessment of Corrective Actions and Examination of NSL usage in 2006 (Mar. 2008) (2nd report — only 2006, still significant issues). [OIG] [ Local ]
      • Office of the Inspector Gen., DOJ, A Review of the Federal Bureau of Investigation’s Use of National Security Letters (Mar. 2007) (1st report — illegal NSLs, exigent letters, off-grid). [OIG] [ Local ]
      • Office of the Inspector Gen., DOJ, A Review of the Federal Bureau of Investigation’s Use of National Security Letters (Mar. 2007) (Feb. 2016 re-release of 1st OIG report with some previously redacted information now unredacted). [OIG] [Local]
  7. Office of the Director of National Intelligence

    • ODNI, Assessment of Oversight and Compliance with Targeting Procedures (2016). [ODNI] [Local]
  8. Federal Bureau of Investigation

    • Protections for United States Person Information Acquired Pursuant to Title I and Section 702 of the Foreign Intelligence Surveillance Act (Nov. 2017). [DNI] [Local]
  9. Privacy and Civil Liberties Oversight Board (PCLOB)

    PCLOB is an independent agency that is responsible for analyzing and reviewing executive branch actions to protect against terrorism, with a particular eye towards the protection of privacy and civil liberties. 42 U.S.C. § 2000ee(a), (c). It has a full-time chair and four members, each of whom serve for six years. 42 U.S.C. § 2000ee(h)(1), (h)(4).

    • Chairman’s White Paper: Oversight of the Foreign Intelligence Surveillance Act (June 2021). [PCLOB] [Local]
    • Report on Executive Order 12333 (Apr. 2, 2021). [PCLOB] [Local]
    • Report on the Government’s Use of the Call Detail Records Program Under the USA Freedom Act (Feb. 2020). [PCLOB] [Local]
    • Report to the President on the Implementation of Presidential Policy Directive 28: Signals Intelligence Activities (FOIA reply dated Oct. 16, 2018). [PCLOB] [Local] Note: NSA, CIA, and FBI consider PPD-28 to apply to FISA § 702 communications
    • Update on Government’s Implementation of the PCLOB Recommendations on Section 215 and Section 702 (Feb. 5, 2016). [PCLOB] [Local]
    • Report on the Surveillance Program Operated Pursuant to Section 702 of the Foreign Intelligence Surveillance Act (July 2, 2014). [PCLOB] [Local]
    • Report on the Telephone Records Program Conducted Under Section 215 of the USA PATRIOT Act and on the Operations of the Foreign Intelligence Surveillance Court (Jan. 23, 2014). [PCLOB] [Local]
  10. Central Intelligence Agency

    • Office of Privacy & Civil Liberties, CIA, Review of Procedures and Practices of CIA to Disseminate United States Person Information Acquired Pursuant to Titles I and III and Section 702 of the Foreign Intelligence Surveillance Act (FISA) (Aug. 2017). [CIA] [Local]
  11. President’s Review Group

    • President's Review Grp. on Intelligence and Commc’ns Techs., Liberty and Security in a Changing World: Report and Recommendations of The President’s Review Group on Intelligence and Communications Technologies (Dec. 12, 2013). [Obama White House Archives] [Local]
  12. Open Technology Institute

    • Open Tech. Inst., Section 702 Compliance Violation Chart (2017). [OTI]
  13. Intelligence Community Assessment

    • Nat'l Intel. Council, Intel. Cmty. Assessment 2020-00078D, Foreign Threats to the 2020 US Federal Elections (2020) [ODNI] [Local]
    • Nat'l Intel. Council, Intel. Cmty. Assessment 2017-01D, Assessing Russian Activities and Intentions in Recent US Elections (2017) [SSCI] [Local]
    • Intel. Cmty. Assessement, Assessing Russian Activities and Intentions in Recent US Elections, Annex A (Dec. 30, 2016) [Senate] [Local]

C. FISC CORRESPONDENCE TO CONGRESS

  • Letter from James E. Boasberg, Presiding Judge, Foreign Intelligence Surveillance Court, to Jim Jordan, Ranking Member, House Comm. on Oversight & Reform (Jan. 29, 2020). [FISC] [Local]
  • Letter from Rosemary M. Collyer, Presiding Judge, Foreign Intelligence Surveillance Court, to Bob Goodlatte, Chairman, House Comm. on the Judiciary (Feb. 15, 2018). [FISC] [Local]
  • Letter from Rosemary M. Collyer, Presiding Judge, Foreign Intelligence Surveillance Court, to Devin Nunes, Chairman, House Permanent Select Comm. on Intelligence (Feb. 15, 2018). [FISC] [Local]
  • Letter from Rosemary M. Collyer, Presiding Judge, Foreign Intelligence Surveillance Court, to Ron Wyden, U.S. Senator (Aug. 23, 2017). [FISC] [Local]
  • Letter from Reggie B. Walton, Presiding Judge, Foreign Intelligence Surveillance Court, to Charles E. Grassley, Ranking Member, Senate Comm. on the Judiciary (Oct. 11, 2013). [FISC] [Local]
  • Letter from Reggie B. Walton, Presiding Judge, Foreign Intelligence Surveillance Court, to Patrick J. Leahy, Chairman, Senate Comm. on the Judiciary (Oct. 11, 2013). [FISC] [Local]
  • Letter from Reggie B. Walton, Presiding Judge, Foreign Intelligence Surveillance Court, to Charles E. Grassley, Ranking Member, Senate Comm. on the Judiciary (July 29, 2013). [FISC] [Local]
  • Letter from Reggie B. Walton, Presiding Judge, Foreign Intelligence Surveillance Court, to Patrick J. Leahy, Chairman, Senate Comm. on the Judiciary (July 29, 2013). [FISC] [Local]
  • Letter from Colleen Kollar-Kotelly, Presiding Judge, Foreign Intelligence Surveillance Court, to Patrick J. Leahy, Chairman, Senate Comm. on the Judiciary, and Arlen Specter and Charles E. Grassley, Members, Senate Comm. on the Judiciary (Aug. 20, 2002), reprinted in The USA PATRIOT Act in Practice: Shedding Light on the FISA Process: Hearing Before the S. Comm. on the Judiciary, 107th Cong. 142 (2002). [Local]

D. MISCELLANEOUS DOCUMENTS

  1. Documents Related to the Crossfire Hurricane Operation (presented in order of DOJ production and release by Congress)

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