Statutory and Regulatory Authorities

U.S. foreign intelligence collection is governed by the 1978 Foreign Intelligence Surveillance Act (FISA) (as amended) and Executive Order 12,333. Further powers are conveyed in relation to National Security Letters (NSLs) (administrative subpoenas derived from five statutory provisions) and ordinary criminal law. For judicial opinions and orders, statutorily-required reports, and formal correspondence related to FISA, see the About the Collection page.

A. Foreign Intelligence Surveillance Act (FISA)

  1. Statutory Authorities Establishing and Amending FISA
    1. Foreign Intelligence Surveillance Act of 1978, Pub. L. No. 95-511, 92 Stat. 1783. [Westlaw] [Lexis] [Hein]
    2. Intelligence Authorization Act for Fiscal Year 1995, Pub L. No. 103-359, § 807(a)(3), 108 Stat. 3423, 3445 (1994) (codified as amended at 50 U.S.C. § 1822(c)). [Westlaw] [Lexis] [Hein]
    3. Intelligence Authorization Act for Fiscal Year 1999, Pub. L. No. 105-272, §§ 601-02, 112 Stat. 2396, 2404–2412 (1998) (codified as amended at 50 U.S.C. §§ 1841–1846, 1861-63). [Westlaw] [Lexis] [Hein]
    4. USA PATRIOT ACT of 2001, Pub. L. No. 107-56, §§ 206-08, 214-15, 218, 504-05, 1003, 115 Stat. 272, 282-83, 286-88, 291, 364-66, 392. [Westlaw] [Lexis] [Hein]
    5. Intelligence Authorization Act for FY 2002, Pub. L. No. 107-108, § 314, 115 Stat. 1394, 1402 (2001). [Westlaw] [Lexis] [Hein]
    6. Homeland Security Act of 2002, Pub. L. No. 107-296, §§ 898-99, 116 Stat. 2135, 2258 (codified as amended at 50 U.S.C. §§ 1806(k), 1825(k)). [Westlaw] [Lexis] [Hein]
    7. Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. No. 108-458, 118 Stat. 3638. [Westlaw] [Lexis] [Hein]
    8. USA PATRIOT Improvement and Reauthorization Act of 2005, Pub. L. No. 109-177, 120 Stat. 192 (2006). [Westlaw] [Lexis] [Hein]
    9. USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006, Pub. L. No. 109-178, 120 Stat. 278. [Westlaw] [Lexis] [Hein]
    10. Protect America Act of 2007, Pub. L. No. 110-55, 121 Stat. 552. [Westlaw] [Lexis] [Hein]
    11. FISA Amendments Act of 2008, Pub. L. No. 110-261, 122 Stat. 2436. [Westlaw] [Lexis] [Hein]
    12. Department of Defense Appropriations Act, 2010, Pub. L. No. 111-118, § 1004, 123 Stat. 3409, 3470 (2009). [Westlaw] [Lexis] [Hein]
    13. Act of Feb. 27, 2010, Pub. L. No. 111-141, 124 Stat. 37. [Westlaw] [Lexis] [Hein]
    14. FISA Sunsets Extension Act of 2011, Pub. L. No. 112-3, 125 Stat. 5. [Westlaw] [Lexis] [Hein]
    15. PATRIOT Sunsets Extension Act of 2011, Pub. L. No. 112-14, 125 Stat. 216. [Westlaw] [Lexis] [Hein]
    16. Intelligence Authorization Act for FY 2015, Pub. L. No. 113-293, 128 Stat. 3990 (2014). [Westlaw] [Lexis] [Hein]
    17. USA FREEDOM Act of 2015, Pub. L. No. 114-23, 129 Stat. 268. [Westlaw] [Lexis] [Hein]
    18. FISA Amendments Reauthorization Act of 2017, Pub. L. No. 115-118, 132 Stat. 3 (2018). [Westlaw] [Lexis] [Hein]
    19. Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019, Pub. L. No. 116-69, § 1703, 133 Stat. 1134, 1143 (2019). [Westlaw] [Lexis] [Hein]
  2. Codified Provisions (as amended) [complete, updated version (current through Pub. L. No. 115-118 (Jan. 19, 2018))]
    1. Title I—Electronic Surveillance: 50 U.S.C. §§ 1801-1813 (FISC, penalties, exclusivity, electronic surveillance). [Westlaw] [Lexis]
    2. Title II—Conforming Amendments: 18 U.S.C. § 2511(2)(a)(ii) (authorizing individuals to provide information, facilities, or technical assistance); also amending §§ 2518-19. [Westlaw] [Lexis]
    3. Title III—Physical Search: 50 U.S.C. §§ 1821-1829 [Westlaw] [Lexis]
    4. Title IV—Pen Registers and Trap and Trace Devices: 50 U.S.C. §§ 1841-1846 [Westlaw] [Lexis]
    5. Title V—Business Records: 50 U.S.C. §§ 1861-1863. [Westlaw] [Lexis]
    6. Title VI—Oversight: 50 U.S.C. §§ 1871-1874 (semiannual AG report; declassification of significant decisions, orders, opinions; annual reports; public reporting by individuals subject to orders). [Westlaw] [Lexis]
    7. Title VII—Persons outside the US: 50 U.S.C. §§ 1881-1881g. [Westlaw] [Lexis]
    8. Title VIII—Protection of Persons Assisting the Government: 50 U.S.C. §§ 1885-1885c [Westlaw] [Lexis]
  3. Certification: The following officials have been designated to make the certifications required under 50 U.S.C. §1804(a)(6) for electronic surveillance: Secretary of State, Secretary of Defense, Director of National Intelligence, Director of the FBI, Deputy Secretary of State, Deputy Secretary of Defense, Director of the CIA, Principal Deputy Director of National Intelligence, and Deputy Director of the FBI. Exec. Order No. 12,139 § 1-103, 44 Fed. Reg. 30,311, 30,311 (May 25, 1979), reprinted as amended in 50 U.S.C. § 1802 note (2018). [Westlaw] [Lexis] [ODNI] With the exception of the Deputy Director of the FBI, to perform this function, the officials have to have been appointed with the advice and consent of the Senate.
  4. Publicly available Targeting and Minimization Procedures
    Minimization procedures are required for tangible goods [50 U.S.C. 1861(g)] [Westlaw] [Lexis]
    1. Federal Bureau of Investigation
      1. Standard Minimization Procedures (SMPs) for electronic surveillance and physical search
        • Federal Bureau of Investigation Standard Minimization Procedures for Tangible Things Obtained Pursuant to Title V of the Foreign Intelligence Surveillance Act, Exhibit B, In re FBI Standard Minimization Procedures for Tangible Things Obtained Pursuant to Title V of the Foreign Intelligence Surveillance Act, No. [REDACTED] (FISA Ct. Mar. 7, 2013). [ACLU] [ Local ]
        • Standard Minimization Procedures for FBI Electronic Surveillance and Physical Search Conducted Under the Foreign Intelligence Surveillance Act, Nov. 1, 2008 (SMPs dated Oct. 22, 2008). [ACLU] [ Local ]
        • Submission of Amendment to Standard Minimization Procedures, In re Amendment to the Federal Bureau of Investigation's Standard Minimization Procedures for Elec. Surveillance and Physical Search, No. [REDACTED] (FISA Ct. Sept. 29, 2006). [ODNI] [ Local ]
        • Standard Minimization Procedures, In re Application of the U.S. for an Order Authorizing Elec. Surveillance of a non-U.S. Person Agent of a Foreign Power, No. [REDACTED] (FISA Ct. Sept. 17, 1997). [ODNI] [ Local ]
        • Standard Minimization Procedures, In re Application of the U.S. for an Order Authorizing Elec. Surveillance of a U.S. Person Agent of a Foreign Power, No. [REDACTED] (FISA Ct. Sept. 17, 1997). [ODNI – Note: although posted by ODNI, link currently broken]
        • Standard Physical Search Minimization Procedures, In re Application of the U.S. for an Order Authorizing Physical Search of a U.S. Person Agent of a Foreign Power, No. [REDACTED] (FISA Ct. Jan. 20, 1995). [ODNI] [ Local ]
        • Standard Physical Search Minimization Procedures, In re Application of the U.S. for an Order Authorizing Physical Search of a non-U.S. Person Agent of a Foreign Power, No. [REDACTED] (FISA Ct. Jan. 20, 1995). [ODNI] [ Local ]
      2. § 702 Minimization Procedures
        • § 702 Minimization Procedures (2023) – Lisa Monaco, Exhibit D: Minimization Procedures Used by the Federal Bureau of Investigation in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 13, 2023). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2020)—William P. Barr, Exhibit D: Minimization Procedures Used by the Federal Bureau of Investigation in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Oct. 19, 2020). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2019)—William P. Barr, Exhibit D: Minimization Procedures Used by the Federal Bureau of Investigation in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 17, 2019). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2018b)—Jeff Sessions, Exhibit D: Minimization Procedures Used by the Federal Bureau of Investigation in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 18, 2018). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2018a)—Jeff Sessions, Exhibit D: Minimization Procedures Used by the Federal Bureau of Investigation in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 27, 2018). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2016)—Loretta E. Lynch, Exhibit D: Minimization Procedures Used by the Federal Bureau of Investigation in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (Sept. 21, 2016). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2014)—Eric Holder, Certification Exhibit D, Minimization Procedures Used by the Federal Bureau of Investigation in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. July 28, 2014). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2015)—Loretta E. Lynch, Certification Exhibit D: Minimization Procedures Used by the Federal Bureau of Investigation in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. July 15, 2015). [ACLU] [ Local ]
        • § 702 Minimization Procedures (2014)—Eric Holder, Certification Exhibit C, Procedures Used by the Federal Bureau of Investigation for Targeting Non-United States Persons Reasonably Believed to Be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. July 28, 2014) (completely redacted). [ODNI] [ Local ] [Note: document completely redacted]
      3. § 702 Targeting Procedures
        • § 702 Non-USP Targeting Procedures (2023) - Matthew G. Olsen, Exhibit C: Procedures Used by the Federal Bureau of Investigation for Targeting Non-United States Persons Reasonably Believed to Be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar, 13, 2023). [ODNI] [ Local ]
        • § 702 Non-USP Targeting Procedures (2020)—William P. Barr, Exhibit C: Procedures Used by the Federal Bureau of Investigations for Targeting Non-United States Persons Reasonably Believed to Be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Oct. 19, 2020). [ODNI] [ Local ]
        • § 702 Non-USP Targeting Procedures (2019)—William P. Barr, Exhibit C: Procedures Used by the Federal Bureau of Investigations for Targeting Non-United States Persons Reasonably Believed to Be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 17, 2019). [ODNI] [ Local ]
        • § 702 Non-USP Targeting Procedures (2018)—Jeff Sessions, Exhibit C: Procedures Used by the Federal Bureau of Investigation for Targeting Non-United States Persons Reasonably Believed to Be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 27, 2018). [ODNI] [ Local ] [Note: document completely redacted]
        • § 702 Non-USP Targeting Procedures (2016)—Loretta E. Lynch, Exhibit C: Procedures Used by the Federal Bureau of Investigation for Targeting Non-United States Persons Reasonably Believed to be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (Sept. 21, 2016). [ODNI] [ Local ]
        • § 702 Non-USP Targeting Procedures (2015)—Loretta E. Lynch, Certification Exhibit C: Procedures Used by the Federal Bureau of Investigation for Targeting Non-United States Persons Reasonably Believed to Be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. July 15, 2015). [ACLU] [ Local ]
      4. § 702 Querying Procedures
        • § 702 Querying Procedures (2023) – Lisa Monaco, Exhibit I: Querying Procedures Used by the Federal Bureau of Investigation in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 13, 2023). [ODNI] [ Local ]
        • § 702 Querying Procedures (2020)—William P. Barr, Exhibit I: Querying Procedures Used by the Federal Bureau of Investigation in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Oct. 19, 2020). [ODNI] [ Local ]
        • § 702 Querying Procedures (2019b)—William P. Barr, Exhibit I: Querying Procedures Used by the Federal Bureau of Investigation in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 17, 2019). [ODNI] [ Local ]
        • § 702 Querying Procedures (2019a)—William P. Barr, Exhibit I: Querying Procedures Used by the Federal Bureau of Investigation in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Aug. 12, 2019). [ODNI] [ Local ]
        • § 702 Querying Procedures (2018)—Jeff Sessions, Exhibit I: Querying Procedures Used by the Federal Bureau of Investigation in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 18, 2018). [ODNI] [ Local ]
    2. National Security Agency (NSA)
      1. Standard Minimization Procedures (SMPs) for electronic surveillance and physical search
        • Standard Minimization Procedures for Electronic Surveillance Conducted by the National Security Agency (NSA), [REDACTED], No. [REDACTED] (FISA Ct. Dec. 13, 2006) (NSA SMPs dated July 1, 1997). [ODNI] [ Local ]
        • Standard Minimization Procedures for Electronic Surveillance Conducted by the National Security Agency (NSA), Exhibit B: In re Elec. Surveillance & Physical Search of Int’l Terrorist Grps., Their Agents, and Related Targets, No. Multiple [REDACTED] (FISA Ct. May 10, 2002) (NSA SMPs dated July 1, 1997). [ODNI] [ Local ] [Note: same as document above]
      2. § 215 Minimization Procedures
        • § 215 Minimization Procedures (2015)—Loretta E. Lynch, Minimization Procedures Used by the National Security Agency in Connection with the Production of Call Detail Records Pursuant to Section 501 of the Foreign Intelligence Surveillance Act, as Amended, [REDACTED], No. REDACTED (Nov. 24, 2015). [NSA] [ Local ]
      3. § 702 Minimization Procedures
        • § 702 Amended Minimization Procedures (2023) – Matthew G. Olsen, Exhibit B: Minimization Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 13, 2023). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2023) – Matthew G. Olsen, Exhibit B: Minimization Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 13, 2023). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2020)—William P. Barr, Exhibit B: Minimization Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Oct. 19, 2020). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2019)—William P. Barr, Exhibit B: Minimization Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 17, 2019). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2018b)—Jeff Sessions, Exhibit B: Minimization Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 18, 2018). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2018a)—Jeff Sessions, Exhibit B: Minimization Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 27, 2018). [ODNI] [ Local ] [FBI and NSA minimization procedures amended following Mar. 2018 certification]
        • § 702 Minimization Procedures (2017)—Jeff Sessions, Exhibit B: Minimization Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (Mar. 30, 2017). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2016)—Loretta Lynch, Certification Exhibit B: Minimization Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 26, 2016). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2015)—Loretta Lynch, Certification Exhibit B: Minimization Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. July 15, 2015). [ACLU] [ Local ]
        • § 702 Minimization Procedures (2014)—Eric Holder, Certification Exhibit B, Minimization Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. July 28, 2014). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2011)—Eric H. Holder, Minimization Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (Oct. 31, 2011). [ODNI] [ Local ]
      4. § 702 Targeting Procedures
        • § 702 Non-USP Targeting Procedures (2023) - Matthew G. Olsen, Exhibit A: Procedures Used by the National Security Agency for Targeting Non-United States Persons Reasonably Believed to Be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar, 13, 2023). [ODNI]
        • § 702 Non-USP Targeting Procedures (2020)—William P. Barr, Exhibit A, Procedures Used by the National Security Agency for Targeting Non-United States Persons Reasonably Believed to Be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Oct. 19, 2020). [ODNI] [ Local ]
        • § 702 Non-USP Targeting Procedures (2019)—William P. Barr, Exhibit A, Procedures Used by the National Security Agency for Targeting Non-United States Persons Reasonably Believed to Be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 17, 2019). [ODNI] [ Local ]
        • § 702 Non-USP Targeting Procedures (2018)—Jeff Sessions, Exhibit A, Procedures Used by the National Security Agency for Targeting Non-United States Persons Reasonably Believed to Be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 23, 2018). [ODNI] [ Local ]
        • § 702 Targeting Procedures (2017)—Jeff Sessions, Exhibit A: Procedures Used by the National Security Agency for Targeting Non-United States Persons Reasonably Believed to be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (Mar. 30, 2017). [ODNI] [ Local ]
          {See also: Updated FAA 702 Targeting Review Guidance (May 15, 2017). [ODNI] [ Local ]}
        • § 702 Non-USP Targeting Procedures (2015)—Loretta Lynch, Certification Exhibit A: Procedures Used by the National Security Agency for Targeting Non-United States Persons Reasonably Believed to be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 26, 2016). [ODNI] [ Local ]
        • § 702 Non-USP Targeting Procedures (2014)—Eric Holder, Certification Exhibit A, Procedures Used by the National Security Agency for Targeting Non-United States Persons Reasonably Believed to Be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. July 28, 2014). [ODNI] [ Local ] [Note: document completely redacted]
      5. § 702 Querying Procedures
        • § 702 Querying Procedures (2023) - William P. Barr, Exhibit H: Querying Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 13, 2023). [ODNI] [ Local ]
        • § 702 Querying Procedures (2020)—William P. Barr, Exhibit H: Querying Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Oct. 19, 2020). [ODNI] [ Local]
        • § 702 Querying Procedures (2019)—William P. Barr, Exhibit H: Querying Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 17, 2019). [ODNI] [ Local]
        • § 702 Querying Procedures (2018)—Jeff Sessions, Exhibit H: Querying Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 18, 2018). [ODNI] [ Local] 

    3. Central Intelligence Agency (CIA)

      Outside of narrow circumstances, CIA does not undertake domestic electronic surveillance or physical search. Exec. Order No. 12,333 § 2.4(a), (b). Thus, the agency does not enage directly in acquisition pursuant to FISA Titles I/III, and § 702; however, it can receive, review, and disseminate certain information obtained under these provisions that has initially been collected by the NSA or FBI. The following procedures apply.

      1. Standard Minimization Procedures (SMPs) for electronic surveillance and physical search
        • CIA Minimization Procedures for Information from FISA Electronic Surveillance Conducted by NSA, In re [REDACTED], No. [REDACTED] (FISA Ct. Dec. 13, 2006). [ODNI] [ Local ]
        • CIA Minimization Procedures for Information from FISA Electronic Surveillance and Physical Search Conducted by the FBI, Exhibit A: In re Elec. Surveillance & Physical Search of Int’l Terrorist Grps., Their Agents, and Related Targets, No. Multiple [REDACTED] (FISA Ct. May 10, 2002). [ODNI] [ Local ]
      2. § 702 Minimization Procedures
        • § 702 Minimization Procedures (2023) – Lisa Monaco, Exhibit E: Minimization Procedures Used by the Central Intelligence Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 13, 2023). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2020)—William P. Barr, Exhibit E: Minimization Procedures Used by the Central Intelligence Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Oct. 19, 2020). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2019)—William P. Barr, Exhibit E: Minimization Procedures Used by the Central Intelligence Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 17, 2019). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2018b)—Jeff Sessions, Exhibit E: Minimization Procedures Used by the Central Intelligence Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 18, 2018). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2018a)—Jeff Sessions, Exhibit E: Minimization Procedures Used by the Central Intelligence Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 27, 2018). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2016)—Loretta E. Lynch, Exhibit E: Minimization Procedures used by the Central Intelligence Agency in Connection with Acquisitions of Foreign Intelligence Information pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (Sept. 26, 2016). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2014)—Eric Holder, Certification Exhibit E, Minimization Procedures Used by the Central Intelligence Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. July 28, 2014). [ODNI] [ Local ]
      3. Report on minimization procedures
        • CIA, Review of Procedures and Practices of CIA to Disseminate United States Person Information Acquired Pursuant to Title I and III and Section 702 of the Foreign Intelligence Surveillance Act (FISA) (Aug. 2017). [CIA] [ Local ]
      4. Querying Procedures
        • § 702 Querying Procedures (2023) - William P. Barr, Exhibit J: Querying Procedures Used by the Central Intelligence Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 13, 2023). [ODNI] [ Local ]
        • § 702 Querying Procedures (2020)—William P. Barr, Exhibit J: Querying Procedures Used by the Central Intelligence Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Oct. 19, 2020). [ODNI] [ Local ]
        • § 702 Querying Procedures (2019)—William P. Barr, Exhibit J: Querying Procedures Used by the Central Intelligence Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 17, 2019). [ODNI] [ Local ]
        • § 702 Querying Procedures (2018)—Jeff Sessions, Exhibit J: Querying Procedures Used by the Central Intelligence Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 18, 2018). [ODNI] [ Local ]
    4. National Counter-Terrorism Center (NCTC)
      1. Standard Minimization Procedures (SMPs) for electronic surveillance and physical search
        • Eric H. Holder, National Counterterrorism Center Standard Minimization Procedures for Information Acquired by the Federal Bureau of Investigation Pursuant to Title I, Title III, or Section 704 or 705(b) of the Foreign Intelligence Act, [REDACTED], No. [REDACTED] (FISA Ct. Apr. 20, 2012). [ODNI] [ Local ]
      2. § 702 Minimization Procedures
        • § 702 Minimization Procedures (2023) – Lisa Monaco, Exhibit G, Minimization Procedures Used by the National Counterterrorism Center in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 13, 2023). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2020)—William P. Barr, Exhibit G, Minimization Procedures Used by the National Counterterrorism Center in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Oct. 19, 2020). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2019)—William P. Barr, Exhibit G, Minimization Procedures Used by the National Counterterrorism Center in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 17, 2019). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2018b)—Jeff Sessions, Exhibit G, Minimization Procedures Used by the National Counterterrorism Center in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 18, 2018). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2018a)—Jeff Sessions, Exhibit G: Minimization Procedures Used by the National Counterterrorism Center in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 27, 2018). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2016)—Loretta E. Lynch, Exhibit G: Minimization Procedures used by the National Counterterrorism Center in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (Sept. 26, 2016). [ODNI] [ Local ]
        • § 702 Minimization Procedures (2015)—Loretta E. Lynch, Certification Exhibit G: Minimization Procedures Used by the National Counterterrorism Center in Connection with Information Acquired by the Federal Bureau of Investigation Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. July 15, 2015). [ACLU] [ Local ]
        • § 702 Minimization Procedures (2014)—Eric Holder, Certification Exhibit G, Minimization Procedures Used by the National Counterterrorism Center in Connection with Information Acquired by the Federal Bureau of Investigation Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. July 28, 2014). [ODNI] [ Local ]
      3. § 702 Targeting Procedures
        • § 702 Targeting Procedures—N/A [NCTC is not currently authorized to engage in targeting or acquisition; instead, they can receive certain intelligence information already collected by other agencies targeting non-USPs outside the U.S. pursuant to § 702. As of 2017, NCTC was not authorized to receive “upstream” collection.] See Nat’l Counterterrorism Ctr., NCTC Factsheet – Foreign Intelligence Surveillance Act Section 702. [ODNI] [ Local ]
      4. § 702 Querying Procedures
        • § 702 Querying Procedures (2023) - William P. Barr, Exhibit K: Querying Procedures Used by the National Counterterrorism Center in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 13, 2023). [ODNI] [ Local ]
        • § 702 Querying Procedures (2020)—William P. Barr, Exhibit K: Querying Procedures Used by the National Counterterrorism Center in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Oct. 19, 2020). [ODNI] [ Local ]
        • § 702 Querying Procedures (2019)—William P. Barr, Exhibit K: Querying Procedures Used by the National Counterterrorism Center in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 17, 2019). [ODNI] [ Local ]
        • § 702 Querying Procedures (2018)—Jeff Sessions, Exhibit K: Querying Procedures Used by the National Counterterrorism Center in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Sept. 18, 2018). [ODNI] [ Local ]
        • § 702 Querying Procedures (2018)—Jeff Sessions, Exhibit H: Querying Procedures Used in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act of 1978, as Amended, [REDACTED], No. [REDACTED] (FISA Ct. Mar. 23, 2018). [ODNI] [ Local ]
  5. FISA-related Executive Orders
    1. Exec. Order No. 12,139, 44 Fed. Reg. 30,311 (May 23, 1979), reprinted as amended in 50 U.S.C. § 1802 note (delineates who is allowed to make certifications under FISA in support of applications for electronic surveillance) [Westlaw] [Lexis] [ODNI]
    2. Exec. Order No. 12,949, 60 Fed. Reg. 8169, reprinted as amended in 50 U.S.C. § 1822 note (2018). [Westlaw] [Lexis]
  6. FISA-related Presidential Directives:
    1. Presidential Policy Directive/PPD-28:Signals Intelligence Activities, 2014 Daily Comp. Pres. Doc. 31 (Jan. 17, 2014). [Hein] [Govinfo] [ Local ] Note: CIA, FBI, and NSA consider PPD-28 applicable to FISA § 702 collection. It does not apply to FISA Title I. Under PPD 28 § 2, bulk collection can only be used to detect/counter six threats: (1) espionage/foreign powers; (2) terrorism; (3) WMD; (4) cybersecurity; (5) military-related; (6) transnational crime. NSA responded to PPD-28 § 4, which directs the Intelligence Community to establish policies and procedures for safeguarding personal information obtained during SIGINT activities, by issuing Supplemental Procedures to USSID SP0018. See Nat’l Sec. Agency, PPD-28 Section 4 Procedures (Jan. 12, 2015) [FAS] [ Local ] These Supplemental Procedures “extend comparable safeguards currently provided for U.S. Persons to all persons, regardless of nationality.” Id.
    2. Presidential Policy Directive/PPD-19: Protecting Whistleblowers with Access to Classified Information (Oct. 10, 2012). [Obama Whitehouse Archives] [ Local ]
  7. FISA-relevant Guidelines and Directives

    1. U.S. Department of Justice

      Current guidelines

      • U.S. Dep’t of Justice, Electronic Surveillance, in Justice Manual 9-7.000 to -7.500. [DOJ]
      • Michael B. Mukasey, Attorney General’s Guidelines for Domestic FBI Operations (Sept. 29, 2008). [ODNI] [ Local ] Note: On Sept. 29, 2008, the Attorney General issued one set of guidelines to consolidate a series of guidelines dating back to 1976. The most recent version of the 2008 document was issued Sept. 16, 2013. It includes portions of the classified provisions supplementing the 2008 guidelines, with some portions still redacted.
      • FBI, Domestic Investigations and Operations Guide (released Mar. 3, 2016; updated Sept. 28, 2016) [Part 1] [Part 2] [ Local ] Note: On Dec. 16, 2008, the FBI issued its first DIOG to implement the new Attorney General’s Guidelines for Domestic FBI Operations that had been issued earlier that year. A revised version was approved by Director Mueller Oct. 15, 2011. The most recent version is from Sept. 28, 2016.
      • Memorandum from Michael J. Woods, Office of the Gen. Counsel, Nat’l Sec. Law Unit, to All Field Offices, Foreign Intelligence Surveillance Act Procedures to Ensure Accuracy (Apr. 5, 2001) [FAS] [ Local ] Note: This memorandum is referred to as the “Woods Procedures” in reference to the author, who drafted the protocol during his tenure as head of the Office of General Counsel’s National Security Law Unit. Woods noted the increasing complexity of FISA applications, stating “It is imperative that the facts contained in FISA declarations are accurate.” Id. at 2. The memo thus sought “to ensure accuracy with regard to . . . (1) the specific facts supporting probable cause for the authority; (2) the existence and nature of any related criminal investigations or prosecutions involving the subject of the FISA; and (3) the existence and nature of any prior or ongoing asset relationship between the subject and the FBI.” Id. The procedures remain in place.

      Historical materials

      • Memorandum from Edward H. Levi, Attorney Gen., to Clarence M. Kelley, Director, FBI, Domestic Security Investigation Guidelines (Nov. 4, 1976) (“Levi Guidelines”), reprinted in FBI Statutory Charter: Hearings on the FBI Statutory Charter Before the S. Comm. On the Judiciary, Part 1, 95th Cong. 18-26 (1978). [Hein]
      • Memorandum from John Ashcroft, Attorney Gen., to the Dir. of the FBI et al., Intelligence Sharing Procedures for Foreign Intelligence and Foreign Counterintelligence Investigations Conducted by the FBI (Mar. 6, 2002). [ODNI]
      • Memorandum from John Ashcroft, Attorney Gen. to the Heads of Dep’t [of Justice] Components, Guidelines for Disclosure of Grand Jury and Electronic, Wire, and Oral Interception Information Identifying United States Persons (Sept. 23, 2002). [ODNI]
      • Memorandum from John Ashcroft, Attorney Gen., to Heads of Dep’t of Justice Components and Heads of Fed. Dep’ts & Agencies with Law Enforcement, Guidelines Regarding Disclosure to the Director of Central Intelligence and Homeland Security Officials of Foreign Intelligence Acquired in the Course of a Criminal Investigation (Sept. 23, 2002). [ODNI]
      • Memorandum from John Ashcroft, Attorney Gen., to Heads of Dep’t [of Justice] Components, Guidelines Regarding Prompt Handling of Reports of Possible Criminal Activity Involving Foreign Intelligence Sources (Sept. 23, 2002). [ODNI]
      • Office of the Dir. of Nat’l Intelligence, Guidelines to Ensure that the Information Privacy and Other Legal Rights of Americans Are Protected in the Development and Use of the Information Sharing Environment (required by the Intelligence Reform and Terrorism Prevention Act of 2004 § 1016(d)). [ODNI]
      • John Ashcroft, The Attorney General’s Guidelines for FBI National Security Investigations and Foreign Intelligence Collection (Oct. 31, 2003) (“Ashcroft Guidelines”). [DOJ] [ Local ]
      • Elect. Surveillance Unit, Dep’t of Justice, Electronic Surveillance Manual (rev. June 2005). [DOJ] [ Local ]
      • FBI, Domestic Investigations and Operations Guide (DIOG) Training Material and Related Documents (2008). [Part 1] [Part 2] [Part 3] [Part 4] [Part 5] [ Local ]
      • U.S. Dep’t of Justice, Electronic Surveillance, in Justice Manual 9-7.000 to -7.500 (updated through June 2018). [DOJ]
    2. Central Intelligence Agency (CIA)
      • CIA, Policies and Procedures for CIA Signals Intelligence Activities [CIA] [ Local ]
    3. Office of the Director of National Intelligence (DNI)
      • Office of the Dir. of Nat’l Intelligence, Intelligence Community Directive 107, Civil Liberties, Privacy, and Transparency (Feb. 28, 2018) (updating 2012 ICD 107). [ODNI] [ Local ]
      • Office of the Dir. of Nat’l Intelligence, Intelligence Community Directive 107.1: Requests for Identities of U.S. Persons in Disseminated Intelligence Reports (Jan. 11, 2018). [ODNI] [ Local ]
        • Air Force ICPG 107.1 Unmasking Guidelines (July 9, 2019). [ODNI] [ Local ]
        • Army ICPG 107.1 Unmasking Guidelines (May 15, 2019). [ODNI] [ Local ]
        • CIA ICPG 107.1 Unmasking Guidelines (2019). [ODNI] [ Local ]
        • DEA ICPG 107.1 Unmasking Guidelines (Mar. 25, 2019). [ODNI] [ Local ]
        • DHS ICPG 107.1 Unmasking Guidelines (Feb. 24, 2020). [ODNI] [ Local ]
        • DIA ICPG 107.1 Unmasking Guidelines (2019?). [ODNI] [ Local ]
        • DOE ICPG 107.1 Unmasking Guidelines (Jan. 19, 2019). [ODNI] [ Local ]
        • Marine Corps ICPG 107.1 Unmasking Guidelines (July 30, 2019). [ODNI] [ Local ]
        • Navy ICPG 107.1 Unmasking Guidelines (Sept. 9, 2019). [ODNI] [ Local ]
        • Nat'l Geospatial-Intelligence Agency ICPG 107.1 Unmasking Guidelines (June 7, 2019). [ODNI] [ Local ]
        • Nat'l Reconnaissance Office ICPG 107.1 Unmasking Guidelines (May 15, 2019). [ODNI] [ Local ]
        • NSA/CSS ICPG 107.1 Unmasking Guidelines (May 10, 2019). [ODNI] [ Local ]
        • ODNI ICPG 107.1 Unmasking Guidelines (Jan. 9, 2019). [ODNI] [ Local ]
        • State Dep't ICPG 107.1 Unmasking Guidelines (Feb. 15, 2019). [ODNI] [ Local ]
        • DOT ICPG ICPG 107.1 Unmasking Guidelines (Dec. 21, 2018). [ODNI] [ Local ]
        • Coast Guard ICPG 107.1 Unmasking Guidelines (Jan. 17, 2019). [ODNI] [ Local ]
      • Office of the Dir. of Nat’l Intelligence, Intelligence Community Directive 102, Process for Developing Interpretive Principles and Proposing Amendments to Attorney General Guidelines Governing the Collection, Retention, and Dissemination of Information regarding U.S. Persons (June 13, 2016). [ODNI] [ Local ]
      • Office of the Dir. of Nat’l Intelligence, Intelligence Community Directive 310, Coordination of Clandestine Human Source and Human-Enabled Foreign Intelligence Collection and Counterintelligence Activities Outside the United States (June 27, 2016). [ODNI] [ Local ]
      • Office of the Dir. of Nat’l Intelligence, Intelligence Community Directive 311, Coordination of Clandestine Human Source and Human-Enabled Foreign Intelligence Collection and Counterintelligence Activities Inside the United States (June 27, 2016). [ODNI] [ Local ]
      • Office of the Dir. of Nat’l Intelligence, Intelligence Community Directive 501, Discovery and Dissemination or Retrieval of Information Within the Intelligence Community (Jan. 21, 2009). [ODNI] [ Local ]
    4. Department of Defense (DoD)
      • Dep’t of Def. Directive 5240.01, DoD Intelligence Activities (Aug. 27, 2007) (canceling DoD Directive 5240.1, DoD Intelligence Activities, Apr. 25, 1988). [DoD] [ Local ]
      • Dep’t of Defense, DoD Manual 5240.01: Procedures Governing the Conduct of DoD Intelligence Activities (Aug. 8, 2016) [DoD] [ Local ] Note: Issued under DoD Directive 5240.01 and Exec. Order 12,333, the directive incorporates and cancels Directive-type Memorandum 08-011, Intelligence Oversight Policy Guidance (Mar. 26, 2008) and Procedures 1-10 of DoD 5240.1-R, Procedures Governing the Activities of DoD Intelligence Components that Affect United States Persons (Dec. 7, 1982). It also contains a Classified Annex.
      • Dep’t of Def. Directive 5240.1-R, Procedures Governing the Activities of DoD Intelligence Components that Affect United States Persons (Dec. 7, 1982). [Homeland Security Digital Library] [ Local ] Note: This directive contains a Classified Annex governing NSA’s SIGINT activities. Both the directive and the annex are implemented by USSID SP0018 (see below)
      • Dep’t of Def. Directive 5100.20, National Security Agency/Central Security Service (NSA/CSS) (Jan. 26, 2010). [DoD] [ Local ]
    5. United States Signals Intelligence Directives (USSID) Note: The U.S. Signal Intelligence Directive System was established in 1971 “to exercise operational and technical control over United States SIGINT activities.” It replaced the Statement of General Operating Policy (Mar. 5, 1962). National Security Agency, United States Signal Intelligence Directive 1 (Sept. 29, 1971).
      • United States Signals Directive SP0018, Legal Compliance and U.S Personas Minimization Procedures (Jan. 25, 2011) (superseding USSID 18, July 27, 1993). [ODNI] [ Local ]
      • Nat’l Sec. Agency, USSID SP0018: Supplemental Procedures for the Collection, Processing, Retention, and Dissemination of Signals Intelligence Information and Data Containing Personal Information of Non-United States Persons (Jan. 12, 2015). [FAS] [ Local ]

B. Executive Order 12333

  1. Executive Order No. 12,333: 46 Fed. Reg. 59,941 (Dec. 4, 1981), reprinted as amended in 50 U.S.C. § 3001 note (2018). [Westlaw] [Lexis] [Hein]
  2. Attorney-General Approved Guidelines under 12,333
    1. Central Intelligence Agency
      • CIA, Central Intelligence Agency Intelligence Activities: Procedures Approved by the Attorney General Pursuant to Executive Order 12333 (Jan. 17, 2017). [CIA] [ Local ]
      • CIA, The CIA’s Updated Executive Order 12333 Attorney General Guidelines. [CIA] [ Local ]
    2. Department of the Army
      • Department of the Army, Inspector General Activities and Procedures, Army Regulation 20-1 (March 23, 2020) [ARMY] [ Local ]
    3. Department of Defense Intelligence Components (DIA, NGA, NRO, counter/intel components of Army, Navy, Air Force, and Marine Corps)
      • Dep’t of Def., DoD Manual 5240.1, Procedures Governing the Conduct of DoD Intelligence Activities (Aug. 8, 2016). [DOD] [ Local ]
        • Classified Annex to Department of Defense [DoD 5240.01-R] Procedures Under Executive Order 12333 (May 27, 1988). Note: ODNI published the classified annex in redacted form. [ODNI – see Annex to Policy 1-23, on page 118 of the PDF] [ Local ]
        • Department of Defense Supplemental Procedures [to DoD 5240.1-R] Governing Communications Metadata Analysis (Jan. 3, 2008). [ODNI] [ Local ]
      • Dep’t of Def. Directive 5100.20, National Security Agency/Central Security Service (NSA/CSS) (Jan. 26, 2010). [DoD] [ Local ]
    4. National Security Agency-Specific
      • United States Signals Directive SP0018, Legal Compliance and U.S Personas Minimization Procedures (Jan. 25, 2011) (superseding USSID 18, July 27, 1993) (published in redacted form). [ODNI] [ Local ]
    5. Office of the Director of National Intelligence (ODNI) Note: ODNI’s Intelligence Community Directives (ICDs) apply to the entire IC. Instructions are internal policies which are not published.
      • ODNI Instruction 20.01 (Apr. 21, 2005) is a general policy adopting CIA AG-approved Guidelines.
      • Off. of the Dir. of Nat'l Intel., Intelligence Activities Procedures Approved by the Attorney General Pursuant to Executive Order 12333 (Dec. 23, 2020) (Attorney General Guidelines). [ODNI] [ Local ]
      • Off. of the Dir. of Nat'l Intel., Executive Order 12333 Intelligence Activities Procedures Approved by the Attorney General (Jan. 2021) (summary of procedures). [ODNI] [ Local ]
    6. National Counterterrorism Center (NCTC) Note: NCTC, within ODNI, maintains its own AG-approved procedures.
      • Nat’l Counterterrorism Ctr., Guidelines for Access, Retention, Use, and Dissemination by the National Counterterrorism Center and Other Agencies of Information in Datasets Containing Non-Terrorism Information (Mar. 22, 2012). [NCTC] [ Local ]
    7. Federal Bureau of Investigation
      • Michael B. Mukasey, The Attorney General Guidelines for Domestic FBI Operations (Sept. 29, 2008). [FBI] [ Local ]
    8. Department of Homeland Security Office of Intelligence and Analysis (I&A)
      • Office of Intelligence & Analysis, Dep’t of Homeland Sec., Office of Intelligence and Analysis: Intelligence Oversight Program and Guidelines (Jan. 19, 2017). [DHS] [ Local ]
    9. U.S. Coast Guard Intelligence and Counterintelligence Elements Note: Pending issuance of final procedures, USCG is operating pursuant to: Commandant Instruction M3820.12, Coast Guard Intelligence Activities (Aug. 28, 2003). [USCG] [ Local ]
    10. Department of Energy, Office of Intelligence and Counterintelligence
      • Dep’t of Energy, Department of Energy Procedures for Intelligence Activities (Jan. 17, 2017). [DOE] [ Local ]
    11. Department of Treasury Office of Intelligence and Analysis (OIA)
      • Note: Procedures not yet released.
    12. Department of State, Bureau of Intelligence and Research (INR)
      • Dep't of State, Guidelines for Intelligence Activities (Aug. 15, 1989). [DOS] [ Local ]
    13. Drug Enforcement Administration, Office of National Security Intelligence (ONSI) Note: Pending issuance of final procedures, ONSI is operating pursuant to:
      • Memorandum from John Ashcroft, Attorney Gen. to the Heads of Dep’t [of Justice] Components, Guidelines for Disclosure of Grand Jury and Electronic, Wire, and Oral Interception Information Identifying United States Persons (Sept. 23, 2002). [ODNI]
      • Memorandum from John Ashcroft, Attorney Gen., to Heads of Dep’t of Justice Components and Heads of Fed. Dep’ts & Agencies with Law Enforcement, Guidelines Regarding Disclosure to the Director of Central Intelligence and Homeland Security Officials of Foreign Intelligence Acquired in the Course of a Criminal Investigation (Sept. 23, 2002). [ODNI]

C. National Security Letters (NSLS)

  1. Statutory Authorities Amending NSL Provisions
    1. USA PATRIOT ACT of 2001, Pub. L. No. 107-56, § 505, 115 Stat. 272, 365-66. [Westlaw] [Lexis]
    2. USA FREEDOM Act of 2015, Pub. L. No. 114-23, §§ 501-03, 129 Stat. 268, 282-291. [Westlaw] [Lexis]
  2. Codified Provisions (as amended)
    1. Right to Financial Privacy Act of 1978, 12 U.S.C. § 3401-3422. [Westlaw] [Lexis]
    2. Fair Credit Reporting Act of 1970 §§ 626-27, 15 U.S.C. §§ 1681u, 1681v.
    3. Electronic Communications Privacy Act of 1986 § 201, 18 U.S.C. § 2709. [Westlaw] [Lexis]
    4. National Security Act of 1947 § 802, 50 U.S.C. § 3162. [Westlaw] [Lexis]
    5. Judicial Review of Requests for Information: 18 U.S.C. §3511. [Westlaw] [Lexis]
  3. Case law

D. Ordinary Criminal Law

  1. Interception of Wire, Oral, or Electronic Communications: 18 U.S.C. §§ 2510-2522. [Westlaw] [Lexis]
  2. Pen Register/Trap and Trace Provisions: 18 U.S.C. §§ 3121-3127 (PRTT). [Westlaw] [Lexis]
  3. Stored Communications Act: 18 U.S.C. §§ 2701-2712. [Westlaw] [Lexis]
  4. Fed. R. Crim. P. 41. [Westlaw] [Lexis]
  5. Clarifying Lawful Overseas Use of Data (CLOUD) Act § 105, 18 U.S.C.A. 2523 (2019). [Westlaw] [Lexis] Note: Amends the Stored Communications Act of 1986 to compel technology companies operating in the U.S. to provide data regardless of where the information is held.

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