Foreign Intelligence Surveillance Act

Foreign Intelligence Surveillance Act

The Foreign Intelligence Surveillance Act of 1978 prescribes procedures for requesting judicial authorization for electronic surveillance and physical search of persons engaged in espionage or international terrorism against the United States on behalf of a foreign power. Requests are adjudicated by a special eleven member court called the Foreign Intelligence Surveillance Court.

FISA Annual Reports to Congress - 2012 Annual Report, April 30, 2013 Foreign Intelligence Surveillance Court -- 2013 Membership
Current and Past Members of Foreign Intelligence Surveillance Court, 1978-2013
DNI Clapper Declassifies and Releases Telephone Metadata Collection Documents, news release, July 31, 2013

Primary Order for Business Records Collection Under Section 215 of the USA PATRIOT Act, declassified FISA Court order, April 25, 2013
Updated Report on NSA's Bulk Collection Programs for USA PATRIOT Act Reauthorization, declassified report to Congress, February 2, 2011
Report on the National Security Agency's Bulk Collection Programs Affected by USA PATRIOT Act Reauthorization, declassified report to Congress, December 14, 2009
Public Filings Before the Foreign Intelligence Surveillance Court
FISA Court Presiding Judge Reggie Walton on Court Operations, letter to Sen. Leahy, July 29, 2013
Foreign Intelligence Surveillance Court Renews Authority to Collect Telephony Metadata, ODNI news release, July 19, 2013
FISC Cites Obstacles to Summarizing Court Opinions, March 27, 2013 (in response to letter from Senate Intelligence Committee, February 13, 2013)
Reauthorization of the FISA Amendments Act, Congressional Research Service, April 8, 2013
DNI Declassifies Three Statements About Collection under the FISA Amendments Act, letter to Sen. Wyden, July 20, 2012 (Wired story)
Semiannual Assessments of Compliance with FISA Amendments Act Procedures and Guidelines, Submitted by the Attorney General and the Director of National Intelligence (Redacted)

• Reporting Period: September 4, 2008 - November 30, 2008, March 2009
• Reporting Period: December 1, 2008 - May 31, 2009, December 2009
• Reporting Period: June 1, 2009 - November 30, 2009, May 2010
DNI and Attorney General Urge Renewal of FISA Amendments Act Title VII with background paper, February 8, 2012
FISA Amendments Act Implementation, documents obtained by ACLU under the Freedom of Information Act, December 2010
Appeals Court Rejects Challenge to FISA, USA v. Hassan Abu-Jihaad, December 20, 2010
Court Rejects Motion for Release of FISA Materials, USA v. Kashmiri, November 10, 2010
FISA Court of Review Opinion upholding surveillance directives under the Protect America Act, August 22, 2008 (with Order to release the Opinion, January 12, 2009) (Secret Court Ruling Put Tech Companies in Data Bind, New York Times, June 13, 2013)
Selected Aspects of the Department of Energy's Activities Involving the Foreign Intelligence Surveillance Act, DOE Inspector General, May 6, 2009
Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015, Congressional Research Service, June 16, 2011
Retroactive Immunity Provided by the FISA Amendments Act of 2008, Congressional Research Service, July 25, 2008
The Foreign Intelligence Surveillance Act: A Brief Overview of Selected Issues, Congressional Research Service, July 7, 2008
The Foreign Intelligence Surveillance Act: Comparison of House-Passed H.R. 3773, S. 2248 as Reported By the Senate Select Committee on Intelligence, and S. 2248 as Reported Out of the Senate Judiciary Committee, Congressional Research Service, February 8, 2008
The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and U.S. Foreign Intelligence Surveillance Court and U.S. Foreign Intelligence Surveillance Court of Review Decisions, Congressional Research Service, updated February 15, 2007
The U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review: An Overview, Congressional Research Service, January 24, 2007
Amendments to the Foreign Intelligence Surveillance Act, 1994-2006, Congressional Research Service, July 19, 2006
Senate Approves Amendment to the Foreign Intelligence Surveillance Act, July 9, 2008
House Approves Amendment to the Foreign Intelligence Surveillance Act, June 20, 2008
The FISA as amended by the Patriot Act is Unconstitutional, court ruling in Mayfield v. United States, District of Oregon, September 26, 2007 (vacated on appeal, December 10, 2009)
FISA Court Will Supervise Cases Formerly Conducted Under the Terrorist Surveillance Program, letter from Attorney General Gonzales to the Senate Judiciary Committee, January 17, 2007
ACLU Petitions FIS Court to for Leave to Participate in FISA Amendment Act Proceedings (2008)

FIS Court Denies ACLU Motion, August 27, 2008
ACLU Reply in Support of Motion for Leave to Participate, August 5, 2008
Govt Opposition to ACLU Motion for Leave to Participate, July 29, 2008
ACLU Motion for Leave to Participate in Proceedings Required by Sect. 702(i) of the FISA Amendments Act of 2008, July 10, 2008
ACLU Petitions FIS Court to Release Records (2007)

Court Denies ACLU Motion for Release of Records, December 11, 2007
ACLU Reply in Support of Motion for Release of FIS Court Records, September 14, 2007
Govt Opposition to ACLU Motion for Release of FIS Court Records, August 31, 2007
FIS Court Orders Govt to Respond to ACLU Motion for Release, August 16, 2007
ACLU Motion for Release of Certain FIS Court Records, August 8, 2007
Modernization of the Foreign Intelligence Surveillance Act, hearing before the House Permanent Select Committee on Intelligence, July 19, 2006
DOJ/Attorney General Gonzales' responses to the House Judiciary Committee's oversight letters regarding the NSA Terrorist Surveillance Program, March 24, 2006
FISA Court Rules and Procedures

Amended Foreign Intelligence Surveillance Court Rules of Procedure, effective November 1, 2010
Proposed Amended Foreign Intelligence Surveillance Court Rules of Procedure, for public comment, August 26, 2010
Foreign Intelligence Surveillance Court Rules of Procedure, effective February 17, 2006
Procedures for Review of Petitions Filed Pursuant to Section 501(f) of the Foreign Intelligence Surveillance Act of 1978, as Amended, May 5, 2006
Procedures for Review of Petitions Filed Under Section 105(b)(h) of the Foreign Intelligence Surveillance Act of 1978, as Amended, draft (October 2007)
Sen. Pat Roberts on the Constitutionality of Warrantless Electronic Surveillance, letter to the Senate Judiciary Committee, February 3, 2006 Attorney General Gonzales Speech on NSA Surveillance Activity at Georgetown University, January 24, 2006
Remarks of Gen. Michael V. Hayden, at the National Press Club, January 23, 2006
Legal Authorities Supporting the Activities of the National Security Agency Described by the President, Department of Justice White Paper, January 19, 2006
Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence Information, Congressional Research Service, January 5, 2006
DoJ Letter on Legal Authority for NSA Surveillance from Asst. Attorney General William E. Moschella, December 22, 2005
A Response to the Justice Department from Law Professors and Former Government Officials, January 9, 2006
Justice Department Answers to Questions for the Record, transmitted to the Senate Judiciary Committee, October 20, 2005
NSA Report on Congress on Legal Standards for the Intelligence Community in Conducting Electronic Surveillance, February 2000
Oversight of NSA Electronic Surveillance Activities, statement of NSA Director Lt. Gen. Michael V. Hayden, April 12, 2000
Intelligence Reform and Terrorism Prevention Act of 2004: "Lone Wolf" Amendment to the Foreign Intelligence Surveillance Act, December 29, 2004
Foreign Intelligence Surveillance Act: Selected Legislation from the 108th Congress, Congressional Research Service, 2005
Foreign Intelligence Surveillance Act Procedures to Ensure Accuracy ("Woods Procedures"), by Michael J. Woods, FBI Office of General Counsel, April 5, 2001

FBI Director Mueller Explains the Significance of the Woods Procedures, in response to questions from Sen. Patrick Leahy, transmitted August 29, 2003
US Navy Memo on Changes to FISA due to USA Patriot Act, September 2003 (MS Word version)
"So Judge, How Do I Get That FISA Warrant?": The Policy and Procedure for Conducting Electronic Surveillance, The Army Lawyer, October 1997
ACLU and EPIC vs. Department of Justice: FOIA Lawsuit on Patriot Act/FISA

• Selected Case Files on Patriot FOIA @ACLU
• Selected Case Files and Document Releases @EPIC
• Declaration of James A. Baker, Justice Department Office of Intelligence Policy and Review
Implementation of FISA Under the USA Patriot Act: Justice Department Responses to Congressional Questions

• Letter to Sen. Patrick Leahy from Assistant Attorney General Daniel J. Bryant, December 23, 2002 (PDF)
• Letter to Sen. Patrick Leahy from Assistant Attorney General Daniel J. Bryant, December 23, 2002 (PDF)
• Letter to Sen. Russell Feingold from Assistant Attorney General Daniel J. Bryant, December 23, 2002 (PDF)
Hearing of the Foreign Intelligence Surveillance Court of Review, on Justice Department appeal from FIS Court Decision, transcript of closed hearing, September 9, 2002.
Memorandum Opinion of the Foreign Intelligence Surveillance Court, rejecting and revising Justice Department intelligence sharing procedures, May 17, 2002. Related attachments:

• Letter of Transmittal from Presiding Judge Colleen Kollar-Kotelly, August 20, 2002
• Letter to the FISA Court from Sens. Leahy, Grassley, Specter, July 31, 2002
• Attorney General Memorandum on Intelligence Sharing Procedures, March 6, 2002
• Deputy Attorney General Memorandum on Intelligence Sharing, August 6, 2001
• Memo to the Attorney General on Interim Procedures Governing Foreign Intelligence and Counterintelligence Investigations, approved January 21, 2000
• 1995 Attorney General Procedures for Contacts Between FBI and Criminal Division in Foreign Intelligence and Counterintelligence Investigations, adopted July 19, 1995
Justice Dept Appeal to the U.S. Foreign Intelligence Surveillance Court of Review, seeking to vacate FIS Court Opinion and Order, August 21, 2002
Amicus Brief Submitted to the FIS Court of Review, in support of the FIS Court Opinion and Order, filed by ACLU, et al, September 19, 2002 (PDF)
FIS Court of Review Decision, ruling against the FIS Court, decided November 18, 2002
Supplemental Brief Submitted by the Justice Department in Support of Its Appeal to the FIS Court of Review, September 25, 2002
FISA Mistakes

• Letter from Rep. William Delahunt, requesting information on FISA mistakes, June 14, 2002.
• Electronic Communication on FISA Mistakes, transmitted by letter from M.E. Bowman (FBI), August 7, 2002.
Congressional Hearings and Statements
• Amending the Foreign Intelligence Surveillance Act, S. 113, on the Senate floor, May 8, 2003
• Amending the FISA, Senate Judiciary Committee Report on the Kyl/Schumer Amendment, S. Rep. 108-40, April 29, 2003
• FISA Implementation Failures, Interim Report on FBI Oversight in the 107th Congress by the Senate Judiciary Committee, released by Senators Specter, Leahy and Grassley, February 25, 2003
• Freedom to Read Protection Act (HR 1157), to exempt libraries and bookstores from foreign intelligence reporting requirements, introduced in the House on March 6, 2003.
• Amending the FISA Law, statement of Sen. Jon Kyl, October 15, 2002
• The USA Patriot Act in Practice: Shedding Light on the FISA Process, statement of Senate Republicans, September 24, 2002
• The USA Patriot Act in Practice: Shedding Light on the FISA Process, Senate Judiciary Committee, September 10, 2002
• Proposals to Amend the Foreign Intelligence Surveillance Act, Senate Intelligence Committee, July 31, 2002
• Foreign Intelligence Surveillance Act, House Permanent Select Committee on Intelligence, Report 95-1283, pt. 1, June 8, 1978
FISA Annual Reports to Congress

2012, 2011, 2010, 2009, 2008, 2007, 2006, 2005, 2004, 2003, 2002, 2001 2000, 1999, 1998, 1997, 1996, 1995, 1994, 1993, 1992, 1991, 1990, 1989
1988, 1987, 1986, 1985, 1984, 1983, 1982, 1981, 1980, 1979
Executive Orders
• Exercise of Certain Authority Respecting Electronic Surveillance, Executive Order 12139, 23 May 1979
• Foreign Intelligence Physical Searches, Executive Order 12949, 9 February 1995
FISA Legislative History: Additional Views of Sen. Malcolm Wallop, from Senate Report 95-701

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