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Requests are adjudicated by a special eleven member court called the Foreign Intelligence Surveillance Court.

FISA Annual Reports to Congress
2023 Annual Report ("107 report"), April 30, 2024

Report from the Administrative Office of the U.S. Courts for 2023, April 30, 2024

IC Transparency Report 2022, April 2024

Report on use of pen register and/or trap and trace devices (PR/TT) for January-June 2023

President's Intelligence Advisory Board (PIAB) and Intelligence Oversight Board (IOB) Review of FISA Section 702 and Recommendations for Reauthorization, The White House, July 2023

Recent Efforts to Strengthen FISA Compliance, DOJ report to Congress, February 28, 2023

Court orders Govt to explain how it will ensure accuracy of FBI applications, FISA Court Order, filed December 17, 2019

FBI describes actions it will take to ensure accuracy of its FISA applications, response to Court Order, filed January 10, 2020

Court orders further remedial measures to ensure accuracy of FISA applications, FISA Court Order, filed March 5, 2020

Review of Four FISA Applications and Other Aspects of the FBI's Crossfire Hurricane Investigation (Horowitz report) (redacted), December 2019

The FISA Amendments Act: Q&A, ODNI Fact Sheet, April 2017

Foreign Intelligence Surveillance Court -- Current Membership

Current and Past Members of Foreign Intelligence Surveillance Court, 1978-2019

Congressional Research Service Reports

FBI v. Fazaga: Supreme Court Examines Interplay of State Secrets Privilege and the Foreign Intelligence Surveillance Act, CRS Legal Sidebar

Foreign Intelligence Surveillance Act (FISA): An Overview, CRS In Focus

Reform of the Foreign Intelligence Surveillance Court (FISC): Selection of Judges

Reform of the Foreign Intelligence Surveillance Courts: Procedural and Operational Changes

Overview of Constitutional Challenges to NSA Collection Activities and Recent Developments

Reform of the Foreign Intelligence Surveillance Courts: A Brief Overview

Reform of the Foreign Intelligence Surveillance Courts: Introducing a Public Advocate

Reform of the Foreign Intelligence Surveillance Courts: Disclosure of FISA Opinions

Reauthorization of the FISA Amendments Act

Amendments to the Foreign Intelligence Surveillance Act (FISA) Extended Until June 1, 2015, June 16, 2011

Retroactive Immunity Provided by the FISA Amendments Act of 2008, July 25, 2008

The Foreign Intelligence Surveillance Act: A Brief Overview of Selected Issues, 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, 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, updated February 15, 2007

The U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review: An Overview, January 24, 2007

Amendments to the Foreign Intelligence Surveillance Act, 1994-2006, July 19, 2006

Former FISA Court Judge John D. Bates on Potential Changes to FISA, letter to Senate Intelligence Committee, January 13, 2014

FISC Amended Memorandum Opinion on Section 215 of the USA PATRIOT Act on constitutionality of bulk collection of telephony metadata, August 29, 2013

DNI Clapper Declassifies Intelligence Community Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act (FISA) , news release, September 10, 2013

FISC Order approving the Government's request for authorization to collect bulk telephony metadata under Section 501 of FISA, May 24, 2006
Supplemental Opinion from the Foreign Intelligence Surveillance Court, December 12, 2008
FISC Order Regarding Preliminary Notice of Compliance Incident Dated January 15, 2009, January 28, 2009
Memorandum of the United States in response to the Court's Order Dated January 28, 2009, February 12, 2009
Notice of Compliance Incidents, February 26, 2009
FISC Order to Query Telephony Metadata on a Case by Case Basis, March 2, 2009
FISC Order to Report Weekly on Dissemination of Information from Telephony Metadata, June 22, 2009
Govt Report in Response to FISC Primary Order of July 9, 2009, August 19, 2009
NSA review of implementation of the FISC's authorization under Section 215, June 25, 2009
FISC Primary Order, September 3, 2009
FISC Order Regarding Further Compliance Incidents, September 25, 2009
Supplemental FISC Opinion Regarding Queries of Telephony Metadata, November 5, 2009


DNI Clapper Declassifies Section 702 Documents, news release, August 21, 2013

FISC Memorandum Opinion by Judge Bates (redacted), October 3, 2011
FISC Memorandum Opinion by Judge Bates (redacted), November 30, 2011
FISC Memorandum Opinion on Upstream Collection by Judge Bates (redacted), September 2012


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 FISA Court Reports Further on Modifications to Government Applications, letter to Senator Leahy, October 11, 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)

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) (FISCR Opinion as newly redacted in 2014) (more from Yahoo, ODNI)

Selected Aspects of the Department of Energy's Activities Involving the Foreign Intelligence Surveillance Act, DOE Inspector General, May 6, 2009

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

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)

Rules for U.S. Foreign Intelligence Surveillance Court of Review, FISCR Order No. 1, January 22, 1980

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

FIS Court of Review Decision Authorizing Collection of Post Cut Through Digits, April 14, 2016 (Certification of the Issue from the FISC, February 12, 2016)

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
• Strengthening Privacy Rights and National Security: Oversight of FISA Surveillance Programs, Senate Judiciary Committee hearing, July 31, 2013
• The Administration's use of FISA Authorities, hearing before the House Judiciary Committee, July 17, 2013
• Modernization of the Foreign Intelligence Surveillance Act, hearing before the House Permanent Select Committee on Intelligence, July 19, 2006
• 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

AOUSC Annual Reports to Congress

Report from the Administrative Office of the U.S. Courts for 2023 -- Report from the AOUSC for 2022 -- Report from the AOUSC for 2021 -- Report from the AOUSC for 2020 -- Report from the AOUSC for 2019 -- Report from the AOUSC for 2018 -- Report from the AOUSC for 2017 -- Report from the AOUSC for 2016 -- Report from the AOUSC for 2015

DOJ Annual Reports to Congress ("107 Reports")
2023, 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 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

IC Statistical Transparency Reports Regarding Use of National Security Authorities
CY 2023, CY 2022, CY 2021, CY 2020, CY 2019, CY 2018, CY 2017, CY 2016, CY 2015, CY 2014, CY 2013

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