50 U.S.C. § 1862 | Access to certain business records for foreign intelligence and international terrorism investigations

(a)

Application for authorization

The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order authorizing a common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to release records in its possession for an investigation to gather foreign intelligence information or an investigation concerning international terrorism which investigation is being conducted by the Federal Bureau of Investigation under such guidelines as the Attorney General approves pursuant to Executive Order No. 12333, or a successor order.

(b)

Recipient and contents of application

Each application under this section—

(1)

shall be made to—

(A)

section 1803(a) of this title a judge of the court established by ; or

(B)

a United States Magistrate Judge under chapter 43 of title 28 who is publicly designated by the Chief Justice of the United States to have the power to hear applications and grant orders for the release of records under this section on behalf of a judge of that court; and

(2)

shall specify that—

(A)

the records concerned are sought for an investigation described in subsection (a);

(B)

there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power;

(E)

1 So in original. No subpar. (C) or (D) has been enacted.

  a statement by the applicant that, to the best knowledge of the applicant, the application fairly reflects all information that might reasonably—

(i)

call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or

(ii)

otherwise raise doubts with respect to the findings required under subsection (c); and

(F)

non-cumulative information known to the applicant that is potentially exculpatory regarding the requested legal findings or any assessment in the application.

(c)

Ex parte judicial order of approval

(1)

Upon application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the release of records if the judge finds that the application satisfies the requirements of this section.

(2)

An order under this subsection shall not disclose that it is issued for purposes of an investigation described in subsection (a).

(d)

Compliance; nondisclosure

(1)

Any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility shall comply with an order under subsection (c).

(2)

No common carrier, public accommodation facility, physical storage facility, or vehicle rental facility, or officer, employee, or agent thereof, shall disclose to any person (other than those officers, agents, or employees of such common carrier, public accommodation facility, physical storage facility, or vehicle rental facility necessary to fulfill the requirement to disclose information to the Federal Bureau of Investigation under this section) that the Federal Bureau of Investigation has sought or obtained records pursuant to an order under this section.

Pub. L. 95–511, title V, § 502 Pub. L. 107–56, title II, § 215Oct. 26, 2001115 Stat. 288 Pub. L. 107–108, title III, § 314(a)(7)Dec. 28, 2001115 Stat. 1402 Pub. L. 109–177, title IMar. 9, 2006120 Stat. 195 Pub. L. 111–118, div. B, § 1004(a)Dec. 19, 2009123 Stat. 3470 Pub. L. 111–141, § 1(a)Feb. 27, 2010124 Stat. 37 Pub. L. 111–259, title VIII, § 801(6)Oct. 7, 2010124 Stat. 2746 Pub. L. 112–3, § 2(a)Feb. 25, 2011125 Stat. 5 Pub. L. 112–14, § 2(a)May 26, 2011125 Stat. 216 Pub. L. 114–23, title VIJune 2, 2015129 Stat. 291 Pub. L. 116–69, div. B, title VII, § 1703(a)Nov. 21, 2019133 Stat. 1143 Pub. L. 118–49, § 10(a)(4)Apr. 20, 2024138 Stat. 876(, as added , , ; amended , , ; , §§ 102(b)(1), 106(h), , , 199; , , ; , , ; , , ; , , ; , , ; , §§ 601, 605(d), title VII, § 705(a), (c), , , 298, 300; , , ; , (b)(4), , , 877.)

Editorial Notes

References in Text

section 3001 of this titleExecutive Order No. 12333, referred to in subsec. (a), is set out as a note under .

Codification

Pub. L. 109–177, § 102(b)(1)Pub. L. 112–14June 1, 2015Oct. 25, 2001Pub. L. 114–23June 2, 2015Dec. 15, 2019Pub. L. 114–23, § 705(a)Pursuant to , as amended by , this section was amended, effective , to read as it read on . The amendments made by , which was enacted , were directed to this section as it read prior to such reversion and were executed as if the reversion had not taken place, to reflect the probable intent of Congress and the extension of the provisions of this section to , by , (c). See 2015 Amendment notes below.

Prior Provisions

Pub. L. 95–511, title V, § 502 Pub. L. 105–272, title VI, § 602Oct. 20, 1998112 Stat. 2411 Pub. L. 107–56, title II, § 215Oct. 26, 2001115 Stat. 287A prior section 1862, , as added , , , which related to access to certain business records for foreign intelligence and international terrorism investigations, was repealed by , , .

Amendments

Pub. L. 118–49, § 10(a)(4)2024—Subsec. (b)(2)(E). , added subpar. (E).

Pub. L. 118–49, § 10(b)(4)Subsec. (b)(2)(F). , added subpar. (F).

Pub. L. 116–69 Pub. L. 109–177, § 102(b)(1)2019— amended directory language of . See 2006 Amendment note below.

Pub. L. 114–23, § 705(a)Pub. L. 109–177, § 102(b)(1)2015—, (c), amended directory language of . See Codification note above and 2006 Amendment note below.

Pub. L. 114–23, § 605(d)Subsec. (a). , substituted “Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate” for “Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate”.

Pub. L. 114–23, § 601(a)Subsec. (b). , added pars. (1) to (5) and redesignated former pars. (1) to (3) as (6) to (8), respectively.

Pub. L. 114–23, § 601(b)Subsec. (c)(1)(C) to (E). , added subpars. (C) to (E).

Pub. L. 112–14 Pub. L. 109–177, § 102(b)(1)2011— amended directory language of . See 2006 Amendment note below.

Pub. L. 112–3 Pub. L. 109–177, § 102(b)(1) amended directory language of . See 2006 Amendment note below.

Pub. L. 111–141 Pub. L. 109–177, § 102(b)(1)2010— amended directory language of . See 2006 Amendment note below.

Pub. L. 111–259Subsec. (a). substituted “an annual” for “a annual”.

Pub. L. 111–118 Pub. L. 109–177, § 102(b)(1)2009— amended directory language of . See 2006 Amendment note below.

Pub. L. 109–177, § 102(b)(1)Pub. L. 111–118 Pub. L. 111–141 Pub. L. 112–3 Pub. L. 112–14 Pub. L. 114–23, § 705(a)Pub. L. 116–69Mar. 15, 2020Oct. 25, 2001section 1861 of this title2006—, as amended by , , , , , (c), and , amended section effective , so as to read as it read on . Prior to amendment, section related to reports to Congressional committees concerning requests for the production of tangible things under .

Pub. L. 109–177, § 106(h)(1)Subsec. (a). , substituted “annual basis” for “semiannual basis” and inserted “and the Committee on the Judiciary” after “and the Select Committee on Intelligence”.

Pub. L. 109–177, § 106(h)(2)(A)Subsec. (b). , in introductory provisions, substituted “In April of each year, the Attorney General shall submit to the House and Senate Committees on the Judiciary and the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence a report setting forth with respect to the preceding calendar year” for “On a semiannual basis, the Attorney General shall provide to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding 6-month period”.

Pub. L. 109–177, § 106(h)(2)(B)Subsec. (b)(3). –(D), added par. (3).

Pub. L. 109–177, § 106(h)(3)Subsec. (c). , added subsec. (c).

Pub. L. 107–108 section 1861 of this title section 1842 of this title2001—Subsecs. (a), (b)(1). substituted “” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

section 10(a)(4) of Pub. L. 118–49Apr. 20, 2024section 10(a)(6) of Pub. L. 118–49 section 1804 of this titleAmendment by applicable with respect to applications made on or after the date that is 120 days after , see , set out as a note under .

section 10(b)(4) of Pub. L. 118–49Apr. 20, 2024section 10(b)(6) of Pub. L. 118–49 section 1804 of this titleAmendment by applicable with respect to applications made on or after the date that is 120 days after , see , set out as a note under .

Effective Date of 2006 Amendment

section 102(b)(1) of Pub. L. 109–177Mar. 15, 2020Mar. 15, 2020Mar. 15, 2020section 102(b) of Pub. L. 109–177 section 1805 of this titleAmendment by effective , except that former provisions to continue in effect with respect to any particular foreign intelligence investigation that began before , or with respect to any particular offense or potential offense that began or occurred before , see , set out as a note under .