1. U.S. Code
  2. title 50
  3. chapter 36
  4. subchapter IV
  5. § 1863

Collapse to view only § 1863. Congressional oversight

§ 1861. Definitions
As used in this subchapter:
(1) The terms “foreign power”, “agent of a foreign power”, “foreign intelligence information”, “international terrorism”, and “Attorney General” shall have the same meanings as in section 1801 of this title.
(2) The term “common carrier” means any person or entity transporting people or property by land, rail, water, or air for compensation.
(3) The term “physical storage facility” means any business or entity that provides space for the storage of goods or materials, or services related to the storage of goods or materials, to the public or any segment thereof.
(4) The term “public accommodation facility” means any inn, hotel, motel, or other establishment that provides lodging to transient guests.
(5) The term “vehicle rental facility” means any person or entity that provides vehicles for rent, lease, loan, or other similar use to the public or any segment thereof.
(Pub. L. 95–511, title V, § 501, as added Pub. L. 107–56, title II, § 215, Oct. 26, 2001, 115 Stat. 287; amended Pub. L. 107–108, title III, § 314(a)(6), Dec. 28, 2001, 115 Stat. 1402; Pub. L. 109–177, title I, §§ 102(b)(1), 106(a)–(e), (f)(2), (g), Mar. 9, 2006, 120 Stat. 195–198; Pub. L. 109–178, §§ 3, 4(a), Mar. 9, 2006, 120 Stat. 278, 280; Pub. L. 111–118, div. B, § 1004(a), Dec. 19, 2009, 123 Stat. 3470; Pub. L. 111–141, § 1(a), Feb. 27, 2010, 124 Stat. 37; Pub. L. 112–3, § 2(a), Feb. 25, 2011, 125 Stat. 5; Pub. L. 112–14, § 2(a), May 26, 2011, 125 Stat. 216; Pub. L. 114–23, title I, §§ 101–107, title VII, § 705(a), (c), June 2, 2015, 129 Stat. 269–273, 300; Pub. L. 115–118, title II, § 205(b)(6), Jan. 19, 2018, 132 Stat. 22; Pub. L. 116–69, div. B, title VII, § 1703(a), Nov. 21, 2019, 133 Stat. 1143.)

CITE AS: 50 USC 1861

§ 1862. Access to certain business records for foreign intelligence and international terrorism investigations
(a) Application for authorization
(b) Recipient and contents of applicationEach application under this section—
(1) shall be made to—
(A) a judge of the court established by section 1803(a) of this title; 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
1 So in original.No subpars. (C) and (D) have 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, as added Pub. L. 107–56, title II, § 215

CITE AS: 50 USC 1862

§ 1863. Congressional oversight
(a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all requests for records under this subchapter.
(b) 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—
(1) the total number of applications made for orders approving requests for records under this subchapter; and
(2) the total number of such orders either granted, modified, or denied.
(Pub. L. 95–511, title V, § 503, as added Pub. L. 105–272, title VI, § 602, Oct. 20, 1998, 112 Stat. 2412; Pub. L. 109–177, title I, § 102(b)(1), Mar. 9, 2006, 120 Stat. 195; Pub. L. 111–118, div. B, § 1004(a), Dec. 19, 2009, 123 Stat. 3470; Pub. L. 111–141, § 1(a), Feb. 27, 2010, 124 Stat. 37; Pub. L. 112–3, § 2(a), Feb. 25, 2011, 125 Stat. 5; Pub. L. 112–14, § 2(a), May 26, 2011, 125 Stat. 216; Pub. L. 114–23, title VII, § 705(a), (c), June 2, 2015, 129 Stat. 300; Pub. L. 116–69, div. B, title VII, § 1703(a), Nov. 21, 2019, 133 Stat. 1143.)

CITE AS: 50 USC 1863

§ 1864. Notification of changes to retention of call detail record policies
(a) Requirement to retain
(1) In general
(2) Report
(b) Definitions
In this section:
(1) Call detail record
(2) Electronic communication service provider
(Pub. L. 114–113, div. M, title III, § 307, Dec. 18, 2015, 129 Stat. 2916.)

CITE AS: 50 USC 1864