§ 1862. Access to certain business records for foreign intelligence and international terrorism investigations
1,484 words·~7 min read·
/usc/title-50/section-1862A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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)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 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, Oct. 26, 2001, 115 Stat. 288; amended Pub. L. 107–108, title III, § 314(a)(7), Dec. 28, 2001, 115 Stat. 1402; Pub. L. 109–177, title I, §§ 102(b)(1), 106(h), Mar. 9, 2006, 120 Stat. 195, 199; 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. 111–259, title VIII, § 801(6), Oct. 7, 2010, 124 Stat. 2746; 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 VI, §§ 601, 605(d), title VII, § 705(a), (c), June 2, 2015, 129 Stat. 291, 298, 300; Pub. L. 116–69, div. B, title VII, § 1703(a), Nov. 21, 2019, 133 Stat. 1143; Pub. L. 118–49, § 10(a)(4), (b)(4), Apr. 20, 2024, 138 Stat. 876, 877.)
Connections76 cite this · traces to 8
Cited by 76 sections · top 60
public-private-law
statutes-at-large
- Public Law 111–141To extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 until February 28, 2011
- Public Law 107–108To authorize appropriations for fiscal year 2002 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes
- Public Law 114–23To reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, an
- Public Law 107–56To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes
- Public Law 105–272To authorize appropriations for fiscal year 1999 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes
- Public Law 109–177To extend and modify authorities needed to combat terrorism, and for other purposes
- Public Law 111–259To authorize appropriations for fiscal year 2010 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes
statute-compilations
- Sec. 10ACCURACY AND COMPLETENESS OF APPLICATIONS
- Sec. 314TECHNICAL AMENDMENTS
- Sec. 2EXTENSION OF SUNSETS OF PROVISIONS RELATING TO ACCESS TO BUSINESS RECORDS, INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS, AND ROVING WIRETAPS
- Sec. 801TECHNICAL AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978
- Sec. 2SUNSET EXTENSIONS
- Sec. 502access to certain business records for foreign intelligence and international terrorism investigations
- Sec. 106ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION 215 OF THE USA PATRIOT ACT
bill
- Sec. 3Expansion of reporting requirements under FISA
- Sec. 2Enhanced public reporting for orders under the Foreign Intelligence Surveillance Act of 1978
- Sec. 602Government reporting of FISA orders
- Sec. 2Enhanced public reporting for orders under the Foreign Intelligence Surveillance Act of 1978
- Sec. 2Supplemental procedures for acquisition of certain business records for counterterrorism purposes
- Sec. 601Additional reporting on orders requiring production of business records
- Sec. 602Business records compliance reports to Congress
- Sec. 606Submission of reports under FISA
- Sec. 601Additional reporting on orders requiring production of business records
- Sec. 602Business records compliance reports to Congress
- Sec. 606Submission of reports under FISA
- Sec. 601Additional reporting on orders requiring production of business records
- Sec. 602Business records compliance reports to Congress
- Sec. 606Submission of reports under FISA
- Sec. 2Sunset of certain provisions of the USA PATRIOT Act and the FISA Amendments Act of 2008
- Sec. 2Inclusion of additional committees in certain reports under the Foreign Intelligence Surveillance Act of 1978
- Sec. 2Submission of reports under the Foreign Intelligence Surveillance Act of 1978 to the Privacy and Civil Liberties Oversight Board
- Sec. 601Additional reporting on orders requiring production of business records; business records compliance reports to Congress
- Sec. 605Submission of reports under FISA
- Sec. 601Additional reporting on orders requiring production of business records; business records compliance reports to Congress
- Sec. 605Submission of reports under FISA
- Sec. 601Additional reporting on orders requiring production of business records; business records compliance reports to Congress
- Sec. 605Submission of reports under FISA
- Sec. 601Additional reporting on orders requiring production of business records; business records compliance reports to Congress
- Sec. 605Submission of reports under FISA
- Sec. 601Additional reporting on orders requiring production of business records; business records compliance reports to Congress
- Sec. 605Submission of reports under FISA
- Sec. 601Additional reporting on orders requiring production of business records; business records compliance reports to Congress
- Sec. 605Submission of reports under FISA
- Sec. 2Submission of reports under the Foreign Intelligence Surveillance Act of 1978 to the Privacy and Civil Liberties Oversight Board
- Sec. 3Authority for roving surveillance under the Foreign Intelligence Surveillance Act of 1978
- Sec. 601Additional reporting on orders requiring production of business records; business records compliance reports to Congress
- Sec. 605Submission of reports under FISA
- Sec. 401Additional reporting on orders requiring production of business records; business records compliance reports to Congress
- Sec. 403Submission of reports
- Sec. 3Permanent authority for roving surveillance under the Foreign Intelligence Surveillance Act of 1978
- Sec. 3Authority for roving surveillance under the Foreign Intelligence Surveillance Act of 1978
- Sec. 3Authority for roving surveillance under the Foreign Intelligence Surveillance Act of 1978
- Sec. 2Repeal of authority to access on an ongoing basis business records for foreign intelligence and international terrorism investigations
- Sec. 2Repeal of authority to access on an ongoing basis business records for foreign intelligence and international terrorism investigations
- Sec. 101Repeal of authority to access on an ongoing basis business records for foreign intelligence and international terrorism investigations
- Sec. 101Repeal of authority to access on an ongoing basis call detail records
- Sec. 104Limitation on retention of business record information
- Sec. 101Repeal of authority to access on an ongoing basis call detail records
- Sec. 104Limitation on retention of business record information
Traces to 8 documents
U.S. Code
43 references not yet in our index
- 1
- Pub. L. 95–511, title V, § 502
- Pub. L. 107–56, title II, § 215
- 115 Stat. 288
- Pub. L. 107–108, title III, § 314(a)(7)
- 115 Stat. 1402
- Pub. L. 109–177, title I
- 120 Stat. 195
- Pub. L. 111–118, div. B, § 1004(a)
- 123 Stat. 3470
- Pub. L. 111–141, § 1(a)
- 124 Stat. 37
- Pub. L. 111–259, title VIII, § 801(6)
- 124 Stat. 2746
- Pub. L. 112–3, § 2(a)
- 125 Stat. 5
- Pub. L. 112–14, § 2(a)
- 125 Stat. 216
- Pub. L. 114–23, title VI
- 129 Stat. 291
- 133 Stat. 1143
- 138 Stat. 876
- Pub. L. 109–177, § 102(b)(1)
- Pub. L. 112–14
- Pub. L. 114–23
- Pub. L. 114–23, § 705(a)
- Pub. L. 105–272, title VI, § 602
- 112 Stat. 2411
- 115 Stat. 287
- Pub. L. 114–23, § 605(d)
- Pub. L. 114–23, § 601(a)
- Pub. L. 114–23, § 601(b)
- Pub. L. 112–3
- Pub. L. 111–141
- Pub. L. 111–259
- Pub. L. 111–118
- Pub. L. 109–177, § 106(h)(1)
- Pub. L. 109–177, § 106(h)(2)(A)
- Pub. L. 109–177, § 106(h)(2)(B)
- Pub. L. 109–177, § 106(h)(3)
+ 3 more
Citation graph
cites case law
§ 1862
Access to certain business records for foreign intelligence and international terrorism investigations
Bills×57
Stat.×9
Stat. Comp.×8
Pub. L.×2
Cite1
Pub. L.Pub. L. 95–511, title V, § 502
Pub. L.Pub. L. 107–56, title II, § 215
Stat.115 Stat. 288
Cites 51 · showing 12Cited by 76 across 4 sources