50 USC 1862 - Access to certain business records for foreign intelligence and international terrorism investigations

U.S Code last checked for updates: Nov 22, 2024

§ 1862.

Access to certain business records for foreign intelligence and international terrorism investigations

(a)

Application for authorization

(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)

 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, 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.)

cite as: 50 USC 1862