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50 U.S.C. § 1861 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim).
(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.
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Stable record: federal_law:legal_authorities:record_usc_26a220949fc9763b7d22c4f3
Source file: Laws/federal/codes/united-states-code/title-50/section-1861-definitions--70061982ca.md
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Source location: Title 50, Chapter 36, § 1861; chapter-036-foreign-intelligence-surveillance.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Necessary findings** Upon an application made pursuant to [section 1804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1804&num=0&edition=prelim), the judge shall enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that—
(1) the application has been made by a Federal officer and approved by the Attorney General;
(2) on the basis of the facts submitted by the applicant there is probable cause to believe that—
(A) the target of the electronic surveillance is a foreign power or an agent of a foreign power: Provided, That no United States person may be considered a foreign power or an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and
(B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;
(3) the proposed minimization procedures meet the definition of minimization procedures under [section 1801(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/h&num=0&edition=prelim); and
(4) the application which has been filed contains all statements and certifications required by [section 1804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1804&num=0&edition=prelim) and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 1804(a)(7)(E) 11 See References in Text note below. of this title and any other information furnished under section 1804(d) 1 of this title.
**(b) Determination of
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1805
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
**(a)** “Foreign power” means—
(1) a foreign government or any component thereof, whether or not recognized by the United States;
(2) a faction of a foreign nation or nations, not substantially composed of United States persons;
(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
(4) a group engaged in international terrorism or activities in preparation therefor;
(5) a foreign-based political organization, not substantially composed of United States persons;
(6) an entity that is directed and controlled by a foreign government or governments; or
(7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction.
**(b)** “Agent of a foreign power” means—
(1) any person other than a United States person, who—
(A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States;
(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities;
(C) Omitted
(D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or
(E) engages in the international proliferation of weapons of mass destruction, or activities in prepa
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Court to hear applications and grant orders; record of denial; transmittal to court of review**
(1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this chapter, except that no judge designated under this subsection (except when sitting en banc under paragraph (2)) shall hear the same application for electronic surveillance under this chapter which has been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this chapter, such judge shall provide immediately for the record a written statement of each reason for his decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b).
(2)
(A) The court established under this subsection may, on its own initiative, or upon the request of the Government in any proceeding or a party under section 1861(f) 11 See References in Text note below. of this title or paragraph (4) or (5) of [section 1881a(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881a/i&num=0&edition=prelim), hold a hearing or rehearing, en banc, when ordered by a majority of the judges that constitute such court upon a determination that—
(i) en banc consideration is necessary to secure or maintain uniformity of the court’s decis
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1803
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/a&num=0&edition=prelim); 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) 11 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 o
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1862
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement to retain**
(1) **In general** — Not later than 15 days after learning that an electronic communication service provider that generates call detail records in the ordinary course of business has changed the policy of the provider on the retention of such call detail records to result in a retention period of less than 18 months, the Director of National Intelligence shall notify, in writing, the congressional intelligence committees of such change.
(2) **Report** — Not later than 30 days after December 18, 2015, the Director shall submit to the congressional intelligence committees a report identifying each electronic communication service provider that has, as of the date of the report, a policy to retain call detail records for a period of 18 months or less.
**(b) Definitions** In this section:
(1) **Call detail record** — The term “call detail record” has the meaning given that term in section 1861(k) 11 See References in Text note below. of this title.
(2) **Electronic communication service provider** — The term “electronic communication service provider” has the meaning given that term in [section 1881(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881/b/4&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1864
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report** On a semiannual basis, the Attorney General shall submit to the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate, in a manner consistent with the protection of the national security, a report setting forth with respect to the preceding 6-month period—
(1) the aggregate number of persons targeted for orders issued under this chapter, including a breakdown of those targeted for—
(A) electronic surveillance under [section 1805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1805&num=0&edition=prelim);
(B) physical searches under [section 1824 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1824&num=0&edition=prelim);
(C) pen registers under [section 1842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1842&num=0&edition=prelim);
(D) access to records under section 1861 11 See References in Text note below. of this title;
(E) acquisitions under [section 1881b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881b&num=0&edition=prelim); and
(F) acquisitions under [section 1881c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1881c&num=0&edition=prelim);
(2) the number of individuals covered by an order issued pursuant to section 1801(b)(1)(C) 1 of this title;
(3) the number of times that the Attorney General has authorized that information obtained under this chapter may be used in a criminal proceeding or any information derived therefrom may be used in a criminal proce
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1871
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report by Director of the Administrative Office of the United States Courts**
(1) **Report required** — The Director of the Administrative Office of the United States Courts shall annually submit to the 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, subject to a declassification review by the Attorney General and the Director of National Intelligence, a report that includes—
(A) the number of applications or certifications for orders submitted under each of sections 1805, 1824, 1842, 1861,11 See References in Text note below. 1881a, 1881b, and 1881c of this title;
(B) the number of such orders granted under each of those sections;
(C) the number of orders modified under each of those sections;
(D) the number of applications or certifications denied under each of those sections;
(E) the number of appointments of an individual to serve as amicus curiae under [section 1803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803&num=0&edition=prelim), including the name of each individual appointed to serve as amicus curiae;
(F) the number of findings issued under [section 1803(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/i&num=0&edition=prelim) that such appointment is not appropriate and the text of any such findings; and
(G) the number of times the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review exercised authority under chapter 21 of title 18 and a description of each use of such authority.
(2) **Publication** — The Director shall make the report re
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1873
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reporting** A person subject to a nondisclosure requirement accompanying an order or directive under this chapter or a national security letter may, with respect to such order, directive, or national security letter, publicly report the following information using one of the following structures:
(1) A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of—
(A) the number of national security letters received, reported in bands of 1000 starting with 0–999;
(B) the number of customer selectors targeted by national security letters, reported in bands of 1000 starting with 0–999;
(C) the number of orders or directives received, combined, under this chapter for contents, reported in bands of 1000 starting with 0–999;
(D) the number of customer selectors targeted under orders or directives received, combined, under this chapter for contents, reported in bands of 1000 starting with 0–999;
(E) the number of orders received under this chapter for noncontents, reported in bands of 1000 starting with 0–999; and
(F) the number of customer selectors targeted under orders under this chapter for noncontents, reported in bands of 1000 starting with 0–999, pursuant to—
(i) subchapter III;
(ii) subchapter IV with respect to applications described in section 1861(b)(2)(B) 11 See References in Text note below. of this title; and
(iii) subchapter IV with respect to applications described in section 1861(b)(2)(C) 1 of this title.
(2) A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply into separate categories of—
(A) the number of national secu
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1874
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Federal law — U.S. Code and appendices · legal_authorities
Page 277
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1861
§ 1846. Congressional oversight
(a) On a semiannual basis, the Attorney Gen-
eral shall fully inform the Permanent Select
Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intel-
ligence of the Senate, and the Committee on the
Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate,
concerning all uses of pen registers and trap and
trace devices pursuant to this subchapter.
(b) On a semiannual basis, the Attorney Gen-
eral shall also provide to the committees re-
ferred to in subsection (a) a report setting forth
with respect to the preceding 6-month period—
(1) the total number of applications made for
orders approving the use of pen registers or
trap and trace devices under this subchapter;
(2) the total number of such orders either
granted, modified, or denied;
(3) the total number of pen registers and
trap and trace devices whose installation and
use was authorized by the Attorney General
on an emergency basis under section 1843 of
this title, and the total number of subsequent
orders approving or denying the installation
and use of such pen registers and trap and
trace devices;
(4) each department or agency on behalf of
which the Attorney General or a designated
attorney for the Government has made an ap-
plication for an order authorizing or approving
the installation and use of a pen register or
trap and trace device under this subchapter;
(5) for each department or agency described
in paragraph (4), each number described in
paragraphs (1), (2), and (3); and
(6) a good faith estimate of the total number
of subjects who were targeted by the installa-
tion and use of a pen register or trap and trace
device under a
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1861
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