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

Federal law — U.S. Code and appendices · legal_authorities

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

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Stable record: federal_law:legal_authorities:record_usc_e969aecb28d33de2412826fa
Source file: Laws/federal/codes/united-states-code/title-50/section-1862-access-to-certain-business-records-for-foreign-intelligence-and-internat--066659ec63.md
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Source location: Title 50, Chapter 36, § 1862; chapter-036-foreign-intelligence-surveillance.md

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**(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 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.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1842 — Pen registers and trap and trace devices for foreign intelligence and international terrorism investigations

**(a) Application for authorization or approval** (1) Notwithstanding any other provision of law, the Attorney General or a designated attorney for the Government may make an application for an order or an extension of an order authorizing or approving the installation and use of a pen register or trap and trace device for any investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution which 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. (2) The authority under paragraph (1) is in addition to the authority under subchapter I of this chapter to conduct the electronic surveillance referred to in that paragraph. **(b) Form of application; recipient** Each application under this section shall be in writing under oath or affirmation to— (1) 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 (2) 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 for and grant orders approving the installation and use of a pen register or trap and trace device on behalf of a judge of that court. **(c) Executive approval; contents of application** Each application under this section shall require the approval of the Attorney General, or a desi

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 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](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

50 U.S.C. § 1804 — Applications for court orders

**(a) Submission by Federal officer; approval of Attorney General; contents** Each application for an order approving electronic surveillance under this subchapter shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under [section 1803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803&num=0&edition=prelim). Each application shall require the approval of the Attorney General based upon his finding that it satisfies the criteria and requirements of such application as set forth in this subchapter. It shall include— (1) the identity of the Federal officer making the application; (2) the identity, if known, or a description of the specific target of the electronic surveillance; (3) a sworn statement of the facts and circumstances relied upon by the applicant to justify his belief that— (A) the target of the electronic surveillance is a foreign power or an agent of a foreign power, and, in the case of a target that is a United States person alleged to be acting as an agent of a foreign power (as described in [section 1801(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/b/2/B&num=0&edition=prelim)), that a violation of the criminal statutes of the United States as referred to in [section 1801(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/b/2/B&num=0&edition=prelim) has occurred or is about to occur; 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; (4) a statement of the proposed minimization procedures; (5) a description of the

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1804

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3001 — Requirement to buy certain satellite component from American sources

**(a) Definitions** In this section: (1) **Covered element of the intelligence community** — The term “covered element of the intelligence community” means an element of the intelligence community that is not an element of the Department of Defense. (2) **National security satellite** — The term “national security satellite” means a satellite weighing over 400 pounds whose principle purpose is to support the national security or intelligence needs of the United States Government. (3) **United States** — The term “United States” means the several States, the District of Columbia, and the territories and possessions of the United States. **(b) Requirement** Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star tracker. **(c) Exception** The head of a covered element of the intelligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congressional intelligence committees that— (1) there is no available star tracker produced in the United States that meets the mission and design requirements of the national security satellite for which the star tracker will be used; (2) the cost of a star tracker produced in the United States is unreasonable, based on a market survey; or (3) such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1805 — Issuance of order

**(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

50 U.S.C. § 1862 — Access to certain business records for for-

Page 279 TITLE 50—WAR AND NATIONAL DEFENSE § 1862 1 So in original. No subpar. (C) or (D) has been enacted. read as follows: ‘‘At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under this section shall identify to the Di- rector or such designee the person to whom such disclo- sure will be made or to whom such disclosure was made prior to the request, but in no circumstance shall a per- son be required to inform the Director or such designee that the person intends to consult an attorney to ob- tain legal advice or legal assistance.’’ Subsec. (f). Pub. L. 109–178, § 3, amended subsec. (f) generally. Prior to amendment, subsec. (f) provided for judicial proceedings relating to challenging an order to produce tangible things. Pub. L. 109–177, § 106(f)(2), added subsec. (f). Subsecs. (g), (h). Pub. L. 109–177, § 106(g), added sub- secs. (g) and (h). 2001—Subsec. (a)(1). Pub. L. 107–108 inserted ‘‘to ob- tain foreign intelligence information not concerning a United States person or’’ after ‘‘an investigation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–23, title I, § 109(a), June 2, 2015, 129 Stat. 276, provided that: ‘‘The amendments made by sections 101 through 103 [amending this section] shall take ef- fect on the date that is 180 days after the date of the enactment of this Act [June 2, 2015].’’ EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 102(b)(1) of Pub. L. 109–177 ef- fective Mar. 15, 2020, except that former provisions to continue in effect with respect to any particular for- eign intelligence investigation that began before Mar. 15, 2020, or with respect to any particular offense or po- t

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