50 U.S.C. § 1846 — Congressional oversight

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 an order or emergency authoriza- tion issued under this subchapter, rounded to the nearest 500, including— (A) the number of such subjects who are United States persons, reported to the near- est band of 500, starting with 0–499; and (B) of the number of United States persons described in subparagraph (A), the number of persons whose information acquired pursu- ant to such order was reviewed or accessed by a Federal officer, employee, or agent, re- ported to the nearest band of 500, starting with 0–499. (c) Each report under subsection (b) shall be submitted in unclassified form, to the extent consistent with national security. Not later than 7 days after the date on which the Attor- ney General submits such a report, the Attorney General shall make the report publicly avail- able, or, if the Attorney General determines that the report cannot be made publicly avail- able consistent with national security, the At- torney General may make publicly available an unclassified summary of the report or a redacted version of the report. (Pub. L. 95–511, title IV, § 406, as added Pub. L. 105–272, title VI, § 601(2), Oct. 20, 1998, 112 Stat. 2410; amended Pub. L. 109–177, title I, §§ 109(b), 128(b), Mar. 9, 2006, 120 Stat. 204, 229; Pub. L. 114–23, title VI, § 605(c), June 2, 2015, 129 Stat. 298; Pub. L. 115–118, title I, § 107(b), title II, § 205(a)(3), Jan. 19, 2018, 132 Stat. 14, 21.) Editorial Notes AMENDMENTS 2018—Subsec. (b). Pub. L. 115–118, § 205(a)(3), struck out ‘‘and to the Committees on the Judiciary of the House of Representatives and the Senate’’ after ‘‘to the committees referred to in subsection (a)’’ in introduc- tory provisions. Subsec. (b)(6). Pub. L. 115–118, § 107(b)(1), added par. (6). Subsec. (c). Pub. L. 115–118, § 107(b)(2), added subsec. (c). 2015—Subsec. (b)(4), (5). Pub. L. 114–23 added pars. (4) and (5). 2006—Subsec. (a). Pub. L. 109–177, § 128(b), inserted ‘‘, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate,’’ after ‘‘Select Committee on Intelligence of the Senate’’. Subsec. (b)(3). Pub. L. 109–177, § 109(b), added par. (3). SUBCHAPTER IV—ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN IN- TELLIGENCE PURPOSES § 1861. Definitions As used in this subchapter: (1) The terms ‘‘foreign power’’, ‘‘agent of a foreign power’’, ‘‘foreign intelligence informa- tion’’, ‘‘international terrorism’’, and ‘‘Attor- ney 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 prop- erty by land, rail, water, or air for compensa- tion. (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 ma- terials, to the public or any segment thereof. (4) The term ‘‘public accommodation facil- ity’’ means any inn, hotel, motel, or other es- tablishment 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.) Editorial Notes CODIFICATION Pursuant to Pub. L. 109–177, § 102(b)(1), as amended by Pub. L. 112–14, this section was amended, effective June 1, 2015, to read as it read on Oct. 25, 2001. The amend- ments made by Pub. L. 114–23, which was enacted June