50 U.S.C. § 1864 — Notification of changes to retention of call

Page 281 TITLE 50—WAR AND NATIONAL DEFENSE § 1871 1 See References in Text note below. § 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 VII, § 705(a), (c), June 2, 2015, 129 Stat. 300; Pub. L. 116–69, div. B, title VII, § 1703(a), Nov. 21, 2019, 133 Stat. 1143.) Editorial Notes AMENDMENTS 2019—Pub. L. 116–69 amended directory language of Pub. L. 109–177, § 102(b)(1). See 2006 Amendment note below. 2015—Pub. L. 114–23, § 705(a), (c), amended directory language of Pub. L. 109–177, § 102(b)(1). See 2006 Amend- ment note below. 2011—Pub. L. 112–14 amended directory language of Pub. L. 109–177, § 102(b)(1). See 2006 Amendment note below. Pub. L. 112–3 amended directory language of Pub. L. 109–177, § 102(b)(1). See 2006 Amendment note below. 2010—Pub. L. 111–141 amended directory language of Pub. L. 109–177, § 102(b)(1). See 2006 Amendment note below. 2009—Pub. L. 111–118 amended directory language of Pub. L. 109–177, § 102(b)(1). See 2006 Amendment note below. 2006—Pub. L. 109–177, § 102(b)(1), revived this section to read as it read on Oct. 25, 2001. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REVIVAL Section, which had been repealed by Pub. L. 107–56, title II, § 215, Oct. 26, 2001, 115 Stat. 287, was revived by section 102(b)(1) of Pub. L. 109–177 effective Mar. 15, 2020, except that former provisions to continue in effect with respect to any particular foreign intelligence in- vestigation that began before Mar. 15, 2020, or with re- spect to any particular offense or potential offense that began or occurred before Mar. 15, 2020, see section 102(b) of Pub. L. 109–177, set out as an Effective Date of 2006 Amendment note under section 1805 of this title. § 1864. Notification of changes to retention of call detail record policies (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 ordi- nary 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 con- gressional intelligence committees of such change. (2) Report Not later than 30 days after December 18, 2015, the Director shall submit to the congres- sional intelligence committees a report identi- fying each electronic communication service provider that has, as of the date of the report, a policy to retain call detail records for a pe- riod of 18 months or less. (b) Definitions In this section: (1) Call detail record The term ‘‘call detail record’’ has the mean- ing given that term in section 1861(k) 1 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. (Pub. L. 114–113, div. M, title III, § 307, Dec. 18, 2015, 129 Stat. 2916.) Editorial Notes REFERENCES IN TEXT Section 1861(k) of this title, referred to in subsec. (b)(1), means section 1861(k) of this title prior to the amendment of section 1861 by Pub. L. 109–177, title I, § 102(b), Mar. 9, 2006, 120 Stat. 195, set out as an Effec- tive Date of 2006 Amendment note under section 1805 of this title, which amended section 1861 of this title, ef- fective Mar. 15, 2020, so that such section read as it read on Oct. 25, 2001, with certain exceptions. CODIFICATION Section was enacted as part of the Intelligence Au- thorization Act for Fiscal Year 2016, and also as part of the Consolidated Appropriations Act, 2016, and not as part of the Foreign Intelligence Surveillance Act of 1978 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘congressional intelligence commit- tees’’ as used in this section, see section 2 of div. M of Pub. L. 114–113, set out as a note under section 3003 of this title. SUBCHAPTER V—OVERSIGHT Editorial Notes CODIFICATION Pub. L. 114–23, title IV, § 402(a)(1), June 2, 2015, 129 Stat. 281, substituted ‘‘OVERSIGHT’’ for ‘‘REPORTING REQUIREMENT’’ in heading. § 1871. Semiannual report of the Attorney Gen- eral (a) Report On a semiannual basis, the Attorney General shall submit to the Permanent Select Com- mittee on Intelligence of the House of Rep- resentatives, the Select Committee on Intel- ligence 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 set- ting 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; (B) physical searches under section 1824 of this title; (C) pen registers under section 1842 of this title;