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.
Each application under this section-
1 So in original.No subpars. (C) and (D) have been enacted.
50 U.S.C. § 1862
EDITORIAL NOTES
REFERENCES IN TEXTExecutive Order No. 12333, referred to in subsec. (a), is set out as a note under section 3001 of this title.
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 amendments made by Pub. L. 114-23, which was enacted June 2, 2015, were directed to this section as it read prior to such reversion and were executed as if the reversion had not taken place, to reflect the probable intent of Congress and the extension of the provisions of this section to Dec. 15, 2019, by Pub. L. 114-23, §705(a), (c). See 2015 Amendment notes below.
PRIOR PROVISIONSA prior section 1862, Pub. L. 95-511, title V, §502, as added Pub. L. 105-272, §602, 112 Stat. 2411, which related to access to certain business records for foreign intelligence and international terrorism investigations, was repealed by Pub. L. 107-56, §215, 115 Stat. 287.
AMENDMENTS2024-Subsec. (b)(2)(E). Pub. L. 118-49, §10(a)(4), added subpar. (E). Subsec. (b)(2)(F). Pub. L. 118-49, §10(b)(4), added subpar. (F).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 Codification note above and 2006 Amendment note below. Subsec. (a). Pub. L. 114-23, §605(d), substituted "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" for "Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate". Subsec. (b). Pub. L. 114-23, §601(a), added pars. (1) to (5) and redesignated former pars. (1) to (3) as (6) to (8), respectively. Subsec. (c)(1)(C) to (E). Pub. L. 114-23, §601(b), added subpars. (C) to (E).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. Subsec. (a). Pub. L. 111-259 substituted "an annual" for "a annual".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), as amended by Pub. L. 111-118, Pub. L. 111-141, Pub. L. 112-3, Pub. L. 112-14, Pub. L. 114-23, §705(a), (c), and Pub. L. 116-69, amended section effective Mar. 15, 2020, so as to read as it read on Oct. 25, 2001. Prior to amendment, section related to reports to Congressional committees concerning requests for the production of tangible things under section 1861 of this title. Subsec. (a). Pub. L. 109-177, §106(h)(1), substituted "annual basis" for "semiannual basis" and inserted "and the Committee on the Judiciary" after "and the Select Committee on Intelligence".Subsec. (b). Pub. L. 109-177, §106(h)(2)(A), in introductory provisions, substituted "In April of each year, the Attorney General shall submit to the House and Senate Committees on the Judiciary and the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence a report setting forth with respect to the preceding calendar year" for "On a semiannual basis, the Attorney General shall provide to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding 6-month period".Subsec. (b)(3). Pub. L. 109-177, §106(h)(2)(B) -(D), added par. (3).Subsec. (c). Pub. L. 109-177, §106(h)(3), added subsec. (c). 2001-Subsecs. (a), (b)(1). Pub. L. 107-108 substituted "section 1861 of this title" for "section 1842 of this title".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2024 AMENDMENT Amendment by section 10(a)(4) of Pub. L. 118-49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(a)(6) of Pub. L. 118-49, set out as a note under section 1804 of this title.Amendment by section 10(b)(4) of Pub. L. 118-49 applicable with respect to applications made on or after the date that is 120 days after Apr. 20, 2024, see section 10(b)(6) of Pub. L. 118-49, set out as a note under section 1804 of this title.
EFFECTIVE DATE OF 2006 AMENDMENT Amendment 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 investigation that began before Mar. 15, 2020, or with respect 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 a note under section 1805 of this title.