USC Subchapter IV

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. (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.

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

(a) Application for authorizationThe 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 applicationEach application under this section—(1) shall be made to—(A) a judge of the court established by section 1803(a) of this title; 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.

50 U.S.C. § 1863 Congressional oversight

(a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all requests for records under this subchapter. (b) 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—(1) the total number of applications made for orders approving requests for records under this subchapter; and (2) the total number of such orders either granted, modified, or denied.

50 U.S.C. § 1864 Notification of changes to retention of call detail record policies

(a) Requirement to retain(1) In generalNot 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) ReportNot 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) DefinitionsIn this section:(1) Call detail recordThe 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 providerThe term “electronic communication service provider” has the meaning given that term in section 1881(b)(4) of this title.