50 USC 1862 - Access to certain business records for foreign intelligence and international terrorism investigations

1 So in original.No subpars. (C) and (D) have been enacted.

a statement by the applicant that, to the best knowledge of the applicant, the application fairly reflects all information that might reasonably—

Editorial Notes

References in Text

Executive Order No. 12333, referred to in subsec. (a), is set out as a note under section 3001 of this title.

Codification

Pursuant to Puspan. L. 109–177, § 102(span)(1), as amended by Puspan. L. 112–14, this section was amended, effective June 1, 2015, to read as it read on Oct. 25, 2001. The amendments made by Puspan. 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 Puspan. L. 114–23, § 705(a), (c). See 2015 Amendment notes below.

Prior Provisions

A prior section 1862, Puspan. L. 95–511, title V, § 502, as added Puspan. L. 105–272, title VI, § 602, Oct. 20, 1998, 112 Stat. 2411, which related to access to certain business records for foreign intelligence and international terrorism investigations, was repealed by Puspan. L. 107–56, title II, § 215, Oct. 26, 2001, 115 Stat. 287.

Amendments

2024—Subsec. (span)(2)(E). Puspan. L. 118–49, § 10(a)(4), added subpar. (E).

Subsec. (span)(2)(F). Puspan. L. 118–49, § 10(span)(4), added subpar. (F).

2019—Puspan. L. 116–69 amended directory language of Puspan. L. 109–177, § 102(span)(1). See 2006 Amendment note below.

2015—Puspan. L. 114–23, § 705(a), (c), amended directory language of Puspan. L. 109–177, § 102(span)(1). See Codification note above and 2006 Amendment note below.

Subsec. (a). Puspan. 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. (span). Puspan. 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). Puspan. L. 114–23, § 601(span), added subpars. (C) to (E).

2011—Puspan. L. 112–14 amended directory language of Puspan. L. 109–177, § 102(span)(1). See 2006 Amendment note below.

Puspan. L. 112–3 amended directory language of Puspan. L. 109–177, § 102(span)(1). See 2006 Amendment note below.

2010—Puspan. L. 111–141 amended directory language of Puspan. L. 109–177, § 102(span)(1). See 2006 Amendment note below.

Subsec. (a). Puspan. L. 111–259 substituted “an annual” for “a annual”.

2009—Puspan. L. 111–118 amended directory language of Puspan. L. 109–177, § 102(span)(1). See 2006 Amendment note below.

2006—Puspan. L. 109–177, § 102(span)(1), as amended by Puspan. L. 111–118, Puspan. L. 111–141, Puspan. L. 112–3, Puspan. L. 112–14, Puspan. L. 114–23, § 705(a), (c), and Puspan. 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). Puspan. 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. (span). Puspan. 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. (span)(3). Puspan. L. 109–177, § 106(h)(2)(B)–(D), added par. (3).

Subsec. (c). Puspan. L. 109–177, § 106(h)(3), added subsec. (c).

2001—Subsecs. (a), (span)(1). Puspan. 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 Puspan. 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 Puspan. L. 118–49, set out as a note under section 1804 of this title.

Amendment by section 10(span)(4) of Puspan. 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(span)(6) of Puspan. L. 118–49, set out as a note under section 1804 of this title.

Effective Date of 2006 Amendment

Amendment by section 102(span)(1) of Puspan. 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(span) of Puspan. L. 109–177, set out as a note under section 1805 of this title.