
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC1862]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
              CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE
 
     SUBCHAPTER IV--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN 
                          INTELLIGENCE PURPOSES
 
Sec. 1862. Access to certain business records for foreign 
        intelligence and international terrorism investigations
        

(a) Application for authorization

    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.

(b) Recipient and contents of application

    Each 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) of this section; and
            (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.

(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) of 
this section.

(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) of this section.
    (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.

(Pub. L. 95-511, title V, Sec. 502, as added Pub. L. 105-272, title VI, 
Sec. 602, Oct. 20, 1998, 112 Stat. 2411.)

                       References in Text

    Executive Order No. 12333, referred to in subsec. (a), is set out as 
a note under section 401 of this title.
