50 USC 1861(d)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 50 USC 1861(d) | status: Specified | banner: CUI//SP-FISAB.
- DoD authority row: 50 USC 1861(d). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 50 USC 1861(d) | status: Specified | banner: CUI//SP-FISAB
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Specified, CUI//SP-FISAB. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Specified with banner CUI//SP-FISAB.
Extracted authority meaning
- Page 239 TITLE 50—WAR AND NATIONAL DEFENSE § 1861
- Registry designation context: Specified, CUI//SP-FISAB. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to books, records, papers, documents, and other items produced for an investigation to obtain foreign intelligence information.
- DoD category scope used with this authority: Related to books, records, papers, documents, and other items produced for an investigation to obtain foreign intelligence information.
- 50 USC 1861(d) | status: Specified | banner: CUI//SP-FISAB
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Specified. Per-authority NARA status values: Specified. NARA banner marking evidence: CUI//SP-FISAB. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to books, records, papers, documents, and other items produced for an investigation to obtain foreign intelligence information.
- Extracted authority condition: Access to certain business records for for- eign intelligence and international terrorism investigations (a) Application for order; conduct of investiga- tion generally (1) Subject to paragraph (3), the Director of the Federal Bureau of Investigation or a des- ignee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to obtain foreign in- telligence information not concerning a United States person or to protect against inter- national terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.
- Extracted authority condition: (b) Recipient and contents of application Each application under this section— (1) shall be made to— (A) a judge of the court established by sec- tion 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 ap- plications and grant orders for the produc- tion of tangible things under this section on behalf of a judge of that court; and (2) shall include— (A) a specific selection term to be used as the basis for the production of the tangible things sought; (B) in the case of an application other than an application described in subparagraph (C) (including an application for the production of call detail records other than in the man- ner described in subparagraph (C)), a state- ment of facts showing that there are reason- able grounds to believe that the tangible things sought are relevant to an authorized investigation (other than a threat assess- ment) conducted in accordance with sub- section (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activi- ties,...
- Extracted authority condition: (2) read as fol- lows: ‘‘shall specify that the records concerned are sought for an authorized investigation conducted in ac- cordance with subsection (a)(2) to obtain foreign intel- ligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities.’’ Subsec.
- Extracted authority condition: (b) In April of each year, the Attorney General shall submit to the House and Senate Commit- tees on the Judiciary and the House Permanent Select Committee on Intelligence and the Sen- ate Select Committee on Intelligence a report setting forth with respect to the preceding cal- endar year— (1) a summary of all compliance reviews con- ducted by the Government for the production of tangible things under section 1861 of this title; (2) the total number of applications de- scribed in section 1861(b)(2)(B) of this title made for orders approving requests for the production of tangible things; (3) the total number of such orders either granted, modified, or denied; (4) the total number of applications de- scribed in section 1861(b)(2)(C) of this title made for orders approving requests for the production of call detail records; (5) the total number of such orders either granted, modified, or denied; (6) the total number of applications made for orders approving requests for the production of tangible things under section 1861 of this title; (7) the total number of such orders either granted, modified, or denied; and (8) the number of such orders either granted, modified, or denied for the production of each of the following: (A) Library circulation records, library pa- tron lists, book sales records, or book cus- tomer lists.
Safeguarding and dissemination controls
- NARA registry control evidence: status Specified; banner marking CUI//SP-FISAB.
- Nara basic or specified: Specified
- Nara authority rows: 50 USC 1861(d) | status: Specified | banner: CUI//SP-FISAB
- Nara banner markings: CUI//SP-FISAB
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Access to certain business records for for- eign intelligence and international terrorism investigations (a) Application for order; conduct of investiga- tion generally (1) Subject to paragraph (3), the Director of the Federal Bureau of Investigation or a des- ignee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to obtain foreign in- telligence information not concerning a United States person or to protect against inter- national terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.
- Extracted authority control: (b) Recipient and contents of application Each application under this section— (1) shall be made to— (A) a judge of the court established by sec- tion 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 ap- plications and grant orders for the produc- tion of tangible things under this section on behalf of a judge of that court; and (2) shall include— (A) a specific selection term to be used as the basis for the production of the tangible things sought; (B) in the case of an application other than an application described in subparagraph (C) (including an application for the production of call detail records other than in the man- ner described in subparagraph (C)), a state- ment of facts showing that there are reason- able grounds to believe that the tangible things sought are relevant to an authorized investigation (other than a threat assess- ment) conducted in accordance with sub- section (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activi- ties,...
- Extracted authority control: (2) read as fol- lows: ‘‘shall specify that the records concerned are sought for an authorized investigation conducted in ac- cordance with subsection (a)(2) to obtain foreign intel- ligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities.’’ Subsec.
- Extracted authority control: Prior to amendment, text read as fol- lows: ‘‘(1) Upon an application made pursuant to this sec- tion, the judge shall enter an ex parte order as re- quested, or as modified, approving the release of records if the judge finds that the application meets the requirements of this section. ‘‘(2) An order under this subsection shall not disclose that it is issued for purposes of an investigation de- scribed in subsection (a).’’ Subsec.
- Extracted authority control: Access to certain business records for foreign intelligence and international terrorism inves- tigations (a) Application for authorization The Director of the Federal Bureau of Investiga- tion or a designee of the Director (whose rank shall
- Extracted authority control: L. 114–23, title I, § 110, June 2, 2015, 129 Stat. 276, provided that: ‘‘Nothing in this Act [see Tables for clas- sification] shall be construed to authorize the produc- tion of the contents (as such term is defined in section 2510(8) of title 18, United States Code) of any electronic communication from an electronic communication service provider (as such term is defined in section 701(b)(4) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(b)(4))) under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).’’ § 1862.
- Extracted authority control: (2) Defined In this section, the term ‘‘minimization pro- cedures’’ means— (A) specific procedures that are reasonably designed in light of the purpose and tech- nique of an order for the production of tan- gible things, to minimize the retention, and prohibit the dissemination, of nonpublicly available information concerning unconsent- ing United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intel- ligence information; (B) procedures that require that nonpub- licly available information, which is not for- eign intelligence information, as defined in section 1801(e)(1) of this title, shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is nec- essary to understand foreign intelligence in- formation or assess its importance; and (C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evi- dence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforce- ment purposes.
Authority excerpts
Most relevant extracted authority passageAccess to certain business records for for- eign intelligence and international terrorism investigations (a) Application for order; conduct of investiga- tion generally (1) Subject to paragraph (3), the Director of the Federal Bureau of Investigation or a des- ignee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to obtain foreign in- telligence information not concerning a United States person or to protect against inter- national terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.
Extracted authority passage 2(b) Recipient and contents of application Each application under this section— (1) shall be made to— (A) a judge of the court established by sec- tion 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 ap- plications and grant orders for the produc- tion of tangible things under this section on behalf of a judge of that court; and (2) shall include— (A) a specific selection term to be used as the basis for the production of the tangible things sought; (B) in the case of an application other than an application described in subparagraph (C) (including an application for the production of call detail records other than in the man- ner described in subparagraph (C)), a state- ment of facts showing that there are reason- able grounds to believe that the tangible things sought are relevant to an authorized investigation (other than a threat assess- ment) conducted in accordance with sub- section (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activi- ties,...
Extracted authority passage 3(2) read as fol- lows: ‘‘shall specify that the records concerned are sought for an authorized investigation conducted in ac- cordance with subsection (a)(2) to obtain foreign intel- ligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities.’’ Subsec.
Extracted authority passage 4Prior to amendment, text read as fol- lows: ‘‘(1) Upon an application made pursuant to this sec- tion, the judge shall enter an ex parte order as re- quested, or as modified, approving the release of records if the judge finds that the application meets the requirements of this section. ‘‘(2) An order under this subsection shall not disclose that it is issued for purposes of an investigation de- scribed in subsection (a).’’ Subsec.
Extracted authority passage 5Access to certain business records for foreign intelligence and international terrorism inves- tigations (a) Application for authorization The Director of the Federal Bureau of Investiga- tion or a designee of the Director (whose rank shall
Extracted authority passage 6(b) In April of each year, the Attorney General shall submit to the House and Senate Commit- tees on the Judiciary and the House Permanent Select Committee on Intelligence and the Sen- ate Select Committee on Intelligence a report setting forth with respect to the preceding cal- endar year— (1) a summary of all compliance reviews con- ducted by the Government for the production of tangible things under section 1861 of this title; (2) the total number of applications de- scribed in section 1861(b)(2)(B) of this title made for orders approving requests for the production of tangible things; (3) the total number of such orders either granted, modified, or denied; (4) the total number of applications de- scribed in section 1861(b)(2)(C) of this title made for orders approving requests for the production of call detail records; (5) the total number of such orders either granted, modified, or denied; (6) the total number of applications made for orders approving requests for the production of tangible things under section 1861 of this title; (7) the total number of such orders either granted, modified, or denied; and (8) the number of such orders either granted, modified, or denied for the production of each of the following: (A) Library circulation records, library pa- tron lists, book sales records, or book cus- tomer lists.