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 18 USC Sec. 3077  Has Changes                                             01/22/02

Extract of the United States Code, Title 18, Sec's 3077-3486.

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 204 - REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS AND ESPIONAGE

Sec. 3077. Definitions

(<-- Previous Changes)
As used in this chapter, the term -

     (1) 'act of terrorism' means an activity that -

     (A) involves a violent act or an act dangerous to human life that is a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; and
     (B) appears to be intended -

     (i) to intimidate or coerce a civilian population;
     (ii) to influence the policy of a government by intimidation or coercion; or
     (iii) to affect the conduct of a government by assassination or kidnapping;

     (1) ''act of terrorism'' means an act of domestic or international terrorism as defined in section 2331;
(Next Changes->)
     (2) ''United States person'' means -

     (A) a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
     (B) an alien lawfully admitted for permanent residence in the United States as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20));
     (C) any person within the United States;
     (D) any employee or contractor of the United States Government, regardless of nationality, who is the victim or intended victim of an act of terrorism by virtue of that employment;
     (E) a sole proprietorship, partnership, company, or association composed principally of nationals or permanent resident aliens of the United States; and
     (F) a corporation organized under the laws of the United States, any State, the District of Columbia, or any territory or possession of the United States, and a foreign subsidiary of such corporation;

     (3) ''United States property'' means any real or personal property which is within the United States or, if outside the United States, the actual or beneficial ownership of which rests in a United States person or any Federal or State governmental entity of the United States;
     (4) ''United States'', when used in a geographical sense, includes Puerto Rico and all territories and possessions of the United States;
     (5) ''State'' includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States;
     (6) ''government entity'' includes the Government of the United States, any State or political subdivision thereof, any foreign country, and any state, provincial, municipal, or other political subdivision of a foreign country;
     (7) ''Attorney General'' means the Attorney General of the United States or that official designated by the Attorney General to perform the Attorney General's responsibilities under this chapter; and
     (8) ''act of espionage'' means an activity that is a violation of -

     (A) section 793, 794, or 798 of this title; or
     (B) section 4 of the Subversive Activities Control Act of 1950.

administrative details omitted

REFERENCES IN TEXT
Section 4 of the Subversive Activities Control Act of 1950, referred to in par. (8)(B), is classified to section 783 of Title 50, War and National Defense.

AMENDMENTS
2001 - Par. (1). Pub. L. 107-56 (Patriot I) amended par. (1) generally. Prior to amendment, par. (1) read as follows: '' 'act of terrorism' means an activity that -

     ''(A) involves a violent act or an act dangerous to human life that is a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; and
     ''(B) appears to be intended -

     ''(i) to intimidate or coerce a civilian population;
     ''(ii) to influence the policy of a government by intimidation or coercion; or
     ''(iii) to affect the conduct of a government by assassination or kidnapping;''.

other amendment details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1957 of this title.

 18 USC Sec. 3103a  Has Changes                                      01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES

Sec. 3103a. Additional grounds for issuing warrant

(<-- Previous Changes)
     (a) In General. - In addition to the grounds for issuing a warrant in section 3103 of this title, a warrant may be issued to search for and seize any property that constitutes evidence of a criminal offense in violation of the laws of the United States.

     (b) Delay. - With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required, or that may be required, to be given may be delayed if -

     (1) the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result (as defined in section 2705);
     (2) the warrant prohibits the seizure of any tangible property, any wire or electronic communication (as defined in section 2510), or, except as expressly provided in chapter 121, any stored wire or electronic information, except where the court finds reasonable necessity for the seizure; and
     (3) the warrant provides for the giving of such notice within a reasonable period of its execution, which period may thereafter be extended by the court for good cause shown.

Note: The changes in this section are NOT sunsetted on December 31, 2005-- Patriot I, Sec. 224

misc administrative details omitted

AMENDMENTS
2001 - Pub. L. 107-56 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

 18 USC Sec. 3121 Has Changes                                                      01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES

Sec. 3121. General prohibition on pen register and trap and trace device use; exception

     (a) In General. - Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining a court order under section 3123 of this title or under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
     (b) Exception. - The prohibition of subsection (a) does not apply with respect to the use of a pen register or a trap and trace device by a provider of electronic or wire communication service -
     (1) relating to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of such provider, or to the protection of users of that service from abuse of service or unlawful use of service; or
     (2) to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful or abusive use of service; or
     (3) where the consent of the user of that service has been obtained.
     (c) Limitation. - A government agency authorized to install and use a pen register or trap and trace device under this chapter or under State law shall use technology reasonably available to it that restricts the recording or decoding of electronic or other impulses to the dialing, routing, addressing, and signaling information utilized in call processing the processing and transmitting of wire or electronic communications so as not to include the contents of any wire or electronic communications.
Note: The changes in this subsection (subsection c) are NOT sunsetted on December 31, 2005-- Patriot I, Sec. 224
     (d) Penalty. - Whoever knowingly violates subsection (a) shall be fined under this title or imprisoned not more than one year, or both.
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administrative detail omitted

REFERENCES IN TEXT
The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (a), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as amended, which is classified principally to chapter 36 (Sec. 1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables.

AMENDMENTS
2001 - Subsec. (c). Pub. L. 107-56 (Patriot I) inserted ''or trap and trace device'' after ''pen register'' and '', routing, addressing,'' after ''dialing'' and substituted ''the processing and transmitting of wire or electronic communications so as not to include the contents of any wire or electronic communications'' for ''call processing''.

other amendment and administrative details omitted

 18 USC Sec. 3122                                                            01/22/02

Sec. 3122. Application for an order for a pen register or a trap and trace device

     (a) Application. -

     (1) An attorney for the Government may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction.
     (2) Unless prohibited by State law, a State investigative or law enforcement officer may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction of such State.

     (b) Contents of Application. - An application under subsection (a) of this section shall include -

     (1) the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and
     (2) a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.

administrative detail omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3123 of this title.

 18 USC Sec. 3123 Has Changes                                       01/22/02

Sec. 3123. Issuance of an order for a pen register or a trap and trace device

(<-- Previous Changes)
     (a) In General. -

     (1) Attorney for the government. -
Upon an application made under section 3122 of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the attorney for the Government or the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. Upon an application made under section 3122(a)(1), the court shall enter an ex parte* order authorizing the installation and use of a pen register or trap and trace device anywhere within the United States, if the court finds that the attorney for the Government has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. The order, upon service of that order, shall apply to any person or entity providing wire or electronic communication service in the United States whose assistance may facilitate the execution of the order. Whenever such an order is served on any person or entity not specifically named in the order, upon request of such person or entity, the attorney for the Government or law enforcement or investigative officer that is serving the order shall provide written or electronic certification that the order applies to the person or entity being served.
Note: The changes in this subsection (subsection a) are NOT sunsetted on December 31, 2005-- Patriot I, Sec. 224
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     (2) State investigative or law enforcement officer. -
Upon an application made under section 3122(a)(2), the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device within the jurisdiction of the court, if the court finds that the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.
     (3)

     (A) Where the law enforcement agency implementing an ex parte order under this subsection seeks to do so by installing and using its own pen register or trap and trace device on a packet-switched data network of a provider of electronic communication service to the public, the agency shall ensure that a record will be maintained which will identify -

     (i) any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network;
     (ii) the date and time the device was installed, the date and time the device was uninstalled, and the date, time, and duration of each time the device is accessed to obtain information;
     (iii) the configuration of the device at the time of its installation and any subsequent modification thereof; and
     (iv) any information which has been collected by the device.

     To the extent that the pen register or trap and trace device can be set automatically to record this information electronically, the record shall be maintained electronically throughout the installation and use of such device.

     (B) The record maintained under subparagraph (A) shall be provided ex parte and under seal to the court which entered the ex parte order authorizing the installation and use of the device within 30 days after termination of the order (including any extensions thereof).

     (b) Contents of Order. - An order issued under this section -

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     (1) shall specify -

     (A) the identity, if known, of the person to whom is leased or in whose name is listed the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied;
     (B) the identity, if known, of the person who is the subject of the criminal investigation;
     (C) the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and
    (C) the attributes of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied, and, in the case of an order authorizing installation and use of a trap and trace device under subsection (a)(2), the geographic limits of the order; and
     (D) a statement of the offense or activities to which the information likely to be obtained by the pen register or trap and trace device relates; and
Note: The changes in this subsection (subsection (b)(1)) are NOT sunsetted on December 31, 2005-- Patriot I, Sec. 224

     (2) shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under section 3124 of this title.

     Multi-function devices such as a "Palm Pilot": Where the order relates t&(to) a communication device capable of performing multiple functions, a pen register or trap and trace device may be used with respect to communications transmitted or received through any function of the device unless the order specifies otherwise.

     (c) Time Period and Extensions. -

     (1) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty days or, in an investigation of terrorist activities, 120 days.
     (2) Extensions of such an order may be granted, but only upon an application for an order under section 3122 of this title and upon the judicial finding required by subsection (a) of this section. The period of extension shall be for a period not to exceed sixty days or, in an investigation of terrorist activities, 120 days.

     (d) Nondisclosure of Existence of Pen Register or a Trap and Trace Device. -
An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that -

     (1) the order be sealed until otherwise ordered by the court; and
     (2) the person owning or leasing the line or other facility to which the pen register or a trap and trace device is attached who has been ordered by the court or applied, or who is obligated by the order to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.
Note: The changes in this subsection (subsection (d)(2)) are NOT sunsetted on December 31, 2005-- Patriot I, Sec. 224
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(Next Patriot II Changes->)

EX PARTE - "Ekss Par-tay" - Latin. 'By or for one party' or 'by one side.'
Refers to situations in which only one party (and not the adversary) appears before a judge. Such meetings are often forbidden.

Although a judge is normally required to meet with all parties in a case and not with just one, there are circumstances where this rule does not apply and the judge is allowed to meet with just one side (ex parte) such as where a plaintiff requests an order (say to extend time for service of a summons) or dismissal before the answer or appearance of the defendant(s).

In addition, sometimes judges will issue temporary orders ex parte (that is, based on one party's request without hearing from the other side) when time is limited or it would do no apparent good to hear the other side of the dispute. For example, if a wife claims domestic violence, a court may immediately issue an ex parte order telling her husband to stay away. Once he's out of the house, the court holds a hearing, where he can tell his side and the court can decide whether the ex parte order should be made permanent.  'Lectric Law Library, http://www.lectlaw.com/def/e051.htm

administrative details omitted

AMENDMENTS
2001 - Subsec. (a). Pub. L. 107-56 (Patriot I), Sec. 216(b)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ''Upon an application made under section 3122 of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the attorney for the Government or the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.''

Subsec. (b)(1)(A). Pub. L. 107-56, Sec. 216(b)(2)(A), inserted ''or other facility'' after ''telephone line'' and ''or applied'' before semicolon at end.

Subsec. (b)(1)(C). Pub. L. 107-56, Sec. 216(b)(2)(B), added subpar. (C) and struck out former subpar (C) which read as follows: ''the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and''.

Subsec. (d)(2). Pub. L. 107-56, Sec. 216(b)(3), inserted ''or other facility'' after ''leasing the line'' and substituted ''or applied, or who is obligated by the order'' for '', or who has been ordered by the court''. Note: should probably be 'for "who has been ordered by the court."

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2707, 3121, 3122, 3124, 3125 of this title.

 18 USC Sec. 3124 Has Changes                                              01/22/02

Sec. 3124. Assistance in installation and use of a pen register or a trap and trace device

     (a) Pen Registers. -
Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to install and use a pen register under this chapter, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish such investigative or law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in section 3123(b)(2) of this title.

(<-- Previous Changes)
     (b) Trap and Trace Device. -
Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line or other facility* and shall furnish such investigative or law enforcement officer all additional information, facilities and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in section 3123(b)(2) of this title. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished, pursuant to section 3123(b) or section 3125 of this title, to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order. *Note: This change is NOT sunsetted on December 31, 2005-- Patriot I, Sec. 224

     (c) Compensation. -
A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.

     (d) No Cause of Action Against a Provider Disclosing Information Under This Chapter. -
No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of (Pat I)** a court order under this chapter or request pursuant to section 3125 of this title. **Note: This change is NOT sunsetted on December 31, 2005-- Patriot I, Sec. 224
(Next Changes->)

     (e) Defense. -
A good faith reliance on a court order under this chapter, a request pursuant to section 3125 of this title, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.

     (f) Communications Assistance Enforcement Orders. -
Pursuant to section 2522, an order may be issued to enforce the assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act.

misc administrative details omitted

AMENDMENTS
2001 - Subsec. (b). Pub. L. 107-56 (Patriot I), Sec. 216(c)(6), inserted ''or other facility'' after ''the appropriate line''.

Subsec. (d). Pub. L. 107-56, Sec. 216(c)(5), struck out ''the terms of'' before ''a court order''.

remaining amendment details omitted

ASSISTANCE TO LAW ENFORCEMENT AGENCIES
Pub. L. 107-56, title II, Sec. 222, Oct. 26, 2001, 115 Stat. 292, provided that:
''Nothing in this Act (see Short Title of 2001 Amendment note set out under section 1 of this title) shall impose any additional technical obligation or requirement on a provider of a wire or electronic communication service or other person to furnish facilities or technical assistance. A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to section 216 (amending this section and sections 3121, 3123, and 3127 of this title) shall be reasonably compensated for such reasonable expenditures incurred in providing such facilities or assistance.''

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3123 of this title.

 18 USC Sec. 3125  Has Changes                                                 01/22/02

Sec. 3125. Emergency pen register and trap and trace device installation

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     (a) Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that -

     (1) an emergency situation exists that involves -

     (A) immediate danger of death or serious bodily injury to any person; or (Pat (II)
     (B) terrorist activities;
     (C) conspiratorial activities threatening the national security interest; or
     (B) (D) conspiratorial activities characteristic of organized crime,
(Next Changes->)
(Next Patriot II Changes->)

     that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained, and

     (2) there are grounds upon which an order could be entered under this chapter to authorize such installation and use;

     may have installed and use a pen register or trap and trace device if, within forty-eight hours after the installation has occurred, or begins to occur, an order approving the installation or use is issued in accordance with section 3123 of this title.

     (b) In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application for the order is denied or when forty-eight hours have lapsed since the installation of the pen register or trap and trace device, whichever is earlier.

     (c) The knowing installation or use by any investigative or law enforcement officer of a pen register or trap and trace device pursuant to subsection (a) without application for the authorizing order within forty-eight hours of the installation shall constitute a violation of this chapter.

     (d) A provider of a wire or electronic service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2707, 3124 of this title;
title 47 section 1002.

 18 USC Sec. 3126                                                                     01/22/02

Sec. 3126. Reports concerning pen registers and trap and trace devices

The Attorney General shall annually report to Congress on the number of pen register orders and orders for trap and trace devices applied for by law enforcement agencies of the Department of Justice, which report shall include information concerning -

     (1) the period of interceptions authorized by the order, and the number and duration of any extensions of the order;
     (2) the offense specified in the order or application, or extension of an order;
     (3) the number of investigations involved;
     (4) the number and nature of the facilities affected; and
     (5) the identity, including district, of the applying investigative or law enforcement agency making the application and the person authorizing the order.

misc administrative details omitted

 18 USC Sec. 3127 Has Changes                                                 01/22/02

Sec. 3127. Definitions for chapter

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
As used in this chapter -

     (1) the terms ''wire communication'', ''electronic communication'', and (Pat I) ''electronic communication service'', ''terrorist activities'', ''criminal investigation'', and ''contents'' have the meanings set forth for such terms in section 2510 of this title;

     (2) the term ''court of competent jurisdiction'' means -

     (A) a district court of the United States (including a magistrate judge of such a court) or a United States Court of Appeals; or
    (A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals having jurisdiction over the offense being investigated; or that--

     (i) has jurisdiction over the offense or activities being investigated;
     (ii) is in or for a district in which the provider of wire or electronic communication service is located; or
     (iii) is in or for a district in which a landlord, custodian, or other person subject to section 3124(a) or (b) is located; or

     (B) a court of general criminal jurisdiction of a State authorized by the law of that State to enter orders authorizing the use of a pen register or a trap and trace device;
Note: The changes in this subsection (subsection (2)) are NOT sunsetted on December 31, 2005-- Patriot I, Sec. 224

     (3) the term ''pen register'' means a device or process which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, provided, however, that such information shall not include the contents of any communication, but such term does not include any device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device or process used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business;
Note: The changes in this subsection (subsection (3)) are NOT sunsetted on December 31, 2005-- Patriot I, Sec. 224

     (4) the term ''trap and trace device'' means a device or process which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted; or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication, provided, however, that such information shall not include the contents of any communication;
Note: The changes in this subsection (subsection (4)) are NOT sunsetted on December 31, 2005-- Patriot I, Sec. 224

     (5) the term ''attorney for the Government'' has the meaning given such term for the purposes of the Federal Rules of Criminal Procedure; and
(Next Changes->)
(Next Patriot II Changes->)

     (6) the term ''State'' means a State, the District of Columbia, Puerto Rico, and any other possession or territory of the United States.

misc administrative details omitted

AMENDMENTS
2001 - Par. (1). Pub. L. 107-56 (Patriot I), Sec. 216(c)(4), struck out ''and'' after '' 'electronic communication','' and inserted '', and 'contents' '' after '' 'electronic communication service' ''.

Par. (2)(A). Pub. L. 107-56, Sec. 216(c)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: ''a district court of the United States (including a magistrate judge of such a court) or a United States Court of Appeals; or''.

Par. (3). Pub. L. 107-56, Sec. 216(c)(2), substituted ''dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, provided, however, that such information shall not include the contents of any communication'' for ''electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached'' and inserted ''or process'' after ''device'' wherever appearing.

Par. (4). Pub. L. 107-56, Sec. 216(c)(3), inserted ''or process'' after ''means a device'' and substituted ''or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication, provided, however, that such information shall not include the contents of any communication;'' for ''of an instrument or device from which a wire or electronic communication was transmitted;''.

1988 - Pub. L. 100-690 renumbered section 3126 of this title as this section.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2711 of this title;
title 47 section 1002;
title 50 section 1841.

 18 USC Sec. 3142  Has Changes                                   01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

Sec. 3142. Release or detention of a defendant pending trial

     (a) In General. - Upon the appearance before a judicial officer of a person charged with an offense, the judicial officer shall issue an order that, pending trial, the person be -

     (1) released on personal recognizance or upon execution of an unsecured appearance bond, under subsection (b) of this section;
     (2) released on a condition or combination of conditions under subsection (c) of this section;
     (3) temporarily detained to permit revocation of conditional release, deportation, or exclusion under subsection (d) of this section; or
     (4) detained under subsection (e) of this section.

     (b) Release on Personal Recognizance or Unsecured Appearance Bond. -
The judicial officer shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a Federal, State, or local crime during the period of release, unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community.

     (c) Release on Conditions. -

     (1) If the judicial officer determines that the release described in subsection (b) of this section will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community, such judicial officer shall order the pretrial release of the person -

     (A) subject to the condition that the person not commit a Federal, State, or local crime during the period of release; and
     (B) subject to the least restrictive further condition, or combination of conditions, that such judicial officer determines will reasonably assure the appearance of the person as required and the safety of any other person and the community, which may include the condition that the person -

     (i) remain in the custody of a designated person, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is able reasonably to assure the judicial officer that the person will appear as required and will not pose a danger to the safety of any other person or the community;
     (ii) maintain employment, or, if unemployed, actively seek employment;
     (iii) maintain or commence an educational program;
     (iv) abide by specified restrictions on personal associations, place of abode, or travel;
     (v) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense;
     (vi) report on a regular basis to a designated law enforcement agency, pretrial services agency, or other agency;
     (vii) comply with a specified curfew;
     (viii) refrain from possessing a firearm, destructive device, or other dangerous weapon;
     (ix) refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), without a prescription by a licensed medical practitioner;
     (x) undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose;
     (xi) execute an agreement to forfeit upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required, and shall provide the court with proof of ownership and the value of the property along with information regarding existing encumbrances as the judicial office may require;
     (xii) execute a bail bond with solvent sureties; who will execute an agreement to forfeit in such amount as is reasonably necessary to assure appearance of the person as required and shall provide the court with information regarding the value of the assets and liabilities of the surety if other than an approved surety and the nature and extent of encumbrances against the surety's property; such surety shall have a net worth which shall have sufficient unencumbered value to pay the amount of the bail bond;
     (xiii) return to custody for specified hours following release for employment, schooling, or other limited purposes; and
     (xiv) satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community.

     (2) The judicial officer may not impose a financial condition that results in the pretrial detention of the person.
     (3) The judicial officer may at any time amend the order to impose additional or different conditions of release.

     (d) Temporary Detention To Permit Revocation of Conditional Release, Deportation, or Exclusion. -
If the judicial officer determines that -

     (1) such person -

     (A) is, and was at the time the offense was committed, on -

     (i) release pending trial for a felony under Federal, State, or local law;
     (ii) release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under Federal, State, or local law; or
     (iii) probation or parole for any offense under Federal, State, or local law; or

     (B) is not a citizen of the United States or lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); and

     (2) such person may flee or pose a danger to any other person or the community;

     such judicial officer shall order the detention of such person, for a period of not more than ten days, excluding Saturdays, Sundays, and holidays, and direct the attorney for the Government to notify the appropriate court, probation or parole official, or State or local law enforcement official, or the appropriate official of the Immigration and Naturalization Service. If the official fails or declines to take such person into custody during that period, such person shall be treated in accordance with the other provisions of this section, notwithstanding the applicability of other provisions of law governing release pending trial or deportation or exclusion proceedings. If temporary detention is sought under paragraph (1)(B) of this subsection, such person has the burden of proving to the court such person's United States citizenship or lawful admission for permanent residence.

     (e) Detention. -
If, after a hearing pursuant to the provisions of subsection (f) of this section, the judicial officer finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, such judicial officer shall order the detention of the person before trial. In a case described in subsection (f)(1) of this section, a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the safety of any other person and the community if such judicial officer finds that -

     (1) the person has been convicted of a Federal offense that is described in subsection (f)(1) of this section, or of a State or local offense that would have been an offense described in subsection (f)(1) of this section if a circumstance giving rise to Federal jurisdiction had existed;
     (2) the offense described in paragraph (1) of this subsection was committed while the person was on release pending trial for a Federal, State, or local offense; and
     (3) a period of not more than five years has elapsed since the date of conviction, or the release of the person from imprisonment, for the offense described in paragraph (1) of this subsection, whichever is later.

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     Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that there is probable cause to believe that the person committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.), or an offense under section 924(c), 956(a), or 2332b of title 18 of the United States Code an offense under section 924(c)*, or an offense described in section 2332b(g)(5)(B)*.

     (f) Detention Hearing. -
The judicial officer shall hold a hearing to determine whether any condition or combination of conditions set forth in subsection (c) of this section will reasonably assure the appearance of such person as required and the safety of any other person and the community -

     (1) upon motion of the attorney for the Government, in a case that involves -

     (A) a crime of violence or an offense described in section 2332b(g)(5)(B);
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     (B) an offense for which the maximum sentence is life imprisonment or death;
     (C) an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.); or
     (D) any felony if such person has been convicted of two or more offenses described in subparagraphs (A) through (C) of this paragraph, or two or more State or local offenses that would have been offenses described in subparagraphs (A) through (C) of this paragraph if a circumstance giving rise to Federal jurisdiction had existed, or a combination of such offenses; or

     (2) upon motion of the attorney for the Government or upon the judicial officer's own motion in a case, that involves -

     (A) a serious risk that such person will flee; or
     (B) a serious risk that such person will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror.

     The hearing shall be held immediately upon the person's first appearance before the judicial officer unless that person, or the attorney for the Government, seeks a continuance. Except for good cause, a continuance on motion of such person may not exceed five days (not including any intermediate Saturday, Sunday, or legal holiday), and a continuance on motion of the attorney for the Government may not exceed three days (not including any intermediate Saturday, Sunday, or legal holiday). During a continuance, such person shall be detained, and the judicial officer, on motion of the attorney for the Government or sua sponte, may order that, while in custody, a person who appears to be a narcotics addict receive a medical examination to determine whether such person is an addict. At the hearing, such person has the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed. The person shall be afforded an opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise. The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing. The facts the judicial officer uses to support a finding pursuant to subsection (e) that no condition or combination of conditions will reasonably assure the safety of any other person and the community shall be supported by clear and convincing evidence. The person may be detained pending completion of the hearing. The hearing may be reopened, before or after a determination by the judicial officer, at any time before trial if the judicial officer finds that information exists that was not known to the movant at the time of the hearing and that has a material bearing on the issue whether there are conditions of release that will reasonably assure the appearance of such person as required and the safety of any other person and the community.

     (g) Factors To Be Considered. -
The judicial officer shall, in determining whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community, take into account the available information concerning -

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     (1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence or an offense described in section 2332b(g)(5)(B)* or involves a narcotic drug;
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     (2) the weight of the evidence against the person;
     (3) the history and characteristics of the person, including -

     (A) the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and
     (B) whether, at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State, or local law; and

     (4) the nature and seriousness of the danger to any person or the community that would be posed by the person's release. In considering the conditions of release described in subsection (c)(1)(B)(xi) or (c)(1)(B)(xii) of this section, the judicial officer may upon his own motion, or shall upon the motion of the Government, conduct an inquiry into the source of the property to be designated for potential forfeiture or offered as collateral to secure a bond, and shall decline to accept the designation, or the use as collateral, of property that, because of its source, will not reasonably assure the appearance of the person as required.

     (h) Contents of Release Order. - In a release order issued under subsection (b) or (c) of this section, the judicial officer shall -

     (1) include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the person's conduct; and
     (2) advise the person of -

     (A) the penalties for violating a condition of release, including the penalties for committing an offense while on pretrial release;
     (B) the consequences of violating a condition of release, including the immediate issuance of a warrant for the person's arrest; and
     (C) sections 1503 of this title (relating to intimidation of witnesses, jurors, and officers of the court), 1510 (relating to obstruction of criminal investigations), 1512 (tampering with a witness, victim, or an informant), and 1513 (retaliating against a witness, victim, or an informant).

     (i) Contents of Detention Order. -
In a detention order issued under subsection (e) of this section, the judicial officer shall -

     (1) include written findings of fact and a written statement of the reasons for the detention;
     (2) direct that the person be committed to the custody of the Attorney General for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal;
     (3) direct that the person be afforded reasonable opportunity for private consultation with counsel; and
     (4) direct that, on order of a court of the United States or on request of an attorney for the Government, the person in charge of the corrections facility in which the person is confined deliver the person to a United States marshal for the purpose of an appearance in connection with a court proceeding.

     The judicial officer may, by subsequent order, permit the temporary release of the person, in the custody of a United States marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person's defense or for another compelling reason.

     (j) Presumption of Innocence. - Nothing in this section shall be construed as modifying or limiting the presumption of innocence.

administrative details omitted

REFERENCES IN TEXT
The Controlled Substances Act, referred to in subsecs. (e) and (f)(1)(C), is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to (became) subchapter I (Sec. 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

The Controlled Substances Import and Export Act, referred to in subsecs. (e) and (f)(1)(C), is title III of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1285, as amended, which is classified principally to subchapter II (Sec. 951 et seq.) of chapter 13 of Title 21. For complete classification of this Act to the Code, see Short Title note set out under section 951 of Title 21 and Tables.

The Maritime Drug Law Enforcement Act, referred to in subsecs. (e) and (f)(1)(C), is Pub. L. 96-350, Sept. 15, 1980, 94 Stat. 1159, as amended, which is classified generally to chapter 38 (Sec. 1901 et seq.) of Title 46, Appendix, Shipping. For complete classification of this Act to the Code, see section 1901 of Title 46, Appendix, and Tables.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2263, 3041, 3042, 3062, 3143, 3144, 3146, 3148, 3156, 3264, 3265, 3582, 4014 of this title;
title 8 sections 1536, 1537;
title 28 section 636.

 18 USC Sec. 3181 Has Changes                                        01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 209 - EXTRADITION

Sec. 3181. Scope and limitation of chapter

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     (a) The provisions of this chapter, other than sections 3197* and 3198*, relating to the surrender of persons who have committed crimes in foreign countries shall continue in force only during the existence of any treaty of extradition with such foreign government.
     (b) The provisions of this chapter, other than sections 3197* and 3198*, shall be construed to permit, in the exercise of comity*, the surrender of persons, other than citizens, nationals, or permanent residents of the United States, who have committed crimes of violence against nationals of the United States in foreign countries without regard to the existence of any treaty of extradition with such foreign government if the Attorney General certifies, in writing, that -
     (1) evidence has been presented by the foreign government that indicates that had the offenses been committed in the United States, they would constitute crimes of violence as defined under section 16 of this title; and
     (2) the offenses charged are not of a political nature.
     (c) As used in this section, the term ''national of the United States'' has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
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*"Comity (of nations) 1: the courtesy and friendship of nations, marked esp. by mutual recognition of executive, legislative, and judicial acts" - Merriam Webster's Collegiate Dictionary 10th edition

misc administrative details omitted

TREATIES OF EXTRADITION
The United States currently has bilateral extradition treaties with the following countries:
--------------------------------------
Country      :          (Dates Omitted for brevity)
 -------------------------------------
Albania      
Antigua and Barbuda      :                            :                                 :
Argentina  
Australia  
Austria  
Bahamas
Barbados
Belgium 
Belize
Bolivia 
Brazil
Bulgaria
Burma  
Canada
Chile
Colombia
Congo
Costa Rica
Cuba
Cyprus
Czech  Republic
Denmark
Dominica
Dominican Republic   
Ecuador
Egypt
El Salvador
Estonia
Fiji
Finland
France 
Gambia
Germany
Ghana
Greece
Grenada
Guatemala
Guyana
Haiti
Honduras
Hong Kong
Hungary
Iceland
India
Iraq
Ireland
Israel
Italy
Jamaica
Japan
Jordan
Kenya
Kiribati
Korea
Latvia
Lesotho
Liberia
Liechtenstein
Lithuania
Luxembourg
Malawi
Malaysia
Malta
Mauritius
Mexico
Monaco
Nauru
Netherlands
New Zealand
Nicaragua
Nigeria
Norway
Pakistan
Panama.
Papua New Guinea
Paraguay
Peru
Philippines
Poland
Portugal
Romania
Saint Christopher and Nevis
Saint Lucia
Saint Vincent and the Grenadines
San Marino
Seychelles
Sierra Leone
Singapore
Slovac Republic
Solomon Islands
South Africa
Spain
Sri Lanka
Suriname
Swaziland
Sweden
Switzerland
Tanzania
Thailand
Tonga
Trinidad and Tobago
Turkey
Tuvalu
United Kingdom
Uruguay
Venezuela
Yugoslavia (FOOTNOTE 1)
Zambia
Zimbabwe
-------------------------------
(FOOTNOTE 1) For the successor States of Yugoslavia, inquire of the Treaty Office of the United States Department of State.

CONVENTION ON EXTRADITION
The United States is a party to the Multilateral Convention on Extradition signed at Montevideo on Dec. 26, 1933, entered into force for the United States on Jan. 25, 1935. 49 Stat. 3111. Other states which have become parties: Argentina, Chile, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3184 of this title.

 18 USC Sec. 3184                                                                01/22/02

Sec. 3184. Fugitives from foreign country to United States

     Whenever there is a treaty or convention for extradition between the United States and any foreign government, or in cases arising under section 3181(b), any justice or judge of the United States, or any magistrate judge authorized so to do by a court of the United States, or any judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within his jurisdiction, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, or provided for under section 3181(b), issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or magistrate judge, to the end that the evidence of criminality may be heard and considered.

     Such complaint may be filed before and such warrant may be issued by a judge or magistrate judge of the United States District Court for the District of Columbia if the whereabouts within the United States of the person charged are not known or, if there is reason to believe the person will shortly enter the United States.

     If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, or under section 3181(b), he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3186 of this title.

 18 USC Sec. 3197  Proposed by Patriot II                            Not Yet Enacted

Sec. 3197. Extradition for Offenses Not Covered by an Existing Treaty.

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     (a) The provisions of this Chapter shall also be construed to permit the extradition of any person, regardless of nationality, to any country with which an extradition treaty or convention remains in force, and the procedures set forth in this Chapter and in the treaty or convention shall apply, even if the offense for which extradition is requested is not expressly included in a list of extraditable crimes in such treaty or convention, if

     (1) the offense for which extradition is sought is punishable by more than one year's imprisonment in the requesting state;
     (2) the conduct with which the person is charged or convicted, had it occurred in the United States, would constitute an offense punishable by more than one year's imprisonment; and
     (3) the requesting state affirms, through the diplomatic channel, that it would grant reciprocal extradition for similar conduct in response to a request made by the United States.

 18 USC Sec. 3198  Proposed by Patriot II                            Not Yet Enacted

     (1) an offense described in any multilateral treaty to which the United States is a party that obligates parties --

     (A) to extradite alleged offenders found in the territory of the parties; or
     (B) submit the case to the competent authorities of the parties for prosecution; or

     (2) conduct that, if that conduct occurred in the United States, would constitute

     (A) a crime of violence (as defined in section 16);
     (B) the distribution, manufacture, importation or exportation of a controlled substance (as defined in section 201 of the Controlled Substances Act (21 U.S.C. 802);
     (C) bribery of a public official; misappropriation, embezzlement or theft of public funds by or for the benefit of a public official;
     (D) obstruction of justice, including payment of bribes to jurors or witnesses;
     (E) the laundering of monetary instruments, as described in section 1956, if the value of the monetary instruments involved exceeds $100,000;
     (F) fraud, theft, embezzlement, or commercial bribery if the aggregate value of property that is the object of all of the offenses related to the conduct exceeds $100,000;
     (G) counterfeiting, if the, obligations, securities or other items counterfeited, have an apparent value that exceeds $100,000;
     (II) a crime against children under chapter 109A or section 2251, 2251A, 2252, or 2252A; or Note: probably "(H)"
     (I) a conspiracy or attempt to commit any of the offenses described in any of subparagraphs (A) through (II) ("(H)"), or aiding and abetting a person who commits any such offense.

     (1) IN GENERAL -- The Secretary of State may --

     (A) impose conditions upon the surrender of a person sought for extradition under this section; and
     (B) require such assurances of compliance with those conditions, as the Secretary determines to be appropriate.

     (2) ADDITIONAL ASSURANCES -- In addition to imposing conditions and requiring assurances under paragraph (1), the Secretary shall demand, as a condition of the extradition of the person that is sought for extradition --

     (A) in every case, an assurance the Secretary determines to be satisfactory that the person shall not be tried or punished for an offense other than the offense for which the person has been extradited, absent the consent of the United States; and
     (B) in a case in which the offense for which extradition is sought is punishable by death in the foreign country of the requesting foreign government and is not so punishable under the applicable laws in the United States, an assurance the Secretary determines to be satisfactory that the death penalty

     (i) shall not be imposed; or
     (ii) if imposed, shall not be carried out.
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 18 USC Sec. 3261                                                                     01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 212 - MILITARY EXTRATERRITORIAL JURISDICTION

Sec. 3261. Criminal offenses committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside the United States

     (a) Whoever engages in conduct outside the United States that would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States -

     (1) while employed by or accompanying the Armed Forces outside the United States; or
     (2) while a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice),

     shall be punished as provided for that offense.

     (b) No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated.

     (c) Nothing in this chapter may be construed to deprive a court-martial, military commission, provost court, or other military tribunal of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by a court-martial, military commission, provost court, or other military tribunal.

     (d) No prosecution may be commenced against a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice) under this section unless -

     (1) such member ceases to be subject to such chapter; or
     (2) an indictment or information charges that the member committed the offense with one or more other defendants, at least one of whom is not subject to such chapter.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 7, 3262, 3263, 3264, 3265 of this title.

 18 USC Sec. 3282                                                                   01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 213 - LIMITATIONS

Sec. 3282. Offenses not capital

     Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1091, 3286 of this title.

 18 USC Sec. 3286  Has Changes                                      01/22/02

Sec. 3286. Extension of statute of limitation for certain terrorism offenses

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     Notwithstanding section 3282, no person shall be prosecuted, tried, or punished for any non-capital offense involving a violation of section 32 (aircraft destruction), section 37 (airport violence), section 112 (assaults upon diplomats), section 351 (crimes against Congressmen or Cabinet officers), section 1116 (crimes against diplomats), section 1203 (hostage taking), section 1361 (willful injury to government property), section 1751 (crimes against the President), section 2280 (maritime violence), section 2281 (maritime platform violence), section 2332 (terrorist acts abroad against United States nationals), section 2332a (use of weapons of mass destruction), 2332b (acts of terrorism transcending national boundaries), or section 2340A (torture) of this title or section 46502, 46504, 46505, or 46506 of title 49, unless the indictment is found or the information is instituted within 8 years after the offense was committed.
     (a) Eight-Year Limitation. -
Notwithstanding section 3282, no person shall be prosecuted, tried, or punished for any noncapital offense involving a violation of any provision listed in section 2332b(g)(5)(B), or a violation of section 112, 351(e), 1361, or 1751(e) of this title, or section 46504, 46505, or 46506 of title 49, unless the indictment is found or the information is instituted within 8 years after the offense was committed. Notwithstanding the preceding sentence, offenses listed in section 3295 are subject to the statute of limitations set forth in that section.

     (b) No Limitation. -
Notwithstanding any other law, an indictment may be found or an information instituted at any time without limitation for any offense listed in section 2332b(g)(5)(B)*, if the commission of such offense resulted in, or created a forseeable risk of, death or serious bodily injury to another person. (Pat II)
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misc administrative details omitted

AMENDMENTS
2001 - Pub. L. 107-56 (Patriot I) reenacted section catchline without change and amended text generally. Text read as follows:
''Notwithstanding section 3282, no person shall be prosecuted, tried, or punished for any non-capital offense involving a violation of section 32 (aircraft destruction), section 37 (airport violence), section 112 (assaults upon diplomats), section 351 (crimes against Congressmen or Cabinet officers), section 1116 (crimes against diplomats), section 1203 (hostage taking), section 1361 (willful injury to government property), section 1751 (crimes against the President), section 2280 (maritime violence), section 2281 (maritime platform violence), section 2332 (terrorist acts abroad against United States nationals), section 2332a (use of weapons of mass destruction), 2332b (acts of terrorism transcending national boundaries), or section 2340A (torture) of this title or section 46502, 46504, 46505, or 46506 of title 49, unless the indictment is found or the information is instituted within 8 years after the offense was committed.''

other amendment details omitted

EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-56, title VIII, Sec. 809(b), Oct. 26, 2001, 115 Stat. 380, provided that: ''The amendments made by this section (amending this section) shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section (Oct. 26, 2001).''

EFFECTIVE DATE
Section 120001(b) of Pub. L. 103-322 provided that: ''The amendment made by subsection (a) (enacting this section) shall not apply to any offense committed more than 5 years prior to the date of enactment of this Act (Sept. 13, 1994).''

 18 USC Sec. 3295                                                                        01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 213 - LIMITATIONS

Sec. 3295. Arson offenses

    No person shall be prosecuted, tried, or punished for any non-capital offense under section 81 or subsection (f), (h), or (i) of section 844 unless the indictment is found or the information is instituted not later than 10 years after the date on which the offense was committed.

administrative detail omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3286 of this title.

 18 USC Sec. 3322                                                             01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 215 - GRAND JURY

Sec. 3322. Disclosure of certain matters occurring before grand jury

     (a) A person who is privy to grand jury information -

     (1) received in the course of duty as an attorney for the government; or
     (2) disclosed under rule 6(e)(3)(A)(ii) of the Federal Rules of Criminal Procedure;

     may disclose that information to an attorney for the government for use in enforcing section 951 of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 or for use in connection with any civil forfeiture provision of Federal law.

     (b)

     (1) Upon motion of an attorney for the government, a court may direct disclosure of matters occurring before a grand jury during an investigation of a banking law violation to identified personnel of a Federal or State financial institution regulatory agency -

     (A) for use in relation to any matter within the jurisdiction of such regulatory agency; or
     (B) to assist an attorney for the government to whom matters have been disclosed under subsection (a).

     (2) A court may issue an order under paragraph (1) at any time during or after the completion of the investigation of the grand jury, upon a finding of a substantial need.

     (c) A person to whom matter has been disclosed under this section shall not use such matter other than for the purpose for which such disclosure was authorized.

     (d) As used in this section -

     (1) the term ''banking law violation'' means a violation of, or a conspiracy to violate -

     (A) section 215, 656, 657, 1005, 1006, 1007, 1014, or 1344; or
     (B) section 1341 or 1343 affecting a financial institution;

     (2) the term ''attorney for the government'' has the meaning given such term in the Federal Rules of Criminal Procedure; and
     (3) the term ''grand jury information'' means matters occurring before a grand jury other than the deliberations of the grand jury or the vote of any grand juror.

administrative detail omitted

REFERENCES IN TEXT
Section 951 of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, referred to in subsec. (a), is classified to section 1833a of Title 12, Banks and Banking.

The Federal Rules of Criminal Procedure, referred to in subsecs. (a)(2) and (d)(2), are set out in the Appendix to this title.
misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1345 of this title.

 18 USC Sec. 3486                                                                  01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 223 - WITNESSES AND EVIDENCE

Sec. 3486. Administrative subpoenas

     (a) Authorization. -

     (1)

     (A) In any investigation of -

     (i)

     (I) a Federal health care offense; or
     (II) a Federal offense involving the sexual exploitation or abuse of children, the Attorney General; or

     (ii) an offense under section 871 or 879, or a threat against a person protected by the United States Secret Service under paragraph (5) or (6) of section 3056, (FOOTNOTE 1) if the Director of the Secret Service determines that the threat constituting the offense or the threat against the person protected is imminent, the Secretary of the Treasury,
(FOOTNOTE 1) So in original. Probably should be section ''3056(a),''.

     may issue in writing and cause to be served a subpoena requiring the production and testimony described in subparagraph (B).

     (B) Except as provided in subparagraph (C), a subpoena issued under subparagraph (A) may require -

     (i) the production of any records or other things relevant to the investigation; and
     (ii) testimony by the custodian of the things required to be produced concerning the production and authenticity of those things.

     (C) A subpoena issued under subparagraph (A) with respect to a provider of electronic communication service or remote computing service, in an investigation of a Federal offense involving the sexual exploitation or abuse of children shall not extend beyond -

     (i) requiring that provider to disclose the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of such service and the types of services the subscriber or customer utilized, which may be relevant to an authorized law enforcement inquiry; or
     (ii) requiring a custodian of the records of that provider to give testimony concerning the production and authentication of such records or information.

     (D) As used in this paragraph, the term ''Federal offense involving the sexual exploitation or abuse of children'' means an offense under section 1201, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423, in which the victim is an individual who has not attained the age of 18 years.

     (2) A subpoena under this subsection shall describe the objects required to be produced and prescribe a return date within a reasonable period of time within which the objects can be assembled and made available.
     (3) The production of records relating to a Federal health care offense shall not be required under this section at any place more than 500 miles distant from the place where the subpoena for the production of such records is served. The production of things in any other case may be required from any place within the United States or subject to the laws or jurisdiction of the United States.
     (4) Witnesses subpoenaed under this section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.
     (5) At any time before the return date specified in the summons, the person or entity summoned may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the summons, or a prohibition of disclosure ordered by a court under paragraph (6).
     (6)

     (A) A United State (FOOTNOTE 2) district court for the district in which the summons is or will be served, upon application of the United States, may issue an ex parte order that no person or entity disclose to any other person or entity (other than to an attorney in order to obtain legal advice) the existence of such summons for a period of up to 90 days.
(FOOTNOTE 2) So in original.
     (B) Such order may be issued on a showing that the things being sought may be relevant to the investigation and there is reason to believe that such disclosure may result in -

     (i) endangerment to the life or physical safety of any person;
     (ii) flight to avoid prosecution;
     (iii) destruction of or tampering with evidence; or
     (iv) intimidation of potential witnesses.

     (C) An order under this paragraph may be renewed for additional periods of up to 90 days upon a showing that the circumstances described in subparagraph (B) continue to exist.

     (7) A summons issued under this section shall not require the production of anything that would be protected from production under the standards applicable to a subpoena duces tecum issued by a court of the United States.
     (8) If no case or proceeding arises from the production of records or other things pursuant to this section within a reasonable time after those records or things are produced, the agency to which those records or things were delivered shall, upon written demand made by the person producing those records or things, return them to that person, except where the production required was only of copies rather than originals.
     (9) A subpoena issued under paragraph (1)(A)(i)(II) or (1)(A)(ii) may require production as soon as possible, but in no event less than 24 hours after service of the subpoena.
     (10) As soon as practicable following the issuance of a subpoena under paragraph (1)(A)(ii), the Secretary of the Treasury shall notify the Attorney General of its issuance.

     (b) Service. -
A subpoena issued under this section may be served by any person who is at least 18 years of age and is designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service.

     (c) Enforcement. -
In the case of contumacy by or refusal to obey a subpoena issued to any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpoenaed person is an inhabitant, or in which he carries on business or may be found, to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person to appear before the Attorney General to produce records, if so ordered, or to give testimony concerning the production and authentication of such records. Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in any judicial district in which such person may be found.

     (d) Immunity From Civil Liability. -
Notwithstanding any Federal, State, or local law, any person, including officers, agents, and employees, receiving a subpoena under this section, who complies in good faith with the subpoena and thus produces the materials sought, shall not be liable in any court of any State or the United States to any customer or other person for such production or for nondisclosure of that production to the customer.

     (e) Limitation on Use. -

     (1) Health information about an individual that is disclosed under this section may not be used in, or disclosed to any person for use in, any administrative, civil, or criminal action or investigation directed against the individual who is the subject of the information unless the action or investigation arises out of and is directly related to receipt of health care or payment for health care or action involving a fraudulent claim related to health; or if authorized by an appropriate order of a court of competent jurisdiction, granted after application showing good cause therefor.
     (2) In assessing good cause, the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services.
     (3) Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1510 of this title.