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50 USC Sec. 1822 01/02/01
Extract of the United States Code, Title 50, Sec's 1822 - Appendix.
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
SUBCHAPTER II - PHYSICAL SEARCHES
Sec. 1822. Authorization of physical searches for foreign intelligence
purposes
(a) Presidential authorization
(1) Notwithstanding any other provision of law, the President, acting through the Attorney General, may authorize physical searches without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if -
(A) the Attorney General certifies in writing under oath that -
(i) the physical search is solely directed at premises, information, material, or property used exclusively by, or under the open and exclusive control of, a foreign power or powers (as defined in section 1801(a)(1), (2), or (3) of this title);
(ii) there is no substantial likelihood that the physical search will involve the premises, information, material, or property of a United States person; and
(iii) the proposed minimization procedures with respect to such physical search meet the definition of minimization procedures under paragraphs (1) through (4) (FOOTNOTE 1) of section 1821(4) of this title; and
(FOOTNOTE 1) So in original. Probably should be ''subparagraphs (A) through (D)''.(B) the Attorney General reports such minimization procedures and any changes thereto to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate at least 30 days before their effective date, unless the Attorney General determines that immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.
(2) A physical search authorized by this subsection may be conducted only in accordance with the certification and minimization procedures adopted by the Attorney General. The Attorney General shall assess compliance with such procedures and shall report such assessments to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate under the provisions of section 1826 of this title.
(3) The Attorney General shall immediately transmit under seal to the Foreign Intelligence Surveillance Court a copy of the certification. Such certification shall be maintained under security measures established by the Chief Justice of the United States with the concurrence of the Attorney General, in consultation with the Director of Central Intelligence, and shall remain sealed unless -(A) an application for a court order with respect to the physical search is made under section 1821(4) of this title and section 1823 of this title; or
(B) the certification is necessary to determine the legality of the physical search under section 1825(g) of this title.(4)
(A) With respect to physical searches authorized by this subsection, the Attorney General may direct a specified landlord, custodian, or other specified person to -
(i) furnish all information, facilities, or assistance necessary to accomplish the physical search in such a manner as will protect its secrecy and produce a minimum of interference with the services that such landlord, custodian, or other person is providing the target of the physical search; and
(ii) maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any records concerning the search or the aid furnished that such person wishes to retain.(B) The Government shall compensate, at the prevailing rate, such landlord, custodian, or other person for furnishing such aid.
(b) Application for order; authorization
Applications for a court order under this subchapter are authorized if the
President has, by written authorization, empowered the Attorney General to
approve applications to the Foreign Intelligence Surveillance Court.
Notwithstanding any other provision of law, a judge of the court to whom
application is made may grant an order in accordance with section 1824 of this
title approving a physical search in the United States of the premises,
property, information, or material of a foreign power or an agent of a foreign
power for the purpose of collecting foreign intelligence information.
(c) Jurisdiction of Foreign Intelligence
Surveillance Court
The Foreign Intelligence Surveillance Court shall have jurisdiction to hear
applications for and grant orders approving a physical search for the purpose of
obtaining foreign intelligence information anywhere within the United States
under the procedures set forth in this subchapter, except that no judge shall
hear the same application which has been denied previously by another judge
designated under section 1803(a) of this title. If any judge so designated
denies an application for an order authorizing a physical search under this
subchapter, such judge shall provide immediately for the record a written
statement of each reason for such decision and, on motion of the United States,
the record shall be transmitted, under seal, to the court of review established
under section 1803(b) of this title.
(d) Court of review; record; transmittal to Supreme
Court
The court of review established under section 1803(b) of this title shall have jurisdiction to review the denial of any application made under this subchapter. If such court determines that the application was properly denied, the court shall immediately provide for the record a written statement of each reason for its decision and, on petition of the United States for a writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision.
(e) Expeditious conduct of proceedings; security
measures for maintenance of records
Judicial proceedings under this subchapter shall be concluded as expeditiously
as possible. The record of proceedings under this subchapter, including
applications made and orders granted, shall be maintained under security
measures established by the Chief Justice of the United States in consultation
with the Attorney General and the Director of Central Intelligence.
-SOURCE-
(Pub. L. 95-511, title III, Sec. 302, as added Pub. L. 103-359, title VIII, Sec.
807(a)(3), Oct. 14, 1994, 108 Stat. 3444.)
EX. ORD. NO. 12949. FOREIGN INTELLIGENCE PHYSICAL SEARCHES
Ex. Ord. No. 12949, Feb. 9, 1995, 60 F.R. 8169, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States, including sections 302 and 303
of the Foreign Intelligence Surveillance Act of 1978 (''Act'') (50 U.S.C. 1801,
et seq.), as amended by Public Law 103-359 (50 U.S.C. 1822, 1823), and in order
to provide for the authorization of physical searches for foreign intelligence
purposes as set forth in the Act, it is hereby ordered as follows:
Section 1. Pursuant to section 302(a)(1) of the Act,
the Attorney General is authorized to approve physical searches, without a court
order, to acquire foreign intelligence information for periods of up to one
year, if the Attorney General makes the certifications required by that section.
Sec. 2. Pursuant to section 302(b) of the Act, the
Attorney General is authorized to approve applications to the Foreign
Intelligence Surveillance Court under section 303 of the Act to obtain orders
for physical searches for the purpose of collecting foreign intelligence
information.
Sec. 3. Pursuant to section 303(a)(7) of the Act, the
following officials, each of whom is employed in the area of national security
or defense, is designated to make the certifications required by section
303(a)(7) of the Act in support of applications to conduct physical searches:
(a) Secretary of State;
(b) Secretary of Defense;
(c) Director of Central Intelligence;
(d) Director of the Federal Bureau of Investigation,
(e) Deputy Secretary of State;
(f) Deputy Secretary of Defense; and
(g) Deputy Director of Central Intelligence.
None of the above officials, nor anyone officially
acting in that capacity, may exercise the authority to make the above
certifications, unless that official has been appointed by the President, by and
with the advice and consent of the Senate.
William J. Clinton.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1821, 1824 of this title.
50 USC Sec. 1823 Has Changes 01/02/01
Sec. 1823. Application for order
(a) Submission by Federal officer; approval of Attorney
General; contents
Each application for an order approving a physical search under this subchapter
shall be made by a Federal officer in writing upon oath or affirmation to a
judge of the Foreign Intelligence Surveillance Court. Each application shall
require the approval of the Attorney General based upon the Attorney General's
finding that it satisfies the criteria and requirements for such application as
set forth in this subchapter. Each application shall include -
(1) the identity of the Federal officer making the application;
(2) the authority conferred on the Attorney General by the President and the approval of the Attorney General to make the application;
(3) the identity, if known, or a description of the target of the search, and a detailed description of the premises or property to be searched and of the information, material, or property to be seized, reproduced, or altered;
(4) a statement of the facts and circumstances relied upon by the applicant to justify the applicant's belief that -(A) the target of the physical search is a foreign power or an agent of a foreign power;
(B) the premises or property to be searched contains foreign intelligence information; and
(C) the premises or property to be searched is owned, used, possessed by, or is in transit to or from a foreign power or an agent of a foreign power;(5) a statement of the proposed minimization procedures;
(6) a statement of the nature of the foreign intelligence sought and the manner in which the physical search is to be conducted;
(7) a certification or certifications by the Assistant to the President for National Security Affairs or an executive branch official or officials designated by the President from among those executive branch officers employed in the area of national security or defense and appointed by the President, by and with the advice and consent of the Senate -(<-- Previous Changes)
(A) that the certifying official deems the information sought to be foreign intelligence information;
(B) thatthe purposea significant purpose of the search is to obtain foreign intelligence information;
(C) that such information cannot reasonably be obtained by normal investigative techniques;
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(D) that designates the type of foreign intelligence information being sought according to the categories described in section 1801(e) of this title; and
(E) includes a statement explaining the basis for the certifications required by subparagraphs (C) and (D);(8) where the physical search involves a search of the residence of a United States person, the Attorney General shall state what investigative techniques have previously been utilized to obtain the foreign intelligence information concerned and the degree to which these techniques resulted in acquiring such information; and
(9) a statement of the facts concerning all previous applications that have been made to any judge under this subchapter involving any of the persons, premises, or property specified in the application, and the action taken on each previous application.
(b) Additional affidavits or certifications
The Attorney General may require any other affidavit or certification from any
other officer in connection with the application.
(c) Additional information
The judge may require the applicant to furnish such other information as may be
necessary to make the determinations required by section 1824 of this title.
(d) Personal review by Attorney General
(1)
(A) Upon written request of the Director of the Federal Bureau of Investigation, the Secretary of Defense, the Secretary of State, or the Director of Central Intelligence, the Attorney General shall personally review under subsection (a) of this section an application under that subsection for a target described in section 1801(b)(2) of this title.
(B) Except when disabled or otherwise unavailable to make a request referred to in subparagraph (A), an official referred to in that subparagraph may not delegate the authority to make a request referred to in that subparagraph.
(C) Each official referred to in subparagraph (A) with authority to make a request under that subparagraph shall take appropriate actions in advance to ensure that delegation of such authority is clearly established in the event such official is disabled or otherwise unavailable to make such request.
(2)
(A) If as a result of a request under paragraph (1) the Attorney General determines not to approve an application under the second sentence of subsection (a) of this section for purposes of making the application under this section, the Attorney General shall provide written notice of the determination to the official making the request for the review of the application under that paragraph. Except when disabled or otherwise unavailable to make a determination under the preceding sentence, the Attorney General may not delegate the responsibility to make a determination under that sentence. The Attorney General shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event the Attorney General is disabled or otherwise unavailable to make such determination.
(B) Notice with respect to an application under subparagraph (A) shall set forth the modifications, if any, of the application that are necessary in order for the Attorney General to approve the application under the second sentence of subsection (a) of this section for purposes of making the application under this section.
(C) Upon review of any modifications of an application set forth under subparagraph (B), the official notified of the modifications under this paragraph shall modify the application if such official determines that such modification is warranted. Such official shall supervise the making of any modification under this subparagraph. Except when disabled or otherwise unavailable to supervise the making of any modification under the preceding sentence, such official may not delegate the responsibility to supervise the making of any modification under that preceding sentence. Each such official shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event such official is disabled or otherwise unavailable to supervise the making of such modification.
misc administrative
details omitted
OFFICIALS DESIGNATED TO MAKE CERTIFICATIONS
For provisions listing officials designated by President to make certifications
required by subsec. (a)(7) of this section, see Ex. Ord. No. 12949, Sec. 3, Feb.
9, 1995, 60 F.R. 8169, set out as a note under section 1822 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1822, 1824 of this title.
50 USC Sec. 1824 Has Changes 01/02/01
Sec. 1824. Issuance of order
(a) Necessary findings
Upon an application made pursuant to section 1823 of this title, the judge shall
enter an ex parte order as requested or as modified approving the physical
search if the judge finds that -
(1) the President has authorized the Attorney General to approve applications for physical searches for foreign intelligence purposes;
(2) the application has been made by a Federal officer and approved by the Attorney General;
(3) on the basis of the facts submitted by the applicant there is probable cause to believe that -(A) the target of the physical search is a foreign power or an agent of a foreign power, except that no United States person may be considered an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and
(B) the premises or property to be searched is owned, used, possessed by, or is in transit to or from an agent of a foreign power or a foreign power;(4) the proposed minimization procedures meet the definition of minimization contained in this subchapter; and
(5) the application which has been filed contains all statements and certifications required by section 1823 of this title, and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 1823(a)(7)(E) of this title and any other information furnished under section 1823(c) of this title.
(b) Determination of probable cause
In determining whether or not probable cause exists for purposes of an order
under subsection (a)(3) of this section, a judge may consider past activities of
the target, as well as facts and circumstances relating to current or future
activities of the target.
(c) Specifications and directions of orders
An order approving a physical search under this section shall -
(1) specify -
(A) the identity, if known, or a description of the target of the physical search;
(B) the nature and location of each of the premises or property to be searched;
(C) the type of information, material, or property to be seized, altered, or reproduced;
(D) a statement of the manner in which the physical search is to be conducted and, whenever more than one physical search is authorized under the order, the authorized scope of each search and what minimization procedures shall apply to the information acquired by each search; and
(E) the period of time during which physical searches are approved; and(2) direct -
(A) that the minimization procedures be followed;
(B) that, upon the request of the applicant, a specified landlord, custodian, or other specified person furnish the applicant forthwith all information, facilities, or assistance necessary to accomplish the physical search in such a manner as will protect its secrecy and produce a minimum of interference with the services that such landlord, custodian, or other person is providing the target of the physical search;
(C) that such landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any records concerning the search or the aid furnished that such person wishes to retain;
(D) that the applicant compensate, at the prevailing rate, such landlord, custodian, or other person for furnishing such aid; and
(E) that the Federal officer conducting the physical search promptly report to the court the circumstances and results of the physical search.
(d) Duration of order; extensions; assessment of compliance
(<-- Previous Changes)
(<-- Previous Patriot II Changes)
(1) An order issued under this section may approve a physical search for the period necessary to achieve its purpose, or for forty-five90 days, whichever is less, except that(A) an order under this section shall approve a physical search targeted against a foreign power, as defined in paragraph (1), (2),
or (3)(3), or (4) of section 1801(a) of this title, for the period specified in the application or for one year, whichever is less, and(B) an order under this section for a physical search targeted against an agent of a foreign power as defined in section 101(b)(1)(A) may be for the period specified in the application or for 120 days, whichever is less.
(2) Extensions of an order issued under this subchapter may be granted on the same basis as the original order upon an application for an extension and new findings made in the same manner as required for the original order, except that an extension of an order under this chapter for a physical search targeted against a foreign power, as defined in section 1801(a)(5) or (6) of this title,
or against a foreign power, as defined in section 1801(a)(4) of this title, that is not a United States person,(Pat II) or against an agent of a foreign power as defined in section 101(b)(1)(A), may be for a period not to exceed one year if the judge finds probable cause to believe that no property of any individual United States person will be acquired during the period.
(3) At or before the end of the period of time for which a physical search is approved by an order or an extension, or at any time after a physical search is carried out, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.
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(e) Emergency orders
(1)
(A) Notwithstanding any other provision of this subchapter, whenever the Attorney General reasonably makes the determination specified in subparagraph (B), the Attorney General may authorize the execution of an emergency physical search if -
(i) a judge having jurisdiction under section 1803 of this title is informed by the Attorney General or the Attorney General's designee at the time of such authorization that the decision has been made to execute an emergency search, and
(ii) an application in accordance with this subchapter is made to that judge as soon as practicable but not more than 24 hours after the Attorney General authorizes such search.(B) The determination referred to in subparagraph (A) is a determination that -
(i) an emergency situation exists with respect to the execution of a physical search to obtain foreign intelligence information before an order authorizing such search can with due diligence be obtained, and
(ii) the factual basis for issuance of an order under this subchapter to approve such a search exists.(2) If the Attorney General authorizes an emergency search under paragraph (1), the Attorney General shall require that the minimization procedures required by this subchapter for the issuance of a judicial order be followed.
(3) In the absence of a judicial order approving such a physical search, the search shall terminate the earlier of -(A) the date on which the information sought is obtained;
(B) the date on which the application for the order is denied; or
(C) the expiration of 24 hours from the time of authorization by the Attorney General.(4) In the event that such application for approval is denied, or in any other case where the physical search is terminated and no order is issued approving the search, no information obtained or evidence derived from such search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such search shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General, if the information indicates a threat of death or serious bodily harm to any person. A denial of the application made under this subsection may be reviewed as provided in section 1822 of this title.
(f) Retention of applications and orders
Applications made and orders granted under this subchapter shall be retained for
a period of at least 10 years from the date of the application.
misc administrative details omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1821, 1822, 1823, 1825 of this title.
50 USC Sec. 1825 Has Changes 01/02/01
Sec. 1825. Use of information
(a) Compliance with
minimization procedures;
lawful purposes
Information acquired from a physical search conducted pursuant to this
subchapter concerning any United States person may be used and disclosed by
Federal officers and employees without the consent of the United States person
only in accordance with the minimization procedures required by this subchapter.
No information acquired from a physical search pursuant to this subchapter may
be used or disclosed by Federal officers or employees except for lawful
purposes.
(b) Notice of search and identification of property
seized, altered, or reproduced
Where a physical search authorized and conducted pursuant to section 1824 of
this title involves the residence of a United States person, and, at any time
after the search the Attorney General determines there is no national security
interest in continuing to maintain the secrecy of the search, the Attorney
General shall provide notice to the United States person whose residence was
searched of the fact of the search conducted pursuant to this chapter and shall
identify any property of such person seized, altered, or reproduced during such
search.
(<-- Previous Changes)
(<-- Previous Patriot II Changes)
(c) Statement for disclosure
No information acquired pursuant to this subchapter shall be disclosed for law
enforcement purposes unless such disclosure is accompanied by a statement that
such information, or any information derived therefrom, may only be used in a
criminal proceeding with the advance authorization of the Attorney General
the Attorney General, the Deputy Attorney General, the
Associate Attorney General, or an Assistant Attorney General designated by the
Attorney General.
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(Next Patriot II Changes->)
(d) Notification by United States
Whenever the United States intends to enter into evidence or otherwise use or
disclose in any trial, hearing, or other proceeding in or before any court,
department, officer, agency, regulatory body, or other authority of the United
States, against an aggrieved person, any information obtained or derived from a
physical search pursuant to the authority of this subchapter, the United States
shall, prior to the trial, hearing, or the other proceeding or at a reasonable
time prior to an effort to so disclose or so use that information or submit it
in evidence, notify the aggrieved person and the court or other authority in
which the information is to be disclosed or used that the United States intends
to so disclose or so use such information.
(e) Notification by States or political subdivisions
Whenever any State or political subdivision thereof intends to enter into
evidence or otherwise use or disclose in any trial, hearing, or other proceeding
in or before any court, department, officer, agency, regulatory body, or other
authority of a State or a political subdivision thereof against an aggrieved
person any information obtained or derived from a physical search pursuant to
the authority of this subchapter, the State or political subdivision thereof
shall notify the aggrieved person, the court or other authority in which the
information is to be disclosed or used, and the Attorney General that the State
or political subdivision thereof intends to so disclose or so use such
information.
(f) Motion to suppress
(1) Any person against whom evidence obtained or derived from a physical search to which he is an aggrieved person is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the evidence obtained or derived from such search on the grounds that -
(A) the information was unlawfully acquired; or
(B) the physical search was not made in conformity with an order of authorization or approval.(2) Such a motion shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the person was not aware of the grounds of the motion.
(g) In camera and ex parte review by district court
Whenever a court or other authority is notified pursuant to subsection (d) or
(e) of this section, or whenever a motion is made pursuant to subsection (f) of
this section, or whenever any motion or request is made by an aggrieved person
pursuant to any other statute or rule of the United States or any State before
any court or other authority of the United States or any State to discover or
obtain applications or orders or other materials relating to a physical search
authorized by this subchapter or to discover, obtain, or suppress evidence or
information obtained or derived from a physical search authorized by this
subchapter, the United States district court or, where the motion is made before
another authority, the United States district court in the same district as the
authority shall, notwithstanding any other provision of law, if the Attorney
General files an affidavit under oath that disclosure or any adversary hearing
would harm the national security of the United States, review in camera and ex
parte the application, order, and such other materials relating to the physical
search as may be necessary to determine whether the physical search of the
aggrieved person was lawfully authorized and conducted. In making this
determination, the court may disclose to the aggrieved person, under appropriate
security procedures and protective orders, portions of the application, order,
or other materials relating to the physical search, or may require the Attorney
General to provide to the aggrieved person a summary of such materials, only
where such disclosure is necessary to make an accurate determination of the
legality of the physical search.
(h) Suppression of evidence; denial of motion
If the United States district court pursuant to subsection (g) of this section
determines that the physical search was not lawfully authorized or conducted, it
shall, in accordance with the requirements of law, suppress the evidence which
was unlawfully obtained or derived from the physical search of the aggrieved
person or otherwise grant the motion of the aggrieved person. If the court
determines that the physical search was lawfully authorized or conducted, it
shall deny the motion of the aggrieved person except to the extent that due
process requires discovery or disclosure.
(i) Finality of orders
Orders granting motions or requests under subsection (h) of this section,
decisions under this section that a physical search was not lawfully authorized
or conducted, and orders of the United States district court requiring review or
granting disclosure of applications, orders, or other materials relating to the
physical search shall be final orders and binding upon all courts of the United
States and the several States except a United States Court of Appeals or the
Supreme Court.
(j) Notification of emergency execution of physical search; contents; postponement, suspension, or elimination
(1) If an emergency execution of a physical search is authorized under section 1824(d) (FOOTNOTE 1) of this title and a subsequent order approving the search is not obtained, the judge shall cause to be served on any United States person named in the application and on such other United States persons subject to the search as the judge may determine in his discretion it is in the interests of justice to serve, notice of -
(FOOTNOTE 1) See References in Text note below.(A) the fact of the application;
(B) the period of the search; and
(C) the fact that during the period information was or was not obtained.(2) On an ex parte showing of good cause to the judge, the serving of the notice required by this subsection may be postponed or suspended for a period not to exceed 90 days. Thereafter, on a further ex parte showing of good cause, the court shall forego ordering the serving of the notice required under this subsection.
(1) Federal officers who conduct physical searches to acquire foreign intelligence information under this title may consult with Federal law enforcement officers to coordinate efforts to investigate or protect against--
(A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
(B) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
(C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power.(2) Coordination authorized under paragraph (1) shall not preclude the certification required by section 303(a)(7) or the entry of an order under section 304.
-SOURCE-
(Pub. L. 95-511, title III, Sec. 305, as added Pub. L. 103-359, title VIII, Sec.
807(a)(3), Oct. 14, 1994, 108 Stat. 3449.)
REFERENCES IN TEXT
Section 1824(d) of this title, referred to in subsec. (j)(1), was redesignated
section 1824(e) of this title by Pub. L. 106-567, title VI, Sec. 603(b)(1), Dec.
27, 2000, 114 Stat. 2853.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1822, 1826 of this title.
50 USC Sec. 1827 Has Changes 01/02/01
Sec. 1827. Penalties
(<-- Previous Patriot II Changes)
(a) Prohibited activities
A person is guilty of an offense if he intentionally -
(1) under color of law* for the purpose of obtaining foreign intelligence information, executes a physical search within the United States except as authorized by statute; or
(2) discloses or uses information obtained under color of law by physical search within the United States, knowing or having reason to know that the information was obtained through physical search not authorized by statute, for the purpose of obtaining intelligence information.
(b) Defense
It is a defense to a prosecution under subsection (a) of this section that the
defendant was a law enforcement or investigative officer engaged in the course
of his official duties and the physical search was authorized by and conducted
pursuant to a search warrant or court order of a court of competent
jurisdiction or was authorized by and conducted
pursuant to the authorization of the President or the Attorney General.
(c) Fine or imprisonment
An offense described in this section is punishable by a fine of not more than
$10,000 or imprisonment for not more than five years, or both.
(d) Federal jurisdiction
There is Federal jurisdiction over an offense under this section if the person
committing the offense was an officer or employee of the United States at the
time the offense was committed.
*UNDER COLOR OF LAW
- "When a person acts or purports to act in the performance of official duties
under any law,
ordinance, or regulation." 'Lectric Law Library,
http://www.lectlaw.com/def2/u001.htm
-SOURCE-
(Pub. L. 95-511, title III, Sec. 307, as added Pub. L. 103-359, title VIII, Sec.
807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1828 of this title.
50 USC Sec. 1829 Has Changes 01/02/01
Sec. 1829. Authorization during time of war
Notwithstanding any other provision of law, the
President, through the Attorney General, may authorize physical searches without
a court order under this subchapter to acquire foreign intelligence information
for a period not to exceed 15 calendar days following a declaration of war by
the Congress, the enactment of legislation authorizing
the use of military force, or an attack on the United States, its territories or
possessions, or its armed forces creating a national emergency.
-SOURCE-
(Pub. L. 95-511, title III, Sec. 309, as added Pub. L. 103-359, title VIII, Sec.
807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)
50 USC Sec. 1842 Has Changes 01/02/01
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
SUBCHAPTER III - PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN
INTELLIGENCE PURPOSES
Sec. 1842. Pen registers and trap and trace devices for foreign
intelligence and international terrorism investigations
(a) Application for authorization or approval
(1) Notwithstanding any other provision of law, the Attorney General or a designated attorney for the Government may make an application for an order or an extension of an order authorizing or approving the installation and use of a pen register or trap and trace device
for any investigation to gather foreign intelligence information or information concerning international terrorismfor any investigation to obtain foreign intelligence informationnot concerning a United States person or to protect against international terrorism or clandestine intelligence activities(Pat II), 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 which is being conducted by the Federal Bureau of Investigation under such guidelines as the Attorney General approves pursuant to Executive Order No. 12333, or a successor order.
(Next Patriot II Changes->)
(2) The authority under paragraph (1) is in addition to the authority under subchapter I of this chapter to conduct the electronic surveillance referred to in that paragraph.
(b) Form of application; recipient
Each application under this section shall be in writing under oath or
affirmation to -
(1) a judge of the court established by section 1803(a) of this title; or
(2) a United States Magistrate Judge under chapter 43 of title 28 who is publicly designated by the Chief Justice of the United States to have the power to hear applications for and grant orders approving the installation and use of a pen register or trap and trace device on behalf of a judge of that court.
(c) Executive approval; contents of application
Each application under this section shall require the approval of the Attorney
General, or a designated attorney for the Government, and shall include -
(1) the identity of the Federal officer seeking to use the pen register or trap and trace device covered by the application;
(2) a certification by the applicant that the information likely to be obtained is relevant to an ongoing foreign intelligence or international terrorism investigation being conducted by the Federal Bureau of Investigation under guidelines approved by the Attorney General; and
(2) a certification by the applicant that the information likely to be obtained is foreign intelligence information not concerning a United States person or is relevant to an ongoing investigation to protect against international 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.
(3) information which demonstrates that there is reason to believe that the telephone line to which the pen register or trap and trace device is to be attached, or the communication instrument or device to be covered by the pen register or trap and trace device, has been or is about to be used in communication with -
(A) an individual who is engaging or has engaged in international terrorism or clandestine intelligence activities that involve or may involve a violation of the criminal laws of the United States; or(Pat I)
(B) a foreign power or agent of a foreign power under circumstances giving reason to believe that the communication concerns or concerned international terrorism or clandestine intelligence activities that involve or may involve a violation of the criminal laws of the United States.
(d) Ex parte* judicial order of approval
(1) Upon an application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the installation and use of a pen register or trap and trace device if the judge finds that the application satisfies the requirements of this section.
(2) An order issued under this section -
(A) shall specify -
(i) the identity, if known, of the person who is the subject of the foreign intelligence or international terrorism investigation;
(ii) in the case of an application for the installation and use of a pen register or trap and trace device with respect to a telephone line -
(I) the identity, if known, of the person to whom is leased or in whose name the telephone line is listed; and
(II) the number and, if known, physical location of the telephone line; and
(iii) in the case of an application for the use of a pen register or trap and trace device with respect to a communication instrument or device not covered by clause (ii) -
(I) the identity, if known, of the person who owns or leases the instrument or device or in whose name the instrument or device is listed; and
(II) the number of the instrument or device; and(A) shall specify--
(i) the identity, if known, of the person who is the subject of the investigation;
`(ii) 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;
`(iii) the attributes of the communications to which the order applies, such as 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 a trap and trace device, the geographic limits of the trap and trace order.
(Next Changes->)(B) shall direct that -
(i) upon request of the applicant, the provider of a wire or electronic communication service, landlord, custodian, or other person shall furnish any information, facilities, or technical assistance necessary to accomplish the installation and operation of the pen register or trap and trace device in such a manner as will protect its secrecy and produce a minimum amount of interference with the services that such provider, landlord, custodian, or other person is providing the person concerned;
(ii) such provider, landlord, custodian, or other person -(I) shall not disclose the existence of the investigation or of the pen register or trap and trace device to any person unless or until ordered by the court; and
(II) shall maintain, under security procedures approved by the Attorney General and the Director of Central Intelligence pursuant to section 1805(b)(2)(C) (FOOTNOTE 1) of this title, any records concerning the pen register or trap and trace device or the aid furnished; and
(FOOTNOTE 1) See References in Text note below.(iii) the applicant shall compensate such provider, landlord, custodian, or other person for reasonable expenses incurred by such provider, landlord, custodian, or other person in providing such information, facilities, or technical assistance.
(e) Time limitation
An order issued under this section shall authorize the installation and use of a
pen register or trap and trace device for a period not to exceed 90 days.
Extensions of such an order may be granted, but only upon an application for an
order under this section and upon the judicial finding required by subsection
(d) of this section. The period of extension shall be for a period not to exceed
90 days.
(f) Cause of action barred
No cause of action shall lie in any court against any provider of a wire or
electronic communication service, landlord, custodian, or other person
(including any officer, employee, agent, or other specified person thereof) that
furnishes any information, facilities, or technical assistance under subsection
(d) of this section in accordance with the terms of a court under this section.
(g) Furnishing of results
Unless otherwise ordered by the judge, the results of a pen register or trap and
trace device shall be furnished at reasonable intervals during regular business
hours for the duration of the order to the authorized Government official or
officials.
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
-SOURCE-
(Pub. L. 95-511, title IV, Sec. 402, as added Pub. L. 105-272, title VI, Sec.
601(2), Oct. 20, 1998, 112 Stat. 2405.)
REFERENCES IN TEXT
Executive Order No. 12333, referred to in subsec. (a)(1), is set out as a note
under section 401 of this title.
Section 1805(b)(2)(C) of this title, referred to in subsec. (d)(2)(B)(ii)(II),
was redesignated section 1805(c)(2)(C) of this title by Pub. L. 106-567, title
VI, Sec. 602(b)(1), Dec. 27, 2000, 114 Stat. 2851.
The criminal laws of the United States, referred to in subsec. (c)(3), are
classified generally to Title 18, Crimes and Criminal Procedure.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1843 of this title.
50 USC Sec. 1843 Has Changes 01/02/01
Sec. 1843. Authorization during emergencies
(<-- Previous Block Of Changes)
(a) Requirements for authorization
Notwithstanding any other provision of this subchapter, when the Attorney
General makes a determination described in subsection (b) of this section, the
Attorney General may authorize the installation and use of a pen register or
trap and trace device on an emergency basis to gather foreign intelligence
information or information concerning international terrorism
foreign intelligence information not concerning a United
States person or information to protect against international 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 if -
(1) a judge referred to in section 1842(b) of this title is informed by the Attorney General or his designee at the time of such authorization that the decision has been made to install and use the pen register or trap and trace device, as the case may be, on an emergency basis; and
(2) an application in accordance with section 1842 of this title is made to such judge as soon as practicable, but not more than 48 hours, after the Attorney General authorizes the installation and use of the pen register or trap and trace device, as the case may be, under this section.
(b) Determination of emergency and factual basis
A determination under this subsection is a reasonable determination by the
Attorney General that -
(1) an emergency requires the installation and use of a pen register or trap and trace device to obtain
foreign intelligence information or information concerning international terrorismforeign intelligence information not concerning a United States person or information to protect against international 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 before an order authorizing the installation and use of the pen register or trap and trace device, as the case may be, can with due diligence be obtained under section 1842 of this title; and
(Next Changes->)
(2) the factual basis for issuance of an order under such section 1842 of this title to approve the installation and use of the pen register or trap and trace device, as the case may be, exists.
(c) Effect of absence of order
(1) In the absence of an order applied for under subsection (a)(2) of this section approving the installation and use of a pen register or trap and trace device authorized under this section, the installation and use of the pen register or trap and trace device, as the case may be, shall terminate at the earlier of -
(A) when the information sought is obtained;
(B) when the application for the order is denied under section 1842 of this title; or
(C) 48 hours after the time of the authorization by the Attorney General.(2) In the event that an application for an order applied for under subsection (a)(2) of this section is denied, or in any other case where the installation and use of a pen register or trap and trace device under this section is terminated and no order under section 1842 of this title is issued approving the installation and use of the pen register or trap and trace device, as the case may be, no information obtained or evidence derived from the use of the pen register or trap and trace device, as the case may be, shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from the use of the pen register or trap and trace device, as the case may be, shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
-SOURCE-
(Pub. L. 95-511, title IV, Sec. 403, as added Pub. L. 105-272, title VI, Sec.
601(2), Oct. 20, 1998, 112 Stat. 2407.)
50 USC Sec. 1844 Has Changes 01/02/01
Sec. 1844. Authorization during time of war
(<-- Previous Changes)
(<-- Previous Patriot II Changes)
Notwithstanding any other provision of law, the
President, through the Attorney General, may authorize the use of a pen register
or trap and trace device without a court order under this subchapter to acquire
foreign intelligence information for a period not to exceed 15 calendar days
following a declaration of war by Congress, the
enactment of legislation authorizing the use of military force, or an attack on
the United States, its territories or possessions, or its armed forces creating
a national emergency.
-SOURCE-
(Pub. L. 95-511, title IV, Sec. 404, as added Pub. L. 105-272, title VI, Sec.
601(2), Oct. 20, 1998, 112 Stat. 2408.)
50 USC Sec. 1845 Has Changes 01/02/01
Sec. 1845. Use of information
(a) In general
(1) Information acquired from the use of a pen register or trap and trace device installed pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the provisions of this section.
(2) No information acquired from a pen register or trap and trace device installed and used pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.
(b) Disclosure for law enforcement purposes
No information acquired pursuant to this subchapter shall be disclosed for law
enforcement purposes unless such disclosure is accompanied by a statement that
such information, or any information derived therefrom, may only be used in a
criminal proceeding with the advance authorization of the Attorney General
the Attorney General, the Deputy Attorney General, the
Associate Attorney General, or an Assistant Attorney General designated by the
Attorney General.
(End Of Patriot II Changes)
(Next Changes,
Patriot I only->)
(c) Notification of intended disclosure by United
States
Whenever the United States intends to enter into evidence or otherwise use or
disclose in any trial, hearing, or other proceeding in or before any court,
department, officer, agency, regulatory body, or other authority of the United
States against an aggrieved person any information obtained or derived from the
use of a pen register or trap and trace device pursuant to this subchapter, the
United States shall, before the trial, hearing, or the other proceeding or at a
reasonable time before an effort to so disclose or so use that information or
submit it in evidence, notify the aggrieved person and the court or other
authority in which the information is to be disclosed or used that the United
States intends to so disclose or so use such information.
(d) Notification of intended disclosure by State or
political subdivision
Whenever any State or political subdivision thereof intends to enter into
evidence or otherwise use or disclose in any trial, hearing, or other proceeding
in or before any court, department, officer, agency, regulatory body, or other
authority of the State or political subdivision thereof against an aggrieved
person any information obtained or derived from the use of a pen register or
trap and trace device pursuant to this subchapter, the State or political
subdivision thereof shall notify the aggrieved person, the court or other
authority in which the information is to be disclosed or used, and the Attorney
General that the State or political subdivision thereof intends to so disclose
or so use such information.
(e) Motion to suppress
(1) Any aggrieved person against whom evidence obtained or derived from the use of a pen register or trap and trace device is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, or a State or political subdivision thereof, may move to suppress the evidence obtained or derived from the use of the pen register or trap and trace device, as the case may be, on the grounds that -
(A) the information was unlawfully acquired; or
(B) the use of the pen register or trap and trace device, as the case may be, was not made in conformity with an order of authorization or approval under this subchapter.
(2) A motion under paragraph (1) shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the aggrieved person concerned was not aware of the grounds of the motion.
(f) In camera* and ex parte* review
(1) Whenever a court or other authority is notified pursuant to subsection (c) or (d) of this section, whenever a motion is made pursuant to subsection (e) of this section, or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relating to the use of a pen register or trap and trace device authorized by this subchapter or to discover, obtain, or suppress evidence or information obtained or derived from the use of a pen register or trap and trace device authorized by this subchapter, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority shall, notwithstanding any other provision of law and if the Attorney General files an affidavit under oath that disclosure or any adversary hearing would harm the national security of the United States, review in camera and ex parte the application, order, and such other materials relating to the use of the pen register or trap and trace device, as the case may be, as may be necessary to determine whether the use of the pen register or trap and trace device, as the case may be, was lawfully authorized and conducted.
(2) In making a determination under paragraph (1), the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the use of the pen register or trap and trace device, as the case may be, or may require the Attorney General to provide to the aggrieved person a summary of such materials, only where such disclosure is necessary to make an accurate determination of the legality of the use of the pen register or trap and trace device, as the case may be.
"In Camera" = "In the judge's chambers" or in private. 'Lectric Law Library, http://www.lectlaw.com/def/i018.htm
(g) Effect of determination of lawfulness
(1) If the United States district court determines pursuant to subsection (f) of this section that the use of a pen register or trap and trace device was not lawfully authorized or conducted, the court may, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from the use of the pen register or trap and trace device, as the case may be, or otherwise grant the motion of the aggrieved person.
(2) If the court determines that the use of the pen register or trap and trace device, as the case may be, was lawfully authorized or conducted, it may deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.
(h) Binding final orders
Orders granting motions or requests under subsection (g) of this section,
decisions under this section that the use of a pen register or trap and trace
device was not lawfully authorized or conducted, and orders of the United States
district court requiring review or granting disclosure of applications, orders,
or other materials relating to the installation and use of a pen register or
trap and trace device shall be final orders and binding upon all courts of the
United States and the several States except a United States Court of Appeals or
the Supreme Court.
-SOURCE-
(Pub. L. 95-511, title IV, Sec. 405, as added Pub. L. 105-272, title VI, Sec.
601(2), Oct. 20, 1998, 112 Stat. 2408.)
50 USC Sec. 1861 01/02/01
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
SUBCHAPTER IV - ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
Sec. 1861. Definitions
As used in this subchapter:
(1) The terms ''foreign power'', ''agent of a foreign
power'', ''foreign intelligence information'', ''international terrorism'', and
''Attorney General'' shall have the same meanings as in section 1801 of this
title.
(2) The term ''common carrier'' means any person or
entity transporting people or property by land, rail, water, or air for
compensation.
(3) The term ''physical storage facility'' means any
business or entity that provides space for the storage of goods or materials, or
services related to the storage of goods or materials, to the public or any
segment thereof.
(4) The term ''public accommodation facility'' means
any inn, hotel, motel, or other establishment that provides lodging to transient
guests.
(5) The term ''vehicle rental facility'' means any
person or entity that provides vehicles for rent, lease, loan, or other similar
use to the public or any segment thereof.
-SOURCE-
(Pub. L. 95-511, title V, Sec. 501, as added Pub. L. 105-272, title VI, Sec.
602, Oct. 20, 1998, 112 Stat. 2410.)
Patriot I Sec. 215 provides the following:
(<-- Previous Changes)
Title V of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861 et seq.) is amended by striking sections
501 through 503 and inserting the following:"
which are new Sections 501 and 502 of the FISA. It is probable that "Sections 501 and 502 of the FISA" correspond to 50 U.S.C. Sections 1862 and 1863, and are html-bookmarked as such. However, I could not determine what the old "Section 503" was.
Here are the new sections, and old sections 1862 and 1863 shown struckout for reference:
50 USC Sec. 1862 01/02/01
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
SUBCHAPTER IV - ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
Sec. 1862. Access to certain business records for foreign intelligence and
international terrorism investigations
(a) Application for authorization
The Director of the Federal Bureau of Investigation or a designee of the
Director (whose rank shall be no lower than Assistant Special Agent in Charge)
may make an application for an order authorizing a common carrier, public
accommodation facility, physical storage facility, or vehicle rental facility to
release records in its possession for an investigation to gather foreign
intelligence information or an investigation concerning international terrorism
which investigation is being conducted by the Federal Bureau of Investigation
under such guidelines as the Attorney General approves pursuant to Executive
Order No. 12333, or a successor order.
(b) Recipient and contents of application
Each application under this section -
(1) shall be made to -
(A) a judge of the court established by section 1803(a) of this title; or
(B) a United States Magistrate Judge under chapter 43 of title 28 who is
publicly designated by the Chief Justice of the United States to have the power
to hear applications and grant orders for the release of records under this
section on behalf of a judge of that court; and
(2) shall specify that -
(A) the records concerned are sought for an investigation described in
subsection (a) of this section; and
(B) there are specific and articulable facts giving reason to believe that the
person to whom the records pertain is a foreign power or an agent of a foreign
power.
(c) Ex parte judicial order of approval
(1) Upon application made pursuant to this section, the judge shall enter an ex
parte order as requested, or as modified, approving the release of records if
the judge finds that the application satisfies the requirements of this section.
(2) An order under this subsection shall not disclose that it is issued for
purposes of an investigation described in subsection (a) of this section.
(d) Compliance; nondisclosure
(1) Any common carrier, public accommodation facility, physical storage
facility, or vehicle rental facility shall comply with an order under subsection
(c) of this section.
(2) No common carrier, public accommodation facility, physical storage facility,
or vehicle rental facility, or officer, employee, or agent thereof, shall
disclose to any person (other than those officers, agents, or employees of such
common carrier, public accommodation facility, physical storage facility, or
vehicle rental facility necessary to fulfill the requirement to disclose
information to the Federal Bureau of Investigation under this section) that the
Federal Bureau of Investigation has sought or obtained records pursuant to an
order under this section.
-SOURCE-
(Pub. L. 95-511, title V, Sec. 502, as added Pub. L. 105-272, title VI, Sec.
602, Oct. 20, 1998, 112 Stat. 2411.)
REFERENCES IN TEXT
Executive Order No. 12333, referred to in subsec. (a), is set out as a note
under section 401 of this title.
`(a)(1) The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international 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.
`(2) An investigation conducted under this section shall--
`(A) be conducted under guidelines approved by the Attorney General under Executive Order 12333 (or a successor order); and
`(B) not be conducted of a United States person solely upon the basis of activities protected by the first amendment to the Constitution of the United States.
`(b) Each application under this section--
`(1) shall be made to--
`(A) a judge of the court established by section 103(a); or
`(B) a United States Magistrate Judge under chapter 43 of title 28, United States Code, who is publicly designated by the Chief Justice of the United States to have the power to hear applications and grant orders for the production of tangible things under this section on behalf of a judge of that court; and
`(2) shall specify that the records concerned are sought for an authorized investigation conducted in accordance with subsection (a)(2) to protect against international terrorism or clandestine intelligence activities.
`(c)(1) Upon an application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the release of records if the judge finds that the application meets the requirements of this section.
`(2) An order under this subsection shall not disclose that it is issued for purposes of an investigation described in subsection (a).
`(d) No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section.
`(e) A person who, in good faith, produces tangible things under an order pursuant to this section shall not be liable to any other person for such production. Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context.
50 USC Sec. 1863 01/02/01
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
SUBCHAPTER IV - ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
Sec. 1863. Congressional oversight
(a) On a semiannual basis, the Attorney General shall
fully inform the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate
concerning all requests for records under this subchapter.
(b) On a semiannual basis, the Attorney General shall provide to the Committees
on the Judiciary of the House of Representatives and the Senate a report setting
forth with respect to the preceding 6-month period -
(1) the total number of applications made for orders approving requests for records under this subchapter; and
(2) the total number of such orders either granted, modified, or denied.
-SOURCE-
(Pub. L. 95-511, title V, Sec. 503, as added Pub. L. 105-272, title VI,
Sec. 602, Oct. 20, 1998, 112 Stat. 2412.)
`(a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all requests for the production of tangible things under section 402. (= 50 USC 1842)
`(b) On a semiannual basis, the Attorney General shall provide to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding 6-month period--
`(1) the total number of applications made for orders approving requests for the production of tangible things under section 402; and
`(2) the total number of such orders either granted, modified, or denied.'.
(End Of All Changes)
50 USC APPENDIX - WAR AND NATIONAL DEFENSE Sec. 2405 01/02/01
TITLE 50 - WAR AND NATIONAL DEFENSE
TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
EXPORT REGULATION
Sec. 2405. Foreign policy controls
(a) - (i) omitted
(j) Countries supporting international terrorism
(1) A validated license shall be required for the export of goods or technology to a country if the Secretary of State has made the following determinations:
(A) The government of such country has repeatedly provided support for acts of international terrorism.
(B) The export of such goods or technology could make a significant contribution to the military potential of such country, including its military logistics capability, or could enhance the ability of such country to support acts of international terrorism.(2) The Secretary and the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate at least 30 days before issuing any validated license required by paragraph (1).
(3) Each determination of the Secretary of State under paragraph (1)(A), including each determination in effect on the date of the enactment of the Antiterrorism and Arms Export Amendments Act of 1989 (Dec. 12, 1989), shall be published in the Federal Register.
(4) A determination made by the Secretary of State under paragraph (1)(A) may not be rescinded unless the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Banking, Housing, and Urban Affairs and the chairman of the Committee on Foreign Relations of the Senate -(A) before the proposed rescission would take effect, a report certifying that -
(i) there has been a fundamental change in the leadership and policies of the government of the country concerned;
(ii) that government is not supporting acts of international terrorism; and
(iii) that government has provided assurances that it will not support acts of international terrorism in the future; or(B) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that -
(i) the government concerned has not provided any support for international terrorism during the preceding 6-month period; and
(ii) the government concerned has provided assurances that it will not support acts of international terrorism in the future.(5) The Secretary and the Secretary of State shall include in the notification required by paragraph (2) -
(A) a detailed description of the goods or services to be offered, including a brief description of the capabilities of any article for which a license to export is sought;
(B) the reasons why the foreign country or international organization to which the export or transfer is proposed to be made needs the goods or services which are the subject of such export or transfer and a description of the manner in which such country or organization intends to use such articles, services, or design and construction services;
(C) the reasons why the proposed export or transfer is in the national interest of the United States;
(D) an analysis of the impact of the proposed export or transfer on the military capabilities of the foreign country or international organization to which such export or transfer would be made;
(E) an analysis of the manner in which the proposed export would affect the relative military strengths of countries in the region to which the goods or services which are the subject of such export would be delivered and whether other countries in the region have comparable kinds and amounts of articles, services, or design and construction services; and
(F) an analysis of the impact of the proposed export or transfer on the United States relations with the countries in the region to which the goods or services which are the subject of such export would be delivered.
(k) - (r) remaining
omitted
misc administrative details omitted
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5, 2170, 2407, 2410,
2410b, 2410c, 2413, 2414, 2416 of this Appendix;
title 10 sections 2249a, 2327;
title 12 section 95a;
title 18 section 2332d;
title 19 section 2462;
title 22 sections 262p-4q, 2378, 2656f, 2708, 2712, 2797, 2797a, 2797b, 2798,
2799aa-1, 4305, 5605, 6461, 6713, 7205;
title 26 section 901;
title 28 section 1605;
title 50 section 1702.
end of Affected Documents