50 USC

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Extract of the United States Code, Title 50, Sec's 401a - 1811.

TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 15 - NATIONAL SECURITY

(<-- Previous Changes)
Sec. 401a. Definitions

As used in this Act:

     (1) The term ''intelligence'' includes foreign intelligence and counterintelligence.
     (2) The term ''foreign intelligence'' means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities.
     (3) The term ''counterintelligence'' means information gathered, and activities conducted, to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities. Note commas inserted after 'information gathered' to change the sense of the sentence.
(Next Changes->)
     (4) The term ''intelligence community'' includes -

     (A) the Office of the Director of Central Intelligence, which shall include the Office of the Deputy Director of Central Intelligence, the National Intelligence Council (as provided for in section 403-5(b)(3) (FOOTNOTE 1) of this title), and such other offices as the Director may designate;
(FOOTNOTE 1) So in original. Probably should be section ''403-3(b)(3)''.
     (B) the Central Intelligence Agency;
     (C) the National Security Agency;
     (D) the Defense Intelligence Agency;
     (E) the National Imagery and Mapping Agency;
     (F) the National Reconnaissance Office;
     (G) other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
     (H) the intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Federal Bureau of Investigation, the Department of the Treasury, and the Department of Energy;
     (I) the Bureau of Intelligence and Research of the Department of State; and
     (J) such other elements of any other department or agency as may be designated by the President, or designated jointly by the Director of Central Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

(5) The terms ''national intelligence'' and ''intelligence related to the national security'' -

(A) each refer to intelligence which pertains to the interests of more than one department or agency of the Government; and
(B) do not refer to counterintelligence or law enforcement activities conducted by the Federal Bureau of Investigation except to the extent provided for in procedures agreed to by the Director of Central Intelligence and the Attorney General, or otherwise as expressly provided for in this title. (FOOTNOTE 2)
(FOOTNOTE 2) See References in Text note below.

(6) The term ''National Foreign Intelligence Program'' refers to all programs, projects, and activities of the intelligence community, as well as any other programs of the intelligence community designated jointly by the Director of Central Intelligence and the head of a United States department or agency or by the President. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces.

administrative detail omitted

REFERENCES IN TEXT
This Act, referred to in text, means act July 26, 1947, ch. 343, 61 Stat. 495, as amended, known as the National Security Act of 1947. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables.
This title, referred to in par. (5)(B), probably should be ''this Act'', meaning act July 26, 1947, see above, because this section is not a part of any title of act of July 26, 1947.

amendment details omitted

AUTHORITY OF SECRETARY OF STATE
Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of Title 22, Foreign Relations and Intercourse, and section 161(d) of Pub. L. 103-236, set out as a note under section 2651a of Title 22.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 403-2a, 403-8, 404j of this title;
title 22 section 1442a.

50 USC Sec. 403-3 Has Changes 01/02/01

TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 15 - NATIONAL SECURITY
SUBCHAPTER I - COORDINATION FOR NATIONAL SECURITY

Sec. 403-3. Responsibilities of Director of Central Intelligence

(a) Provision of intelligence

     (1) Under the direction of the National Security Council, the Director of Central Intelligence shall be responsible for providing national intelligence -

     (A) to the President;
     (B) to the heads of departments and agencies of the executive branch;
     (C) to the Chairman of the Joint Chiefs of Staff and senior military commanders; and
     (D) where appropriate, to the Senate and House of Representatives and the committees thereof.

     (2) Such national intelligence should be timely, objective, independent of political considerations, and based upon all sources available to the intelligence community.

(b) National Intelligence Council

     (1)

     (A) There is established within the Office of the Director of Central Intelligence the National Intelligence Council (hereafter in this section referred to as the ''Council''). The Council shall be composed of senior analysts within the intelligence community and substantive experts from the public and private sector, who shall be appointed by, report to, and serve at the pleasure of, the Director of Central Intelligence.
     (B) The Director shall prescribe appropriate security requirements for personnel appointed from the private sector as a condition of service on the Council, or as contractors of the Council or employees of such contractors, to ensure the protection of intelligence sources and methods while avoiding, wherever possible, unduly intrusive requirements which the Director considers to be unnecessary for this purpose.

     (2) The Council shall -

     (A) produce national intelligence estimates for the Government, including, whenever the Council considers appropriate, alternative views held by elements of the intelligence community;
     (B) evaluate community-wide collection and production of intelligence by the intelligence community and the requirements and resources of such collection and production; and
     (C) otherwise assist the Director in carrying out the responsibilities described in subsection (a) of this section.

     (3) Within their respective areas of expertise and under the direction of the Director, the members of the Council shall constitute the senior intelligence advisers of the intelligence community for purposes of representing the views of the intelligence community within the Government.
     (4) Subject to the direction and control of the Director of Central Intelligence, the Council may carry out its responsibilities under this subsection by contract, including contracts for substantive experts necessary to assist the Council with particular assessments under this subsection.
     (5) The Director shall make available to the Council such staff as may be necessary to permit the Council to carry out its responsibilities under this subsection and shall take appropriate measures to ensure that the Council and its staff satisfy the needs of policymaking officials and other consumers of intelligence. The Council shall also be readily accessible to policymaking officials and other appropriate individuals not otherwise associated with the intelligence community.
     (6) The heads of elements within the intelligence community shall, as appropriate, furnish such support to the Council, including the preparation of intelligence analyses, as may be required by the Director.

(c) Head of intelligence community
In the Director's capacity as head of the intelligence community, the Director shall -

     (1) facilitate the development of an annual budget for intelligence and intelligence-related activities of the United States by -

     (A) developing and presenting to the President an annual budget for the National Foreign Intelligence Program; and
     (B) participating in the development by the Secretary of Defense of the annual budgets for the Joint Military Intelligence Program and the Tactical Intelligence and Related Activities Program;

     (2) establish the requirements and priorities to govern the collection of national intelligence by elements of the intelligence community;
     (3) approve collection requirements, determine collection priorities, and resolve conflicts in collection priorities levied on national collection assets, except as otherwise agreed with the Secretary of Defense pursuant to the direction of the President;
     (4) promote and evaluate the utility of national intelligence to consumers within the Government;
     (5) eliminate waste and unnecessary duplication within the intelligence community;
(<-- Previous Changes)
     (6) establish requirements and priorities for foreign intelligence information to be collected under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide assistance to the Attorney General to ensure that information derived from electronic surveillance or physical searches under that Act is disseminated so it may be used efficiently and effectively for foreign intelligence purposes, except that the Director shall have no authority to direct, manage, or undertake electronic surveillance or physical search operations pursuant to that Act unless otherwise authorized by statute or executive order;
     ~~(6)~~ (7) protect intelligence sources and methods from unauthorized disclosure; and
     ~~(7)~~ (8) perform such other functions as the President or the National Security Council may direct.
(Next Changes->)

(d) Head of Central Intelligence Agency
In the Director's capacity as head of the Central Intelligence Agency, the Director shall -

     (1) collect intelligence through human sources and by other appropriate means, except that the Agency shall have no police, subpoena, or law enforcement powers or internal security functions;
     (2) provide overall direction for the collection of national intelligence through human sources by elements of the intelligence community authorized to undertake such collection and, in coordination with other agencies of the Government which are authorized to undertake such collection, ensure that the most effective use is made of resources and that the risks to the United States and those involved in such collection are minimized;
     (3) correlate and evaluate intelligence related to the national security and provide appropriate dissemination of such intelligence;
     (4) perform such additional services as are of common concern to the elements of the intelligence community, which services the Director of Central Intelligence determines can be more efficiently accomplished centrally; and
     (5) perform such other functions and duties related to intelligence affecting the national security as the President or the National Security Council may direct.

misc administrative details omitted

STANDARDS FOR SPELLING OF FOREIGN NAMES AND PLACES AND FOR USE OF GEOGRAPHIC COORDINATES
Pub. L. 105-107, title III, Sec. 309, Nov. 20, 1997, 111 Stat. 2253, provided that:

''(a) Survey of Current Standards. -

''(1) Survey. - The Director of Central Intelligence shall carry out a survey of current standards for the spelling of foreign names and places, and the use of geographic coordinates for such places, among the elements of the intelligence community.
''(2) Report. - Not later than 90 days after the date of enactment of this Act (Nov. 20, 1997), the Director shall submit to the congressional intelligence committees a report on the survey carried out under paragraph (1). The report shall be submitted in unclassified form, but may include a classified annex.

''(b) Guidelines. -

     ''(1) Issuance. - Not later than 180 days after the date of enactment of this Act, the Director shall issue guidelines to ensure the use of uniform spelling of foreign names and places and the uniform use of geographic coordinates for such places. The guidelines shall apply to all intelligence reports, intelligence products, and intelligence databases prepared and utilized by the elements of the intelligence community.
     ''(2) Basis. - The guidelines under paragraph (1) shall, to the maximum extent practicable, be based on current United States Government standards for the transliteration of foreign names, standards for foreign place names developed by the Board on Geographic Names, and a standard set of geographic coordinates.
     ''(3) Submittal to congress. - The Director shall submit a copy of the guidelines to the congressional intelligence committees.

''(c) Congressional Intelligence Committees Defined. - In this section, the term 'congressional intelligence committees' means the following:

''(1) The Select Committee on Intelligence of the Senate.
''(2) The Permanent Select Committee on Intelligence of the House of Representatives.''

PERIODIC REPORTS ON EXPENDITURES
Section 807(c) of Pub. L. 104-293 provided that: ''Not later than January 1, 1997, the Director of Central Intelligence and the Secretary of Defense shall prescribe guidelines to ensure prompt reporting to the Director and the Secretary on a periodic basis of budget execution data for all national, defense-wide, and tactical intelligence activities.''

DATABASE PROGRAM TRACKING
Section 807(d) of Pub. L. 104-293 provided that: ''Not later than January 1, 1999, the Director of Central Intelligence and the Secretary of Defense shall develop and implement a database to provide timely and accurate information on the amounts, purposes, and status of the resources, including periodic budget execution updates, for all national, defense-wide, and tactical intelligence activities.''

IDENTIFICATION OF CONSTITUENT COMPONENTS OF BASE INTELLIGENCE BUDGET
Pub. L. 103-359, title VI, Sec. 603, Oct. 14, 1994, 108 Stat. 3433, provided that: ''The Director of Central Intelligence shall include the same level of budgetary detail for the Base Budget that is provided for Ongoing Initiatives and New Initiatives to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate in the congressional justification materials for the annual submission of the National Foreign Intelligence Program of each fiscal year.''

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 401a, 403-1, 403-5, 403f, 403g, 404g, 411, 2011 of this title.

The mysterious Section 105B of the National Security Act of 1947--
(<-- Previous Changes)
Patriot I, Sec 905(a), enacts the following:

"(a) IN GENERAL- Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended--

(1) by redesignating subsection 105B as section 105C; and

(2) by inserting after section 105A the following new section 105B: "

Search as I may, I have been unable to determine exactly which section of 50 USC corresponds/ed to "subsection 105B of the National Security Act of 1947". I'm pretty sure that it occurs in the 400's. A clue occurs in USA Patriot Sec 905(b):

(b) CLERICAL AMENDMENT- The table of contents in the first section of that Act is amended by striking the item relating to section 105B and inserting the following new items:

`Sec. 105B. Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources.

`Sec. 105C. Protection of the operational files of the National Imagery and Mapping Agency.'.

A search in the U.S. Code Search reveals that "Protection of the operational files of the National Imagery and Mapping Agency." is Section 403-5b of Title 50, 01/02/01 edition of the table of contents. So probably, this new section becomes 50 USC 403-5b, and the Mapping Agency section becomes 403-5C. I think. Herewith the new "section 105B" as it is presented in Patriot I:

`DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED IN CRIMINAL INVESTIGATIONS; NOTICE OF CRIMINAL INVESTIGATIONS OF FOREIGN INTELLIGENCE SOURCES

`SEC. 105B. (a) DISCLOSURE OF FOREIGN INTELLIGENCE- (1) Except as otherwise provided by law and subject to paragraph (2), the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, shall expeditiously disclose to the Director of Central Intelligence, pursuant to guidelines developed by the Attorney General in consultation with the Director, foreign intelligence acquired by an element of the Department of Justice or an element of such department or agency, as the case may be, in the course of a criminal investigation.

`(2) The Attorney General by regulation and in consultation with the Director of Central Intelligence may provide for exceptions to the applicability of paragraph (1) for one or more classes of foreign intelligence, or foreign intelligence with respect to one or more targets or matters, if the Attorney General determines that disclosure of such foreign intelligence under that paragraph would jeopardize an ongoing law enforcement investigation or impair other significant law enforcement interests.

`(b) PROCEDURES FOR NOTICE OF CRIMINAL INVESTIGATIONS- Not later than 180 days after the date of enactment of this section, the Attorney General, in consultation with the Director of Central Intelligence, shall develop guidelines to ensure that after receipt of a report from an element of the intelligence community of activity of a foreign intelligence source or potential foreign intelligence source that may warrant investigation as criminal activity, the Attorney General provides notice to the Director of Central Intelligence, within a reasonable period of time, of his intention to commence, or decline to commence, a criminal investigation of such activity.

`(c) PROCEDURES- The Attorney General shall develop procedures for the administration of this section, including the disclosure of foreign intelligence by elements of the Department of Justice, and elements of other departments and agencies of the Federal Government, under subsection (a) and the provision of notice with respect to criminal investigations under subsection (b).'.
(Next Changes->)

50 USC Sec. 413a 01/02/01

TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 15 - NATIONAL SECURITY
SUBCHAPTER III - ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

Sec. 413a. Reporting of intelligence activities other than covert actions

To the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the Director of Central Intelligence and the heads of all departments, agencies, and other entities of the United States Government involved in intelligence activities shall -

(1) keep the intelligence committees fully and currently informed of all intelligence activities, other than a covert action (as defined in section 413b(e) of this title), which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States Government, including any significant anticipated intelligence activity and any significant intelligence failure; and
(2) furnish the intelligence committees any information or material concerning intelligence activities, other than covert actions, which is within their custody or control, and which is requested by either of the intelligence committees in order to carry out its authorized responsibilities.

-SOURCE-
(July 26, 1947, ch. 343, title V, Sec. 502, as added Pub. L. 102-88, title VI, Sec. 602(a)(2), Aug. 14, 1991, 105 Stat. 442.)

misc administrative details omitted

COMMITTEES ON INTELLIGENCE
Section 405 of Pub. L. 102-88 provided that:
''(a) Furnishing of Specific Information. -
In accordance with title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), the head of any department or agency of the United States involved in any intelligence activities which may pertain to United States military personnel listed as prisoner, missing, or unaccounted for in military actions shall furnish any information or documents in the possession, custody, or control of the department or agency, or person paid by such department or agency, whenever requested by the Permanent Select Committee on Intelligence of the House of Representatives or the Select Committee on Intelligence of the Senate.
''(b) Access by Committees and Members of Congress. -
In accordance with Senate Resolution 400, Ninety-Fourth Congress, and House Resolution 658, Ninety-Fifth Congress, the committees named in subsection (a) shall, upon request and under such regulations as the committees have prescribed to protect the classification of such information, make any information described in subsection (a) available to any other committee or any other Member of Congress and appropriately cleared staff.''

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 22 section 7304.

50 USC Sec. 413b 01/02/01

Sec. 413b. Presidential approval and reporting of covert actions

(a) Presidential findings
The President may not authorize the conduct of a covert action by departments, agencies, or entities of the United States Government unless the President determines such an action is necessary to support identifiable foreign policy objectives of the United States and is important to the national security of the United States, which determination shall be set forth in a finding that shall meet each of the following conditions:

     (1) Each finding shall be in writing, unless immediate action by the United States is required and time does not permit the preparation of a written finding, in which case a written record of the President's decision shall be contemporaneously made and shall be reduced to a written finding as soon as possible but in no event more than 48 hours after the decision is made.
     (2) Except as permitted by paragraph (1), a finding may not authorize or sanction a covert action, or any aspect of any such action, which already has occurred.
     (3) Each finding shall specify each department, agency, or entity of the United States Government authorized to fund or otherwise participate in any significant way in such action. Any employee, contractor, or contract agent of a department, agency, or entity of the United States Government other than the Central Intelligence Agency directed to participate in any way in a covert action shall be subject either to the policies and regulations of the Central Intelligence Agency, or to written policies or regulations adopted by such department, agency, or entity, to govern such participation.
     (4) Each finding shall specify whether it is contemplated that any third party which is not an element of, or a contractor or contract agent of, the United States Government, or is not otherwise subject to United States Government policies and regulations, will be used to fund or otherwise participate in any significant way in the covert action concerned, or be used to undertake the covert action concerned on behalf of the United States.
     (5) A finding may not authorize any action that would violate the Constitution or any statute of the United States.

(b) Reports to intelligence committees; production of information
To the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the Director of Central Intelligence and the heads of all departments, agencies, and entities of the United States Government involved in a covert action -

(1) shall keep the intelligence committees fully and currently informed of all covert actions which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States Government, including significant failures; and
(2) shall furnish to the intelligence committees any information or material concerning covert actions which is in the possession, custody, or control of any department, agency, or entity of the United States Government and which is requested by either of the intelligence committees in order to carry out its authorized responsibilities.

     (1) The President shall ensure that any finding approved pursuant to subsection (a) of this section shall be reported to the intelligence committees as soon as possible after such approval and before the initiation of the covert action authorized by the finding, except as otherwise provided in paragraph (2) and paragraph (3).
     (2) If the President determines that it is essential to limit access to the finding to meet extraordinary circumstances affecting vital interests of the United States, the finding may be reported to the chairmen and ranking minority members of the intelligence committees, the Speaker and minority leader of the House of Representatives, the majority and minority leaders of the Senate, and such other member or members of the congressional leadership as may be included by the President.
     (3) Whenever a finding is not reported pursuant to paragraph (1) or (2) of this section, (FOOTNOTE 1) the President shall fully inform the intelligence committees in a timely fashion and shall provide a statement of the reasons for not giving prior notice.
(FOOTNOTE 1) So in original. Probably should be ''subsection,''.
     (4) In a case under paragraph (1), (2), or (3), a copy of the finding, signed by the President, shall be provided to the chairman of each intelligence committee. When access to a finding is limited to the Members of Congress specified in paragraph (2), a statement of the reasons for limiting such access shall also be provided.

(d) Changes in previously approved actions
The President shall ensure that the intelligence committees, or, if applicable, the Members of Congress specified in subsection (c)(2) of this section, are notified of any significant change in a previously approved covert action, or any significant undertaking pursuant to a previously approved finding, in the same manner as findings are reported pursuant to subsection (c) of this section.

(e) ''Covert action'' defined
As used in this subchapter, the term ''covert action'' means an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include -

     (1) activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of United States Government programs, or administrative activities;
     (2) traditional diplomatic or military activities or routine support to such activities;
     (3) traditional law enforcement activities conducted by United States Government law enforcement agencies or routine support to such activities; or
     (4) activities to provide routine support to the overt activities (other than activities described in paragraph (1), (2), or (3)) of other United States Government agencies abroad.

(f) Prohibition on covert actions intended to influence United States political processes, etc.
No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media.

misc administrative details omitted

-SOURCE-
(July 26, 1947, ch. 343, title V, Sec. 503, as added Pub. L. 102-88, title VI, Sec. 602(a)(2), Aug. 14, 1991, 105 Stat. 442.)

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 413, 413a, 414 of this title.

50 USC Sec. 436 Has Changes 01/02/01

TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 15 - NATIONAL SECURITY
SUBCHAPTER VI - ACCESS TO CLASSIFIED INFORMATION

Sec. 436. Requests by authorized investigative agencies

(a) Generally

     (1) Any authorized investigative agency may request from any financial agency, financial institution, or holding company, or from any consumer reporting agency, such financial records, other financial information, and consumer reports as may be necessary in order to conduct any authorized law enforcement investigation, counterintelligence inquiry, or security determination. Any authorized investigative agency may also request records maintained by any commercial entity within the United States pertaining to travel by an employee in the executive branch of Government outside the United States.
     (2) Requests may be made under this section where -

     (A) the records sought pertain to a person who is or was an employee in the executive branch of Government required by the President in an Executive order or regulation, as a condition of access to classified information, to provide consent, during a background investigation and for such time as access to the information is maintained, and for a period of not more than three years thereafter, permitting access to financial records, other financial information, consumer reports, and travel records; and
     (B)

     (i) there are reasonable grounds to believe, based on credible information, that the person is, or may be, disclosing classified information in an unauthorized manner to a foreign power or agent of a foreign power;
     (ii) information the employing agency deems credible indicates the person has incurred excessive indebtedness or has acquired a level of affluence which cannot be explained by other information known to the agency; or
     (iii) circumstances indicate the person had the capability and opportunity to disclose classified information which is known to have been lost or compromised to a foreign power or an agent of a foreign power.

     (3) Each such request -

     (A) shall be accompanied by a written certification signed by the department or agency head or deputy department or agency head concerned, or by a senior official designated for this purpose by the department or agency head concerned (whose rank shall be no lower than Assistant Secretary or Assistant Director), and shall certify that -

     (i) the person concerned is or was an employee within the meaning of paragraph (2)(A);
     (ii) the request is being made pursuant to an authorized inquiry or investigation and is authorized under this section; and
     (iii) the records or information to be reviewed are records or information which the employee has previously agreed to make available to the authorized investigative agency for review;

     (B) shall contain a copy of the agreement referred to in subparagraph (A)(iii);
     (C) shall identify specifically or by category the records or information to be reviewed; and
     (D) shall inform the recipient of the request of the prohibition described in subsection (b) of this section.

(b) Disclosure of requests
Notwithstanding any other provision of law, no governmental or private entity, or officer, employee, or agent of such entity, may disclose to any person, other than those officers, employees, or agents of such entity necessary to satisfy a request made under this section, that such entity has received or satisfied a request made by an authorized investigative agency under this section.

(1) Notwithstanding any other provision of law (other than section 6103 of title 26), an entity receiving a request for records or information under subsection (a) of this section shall, if the request satisfies the requirements of this section, make available such records or information within 30 days for inspection or copying, as may be appropriate, by the agency requesting such records or information.
(2) Any entity (including any officer, employee, or agent thereof) that discloses records or information for inspection or copying pursuant to this section in good faith reliance upon the certifications made by an agency pursuant to this section shall not be liable for any such disclosure to any person under this subchapter, the constitution of any State, or any law or regulation of any State or any political subdivision of any State.

(d) Reimbursement of costs
Any agency requesting records or information under this section may, subject to the availability of appropriations, reimburse a private entity for any cost reasonably incurred by such entity in responding to such request, including the cost of identifying, reproducing, or transporting records or other data.

(e) Dissemination of records or information received
An agency receiving records or information pursuant to a request under this section may disseminate the records or information obtained pursuant to such request outside the agency only -

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     (1) to the agency employing the employee who is the subject of the records or information;
     (2) to the Department of Justice for law enforcement or counterintelligence purposes; or
     (3) with respect to dissemination to an agency of the United States, if such information is ~~clearly~~ (Pat II) relevant to the authorized responsibilities of such agency.

(Next Changes->)
(Next Patriot II Changes->)

(f) Construction of section
Nothing in this section may be construed to affect the authority of an investigative agency to obtain information pursuant to the Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) or the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).

-SOURCE-
(July 26, 1947, ch. 343, title VIII, Sec. 802, as added Pub. L. 103-359, title VIII, Sec. 802(a), Oct. 14, 1994, 108 Stat. 3436.)

REFERENCES IN TEXT
The Right to Financial Privacy Act, referred to in subsec. (f), probably means the Right to Financial Privacy Act of 1978, which is title XI of Pub. L. 95-630, Nov. 10, 1978, 92 Stat. 3697, as amended, and is classified generally to chapter 35 (Sec. 3401 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 3401 of Title 12 and Tables.

The Fair Credit Reporting Act, referred to in subsec. (f), is title VI of Pub. L. 90-321, as added by Pub. L. 91-508, title VI, Sec. 601, Oct. 26, 1970, 84 Stat. 1127, as amended, which is classified generally to subchapter III (Sec. 1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title of 1970 Amendment note set out under section 1601 of Title 15 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 435 of this title.

50 USC Sec. 1701 (extract) 01/02/01

TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS

Sec. 1701. Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

(a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
(b) The authorities granted to the President by section 1702 of this title may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

-SOURCE-
(Pub. L. 95-223, title II, Sec. 202, Dec. 28, 1977, 91 Stat. 1626.)

SHORT TITLE
Section 201 of title II of Pub. L. 95-223 provided that: ''This title (enacting this chapter) may be cited as the 'International Emergency Economic Powers Act'.''

SEPARABILITY
Section 208 of Pub. L. 95-223 provided that: ''If any provision of this Act (enacting this chapter) is held invalid, the remainder of the Act shall not be affected thereby.''

There follow the texts of various directives, mostly Public Laws and Executive Orders. These enact, mostly, sanctions such as the familiar ones against Libya, Iraq, and Iran. Since these consume some 400kb of file space, they are not presented here. To view the full text of this section, including these directives, go to U.S. Code Search and enter '50' for "Title", and '1701' for "Section".

50 USC Sec. 1702 Has Changes 01/02/01

Sec. 1702. Presidential authorities

(<-- Previous Changes)
(a)

     (1) At the times and to the extent specified in section 1701 of this title, the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise -

     (A) investigate, regulate, or prohibit -

     (i) any transactions in foreign exchange,
     (ii) transfers of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof,
     (iii) the importing or exporting of currency or securities~~; and~~ by any person, or with respect to any property, subject to the jurisdiction of the United States;

     (B) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any ~~interest;~~ interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and ~~by any person, or with respect to any property, subject to the jurisdiction of the United States.~~ (Pat I)

(C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes.
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     (2) In exercising the authorities granted by paragraph (1), the President may require any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, complete information relative to any act or transaction referred to in paragraph (1) either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which any foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of such paragraph.
     In any case in which a report by a person could be required under this paragraph, the President may require the production of any books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person.
     (3) Compliance with any regulation, instruction, or direction issued under this chapter shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this chapter, or any regulation, instruction, or direction issued under this chapter.

(b) The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly -

     (1) any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value;
     (2) donations, by persons subject to the jurisdiction of the United States, of articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, except to the extent that the President determines that such donations

     (A) would seriously impair his ability to deal with any national emergency declared under section 1701 of this title,
     (B) are in response to coercion against the proposed recipient or donor, or
     (C) would endanger Armed Forces of the United States which are engaged in hostilities or are in a situation where imminent involvement in hostilities is clearly indicated by the circumstances; or (FOOTNOTE 1)
(FOOTNOTE 1) So in original. The word ''or'' probably should not appear.

     (3) the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds.
The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise controlled for export under section 2404 of the Appendix to this title, or under section 2405 of the Appendix to this title to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18; or
     (4) any transactions ordinarily incident to travel to or from any country, including importation of accompanied baggage for personal use, maintenance within any country including payment of living expenses and acquisition of goods or services for personal use, and arrangement or facilitation of such travel including nonscheduled air, sea, or land voyages.

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(c) CLASSIFIED INFORMATION- In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.
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misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1701 of this title;
title 22 sections 6004, 7108;
title 28 section 1610.

50 USC Sec. 1703 01/02/01

Sec. 1703. Consultation and reports

(a) Consultation with Congress
The President, in every possible instance, shall consult with the Congress before exercising any of the authorities granted by this chapter and shall consult regularly with the Congress so long as such authorities are exercised.

(b) Report to Congress upon exercise of Presidential authorities Whenever the President exercises any of the authorities granted by this chapter, he shall immediately transmit to the Congress a report specifying -

     (1) the circumstances which necessitate such exercise of authority;
     (2) why the President believes those circumstances constitute an unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States;
     (3) the authorities to be exercised and the actions to be taken in the exercise of those authorities to deal with those circumstances;
     (4) why the President believes such actions are necessary to deal with those circumstances; and
     (5) any foreign countries with respect to which such actions are to be taken and why such actions are to be taken with respect to those countries.

(c) Periodic follow-up reports
At least once during each succeeding six-month period after transmitting a report pursuant to subsection (b) of this section with respect to an exercise of authorities under this chapter, the President shall report to the Congress with respect to the actions taken, since the last such report, in the exercise of such authorities, and with respect to any changes which have occurred concerning any information previously furnished pursuant to paragraphs (1) through (5) of subsection (b) of this section.

(d) Supplemental requirements
The requirements of this section are supplemental to those contained in title IV of the National Emergencies Act (50 U.S.C. 1641).

-SOURCE-
(Pub. L. 95-223, title II, Sec. 204, Dec. 28, 1977, 91 Stat. 1627.)

REFERENCES IN TEXT
The National Emergencies Act, referred to in subsec. (d), is Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title IV of the National Emergencies Act enacted subchapter IV (Sec. 1641) of chapter 34 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

50 USC Sec. 1704 01/02/01

Sec. 1704. Authority to issue regulations

The President may issue such regulations, including regulations prescribing definitions, as may be necessary for the exercise of the authorities granted by this chapter.

-SOURCE-
(Pub. L. 95-223, title II, Sec. 205, Dec. 28, 1977, 91 Stat. 1628.)

50 USC Sec. 1705 Has Changes 01/02/01

Sec. 1705. Penalties

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(a) A civil penalty of not to exceed ~~$10,000~~ $50,000 may be imposed on any person who violates, or attempts to violate, any license, order, or regulation issued under this chapter.
(b) Whoever willfully violates, or willfully attempts to violate, any license, order, or regulation issued under this chapter shall, upon conviction, be fined not more than ~~$50,000~~ $250,000, or, if a natural person, may be imprisoned for not more than ~~ten years~~ twenty years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 18 section 1956;
title 22 sections 2778, 7108.

50 USC Sec. 1801 Has Changes 01/02/01

TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE
SUBCHAPTER I - ELECTRONIC SURVEILLANCE

Sec. 1801. Definitions

As used in this subchapter:

(a) ''Foreign power'' means -

     (1) a foreign government or any component thereof, whether or not recognized by the United States;
     (2) a faction of a foreign nation or nations, not substantially composed of United States persons;
     (3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
     (4) a group or individual engaged in international terrorism or activities in preparation therefor;
     (5) a foreign-based political organization, not substantially composed of United States persons; or
     (6) an entity that is directed and controlled by a foreign government or governments.

(b) ''Agent of a foreign power'' means -

     (1) any person other than a United States person, who -

     (A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4) of this section;
     (B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances of such person's presence in the United States indicate that such person may engage in such activities in the United States, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities; or

     (2) any person who -

     (A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power~~, which activities involve or may involve a violation of the criminal statutes of the United States~~ (Pat II);
     (B) pursuant to the direction of an intelligence service or network of a foreign power, knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power, which activities involve or are about to involve a violation of the criminal statutes of the United States;
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     (C) knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor, for or on behalf of a foreign power;
     (D) knowingly enters the United States under a false or fraudulent identity for or on behalf of a foreign power or, while in the United States, knowingly assumes a false or fraudulent identity for or on behalf of a foreign power; or
     (E) knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C).

     (1) involve violent acts or acts dangerous to human life that are 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 any State;
     (2) appear to be intended -

     (A) to intimidate or coerce a civilian population;
     (B) to influence the policy of a government by intimidation or coercion; or
     (C) to affect the conduct of a government by assassination or kidnapping; and

     (3) occur totally outside the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum.

(d) ''Sabotage'' means activities that involve a violation of chapter 105 of title 18, or that would involve such a violation if committed against the United States.

(e) ''Foreign intelligence information'' means -

     (1) information that relates to, and if concerning a United States person is necessary to, the ability of the United States to 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; or

     (2) information with respect to a foreign power or foreign territory that relates to, and if concerning a United States person is necessary to -

     (A) the national defense or the security of the United States; or
     (B) the conduct of the foreign affairs of the United States.

Note: See also the definition in Patriot I, Sec 203(d)(2)

(f) ''Electronic surveillance'' means -

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     (1) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire or radio communication sent by or intended to be received by a particular, known United States person who is in the United States, if the contents are acquired by intentionally targeting that United States person, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes;
     (2) the acquisition by an electronic, mechanical, or other surveillance device of the contents of any wire communication to or from a person in the United States, without the consent of any party thereto, if such acquisition occurs in the United States, but does not include the acquisition of those communications of computer trespassers that would be permissible under section 2511(2)(i) of title 18, United States Code;
     (3) the intentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States; or
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     (4) the installation or use of an electronic, mechanical, or other surveillance device in the United States for monitoring to acquire information, other than from a wire or radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes.

(g) ''Attorney General'' means the Attorney General of the United States (or Acting Attorney General) or the Deputy Attorney General.

(h) ''Minimization procedures'', with respect to electronic surveillance, means -

     (1) specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purpose and technique of the particular surveillance, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;
     (2) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in subsection (e)(1) of this section, shall not be disseminated in a manner that identifies any United States person, without such person's consent, unless such person's identity is necessary to understand foreign intelligence information or assess its importance;
     (3) notwithstanding paragraphs (1) and (2), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes; and
     (4) notwithstanding paragraphs (1), (2), and (3), with respect to any electronic surveillance approved pursuant to section 1802(a) of this title, procedures that require that no contents of any communication to which a United States person is a party shall be disclosed, disseminated, or used for any purpose or retained for longer than twenty-four hours unless a court order under section 1805 of this title is obtained or unless the Attorney General determines that the information indicates a threat of death or serious bodily harm to any person.

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(i) ''United States person'' means a citizen of the United States, an alien lawfully admitted for permanent residence (as defined in section 1101(a)(20) of title 8), an unincorporated association a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence, or a corporation which is incorporated in the United States, but does not include a corporation or an association which is a foreign power, as defined in subsection (a)(1), (2), ~~or (3)~~ (3), or (4) of this section.
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(j) ''United States'', when used in a geographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory of the Pacific Islands.

(k) ''Aggrieved person'' means a person who is the target of an electronic surveillance or any other person whose communications or activities were subject to electronic surveillance.

(l) ''Wire communication'' means any communication while it is being carried by a wire, cable, or other like connection furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of interstate or foreign communications.

(m) ''Person'' means any individual, including any officer or employee of the Federal Government, or any group, entity, association, corporation, or foreign power.

(n) ''Contents'', when used with respect to a communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication.

(o) ''State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and any territory or possession of the United States.

misc administrative details omitted

SHORT TITLE
Section 1 of Pub. L. 95-511 provided in part: ''That this Act (enacting this chapter, amending sections 2511, 2518, and 2519 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note above) may be cited as the 'Foreign Intelligence Surveillance Act of 1978'.''

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 402a, 438, 1802, 1804, 1805, 1810, 1821, 1822, 1823, 1824, 1828, 1841, 1861 of this title;
title 12 section 3414;
title 15 section 1681u;
title 18 sections 794, 2511, 2709;
title 22 section 1442a;
title 42 section 10603b.

50 USC Sec. 1802 Has Changes 01/02/01

Sec. 1802. Electronic surveillance authorization without court order;
certification by Attorney General;
reports to Congressional committees;
transmittal under seal;
duties and compensation of communication common carrier;
applications; jurisdiction of court

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(a)

     (1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that -

     (A) the electronic surveillance is solely directed at -

     (i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801(a)(1), (2), or (3) of this title; or
     (ii) the acquisition of technical intelligence~~, other than the spoken communications of individuals,~~ (Pat II) from property or premises under the open and exclusive control of a foreign power, as defined in section 1801(a)(1), (2), or (3) of this title;
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     (B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and
     (C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801(h) of this title; and

if the Attorney General reports such minimization procedures and any changes thereto to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date, unless the Attorney General determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.

     (2) An electronic surveillance authorized by this subsection may be conducted only in accordance with the Attorney General's certification and the minimization procedures adopted by him. The Attorney General shall assess compliance with such procedures and shall report such assessments to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence under the provisions of section 1808(a) of this title.
     (3) The Attorney General shall immediately transmit under seal to the court established under section 1803(a) of this title a copy of his certification. Such certification shall be maintained under security measures established by the Chief Justice 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 surveillance is made under sections 1801(h)(4) and 1804 of this title; or
     (B) the certification is necessary to determine the legality of the surveillance under section 1806(f) of this title.

     (4) With respect to electronic surveillance authorized by this subsection, the Attorney General may direct a specified communication common carrier to -

     (A) furnish all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier is providing its customers; and
     (B) maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any records concerning the surveillance or the aid furnished which such carrier wishes to retain. The Government shall compensate, at the prevailing rate, such carrier for furnishing such aid.

(b) 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 court having jurisdiction under section 1803 of this title, and a judge to whom an application is made may, notwithstanding any other law, grant an order, in conformity with section 1805 of this title, approving electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information, except that the court shall not have jurisdiction to grant any order approving electronic surveillance directed solely as described in paragraph (1)(A) of subsection (a) of this section unless such surveillance may involve the acquisition of communications of any United States person.

-SOURCE-
(Pub. L. 95-511, title I, Sec. 102, Oct. 25, 1978, 92 Stat. 1786.)

EX. ORD. NO. 12139. EXERCISE OF CERTAIN AUTHORITY RESPECTING ELECTRONIC SURVEILLANCE
Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, provided:

By the authority vested in me as President by Sections 102 and 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802 and 1804), in order to provide as set forth in that Act (this chapter) for the authorization of electronic surveillance for foreign intelligence purposes, it is hereby ordered as follows:

1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.

1-102. Pursuant to Section 102(b) of the Foreign Intelligence Act of 1978 (50 U.S.C. 1802(b)), the Attorney General is authorized to approve applications to the court having jurisdiction under Section 103 of that Act (50 U.S.C. 1803) to obtain orders for electronic surveillance for the purpose of obtaining foreign intelligence information.

1-103. Pursuant to Section 104(a)(7) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)), 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 104(a)(7) of the Act in support of applications to conduct electronic surveillance:

     (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.
     (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 with the advice and consent of the Senate.

1-104. Section 2-202 of Executive Order No. 12036 (set out under section 401 of this title) is amended by inserting the following at the end of that section: ''Any electronic surveillance, as defined in the Foreign Intelligence Surveillance Act of 1978, shall be conducted in accordance with that Act as well as this Order.''.

1-105. Section 2-203 of Executive Order No. 12036 (set out under section 401 of this title) is amended by inserting the following at the end of that section: ''Any monitoring which constitutes electronic surveillance as defined in the Foreign Intelligence Surveillance Act of 1978 shall be conducted in accordance with that Act as well as this Order.''.
Jimmy Carter.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1801, 1805 of this title.

50 USC Sec. 1803 Has Changes 01/02/01

Sec. 1803. Designation of judges

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(a) Court to hear applications and grant orders; record of denial; transmittal to court of review
The Chief Justice of the United States shall publicly designate ~~seven district court judges~~ 11 district court judges from seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this chapter, except that no judge designated under this subsection shall hear the same application for electronic surveillance under this chapter which has been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this chapter, such judge shall provide immediately for the record a written statement of each reason of his decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b) of this section. Note: This change is NOT sunsetted on December 31, 2005-- Patriot I, Sec. 224

(b) Court of review; record, transmittal to Supreme Court
The Chief Justice shall publicly designate three judges, one of whom shall be publicly designated as the presiding judge, from the United States district courts or courts of appeals who together shall comprise a court of review which shall have jurisdiction to review the denial of any application made under this chapter.The court of review in its discretion may appoint counsel, with appropriate security clearance, to defend the denial of the application, and such counsel shall be compensated as provided for representation in an appellate court case under section 3006A(d) of title 18, United States Code. 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.

(c) Expeditious conduct of proceedings; security measures for maintenance of records
Proceedings under this chapter shall be conducted as expeditiously as possible. The record of proceedings under this chapter, including applications made and orders granted, shall be maintained under security measures established by the Chief Justice in consultation with the Attorney General and the Director of Central Intelligence.

(d) Enforcement of court's orders.
The court established by subsection (a) shall have the same authority as a United States district court to enforce its orders, including the authority to punish any disobedience of such orders as contempt of court.

~~(d)~~(e) Tenure
Each judge designated under this section shall so serve for a maximum of seven years and shall not be eligible for redesignation, except that the judges first designated under subsection (a) of this section shall be designated for terms of from one to seven years so that one term expires each year, and that judges first designated under subsection (b) of this section shall be designated for terms of three, five, and seven years.
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administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1802, 1804, 1805, 1821, 1822, 1824, 1842, 1862 of this title;
title 8 section 1532.

50 USC Sec. 1804 Has Changes 01/02/01

Sec. 1804. Applications for court orders

(a) Submission by Federal officer; approval of Attorney General; contents
Each application for an order approving electronic surveillance under this subchapter shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under section 1803 of this title. Each application shall require the approval of the Attorney General based upon his finding that it satisfies the criteria and requirements of such application as set forth in this subchapter. It shall include -

     (1) the identity of the Federal officer making the application;
     (2) the authority conferred on the Attorney General by the President of the United States and the approval of the Attorney General to make the application;
     (3) the identity, if known, or a description of the target of the electronic surveillance;
     (4) a statement of the facts and circumstances relied upon by the applicant to justify his belief that -

     (A) the target of the electronic surveillance is a foreign power or an agent of a foreign power; and
     (B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;

     (5) a statement of the proposed minimization procedures;
     (6) a detailed description of the nature of the information sought and the type of communications or activities to be subjected to the surveillance;
     (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 officers employed in the area of national security or defense and appointed by the President with the advice and consent of the Senate -

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     (A) that the certifying official deems the information sought to be foreign intelligence information;
     (B) that ~~the purpose~~ a significant purpose of the surveillance 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) including a statement of the basis for the certification that -

     (i) the information sought is the type of foreign intelligence information designated; and
     (ii) such information cannot reasonably be obtained by normal investigative techniques;

     (8) a statement of the means by which the surveillance will be effected and a statement whether physical entry is required to effect the surveillance;
     (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, facilities, or places specified in the application, and the action taken on each previous application;
     (10) a statement of the period of time for which the electronic surveillance is required to be maintained, and if the nature of the intelligence gathering is such that the approval of the use of electronic surveillance under this subchapter should not automatically terminate when the described type of information has first been obtained, a description of facts supporting the belief that additional information of the same type will be obtained thereafter; and
     (11) whenever more than one electronic, mechanical or other surveillance device is to be used with respect to a particular proposed electronic surveillance, the coverage of the devices involved and what minimization procedures apply to information acquired by each device.

(b) Exclusion of certain information respecting foreign power targets
Whenever the target of the electronic surveillance is a foreign power, as defined in section 1801(a)(1), (2), or (3) of this title, and each of the facilities or places at which the surveillance is directed is owned, leased, or exclusively used by that foreign power, the application need not contain the information required by paragraphs (6), (7)(E), (8), and (11) of subsection (a) of this section, but shall state whether physical entry is required to effect the surveillance and shall contain such information about the surveillance techniques and communications or other information concerning United States persons likely to be obtained as may be necessary to assess the proposed minimization procedures.

(c) Additional affidavits or certifications
The Attorney General may require any other affidavit or certification from any other officer in connection with the application.

(d) Additional information
The judge may require the applicant to furnish such other information as may be necessary to make the determinations required by section 1805 of this title.

(e) 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.

administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1802, 1805 of this title.

50 USC Sec. 1805 Has Changes 01/02/01

Sec. 1805. Issuance of order

(a) Necessary findings
Upon an application made pursuant to section 1804 of this title, the judge shall enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that -

     (1) the President has authorized the Attorney General to approve applications for electronic surveillance for foreign intelligence information;
     (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 electronic surveillance is a foreign power or an agent of a foreign power: Provided, That no United States person may be considered a foreign power or 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) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power;

     (4) the proposed minimization procedures meet the definition of minimization procedures under section 1804(h) of this title; and
     (5) the application which has been filed contains all statements and certifications required by section 1804 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 1804(a)(7)(E) of this title and any other information furnished under section 1804(d) 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.

     (1) specify -

     (A) the identity, if known, or a description of the target of the electronic surveillance;
     (B) the nature and location of each of the facilities or places at which the electronic surveillance will be directed;
     (C) the type of information sought to be acquired and the type of communications or activities to be subjected to the surveillance;
     (D) the means by which the electronic surveillance will be effected and whether physical entry will be used to effect the surveillance;
     (E) the period of time during which the electronic surveillance is approved; and
     (F) whenever more than one electronic, mechanical, or other surveillance device is to be used under the order, the authorized coverage of the devices involved and what minimization procedures shall apply to information subject to acquisition by each device; and

     (2) direct -

(<-- Previous Changes)
     (A) that the minimization procedures be followed;
     (B) that, upon the request of the applicant, a specified communication or other common carrier, landlord, custodian, or other specified person, or in circumstances where the Court finds that the actions of the target of the application may have the effect of thwarting the identification of a specified person, such other persons, furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance;
     (C) that such carrier, landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any records concerning the surveillance or the aid furnished that such person wishes to retain; and
     (D) that the applicant compensate, at the prevailing rate, such carrier, landlord, custodian, or other person for furnishing such aid.

(d) Exclusion of certain information respecting foreign power targets
Whenever the target of the electronic surveillance is a foreign power, as defined in section 1801(a)(1), (2), or (3) of this title, and each of the facilities or places at which the surveillance is directed is owned, leased, or exclusively used by that foreign power, the order need not contain the information required by subparagraphs (C), (D), and (F) of subsection (c)(1) of this section, but shall generally describe the information sought, the communications or activities to be subjected to the surveillance, and the type of electronic surveillance involved, including whether physical entry is required.

(e) Duration of order; extensions; review of circumstances under which information was acquired, retained or disseminated

(<-- Previous Patriot II Changes)
     (1) An order issued under this section may approve an electronic surveillance for the period necessary to achieve its purpose, or for ninety days, whichever is less, except that

(A) an order under this section shall approve an electronic surveillance targeted against a foreign power, as defined in section 1801(a)(1), (2), ~~or (3)~~ (3), or (4) of this title, for the period specified in the application or for one year, whichever is less, and

(B) an order under this Act for a surveillance 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 an original order upon an application for an extension and new findings made in the same manner as required for an original order, except that (Note: Patriot I calls for this addition to be made to Sec 1805(d)(2), but there is no such section and it appears to belong here:)

(A) an extension of an order under this chapter for a surveillance 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), may be for a period not to exceed one year if the judge finds probable cause to believe that no communication of any individual United States person will be acquired during the period and

(B) an extension of an order under this Act for a surveillance targeted against an agent of a foreign power as defined in section 101(b)(1)(A) may be for a period not to exceed 1 year.
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     (3) At or before the end of the period of time for which electronic surveillance is approved by an order or an extension, 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.

(f) Emergency orders
Notwithstanding any other provision of this subchapter, when the Attorney General reasonably determines that -

(1) an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; and
(2) the factual basis for issuance of an order under this subchapter to approve such surveillance exists;

he may authorize the emergency employment of electronic surveillance if a judge having jurisdiction under section 1803 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 employ emergency electronic surveillance and if an application in accordance with this subchapter is made to that judge as soon as practicable, but not more than twenty-four hours after the Attorney General authorizes such surveillance.
     If the Attorney General authorizes such emergency employment of electronic surveillance, he shall require that the minimization procedures required by this subchapter for the issuance of a judicial order be followed.
     In the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of twenty-four hours from the time of authorization by the Attorney General, whichever is earliest.
     In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance 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 surveillance 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 1803 of this title.

(g) Testing of electronic equipment; discovering unauthorized electronic surveillance; training of intelligence personnel
Notwithstanding any other provision of this subchapter, officers, employees, or agents of the United States are authorized in the normal course of their official duties to conduct electronic surveillance not targeted against the communications of any particular person or persons, under procedures approved by the Attorney General, solely to -

     (1) test the capability of electronic equipment, if -

     (A) it is not reasonable to obtain the consent of the persons incidentally subjected to the surveillance;
     (B) the test is limited in extent and duration to that necessary to determine the capability of the equipment;
     (C) the contents of any communication acquired are retained and used only for the purpose of determining the capability of the equipment, are disclosed only to test personnel, and are destroyed before or immediately upon completion of the test; and:
     (D) Provided, That the test may exceed ninety days only with the prior approval of the Attorney General;

     (2) determine the existence and capability of electronic surveillance equipment being used by persons not authorized to conduct electronic surveillance, if -

     (A) it is not reasonable to obtain the consent of persons incidentally subjected to the surveillance;
     (B) such electronic surveillance is limited in extent and duration to that necessary to determine the existence and capability of such equipment; and
     (C) any information acquired by such surveillance is used only to enforce chapter 119 of title 18, or section 605 of title 47, or to protect information from unauthorized surveillance; or

     (3) train intelligence personnel in the use of electronic surveillance equipment, if -

     (A) it is not reasonable to -

     (i) obtain the consent of the persons incidentally subjected to the surveillance;
     (ii) train persons in the course of surveillances otherwise authorized by this subchapter; or
     (iii) train persons in the use of such equipment without engaging in electronic surveillance;

     (B) such electronic surveillance is limited in extent and duration to that necessary to train the personnel in the use of the equipment; and
     (C) no contents of any communication acquired are retained or disseminated for any purpose, but are destroyed as soon as reasonably possible.

(<-- Previous Changes)
(h) Retention of certifications, applications and orders
Certifications made by the Attorney General pursuant to section 1802(a) of this title and applications made and orders granted under this subchapter shall be retained for a period of at least ten years from the date of the certification or application.

(h) 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 in accordance with a court order or request for emergency assistance under this Act. Note: =Patriot I Sec 225 "Insert after subsection (g)". The subsection letter of the text to be inserted is evidently in error.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1801, 1802, 1804, 1806, 1842 of this title;
title 47 section 1002.

50 USC Sec. 1806 Has Changes 01/02/01

Sec. 1806. Use of information

(a) Compliance with minimization procedures; privileged communications; lawful purposes
Information acquired from an electronic surveillance 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 otherwise privileged communication obtained in accordance with, or in violation of, the provisions of this subchapter shall lose its privileged character. No information acquired from an electronic surveillance pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.

(<-- Previous Patriot II Changes)
(b) 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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(c) Notification by United States
Whenever the Government 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 an electronic surveillance of that aggrieved person pursuant to the authority of this subchapter, the Government shall, prior to the trial, hearing, or 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 Government intends to so disclose or so use such information.

(d) 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 an electronic surveillance of that aggrieved person 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.

(e) Motion to suppress
Any person against whom evidence obtained or derived from an electronic surveillance 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 electronic surveillance on the grounds that -

(1) the information was unlawfully acquired; or
(2) the surveillance was not made in conformity with an order of authorization or approval.

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.

(f) In camera and ex parte review by district court
Whenever a court or other authority is notified pursuant to subsection (c) or (d) of this section, or 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 electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under this chapter, 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 law, if the Attorney General files an affidavit under oath that disclosure or an 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 surveillance as may be necessary to determine whether the surveillance 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 surveillance only where such disclosure is necessary to make an accurate determination of the legality of the surveillance.

(g) Suppression of evidence; denial of motion
If the United States district court pursuant to subsection (f) of this section determines that the surveillance 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 electronic surveillance of the aggrieved person or otherwise grant the motion of the aggrieved person. If the court determines that the surveillance was lawfully authorized and conducted, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.

(h) Finality of orders
Orders granting motions or requests under subsection (g) of this section, decisions under this section that electronic surveillance 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 a surveillance shall be final orders and binding upon all courts of the United States and the several States except a United States court of appeals and the Supreme Court.

(i) Destruction of unintentionally acquired information
In circumstances involving the unintentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States, such contents shall be destroyed upon recognition, unless the Attorney General determines that the contents indicate a threat of death or serious bodily harm to any person.

(j) Notification of emergency employment of electronic surveillance; contents; postponement, suspension or elimination
If an emergency employment of electronic surveillance is authorized under section 1805(e) (FOOTNOTE 1) of this title and a subsequent order approving the surveillance 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 electronic surveillance as the judge may determine in his discretion it is in the interest of justice to serve, notice of -
(FOOTNOTE 1) See References in Text note below.

     (1) the fact of the application;
     (2) the period of the surveillance; and
     (3) the fact that during the period information was or was not obtained.

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 ninety 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.

(<-- Previous Changes)
(k)

     (1) Federal officers who conduct electronic surveillance 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 104(a)(7)(B) or the entry of an order under section 105.

-SOURCE-
(Pub. L. 95-511, title I, Sec. 106, Oct. 25, 1978, 92 Stat. 1793.)

REFERENCES IN TEXT
Section 1805(e) of this title, referred to in subsec. (j), was redesignated section 1805(f) of this title by Pub. L. 106-567, title VI, Sec. 602(b)(1), Dec. 27, 2000, 114 Stat. 2851.

administrative detail omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1802 of this title;
title 8 section 1534.

50 USC Sec. 1809 Has Changes 01/02/01

Sec. 1809. Criminal sanctions

(a) Prohibited activities
A person is guilty of an offense if he intentionally -

(1) engages in electronic surveillance under color of law* except as authorized by statute; or
(2) discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by statute.

(<-- Previous Patriot II Changes)
(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 electronic surveillance 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) Penalties
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 I, Sec. 109, Oct. 25, 1978, 92 Stat. 1796.)

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1810 of this title.

50 USC Sec. 1811 Has Changes 01/02/01

Sec. 1811. Authorization during time of war

Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen 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.
(Next Changes->)
(Next Patriot II Changes->)

-SOURCE-
(Pub. L. 95-511, title I, Sec. 111, Oct. 25, 1978, 92 Stat. 1796.)

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