PM

RW

M A R B U R Y

Prepared by Kay Pauley, Legislative Specialist

Electronic Commerce & Privacy Practice Group

Piper Marbury Rudnick & Wolfe LLP, Washington, D.C.

(Additions Underscored; Deletions Stricken)

UNITED STATES CODE ANNOTATED

TITLE 12. BANKS AND BANKING

CHAPTER 35--RIGHT TO FINANCIAL PRIVACY

Current through P.L. 107-19, approved 7-10-01

(a)(1) Nothing in this chapter (except sections 3415, 3417, 3418, and 3421 of this

title) shall apply to the production and disclosure of financial records pursuant to requests

from--

(A) a Government authority authorized to conduct foreign counter- or foreign

positive-intelligence activities for purposes of conducting such activities; or

(B) the Secret Service for the purpose of conducting its protective functions

(18 U.S.C. 3056; 3 U.S.C. 202, Public Law 90-331, as amended).

(2) In the instances specified in paragraph (1), the Government authority shall submit

to the financial institution the certificate required in section 3403(b) of this title signed by a

supervisory official of a rank designated by the head of the Government authority.

(3) No financial institution, or officer, employee, or agent of such institution, shall

disclose to any person that a Government authority described in paragraph (1) has sought or

obtained access to a customer's financial records.

(4) The Government authority specified in paragraph (1) shall compile an annual

tabulation of the occasions in which this section was used.

(5)(A) Financial institutions, and officers, employees, and agents thereof, shall

comply with a request for a customer's or entity's financial records made pursuant to this

subsection by the Federal Bureau of Investigation when the Director of the Federal Bureau of

Investigation (or the Director's designee in a position not lower than Deputy Assistant

Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office

designated by the Director) certifies in writing to the financial institution that such records

are sought for foreign counter intelligence purposes and that there are specific and articulable

facts giving reason to believe that the customer or entity whose records are sought is a

foreign power or an agent of a foreign power as defined in section 1801 of Title 50 to protect

against international terrorism or clandestine intelligence activities, provided that such an

investigation of a United States person is not conducted solely upon the basis of activities

protected by the first amendment to the Constitution of the United States.

1

Sec. 501 amendments are not reflected (see Appendix).

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(B) The Federal Bureau of Investigation may disseminate information

obtained pursuant to this paragraph only as provided in guidelines approved by the

Attorney General for foreign intelligence collection and foreign counterintelligence

investigations conducted by the Federal Bureau of Investigation, and, with respect to

dissemination to an agency of the United States, only if such information is clearly

relevant to the authorized responsibilities of such agency.

(C) On a semiannual basis the Attorney General shall fully inform the

Permanent Select Committee on Intelligence of the House of Representatives and the

Select Committee on Intelligence of the Senate concerning all requests made pursuant

to this paragraph.

(D) No financial institution, or officer, employee, or agent of such institution,

shall disclose to any person that the Federal Bureau of Investigation has sought or

obtained access to a customer's or entity's financial records under this paragraph.

(b)(1) Nothing in this chapter shall prohibit a Government authority from obtaining

financial records from a financial institution if the Government authority determines that

delay in obtaining access to such records would create imminent danger of--

(A) physical injury to any person;

(B) serious property damage; or

(C) flight to avoid prosecution.

(2) In the instances specified in paragraph (1), the Government shall submit to the

financial institution the certificate required in section 3403(b) of this title signed by a

supervisory official of a rank designated by the head of the Government authority.

(3) Within five days of obtaining access to financial records under this subsection, the

Government authority shall file with the appropriate court a signed, sworn statement of a

supervisory official of a rank designated by the head of the Government authority setting

forth the grounds for the emergency access. The Government authority shall thereafter

comply with the notice provisions of section 3409(c) of this title.

(4) The Government authority specified in paragraph (1) shall compile an annual

tabulation of the occasions in which this section was used.

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UNITED STATES CODE ANNOTATED

TITLE 15. COMMERCE AND TRADE

CHAPTER 41--CONSUMER CREDIT PROTECTION

SUBCHAPTER III--CREDIT REPORTING AGENCIES

Current through P.L. 107-19, approved 7-10-01

(a) Identity of financial institutions

Notwithstanding section 1681b of this title or any other provision of this subchapter, a

consumer reporting agency shall furnish to the Federal Bureau of Investigation the names

and addresses of all financial institutions (as that term is defined in section 3401 of Title 12)

at which a consumer maintains or has maintained an account, to the extent that information is

in the files of the agency, when presented with a written request for that information, signed

by the Director of the Federal Bureau of Investigation, or the Director's designee in a position

not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in

Charge of a Bureau field office designated by the Director, which certifies compliance with

this section. The Director or the Director's designee may make such a certification only if the

Director or the Director's designee has determined in writing that--

(1) such information is necessary for the conduct of an authorized foreign

counterintelligence investigation; and

(2) there are specific and articulable facts giving reason to believe that the consumer--

(A) is a foreign power (as defined in section 1801 of Title 50) or a person who

is not a United States person (as defined in such section 1801 of title 50) and is an

official of a foreign power; or

(B) is an agent of a foreign power and is engaging or has engaged in an act of

international terrorism (as that term is defined in section 1801(c) of Title 50) or

clandestine intelligence activities that involve or may involve a violation of criminal

statutes of the United States. in writing, that such information is sought for the

conduct of an authorized investigation to protect against international terrorism or

clandestine intelligence activities, provided that such an investigation of a United

States person is not conducted solely upon the basis of activities protected by the first

amendment to the Constitution of the United States.

(b) Identifying information

Notwithstanding the provisions of section 1681b of this title or any other provision of

this subchapter, a consumer reporting agency shall furnish identifying information respecting

a consumer, limited to name, address, former addresses, places of employment, or former

places of employment, to the Federal Bureau of Investigation when presented with a written

request, signed by the Director or the Director's designee in a position not lower than Deputy

Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field

office designated by the Director, which certifies compliance with this subsection. The

Director or the Director's designee may make such a certification only if the Director or the

Director's designee has determined in writing that--

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(1) such information is necessary to the conduct of an authorized counterintelligence

investigation; and

(2) there is information giving reason to believe that the consumer has been, or is

about to be, in contact with a foreign power or an agent of a foreign power (as defined in

section 1801 of Title 50). in writing that such information is sought for the conduct of an

authorized investigation to protect against international terrorism or clandestine intelligence

activities, provided that such an investigation of a United States person is not conducted

solely upon the basis of activities protected by the first amendment to the Constitution of the

United States.

(c) Court order for disclosure of consumer reports

Notwithstanding section 1681b of this title or any other provision of this subchapter,

if requested in writing by the Director of the Federal Bureau of Investigation, or a designee

of the Director in a position not lower than Deputy Assistant Director at Bureau headquarters

or a Special Agent in Charge in a Bureau field office designated by the Director, a court may

issue an order ex parte directing a consumer reporting agency to furnish a consumer report to

the Federal Bureau of Investigation, upon a showing in camera that--

(1) the consumer report is necessary for the conduct of an authorized foreign

counterintelligence investigation; and

(2) there are specific and articulable facts giving reason to believe that the consumer

whose consumer report is sought--

(A) is an agent of a foreign power, and

(B) is engaging or has engaged in an act of international terrorism (as that

term is defined in section 1801(c) of Title 50) or clandestine intelligence activities

that involve or may involve a violation of criminal statutes of the United States. in

camera that the consumer report is sought for the conduct of an authorized

investigation to protect against international terrorism or clandestine intelligence

activities, provided that such an investigation of a United States person is not

conducted solely upon the basis of activities protected by the first amendment to the

Constitution of the United States.

The terms of an order issued under this subsection shall not disclose that the order is issued

for purposes of a counterintelligence investigation.

(d) Confidentiality

No consumer reporting agency or officer, employee, or agent of a consumer reporting

agency shall disclose to any person, other than those officers, employees, or agents of a

consumer reporting agency necessary to fulfill the requirement to disclose information to the

Federal Bureau of Investigation under this section, that the Federal Bureau of Investigation

has sought or obtained the identity of financial institutions or a consumer report respecting

any consumer under subsection (a), (b), or (c) of this section, and no consumer reporting

agency or officer, employee, or agent of a consumer reporting agency shall include in any

consumer report any information that would indicate that the Federal Bureau of Investigation

has sought or obtained such information or a consumer report.

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(e) Payment of fees

The Federal Bureau of Investigation shall, subject to the availability of

appropriations, pay to the consumer reporting agency assembling or providing report or

information in accordance with procedures established under this section a fee for

reimbursement for such costs as are reasonably necessary and which have been directly

incurred in searching, reproducing, or transporting books, papers, records, or other data

required or requested to be produced under this section.

(f) Limit on dissemination

The Federal Bureau of Investigation may not disseminate information obtained

pursuant to this section outside of the Federal Bureau of Investigation, except to other

Federal agencies as may be necessary for the approval or conduct of a foreign

counterintelligence investigation, or, where the information concerns a person subject to the

Uniform Code of Military Justice, to appropriate investigative authorities within the military

department concerned as may be necessary for the conduct of a joint foreign

counterintelligence investigation.

(g) Rules of construction

Nothing in this section shall be construed to prohibit information from being

furnished by the Federal Bureau of Investigation pursuant to a subpoena or court order, in

connection with a judicial or administrative proceeding to enforce the provisions of this

subchapter. Nothing in this section shall be construed to authorize or permit the withholding

of information from the Congress.

(h) Reports to Congress

On a semiannual basis, the Attorney General shall fully inform the Permanent Select

Committee on Intelligence and the Committee on Banking, Finance and Urban Affairs of the

House of Representatives, and the Select Committee on Intelligence and the Committee on

Banking, Housing, and Urban Affairs of the Senate concerning all requests made pursuant to

subsections (a), (b), and (c) of this section.

(i) Damages

Any agency or department of the United States obtaining or disclosing any consumer

reports, records, or information contained therein in violation of this section is liable to the

consumer to whom such consumer reports, records, or information relate in an amount equal

to the sum of--

(1) $100, without regard to the volume of consumer reports, records, or information

involved;

(2) any actual damages sustained by the consumer as a result of the disclosure;

(3) if the violation is found to have been willful or intentional, such punitive damages

as a court may allow; and

(4) in the case of any successful action to enforce liability under this subsection, the

costs of the action, together with reasonable attorney fees, as determined by the court.

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(j) Disciplinary actions for violations

If a court determines that any agency or department of the United States has violated

any provision of this section and the court finds that the circumstances surrounding the

violation raise questions of whether or not an officer or employee of the agency or

department acted willfully or intentionally with respect to the violation, the agency or

department shall promptly initiate a proceeding to determine whether or not disciplinary

action is warranted against the officer or employee who was responsible for the violation.

(k) Good-faith exception

Notwithstanding any other provision of this subchapter, any consumer reporting

agency or agent or employee thereof making disclosure of consumer reports or identifying

information pursuant to this subsection in good-faith reliance upon a certification of the

Federal Bureau of Investigation pursuant to provisions of this section shall not be liable to

any person for such disclosure under this subchapter, the constitution of any State, or any law

or regulation of any State or any political subdivision of any State.

(l) Limitation of remedies

Notwithstanding any other provision of this subchapter, the remedies and sanctions

set forth in this section shall be the only judicial remedies and sanctions for violation of this

section.

(m) Injunctive relief

In addition to any other remedy contained in this section, injunctive relief shall be

available to require compliance with the procedures of this section. In the event of any

successful action under this subsection, costs together with reasonable attorney fees, as

determined by the court, may be recovered.

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UNITED STATES CODE ANNOTATED

TITLE 18. CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 47--FRAUD AND FALSE STATEMENTS

Current through P.L. 107-19, approved 7-10-01

(a) Whoever--

(1) having knowingly accessed a computer without authorization or exceeding

authorized access, and by means of such conduct having obtained information that has been

determined by the United States Government pursuant to an Executive order or statute to

require protection against unauthorized disclosure for reasons of national defense or foreign

relations, or any restricted data, as defined in paragraph y of section 11 of the Atomic Energy

Act of 1954, with reason to believe that such information so obtained could be used to the

injury of the United States, or to the advantage of any foreign nation willfully communicates,

delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to

communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the

same to any person not entitled to receive it, or willfully retains the same and fails to deliver

it to the officer or employee of the United States entitled to receive it;

(2) intentionally accesses a computer without authorization or exceeds authorized

access, and thereby obtains--

(A) information contained in a financial record of a financial institution, or of

a card issuer as defined in section 1602(n) of title 15, or contained in a file of a

consumer reporting agency on a consumer, as such terms are defined in the Fair

Credit Reporting Act (15 U.S.C. 1681 et seq.);

(B) information from any department or agency of the United States; or

(C) information from any protected computer if the conduct involved an

interstate or foreign communication;

(3) intentionally, without authorization to access any nonpublic computer of a

department or agency of the United States, accesses such a computer of that department or

agency that is exclusively for the use of the Government of the United States or, in the case

of a computer not exclusively for such use, is used by or for the Government of the United

States and such conduct affects that use by or for the Government of the United States;

(4) knowingly and with intent to defraud, accesses a protected computer without

authorization, or exceeds authorized access, and by means of such conduct furthers the

intended fraud and obtains anything of value, unless the object of the fraud and the thing

2

Changes made by title V only are reflected. Title VIII also amends this section. These changes are

reflected in a separate document.

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obtained consists only of the use of the computer and the value of such use is not more than

$5,000 in any 1-year period;

(5)(A) knowingly causes the transmission of a program, information, code, or

command, and as a result of such conduct, intentionally causes damage without

authorization, to a protected computer;

(B) intentionally accesses a protected computer without authorization, and as

a result of such conduct, recklessly causes damage; or

(C) intentionally accesses a protected computer without authorization, and as

a result of such conduct, causes damage;

(6) knowingly and with intent to defraud traffics (as defined in section 1029) in any

password or similar information through which a computer may be accessed without

authorization, if--

(A) such trafficking affects interstate or foreign commerce; or

(B) such computer is used by or for the Government of the United States;

(7) with intent to extort from any person, firm, association, educational institution,

financial institution, government entity, or other legal entity, any money or other thing of

value, transmits in interstate or foreign commerce any communication containing any threat

to cause damage to a protected computer;

shall be punished as provided in subsection (c) of this section.

(b) Whoever attempts to commit an offense under subsection (a) of this section shall

be punished as provided in subsection (c) of this section.

(c) The punishment for an offense under subsection (a) or (b) of this section is--

(1)(A) a fine under this title or imprisonment for not more than ten years, or both, in

the case of an offense under subsection (a)(1) of this section which does not occur after a

conviction for another offense under this section, or an attempt to commit an offense

punishable under this subparagraph; and

(B) a fine under this title or imprisonment for not more than twenty years, or

both, in the case of an offense under subsection (a)(1) of this section which occurs

after a conviction for another offense under this section, or an attempt to commit an

offense punishable under this subparagraph;

(2)(A) a fine under this title or imprisonment for not more than one year, or both, in

the case of an offense under subsection (a)(2), (a)(3), (a)(5)(C), or (a)(6) of this section which

does not occur after a conviction for another offense under this section, or an attempt to

commit an offense punishable under this subparagraph; and [FN1]

(B) a fine under this title or imprisonment for not more than 5 years, or both,

in the case of an offense under subsection (a)(2), if--

(i) the offense was committed for purposes of commercial advantage

or private financial gain;

(ii) the offense was committed in furtherance of any criminal or

tortious act in violation of the Constitution or laws of the United States or of

any State; or

(iii) the value of the information obtained exceeds $5,000; [FN2]

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(C) a fine under this title or imprisonment for not more than ten years, or both,

in the case of an offense under subsection (a)(2), (a)(3) or (a)(6) of this section which

occurs after a conviction for another offense under this section, or an attempt to

commit an offense punishable under this subparagraph; and

(3)(A) a fine under this title or imprisonment for not more than five years, or both, in

the case of an offense under subsection (a)(4), (a)(5)(A), (a)(5)(B), or (a)(7) of this section

which does not occur after a conviction for another offense under this section, or an attempt

to commit an offense punishable under this subparagraph; and

(B) a fine under this title or imprisonment for not more than ten years, or both,

in the case of an offense under subsection (a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or

(a)(7) of this section which occurs after a conviction for another offense under this

section, or an attempt to commit an offense punishable under this subparagraph; and

[FN3]

(d)(1) The United States Secret Service shall, in addition to any other agency having

such authority, have the authority to investigate offenses under subsections (a)(2)(A),

(a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of this section.

(2) The Federal Bureau of Investigation shall have primary authority to investigate

offenses under subsection (a)(1) for any cases involving espionage, foreign

counterintelligence, information protected against unauthorized disclosure for reasons of

national defense or foreign relations, or Restricted Data (as that term is defined in section 11y

of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except for offenses affecting the

duties of the United States Secret Service pursuant to section 3056(a) of this title.

(3) Such authority of the United States Secret Service shall be exercised in

accordance with an agreement which shall be entered into by the Secretary of the Treasury

and the Attorney General.

(e) As used in this section--

(1) the term "computer" means an electronic, magnetic, optical, electrochemical, or

other high speed data processing device performing logical, arithmetic, or storage functions,

and includes any data storage facility or communications facility directly related to or

operating in conjunction with such device, but such term does not include an automated

typewriter or typesetter, a portable hand held calculator, or other similar device;

(2) the term "protected computer" means a computer--

(A) exclusively for the use of a financial institution or the United States

Government, or, in the case of a computer not exclusively for such use, used by or for

a financial institution or the United States Government and the conduct constituting

the offense affects that use by or for the financial institution or the Government; or

(B) which is used in interstate or foreign commerce or communication;

(3) the term "State" includes the District of Columbia, the Commonwealth of Puerto

Rico, and any other commonwealth, possession or territory of the United States;

(4) the term "financial institution" means--

(A) an institution with deposits insured by the Federal Deposit Insurance

Corporation;

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(B) the Federal Reserve or a member of the Federal Reserve including any

Federal Reserve Bank;

(C) a credit union with accounts insured by the National Credit Union

Administration;

(D) a member of the Federal home loan bank system and any home loan bank;

(E) any institution of the Farm Credit System under the Farm Credit Act of

1971;

(F) a broker-dealer registered with the Securities and Exchange Commission

pursuant to section 15 of the Securities Exchange Act of 1934;

(G) the Securities Investor Protection Corporation;

(H) a branch or agency of a foreign bank (as such terms are defined in

paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978); and

(I) an organization operating under section 25 or section 25(a) of the Federal

Reserve Act. [FN4]

(5) the term "financial record" means information derived from any record held by a

financial institution pertaining to a customer's relationship with the financial institution;

(6) the term "exceeds authorized access" means to access a computer with

authorization and to use such access to obtain or alter information in the computer that the

accesser is not entitled so to obtain or alter;

(7) the term "department of the United States" means the legislative or judicial branch

of the Government or one of the executive departments enumerated in section 101 of title 5;

and [FN5]

(8) the term "damage" means any impairment to the integrity or availability of data, a

program, a system, or information, that--

(A) causes loss aggregating at least $5,000 in value during any 1-year period

to one or more individuals;

(B) modifies or impairs, or potentially modifies or impairs, the medical

examination, diagnosis, treatment, or care of one or more individuals;

(C) causes physical injury to any person; or

(D) threatens public health or safety; and

(9) the term "government entity" includes the Government of the United States, any

State or political subdivision of the United States, any foreign country, and any state,

province, municipality, or other political subdivision of a foreign country.

(f) This section does not prohibit any lawfully authorized investigative, protective, or

intelligence activity of a law enforcement agency of the United States, a State, or a political

subdivision of a State, or of an intelligence agency of the United States.

(g) Any person who suffers damage or loss by reason of a violation of this section

may maintain a civil action against the violator to obtain compensatory damages and

injunctive relief or other equitable relief. Damages for violations involving damage as

defined in subsection (e)(8)(A) are limited to economic damages. No action may be brought

under this subsection unless such action is begun within 2 years of the date of the act

complained of or the date of the discovery of the damage.

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(h) The Attorney General and the Secretary of the Treasury shall report to the

Congress annually, during the first 3 years following the date of the enactment of this

subsection, concerning investigations and prosecutions under subsection (a)(5).

[FN1] So in original. The word "and" should probably not appear.

[FN2] So in original. Probably should be followed by "and".

[FN3] So in original. The "; and" should probably be a period.

[FN4] So in original. The period probably should be a semicolon.

[FN5] So in original. The word "and" should probably not appear.

UNITED STATES CODE ANNOTATED

TITLE 18. CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND

TRANSACTIONAL RECORDS ACCESS

Current through P.L. 107-19, approved 7-10-01

(a) Duty to provide.--A wire or electronic communication service provider shall

comply with a request for subscriber information and toll billing records information, or

electronic communication transactional records in its custody or possession made by the

Director of the Federal Bureau of Investigation under subsection (b) of this section.

(b) Required certification.--The Director of the Federal Bureau of Investigation, or his

designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a

Special Agent in Charge in a Bureau field office designated by the Director, may--

(1) request the name, address, length of service, and local and long distance toll

billing records of a person or entity if the Director (or his designee in a position not lower

than Deputy Assistant Director) certifies in writing to the wire or electronic communication

service provider to which the request is made that--

(A) the name, address, length of service, and toll billing records sought are

relevant to an authorized foreign counterintelligence investigation; and

(B) there are specific and articulable facts giving reason to believe that the

person or entity to whom the information sought pertains is a foreign power or an

agent of a foreign power as defined in section 101 of the Foreign Intelligence

Surveillance Act of 1978 (50 U.S.C. 1801); and made that the name, address, length

of service, and toll billing records sought are relevant to an authorized investigation to

protect against international terrorism or clandestine intelligence activities, provided

that such an investigation of a United States person is not conducted solely on the

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basis of activities protected by the first amendment to the Constitution of the United

States; and

(2) request the name, address, and length of service of a person or entity if the

Director (or his designee in a position not lower than Deputy Assistant Director) certifies in

writing to the wire or electronic communication service provider to which the request is

made that--

(A) the information sought is relevant to an authorized foreign

counterintelligence investigation; and

(B) there are specific and articulable facts giving reason to believe that

communication facilities registered in the name of the person or entity have been

used, through the services of such provider, in communication with--

(i) an individual who is engaging or has engaged in international

terrorism as defined in section 101(c) of the Foreign Intelligence Surveillance

Act or clandestine intelligence activities that involve or may involve a

violation of the criminal statutes of the United States; or

(ii) a foreign power or an agent of a foreign power under

circumstances giving reason to believe that the communication concerned

international terrorism as defined in section 101(c) of the Foreign Intelligence

Surveillance Act or clandestine intelligence activities that involve or may

involve a violation of the criminal statutes of the United States. made that the

information sought is relevant to an authorized investigation to protect against

international terrorism or clandestine intelligence activities, provided that such

an investigation of a United States person is not conducted solely upon the

basis of activities protected by the first amendment to the Constitution of the

United States.

(c) Prohibition of certain disclosure.--No wire or electronic communication service

provider, or officer, employee, or agent thereof, shall disclose to any person that the Federal

Bureau of Investigation has sought or obtained access to information or records under this

section.

(d) Dissemination by bureau.--The Federal Bureau of Investigation may disseminate

information and records obtained under this section only as provided in guidelines approved

by the Attorney General for foreign intelligence collection and foreign counterintelligence

investigations conducted by the Federal Bureau of Investigation, and, with respect to

dissemination to an agency of the United States, only if such information is clearly relevant

to the authorized responsibilities of such agency.

(e) Requirement that certain congressional bodies be informed.--On a semiannual

basis the Director of the Federal Bureau of Investigation shall fully inform the Permanent

Select Committee on Intelligence of the House of Representatives and the Select Committee

on Intelligence of the Senate, and the Committee on the Judiciary of the House of

Representatives and the Committee on the Judiciary of the Senate, concerning all requests

made under subsection (b) of this section.

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UNITED STATES CODE ANNOTATED

TITLE 18. CRIMES AND CRIMINAL PROCEDURE

PART II--CRIMINAL PROCEDURE

CHAPTER 203--ARREST AND COMMITMENT

Current through P.L. 107-19, approved 7-10-01

(a) Under the direction of the Secretary of the Treasury, the United States Secret

Service is authorized to protect the following persons:

(1) The President, the Vice President (or other officer next in the order of succession

to the Office of President), the President-elect, and the Vice President-elect.

(2) The immediate families of those individuals listed in paragraph (1).

(3) Former Presidents and their spouses for their lifetimes, except that protection of a

spouse shall terminate in the event of remarriage unless the former President did not serve as

President prior to January 1, 1997, in which case, former Presidents and their spouses for a

period of not more than ten years from the date a former President leaves office, except that--

(A) protection of a spouse shall terminate in the event of remarriage or the

divorce from, or death of a former President; and

(B) should the death of a President occur while in office or within one year

after leaving office, the spouse shall receive protection for one year from the time of

such death:

Provided, That the Secretary of the Treasury shall have the authority to direct the Secret

Service to provide temporary protection for any of these individuals at any time if the

Secretary of the Treasury or designee determines that information or conditions warrant such

protection.

(4) Children of a former President who are under 16 years of age for a period not to

exceed ten years or upon the child becoming 16 years of age, whichever comes first.

(5) Visiting heads of foreign states or foreign governments.

(6) Other distinguished foreign visitors to the United States and official

representatives of the United States performing special missions abroad when the President

directs that such protection be provided.

(7) Major Presidential and Vice Presidential candidates and, within 120 days of the

general Presidential election, the spouses of such candidates. As used in this paragraph, the

term "major Presidential and Vice Presidential candidates" means those individuals identified

as such by the Secretary of the Treasury after consultation with an advisory committee

consisting of the Speaker of the House of Representatives, the minority leader of the House

of Representatives, the majority and minority leaders of the Senate, and one additional

member selected by the other members of the committee.

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The protection authorized in paragraphs (2) through (7) may be declined.

(b) Under the direction of the Secretary of the Treasury, the Secret Service is

authorized to detect and arrest any person who violates--

(1) section 508, 509, 510, 871, or 879 of this title or, with respect to the Federal

Deposit Insurance Corporation, Federal land banks, and Federal land bank associations,

section 213, 216, 433, 493, 657, 709, 1006, 1007, 1011, 1013, 1014, 1907, or 1909 of this

title;

(2) any of the laws of the United States relating to coins, obligations, and securities of

the United States and of foreign governments; or

(3) any of the laws of the United States relating to electronic fund transfer frauds,

credit and debit card access device frauds, and false identification documents or devices, and

any fraud or other criminal or unlawful activity in or against any federally insured financial

institution; except that the authority conferred by this paragraph shall be exercised subject to

the agreement of the Attorney General and the Secretary of the Treasury and shall not affect

the authority of any other Federal law enforcement agency with respect to those laws.

(c)(1) Under the direction of the Secretary of the Treasury, officers and agents of the

Secret Service are authorized to--

(A) execute warrants issued under the laws of the United States;

(B) carry firearms;

(C) make arrests without warrant for any offense against the United States

committed in their presence, or for any felony cognizable under the laws of the

United States if they have reasonable grounds to believe that the person to be arrested

has committed or is committing such felony;

(D) offer and pay rewards for services and information leading to the

apprehension of persons involved in the violation or potential violation of those

provisions of law which the Secret Service is authorized to enforce;

(E) pay expenses for unforeseen emergencies of a confidential nature under

the direction of the Secretary of the Treasury and accounted for solely on the

Secretary's certificate; and

(F) perform such other functions and duties as are authorized by law.

(2) Funds expended from appropriations available to the Secret Service for the

purchase of counterfeits and subsequently recovered shall be reimbursed to the

appropriations available to the Secret Service at the time of the reimbursement.

(d) Whoever knowingly and willfully obstructs, resists, or interferes with a Federal

law enforcement agent engaged in the performance of the protective functions authorized by

this section or by section 1752 of this title shall be fined not more than $1,000 or imprisoned

not more than one year, or both.

(e)(1) When directed by the President, the United States Secret Service is authorized

to participate, under the direction of the Secretary of the Treasury, in the planning,

coordination, and implementation of security operations at special events of national

significance, as determined by the President.

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(2) At the end of each fiscal year, the President through such agency or office as the

President may designate, shall report to the Congress--

(A) what events, if any, were designated special events of national

significance for security purposes under paragraph (1); and

(B) the criteria and information used in making each designation.

UNITED STATES CODE ANNOTATED

TITLE 20. EDUCATION

CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION

SUBCHAPTER III--GENERAL REQUIREMENTS AND CONDITIONS CONCERNING

OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL

AUTHORITY OF SECRETARY

PART 4--RECORDS; PRIVACY; LIMITATION ON WITHHOLDING FEDERAL FUNDS

Current through P.L. 107-19, approved 7-10-01

(a) Conditions for availability of funds to educational agencies or institutions; inspection and

review of education records; specific information to be made available; procedure for access

to education records; reasonableness of time for such access; hearings; written explanations

by parents; definitions

(1)(A) No funds shall be made available under any applicable program to any

educational agency or institution which has a policy of denying, or which effectively

prevents, the parents of students who are or have been in attendance at a school of such

agency or at such institution, as the case may be, the right to inspect and review the education

records of their children. If any material or document in the education record of a student

includes information on more than one student, the parents of one of such students shall have

the right to inspect and review only such part of such material or document as relates to such

student or to be informed of the specific information contained in such part of such material.

Each educational agency or institution shall establish appropriate procedures for the granting

of a request by parents for access to the education records of their children within a

reasonable period of time, but in no case more than forty-five days after the request has been

made.

(B) No funds under any applicable program shall be made available to any

State educational agency (whether or not that agency is an educational agency or

institution under this section) that has a policy of denying, or effectively prevents, the

parents of students the right to inspect and review the education records maintained

by the State educational agency on their children who are or have been in attendance

at any school of an educational agency or institution that is subject to the provisions

of this section.

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(C) The first sentence of subparagraph (A) shall not operate to make available

to students in institutions of postsecondary education the following materials:

(i) financial records of the parents of the student or any information

contained therein;

(ii) confidential letters and statements of recommendation, which were

placed in the education records prior to January 1, 1975, if such letters or

statements are not used for purposes other than those for which they were

specifically intended;

(iii) if the student has signed a waiver of the student's right of access

under this subsection in accordance with subparagraph (D), confidential

recommendations--

(I) respecting admission to any educational agency or

institution,

(II) respecting an application for employment, and

(III) respecting the receipt of an honor or honorary recognition.

(D) A student or a person applying for admission may waive his right of

access to confidential statements described in clause (iii) of subparagraph (C), except

that such waiver shall apply to recommendations only if (i) the student is, upon

request, notified of the names of all persons making confidential recommendations

and (ii) such recommendations are used solely for the purpose for which they were

specifically intended. Such waivers may not be required as a condition for admission

to, receipt of financial aid from, or receipt of any other services or benefits from such

agency or institution.

(2) No funds shall be made available under any applicable program to any

educational agency or institution unless the parents of students who are or have been in

attendance at a school of such agency or at such institution are provided an opportunity for a

hearing by such agency or institution, in accordance with regulations of the Secretary, to

challenge the content of such student's education records, in order to insure that the records

are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and

to provide an opportunity for the correction or deletion of any such inaccurate, misleading or

otherwise inappropriate data contained therein and to insert into such records a written

explanation of the parents respecting the content of such records.

(3) For the purposes of this section the term "educational agency or institution" means

any public or private agency or institution which is the recipient of funds under any

applicable program.

(4)(A) For the purposes of this section, the term "education records" means, except as

may be provided otherwise in subparagraph (B), those records, files, documents, and other

materials which--

(i) contain information directly related to a student; and

(ii) are maintained by an educational agency or institution or by a

person acting for such agency or institution.

(B) The term "education records" does not include--

(i) records of instructional, supervisory, and administrative personnel

and educational personnel ancillary thereto which are in the sole possession of

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the maker thereof and which are not accessible or revealed to any other person

except a substitute;

(ii) records maintained by a law enforcement unit of the educational

agency or institution that were created by that law enforcement unit for the

purpose of law enforcement;

(iii) in the case of persons who are employed by an educational agency

or institution but who are not in attendance at such agency or institution,

records made and maintained in the normal course of business which relate

exclusively to such person in that person's capacity as an employee and are

not available for use for any other purpose; or

(iv) records on a student who is eighteen years of age or older, or is

attending an institution of postsecondary education, which are made or

maintained by a physician, psychiatrist, psychologist, or other recognized

professional or paraprofessional acting in his professional or paraprofessional

capacity, or assisting in that capacity, and which are made, maintained, or

used only in connection with the provision of treatment to the student, and are

not available to anyone other than persons providing such treatment, except

that such records can be personally reviewed by a physician or other

appropriate professional of the student's choice.

(5)(A) For the purposes of this section the term "directory information" relating to a

student includes the following: the student's name, address, telephone listing, date and place

of birth, major field of study, participation in officially recognized activities and sports,

weight and height of members of athletic teams, dates of attendance, degrees and awards

received, and the most recent previous educational agency or institution attended by the

student.

(B) Any educational agency or institution making public directory information

shall give public notice of the categories of information which it has designated as

such information with respect to each student attending the institution or agency and

shall allow a reasonable period of time after such notice has been given for a parent to

inform the institution or agency that any or all of the information designated should

not be released without the parent's prior consent.

(6) For the purposes of this section, the term "student" includes any person with

respect to whom an educational agency or institution maintains education records or

personally identifiable information, but does not include a person who has not been in

attendance at such agency or institution.

(b) Release of education records; parental consent requirement; exceptions; compliance

with judicial orders and subpoenas; audit and evaluation of federally-supported education

programs; recordkeeping

(1) No funds shall be made available under any applicable program to any

educational agency or institution which has a policy or practice of permitting the release of

education records (or personally identifiable information contained therein other than

directory information, as defined in paragraph (5) of subsection (a) of this section) of

students without the written consent of their parents to any individual, agency, or

organization, other than to the following--

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(A) other school officials, including teachers within the educational institution

or local educational agency, who have been determined by such agency or institution

to have legitimate educational interests, including the educational interests of the

child for whom consent would otherwise be required;

(B) officials of other schools or school systems in which the student seeks or

intends to enroll, upon condition that the student's parents be notified of the transfer,

receive a copy of the record if desired, and have an opportunity for a hearing to

challenge the content of the record;

(C) (i) authorized representatives of (I) the Comptroller General of the United

States, (II) the Secretary, or (III) State educational authorities, under the conditions

set forth in paragraph (3), or (ii) authorized representatives of the Attorney General

for law enforcement purposes under the same conditions as apply to the Secretary

under paragraph (3);

(D) in connection with a student's application for, or receipt of, financial aid;

(E) State and local officials or authorities to whom such information is

specifically allowed to be reported or disclosed pursuant to State statute adopted--

(i) before November 19, 1974, if the allowed reporting or disclosure

concerns the juvenile justice system and such system's ability to effectively

serve the student whose records are released, or

(ii) after November 19, 1974, if--

(I) the allowed reporting or disclosure concerns the juvenile

justice system and such system's ability to effectively serve, prior to

adjudication, the student whose records are released; and

(II) the officials and authorities to whom such information is

disclosed certify in writing to the educational agency or institution that

the information will not be disclosed to any other party except as

provided under State law without the prior written consent of the

parent of the student. [FN1]

(F) organizations conducting studies for, or on behalf of, educational agencies

or institutions for the purpose of developing, validating, or administering predictive

tests, administering student aid programs, and improving instruction, if such studies

are conducted in such a manner as will not permit the personal identification of

students and their parents by persons other than representatives of such organizations

and such information will be destroyed when no longer needed for the purpose for

which it is conducted;

(G) accrediting organizations in order to carry out their accrediting functions;

(H) parents of a dependent student of such parents, as defined in section 152

of Title 26;

(I) subject to regulations of the Secretary, in connection with an emergency,

appropriate persons if the knowledge of such information is necessary to protect the

health or safety of the student or other persons; and

(J)(i) the entity or persons designated in a Federal grand jury subpoena, in

which case the court shall order, for good cause shown, the educational agency or

institution (and any officer, director, employee, agent, or attorney for such agency or

institution) on which the subpoena is served, to not disclose to any person the

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existence or contents of the subpoena or any information furnished to the grand jury

in response to the subpoena; and

(ii) the entity or persons designated in any other subpoena issued for a

law enforcement purpose, in which case the court or other issuing agency may

order, for good cause shown, the educational agency or institution (and any

officer, director, employee, agent, or attorney for such agency or institution)

on which the subpoena is served, to not disclose to any person the existence or

contents of the subpoena or any information furnished in response to the

subpoena.

Nothing in clause (E) of this paragraph shall prevent a State from further limiting the number

or type of State or local officials who will continue to have access thereunder.

(2) No funds shall be made available under any applicable program to any

educational agency or institution which has a policy or practice of releasing, or providing

access to, any personally identifiable information in education records other than directory

information, or as is permitted under paragraph (1) of this subsection, unless--

(A) there is written consent from the student's parents specifying records to be

released, the reasons for such release, and to whom, and with a copy of the records to

be released to the student's parents and the student if desired by the parents, or

(B) except as provided in paragraph (1)(J), such information is furnished in

compliance with judicial order, or pursuant to any lawfully issued subpoena, upon

condition that parents and the students are notified of all such orders or subpoenas in

advance of the compliance therewith by the educational institution or agency.

(3) Nothing contained in this section shall preclude authorized representatives of (A)

the Comptroller General of the United States, (B) the Secretary, or (C) State educational

authorities from having access to student or other records which may be necessary in

connection with the audit and evaluation of Federally-supported education programs, or in

connection with the enforcement of the Federal legal requirements which relate to such

programs: Provided, That except when collection of personally identifiable information is

specifically authorized by Federal law, any data collected by such officials shall be protected

in a manner which will not permit the personal identification of students and their parents by

other than those officials, and such personally identifiable data shall be destroyed when no

longer needed for such audit, evaluation, and enforcement of Federal legal requirements.

(4)(A) Each educational agency or institution shall maintain a record, kept with the

education records of each student, which will indicate all individuals (other than those

specified in paragraph (1)(A) of this subsection), agencies, or organizations which have

requested or obtained access to a student's education records maintained by such educational

agency or institution, and which will indicate specifically the legitimate interest that each

such person, agency, or organization has in obtaining this information. Such record of access

shall be available only to parents, to the school official and his assistants who are responsible

for the custody of such records, and to persons or organizations authorized in, and under the

conditions of, clauses (A) and (C) of paragraph (1) as a means of auditing the operation of

the system.

(B) With respect to this subsection, personal information shall only be

transferred to a third party on the condition that such party will not permit any other

party to have access to such information without the written consent of the parents of

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the student. If a third party outside the educational agency or institution permits

access to information in violation of paragraph (2)(A), or fails to destroy information

in violation of paragraph (1)(F), the educational agency or institution shall be

prohibited from permitting access to information from education records to that third

party for a period of not less than five years.

(5) Nothing in this section shall be construed to prohibit State and local educational

officials from having access to student or other records which may be necessary in

connection with the audit and evaluation of any federally or State supported education

program or in connection with the enforcement of the Federal legal requirements which

relate to any such program, subject to the conditions specified in the proviso in paragraph (3).

(6)(A) Nothing in this section shall be construed to prohibit an institution of

postsecondary education from disclosing, to an alleged victim of any crime of violence (as

that term is defined in section 16 of Title 18), or a nonforcible sex offense, the final results of

any disciplinary proceeding conducted by such institution against the alleged perpetrator of

such crime or offense with respect to such crime or offense.

(B) Nothing in this section shall be construed to prohibit an institution of

postsecondary education from disclosing the final results of any disciplinary

proceeding conducted by such institution against a student who is an alleged

perpetrator of any crime of violence (as that term is defined in section 16 of Title 18),

or a nonforcible sex offense, if the institution determines as a result of that

disciplinary proceeding that the student committed a violation of the institution's rules

or policies with respect to such crime or offense.

(C) For the purpose of this paragraph, the final results of any disciplinary

proceeding--

(i) shall include only the name of the student, the violation committed,

and any sanction imposed by the institution on that student; and

(ii) may include the name of any other student, such as a victim or

witness, only with the written consent of that other student.

(7)(A) Nothing in this section may be construed to prohibit an educational institution

from disclosing information provided to the institution under section 14071 of Title 42

concerning registered sex offenders who are required to register under such section.

(B) The Secretary shall take appropriate steps to notify educational institutions

that disclosure of information described in subparagraph (A) is permitted.

(c) Surveys or data-gathering activities; regulations

Not later than 240 days after October 20, 1994, the Secretary shall adopt appropriate

regulations or procedures, or identify existing regulations or procedures, which protect the

rights of privacy of students and their families in connection with any surveys or datagathering

activities conducted, assisted, or authorized by the Secretary or an administrative

head of an education agency. Regulations established under this subsection shall include

provisions controlling the use, dissemination, and protection of such data. No survey or datagathering

activities shall be conducted by the Secretary, or an administrative head of an

education agency under an applicable program, unless such activities are authorized by law.

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(d) Students' rather than parents' permission or consent

For the purposes of this section, whenever a student has attained eighteen years of

age, or is attending an institution of postsecondary education, the permission or consent

required of and the rights accorded to the parents of the student shall thereafter only be

required of and accorded to the student.

(e) Informing parents or students of rights under this section

No funds shall be made available under any applicable program to any educational

agency or institution unless such agency or institution effectively informs the parents of

students, or the students, if they are eighteen years of age or older, or are attending an

institution of postsecondary education, of the rights accorded them by this section.

(f) Enforcement; termination of assistance

The Secretary shall take appropriate actions to enforce this section and to deal with

violations of this section, in accordance with this chapter, except that action to terminate

assistance may be taken only if the Secretary finds there has been a failure to comply with

this section, and he has determined that compliance cannot be secured by voluntary means.

(g) Office and review board; creation; functions

The Secretary shall establish or designate an office and review board within the

Department for the purpose of investigating, processing, reviewing, and adjudicating

violations of this section and complaints which may be filed concerning alleged violations of

this section. Except for the conduct of hearings, none of the functions of the Secretary under

this section shall be carried out in any of the regional offices of such Department.

(h) Disciplinary records; disclosure

Nothing in this section shall prohibit an educational agency or institution from--

(1) including appropriate information in the education record of any student

concerning disciplinary action taken against such student for conduct that posed a significant

risk to the safety or well-being of that student, other students, or other members of the school

community; or

(2) disclosing such information to teachers and school officials, including teachers

and school officials in other schools, who have legitimate educational interests in the

behavior of the student.

(i) Drug and alcohol violation disclosures

(1) In general

Nothing in this chapter [20 U.S.C.A. § 1221 et seq.] or chapter 28 of this title [20

U.S.C.A. § 1001 et seq.] shall be construed to prohibit an institution of higher education from

disclosing, to a parent or legal guardian of a student, information regarding any violation of

any Federal, State, or local law, or of any rule or policy of the institution, governing the use

or possession of alcohol or a controlled substance, regardless of whether that information is

contained in the student's education records, if--

(A) the student is under the age of 21; and

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(B) the institution determines that the student has committed a disciplinary

violation with respect to such use or possession.

(2) State law regarding disclosure

Nothing in paragraph (1) shall be construed to supersede any provision of State law

that prohibits an institution of higher education from making the disclosure described in

subsection (a).

law, the Attorney General (or any Federal officer or employee, in a position not lower than

an Assistant Attorney General, designated by the Attorney General) may submit a written

application to a court of competent jurisdiction for an ex parte order requiring an educational

agency or institution to permit the Attorney General (or his designee) to—

(A) collect education records in the possession of the educational agency or

institution that are relevant to an authorized investigation or prosecution of an offense

listed in section 2332b(g)(5)(B) of title 18 United States Code, or an act of domestic

or international terrorism as defined in section 2331 of that title; and

(B) for official purposes related to the investigation or prosecution of an

offense described in paragraph (1)(A), retain, disseminate, and use (including as

evidence at trial or in other administrative or judicial proceedings) such records,

consistent with such guidelines as the Attorney General, after consultation with the

Secretary, shall issue to protect confidentiality.

specific and articulable facts giving reason to believe that the education records are

likely to contain information described in paragraph (1)(A).

(B) The court shall issue an order described in paragraph (1) if the court finds

that the application for the order includes the certification described in subparagraph

(A).

institution that, in good faith, produces education records in accordance with an order issued

under this subsection shall not be liable to any person for that production.

a court order under this subsection.

[FN1] So in original. The period probably should be a comma.

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UNITED STATES CODE ANNOTATED

TITLE 20. EDUCATION

CHAPTER 71--NATIONAL EDUCATION STATISTICS

Current through P.L. 107-19, approved 7-10-01

(a) Confidentiality standards

(1) In general

(A) The Center shall develop and enforce standards designed to protect the

confidentiality of persons in the collection, reporting, and publication of data under

this chapter.

(B) This section shall not be construed to protect the confidentiality of

information about institutions, organizations, and agencies that receive grants from,

or have contracts or cooperative agreements with, the Federal Government.

(2) Prohibition

No person may--

(A) use any individually identifiable information furnished under this chapter

for any purpose other than a statistical purpose;

(B) make any publication whereby the data furnished by any particular person

under this chapter can be identified; or

(C) permit anyone other than the individuals authorized by the Commissioner

to examine the individual reports.

(b) Administration

(1) In general

No department, bureau, agency, officer, or employee of the Federal Government,

except the Commissioner in carrying out the purposes of this chapter, shall require, for any

reason, copies of reports that have been filed under this chapter with the Center or retained

by any individual respondent. Copies of such reports that have been so filed or retained with

the Center or any of the Center's employees, contractors, or agents shall be immune from

legal process, and shall not, without the consent of the individual concerned, be admitted as

evidence or used for any purpose in any action, suit, or other judicial or administrative

proceeding. This paragraph shall apply only to individually identifiable information (as

defined in paragraph (5)(A)).

(2) Employee or staff violations

Whoever, being or having been an employee or staff member of the Department,

having taken or subscribed the oath of office, or having sworn to observe the limitations

imposed by subsection (a)(2) of this section, knowingly publishes or communicates any

individually identifiable information (as defined in paragraph (5)(A)), the disclosure of which

is prohibited by subsection (a)(2) of this section, and that comes into such employee or staff's

possession by reason of employment (or otherwise providing services) under this chapter,

shall be found guilty of a class E felony and imprisoned for not more than five years, or fined

as specified in section 3571 of Title 18 or both.

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(3) Temporary staff

The Commissioner may utilize temporary staff, including employees of Federal,

State, or local agencies or instrumentalities (including local educational agencies), and

employees of private organizations to assist the Center in performing the Center's

responsibilities, but only if such temporary staff are sworn to observe the limitations imposed

by this section.

(4) Information requirements

No collection of information or data acquisition activity undertaken by the Center

shall be subject to any review, coordination, or approval procedure except as required by the

Director of the Office of Management and Budget under the rules and regulations established

pursuant to chapter 35 of Title 44 except such collection of information or data acquisition

activity may be subject to review or coordination if the Commissioner determines that such

review or coordination is beneficial.

(5) Definitions

For the purposes of this section--

(A) the term "individually identifiable information" means any record,

response form, completed survey, or aggregation thereof from which information

about particular individuals may be revealed; and

(B) the term "report" means a response provided by or about an individual to

an inquiry from the Center and does not include a statistical aggregation from which

individually identifiable information cannot be revealed.

(6) Violations

Any person who uses any data provided by the Center, in conjunction with any other

information or technique, to identify any individual student, teacher, administrator, or other

individual and who knowingly discloses, publishes, or uses such data for a purpose other than

a statistical purpose, or who otherwise violates subparagraph (A) or (B) of subsection (a)(2)

of this section, shall be found guilty of a class E felony and imprisoned for not more than five

years, or fined as specified in section 3571 of Title 18, or both.

(7) Access to reports or records

Nothing in this section shall restrict the right of the Secretary, the Comptroller

General of the United States, the Director of the Congressional Budget Office, and the

Librarian of Congress, to gain access to any reports or other records, including information

identifying individuals, in the Center's possession, except that the same restrictions on

disclosure that apply under paragraphs (1) and (6) shall apply to such individuals.

any Federal officer or employee, in a position not lower than an Assistant Attorney General,

designated by the Attorney General) may submit a written application to a court of competent

jurisdiction for an ex parte order requiring the Secretary to permit the Attorney General (or

his designee) to—

(A) collect reports, records, and information (including individually

identifiable information) in the possession of the center that are relevant to an

authorized investigation or prosecution of an offense listed in section 2332b(g)(5)(B)

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of title 18, United States Code, or an act of domestic or international terrorism as

defined in section 2331 of that title; and

(B) for official purposes related to the investigation or prosecution of an

offense described in paragraph (1)(A), retain, disseminate, and use (including as

evidence at trial or in other administrative or judicial proceedings) such information,

consistent with such guidelines as the Attorney General, after consultation with the

Secretary, shall issue to protect confidentiality.

specific and articulable facts giving reason to believe that the information sought is

described in paragraph (1)(A).

(B) The court shall issue an order described in paragraph (1) if the court finds

that the application for the order includes the certification described in subparagraph

(A).

produces information in accordance with an order issued under this subsection does not

violate subsection (b)(2) and shall not be liable to any person for that production.

UNITED STATES CODE ANNOTATED

TITLE 22. FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 38--DEPARTMENT OF STATE

Current through P.L. 107-19, approved 7-10-01

(a) Establishment

(1) In general

There is established a program for the payment of rewards to carry out the purposes

of this section.

(2) Purpose

The rewards program shall be designed to assist in the prevention of acts of

international terrorism, international narcotics trafficking, and other related criminal acts.

(3) Implementation

The rewards program shall be administered by the Secretary of State, in consultation,

as appropriate, with the Attorney General.

(b) Rewards authorized

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In the sole discretion of the Secretary (except as provided in subsection (c)(2)) and in

consultation, as appropriate, with the Attorney General, the Secretary may pay a reward to

any individual who furnishes information leading to--

(1) the arrest or conviction in any country of any individual for the commission of an

act of international terrorism against a United States person or United States property;

(2) the arrest or conviction in any country of any individual conspiring or attempting

to commit an act of international terrorism against a United States person or United States

property;

(3) the arrest or conviction in any country of any individual for committing, primarily

outside the territorial jurisdiction of the United States, any narcotics-related offense if that

offense involves or is a significant part of conduct that involves--

(A) a violation of United States narcotics laws such that the individual would

be a major violator of such laws;

(B) the killing or kidnapping of--

(i) any officer, employee, or contract employee of the United States

Government while such individual is engaged in official duties, or on account

of that individual's official duties, in connection with the enforcement of

United States narcotics laws or the implementing of United States narcotics

control objectives; or

(ii) a member of the immediate family of any such individual on

account of that individual's official duties, in connection with the enforcement

of United States narcotics laws or the implementing of United States narcotics

control objectives; or

(C) an attempt or conspiracy to commit any act described in subparagraph (A)

or (B);

(4) the arrest or conviction in any country of any individual aiding or abetting in the

commission of an act described in paragraph (1), (2), or (3); or

(5) the prevention, frustration, or favorable resolution of an act described in paragraph

(1), (2), or (3)., including by dismantling an organization in whole or significant part; or

(6) the identification or location of an individual who holds a key leadership position

in a terrorist organization.

(c) Coordination

(1) Procedures

To ensure that the payment of rewards pursuant to this section does not duplicate or

interfere with the payment of informants or the obtaining of evidence or information, as

authorized to the Department of Justice, the offering, administration, and payment of rewards

under this section, including procedures for--

(A) identifying individuals, organizations, and offenses with respect to which

rewards will be offered;

(B) the publication of rewards;

(C) the offering of joint rewards with foreign governments;

(D) the receipt and analysis of data; and

(E) the payment and approval of payment,

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shall be governed by procedures developed by the Secretary of State, in consultation with the

Attorney General.

(2) Prior approval of Attorney General required

Before making a reward under this section in a matter over which there is Federal

criminal jurisdiction, the Secretary of State shall obtain the concurrence of the Attorney

General.

(d) Funding

(1) Authorization of appropriations

Notwithstanding section 102 of the Foreign Relations Authorization Act, Fiscal Years

1986 and 1987 (Public Law 99-93; 99 Stat. 408), but subject to paragraph (2), there are

authorized to be appropriated to the Department of State from time to time such amounts as

may be necessary to carry out this section.

(2) Limitation

No amount of funds may be appropriated under paragraph (1) which, when added to

the unobligated balance of amounts previously appropriated to carry out this section, would

cause such amounts to exceed $15,000,000.

(3) Allocation of funds

To the maximum extent practicable, funds made available to carry out this section

should be distributed equally for the purpose of preventing acts of international terrorism and

for the purpose of preventing international narcotics trafficking.

(4)(2) Period of availability

Amounts appropriated under paragraph (1) shall remain available until expended.

(e) Limitations and certification

(1) Maximum amount

No reward paid under this section may exceed $5,000,000, except as personally

authorized by the Secretary of State if he determines that offer or payment of an award of a

larger amount is necessary to combat terrorism or defend the Nation against terrorist acts.

(2) Approval

A reward under this section of more than $100,000 may not be made without the

approval of the Secretary.

(3) Certification for payment

Any reward granted under this section shall be approved and certified for payment by

the Secretary.

(4) Nondelegation of authority

The authority to approve rewards of more than $100,000 set forth in paragraph (2)

may not be delegated.

(5) Protection measures

If the Secretary determines that the identity of the recipient of a reward or of the

members of the recipient's immediate family must be protected, the Secretary may take such

measures in connection with the payment of the reward as he considers necessary to effect

such protection.

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(f) Ineligibility

An officer or employee of any entity of Federal, State, or local government or of a

foreign government who, while in the performance of his or her official duties, furnishes

information described in subsection (b) shall not be eligible for a reward under this section.

(g) Reports

(1) Reports on payment of rewards

Not later than 30 days after the payment of any reward under this section, the

Secretary shall submit a report to the appropriate congressional committees with respect to

such reward. The report, which may be submitted in classified form if necessary, shall

specify the amount of the reward paid, to whom the reward was paid, and the acts with

respect to which the reward was paid. The report shall also discuss the significance of the

information for which the reward was paid in dealing with those acts.

(2) Annual reports

Not later than 60 days after the end of each fiscal year, the Secretary shall submit a

report to the appropriate congressional committees with respect to the operation of the

rewards program. The report shall provide information on the total amounts expended during

the fiscal year ending in that year to carry out this section, including amounts expended to

publicize the availability of rewards.

(h) Publication regarding rewards offered by foreign governments

Notwithstanding any other provision of this section, in the sole discretion of the

Secretary, the resources of the rewards program shall be available for the publication of

rewards offered by foreign governments regarding acts of international terrorism which do

not involve United States persons or property or a violation of the narcotics laws of the

United States.

(i) Determinations of the Secretary

A determination made by the Secretary under this section shall be final and

conclusive and shall not be subject to judicial review.

(j) Definitions

As used in this section:

(1) Act of international terrorism

The term "act of international terrorism" includes--

(A) any act substantially contributing to the acquisition of unsafeguarded

special nuclear material (as defined in paragraph (8) of section 830 of the Nuclear

Proliferation Prevention Act of 1994 (22 U.S.C. 3201 note)) or any nuclear explosive

device (as defined in paragraph (4) of that section) by an individual, group, or nonnuclear-

weapon state (as defined in paragraph (5) of that section); and

(B) any act, as determined by the Secretary, which materially supports the

conduct of international terrorism, including the counterfeiting of United States

currency or the illegal use of other monetary instruments by an individual, group, or

country supporting international terrorism as determined for purposes of section

6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)).

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(2) Appropriate congressional committees

The term "appropriate congressional committees" means the Committee on

International Relations of the House of Representatives and the Committee on Foreign

Relations of the Senate.

(3) Member of the immediate family

The term "member of the immediate family", with respect to an individual, includes--

(A) a spouse, parent, brother, sister, or child of the individual;

(B) a person with respect to whom the individual stands in loco parentis; and

(C) any person not covered by subparagraph (A) or (B) who is living in the

individual's household and is related to the individual by blood or marriage.

(4) Rewards program

The term "rewards program" means the program established in subsection (a)(1).

(5) United States narcotics laws

The term "United States narcotics laws" means the laws of the United States for the

prevention and control of illicit trafficking in controlled substances (as such term is defined

in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))).

(6) United States person

The term "United States person" means--

(A) a citizen or national of the United States; and

(B) an alien lawfully present in the United States.

UNITED STATES CODE ANNOTATED

TITLE 42. THE PUBLIC HEALTH AND WELFARE

CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX--STATE AND LOCAL LAW ENFORCEMENT

PART A--DNA IDENTIFICATION

Current through P.L. 107-19, approved 7-10-01

(a) Collection of DNA samples

(1) From individuals in custody

The Director of the Bureau of Prisons shall collect a DNA sample from each

individual in the custody of the Bureau of Prisons who is, or has been, convicted of a

qualifying Federal offense (as determined under subsection (d)) or a qualifying military

offense, as determined under section 1565 of Title 10.

(2) From individuals on release, parole, or probation

The probation office responsible for the supervision under Federal law of an

individual on probation, parole, or supervised release shall collect a DNA sample from each

such individual who is, or has been, convicted of a qualifying Federal offense (as determined

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under subsection (d)) or a qualifying military offense, as determined under section 1565 of

Title 10.

(3) Individuals already in CODIS

For each individual described in paragraph (1) or (2), if the Combined DNA Index

System (in this section referred to as "CODIS") of the Federal Bureau of Investigation

contains a DNA analysis with respect to that individual, or if a DNA sample has been

collected from that individual under section 1565 of Title 10, the Director of the Bureau of

Prisons or the probation office responsible (as applicable) may (but need not) collect a DNA

sample from that individual.

(4) Collection procedures

(A) The Director of the Bureau of Prisons or the probation office responsible

(as applicable) may use or authorize the use of such means as are reasonably

necessary to detain, restrain, and collect a DNA sample from an individual who

refuses to cooperate in the collection of the sample.

(B) The Director of the Bureau of Prisons or the probation office, as

appropriate, may enter into agreements with units of State or local government or

with private entities to provide for the collection of the samples described in

paragraph (1) or (2).

(5) Criminal penalty

An individual from whom the collection of a DNA sample is authorized under this

subsection who fails to cooperate in the collection of that sample shall be--

(A) guilty of a class A misdemeanor; and

(B) punished in accordance with Title 18.

(b) Analysis and use of samples

The Director of the Bureau of Prisons or the probation office responsible (as

applicable) shall furnish each DNA sample collected under subsection (a) to the Director of

the Federal Bureau of Investigation, who shall carry out a DNA analysis on each such DNA

sample and include the results in CODIS.

(c) Definitions

In this section:

(1) The term "DNA sample" means a tissue, fluid, or other bodily sample of an

individual on which a DNA analysis can be carried out.

(2) The term "DNA analysis" means analysis of the deoxyribonucleic acid (DNA)

identification information in a bodily sample.

(d) Qualifying Federal offenses

(1) The offenses that shall be treated for purposes of this section as qualifying Federal

offenses are the following offenses under Title 18, as determined by the Attorney General:

(A) Murder (as described in section 1111 of such title), voluntary

manslaughter (as described in section 1112 of such title), or other offense relating to

homicide (as described in chapter 51 of such title, sections 1113, 1114, 1116, 1118,

1119, 1120, and 1121).

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(B) An offense relating to sexual abuse (as described in chapter 109A of such

title, sections 2241 through 2245), to sexual exploitation or other abuse of children

(as described in chapter 110 of such title, sections 2251 through 2252), or to

transportation for illegal sexual activity (as described in chapter 117 of such title,

sections 2421, 2422, 2423, and 2425).

(C) An offense relating to peonage and slavery (as described in chapter 77 of

such title).

(D) Kidnapping (as defined in section 3559(c)(2)(E) of such title).

(E) An offense involving robbery or burglary (as described in chapter 103 of

such title, sections 2111 through 2114, 2116, and 2118 through 2119).

(F) Any violation of section 1153 involving murder, manslaughter,

kidnapping, maiming, a felony offense relating to sexual abuse (as described in

chapter 109A), incest, arson, burglary, or robbery.

(G) Any attempt or conspiracy to commit any of the above offenses.

(2) The initial determination of qualifying Federal offenses shall be made not later

than 120 days after December 19, 2000. In addition to the offenses described in paragraph

(1), the following offenses shall be treated for purposes of this section as qualifying Federal

offenses, as determined by the Attorney General:

(A) Any offense listed in section 2332b(g)(5)(B) of title 18, United States

Code.

(B) Any crime of violence (as defined in section 16 of title 18, United States

Code).

(C) Any attempt or conspiracy to commit any of the above offenses.

(e) Regulations

(1) In general

Except as provided in paragraph (2), this section shall be carried out under regulations

prescribed by the Attorney General.

(2) Probation officers

The Director of the Administrative Office of the United States Courts shall make

available model procedures for the activities of probation officers in carrying out this section.

(f) Commencement of collection

Collection of DNA samples under subsection (a) shall, subject to the availability of

appropriations, commence not later than the date that is 180 days after December 18, 2000.

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UNITED STATES CODE ANNOTATED

TITLE 50. WAR AND NATIONAL DEFENSE

CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER I--ELECTRONIC SURVEILLANCE

Current through P.L. 107-19, approved 7-10-01

(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.

(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.

(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.

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(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.

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(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) 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--

(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.

(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.

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UNITED STATES CODE ANNOTATED

TITLE 50. WAR AND NATIONAL DEFENSE

CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER II--PHYSICAL SEARCHES

Current through P.L. 107-19, approved 7-10-01

(a) Compliance with minimization procedures; lawful purposes

Information acquired from a physical search conducted pursuant to this subchapter

concerning any United States person may be used and disclosed by Federal officers and

employees without the consent of the United States person only in accordance with the

minimization procedures required by this subchapter. No information acquired from a

physical search pursuant to this subchapter may be used or disclosed by Federal officers or

employees except for lawful purposes.

(b) Notice of search and identification of property seized, altered, or reproduced

Where a physical search authorized and conducted pursuant to section 1824 of this

title involves the residence of a United States person, and, at any time after the search the

Attorney General determines there is no national security interest in continuing to maintain

the secrecy of the search, the Attorney shall provide notice to the United States person whose

residence was searched of the fact of the search conducted pursuant to this chapter and shall

identify any property of such person seized, altered, or reproduced during such search.

(c) Statement for disclosure

No information acquired pursuant to this subchapter shall be disclosed for law

enforcement purposes unless such disclosure is accompanied by a statement that such

information, or any information derived therefrom, may only be used in a criminal

proceeding with the advance authorization of the Attorney General.

(d) Notification by United States

Whenever the United States intends to enter into evidence or otherwise use or

disclose in any trial, hearing, or other proceeding in or before any court, department, officer,

agency, regulatory body, or other authority of the United States, against an aggrieved person,

any information obtained or derived from a physical search pursuant to the authority of this

subchapter, the United States shall, prior to the trial, hearing, or the other proceeding or at a

reasonable time prior to an effort to so disclose or so use that information or submit it in

evidence, notify the aggrieved person and the court or other authority in which the

information is to be disclosed or used that the United States intends to so disclose or so use

such information.

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(e) Notification by States or political subdivisions

Whenever any State or political subdivision thereof intends to enter into evidence or

otherwise use or disclose in any trial, hearing, or other proceeding in or before any court,

department, officer, agency, regulatory body, or other authority of a State or a political

subdivision thereof against an aggrieved person any information obtained or derived from a

physical search pursuant to the authority of this subchapter, the State or political subdivision

thereof shall notify the aggrieved person, the court or other authority in which the

information is to be disclosed or used, and the Attorney General that the State or political

subdivision thereof intends to so disclose or so use such information.

(f) Motion to suppress

(1) Any person against whom evidence obtained or derived from a physical search to

which he is an aggrieved person is to be, or has been, introduced or otherwise used or

disclosed in any trial, hearing, or other proceeding in or before any court, department, officer,

agency, regulatory body, or other authority of the United States, a State, or a political

subdivision thereof, may move to suppress the evidence obtained or derived from such search

on the grounds that--

(A) the information was unlawfully acquired; or

(B) the physical search was not made in conformity with an order of

authorization or approval.

(2) Such a motion shall be made before the trial, hearing, or other proceeding unless

there was no opportunity to make such a motion or the person was not aware of the grounds

of the motion.

(g) In camera and ex parte review by district court

Whenever a court or other authority is notified pursuant to subsection (d) or (e) of this

section, or whenever a motion is made pursuant to subsection (f) of this section, or whenever

any motion or request is made by an aggrieved person pursuant to any other statute or rule of

the United States or any State before any court or other authority of the United States or any

State to discover or obtain applications or orders or other materials relating to a physical

search authorized by this subchapter or to discover, obtain, or suppress evidence or

information obtained or derived from a physical search authorized by this subchapter, the

United States district court or, where the motion is made before another authority, the United

States district court in the same district as the authority shall, notwithstanding any other

provision of law, if the Attorney General files an affidavit under oath that disclosure or any

adversary hearing would harm the national security of the United States, review in camera

and ex parte the application, order, and such other materials relating to the physical search as

may be necessary to determine whether the physical search of the aggrieved person was

lawfully authorized and conducted. In making this determination, the court may disclose to

the aggrieved person, under appropriate security procedures and protective orders, portions

of the application, order, or other materials relating to the physical search, or may require the

Attorney General to provide to the aggrieved person a summary of such materials, only

where such disclosure is necessary to make an accurate determination of the legality of the

physical search.

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(h) Suppression of evidence; denial of motion

If the United States district court pursuant to subsection (g) of this section determines

that the physical search was not lawfully authorized or conducted, it shall, in accordance with

the requirements of law, suppress the evidence which was unlawfully obtained or derived

from the physical search of the aggrieved person or otherwise grant the motion of the

aggrieved person. If the court determines that the physical search was lawfully authorized or

conducted, it shall deny the motion of the aggrieved person except to the extent that due

process requires discovery or disclosure.

(i) Finality of orders

Orders granting motions or requests under subsection (h) of this section, decisions

under this section that a physical search was not lawfully authorized or conducted, and orders

of the United States district court requiring review or granting disclosure of applications,

orders, or other materials relating to the physical search shall be final orders and binding

upon all courts of the United States and the several States except a United States Court of

Appeals or the Supreme Court.

(j) Notification of emergency execution of physical search; contents; postponement,

suspension or elimination

(1) If an emergency execution of a physical search is authorized under section

1824(d) of this title and a subsequent order approving the search is not obtained, the judge

shall cause to be served on any United States person named in the application and on such

other United States persons subject to the search as the judge may determine in his discretion

it is in the interests of justice to serve, notice of--

(A) the fact of the application;

(B) the period of the search; and

(C) the fact that during the period information was or was not obtained.

(2) On an ex parte showing of good cause to the judge, the serving of the notice

required by this subsection may be postponed or suspended for a period not to exceed 90

days. Thereafter, on a further ex parte showing of good cause, the court shall forego ordering

the serving of the notice required under this subsection.

(k)(1) Federal officers who conduct physical searches to acquire foreign intelligence

information under this title may consult with Federal law enforcement officers to coordinate

efforts to investigate or protect against—

(A) actual or potential attack or other grave hostile acts of a foreign power or

an agent of a foreign power;

(B) sabotage or international terrorism by a foreign power or an agent of a

foreign power; or

(C) clandestine intelligence activities by an intelligence service or network of

a foreign power or by an agent of a foreign power.

(2) Coordination authorized under paragraph (1) shall not preclude the certification required

by section 303(a)(7) or the entry of an order under section 304.

Amendments reflected in this document are as follows.

Title 12 § 3414 Sec. 505(b)

Title 15 § 1681u Sec. 505(c)

Title 18 § 1030 Sec. 506(a)

§ 2709 Sec. 505(a)

§ 3056 Sec. 506(b)

Title 20 § 1232g Sec. 507

§ 9007 Sec. 508

Title 22 § 2708 Sec. 502(1)-(3)

Title 42 § 14135a Sec. 503

Title 50 § 1806 Sec. 504(a)

§ 1825 Sec. 504(b)

Section 501, Attorney General’s Authority to Pay Rewards to Combat Terrorism (18 U.S.C.

§ 3071 note), is not reflected in this document.