Laws: Cases and Codes : U.S. Code : Title 50


   

U.S. Code as of: 01/19/04
Chapter 36 - Notes
                  SUBCHAPTER I - ELECTRONIC SURVEILLANCE              
    Sec.                                                     
    1801.       Definitions.                                          
    1802.       Electronic surveillance authorization without court
                 order; certification by Attorney General; reports to
                 Congressional committees; transmittal under seal;
                 duties and compensation of communication common
                 carrier; applications; jurisdiction of court.        
    1803.       Designation of judges.                                
                  (a)  Court to hear applications and grant orders;
                        record of denial; transmittal to court of
                        review.                                       
                  (b)  Court of review; record, transmittal to Supreme
                        Court.                                        
                  (c)  Expeditious conduct of proceedings; security
                        measures for maintenance of records.          
                  (d)  Tenure.                                        
    1804.       Applications for court orders.                        
                  (a)  Submission by Federal officer; approval of
                        Attorney General; contents.                   
                  (b)  Exclusion of certain information respecting
                        foreign power targets.                        
                  (c)  Additional affidavits or certifications.       
                  (d)  Additional information.                        
                  (e)  Personal review by Attorney General.           
    1805.       Issuance or order.                                    
                  (a)  Necessary findings.                            
                  (b)  Determination of probable cause.               
                  (c)  Specifications and directions of orders.       
                  (d)  Exclusion of certain information respecting
                        foreign power targets.                        
                  (e)  Duration of order; extensions; review of
                        circumstances under which information was
                        acquired, retained or disseminated.           
                  (f)  Emergency orders.                              
                  (g)  Testing of electronic equipment; discovering
                        unauthorized electronic surveillance; training
                        of intelligence personnel.                    
                  (h)  Retention of certifications, applications and
                        orders.                                       
                  (i)  Bar to legal action.                           
    1806.       Use of information.                                   
                  (a)  Compliance with minimization procedures;
                        privileged communications; lawful purposes.   
                  (b)  Statement for disclosure.                      
                  (c)  Notification by United States.                 
                  (d)  Notification by States or political
                        subdivisions.                                 
                  (e)  Motion to suppress.                            
                  (f)  In camera and ex parte review by district
                        court.                                        
                  (g)  Suppression of evidence; denial of motion.     
                  (h)  Finality of orders.                            
                  (i)  Destruction of unintentionally acquired
                        information.                                  
                  (j)  Notification of emergency employment of
                        electronic surveillance; contents;
                        postponement, suspension or elimination.      
                  (k)  Coordination with law enforcement on national
                        security matters.                             
    1807.       Report to Administrative Office of the United States
                 Court and to Congress.                               
    1808.       Report of Attorney General to Congressional
                 committees; limitation on authority or responsibility
                 of information gathering activities of Congressional
                 committees; report of Congressional committees to
                 Congress.                                            
    1809.       Criminal sanctions.                                   
                  (a)  Prohibited activities.                         
                  (b)  Defense.                                       
                  (c)  Penalties.                                     
                  (d)  Federal jurisdiction.                          
    1810.       Civil liability.                                      
    1811.       Authorization during time of war.                     
                     SUBCHAPTER II - PHYSICAL SEARCHES                 
    1821.       Definitions.                                          
    1822.       Authorization of physical searches for foreign
                 intelligence purposes.                               
                  (a)  Presidential authorization.                    
                  (b)  Application for order; authorization.          
                  (c)  Jurisdiction of Foreign Intelligence
                        Surveillance Court.                           
                  (d)  Court of review; record; transmittal to Supreme
                        Court.                                        
                  (e)  Expeditious conduct of proceedings; security
                        measures for maintenance of records.          
    1823.       Application for order.                                
                  (a)  Submission by Federal officer; approval of
                        Attorney General; contents.                   
                  (b)  Additional affidavits or certifications.       
                  (c)  Additional information.                        
                  (d)  Personal review by Attorney General.           
    1824.       Issuance of order.                                    
                  (a)  Necessary findings.                            
                  (b)  Determination of probable cause.               
                  (c)  Specifications and directions of orders.       
                  (d)  Duration of order; extensions; assessment of
                        compliance.                                   
                  (e)  Emergency orders.                              
                  (f)  Retention of applications and orders.          
    1825.       Use of information.                                   
                  (a)  Compliance with minimization procedures; lawful
                        purposes.                                     
                  (b)  Notice of search and identification of property
                        seized, altered, or reproduced.               
                  (c)  Statement for disclosure.                      
                  (d)  Notification by United States.                 
                  (e)  Notification by States or political
                        subdivisions.                                 
                  (f)  Motion to suppress.                            
                  (g)  In camera and ex parte review by district
                        court.                                        
                  (h)  Suppression of evidence; denial of motion.     
                  (i)  Finality of orders.                            
                  (j)  Notification of emergency execution of physical
                        search; contents; postponement, suspension, or
                        elimination.                                  
                  (k)  Coordination with law enforcement on national
                        security matters.                             
    1826.       Congressional oversight.                              
    1827.       Penalties.                                            
                  (a)  Prohibited activities.                         
                  (b)  Defense.                                       
                  (c)  Fine or imprisonment.                          
                  (d)  Federal jurisdiction.                          
    1828.       Civil liability.                                      
    1829.       Authorization during time of war.                     
       SUBCHAPTER III - PEN REGISTERS AND TRAP AND TRACE DEVICES FOR
                       FOREIGN INTELLIGENCE PURPOSES
    1841.       Definitions.                                          
    1842.       Pen registers and trap and trace devices for foreign
                 intelligence and international terrorism
                 investigations.                                      
                  (a)  Application for authorization or approval.     
                  (b)  Form of application; recipient.                
                  (c)  Executive approval; contents of application.   
                  (d)  Ex parte judicial order of approval.           
                  (e)  Time limitation.                               
                  (f)  Cause of action barred.                        
                  (g)  Furnishing of results.                         
    1843.       Authorization during emergencies.                     
                  (a)  Requirements for authorization.                
                  (b)  Determination of emergency and factual basis.  
                  (c)  Effect of absence of order.                    
    1844.       Authorization during time of war.                     
    1845.       Use of information.                                   
                  (a)  In general.                                    
                  (b)  Disclosure for law enforcement purposes.       
                  (c)  Notification of intended disclosure by United
                        States.                                       
                  (d)  Notification of intended disclosure by State or
                        political subdivision.                        
                  (e)  Motion to suppress.                            
                  (f)  In camera and ex parte review.                 
                  (g)  Effect of determination of lawfulness.         
                  (h)  Binding final orders.                          
    1846.       Congressional oversight.                              
      SUBCHAPTER IV - ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
                           INTELLIGENCE PURPOSES
    1861.       Access to certain business records for foreign
                 intelligence and international terrorism
                 investigations.                                      
                  (a)  Application for order; conduct of investigation
                        generally.                                    
                  (b)  Recipient and contents of application.         
                  (c)  Ex parte judicial order of approval.           
                  (d)  Nondisclosure.                                 
                  (e)  Liability for good faith disclosure; waiver.   
    1862.       Congressional oversight.                              
    1863.       Repealed.                                             
-SECREF-
                   CHAPTER REFERRED TO IN OTHER SECTIONS               
      This chapter is referred to in section 403-3 of this title; title
    8 sections 1532, 1534; title 18 sections 2232, 2511, 2522, 3121;
    title 47 section 1008.
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