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 18 USC Sec. 2703  Has Changes                                      01/22/02

Extract of the United States Code, Title 18, Sec's 2703-3056.

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS

Sec. 2703. Requirements for governmental access Required disclosure of customer communications or records

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     (a) Contents of Electronic Contents of Wire or Electronic Communications in Electronic Storage. -
A governmental entity may require the disclosure by a provider of electronic communication service of the contents of an electronic contents of a wire or electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued under the Federal Rules of Criminal Procedure using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation or equivalent State warrant (Pat II) court in a district in which the provider is located or that has jurisdiction over the offense or activities under investigation or equivalent State warrant or pursuant to a court order issued under section 2518*. A governmental entity may require the disclosure by a provider of electronic communications services of the contents of an electronic contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eighty days by the means available under subsection (b) of this section.

     (b) Contents of Electronic Contents of Wire or Electronic Communications in a Remote Computing Service. -

     (1) A governmental entity may require a provider of remote computing service to disclose the contents of any electronic  any wire or electronic communication to which this paragraph is made applicable by paragraph (2) of this subsection -

     (A) without required notice to the subscriber or customer, if the governmental entity obtains a warrant issued under the Federal Rules of Criminal Procedure using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation or equivalent State warrant (Pat II) court in a district in which the provider is located or that has jurisdiction over the offense or activities under investigation or equivalent State warrant or pursuant to a court order issued under section 2518*; or
     (B) with prior notice from the governmental entity to the subscriber or customer if the governmental entity -

     (i) uses an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury or trial subpoena; or
     (ii) obtains a court order for such disclosure under subsection (d) of this section;

     except that delayed notice may be given pursuant to section 2705 of this title.

     (2) Paragraph (1) is applicable with respect to any electronic  any wire or electronic communication that is held or maintained on that service -

     (A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such remote computing service; and
     (B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing.

     (c) Records Concerning Electronic Communication Service or Remote Computing Service. -

     (1) (A) Except as provided in subparagraph (B), a provider of electronic communication service or remote computing service may  A governmental entity may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a) or (b) of this section) to any person other than a governmental entity.(Pat I)

     (B) A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a) or (b) of this section) to a governmental entity (Pat I)) only when the governmental entity -

     (i) (A) obtains a warrant issued under the Federal Rules of Criminal Procedure using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation or equivalent State warrant (Pat II) court in a district in which the provider is located or that has jurisdiction over the offense or activities under investigation or equivalent State warrant or pursuant to a court order issued under section 2518*;
(Next Patriot II Changes->)
     (ii) (B) obtains a court order for such disclosure under subsection (d) of this section;
     (iii) (C) has the consent of the subscriber or customer to such disclosure; or (FOOTNOTE 1)
(FOOTNOTE 1) So in original. The word ''or'' probably should not appear.
     (iv) (D) submits a formal written request relevant to a law enforcement investigation concerning telemarketing fraud for the name, address, and place of business of a subscriber or customer of such provider, which subscriber or customer is engaged in telemarketing (as such term is defined in section 2325 of this title). ; or
     (E) seeks information under paragraph (2).

     (C) (2) A provider of electronic communication service or remote computing service shall disclose to a governmental entity the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber entity the -

     (A) name;
     (B) address;
     (C) local and long distance telephone connection records, or records of session times and durations;
     (D) length of service (including start date) and types of service utilized;
     (E) telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and
     (F) means and source of payment for such service (including any credit card or bank account number),

of a subscriber to or customer of such service and the types of services the subscriber or customer utilized  when the governmental entity uses an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury or trial subpoena or any means available under subparagraph (B) paragraph (1). Note: The changes in this paragraph (paragraph 2) are NOT sunsetted on December 31, 2005-- Patriot I, Sec. 224

     (2) (3) A governmental entity receiving records or information under this subsection is not required to provide notice to a subscriber or customer.

     (d) Requirements for Court Order. -
A court order for disclosure under subsection (b) or (c) may be issued by any court that is a court of competent jurisdiction described in section 3127(2)(A) (Pat I)and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. In the case of a State governmental authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify such order, if the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider.
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     (e) No Cause of Action Against a Provider Disclosing Information Under This Chapter. - No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, subpoena, or certification under this chapter.

     (f) Requirement To Preserve Evidence. -

     (1) In general. - A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process.
     (2) Period of retention. - Records referred to in paragraph (1) shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the governmental entity.

misc administrative details omitted

REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to in subsecs. (a), (b)(1)(A), and (c)(1)(B)(i), are set out in the Appendix to this title.

AMENDMENTS
2001 -
     Pub. L. 107-56 (Patriot I), Sec. 212(b)(1)(A), 224, temporarily substituted ''Required disclosure of customer communications or records'' for ''Requirements for governmental access'' in section catchline. See Termination Date of 2001 Amendment note below.

     Subsec. (a). Pub. L. 107-56, Sec. 209(2)(A), (B), 220(a)(1), 224, temporarily substituted ''Contents of Wire or Electronic'' for ''Contents of Electronic'' in heading and ''contents of a wire or electronic'' for ''contents of an electronic'' in two places and ''using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation'' for ''under the Federal Rules of Criminal Procedure'' in text. See Termination Date of 2001 Amendment note below.

     Subsec. (b). Pub. L. 107-56, Sec. 209(2)(A), 224, temporarily substituted ''Contents of Wire or Electronic'' for ''Contents of Electronic'' in heading. See Termination Date of 2001 Amendment note below.

     Subsec. (b)(1). Pub. L. 107-56, Sec. 209(2)(C), 220(a)(1), 224, temporarily substituted ''any wire or electronic communication'' for ''any electronic communication'' in introductory provisions and ''using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation'' for ''under the Federal Rules of Criminal Procedure'' in subpar. (A). See Termination Date of 2001 Amendment note below.

     Subsec. (b)(2). Pub. L. 107-56, Sec. 209(2)(C), 224, temporarily substituted ''any wire or electronic communication'' for ''any electronic communication'' in introductory provisions. See Termination Date of 2001 Amendment note below.

     Subsec. (c)(1). Pub. L. 107-56, Sec. 212(b)(1)(C), 220(a)(1), 224, temporarily designated subpar. (A) and introductory provisions of subpar. (B) as par. (1),
substituted ''A governmental entity may require a provider of electronic communication service or remote computing service to'' for ''(A) Except as provided in subparagraph (B), a provider of electronic communication service or remote computing service may''
and a closing parenthesis for provisions which began with ''covered by subsection (a) or (b) of this section) to any person other than a governmental entity.'' in former subpar. (A) and ended with ''(B) A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a) or (b) of this section) to a governmental entity'',
redesignated clauses (i) to (iv) of former subpar. (B) as subpars. (A) to (D), respectively,
substituted ''using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation'' for ''under the Federal Rules of Criminal Procedure'' in subpar. (A) and
''; or'' for period at end of subpar. (D),
added subpar. (E),
and redesignated former subpar. (C) as par. (2). See Termination Date of 2001 Amendment note below.

     Subsec. (c)(2). Pub. L. 107-56, Sec. 210, amended par. (2), as redesignated by section 212 of Pub. L. 107-56, by substituting ''entity the - '' for ''entity the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber'' in introductory provisions,
inserting subpars. (A) to (F),
striking out ''and the types of services the subscriber or customer utilized,'' before ''when the governmental entity uses an administrative subpoena'',
inserting ''of a subscriber'' at beginning of concluding provisions and
designating ''to or customer of such service when the governmental entity uses an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury or trial subpoena or any means available under paragraph (1).'' as remainder of concluding provisions.

Pub. L. 107-56, Sec. 212(b)(1)(C)(iii), (D), 224, temporarily redesignated subpar. (C) of par. (1) as par. (2) and temporarily substituted ''paragraph (1)'' for ''subparagraph (B)''. See Termination Date of 2001 Amendment note below.

Pub. L. 107-56, Sec. 212(b)(1)(B), 224, temporarily redesignated par. (2) as (3). See Termination Date of 2001 Amendment note below.

Subsec. (c)(3). Pub. L. 107-56, Sec. 212(b)(1)(B), 224, temporarily redesignated par. (2) as (3). See Termination Date of 2001 Amendment note below.

Subsec. (d). Pub. L. 107-56, Sec. 220(b), 224, temporarily struck out ''described in section 3127(2)(A)'' after ''court of competent jurisdiction''. See Termination Date of 2001 Amendment note below.

other amendment details omitted

TERMINATION DATE OF 2001 AMENDMENT
Amendment by sections 209(2), 212(b)(1), 220(a)(1), (b) of Pub. L. 107-56 to cease to have effect Dec. 31, 2005, except amendment to continue in effect with respect to any particular foreign intelligence investigation that began before Dec. 31, 2005, or with respect to any particular offense or potential offense that began or occurred before Dec. 31, 2005, see section 224 of Pub. L. 107-56, set out as a note under section 2510 of this title.


SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2701, 2702, 2704, 2705, 2706, 2707 of this title.

 18 USC Sec. 2704                                                                  01/22/02

Sec. 2704. Backup preservation

     (a) Backup Preservation. -

     (1) A governmental entity acting under section 2703(b)(2) may include in its subpoena or court order a requirement that the service provider to whom the request is directed create a backup copy of the contents of the electronic communications sought in order to preserve those communications. Without notifying the subscriber or customer of such subpoena or court order, such service provider shall create such backup copy as soon as practicable consistent with its regular business practices and shall confirm to the governmental entity that such backup copy has been made. Such backup copy shall be created within two business days after receipt by the service provider of the subpoena or court order.
     (2) Notice to the subscriber or customer shall be made by the governmental entity within three days after receipt of such confirmation, unless such notice is delayed pursuant to section 2705(a).
     (3) The service provider shall not destroy such backup copy until the later of -

     (A) the delivery of the information; or
     (B) the resolution of any proceedings (including appeals of any proceeding) concerning the government's subpoena or court order.

     (4) The service provider shall release such backup copy to the requesting governmental entity no sooner than fourteen days after the governmental entity's notice to the subscriber or customer if such service provider -

     (A) has not received notice from the subscriber or customer that the subscriber or customer has challenged the governmental entity's request; and
     (B) has not initiated proceedings to challenge the request of the governmental entity.

     (5) A governmental entity may seek to require the creation of a backup copy under subsection (a)(1) of this section if in its sole discretion such entity determines that there is reason to believe that notification under section 2703 of this title of the existence of the subpoena or court order may result in destruction of or tampering with evidence. This determination is not subject to challenge by the subscriber or customer or service provider.

     (b) Customer Challenges. -

     (1) Within fourteen days after notice by the governmental entity to the subscriber or customer under subsection (a)(2) of this section, such subscriber or customer may file a motion to quash such subpoena or vacate such court order, with copies served upon the governmental entity and with written notice of such challenge to the service provider. A motion to vacate a court order shall be filed in the court which issued such order. A motion to quash a subpoena shall be filed in the appropriate United States district court or State court. Such motion or application shall contain an affidavit or sworn statement -

     (A) stating that the applicant is a customer or subscriber to the service from which the contents of electronic communications maintained for him have been sought; and
     (B) stating the applicant's reasons for believing that the records sought are not relevant to a legitimate law enforcement inquiry or that there has not been substantial compliance with the provisions of this chapter in some other respect.

     (2) Service shall be made under this section upon a governmental entity by delivering or mailing by registered or certified mail a copy of the papers to the person, office, or department specified in the notice which the customer has received pursuant to this chapter. For the purposes of this section, the term ''delivery'' has the meaning given that term in the Federal Rules of Civil Procedure.
     (3) If the court finds that the customer has complied with paragraphs (1) and (2) of this subsection, the court shall order the governmental entity to file a sworn response, which may be filed in camera if the governmental entity includes in its response the reasons which make in camera review appropriate. If the court is unable to determine the motion or application on the basis of the parties' initial allegations and response, the court may conduct such additional proceedings as it deems appropriate. All such proceedings shall be completed and the motion or application decided as soon as practicable after the filing of the governmental entity's response.
     (4) If the court finds that the applicant is not the subscriber or customer for whom the communications sought by the governmental entity are maintained, or that there is a reason to believe that the law enforcement inquiry is legitimate and that the communications sought are relevant to that inquiry, it shall deny the motion or application and order such process enforced. If the court finds that the applicant is the subscriber or customer for whom the communications sought by the governmental entity are maintained, and that there is not a reason to believe that the communications sought are relevant to a legitimate law enforcement inquiry, or that there has not been substantial compliance with the provisions of this chapter, it shall order the process quashed.
     (5) A court order denying a motion or application under this section shall not be deemed a final order and no interlocutory appeal may be taken therefrom by the customer.

administrative details omitted

REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2701, 2706 of this title.

 18 USC Sec. 2705 Has Changes                                              01/22/02

Sec. 2705. Delayed notice

     (a) Delay of Notification. -

     (1) A governmental entity acting under section 2703(b) of this title may -

     (A) where a court order is sought, include in the application a request, which the court shall grant, for an order delaying the notification required under section 2703(b) of this title for a period not to exceed ninety days, if the court determines that there is reason to believe that notification of the existence of the court order may have an adverse result described in paragraph (2) of this subsection; or
     (B) where an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury subpoena is obtained, delay the notification required under section 2703(b) of this title for a period not to exceed ninety days upon the execution of a written certification of a supervisory official that there is reason to believe that notification of the existence of the subpoena may have an adverse result described in paragraph (2) of this subsection.

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     (2) An adverse result for the purposes of paragraph (1) of this subsection is -

     (A) endangering the life or physical safety of an individual or the national security;
     (B) flight from prosecution;
     (C) destruction of or tampering with evidence;
     (D) intimidation of potential witnesses; or
     (E) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
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     (3) The governmental entity shall maintain a true copy of certification under paragraph (1)(B).
     (4) Extensions of the delay of notification provided in section 2703 of up to ninety days each may be granted by the court upon application, or by certification by a governmental entity, but only in accordance with subsection (b) of this section.
     (5) Upon expiration of the period of delay of notification under paragraph (1) or (4) of this subsection, the governmental entity shall serve upon, or deliver by registered or first-class mail to, the customer or subscriber a copy of the process or request together with notice that -

     (A) states with reasonable specificity the nature of the law enforcement inquiry; and
     (B) informs such customer or subscriber -

     (i) that information maintained for such customer or subscriber by the service provider named in such process or request was supplied to or requested by that governmental authority and the date on which the supplying or request took place;
     (ii) that notification of such customer or subscriber was delayed;
     (iii) what governmental entity or court made the certification or determination pursuant to which that delay was made; and
     (iv) which provision of this chapter allowed such delay.

     (6) As used in this subsection, the term ''supervisory official'' means the investigative agent in charge or assistant investigative agent in charge or an equivalent of an investigating agency's headquarters or regional office, or the chief prosecuting attorney or the first assistant prosecuting attorney or an equivalent of a prosecuting attorney's headquarters or regional office.

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     (b) Preclusion of Notice to Subject of Governmental Access. -
A governmental entity acting under section 2703, when it is not required to notify the subscriber or customer under section 2703(b)(1), or to the extent that it may delay such notice pursuant to subsection (a) of this section, may apply to a court for an order commanding a provider of electronic communications service or remote computing service to whom a warrant, subpoena, or court order is directed, for such period as the court deems appropriate, not to notify any other person of the existence of the warrant, subpoena, or court order. The court shall enter such an order if it determines that there is reason to believe that notification of the existence of the warrant, subpoena, or court order will result in -

     (1) endangering the life or physical safety of an individual or the national security;
     (2) flight from prosecution;
     (3) destruction of or tampering with evidence;
     (4) intimidation of potential witnesses; or
     (5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
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(Next Patriot II Changes->)

administrative detail omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2703, 2704, 3103a of this title.

 18 USC Sec. 2706                                                                              01/22/02

Sec. 2706. Cost reimbursement

     (a) Payment. - Except as otherwise provided in subsection (c), a governmental entity obtaining the contents of communications, records, or other information under section 2702, 2703, or 2704 of this title shall pay to the person or entity assembling or providing such information a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored.

     (b) Amount. - The amount of the fee provided by subsection (a) shall be as mutually agreed by the governmental entity and the person or entity providing the information, or, in the absence of agreement, shall be as determined by the court which issued the order for production of such information (or the court before which a criminal prosecution relating to such information would be brought, if no court order was issued for production of the information).

     (c) Exception. - The requirement of subsection (a) of this section does not apply with respect to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under section 2703 of this title. The court may, however, order a payment as described in subsection (a) if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider.

misc administrative details omitted

 18 USC Sec. 2707  Has Changes                                                   01/22/02

Sec. 2707. Civil action

(<-- Previous Changes)
     (a) Cause of Action. - Except as provided in section 2703(e), any provider of electronic communication service, subscriber, or other person aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity, other than the United States, which engaged in that violation such relief as may be appropriate.

     (b) Relief. - In a civil action under this section, appropriate relief includes -

     (1) such preliminary and other equitable or declaratory relief as may be appropriate;
     (2) damages under subsection (c); and
     (3) a reasonable attorney's fee and other litigation costs reasonably incurred.

     (c) Damages. - The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of $1,000. If the violation is willful or intentional, the court may assess punitive damages. In the case of a successful action to enforce liability under this section, the court may assess the costs of the action, together with reasonable attorney fees determined by the court.

     (d) If a court determines that any agency or department of the United States has violated this chapter and the court finds that the circumstances surrounding the violation raise the question 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 concerned shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee.
     (d) Administrative Discipline. - If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination.

     (e) Defense. - A good faith reliance on -

     (1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization (including a request of a governmental entity under section 2703(f) of this title);
     (2) a request of an investigative or law enforcement officer under section 2518(7) of this title; or
     (3) a good faith determination that section 2511(3) of this title permitted the conduct complained of;

     is a complete defense to any civil or criminal action brought under this chapter or any other law.

     (f) Limitation. - A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.

     (g) Improper Disclosure. - Any willful disclosure of a ''record'', as that term is defined in section 552a(a) of title 5, United States Code, obtained by an investigative or law enforcement officer, or a governmental entity, pursuant to section 2703 of this title, or from a device installed pursuant to section 3123 or 3125 of this title, that is not a disclosure made in the proper performance of the official functions of the officer or governmental entity making the disclosure, is a violation of this chapter. This provision shall not apply to information previously lawfully disclosed (prior to the commencement of any civil or administrative proceeding under this chapter) to the public by a Federal, State, or local governmental entity or by the plaintiff in a civil action under this chapter.
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misc administrative details omitted

AMENDMENTS
2001 -
Subsec. (a). Pub. L. 107-56 (Patriot I), Sec. 223(b)(1), 224, temporarily inserted '', other than the United States,'' after ''person or entity''. See Termination Date of 2001 Amendment note below.

Subsec. (d). Pub. L. 107-56, Sec. 223(b)(2), 224, temporarily added subsec. (d) and temporarily struck out heading and text of former subsec. (d). Text read as follows: ''If a court determines that any agency or department of the United States has violated this chapter and the court finds that the circumstances surrounding the violation raise the question 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 concerned shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee.'' See Termination Date of 2001 Amendment note below.

Subsec. (e)(1). Pub. L. 107-56, Sec. 815, which directed insertion of ''(including a request of a governmental entity under section 2703(f) of this title)'' after ''or statutory authorization'', was executed by making the insertion after ''or a statutory authorization'' to reflect the probable intent of Congress.

Subsec. (g). Pub. L. 107-56, Sec. 223(b)(3), 224, temporarily added subsec. (g). See Termination Date of 2001 Amendment note below.

other amendment details omitted

TERMINATION DATE OF 2001 AMENDMENT
Amendment by section 223(b) of Pub. L. 107-56 to cease to have effect Dec. 31, 2005, except amendment to continue in effect with respect to any particular foreign intelligence investigation that began before Dec. 31, 2005, or with respect to any particular offense or potential offense that began or occurred before Dec. 31, 2005, see section 224 of Pub. L. 107-56, set out as a note under section 2510 of this title.

 18 USC Sec. 2708                                                    01/22/02

Sec. 2708. Exclusivity of remedies

     The remedies and sanctions described in this chapter are the only judicial remedies and sanctions for nonconstitutional violations of this chapter.

-SOURCE-
(Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100 Stat. 1867.)

 18 USC Sec. 2709  Has Changes                                                01/22/02

Sec. 2709. Counterintelligence access to telephone toll and transactional records

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
     (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 (Pat I) 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  terrorist activities (as defined in section 2510)* or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the 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 (Pat I) 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.(Pat I)

 made that the information sought is relevant to an authorized investigation to protect against international terrorism  terrorist activities (as defined in section 2510)* 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 (Pat II).
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(Next Patriot II Changes->)

     (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.

administrative details omitted
AMENDMENTS
2001 - Subsec. (b). Pub. L. 107-56 (Patriot I), Sec. 505(a)(1), inserted ''at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director'' after ''Deputy Assistant Director'' in introductory provisions.

Subsec. (b)(1). Pub. L. 107-56, Sec. 505(a)(2), struck out ''in a position not lower than Deputy Assistant Director'' after ''(or his designee'' and
substituted ''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 basis of activities protected by the first amendment to the Constitution of the United States; and'' for ''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''.

Subsec. (b)(2). Pub. L. 107-56, Sec. 505(a)(3), struck out ''in a position not lower than Deputy Assistant Director'' after ''(or his designee'' and
substituted ''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.'' for ''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.''

remaining amendment details omitted

 18 USC Sec. 2710                                                                                 01/22/02

Sec. 2710. Wrongful disclosure of video tape rental or sale records

     (a) Definitions. - For purposes of this section -

     (1) the term ''consumer'' means any renter, purchaser, or subscriber of goods or services from a video tape service provider;
     (2) the term ''ordinary course of business'' means only debt collection activities, order fulfillment, request processing, and the transfer of ownership;
     (3) the term ''personally identifiable information'' includes information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider; and
     (4) the term ''video tape service provider'' means any person, engaged in the business, in or affecting interstate or foreign commerce, of rental, sale, or delivery of prerecorded video cassette tapes or similar audio visual materials, or any person or other entity to whom a disclosure is made under subparagraph (D) or (E) of subsection (b)(2), but only with respect to the information contained in the disclosure.

     (b) Video Tape Rental and Sale Records. -

     (1) A video tape service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in subsection (d).
     (2) A video tape service provider may disclose personally identifiable information concerning any consumer -

     (A) to the consumer;
     (B) to any person with the informed, written consent of the consumer given at the time the disclosure is sought;
     (C) to a law enforcement agency pursuant to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, a grand jury subpoena, or a court order;
     (D) to any person if the disclosure is solely of the names and addresses of consumers and if -

     (i) the video tape service provider has provided the consumer with the opportunity, in a clear and conspicuous manner, to prohibit such disclosure; and
     (ii) the disclosure does not identify the title, description, or subject matter of any video tapes or other audio visual material; however, the subject matter of such materials may be disclosed if the disclosure is for the exclusive use of marketing goods and services directly to the consumer;

     (E) to any person if the disclosure is incident to the ordinary course of business of the video tape service provider; or
     (F) pursuant to a court order, in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, if -

     (i) the consumer is given reasonable notice, by the person seeking the disclosure, of the court proceeding relevant to the issuance of the court order; and
     (ii) the consumer is afforded the opportunity to appear and contest the claim of the person seeking the disclosure.

     If an order is granted pursuant to subparagraph (C) or (F), the court shall impose appropriate safeguards against unauthorized disclosure.

     (3) Court orders authorizing disclosure under subparagraph (C) shall issue only with prior notice to the consumer and only if the law enforcement agency shows that there is probable cause to believe that the records or other information sought are relevant to a legitimate law enforcement inquiry. In the case of a State government authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this section, on a motion made promptly by the video tape service provider, may quash or modify such order if the information or records requested are unreasonably voluminous in nature or if compliance with such order otherwise would cause an unreasonable burden on such provider.

     (c) Civil Action. -

     (1) Any person aggrieved by any act of a person in violation of this section may bring a civil action in a United States district court.
     (2) The court may award -

     (A) actual damages but not less than liquidated damages in an amount of $2,500;
     (B) punitive damages;
     (C) reasonable attorneys' fees and other litigation costs reasonably incurred; and
     (D) such other preliminary and equitable relief as the court determines to be appropriate.

     (3) No action may be brought under this subsection unless such action is begun within 2 years from the date of the act complained of or the date of discovery.
     (4) No liability shall result from lawful disclosure permitted by this section.

     (d) Personally Identifiable Information. -
Personally identifiable information obtained in any manner other than as provided in this section shall not be received in evidence in any trial, hearing, arbitration, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision of a State.

     (e) Destruction of Old Records. - A person subject to this section shall destroy personally identifiable information as soon as practicable, but no later than one year from the date the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (b)(2) or (c)(2) or pursuant to a court order.

     (f) Preemption. - The provisions of this section preempt only the provisions of State or local law that require disclosure prohibited by this section.

administrative detail omitted

REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to in subsec. (b)(2)(C), are set out in the Appendix to this title.

PRIOR PROVISIONS
A prior section 2710 was renumbered section 2711 of this title.

 18 USC Sec. 2711 Has Changes                                                             01/22/02

Sec. 2711. Definitions for chapter

(<-- Previous Changes)
As used in this chapter -
     (1) the terms defined in section 2510 of this title have, respectively, the definitions given such terms in that section and  (Pat I);
     (2) the term ''remote computing service'' means the provision to the public of computer storage or processing services by means of an electronic communications system; and
     (3) the term ''court of competent jurisdiction'' has the meaning assigned by section 3127, and includes any Federal court within that definition, without geographic limitation.

misc administrative details omitted

AMENDMENTS
2001 - Par. (3). Pub. L. 107-56 (Patriot I), Sec. 220(a)(2), 224, temporarily added par. (3). See Termination Date of 2001 Amendment note below.

other amendment detail omitted

TERMINATION DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-56 to cease to have effect Dec. 31, 2005, except amendment to continue in effect with respect to any particular foreign intelligence investigation that began before Dec. 31, 2005, or with respect to any particular offense or potential offense that began or occurred before Dec. 31, 2005, see section 224 of Pub. L. 107-56, set out as a note under section 2510 of this title.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 42 section 13032.

 18 USC Sec. 2712  Added By Patriot I                                                 01/22/02

Sec. 2712. Civil actions against the United States

     (a) In General. - Any person who is aggrieved by any willful violation of this chapter or of chapter 119 of this title or of sections 106(a), 305(a), or 405(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may commence an action in United States District Court against the United States to recover money damages. In any such action, if a person who is aggrieved successfully establishes such a violation of this chapter or of chapter 119 of this title or of the above specific provisions of title 50, the Court may assess as damages -

     (1) actual damages, but not less than $10,000, whichever amount is greater; and
     (2) litigation costs, reasonably incurred.

     (b) Procedures. -

     (1) Any action against the United States under this section may be commenced only after a claim is presented to the appropriate department or agency under the procedures of the Federal Tort Claims Act, as set forth in title 28, United States Code.
     (2) Any action against the United States under this section shall be forever barred unless it is presented in writing to the appropriate Federal agency within 2 years after such claim accrues or unless action is begun within 6 months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented. The claim shall accrue on the date upon which the claimant first has a reasonable opportunity to discover the violation.
     (3) Any action under this section shall be tried to the court without a jury.
     (4) Notwithstanding any other provision of law, the procedures set forth in section 106(f), 305(g), or 405(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by which materials governed by those sections may be reviewed.
     (5) An amount equal to any award against the United States under this section shall be reimbursed by the department or agency concerned to the fund described in section 1304 of title 31, United States Code, out of any appropriation, fund, or other account (excluding any part of such appropriation, fund, or account that is available for the enforcement of any Federal law) that is available for the operating expenses of the department or agency concerned.

     (c) Administrative Discipline. - If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination.

     (d) Exclusive Remedy. - Any action against the United States under this subsection shall be the exclusive remedy against the United States for any claims within the purview of this section.

     (e) Stay of Proceedings. -

     (1) Upon the motion of the United States, the court shall stay any action commenced under this section if the court determines that civil discovery will adversely affect the ability of the Government to conduct a related investigation or the prosecution of a related criminal case. Such a stay shall toll the limitations periods of paragraph (2) of subsection (b).
     (2) In this subsection, the terms ''related criminal case'' and ''related investigation'' mean an actual prosecution or investigation in progress at the time at which the request for the stay or any subsequent motion to lift the stay is made. In determining whether an investigation or a criminal case is related to an action commenced under this section, the court shall consider the degree of similarity between the parties, witnesses, facts, and circumstances involved in the 2 proceedings, without requiring that any one or more factors be identical.
     (3) In requesting a stay under paragraph (1), the Government may, in appropriate cases, submit evidence ex parte in order to avoid disclosing any matter that may adversely affect a related investigation or a related criminal case. If the Government makes such an ex parte submission, the plaintiff shall be given an opportunity to make a submission to the court, not ex parte, and the court may, in its discretion, request further information from either party.

-SOURCE-
(Added Pub. L. 107-56, title II, Sec. 223(c)(1), Oct. 26, 2001, 115 Stat. 294.)

TERMINATION OF SECTION
For termination of section by section 224 of Pub. L. 107-56, see Termination Date of 2001 Amendment note set out under section 2510 of this title.

REFERENCES IN TEXT
Sections 106, 305, and 405 of the Foreign Intelligence Surveillance Act of 1978, referred to in subsecs. (a) and (b)(4), are classified to (became) sections 1806, 1825, and 1845, respectively, of Title 50, War and National Defense.
The Federal Tort Claims Act, referred to in subsec. (b)(1), is classified generally to section 1346(b) and chapter 171 (Sec. 2671 et seq.) of Title 28, Judiciary and Judicial Procedure.

 18 USC Sec. 2801   Proposed by Patriot II                      Not Yet Enacted

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 124 ENCRYPTED WIRE OR ELECTRONIC COMMUNICATIONS AND STORED ELECTRONIC INFORMATION

Sec. 2801. Unlawful use of encryption

(<-- Previous Patriot II Changes)
(a) Any person who, during the commission of a felony under Federal law, knowingly and willfully encrypts any incriminating communication or information relating to that felony --

     (1) in the case of a first offense under this section, shall be imprisoned not more than 5 years, fined under this title, or both; and
     (2) in the case of a second or subsequent offense under this section, shall be imprisoned not more than 10 years, fined under this title, or both.

(b) The terms 'encrypt' and 'encryption' refer to the scrambling (and descrambling) of wire communications, electronic communications, or electronically stored information, using mathematical formulas or algorithms in order to preserve the confidentiality, integrity, or authenticity of, and prevent unauthorized recipients from accessing or altering, such communications or information.
(Next Changes->)
(Next Patriot II Changes->)

 18 USC Sec. 3056   Has Changes                                                 01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT

Sec. 3056. Powers, authorities, and duties of United States Secret Service

     (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.

     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 -

(<-- Previous Changes)
     (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, (FOOTNOTE 1) 433, 493, 657, 709, 1006, 1007, 1011, 1013, 1014, 1907, or 1909 of this title;
(FOOTNOTE 1) See References in Text note below.
     (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 frauds, and false identification documents or devices  access device frauds, 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.
(Next Changes->)

     (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.
     (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.

misc administrative details omitted

REFERENCES IN TEXT
Section 216 of this title, referred to in subsec. (b)(1), was repealed by Pub. L. 98-473, title II, Sec. 1107(b), Oct. 12, 1984, 98 Stat. 2146.

AMENDMENTS
2001 - Subsec. (b)(3). Pub. L. 107-56 (Patriot I) substituted ''access device frauds, false identification documents or devices, and any fraud or other criminal or unlawful activity in or against any federally insured financial institution'' for ''credit and debit card frauds, and false identification documents or devices''.

other amendment details omitted

NATIONAL THREAT ASSESSMENT CENTER
Pub. L. 106-544, Sec. 4, Dec. 19, 2000, 114 Stat. 2716, provided that:

     ''(a) Establishment. - The United States Secret Service (hereafter in this section referred to as the 'Service'), at the direction of the Secretary of the Treasury, may establish the National Threat Assessment Center (hereafter in this section referred to as the 'Center') as a unit within the Service.

     ''(b) Functions. - The Service may provide the following to Federal, State, and local law enforcement agencies through the Center:

     ''(1) Training in the area of threat assessment.
     ''(2) Consultation on complex threat assessment cases or plans.
     ''(3) Research on threat assessment and the prevention of targeted violence.
     ''(4) Facilitation of information sharing among all such agencies with protective or public safety responsibilities.
     ''(5) Programs to promote the standardization of Federal, State, and local threat assessments and investigations involving threats.
     ''(6) Any other activities the Secretary determines are necessary to implement a comprehensive threat assessment capability.

     ''(c) Report. - Not later than 1 year after the date of the enactment of this Act (Dec. 19, 2000), the Service shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives detailing the manner in which the Center will operate.''

TELECOMMUNICATIONS SUPPORT TO UNITED STATES SECRET SERVICE BY WHITE
HOUSE COMMUNICATIONS AGENCY
Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec. 8100), Sept. 30, 1996, 110 Stat. 3009-71, 3009-108, as amended by Pub. L. 106-92, Sec. 2, Nov. 9, 1999, 113 Stat. 1309, provided that:

     ''Beginning in fiscal year 1997 and thereafter, and notwithstanding any other provision of law, fixed and mobile telecommunications support shall be provided by the White House Communications Agency (WHCA) to the United States Secret Service (USSS), without reimbursement, in connection with the Secret Service's duties directly related to the protection of the President or the Vice President or other officer immediately next in order of succession to the office of the President at the White House Security Complex in the Washington, D.C. Metropolitan Area and Camp David, Maryland. For these purposes, the White House Security Complex includes the White House, the White House grounds, the Dwight D. Eisenhower Executive Office Building, the New Executive Office Building, the Blair House, the Treasury Building, and the Vice President's Residence at the Naval Observatory.''

OFF-SET OF COSTS OF PROTECTING FORMER PRESIDENTS AND SPOUSES
Pub. L. 104-208, div. A, title I, Sec. 101(f) (title V, Sec. 509), Sept. 30, 1996, 110 Stat. 3009-314, 3009-345, provided that:

     ''The United States Secret Service may, during the fiscal year ending September 30, 1997, and hereafter, accept donations of money to off-set costs incurred while protecting former Presidents and spouses of former Presidents when the former President or spouse travels for the purpose of making an appearance or speech for a payment of money or any thing of value.''

off-set administrative details omitted

FORMER VICE PRESIDENT OR SPOUSE; PROTECTION
Pub. L. 103-1, Jan. 15, 1993, 107 Stat. 3, provided: ''That -

     ''(1) the United States Secret Service, in addition to other duties now provided by law, is authorized to furnish protection to -

     ''(A) the person occupying the Office of Vice President of the United States immediately preceding January 20, 1993, or
     ''(B) his spouse,

     if the President determines that such person may thereafter be in significant danger; and

     ''(2) protection of any such person, pursuant to the authority provided in paragraph (1), shall continue only for such period as the President determines, except that such protection shall not continue beyond July 20, 1993, unless otherwise permitted by law.''

Pub. L. 96-503, Dec. 5, 1980, 94 Stat. 2740, provided:

     ''That the United States Secret Service, in addition to other duties now provided by law, is authorized to furnish protection to (a) the person occupying the Office of Vice President of the United States immediately preceding January 20, 1981, or (b) his spouse, if the President determines that such person may thereafter be in significant danger: Provided, however, That protection of any such person shall continue only for such period as the President determines and shall not continue beyond July 20, 1981, unless otherwise permitted by law.''

other expired protection statement omitted

PRESIDENTIAL PROTECTION ASSISTANCE ACT OF 1976
Pub. L. 94-524, Oct. 17, 1976, 90 Stat. 2475, as amended by... (various other PL's omitted) provided: ''That this Act may be cited as the 'Presidential Protection Assistance Act of 1976'.

     ''Sec. 2. As used in this Act the term -

     ''(1) 'Secret Service' means the United States Secret Service, the Department of the Treasury;
     ''(2) 'Director' means the Director of the Secret Service;
     ''(3) 'protectee' means any person eligible to receive the protection authorized by section 3056 of title 18, United States Code, or Public Law 90-331 (82 Stat. 170) (set out as a note above);
     ''(4) 'Executive departments' has the same meaning as provided in section 101 of title 5, United States Code;
     ''(5) 'Executive agencies' has the same meaning as provided in section 105 of title 5, United States Code;
     ''(6) 'Coast Guard' means the United States Coast Guard, Department of Transportation or such other Executive department or Executive agency to which the United States Coast Guard may subsequently be transferred;
     ''(7) 'duties' means all responsibilities of an Executive department or Executive agency relating to the protection of any protectee; and
     ''(8) 'non-Governmental property' means any property owned, leased, occupied, or otherwise utilized by a protectee which is not owned or controlled by the Government of the United States of America.

     ''Sec. 3.

     ''(a) Each protectee may designate one non-governmental property to be fully secured by the Secret Service on a permanent basis.
     ''(b) A protectee may thereafter designate a different non-Governmental property in lieu of the non-Governmental property previously designated under subsection (a) (hereinafter in this Act referred to as the 'previously designated property') as the one non-Governmental property to be fully secured by the Secret Service on a permanent basis under subsection (a). Thereafter, any expenditures by the Secret Service to maintain a permanent guard detail or for permanent facilities, equipment, and services to secure the non-Governmental property previously designated under subsection (a) shall be subject to the limitations imposed under section 4.
     ''(c) For the purposes of this section, where two or more protectees share the same domicile, such protectees shall be deemed a single protectee.

     ''Sec. 4. Expenditures by the Secret Service for maintaining a permanent guard detail and for permanent facilities, equipment, and services to secure any non-Governmental property in addition to the one non-Governmental property designated by each protectee under subsection 3(a) or 3(b) may not exceed a cumulative total of $200,000 at each such additional non-Governmental property, unless expenditures in excess of that amount are specifically approved by resolutions adopted by the Committees on Appropriations of the House and Senate, respectively.

     ''Sec. 5.

     ''(a) All improvements and other items acquired by the Federal Government and used for the purpose of securing any non-Governmental property in the performance of the duties of the Secret Service shall be the property of the United States.
     ''(b) Upon termination of Secret Service protection at any non-Governmental property all such improvements and other items shall be removed from the non-Governmental property unless the Director determines that it would not be economically feasible to do so; except that such improvements and other items shall be removed and the non-Governmental property shall be restored to its original state if the owner of such property at the time of termination requests the removal of such improvements or other items. If any such improvements or other items are not removed, the owner of the non-Governmental property at the time of termination shall compensate the United States for the original cost of such improvements or other items or for the amount by which they have increased the fair market value of the property, as determined by the Director, as of the date of termination, whichever is less.
     ''(c) In the event that any non-Governmental property becomes a previously designated property and Secret Service protection at that property has not been terminated, all such improvements and other items which the Director determines are not necessary to secure the previously designated property within the limitations imposed under section 4 shall be removed or compensated for in accordance with the procedures set forth under Subsection (b) of this section.

     ''Sec. 6. Executive departments and Executive agencies shall assist the Secret Service in the performance of its duties by providing services, equipment, and facilities on a temporary and reimbursable basis when requested by the Director and on a permanent and reimbursable basis upon advance written request of the Director; except that the Department of Defense and the Coast Guard shall provide such assistance on a temporary basis without reimbursement when assisting the Secret Service in its duties directly related to the protection of the President or the Vice President or other officer immediately next in order of succession to the office of the President.

     ''Sec. 7. No services, equipment, or facilities may be ordered, purchased, leased, or otherwise procured for the purposes of carrying out the duties of the Secret Service by persons other than officers or employees of the Federal Government duly authorized by the Director to make such orders, purchases, leases, or procurements.

     ''Sec. 8. No funds may be expended or obligated for the purpose of carrying out the purposes of section 3056 of title 18, United States Code, and section 1 of Public Law 90-331 (set out as a note above) other than funds specifically appropriated to the Secret Service for those purposes with the exception of -

     ''(1) expenditures made by the Department of Defense or the Coast Guard from funds appropriated to the Department of Defense or the Coast Guard in providing assistance on a temporary basis to the Secret Service in the performance of its duties directly related to the protection of the President or the Vice President or other officer next in order of succession to the office of the President; and
     ''(2) expenditures made by Executive departments and agencies, in providing assistance at the request of the Secret Service in the performance of its duties, and which will be reimbursed by the Secret Service under section 6 of this Act.

     ''Sec. 9. The Director, the Secretary of Defense, and the Commandant of the Coast Guard shall each transmit a detailed semi-annual report of expenditures made pursuant to this Act during the six-month period immediately preceding such report by the Secret Service, the Department of Defense, and the Coast Guard, respectively, to the Committees on Appropriations, Committees on the Judiciary, and Committees on Government Operations (now Committee on Government Reform of the House of Representatives and Committee on Government Affairs of the Senate) of the House of Representatives and the Senate, respectively, on March 31 and September 30, of each year.

     ''Sec. 10. Expenditures made pursuant to this Act shall be subject to audit by the Comptroller General and his authorized representatives, who shall have access to all records relating to such expenditures. The Comptroller General shall transmit a report of the results of any such audit to the Committees on Appropriations, Committees on the Judiciary, and Committees on Government Operations (now Committee on Government Reform of the House of Representatives and Committee on Government Affairs of the Senate) of the House of Representatives and the Senate, respectively.

     ''Sec. 11. Section 2 of Public Law 90-331 (82 Stat. 170) (formerly set out as a note below) is repealed.

     ''Sec. 12. In carrying out the protection of the President of the United States, pursuant to section 3056(a) of title 18, at the one non-governmental property designated by the President of the United States to be fully secured by the United States Secret Service on a permanent basis, as provided in section 3.(a) of Public Law 94-524 (section 3(a) of this note), or at an airport facility used for travel en route to or from such property(,) the Secretary of the Treasury may utilize, with their consent, the law enforcement services, personnel, equipment, and facilities of the affected State and local governments. Further, the Secretary of the Treasury is authorized to reimburse such State and local governments for the utilization of such services, personnel, equipment, and facilities. All claims for such reimbursement by the affected governments will be submitted to the Secretary of the Treasury on a quarterly basis. Expenditures for this reimbursement are authorized not to exceed $300,000 at the one nongovernmental property, and $70,000 at the airport facility, in any one fiscal year: Provided, That the designated site is located in a municipality or political subdivision of any State where the permanent resident population is 7,000 or less and where the absence of such Federal assistance would place an undue economic burden on the affected State and local governments: Provided further, That the airport facility is wholly or partially located in a municipality or political subdivison (sic) of any State where the permanent resident population is 7,000 or less, the airport is located within 25 nautical miles of the designated nongovernmental property, and where the absence of such Federal assistance would place an undue economic burden on the affected State and local governments.''

other protection statements omitted as out-of-date
other administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 115, 351, 879, 1030, 1752, 2332b, 3486, 4247 of this title;
title 5 sections 552a, 5542;
title 12 section 3414;
title 22 sections 2709, 4304;
title 31 sections 1344, 1537.

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