50 U.S.C. § 1827 — Penalties

Page 270 TITLE 50—WAR AND NATIONAL DEFENSE § 1826 international proliferation of weapons of mass destruc- tion’’ for ‘‘sabotage or international terrorism’’. Subsec. (k)(2). Pub. L. 110–261, § 107(c)(2), substituted ‘‘1823(a)(6)’’ for ‘‘1823(a)(7)’’. 2002—Subsec. (k)(1). Pub. L. 107–296, § 899, which in- serted, in introductory provisions, ‘‘or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)’’ after ‘‘law enforcement officers’’, was repealed by Pub. L. 117–347, § 323(a)(1)(A). Repeal to have no effect on amendment by Pub. L. 107–296, see Construction of 2023 Amendment note set out under section 2517 of Title 18, Crimes and Criminal Procedure. 2001—Subsec. (k). Pub. L. 107–56 added subsec. (k). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an Effective Date of 2008 Amendment note under sec- tion 1801 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE Section effective 90 days after Oct. 14, 1994, with ex- ception for certain physical searches approved by the Attorney General to gather foreign intelligence infor- mation, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title. § 1826. Congressional oversight On a semiannual basis the Attorney General shall fully inform the Permanent Select Com- mittee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate concerning all physical searches conducted pur- suant to this subchapter. On a semiannual basis the Attorney General shall also provide to those committees a report setting forth with respect to the preceding six-month period— (1) the total number of applications made for orders approving physical searches under this subchapter; (2) the total number of such orders either granted, modified, or denied; (3) the number of physical searches which in- volved searches of the residences, offices, or personal property of United States persons, and the number of occasions, if any, where the Attorney General provided notice pursuant to section 1825(b) of this title; and (4) the total number of emergency physical searches authorized by the Attorney General under section 1824(e) of this title and the total number of subsequent orders approving or de- nying such physical searches. (Pub. L. 95–511, title III, § 306, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3451; amended Pub. L. 109–177, title I, § 109(a), Mar. 9, 2006, 120 Stat. 204; Pub. L. 114–23, title VI, § 605(b), June 2, 2015, 129 Stat. 298.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–23, in introductory provisions, sub- stituted ‘‘Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intel- ligence and the Committee on the Judiciary of the Sen- ate’’ for ‘‘Permanent Select Committee on Intelligence of the House of Representatives and the Select Com- mittee on Intelligence of the Senate, and the Com- mittee on the Judiciary of the Senate,’’ and struck out ‘‘and the Committee on the Judiciary of the House of Representatives’’ after ‘‘those committees’’. 2006—Pub. L. 109–177, § 109(a)(1), (2), in introductory provisions, inserted ‘‘, and the Committee on the Judi- ciary of the Senate,’’ after ‘‘Select Committee on Intel- ligence of the Senate’’ and substituted ‘‘and the Com- mittee on the Judiciary of the House of Representa- tives’’ for ‘‘and the Committees on the Judiciary of the House of Representatives and the Senate’’. Par. (4). Pub. L. 109–177, § 109(a)(3)–(5), added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 14, 1994, with ex- ception for certain physical searches approved by the Attorney General to gather foreign intelligence infor- mation, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title. § 1827. Penalties (a) Prohibited activities A person is guilty of an offense if he inten- tionally— (1) under color of law for the purpose of ob- taining foreign intelligence information, exe- cutes a physical search within the United States except as authorized by statute; or (2) discloses or uses information obtained under color of law by physical search within the United States, knowing or having reason to know that the information was obtained through physical search not authorized by statute, for the purpose of obtaining intel- ligence information. (b) Defense It is a defense to a prosecution under sub- section (a) that the defendant was a law enforce- ment or investigative officer engaged in the course of his official duties and the physical search was authorized by and conducted pursu- ant to a search warrant or court order of a court of competent jurisdiction. (c) Fine or imprisonment An offense described in this section is punish- able by a fine of not more than $10,000 or impris- onment for not more than five years, or both. (d) Federal jurisdiction There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed. (Pub. L. 95–511, title III, § 307, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 14, 1994, with ex- ception for certain physical searches approved by the Page 271 TITLE 50—WAR AND NATIONAL DEFENSE § 1841 Attorney General to gather foreign intelligence infor- mation, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title. § 1828. Civil liability An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A), respectively, of this title, whose premises, property, informa- tion, or material has been subjected to a phys- ical search within the United States or about whom information obtained by such a physical search has been disclosed or used in violation of section 1827 of this title shall have a cause of ac- tion against any person who committed such violation and shall be entitled to recover— (1) actual damages, but not less than liq- uidated damages of $1,000 or $100 per day for each day of violation, whichever is greater; (2) punitive damages; and (3) reasonable attorney’s fees and other in- vestigative and litigation costs reasonably in- curred. (Pub. L. 95–511, title III, § 308, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 14, 1994, with ex- ception for certain physical searches approved by the Attorney General to gather foreign intelligence infor- mation, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title. § 1829. Authorization during time of war Notwithstanding any other provision of law, the President, through the Attorney General, may authorize physical searches without a court order under this subchapter to acquire foreign intelligence information for a period not to ex- ceed 15 calendar days following a declaration of war by the Congress. (Pub. L. 95–511, title III, § 309, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 14, 1994, with ex- ception for certain physical searches approved by the Attorney General to gather foreign intelligence infor- mation, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title. SUBCHAPTER III—PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOR- EIGN INTELLIGENCE PURPOSES § 1841. Definitions As used in this subchapter: (1) The terms ‘‘foreign power’’, ‘‘agent of a foreign power’’, ‘‘international terrorism’’, ‘‘foreign intelligence information’’, ‘‘Attorney General’’, ‘‘United States person’’, ‘‘United States’’, ‘‘person’’, and ‘‘State’’ shall have the same meanings as in section 1801 of this title. (2) The terms ‘‘pen register’’ and ‘‘trap and trace device’’ have the meanings given such terms in section 3127 of title 18. (3) The term ‘‘aggrieved person’’ means any person— (A) whose telephone line was subject to the installation or use of a pen register or trap and trace device authorized by this sub- chapter; or (B) whose communication instrument or device was subject to the use of a pen reg- ister or trap and trace device authorized by this subchapter to capture incoming elec- tronic or other communications impulses. (4)(A) The term ‘‘specific selection term’’— (i) is a term that specifically identifies a person, account, address, or personal device, or any other specific identifier; and (ii) is used to limit, to the greatest extent reasonably practicable, the scope of informa- tion sought, consistent with the purpose for seeking the use of the pen register or trap and trace device. (B) A specific selection term under subpara- graph (A) does not include an identifier that does not limit, to the greatest extent reason- ably practicable, the scope of information sought, consistent with the purpose for seek- ing the use of the pen register or trap and trace device, such as an identifier that— (i) identifies an electronic communication service provider (as that term is defined in section 1881 of this title) or a provider of re- mote computing service (as that term is de- fined in section 2711 of title 18), when not used as part of a specific identifier as de- scribed in subparagraph (A), unless the pro- vider is itself a subject of an authorized in- vestigation for which the specific selection term is used as the basis for the use; or (ii) identifies a broad geographic region, including the United States, a city, a coun- ty, a State, a zip code, or an area code, when not used as part of a specific identifier as de- scribed in subparagraph (A). (C) For purposes of subparagraph (A), the term ‘‘address’’ means a physical address or electronic address, such as an electronic mail address or temporarily assigned network ad- dress (including an Internet protocol address). (D) Nothing in this paragraph shall be con- strued to preclude the use of multiple terms or identifiers to meet the requirements of sub- paragraph (A). (Pub. L. 95–511, title IV, § 401, as added Pub. L. 105–272, title VI, § 601(2), Oct. 20, 1998, 112 Stat. 2404; amended Pub. L. 114–23, title II, § 201(b), June 2, 2015, 129 Stat. 277.) Editorial Notes PRIOR PROVISIONS A prior section 401 of Pub. L. 95–511 was renumbered section 701 and was set out as a note under section 1801 of this title, prior to repeal by Pub. L. 110–261. AMENDMENTS 2015—Par. (4). Pub. L. 114–23 added par. (4).