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42 USC CHAPTER 21A - PRIVACY PROTECTION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21A - PRIVACY PROTECTION

-HEAD-

CHAPTER 21A - PRIVACY PROTECTION

-MISC1-

SUBCHAPTER I - FIRST AMENDMENT PRIVACY PROTECTION

PART A - UNLAWFUL ACTS

Sec.

2000aa. Searches and seizures by government officers and

employees in connection with investigation or

prosecution of criminal offenses.

(a) Work product materials.

(b) Other documents.

(c) Objections to court ordered subpoenas;

affidavits.

PART B - REMEDIES, EXCEPTIONS, AND DEFINITIONS

2000aa-5. Border and customs searches.

2000aa-6. Civil actions by aggrieved persons.

(a) Right of action.

(b) Good faith defense.

(c) Official immunity.

(d) Exclusive nature of remedy.

(e) Admissibility of evidence.

(f) Damages; costs and attorneys' fees.

(g) Attorney General; claims settlement;

regulations.

(h) Jurisdiction.

2000aa-7. Definitions.

SUBCHAPTER II - ATTORNEY GENERAL GUIDELINES

2000aa-11. Guidelines for Federal officers and employees.

(a) Procedures to obtain documentary evidence;

protection of certain privacy interests.

(b) Use of search warrants; reports to Congress.

2000aa-12. Binding nature of guidelines; disciplinary actions

for violations; legal proceedings for

non-compliance prohibited.

-End-

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42 USC SUBCHAPTER I - FIRST AMENDMENT PRIVACY PROTECTION 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21A - PRIVACY PROTECTION

SUBCHAPTER I - FIRST AMENDMENT PRIVACY PROTECTION

-HEAD-

SUBCHAPTER I - FIRST AMENDMENT PRIVACY PROTECTION

-End-

-CITE-

42 USC Part A - Unlawful Acts 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21A - PRIVACY PROTECTION

SUBCHAPTER I - FIRST AMENDMENT PRIVACY PROTECTION

Part A - Unlawful Acts

-HEAD-

PART A - UNLAWFUL ACTS

-End-

-CITE-

42 USC Sec. 2000aa 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21A - PRIVACY PROTECTION

SUBCHAPTER I - FIRST AMENDMENT PRIVACY PROTECTION

Part A - Unlawful Acts

-HEAD-

Sec. 2000aa. Searches and seizures by government officers and

employees in connection with investigation or prosecution of

criminal offenses

-STATUTE-

(a) Work product materials

Notwithstanding any other law, it shall be unlawful for a

government officer or employee, in connection with the

investigation or prosecution of a criminal offense, to search for

or seize any work product materials possessed by a person

reasonably believed to have a purpose to disseminate to the public

a newspaper, book, broadcast, or other similar form of public

communication, in or affecting interstate or foreign commerce; but

this provision shall not impair or affect the ability of any

government officer or employee, pursuant to otherwise applicable

law, to search for or seize such materials, if -

(1) there is probable cause to believe that the person

possessing such materials has committed or is committing the

criminal offense to which the materials relate: Provided,

however, That a government officer or employee may not search for

or seize such materials under the provisions of this paragraph if

the offense to which the materials relate consists of the

receipt, possession, communication, or withholding of such

materials or the information contained therein (but such a search

or seizure may be conducted under the provisions of this

paragraph if the offense consists of the receipt, possession, or

communication of information relating to the national defense,

classified information, or restricted data under the provisions

of section 793, 794, 797, or 798 of title 18, or section 2274,

2275, or 2277 of this title, or section 783 of title 50, or if

the offense involves the production, possession, receipt,

mailing, sale, distribution, shipment, or transportation of child

pornography, the sexual exploitation of children, or the sale or

purchase of children under section 2251, 2251A, 2252, or 2252A of

title 18); or

(2) there is reason to believe that the immediate seizure of

such materials is necessary to prevent the death of, or serious

bodily injury to, a human being.

(b) Other documents

Notwithstanding any other law, it shall be unlawful for a

government officer or employee, in connection with the

investigation or prosecution of a criminal offense, to search for

or seize documentary materials, other than work product materials,

possessed by a person in connection with a purpose to disseminate

to the public a newspaper, book, broadcast, or other similar form

of public communication, in or affecting interstate or foreign

commerce; but this provision shall not impair or affect the ability

of any government officer or employee, pursuant to otherwise

applicable law, to search for or seize such materials, if -

(1) there is probable cause to believe that the person

possessing such materials has committed or is committing the

criminal offense to which the materials relate: Provided,

however, That a government officer or employee may not search for

or seize such materials under the provisions of this paragraph if

the offense to which the materials relate consists of the

receipt, possession, communication, or withholding of such

materials or the information contained therein (but such a search

or seizure may be conducted under the provisions of this

paragraph if the offense consists of the receipt, possession, or

communication of information relating to the national defense,

classified information, or restricted data under the provisions

of section 793, 794, 797, or 798 of title 18, or section 2274,

2275, or 2277 of this title, or section 783 of title 50, or if

the offense involves the production, possession, receipt,

mailing, sale, distribution, shipment, or transportation of child

pornography, the sexual exploitation of children, or the sale or

purchase of children under section 2251, 2251A, 2252, or 2252A of

title 18);

(2) there is reason to believe that the immediate seizure of

such materials is necessary to prevent the death of, or serious

bodily injury to, a human being;

(3) there is reason to believe that the giving of notice

pursuant to a subpena duces tecum would result in the

destruction, alteration, or concealment of such materials; or

(4) such materials have not been produced in response to a

court order directing compliance with a subpena duces tecum, and

-

(A) all appellate remedies have been exhausted; or

(B) there is reason to believe that the delay in an

investigation or trial occasioned by further proceedings

relating to the subpena would threaten the interests of

justice.

(c) Objections to court ordered subpoenas; affidavits

In the event a search warrant is sought pursuant to paragraph

(4)(B) of subsection (b) of this section, the person possessing the

materials shall be afforded adequate opportunity to submit an

affidavit setting forth the basis for any contention that the

materials sought are not subject to seizure.

-SOURCE-

(Pub. L. 96-440, title I, Sec. 101, Oct. 13, 1980, 94 Stat. 1879;

Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.

121[6]], Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-30.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-208, Sec. 101(a) [title I,

Sec. 121[6(1)]], inserted ", or if the offense involves the

production, possession, receipt, mailing, sale, distribution,

shipment, or transportation of child pornography, the sexual

exploitation of children, or the sale or purchase of children under

section 2251, 2251A, 2252, or 2252A of title 18" before parenthesis

at end.

Subsec. (b)(1). Pub. L. 104-208, Sec. 101(a) [title I, Sec.

121[6(2)]], inserted ", or if the offense involves the production,

possession, receipt, mailing, sale, distribution, shipment, or

transportation of child pornography, the sexual exploitation of

children, or the sale or purchase of children under section 2251,

2251A, 2252, or 2252A of title 18" before parenthesis at end.

EFFECTIVE DATE

Section 108 of title I of Pub. L. 96-440 provided that: "The

provisions of this title [enacting this subchapter] shall become

effective on January 1, 1981, except that insofar as such

provisions are applicable to a State or any governmental unit other

than the United States, the provisions of this title shall become

effective one year from the date of enactment of this Act [Oct. 13,

1980]."

SHORT TITLE

Section 1 of Pub. L. 96-440 provided: "That this Act [enacting

this chapter and provisions set out as notes under this section]

may be cited as the 'Privacy Protection Act of 1980'."

-End-

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42 USC Part B - Remedies, Exceptions, and Definitions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21A - PRIVACY PROTECTION

SUBCHAPTER I - FIRST AMENDMENT PRIVACY PROTECTION

Part B - Remedies, Exceptions, and Definitions

-HEAD-

PART B - REMEDIES, EXCEPTIONS, AND DEFINITIONS

-End-

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42 USC Sec. 2000aa-5 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21A - PRIVACY PROTECTION

SUBCHAPTER I - FIRST AMENDMENT PRIVACY PROTECTION

Part B - Remedies, Exceptions, and Definitions

-HEAD-

Sec. 2000aa-5. Border and customs searches

-STATUTE-

This chapter shall not impair or affect the ability of a

government officer or employee, pursuant to otherwise applicable

law, to conduct searches and seizures at the borders of, or at

international points of, entry into the United States in order to

enforce the customs laws of the United States.

-SOURCE-

(Pub. L. 96-440, title I, Sec. 105, Oct. 13, 1980, 94 Stat. 1880.)

-End-

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42 USC Sec. 2000aa-6 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21A - PRIVACY PROTECTION

SUBCHAPTER I - FIRST AMENDMENT PRIVACY PROTECTION

Part B - Remedies, Exceptions, and Definitions

-HEAD-

Sec. 2000aa-6. Civil actions by aggrieved persons

-STATUTE-

(a) Right of action

A person aggrieved by a search for or seizure of materials in

violation of this chapter shall have a civil cause of action for

damages for such search or seizure -

(1) against the United States, against a State which has waived

its sovereign immunity under the Constitution to a claim for

damages resulting from a violation of this chapter, or against

any other governmental unit, all of which shall be liable for

violations of this chapter by their officers or employees while

acting within the scope or under color of their office or

employment; and

(2) against an officer or employee of a State who has violated

this chapter while acting within the scope or under color of his

office or employment, if such State has not waived its sovereign

immunity as provided in paragraph (1).

(b) Good faith defense

It shall be a complete defense to a civil action brought under

paragraph (2) of subsection (a) of this section that the officer or

employee had a reasonable good faith belief in the lawfulness of

his conduct.

(c) Official immunity

The United States, a State, or any other governmental unit liable

for violations of this chapter under subsection (a)(1) of this

section, may not assert as a defense to a claim arising under this

chapter the immunity of the officer or employee whose violation is

complained of or his reasonable good faith belief in the lawfulness

of his conduct, except that such a defense may be asserted if the

violation complained of is that of a judicial officer.

(d) Exclusive nature of remedy

The remedy provided by subsection (a)(1) of this section against

the United States, a State, or any other governmental unit is

exclusive of any other civil action or proceeding for conduct

constituting a violation of this chapter, against the officer or

employee whose violation gave rise to the claim, or against the

estate of such officer or employee.

(e) Admissibility of evidence

Evidence otherwise admissible in a proceeding shall not be

excluded on the basis of a violation of this chapter.

(f) Damages; costs and attorneys' fees

A person having a cause of action under this section shall be

entitled to recover actual damages but not less than liquidated

damages of $1,000, and such reasonable attorneys' fees and other

litigation costs reasonably incurred as the court, in its

discretion, may award: Provided, however, That the United States, a

State, or any other governmental unit shall not be liable for

interest prior to judgment.

(g) Attorney General; claims settlement; regulations

The Attorney General may settle a claim for damages brought

against the United States under this section, and shall promulgate

regulations to provide for the commencement of an administrative

inquiry following a determination of a violation of this chapter by

an officer or employee of the United States and for the imposition

of administrative sanctions against such officer or employee, if

warranted.

(h) Jurisdiction

The district courts shall have original jurisdiction of all civil

actions arising under this section.

-SOURCE-

(Pub. L. 96-440, title I, Sec. 106, Oct. 13, 1980, 94 Stat. 1880.)

-End-

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42 USC Sec. 2000aa-7 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21A - PRIVACY PROTECTION

SUBCHAPTER I - FIRST AMENDMENT PRIVACY PROTECTION

Part B - Remedies, Exceptions, and Definitions

-HEAD-

Sec. 2000aa-7. Definitions

-STATUTE-

(a) "Documentary materials", as used in this chapter, means

materials upon which information is recorded, and includes, but is

not limited to, written or printed materials, photographs, motion

picture films, negatives, video tapes, audio tapes, and other

mechanically, magentically (!1) or electronically recorded cards,

tapes, or discs, but does not include contraband or the fruits of a

crime or things otherwise criminally possessed, or property

designed or intended for use, or which is or has been used as, the

means of committing a criminal offense.

(b) "Work product materials", as used in this chapter, means

materials, other than contraband or the fruits of a crime or things

otherwise criminally possessed, or property designed or intended

for use, or which is or has been used, as the means of committing a

criminal offense, and -

(1) in anticipation of communicating such materials to the

public, are prepared, produced, authored, or created, whether by

the person in possession of the materials or by any other person;

(2) are possessed for the purposes of communicating such

materials to the public; and

(3) include mental impressions, conclusions, opinions, or

theories of the person who prepared, produced, authored, or

created such material.

(c) "Any other governmental unit", as used in this chapter,

includes the District of Columbia, the Commonwealth of Puerto Rico,

any territory or possession of the United States, and any local

government, unit of local government, or any unit of State

government.

-SOURCE-

(Pub. L. 96-440, title I, Sec. 107, Oct. 13, 1980, 94 Stat. 1881.)

-FOOTNOTE-

(!1) So in original. Probably should be "magnetically".

-End-

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42 USC SUBCHAPTER II - ATTORNEY GENERAL GUIDELINES 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21A - PRIVACY PROTECTION

SUBCHAPTER II - ATTORNEY GENERAL GUIDELINES

-HEAD-

SUBCHAPTER II - ATTORNEY GENERAL GUIDELINES

-End-

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42 USC Sec. 2000aa-11 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21A - PRIVACY PROTECTION

SUBCHAPTER II - ATTORNEY GENERAL GUIDELINES

-HEAD-

Sec. 2000aa-11. Guidelines for Federal officers and employees

-STATUTE-

(a) Procedures to obtain documentary evidence; protection of

certain privacy interests

The Attorney General shall, within six months of October 13,

1980, issue guidelines for the procedures to be employed by any

Federal officer or employee, in connection with the investigation

or prosecution of an offense, to obtain documentary materials in

the private possession of a person when the person is not

reasonably believed to be a suspect in such offense or related by

blood or marriage to such a suspect, and when the materials sought

are not contraband or the fruits or instrumentalities of an

offense. The Attorney General shall incorporate in such guidelines

-

(1) a recognition of the personal privacy interests of the

person in possession of such documentary materials;

(2) a requirement that the least intrusive method or means of

obtaining such materials be used which do not substantially

jeopardize the availability or usefulness of the materials sought

to be obtained;

(3) a recognition of special concern for privacy interests in

cases in which a search or seizure for such documents would

intrude upon a known confidential relationship such as that which

may exist between clergyman and parishioner; lawyer and client;

or doctor and patient; and

(4) a requirement that an application for a warrant to conduct

a search governed by this subchapter be approved by an attorney

for the government, except that in an emergency situation the

application may be approved by another appropriate supervisory

official if within 24 hours of such emergency the appropriate

United States Attorney is notified.

(b) Use of search warrants; reports to Congress

The Attorney General shall collect and compile information on,

and report annually to the Committees on the Judiciary of the

Senate and the House of Representatives on the use of search

warrants by Federal officers and employees for documentary

materials described in subsection (a)(3) of this section.

-SOURCE-

(Pub. L. 96-440, title II, Sec. 201, Oct. 13, 1980, 94 Stat. 1882.)

-End-

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42 USC Sec. 2000aa-12 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21A - PRIVACY PROTECTION

SUBCHAPTER II - ATTORNEY GENERAL GUIDELINES

-HEAD-

Sec. 2000aa-12. Binding nature of guidelines; disciplinary actions

for violations; legal proceedings for non-compliance prohibited

-STATUTE-

Guidelines issued by the Attorney General under this subchapter

shall have the full force and effect of Department of Justice

regulations and any violation of these guidelines shall make the

employee or officer involved subject to appropriate administrative

disciplinary action. However, an issue relating to the compliance,

or the failure to comply, with guidelines issued pursuant to this

subchapter may not be litigated, and a court may not entertain such

an issue as the basis for the suppression or exclusion of evidence.

-SOURCE-

(Pub. L. 96-440, title II, Sec. 202, Oct. 13, 1980, 94 Stat. 1883.)

-End-