by Unknown
(D) by inserting before section 384 the following heading:
“Authority of Commission; Operations, Installations, and
Additional Equipment”;
(E) by inserting before section 385 the following heading:
“Inspections”; and
(F) by inserting before section 386 the following heading:
“Forfeitures”;
(21) in section 410(c), by striking “, as referred to in sections 202(b) and 205(f) of the Interstate Commerce Act,”;
(22) in section 613(b)(2), by inserting a comma after “pole” and after
“line”;
(23) in section 624(d)(2)(A), by inserting “of” after “viewing”;
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(24) in section 634(h)(1), by striking “section 602(6)(A)” and insert-
ing “section 602(7)(A)”;
(25) in section 705(d)(6), by striking “subsection (d)” and inserting
“subsection (e)”;
(26) in section 705(e)(3)(A), by striking “paragraph (4) of subsection
(d)” and inserting “paragraph (4) of this subsection”;
(27) in section 705, by redesignating subsections (f) and (g) (as added by Public Law 100-667) as subsections (g) and (h); and
(28) in section 705(h) (as so redesignated), by striking “subsection
(f)” and inserting “subsection (g).”
(b) Amendments to the Communications Satellite Act of 1962—The
Communications Satellite Act of 1962 is amended—
(1) in section 303(a)—
(A) by striking “section 27(d)” and inserting “section 327(d)”;
(B) by striking “sec. 29-911(d)” and inserting “sec. 29-327(d)”;
(C) by striking “section 36” and inserting “section 336”; and
(D) by striking “sec. 29-916d” and inserting “section 29-336(d)”;
(2) in section 304(d), by striking “paragraphs (1), (2), (3), (4), and (5) of section 310(a)” and inserting “subsection (a) and paragraphs
(1) through (4) of subsection (b) of section 310”; and
(3) in section 304(e)—
(A) by striking “section 45(b)” and inserting “section 345(b)”; and
(B) by striking “sec. 29-920(b)” and inserting “sec. 29-345(b)”; and
(4) in sections 502(b) and 503(a)(1), by striking “the Communications
Satellite Corporation” and inserting “the communications sat-
ellite corporation established pursuant to title III of this Act.”
(c) Amendment to the Children’s Television Act of 1990—Section 103(a) of the Children’s Television Act of 1990 (47 U.S.C.
303b(a)) is amended by striking “noncommerical” and inserting
“noncommercial”.
(d) Amendments to the Telecommunications Authorization Act of
1992—Section 205(1) of the Telecommunications Authorization Act
of 1992 is amended—
(1) by inserting an open parenthesis before “other than”; and
(2) by inserting a comma after “stations)”.
(e) Conforming Amendment—Section 1253 of the Omnibus Budget
Reconciliation Act of 1981 is repealed.
(f) Stylistic Consistency—The Communications Act of 1934 and the
Communications Satellite Act of 1962 are amended so that the
section designation and section heading of each section of such
Appendix A: Electronic Surveillance Law
325
Acts shall be in the form and typeface of the section designation and
heading of this section.
§ 304. Elimination of Expired and Outdated Provisions
(a)
Amendments to the Communications Act of 1934—The
Communications Act of 1934 is amended—
(1) in section 7(b), by striking “or twelve months after the
date of the enactment of this section, if later” both places it
appears;
(2) in section 212, by striking “After sixty days from the enactment
of this Act it shall” and inserting “It shall”;
(3) in section 213, by striking subsection (g) and redesignating
subsection (h) as subsection (g);
(4) in section 214, by striking “section 221 or 222” and inserting
“section 221”;
(5) in section 220(b), by striking “, as soon as practicable,”;
(6) by striking section 222;
(7) in section 224(b)(2), by striking “Within 180 days from the date
of enactment of this section the Commission” and inserting
“The Commission”;
(8) in 226(e), by striking “within 9 months after the date of enact-
ment of this section,”;
(9) in section 309(i)(4)(A), by striking “The commission, not
later than 180 days after the date of the enactment of the
Communications Technical Amendments Act of 1982, shall,”
and inserting “The Commission shall,”;
(10) by striking section 328;
(11) in section 413, by striking “, within 60 days after the taking
effect of this Act,”;
(12) in section 624(d)(2)(B)—
(A) by striking out “(A)”;
(B) by inserting “of” after “restrict the viewing”; and
(C) by striking subparagraph (B);
(13) by striking sections 702 and 703;
(14) in section 704—
(A) by striking subsections (b) and (d); and
(B) by redesignating subsection (c) as subsection (b);
(15) in section 705(g) (as redesignated by section 304(25)), by strik-
ing “within 6 months after the date of enactment of the Satellite
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Home Viewer Act of 1988, the Federal Communications
Commission” and inserting “The Commission”;
(16) in section 710(f)—
(A) by striking the first and second sentences; and
(B)
in the third sentence, by striking “Thereafter, the
Commission” and inserting “The Commission”;
(17) in section 712(a), by striking “, within 120 days after the effective date of the Satellite Home Viewer Act of 1988,”; and
(18) by striking section 713.
(b) Amendments to the Communications Satellite Act of 1962—The
Communications Satellite Act of 1962 is amended—
(1) in section 201(a)(1), by striking “as expeditiously as possible,”;
(2) by striking sections 301 and 302 and inserting the following:
Ҥ 301. Creation of Corporation
“There is authorized to be created a communications satellite corporation for profit which will not be an agency or establishment of the United States Government.
Ҥ 302. Applicable Laws
“The corporation shall be subject to the provisions of this Act and, to
the extent consistent with this Act, to the District of Columbia Business Corporation Act. The right to repeal, alter, or amend this Act at any time is expressly reserved.”;
(3) in section 304(a), by striking “at a price not in excess of $100 for each share and”;
(4) in section 404—
(A) by striking subsections (a)–(c); and
(B) by redesignating subsection (b) as section 404;
(5) in section 503—
(A) by striking paragraph (2) of subsection (a); and
(B) by redesignating paragraph (3) of subsection (a) as para-
graph (2) of such subsection;
(C) by striking subsection (b);
(D) in subsection (g)—
(i) by striking “subsection (c)(3)” and inserting “subsec-
tion (b)(3)”; and
(ii) by striking the last sentence; and
(E) by redesignating subsections (c)–(h) as subsections (b)–
(g), respectively;
Appendix A: Electronic Surveillance Law
327
(5) by striking sections 505–507; and
(6) by redesignating section 508 as section 505.
Approved October 25, 1994
Foreign Intelligence Surveillance Act (50 U.S.C. 1861)
§ 1861. Access to Certain Business Records for Foreign
Intelligence and International Terrorism Investigations
(a) Application for Order; Conduct of Investigation General y
(1) Subject to paragraph (3), the Director of the Federal Bureau of
Investigation or a designee of the Director (whose rank shall be
no lower than Assistant Special Agent in Charge) may make an
application for an order requiring the production of any tangible
things (including books, records, papers, documents, and other
items) for an investigation to obtain foreign intelligence informa-
tion not concerning a United States person or to protect against
international terrorism or clandestine intelligence activities, pro-
vided that such investigation of a United States person is not con-
ducted solely upon the basis of activities protected by the first
amendment to the Constitution.
(2) An investigation conducted under this section shall—
(A) be conducted under guidelines approved by the Attorney
General under Executive Order 12333 (or a successor order);
and
(B) not be conducted of a United States person solely upon the
basis of activities protected by the first amendment to the
Constitution of the United States.
(3) In the case of an application for an order requiring the produc-
tion of library circulation records, library patron lists, book sales
records, book customer lists, firearms sales records, tax return
records, educational records, or medical records containing infor-
mation that would identify a person, the Director of the Federal
Bureau of Investigation may delegate the authority to make such
application to either the Deputy Director of the Federal Bureau
of Investigation or the Executive Assistant Director for National
Security (or any successor position). The Deputy Director or
the Executive Assistant Director may not further delegate such
authority.
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(b) Recipient and Contents of Application
Each application under this section—
(1) shall be made to—
(A) a judge of the court established by section 1803 (a) of this
title; or
(B) a United States Magistrate Judge under chapter 43 of title
28, who is publicly designated by the Chief Justice of the
United States to have the power to hear applications and
grant orders for the production of tangible things under this
section on behalf of a judge of that court; and
(2) shall include—
(A) a statement of facts showing that there are reasonable
grounds to believe that the tangible things sought are rel-
evant to an authorized investigation (other than a threat
assessment) conducted in accordance with subsection (a)(2)
to obtain foreign intelligence information not concerning
a United States person or to protect against international
terrorism or clandestine intelligence activities, such things
being presumptively relevant to an authorized investigation
if the applicant shows in the statement of the facts that they
pertain to—
(i) a foreign power or an agent of a foreign power;
(ii) the activities of a suspected agent of a foreign power
who is the subject of such authorized investigation; or
(iii) an individual in contact with, or known to, a suspected
agent of a foreign power who is the subject of such
authorized investigation; and
(B) an enumeration of the minimization procedures adopted by
the Attorney General under subsection (g) that are applica-
ble to the retention and dissemination by the Federal Bureau
of Investigation of any tangible things to be made available
to the Federal Bureau of Investigation based on the order
requested in such application.
(c) Ex Parte Judicial Order of Approval
(1) Upon an application made pursuant to this section, if the judge
finds that the application meets the requirements of subsections
(a) and (b), the judge shall enter an ex parte order as requested, or
as modified, approving the release of tangible things. Such order
shall direct that minimization procedures adopted pursuant to
subsection (g) be followed.
Appendix A: Electronic Surveillance Law
329
(2) An order under this subsection—
(A) shall describe the tangible things that are ordered to be
produced with sufficient particularity to permit them to be
fairly identified;
(B) shall include the date on which the tangible things must
be provided, which shall allow a reasonable period of time
within which the tangible things can be assembled and
made available;
(C) shall provide clear and conspicuous notice of the principles
and procedures described in subsection (d);
(D) may only require the production of a tangible thing if such
thing can be obtained with a subpoena duces tecum issued
by a court of the United States in aid of a grand jury inves-
tigation or with any other order issued by a court of the
United States directing the production of records or tan-
gible things; and
(E) shall not disclose that such order is issued for purposes of an
investigation described in subsection (a).
(d) Nondisclosure
(1) No person shall disclose to any other person that the Federal
Bureau of Investigation has sought or obtained tangible things
pursuant to an order under this section, other than to—
(A) those persons to whom disclosure is necessary to comply
with such order;
(B) an attorney to obtain legal advice or assistance with
respect to the production of things in response to the
order; or
(C) other persons as permitted by the Director of the Federal
Bureau of Investigation or the designee of the Director.
(2)
(A) A person to whom disclosure is made pursuant to paragraph
(1) shall be subject to the nondisclosure requirements appli-
cable to a person to whom an order is directed under this
section in the same manner as such person.
(B) Any person who discloses to a person described in sub-
paragraph (A), (B), or (C) of paragraph (1) that the Federal
Bureau of Investigation has sought or obtained tangible
things pursuant to an order under this section shall notify
such person of the nondisclosure requirements of this
subsection.
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(C) At the request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person
making or intending to make a disclosure under
subpara-
graph (A) or (C) of paragraph (1) shall identify to the Director
or such designee the person to whom such disclosure will
be made or to whom such disclosure was made prior to the
request.
(e) Liability for Good Faith Disclosure; Waiver
A person who, in good faith, produces tangible things under an order
pursuant to this section shall not be liable to any other person for such production. Such production shall not be deemed to constitute a waiver
of any privilege in any other proceeding or context.
(f) Judicial Review of FISA Orders
(1) In this subsection—
(A) the term “production order” means an order to produce any
tangible thing under this section; and
(B) the term “nondisclosure order” means an order imposed
under subsection (d).
(2)
(A)
(i) A person receiving a production order may challenge
the legality of that order by filing a petition with the
pool established by section 1803 (e)(1) of this title.
Not less than 1 year after the date of the issuance of
the production order, the recipient of a production
order may challenge the nondisclosure order imposed
in connection with such production order by filing
a petition to modify or set aside such nondisclosure
order, consistent with the requirements of subpara-
