PUBLIC LAW 96-440

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000300040001-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 20, 2016
• Document Release Date: May 21, 2007
• Sequence Number: 1
• Publication Date: October 13, 1980
• Content Type: OPEN SOURCE

Approved For Release 2007/05/23: CIA-RDP85-00003R000300040001-6
PUBLIC LAW 96-440-OCT. 13, 1980 94 STAT. 1879
Public Law 96-440
96th Congress
United States ofAmerica in Congress assembled That this Act may be Privacy
cited as the "Privacy Protection Act of 1980". Protection Act of
1980.
42 USC 2000aa
TITLE I-FIRST AMENDMENT PRIVACY PROTECTION note.
Be it enacted by the Senate and House of Representatives of the
persons, to provide a remedy for persons aggrieved by violations of the provisions [S. 17901
of this Act, and for other purposes.
To limit governmental search and seizure of documentary materials possessed by Oct. 13, 1980
PART A-UNLAWFUL ACTS
SEC. 101. (a) Notwithstanding any other law, it shall be unlawful for work product
a government officer or employee, in connection with the investiga- march or
tion or prosecution of a criminal offense, to search for or seize any seizure.
work product materials possessed by a person reasonably believed to 42 USC 2000aa.
have a purpose to disseminate to the public a newspaper, book,
broadcast, or other similar form of public communication, in or
affecting interstate or fore ign 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 informa-
tion 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 informa-
tion relating to the national defense, classified information, or
restricted data under the provisions of section 793, 794, 797, or
798 of title 18, United States Code, or section 224, 225, or 227 of
the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2277), or
section 4 of the Subversive Activities Control Act of 1950 (50
U.S.C. 783)); or
(2) there is reason to believe that the immediate seizure of such
materials is necessary to prevent the death of, or serious bodily
unury to, a human being.
(b) 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 documen-
tary 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 communi-
cation, in or affecting interstate or foreign commerce; but this
provision shall not impair or affect the ability of any government
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94 STAT. 1880 PUBLIC LAW 96-440-OCT. 13, 1980
Customs laws.
42 USC
2000aa-5.
Damages, civil
actions.
42 USC 2000aa-6.
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 informa-
tion 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 informa-
tion relating to the national defense, classified information, or
restricted data under the provisions of section 793, 794, 797, or
798 of title 18, United States Code, or section 224, 225, or 227 of
the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2277), or
section 4 of the Subversive Activities Control Act of 1950 (50
U.S.C. 783));
(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 investiga-
tion or trial occasioned by further proceedings relating to
the subpena would threaten the interests of justice.
(c) In the event a search warrant is sought pursuant to paragraph
(4)(B) of subsection (b), 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.
PART B-REMEDIES, EXCEPTIONS, AND DEFINITIONS
SEC. 105. This Act 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.
SEC. 106. (a) A person aggrieved by a search for or seizure of
materials in violation of this Act 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 Act, or against any
other governmental unit, all of which shall be liable for viola-
tions of this Act 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 Act 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).
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PUBLIC LAW 96-440-OCT. 13, 1980 94 STAT. 1881
(b) It shall be a complete defense to a civil action brought under
paragraph (2) of subsection (a) that the officer or employee had a
reasonable good faith belief in the lawfulness of his conduct.
(c) The United States, a State, or any other governmental unit
liable for violations of this Act under subsection (a)(1), may not assert
as a defense to a claim arising under this Act 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) The remedy provided by subsection (a)(1) 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 Act, against the officer or employee whose violation gave rise to
the claim, or against the estate of such officer or employee.
(e) Evidence otherwise admissible in a proceeding shall not be
excluded on the basis of a violation of this Act.
(f) 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) 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 Act by an
officer or employee of the United States and for the imposition of
administrative sanctions against such officer or employee, if
warranted.
(h) The district courts shall have original jurisdiction of all civil
actions arising under this section.
SEC. 107. (a) "Documentary materials", as used in this Act, 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 mechani-
cally, magentically 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 Act, 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 the-
ories of the person who prepared, produced, authored, or created
such material.
(c) "Any other governmental unit", as used in this Act, includes the
District of Columbia, the Commonwealth of Puerto Rico, any terri-
Damage
recovery.
Attorney
General, claims
settlement;
regulations.
Definitions.
42 USC
2000aa-7.
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94 STAT. 1882 PUBLIC LAW 96-440-OCT. 13, 1980
Effective date.
42 USC 2000aa
note.
tory or possession of the United States, and any local government,
unit of local government, or any unit of State government.
SEC. 108. The provisions of this title 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.
TITLE II-ATTORNEY GENERAL GUIDELINES
42 usC SEC. 201. (a) The Attorney General shall, within six months of date
2000aa-11. of enactment of this Act, 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 title 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.
Report to (b) The Attorney General shall collect and compile information on,
congressional and report annually to the Committees on the Judiciary of the Senate
committees. and the House of Representatives on the use of search warrants by
Federal officers and employees for documentary materials described
in subsection (a)(3).
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PUBLIC LAW 96-440-OCT. 13, 1980 94 STAT. 1883
SEC. 202. Guidelines issued by the Attorney General under this
title 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 title
may not be litigated, and a court may not entertain such an issue as
the basis for the suppression or exclusion of evidence.
Approved October 13, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96-1064 accompanying H.R. 3486 (Comm. on the Judiciary).
SENATE REPORT No. 96-874 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 4, considered and passed Senate.
Sept. 22, H.R. 3486 considered and passed House; passage vacated and S. 1790,
amended, passed in lieu.
Sept. 29, Senate agreed to conference report.
Oct. 1, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42:
Oct. 14, Presidential statement.
42 USC
2000aa-12.
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