Title 42 — The Public Health and WelfareRelease 119-73

§2000aa–11 Guidelines for Federal officers and employees

Title 42 › Chapter CHAPTER 21A— - PRIVACY PROTECTION › Subchapter SUBCHAPTER II— - ATTORNEY GENERAL GUIDELINES › § 2000aa–11

Last updated Apr 6, 2026|Official source

Summary

The Attorney General must, within six months of October 13, 1980, make rules for how federal officers and employees may obtain private documents from people who are not suspects and when the documents are not illegal or crime-related. The rules must protect the person’s privacy, require the least intrusive way to get the documents, give special care when a search would break a known confidential relationship (for example, clergy-parishioner, lawyer-client, or doctor-patient), and require a government lawyer to approve warrant requests. In an emergency, another supervisor may approve, but the appropriate United States Attorney must be told within 24 hours. The Attorney General must also gather information and send a yearly report to the Senate and House Judiciary Committees about how these warrants are used in cases involving confidential relationships.

Full Legal Text

Title 42, §2000aa–11

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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).

Reference

Citations & Metadata

Citation

42 U.S.C. § 2000aa–11

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73