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‘‘(d) Application made and orders granted under this
title shall be retained for a period of at least ten years from
the date of the application.
‘‘(e) Not more than 60 days after a physical search
of the residence of a United States person authorized by
this title, or such a search in the circumstances described
in section 406(b), has been conducted, the Attorney General
shall provide the United States person with an inventory
which shall include—
‘‘(1) existence or not of a court order authorizing
the physical search and the date of the order;
‘‘(2) the date of the physical search and an iden-
tification of the premises or property searched; and
‘‘(3) a list of any information, material, or
property seized, altered, or reproduced.
‘‘(f) On an ex parte showing of good cause by the Attor-
ney General to a judge of the Foreign Intelligence Surveil-
lance Court the provision of the inventory required by sub-
section (e) may be postponed for a period not to exceed 90
days. At the end of such period the provision of the inven-
tory may, upon a similar showing, be postponed indefi-
nitely. The denial of a request for such postponements may
be reviewed as provided in section 401.
‘‘USE OF INFORMATION
‘‘SEC. 404. (a) Information acquired from a physical
search conducted pursuant to this title concerning any
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United States person may be used and disclosed by Federal
officers and employees without the consent of the United
States person only in accordance with the minimization
procedures required by this title. No information acquired
from a physical search pursuant to this title may be used
or disclosed by Federal officers or employees except for law-
ful purposes.
‘‘(b) No information acquired pursuant to this title
shall be disclosed for law enforcement purposes unless such
disclosure is accompanied by a statement that such infor-
mation, or any information derived therefrom, may only
be used in a criminal proceeding with the advance author-
ization of the Attorney General.
‘‘(c) Whenever the United States intends to enter into
evidence or otherwise use or disclose in any trial, hearing,
or other proceeding in or before any court, department, offi-
cer, agency, regulatory body, or other authority of the Unit-
ed States, against an aggrieved person, any information ob-
tained or derived from a physical search of the premises
or property of that aggrieved person pursuant to the author-
ity of this title, the United States shall, prior to the trial,
hearing, or the other proceeding or at a reasonable time
prior to an effort to so disclose or so use that information
or submit it in evidence, notify the aggrieved person and
the court or other authority in which the information is
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to be disclosed or used that the United States intends to
so disclose or so use such information.
‘‘(d) Whenever any State or political subdivision there-
of intends to enter into evidence or otherwise use of disclose
in any trial, hearing, or other proceeding in or before any
court, department, officer, agency, regulatory body, or other
authority of a State or a political subdivision thereof
against an aggrieved person any information obtained or
derived from a physical search of the premises or property
of that aggrieved person pursuant to the authority of this
title, the State or political subdivision thereof shall notify
the aggrieved person, the court or other authority in which
the information is to be disclosed or used, and the Attorney
General that the State or political subdivision thereof in-
tends to so disclose or so use such information.
‘‘(e) Any person against whom evidence obtained or
derived from a physical search to which he is an aggrieved
person is to be, or has been, introduced or otherwise used
or disclosed in any trial, hearing, or other proceeding in
or before any court, department, officer, agency, regulatory
body, or other authority of the United States, a State, or
a political subdivision thereof, may move to suppress the
evidence obtained or derived from such search on the
grounds that—
‘‘(1) the information was unlawfully acquired; or
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‘‘(2) the physical search was not made in con-
formity with an order of authorization or approval.
Such a motion shall be made before the trial, hearing, or
other proceeding unless there was no opportunity to make
such a motion or the person was not aware of the grounds
of the motion.
‘‘(f) Whenever a court of other authority is notified
pursuant to subsection (c) or (d), or whenever a motion is
made pursuant to subsection (e), or whenever any motion
or request is made by an aggrieved person pursuant to any
other statute or rule of the United States or any State before
any court or other authority of the United States or any
State to discover or obtain applications or orders or other
materials relating to a physical search authorized by this
title or to discover, obtain, or suppress evidence or informa-
tion obtained or derived from a physical search authorized
by this title, the United States district court or, where the
motion is made before another authority, the United States
district court in the same district as the authority shall,
notwithstanding any other law, if the Attorney General files
an affidavit under oath that disclosure or an adversary
hearing would harm the national security of the United
States, review in camera and ex parte the application,
order, and such other materials relating to the physical
search as may be necessary to determine whether the phys-
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ical search of the aggrieved person was lawfully authorized
and conducted. In making this determination, the court
may disclose to the aggrieved person, under appropriate se-
curity procedures and protective orders, portions of the ap-
plication, order, or other materials relating to the physical
search only where such disclosure is necessary to make an
accurate determination of the legality of the physical search.
‘‘(g) If the United States district court pursuant to
subsection (f) determines that the physical search was not
lawfully authorized or conducted, it shall, in accordance
with the requirements of law, suppress the evidence which
was unlawfully obtained or derived from the physical search
of the aggrieved person or otherwise grant the motion of
the aggrieved person. If the court determines that the phys-
ical search was lawfully authorized or conducted, it shall
deny the motion of the aggrieved person except to the extent
that due process requires discovery or disclosure.
‘‘(h) Orders granting motions or requests under sub-
section (g), decisions under this section that a physical
search was not lawfully authorized or conducted, and orders
of the United States district court requiring review or
granting disclosure of applications, orders or other mate-
rials relating to the physical search shall be final orders
and binding upon all courts of the United States and the
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several States except a United States court of appeals and
the Supreme Court.
‘‘(i) The provisions of this section regarding the use
or disclosure of information obtained or derived from a
physical search shall apply to information obtained or de-
rived from a search conducted without a court order to ob-
tain foreign intelligence information which is not a phys-
ical search as defined in this title solely because the exist-
ence of exigent circumstances would not require a warrant
for law enforcement purposes.
‘‘OVERSIGHT
‘‘SEC. 405. (a) On a semiannual basis the Attorney
General shall fully inform the House Permanent Select
Committee on Intelligence and the Senate Select Committee
on Intelligence concerning all physical searches conducted
pursuant to this title, and all other searches, except those
reported under section 108 of this Act, conducted in the
United States for foreign intelligence purposes. On an an-
nual basis the Attorney General shall also provide to those
committees a report setting forth with respect to the preced-
ing calendar year—
‘‘(1) the total number of applications made for
orders approving physical searches under this title;
and
‘‘(2) the total number of such orders either grant-
ed, modified, or denied.
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‘‘(b) Whenever a search is conducted without a court
order to obtain foreign intelligence information which is not
a physical search as defined in this title solely because the
existence of exigent circumstances would not require a war-
rant for law enforcement purposes, a full report of such
search, including a description of the exigent circumstances,
shall be maintained by the Attorney General. Each such
report shall be transmitted to the Foreign Intelligence Sur-
veillance Court promptly after the search is conducted.
‘‘AUTHORITY FOR INTELLIGENCE SEARCHES
‘‘SEC. 406. (a) The procedures contained in this title
shall be the exclusive means by which a physical search,
as defined in this title, may be conducted in the United
States for foreign intelligence purposes, and an order issued
under this title authorizing a physical search shall con-
stitute a search warrant authorized by law for purposes of
any other law.
‘‘(b) Searches conducted in the United States to collect
foreign intelligence information, other than physical
searches as defined in this title and electronic surveillance
as defined in this Act, and physical searches conducted in
the United States without a court order to collect foreign
intelligence information may be conducted only pursuant
to regulations issued by the Attorney General. Such regula-
tions, and any changes thereto, shall be provided to the Se-
lect Committee on Intelligence of the Senate and the Perma-
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nent Select Committee on Intelligence of the House of Rep-
resentatives at least 14 days prior to the taking effect. Any
regulations issued by the Attorney General regarding such
searches which were in effect as of June 1, 1990, shall be
deemed to be regulations required by this subsection.
‘‘PENALTIES
‘‘SEC. 407. (a) OFFENSE.—A person is guilty of an
offense if he intentionally—
‘‘(1) under color of law for the purpose of obtain-
ing foreign intelligence information, engages in phys-
ical search within the United States except as author-
ized 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 in-
formation was obtained through physical search not
authorized by statute, for the purpose of obtaining in-
telligence information.
‘‘(b) DEFENSE.—It is a defense to a prosecution under
subsection (a) that the defendant was a law enforcement
or investigative officer engaged in the course of his official
duties and the physical search was authorized by and con-
ducted pursuant to a search warrant or court order of a
court of competent jurisdiction.