Foreign Intelligence Surveillance Act

(k) Coordination with law enforcement on na- tional security matters (1) Federal officers who conduct electronic surveillance to acquire foreign intelligence in- formation under this subchapter may consult with Federal law enforcement officers or law en- forcement personnel of a State or political sub- division of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or politi- cal subdivision) to coordinate efforts to inves- tigate or protect against— (A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; (B) sabotage, international terrorism, or the international proliferation of weapons of mass destruction by a foreign power or an agent of a foreign power; or (C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power.

No information acquired from an electronic surveillance pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.

(f) In camera and ex parte review by district court Whenever a court or other authority is noti- fied pursuant to subsection (c) or (d), or when- ever 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 relat- ing to electronic surveillance or to discover, ob- tain, or suppress evidence or information ob- tained or derived from electronic surveillance under this chapter, the United States district court or, where the motion is made before an- other authority, the United States district court in the same district as the authority, shall, not- withstanding any other law, if the Attorney General files an affidavit under oath that disclo- sure or an adversary hearing would harm the na- tional security of the United States, review in camera and ex parte the application, order, and such other materials relating to the surveillance as may be necessary to determine whether the surveillance of the aggrieved person was law- fully authorized and conducted.

In making this determination, the court may disclose to the ag- grieved person, under appropriate security pro- cedures and protective orders, portions of the application, order, or other materials relating to the surveillance only where such disclosure is necessary to make an accurate determination of the legality of the surveillance.

(g) Suppression of evidence; denial of motion If the United States district court pursuant to subsection (f) determines that the surveillance 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 electronic surveillance of the aggrieved person or otherwise grant the motion of the aggrieved person.

L. 106–567, title VI, § 604(b), Dec. 27, 2000, 114 Stat. 2853, provided that: ‘‘(1) The Attorney General shall submit to the appro- priate committees of Congress a report on the authori- ties and procedures utilized by the Department of Jus- tice for determining whether or not to disclose infor- mation acquired under the Foreign Intelligence Sur- veillance Act of 1978 (50 U.S.C. 1801 et seq.) for law en- forcement purposes. ‘‘(2) In this subsection, the term ‘appropriate com- mittees of Congress’ means the following: ‘‘(A) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate. ‘‘(B) The Permanent Select Committee on Intel- ligence and the Committee on the Judiciary of the House of Representatives.’’ § 1807.

(h) Binding final orders Orders granting motions or requests under subsection (g), decisions under this section that the use of a pen register or trap and trace device was not lawfully authorized or conducted, and orders of the United States district court requir- ing review or granting disclosure of applica- tions, orders, or other materials relating to the installation and use of a pen register or trap and trace device shall be final orders and binding upon all courts of the United States and the sev- eral States except a United States Court of Ap- peals or the Supreme Court.

L. 107–56, § 214(b)(1), sub- stituted ‘‘foreign intelligence information not concern- ing a United States person or information to protect against international terrorism or clandestine intel- ligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution’’ for ‘‘foreign intelligence information or information concerning international terrorism’’ in introductory provisions.

L. 107–56, § 214(b)(2), substituted ‘‘foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence ac- tivities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Con- stitution’’ for ‘‘foreign intelligence information or in- formation concerning international terrorism’’.

(2) In the event that an application for an order applied for under subsection (a)(2) is de- nied, or in any other case where the installation and use of a pen register or trap and trace device under this section is terminated and no order under section 1842 of this title is issued approv- ing the installation and use of the pen register or trap and trace device, as the case may be, no information obtained or evidence derived from the use of the pen register or trap and trace de- vice, as the case may be, shall be received in evi- dence or otherwise disclosed in any trial, hear- ing, or other proceeding in or before any court, grand jury, department, office, agency, regu- latory body, legislative committee, or other au- thority of the United States, a State, or politi- cal subdivision thereof, and no information con- cerning any United States person acquired from the use of the pen register or trap and trace de- vice, as the case may be, shall subsequently be used or disclosed in any other manner by Fed- eral officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(2) No information acquired from a pen reg- ister or trap and trace device installed and used pursuant to this subchapter may be used or dis- closed by Federal officers or employees except for lawful purposes.

(c) Notification of intended disclosure by United States 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, officer, agency, regu- latory body, or other authority of the United States against an aggrieved person any informa- tion obtained or derived from the use of a pen register or trap and trace device pursuant to this subchapter, the United States shall, before the trial, hearing, or the other proceeding or at a reasonable time before an effort to so disclose or so use that information or submit it in evi- dence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such informa- tion.

(1) which read as follows: ‘‘the President has authorized the Attorney General to approve applications for physical searches for foreign intelligence purposes;’’.

If the court determines that the physical 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.

(k) Coordination with law enforcement on na- tional security matters (1) Federal officers who conduct physical searches to acquire foreign intelligence informa- tion under this subchapter may consult with Federal law enforcement officers or law enforce- ment personnel of a State or political subdivi- sion of a State (including the chief executive of- ficer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or politi- cal subdivision) to coordinate efforts to inves- tigate or protect against— (A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; (B) sabotage, international terrorism, or the international proliferation of weapons of mass destruction by a foreign power or an agent of a foreign power; or (C) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power.

L. 107–56, § 207(a)(2), sub- stituted ‘‘90 days,’’ for ‘‘forty-five days,’’ and inserted ‘‘(A)’’ after ‘‘except that’’ and ‘‘, and (B) an order under this section for a physical search targeted against an agent of a foreign power as defined in section 1801(b)(1)(A) of this title may be for the period specified in the application or for 120 days, whichever is less’’ be- fore period at end.

On a semiannual basis the Attorney General shall also provide to those committees a report setting forth with respect to the preceding six-month period— (1) the total number of applications made for orders approving physical searches under this subchapter; (2) the total number of such orders either granted, modified, or denied; (3) the number of physical searches which in- volved searches of the residences, offices, or personal property of United States persons, and the number of occasions, if any, where the Attorney General provided notice pursuant to section 1825(b) of this title; and (4) the total number of emergency physical searches authorized by the Attorney General under section 1824(e) of this title and the total number of subsequent orders approving or de- nying such physical searches.

(5) In the event that such application for ap- proval is denied, or in any other case where the physical search is terminated and no order is is- sued approving the physical search, no informa- tion obtained or evidence derived from such physical search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political sub- division thereof, and no information concerning any United States person acquired from such physical search shall subsequently be used or disclosed in any other manner by Federal offi- cers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.