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Library of Congress Summary
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
Intelligence Search Procedures Act - Authorizes: (1) applications for a court order for a physical search of certain premises, property, information, or material of a foreign agent or power under the Foreign Intelligence Surveillance Act of 1978 if the President has, in writing, empowered the Attorney General to approve applications to the Foreign Intelligence Surveillance Court; and (2) a judge of such court to whom application is made to grant an order approving such a search in the United States. Grants jurisdiction to such Court to hear applications for, and grant orders approving, physical searches for the purpose of obtaining foreign intelligence information anywhere within the United States. Bars judges from hearing the same application which has been denied previously by another judge. Requires judges denying applications to provide a written statement for the record of each reason for such decision and, on motion of the United States, to transmit such record to the Court of Review. Grants jurisdiction to the Court of Review to review application denials. Sets forth application procedures for such an order. Requires the approval of the Attorney General based upon a finding that such application satisfies specified criteria and requirements, including: (1) the identity, if known, or a description of the target of the search; (2) the identity of the Federal officer making the application and a detailed description of the premises to be searched and of the information, material, or property to be seized; (3) a statement of the facts and circumstances relied upon to justify the applicant's belief that the target is a foreign agent or power, the premises contains foreign intelligence information, and the premises or property is owned, used, or possessed by, or is in transit to or from, a foreign power or agent; and (4) a statement that the purpose of the search is to obtain foreign intelligence information. Sets forth criteria for the judge to consider before entering an ex parte order authorizing such a search, including whether: (1) the application has been made by a Federal officer and approved by the Attorney General; and (2) there is probable cause that the target of the search is a foreign agent or power, the premises to be searched is used by such agent or power, and such search can reasonably be expected to yield foreign intelligence information which cannot reasonably be obtained by normal investigative means. Requires an order approving such a search to: (1) specify the Federal officers authorized to conduct the search and the identity, if known, or a description of the target of the search, the premises to be searched, the type of foreign intelligence information sought to be acquired, and a statement of the manner in which such search is to be conducted; and (2) direct that minimization procedures be followed, that the search be undertaken within a specified time frame, and that the Federal officer conducting the search promptly report to the court the circumstances and results of such search. Authorizes such judge, at any time after a search has been carried out, to assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. Requires: (1) applications made and orders granted to be retained for at least ten years; and (2) the Attorney General, within 60 days after a search, to provide the target of the search with an inventory including specified information concerning any search authorized and any material seized. Restricts the use and disclosure of information acquired from such a search. Prohibits disclosure of such information for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General. Requires: (1) the United States or any State or political subdivision thereof in any trial, hearing, or proceeding to notify the aggrieved person and the court or other authority of intent to disclose or use such information; and (2) such person to be afforded the opportunity to move to suppress the evidence obtained or derived from such search on the grounds that the information was unlawfully acquired or the search was not made in conformity with an order of authorization or approval. Establishes procedures for a court to rule on such motions to suppress. Requires the Attorney General to transmit to the Congress each April a report setting forth the total number of applications for orders approving physical searches under this Act and the total number of orders granted, modified, or denied. Directs the Attorney General, semiannually, to inform the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence concerning all physical searches conducted under this Act and specified other searches conducted in the United States for foreign intelligence purposes. Specifies that whenever a search which is not a physical search as defined in this Act is conducted without a court order to obtain foreign intelligence solely because the existence of exigent circumstances would not require a warrant for law enforcement purposes, a full report of such search, including a description of the exigent circumstances, shall be maintained by the Attorney General and transmitted to the Foreign Intelligence Surveillance Court promptly after the search is conducted. Specifies that: (1) the procedures contained in this Act shall be the exclusive means by which a physical search may be conducted in the United States for foreign intelligence purposes; and (2) an order issued under this Act authorizing such a search shall constitute a search warrant authorized by law for purposes of any other law. Restricts specified other searches to those conducted pursuant to regulations issued by the Attorney General. Requires that such regulations, and any changes thereto, be provided to the House and Senate intelligence committees at least 60 days prior to their taking effect. Deems any regulations regarding such searches which were in effect as of June 1, 1990, to be regulations required by this Act. Sets penalties of up to $10,000 and five years' imprisonment for intentionally: (1) conducting a physical search for purposes of obtaining foreign intelligence information, except as authorized by law; or (2) disclosing or using information knowingly obtained through a physical search in the United States conducted for the purpose of obtaining foreign intelligence information not authorized by law. Establishes as a defense to such a prosecution that the defendant was a law enforcement or investigative officer engaged in the course of official duties and the physical search was authorized by and conducted pursuant to a search warrant or order of a court of competent jurisdiction. Grants Federal jurisdiction over such an offense if the person committing the offense was an officer or employer of the United States at the time the offense was committed. Authorizes an aggrieved person, other than a foreign agent or power, whose premises have been subjected to a physical search or about whom information obtained by such a search has been disclosed or used in violation of this Act to sue any person who committed such violation and recover actual damages, punitive damages, and reasonable attorney's fees and other investigative and litigation costs reasonably incurred. Defines "physical search" as any physical intrusion into premises or property (including examination of the interior of property by technical means) or any seizure, reproduction, or alteration of information, material, or property under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, but excluding electronic surveillance.
House Republican Conference Summary
The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.
No summary available.
House Democratic Caucus Summary
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