Page:United States Statutes at Large Volume 108 Part 4.djvu/809

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^sj^W»- PUBLIC LAW 103-359—OCT. 14, 1994 108 STAT. 3443 SEC. 807. PROVIDING A COURT ORDER PROCESS FOR PHYSICAL SEARCHES UNDERTAKEN FOR FOREIGN INTELLIGENCE PURPOSES. (a) AMENDMENT OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.—The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended— (1) by redesignating title III as title IV and section 301 50 USC 1801 as section 401, respectively; "°**' (2) in section 401 (as so redesignated) by inserting "(other than title III)" sifter "provisions of this Act"; and (3) by inserting after title II the following new title: "TITLE III —PHYSICAL SEARCHES WITH- IN THE UNITED STATES FOR FOREIGN INTELLIGENCE PURPOSES "DEFINITIONS "SEC 301. As used in this title: 50 USC 1821. "(1) The terms 'foreign power', 'agent of a foreign power', 'international terrorism', 'sabotage', 'foreign intelligence information', 'Attorney General', 'United States person', 'United States', 'person', and 'State' shall have the same meanings as in section 101 of this Act, except as specifically provided by this title. "(2) 'Aggrieved person' means a person whose premises, property, information, or material is the target of physical search or any other person whose premises, property, information, or material was subject to physical search, "(3) 'Foreign Intelligence Surveillance Court' means the court established by section 103(a) of this Act. "(4) 'Minimization procedures' with respect to physical search, means— "(A) specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purposes and technique of the particular physical search, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; "(B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1) of this Act, shall not be disseminated in a manner that identifies any United States person, without such person's consent, unless such person's identity is necessary to understand such foreign intelligence information or assess its importance; "(C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes; and