S.Amdt. 1443

1. Adds SEC. ___. REQUIREMENT OF NOTICE TO DEFENDANTS wherever appropriate

   Adds a section

   Inserted: SEC. ___. REQUIREMENT OF NOTICE TO DEFENDANTS.

   Inserted: (a) In General.--

   Inserted: (1) Electronic surveillance.--Section 106 (50 U.S.C. 1806) is amended by striking subsections (c) and (d) and inserting the following:

   Inserted: "(c)(1) Whenever the Government initiates a proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against a person, the Government shall notify the person and the court or authority of--

   Inserted: "(A) each title of this Act the Government relied on to obtain the communications of the person or information about the communications or activities of the person, which contributed in any manner to the investigation of the person; and

   Inserted: "(B) each type of communication or information obtained under this Act, as described in the order or directive relied upon to obtain the communication or information.

   Inserted: "(2) The Government shall provide the notification required under paragraph (1) before or within a reasonable time after the commencement of the proceeding.

   Inserted: "(d) The notification requirement under subsection (c) shall apply to any State or political subdivision thereof whenever the State or political subdivision initiates a proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the State or political subdivision against a person, in the same manner such subsection applies to the Government in connection with a proceeding against a person.".

   Inserted: (2) Physical searches.--Section 305 (50 U.S.C. 1825) is amended by striking subsections (d) and (e) and inserting the following:

   Inserted: "(d)(1) Whenever the Government initiates a proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against a person, the Government shall notify the person and the court or authority of--

   Inserted: "(A) each title of this Act the Government relied on to obtain the communications of the person or information about the communications or activities of the person, which contributed in any manner to the investigation of the person; and

   Inserted: "(B) each type of communication or information obtained under this Act, as described in the order or directive relied upon to obtain the communication or information.

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   Inserted: "(2) The Government shall provide the notification required under paragraph (1) before or within a reasonable time after the commencement of the proceeding.

   Inserted: "(e) The notification requirement under subsection (d) shall apply to any State or political subdivision thereof whenever the State or political subdivision initiates a proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the State or political subdivision against a person, in the same manner such subsection applies to the Government in connection with a proceeding against a person.".

   Inserted: (3) Pen register and trap and trace devices.--Section 405 (50 U.S.C. 1845) is amended by striking subsections (c) and (d) and inserting the following:

   Inserted: "(c)(1) Whenever the Government initiates a proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against a person, the Government shall notify the person and the court or authority of--

   Inserted: "(A) each title of this Act the Government relied on to obtain the communications of the person or information about the communications or activities of the person, which contributed in any manner to the investigation of the person; and

   Inserted: "(B) each type of communication or information obtained under this Act, as described in the order or directive relied upon to obtain the communication or information.

   Inserted: "(2) The Government shall provide the notification required under paragraph (1) before or within a reasonable time after the commencement of the proceeding.

   Inserted: "(d) The notification requirement under subsection (c) shall apply to any State or political subdivision thereof whenever the State or political subdivision initiates a proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the State or political subdivision against a person, in the same manner such subsection applies to the Government in connection with a proceeding against a person.".

   Inserted: (b) Tangible Things.--Section 501 (50 U.S.C. 1861), as amended by section 107 of this Act, is amended by adding at the end the following:

   Inserted: "(l) Suppression of Evidence.--

   Inserted: "(1) Motion to suppress.--

   Inserted: "(A) In general.--Any person against whom evidence obtained or derived from the production of tangible things under this title 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 the production of the communications of the person or information about the communications or activities of the person on the grounds that--

   Inserted: "(i) the information was unlawfully acquired; or

   Inserted: "(ii) the production was not made in accordance with an order of authorization or approval.

   Inserted: "(B) Timing.--A motion described in subparagraph (A) shall be made before the trial, hearing, or other proceeding commences, unless there was no opportunity to make such a motion or the person was not aware of the grounds of the motion.

   Inserted: "(2) In camera and ex parte review by court.--

   Inserted: "(A) Definition.--In this paragraph, the term 'covered circumstance' means--

   Inserted: "(i) that--

   Inserted: "(I) a court or authority receives a notice under subsection (c) or (d) of section 106, subsection (d) or (e) of section 305, or subsection (c) or (d) of section 405 that relates to the production of tangible things under this title;

   Inserted: "(II) a motion is made under paragraph (1) of this subsection; or

   Inserted: "(III) a motion or request is made by a person under any other statute or rule of the United States or any State before a court or authority of the United States or any State to--

   Inserted: "(aa) discover or obtain applications or orders or other materials relating to the production of tangible things under this title; or

   Inserted: "(bb) discover, obtain, or suppress evidence or information obtained or derived from the production of tangible things under this title; and

   Inserted: "(ii) that the Attorney General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States.

   Inserted: "(B) Authority.--In a covered circumstance, the applicable district court of the United States, or if notice is given to or the motion is made before another authority, the district court of the United States in the same judicial district as the authority, shall review in camera and ex parte the application, order, and such other materials relating to the production of tangible things under this title as may be necessary to determine whether the production was lawfully authorized and conducted.

   Inserted: "(C) Disclosure.--In making a determination under subparagraph (B), the court may disclose to the applicable person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the production only if such disclosure would aid the court in making an accurate determination of the legality of the surveillance.

   Inserted: "(3) Suppression of evidence; denial of motion.--If a district court of the United States determines under paragraph (2) that the production of tangible things under this title was not lawfully authorized or conducted, the court shall, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from the production or otherwise grant the motion of the movant. If the court determines that the production was lawfully authorized and conducted, it shall deny the motion of the movant except to the extent that due process requires discovery or disclosure.

   Inserted: "(4) Finality of orders.--An order granting a motion or request under paragraph (3), a determination under this subsection that the production of tangible things under this title was not lawfully authorized or conducted, and an order of a district court of the United States requiring review or granting disclosure of an application, order, or other material relating to the production of tangible things under this title shall be a final order and binding upon all courts of the United States and the several States, except a United States court of appeals and the Supreme Court of the United States.

   Inserted: "(5) Destruction of unlawfully obtained evidence.--If a district court of the United States determines under paragraph (2) that the production of tangible things under this title was not lawfully authorized or conducted, the determination is a final order under paragraph (4), and the district court finds there is no reason to believe that destruction may endanger the national security of the United States, interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person, the Government shall destroy all copies of the tangible things produced under this title in the possession of the Government by not later than 30 days after the date of issuance of the final court order.".

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   Original wording

   At the appropriate place, insert the following:

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As printed