Sec. 102. Use and disclosure provisions
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Section 706(a) ( 50 U.S.C. 1881e(a) ) is amended— by striking Information acquired and inserting the following: Information acquired ; and by adding at the end the following: Any information concerning a United States person acquired under section 702 shall not be used in evidence against that United States person pursuant to paragraph
(1)in any criminal proceeding unless— the Federal Bureau of Investigation obtained an order of the Foreign Intelligence Surveillance Court to access such information pursuant to section 702(f)(2); or the Attorney General determines that— the criminal proceeding affects, involves, or is related to the national security of the United States; or the criminal proceeding involves— death; kidnapping; serious bodily injury, as defined in section 1365 of title 18, United States Code; conduct that constitutes a criminal offense that is a specified offense against a minor, as defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 ( 34 U.S.C. 20911 ); incapacitation or destruction of critical infrastructure, as defined in section 1016(e) of the USA PATRIOT Act ( 42 U.S.C. 5195c(e) ); cybersecurity, including conduct described in section 1016(e) of the USA PATRIOT Act ( 42 U.S.C. 5195c(e) ) or section 1029, 1030, or 2511 of title 18, United States Code; transnational crime, including transnational narcotics trafficking and transnational organized crime; or human trafficking. A determination by the Attorney General under subparagraph (A)(ii) is not subject to judicial review. . Section 603 ( 50 U.S.C. 1873 ) is amended— in subsection (b)— in paragraph (1), by striking good faith estimate of the number of targets of such orders; and inserting the following: “good faith estimate of— the number of targets of such orders; the number of targets of such orders who are known to not be United States persons; and the number of targets of such orders who are known to be United States persons; ; in paragraph (2)— in the matter preceding subparagraph (A), by inserting , including pursuant to subsection (f)(2) of such section, after section 702 ; by redesignating subparagraphs
(A)and
(B)as subparagraphs
(B)and (C), respectively; by inserting before subparagraph (B), as so redesignated, the following: the number of targets of such orders; ; in subparagraph (B), as so redesignated, by striking and at the end; and by adding at the end the following: the number of instances in which the Federal Bureau of Investigation opened, under the Criminal Investigative Division or any successor division, an investigation of a United States person (who is not considered a threat to national security) based wholly or in part on an acquisition authorized under such section; ; in paragraph (3)(A), by striking orders; and and inserting the following: “orders, including— the number of targets of such orders who are known to not be United States persons; and the number of targets of such orders who are known to be United States persons; and ; by redesignating paragraphs (4), (5), and
(6)as paragraphs (5), (6), and (7), respectively; and by inserting after paragraph
(3)the following: the number of criminal proceedings in which the United States or a State or political subdivision thereof provided notice pursuant to subsection
(c)or
(d)of section 106 (including with respect to information acquired from an acquisition conducted under section 702) or subsection
(d)or
(e)of section 305 of the intent of the government to enter into evidence or otherwise use or disclose any information obtained or derived from electronic surveillance, physical search, or an acquisition conducted pursuant to this Act; ; and in subsection (d)— in paragraph (1), by striking (4), or
(5)and inserting (5), or
(6); in paragraph (2)(A)— by striking Paragraphs (2)(A), (2)(B), and (5)(C) and inserting Paragraphs (2)(B), (2)(C), and (6)(C) ; and by inserting before the period at the end the following: , except with respect to information required under paragraph
(2)relating to orders issued under section 702(f)(2) ; and in paragraph (3)(A), in the matter preceding clause (i), by striking subsection (b)(2)(B) and inserting subsection (b)(2)(C) .
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