Sec. 104. Prohibition on reverse targeting of United States persons and persons located in the United States
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/bill/118/s/3234/is/section-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ), as amended by section 101, is further amended— in subsection (b)(2)— by striking may not intentionally and inserting the following “may not— intentionally ; in subparagraph (A), as designated by subparagraph
(A)of this paragraph, by striking if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States; and inserting the following: “if a significant purpose of such acquisition is to acquire the information of 1 or more United States persons or persons reasonably believed to be located in the United States at the time of acquisition or communication, unless— there is a reasonable belief that an emergency exists involving an imminent threat of death or serious bodily harm to such United States person or person reasonably believed to be located in the United States at the time of the query or the time of acquisition or communication; the information is sought for the purpose of assisting that person; and a description of the targeting is provided to the Foreign Intelligence Surveillance Court and the appropriate committees of Congress in a timely manner; or the United States person or persons reasonably believed to be located in the United States at the time of acquisition or communication has provided consent to the targeting, or if such person is incapable of providing consent, a third party legally authorized to consent on behalf of such person has provided consent; and in the case of information acquired pursuant to subparagraph (A)(i) or evidence derived from such targeting, be used, received in evidence, or otherwise disseminated in any investigation, 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 subdivision thereof, except in proceedings or investigations that arise from the threat that prompted the targeting; ; in subsection (d)(1), by amending subparagraph
(A)to read as follows: ensure that— any acquisition authorized under subsection
(a)is limited to targeting persons reasonably believed to be non-United States persons located outside the United States; and except as provided in subsection (b)(2), a significant purpose of an acquisition is not to acquire the information of 1 or more United States persons or persons reasonably believed to be in the United States at the time of acquisition or communication; and ; in subsection (h)(2)(A)(i), by amending subclause
(I)to read as follows: ensure that— an acquisition authorized under subsection
(a)is limited to targeting persons reasonably believed to be non-United States persons located outside the United States; and except as provided in subsection (b)(2), a significant purpose of an acquisition is not to acquire the information of 1 or more United States persons or persons reasonably believed to be in the United States at the time of acquisition or communication; and ; and in subsection (j)(2)(B), by amending clause
(i)to read as follows: ensure that— an acquisition authorized under subsection
(a)is limited to targeting persons reasonably believed to be non-United States persons located outside the United States; and except as provided in subsection (b)(2), a significant purpose of an acquisition is not to acquire the information of 1 or more United States persons or persons reasonably believed to be in the United States at the time of acquisition or communication; and .
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Sec. 104
Prohibition on reverse targeting of United States persons and persons located in the United States
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