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Code · BILL · 118th Congress · S. 3234 (Introduced in Senate) — To implement reforms relating to foreign intelligence surveillance authorities, and for other purposes. · Sec. 201

Sec. 201. Court supervision of collection targeting United States persons and persons located inside the United States

656 words·~3 min read·/bill/118/s/3234/is/section-201

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Title VII of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 50 U.S.C. 1881 et seq. ) is amended— by striking sections 703, 704, and 705 ( 50 U.S.C. 1881b , 1881c, and 1881d); and by inserting after section 702 ( 50 U.S.C. 1881a ) the following: No officer or employee of the United States may intentionally target any United States person, regardless of location, or person reasonably believed to be located in the United States for the purpose of acquiring foreign intelligence information under circumstances in which the person has a reasonable expectation of privacy or a warrant would be required if the officer or employee sought to compel production of the information inside the United States for law enforcement purposes, unless such person is the subject of— an order or emergency authorization under section 105 or 304 of this Act covering the period of the acquisition and the acquisition is subject to the use, dissemination, querying, retention, and other minimization limitations required by such order or authorization; or a warrant issued pursuant to the Federal Rules of Criminal Procedure by a court of competent jurisdiction covering the period of the acquisition and the acquisition is subject to the use, dissemination, querying, retention, and other minimization limitations required by such warrant.
No officer or employee of the United States may intentionally target any United States person, regardless of location, or person reasonably believed to be located in the United States for the purpose of collecting foreign intelligence information through the installation and use of pen register or trap and trace device, or to acquire information the compelled production of which would require a pen register or trap and trace device order if conducted inside the United States, unless such person is the subject of— an order or emergency authorization under title IV of this Act covering the period of the acquisition and the acquisition is subject to the use, dissemination, querying, retention, and other minimization limitations required by such authorization; or an order has been issued pursuant to section 3123 of title 18, United States Code, by a court of competent jurisdiction covering the period of the acquisition.
In the event that an emergency acquisition is conducted pursuant to subsection (a)(1) or (b)(1) and the application for such emergency authorization is denied, or in any other case in which the acquisition has been conducted and no order is issued approving the acquisition— no information obtained or evidence derived from such acquisition may 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; and no information concerning any United States person or person reasonably believed to be located in the United States a may subsequently be used or disclosed in any other manner without the consent of such person, except with the approval of the Attorney General, if the information indicates a threat of death or serious bodily harm to any person.
Subsections
(a)and
(b)shall apply regardless of the location of the acquisition. . The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) is further amended— in section 601(a)(1) ( 50 U.S.C. 1871(a)(1) — by striking subparagraphs
(D)through (F); and in subparagraph (B), by striking the semicolon and inserting ; or ; in section 603(b)(1) ( 50 U.S.C. 1873(b)(1) ), in the matter before subparagraph (A), by striking and sections 703 and 704 ; and in section 706 ( 50 U.S.C. 1881e ), by striking subsection (b). The table of contents for such Act is amended— by striking the items relating to sections 703, 704, and 705; and by inserting after the item relating to section 702 the following: Sec. 703. Acquisitions targeting United States persons and persons located inside the United States. .
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