Sec. 104. Prohibition on reverse targeting of United States persons and persons located in the United States
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/bill/118/s/3961/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 ) is amended— in subsection (b)(2)— by striking may not intentionally and inserting the following: “may not— intentionally ; and 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 target 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; the information is necessary to mitigate that threat; a description of the targeting is provided to the Foreign Intelligence Surveillance Court, the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives in a timely manner; and any information acquired from such targeting is used, received in evidence, or otherwise disseminated solely in an investigation by or in a trial, hearing, or other proceeding in or before a court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, that arises from the threat that prompted the targeting; 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; ; 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), targeting 1 or more United States persons or persons reasonably believed to be in the United States at the time of acquisition or communication is not a significant purpose of an acquisition; 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 target 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 target 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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