Sec. 2. Warrant requirement for targeting for acquisition communications of United States persons
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Paragraph
(1)of subsection
(n)of section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ) is amended to read as follows: The Federal Bureau of Investigation may not ingest unminimized information acquired under this section into its analytic repositories unless the targeted person is relevant to an existing, open, predicated full national security investigation by the Federal Bureau of Investigation. If the subject of such predicated, full national security investigation is a United States person, for purposes of this paragraph, the investigation must be supported by probable cause. . Section 702 of such Act is further amended by adding at the end the following new subsection: Pursuant to subsection (b), no officer or employee of the United States Government may intentionally target for acquisition the communications of a United States person pursuant to an authorization issued under subsection (a). Pursuant to other provisions of this Act and the Federal Rules of Criminal Procedure, the Government may seek a warrant or other appropriate order supported by a probable cause showing to target for collection the communications of a United States person if there exists probable cause that the United States person to whom such communications relate— is a foreign power or an agent of foreign power, in which circumstances the Government may seek authorization for electronic surveillance in accordance with title I, a physical search in accordance with title III, or for acquisitions in accordance with section 703, 704, or 705; or is committing or has committed a crime, in which circumstances the Government may seek a warrant issued pursuant to the Federal Rules of Criminal Procedure by a court of competent jurisdiction. The Attorney General and the Director of National Intelligence shall jointly establish procedures and standards for officers and employees of the United States Government to determine the existence of probable cause described in paragraph (1). Nothing in this subsection shall be construed to limit the authority of the Government under any applicable laws or the Constitution of the United States. . Paragraph
(2)of section 706(a) of such Act ( 50 U.S.C. 1881e(a) ) is amended to read as follows: Any information concerning a United States person acquired under section 702 may not be used in evidence against that United States person pursuant to paragraph
(1)in any criminal proceeding if such information was acquired in violation of subsection
(o)of such section. .
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Sec. 2
Warrant requirement for targeting for acquisition communications of United States persons
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