Warrant requirement for acquisition of communications of United States persons

(a) Requirement 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: (1) Restriction The Federal Bureau of Investigation may not ingest unminimized information acquired under this section into its analytic repositories unless— (A) the targeted person is relevant to an existing, open, predicated full national security investigation by the Federal Bureau of Investigation; and (B) in the case of communications of a United States person acquired while targeting a person for an acquisition under subsection (a) who is not a United States person, if the target of the investigation is such United States person and the investigation is supported by probable cause that such United States person is a foreign power or an agent of a foreign power.. (b) Requirement Section 702 of such Act is further amended by adding at the end the following new subsection: (o) Limitations on acquisition of communications of United States persons (1) Prohibition 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— (A) 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 (B) 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. (2) Procedures and standards 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). (3) Periodic review (A) Requirement Not less frequently than once every 90 days, the Foreign Intelligence Surveillance Court shall conduct a review of the implementation of this subsection. (B) Scope of Review Each review under subparagraph (A) shall include the following: (i) An assessment of whether the ingestion, retention, query, or other use of information acquired under subsection (a) concerning a United States person is in compliance with subsection (n)(1) and paragraphs (1) and (2) of this subsection. (ii) An evaluation of the adequacy of, and the application of, the minimization and querying procedures under this section. (iii) A review of the compliance of each element of the intelligence community with respect to making such queries. (iv) An identification of any incidents of noncompliance, including the scope, duration, and remedial actions taken. (C) Report On a quarterly basis, the Court shall submit to the Speaker of the House of Representatives, the President of the Senate, the congressional intelligence committees, and the Committees on the Judiciary of the House of Representatives and the Senate a summary, in a manner consistent with the protection of classified information, of the most recent review under subparagraph (A), including with respect to significant compliance issues. (4) Savings provision 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.. (c) Use of information Paragraph (2) of section 706(a) of such Act (50 U.S.C. 1881e(a)) is amended to read as follows: (2) United States persons 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..