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

(a) In general Title VII of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881 et seq.) is amended— (1) by striking sections 703, 704, and 705 (50 U.S.C. 1881b, 1881c, and 1881d); and (2) by inserting after section 702 (50 U.S.C. 1881a) the following: 703. Acquisitions targeting United States persons and persons located inside the United States (a) Warrant requirement No officer or employee of the Federal Government may intentionally target a covered person for the purpose of acquiring foreign intelligence information, where such acquisition would be of communications content, location information, web browsing history, or internet search history of the covered person, or the acquisition would occur under circumstances in which the person has a reasonable expectation of privacy, or a warrant would be required for the acquisition of such information 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— (1) 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 (2) 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. (b) Pen register or trap and trace No officer or employee of the Federal Government may intentionally target a covered person for the purpose of collecting foreign intelligence information through the installation and use of a 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— (1) 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 (2) 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. (c) Matters relating to emergency acquisition If an acquisition is conducted pursuant to an emergency authorization described in subsection (a)(1) or (b)(1) and the subsequent application to authorize electronic surveillance, a physical search, an acquisition, or the installation and use of a pen register or trap and trace device pursuant to section 105(e), 304(e), or 403(a) of this Act is denied, or in any other case in which the acquisition has been conducted and no order is issued approving the acquisition— (1) 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 (2) no information obtained or evidence derived from such acquisition concerning a covered person 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. (d) Rule of construction Subsections (a), (b), and (c) shall apply regardless of the location of the acquisition.. (b) Conforming amendments The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further amended— (1) in section 601(a)(1) (50 U.S.C. 1871(a)(1))— (A) by striking subparagraphs (D) through (F); and (B) in subparagraph (B), by striking the semicolon and inserting; and; (2) 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 (3) in section 706 (50 U.S.C. 1881e), by striking subsection (b). (c) Clerical amendment The table of contents for such Act is amended— (1) by striking the items relating to sections 703, 704, and 705; and (2) 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..