[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2659 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2659

 To amend the Foreign Intelligence Surveillance Act of 1978 to modify 
   the standard of proof for issuance of orders regarding non-United 
      States persons from probable cause to reasonable suspicion.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2002

  Mr. DeWine introduced the following bill; which was read twice and 
           referred to the Select Committee on Intelligence.

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Intelligence Surveillance Act of 1978 to modify 
   the standard of proof for issuance of orders regarding non-United 
      States persons from probable cause to reasonable suspicion.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MODIFICATION OF BURDEN OF PROOF FOR ISSUANCE OF ORDERS ON 
              NON-UNITED STATES PERSONS UNDER FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978.

    (a) Orders of Electronic Surveillance.--Section 105 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805) is amended--
            (1) in subsection (a), by striking paragraph (3) and 
        inserting the following new paragraph (3):
            ``(3) on the basis of facts submitted by the applicant--
                    ``(A) in the case of a target of electronic 
                surveillance that is a United States person, there is 
                probable cause to believe that--
                            ``(i) the target is a foreign power or an 
                        agent of a foreign power, provided that no 
                        United States person may be considered a 
                        foreign power or an agent of a foreign power 
                        solely upon the basis of activities protected 
                        by the first amendment to the Constitution of 
                        the United States; and
                            ``(ii) each of the facilities or places at 
                        which the electronic surveillance is directed 
                        is being used, or is about to be used, by a 
                        foreign power or an agent of a foreign power; 
                        or
                    ``(B) in the case of a target of electronic 
                surveillance that is a non-United States person, there 
                is reasonable suspicion to believe that--
                            ``(i) the target is a foreign power or an 
                        agent of a foreign power; and
                            ``(ii) each of the facilities or places at 
                        which the electronic surveillance is directed 
                        is being used, or is about to be used, by a 
                        foreign power or an agent of a foreign 
                        power;'';
            (2) in subsection (b), by inserting ``or reasonable 
        suspicion'' after ``probable cause''; and
            (3) in subsection (e)(2), by inserting ``, or reasonable 
        suspicion in the case of a non-United States person,'' after 
        ``probable cause''.
    (b) Physical Searches.--Section 304 of that Act (50 U.S.C. 1824) is 
amended--
            (1) by striking paragraph (3) and inserting the following 
        new paragraph (3):
            ``(3) on the basis of facts submitted by the applicant--
                    ``(A) in the case of a target of a physical search 
                that is a United States person, there is probable cause 
                to believe that--
                            ``(i) the target is a foreign power or an 
                        agent of a foreign power, except that no United 
                        States person may be considered a foreign power 
                        or an agent of a foreign power solely upon the 
                        basis of activities protected by the first 
                        amendment to the Constitution of the United 
                        States; and
                            ``(ii) the premises or property to be 
                        searched is owned, used, possessed by, or is in 
                        transit to or from an agent of a foreign power 
                        or foreign power; or
                    ``(B) in the case of a target of a physical search 
                that is a non-United States person, there is reasonable 
                suspicion to believe that--
                            ``(i) the target is a foreign power or an 
                        agent of a foreign power; and
                            ``(ii) the premises or property to be 
                        searched is owned, used, possessed by, or is in 
                        transit to or from an agent of a foreign power 
                        or foreign power;'';
            (2) in subsection (b), by inserting ``or reasonable 
        suspicion'' after ``probable cause''; and
            (3) in subsection (d)(2), by inserting ``, or reasonable 
        suspicion in the case of a non-United States person,'' after 
        ``probable cause''.
                                 <all>