[Congressional Record Volume 148, Number 83 (Thursday, June 20, 2002)]
[Senate]
[Pages S5857-S5858]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE:
  S. 2659. 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; 
to the Select Committee on Intelligence.
  Mr. DeWine. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2659

       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

[[Page S5858]]

     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''.
                                 ______