I 
111TH CONGRESS 
1ST SESSION H. R. 3846 
To amend the Foreign Intelligence Surveillance Act of 1978 to provide 
additional civil liberties protections, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 20, 2009 
Mr. CONYERS (for himself, Mr. NADLER of New York, Mr. SCOTT of Virginia, 
Mr. COHEN, Ms. JACKSON-LEE of Texas, and Mr. JOHNSON of Georgia) 
introduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Select Committee on Intelligence (Per-
manent Select), for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To amend the Foreign Intelligence Surveillance Act of 1978 
to provide additional civil liberties protections, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘FISA Amendments 
Act of 2009’’. 
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SEC. 2. REPEAL OF TELECOMMUNICATIONS IMMUNITY. 
(a) IN GENERAL.—The Foreign Intelligence Surveil-
lance Act of 1978 is amended by striking title VIII (50 
U.S.C. 1885 et seq.). 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents in the first section of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is amended by striking the items relating to title VIII 
and sections 801, 802, 803, and 804. 
SEC. 3. PROHIBITION ON BULK COLLECTION UNDER FISA 
AMENDMENTS ACT. 
Section 702(g)(2)(A) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1881a(g)(2)(A)) is 
amended— 
(1) in clause (vi), by striking ‘‘and’’ at the end; 
(2) by redesignating clause (vii) as clause (viii); 
and 
(3) by inserting after clause (vi) the following: 
‘‘(vii) the acquisition of the contents 
(as that term is defined in section 2510(8) 
of title 18, United States Code) of any 
communication is limited to communica-
tions to which any party is an individual 
target (which shall not be limited to known 
or named individuals) who is reasonably 
believed to be located outside of the United 
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person reasonably believed to be located in 
the United States; and’’; 
(3) in subsection (g)(2)(A)(i)(I)— 
(A) by striking ‘‘ensure that’’ and insert 
the following: ‘‘ensure— 
‘‘(aa) that’’; and 
(B) by adding at the end the following: 
‘‘(bb) that an application is 
filed under title I, if otherwise re-
quired, when a significant pur-
pose of an acquisition authorized 
under subsection (a) is to acquire 
the communications of a par-
ticular, known person reasonably 
believed to be located in the 
United States; and’’; and 
(4) in subsection (i)(2)(B)(i)— 
(A) by striking ‘‘ensure that’’ and insert 
the following: ‘‘ensure— 
‘‘(I) that’’; and 
(B) by adding at the end the following: 
‘‘(II) that an application is filed 
under title I, if otherwise required, 
when a significant purpose of an ac-
quisition authorized under subsection 
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(a) is to acquire the communications 
of a particular, known person reason-
ably believed to be located in the 
United States; and’’. 
SEC. 5. LIMITS ON USE OF UNLAWFULLY OBTAINED INFOR-
MATION UNDER FISA AMENDMENTS ACT. 
Section 702(i)(3) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1881a(i)(3)) is amended by 
striking subparagraph (B) and inserting the following: 
‘‘(B) CORRECTION OF DEFICIENCIES.— 
‘‘(i) IN GENERAL.—If the Court finds 
that a certification required by subsection 
(g) does not contain all of the required ele-
ments, or that the procedures required by 
subsections (d) and (e) are not consistent 
with the requirements of those subsections 
or the fourth amendment to the Constitu-
tion of the United States, the Court shall 
issue an order directing the Government 
to, at the Government’s election and to the 
extent required by the order of the 
Court— 
‘‘(I) correct any deficiency identi-
fied by the order of the Court not 
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later than 30 days after the date on 
which the Court issues the order; or 
‘‘(II) cease or not begin the ac-
quisition authorized under subsection 
(a). 
‘‘(ii) LIMITATION ON USE OF INFOR-
MATION.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), no infor-
mation obtained or evidence derived 
from an acquisition for which a defi-
ciency is identified by the Court under 
clause (i) concerning any United 
States person shall be received in evi-
dence or otherwise disclosed in any 
trial, hearing, or other proceeding in 
or before any court, grand jury, de-
partment, office, agency, regulatory 
body, legislative committee, or other 
authority of the United States, a 
State, or political subdivision thereof, 
and no information concerning any 
United States person acquired from 
the acquisition shall subsequently be 
used or disclosed in any other manner 
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by Federal officers or employees with-
out the consent of the United States 
person, except with the approval of 
the Attorney General if the informa-
tion indicates a threat of death or se-
rious bodily harm to any person. 
‘‘(II) EXCEPTION.—If the Gov-
ernment corrects any deficiency iden-
tified by the order of the Court under 
clause (i), the Court may permit the 
use or disclosure of information ac-
quired before the date of the correc-
tion under such minimization proce-
dures as the Court shall establish for 
purposes of this clause.’’. 
SEC. 6. PRIVACY PROTECTIONS FOR INTERNATIONAL COM-
MUNICATIONS OF AMERICANS COLLECTED 
UNDER FISA AMENDMENTS ACT. 
(a) IN GENERAL.—Title VII of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1881) is 
amended by adding at the end the following: 
‘‘SEC. 709. ADDITIONAL SAFEGUARDS FOR COMMUNICA-
TIONS OF PERSONS IN THE UNITED STATES. 
‘‘(a) LIMITATIONS ON ACQUISITION OF COMMUNICA-
TIONS.— 
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‘‘(1) LIMITATION.—Except as provided in para-
graph (2), no communication shall be acquired 
under this title if the Government knows before or 
at the time of acquisition that the communication is 
to or from a person reasonably believed to be located 
in the United States. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), a communication may be acquired in 
accordance with this title if— 
‘‘(i) there is reason to believe that the 
communication concerns international ter-
rorist activities directed against the United 
States, or activities in preparation there-
for; 
‘‘(ii) there is probable cause to believe 
that the target reasonably believed to be 
located outside the United States is an 
agent of a foreign power and the foreign 
power is a group engaged in international 
terrorism or activities in preparation there-
for; or 
‘‘(iii) there is reason to believe that 
the acquisition is necessary to prevent 
death or serious bodily harm. 
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