To place flexible limits on the use of information obtained using unlawful procedures.

SA 3915. Mr. FEINGOLD (for himself and Mr. Dodd) submitted an
amendment intended to be proposed to amendment SA 3911 proposed by Mr.
Rockefeller (for himself and Mr. Bond) to the bill S. 2248, to amend
the Foreign Intelligence Surveillance Act of 1978, to modernize and
streamline the provisions of that Act, and for other purposes; which
was ordered to lie on the table; as follows:

On page 17, strike line 20 and all that follows through
page 18, line 11, and insert the following:
``(B) Correction of deficiencies.--
``(i) In general.--If the Court finds that a certification
required by subsection (f) does not contain all of the
required elements, 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 Constitution 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 Court's order--

``(I) correct any deficiency identified by the Court's
order not later than 30 days after the date the Court issues
the order; or
``(II) cease the acquisition authorized under subsection
(a).

``(ii) Limitation on use of information.--

``(I) In general.--Except as provided in subclause (II), no
information obtained or evidence derived from an acquisition
under clause (i)(I) concerning any United States person shall
be received in evidence or otherwise disclosed in any 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 no
information concerning any United States person acquired from
such acquisition shall subsequently be used or disclosed in
any other manner by Federal officers or employees 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.
``(II) Exception.--If the Government corrects any
deficiency identified by the Court's order under clause (i),
the Court may permit the use or disclosure of information
acquired before the date of the correction pursuant to such
minimization procedures as the Court shall establish for
purposes of this clause.

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