国会记录:2002年6月20日(参议院)页码S5852-S5859修订1978年《外国情报监视法》的法案，修改对非美国人发出命令的证明标准，从可能的理由改为合理的怀疑;情报特别委员会迪怀先生。主席先生，我请求大家一致同意将该法案的案文印发在《记录》上。在没有异议的情况下，命令将该法案印在记录上，如下:S. 2659由美利坚合众国参众两院在国会集合，第1节颁布。根据1978年外国情报监视法对非美国人发布命令的举证责任的修改。(a)电子监视令。——1978年《外国情报监视法案》(50 U.S.C. 1805)第105节第(1)款在第(a)小节中删去第(3)段并插入新的第(3)段:“(3)根据申请人提交的事实——”(A)如果电子监视的目标是美国人，有可能有理由相信——“(i)目标是一个外国国家或外国国家的代理人， 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". ______