Sec. 2. Supplemental procedures for acquisition of certain business records for counterterrorism purposes
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Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) is amended by adding at the end the following: No order issued pursuant to an application made under subsection
(a)may authorize the acquisition in bulk of wire communication or electronic communication records from an entity that provides an electronic communication service to the public if such order does not name or otherwise identify either individuals or facilities, unless such order complies with the supplemental procedures under subsection (j). Any order directed to the Government under subsection
(a)that authorizes the acquisition in bulk of wire communication or electronic communication records, which shall not include the content of such communications, shall be subject to supplemental procedures, which are in addition to any other requirements or procedures imposed by this Act, as follows: Such an order shall not authorize the acquisition of the content of any communication. Such an order— shall be effective for a period of not more than 90 days; and may be extended by the court on the same basis as an original order upon an application under this title for an extension and new findings by the court in accordance with subsection (c). Information acquired pursuant to such an order (other than information properly returned in response to a query under subparagraph (D)(iii)) shall be retained by the Government in accordance with security procedures approved by the court in a manner designed to ensure that only authorized personnel will have access to the information in the manner prescribed by this section and the court’s order. Access to information retained in accordance with the procedures described in subparagraph
(C)shall be prohibited, except for access— to perform a query using a selector for which a recorded determination has been made that there is a reasonable articulable suspicion that the selector is associated with international terrorism or activities in preparation therefor; to return information as authorized under paragraph (3); or as may be necessary for technical assurance, data management or compliance purposes, or for the purpose of narrowing the results of queries, in which case no information produced pursuant to the order may be accessed, used, or disclosed for any other purpose, unless the information is responsive to a query authorized under paragraph (3). For any determination made pursuant to paragraph (1)(D)(i), a record shall be retained of the selector, the identity of the individual who made the determination, the date and time of the determination, and the information indicating that, at the time of the determination, there was a reasonable articulable suspicion that the selector was associated with international terrorism or activities in preparation therefor. For any query performed pursuant to paragraph (1)(D)(i), a record shall be retained of the identity of the individual who made the query, the date and time of the query, and the selector used to perform the query. For any query performed pursuant to paragraph (1)(D)(i), the query only may return information concerning communications— to or from the selector used to perform the query; to or from a selector in communication with the selector used to perform the query; or to or from any selector reasonably linked to the selector used to perform the query, in accordance with the court approved minimization procedures required under subsection (g). A court order issued pursuant to an application made under subsection (a), and subject to the requirements of this subsection, shall impose strict, reasonable limits, consistent with operational needs, on the number of Government personnel authorized to make a determination or perform a query pursuant to paragraph (1)(D)(i). The Director of National Intelligence shall ensure that each such personnel receives comprehensive training on the applicable laws, policies, and procedures governing such determinations and queries prior to exercising such authority. The Director of the National Intelligence, in consultation with the head of the agency responsible for acquisitions pursuant to orders subject to the requirements of this subsection, shall establish a technical procedure whereby the aggregate number of queries performed pursuant to this subsection in the previous quarter shall be recorded automatically, and subsequently reported to the appropriate committees of Congress. The information reported under subparagraph
(A)shall be available to each of the following upon request: The Inspector General of the National Security Agency. The Inspector General of the Intelligence Community. The Inspector General of the Department Justice. Appropriate officials of the Department of Justice. Appropriate officials of the National Security Agency. The Privacy and Civil Liberties Oversight Board. In accordance with minimization procedures required by subsection (g), and subject to subparagraph (B), a copy of each record for a determination prepared pursuant to paragraph (2)(A) shall be promptly provided to the court established under section 103(a). In accordance with minimization procedures required by subsection (g), a copy of each record for a determination prepared pursuant to paragraph (2)(A) that is reasonably believed to be associated with a particular, known United States person shall be promptly provided the court established under section 103(a), but no more than 7 days after the determination. If the court finds that the record of the determination indicates the determination did not meet the requirements of this section or is otherwise unlawful, the court may order that production of records under the applicable order be terminated or modified, that the information returned in response to queries using the selector identified in the determination be destroyed, or another appropriate remedy. All records and information produced pursuant to an order subject to this subsection, other than the results of queries as described in paragraph (3), shall be retained no longer than 5 years from the date of acquisition. The Government shall not query any data acquired under this subsection and retained in accordance with the procedures described in paragraph (1)(C) more than 3 years after such data was acquired unless the Attorney General determines that the query meets the standard set forth in paragraph (1)(D)(i). A copy of each order issued pursuant to an application made under subsection (a), and subject to the requirements of this subsection, shall be provided to the appropriate committees of Congress. In this subsection: The term appropriate committees of Congress means— the Committee on the Judiciary and the Select Committee on Intelligence of the Senate; and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives. The term content , with respect to a communication— means any information concerning the substance, purport, or meaning of that communication; and does not include any dialing, routing, addressing, signaling information. The term electronic communication has the meaning given that term in section 2510 of title 18, United States Code. The term electronic communication service has the meaning given that term in section 2510 of title 18, United States Code. The term selector means an identifier, such as a phone number or electronic account identifier, that is associated with a particular communicant or facility. The term United States person has the meaning given that term in section 101 of this Act. The term wire communication has the meaning given that term in section 2510 of title 18, United States Code. . Section 502(c)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1862(c)(1) ) is amended— in subparagraph (A), by striking and at the end; in subparagraph (B), by striking the period at the end and inserting ; and ; and by adding at the end the following: for each order subject to the supplemental procedures under section 501(j)— the number of unique selectors for which a recorded determination has been made under section 501(j)(1)(D)(i) that reasonable articulable suspicion exists that the selector is associated with international terrorism or activities in preparation therefor; the aggregate number of queries performed pursuant to such section; the aggregate number of investigative leads developed as a direct result of any query performed pursuant to subsection (j)(1)(D)(i); and the aggregate number of warrants or court orders, based upon a showing of probable cause, issued pursuant to title I or III of this Act or chapter 119, 121, or 205 of title 18, United States Code, in response to applications for such warrants or court orders containing information produced by such queries. .
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Sec. 2
Supplemental procedures for acquisition of certain business records for counterterrorism purposes
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