Sec. 101. Court orders and protection of incidentally collected United States person communications
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Section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ) is amended— by redesignating subsections
(j)through
(l)as subsections
(k)through (m), respectively; and by inserting after subsection
(i)the following new subsection (j): Except as provided by subparagraph (C), in response to a query for evidence of a crime, the contents of queried communications acquired under subsection
(a)may be accessed or disseminated only upon— an application by the Attorney General to a judge of the Foreign Intelligence Surveillance Court that describes the determination of the Attorney General that— there is probable cause to believe that such contents may provide evidence of a crime specified in section 2516 of title 18, United States Code (including crimes covered by paragraph
(2)of such section); noncontents information accessed or disseminated pursuant to subparagraph
(B)is not the sole basis for such probable cause; such queried communications are relevant to an authorized investigation or assessment, provided that such investigation or assessment is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States; and any use of such queried communications pursuant to section 706 will be carried out in accordance with such section; and an order of the judge approving such application. Except as provided by subparagraph (C), in response to a query for evidence of a crime, the information of queried communications acquired under subsection
(a)relating to the dialing, routing, addressing, signaling, or other similar noncontents information may be accessed or disseminated only upon a determination by the Attorney General that— such queried communications are relevant to an authorized investigation or assessment, provided that such investigation or assessment is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States; and any use of such queried communications pursuant to section 706 will be carried out in accordance with such section. The requirement for an order of a judge pursuant to subparagraph
(A)and the requirement for a determination by the Attorney General under subparagraph (B), respectively, shall not apply to accessing or disseminating queried communications acquired under subsection
(a)if one or more of the following conditions are met: Such query is reasonably designed for the primary purpose of returning foreign intelligence information. The Attorney General makes the determination described in subparagraph (A)(i) and— the person related to the queried term is the subject of an order or emergency authorization that authorizes electronic surveillance or physical search under this Act or title 18, United States Code; or the Attorney General has a reasonable belief that the life or safety of a person is threatened and such contents are sought for the purpose of assisting that person. Pursuant to paragraph (5), the person related to the queried term consents to such access or dissemination. If the Attorney General determines that it is necessary to conduct electronic surveillance on a known United States person who is related to a term used in a query of communications acquired under subsection (a), the Attorney General may only conduct such electronic surveillance using authority provided under other provisions of law. The Director of the Federal Bureau of Investigation shall ensure that all available investigative or intelligence databases of the Federal Bureau of Investigation are simultaneously accessed when the Bureau properly uses an information system of the Bureau to determine whether information exists in such a database. Regardless of any positive result that may be returned pursuant to such access, the requirements of this subsection shall apply. The Attorney General shall delegate the authority under this paragraph to the fewest number of officials that the Attorney General determines practicable. A collection of communications acquired under subsection
(a)may only be queried for legitimate national security purposes or legitimate law enforcement purposes. The Attorney General and each Director concerned shall retain records of queries that return a positive result from a collection of communications acquired under subsection (a). Such records shall— include such queries for not less than 5 years after the date on which the query is made; and be maintained in a manner that is auditable and available for congressional oversight. The requirements of this subsection do not apply with respect to queries made for the purpose of— submitting to Congress information required by this Act or otherwise ensuring compliance with the requirements of this section; or performing maintenance or testing of information systems. The requirements of this subsection do not apply with respect to— queries made using a term relating to a person who consents to such queries; or the accessing or the dissemination of the contents of queried communications of a person who consents to such access or dissemination. In this subsection, the term Director concerned means the following: The Director of the National Security Agency, with respect to matters concerning the National Security Agency. The Director of the Federal Bureau of Investigation, with respect to matters concerning the Federal Bureau of Investigation. The Director of the Central Intelligence Agency, with respect to matters concerning the Central Intelligence Agency. The Director of the National Counterterrorism Center, with respect to matters concerning the National Counterterrorism Center. . Subsection
(e)of such section ( 50 U.S.C. 1881a(e) ) is amended by adding at the end the following new paragraph: The minimization procedures adopted in accordance with paragraph
(1)shall describe a query reasonably designed for the primary purpose of returning foreign intelligence information pursuant to subsection (j)(1)(C)(i). . Subsection (g)(2)(B) of such section ( 50 U.S.C. 1881a(g)(2)(B) ) is amended by striking and
(e)and inserting (e), and
(j).
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Sec. 101
Court orders and protection of incidentally collected United States person communications
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