Sec. 201. Querying procedures required
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Section 702 ( 50 U.S.C. 1881a ) is amended— by redesignating subsections
(f)through
(l)as subsections
(g)through (m), respectively; and by inserting after subsection
(e)the following new subsection: The Attorney General, in consultation with the Director of National Intelligence, shall adopt querying procedures consistent with the requirements of the Fourth Amendment to the Constitution of the United States for information collected pursuant to an authorization under subsection (a). The Attorney General, in consultation with the Director of National Intelligence, shall ensure that the procedures adopted under subparagraph
(A)include a technical procedure whereby a record is kept of each United States person query term used for a query. The procedures adopted in accordance with subparagraph
(A)shall be subject to judicial review pursuant to subsection (j). Before accessing the contents of communications acquired under subsection
(a)that were retrieved using a United States person query term that was not designed to find and extract foreign intelligence information, the Federal Bureau of Investigation may apply for an order of the Court under subparagraph (C). The Court shall have jurisdiction to review an application and to enter an order approving the access described in subparagraph (A). Each application for an order under this paragraph shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under subparagraph (B). Each application shall require the approval of the Attorney General based upon the finding of the Attorney General that the application satisfies the criteria and requirements of such application, as set forth in this paragraph, and shall include— the identity of the Federal officer making the application; and an affidavit or other information containing a statement of the facts and circumstances relied upon by the applicant to justify the belief of the applicant that the contents of communications described in subparagraph
(A)covered by the application would provide evidence of— criminal activity; contraband, fruits of a crime, or other items illegally possessed by a third party; or property designed for use, intended for use, or used in committing a crime. Upon an application made pursuant to subparagraph (C), the Court shall enter an order approving the access of the contents of communications described in subparagraph
(A)covered by the application if the Court finds probable cause to believe that such contents would provide any of the evidence described in subparagraph (C)(ii). In this subsection, the term query means any instance in which information the United States Government has acquired is searched using one or more specific terms for the purpose of discovering or retrieving unminimized contents or noncontents of the communications of United States persons. . Subsection
(f)of section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ), as added by paragraph (1), shall apply with respect to certifications submitted under subsection
(h)of such section to the Foreign Intelligence Surveillance Court after January 1, 2018. Such section 702 is further amended— in subsection (a), by striking with subsection (i)(3) and inserting with subsections (j)(3) ; in subsection (c)— in paragraph (1)(B), by striking with subsection
(g)and inserting with subsection
(h); in paragraph (2), by striking to subsection (i)(3) and inserting to subsection (j)(3) ; and in paragraph (3)— in subparagraph (A), by striking with subsection
(g)and inserting with subsection
(h); and in subparagraph (B)— by striking to subsection (i)(1)(C) and inserting to subsection (j)(1)(C) ; and by striking under subsection
(i)and inserting under subsection
(j); in subsection (d)(2), by striking to subsection
(i)and inserting to subsection
(j); in subsection (e)(2), by striking to subsection
(i)and inserting to subsection
(j); in subsection (h), as redesignated by subsection (a)(1)— in paragraph (2)(A)(iii), by striking with subsection
(f)and inserting with subsection
(g); in paragraph (3), by striking with subsection (i)(1)(C) and inserting with subsection (j)(1)(C) ; and in paragraph (6), by striking to subsection
(i)and inserting to subsection
(j); in subsection (j), as redesignated by subsection (a)(1)— in paragraph (1)— in subparagraph (A), by striking targeting and minimization procedures adopted in accordance with subsections
(d)and
(e)and inserting targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) ; in subparagraph (B), by striking targeting and minimization procedures adopted in accordance with subsections
(d)and
(e)and inserting targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) ; and in subparagraph (C), by striking targeting and minimization procedures adopted in accordance with subsections
(d)and
(e)and inserting targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) ; in paragraph (2)— in subparagraph (A), by striking with subsection
(g)and inserting with subsection
(h); and by adding at the end the following: The querying procedures adopted in accordance with subsection (f)(1) to assess whether such procedures comply with the requirements of such subsection. ; in paragraph (3)— in subparagraph (A)— by striking with subsection
(g)and inserting with subsection
(h); and by striking targeting and minimization procedures adopted in accordance with subsections
(d)and
(e)and inserting targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) ; and in subparagraph (B), in the matter before clause (i)— by striking with subsection
(g)and inserting with subsection
(h); and by striking with subsections
(d)and
(e)and inserting with subsections (d), (e), and (f)(1) ; and in paragraph (5)(A)— by striking with subsection
(g)and inserting with subsection
(h); and by striking with subsections
(d)and
(e)and inserting with subsections (d), (e), and (f)(1) ; and in subsection (m), as redesignated by subsection (a)(1)— in paragraph (1), in the matter before subparagraph (A)— by striking targeting and minimization procedures adopted in accordance with subsections
(d)and
(e)and inserting targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) ; and by striking with subsection
(f)and inserting with subsection
(g); and in paragraph (2)(A)— by striking targeting and minimization procedures adopted in accordance with subsections
(d)and
(e)and inserting targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1) ; and by striking with subsection
(f)and inserting with subsection
(g). The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.) is further amended— by striking section 702(h) each place it appears and inserting section 702(i) ; by striking section 702(g) each place it appears and inserting section 702(h) ; and in section 707(b)(1)(G)(ii), by striking subsections (d), (e), and
(f)and inserting subsections (d), (e), (f)(1), and
(g). Section 404 of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 ( Public Law 110–261 ; 50 U.S.C. 1801 note) is amended— in subsection (a)(7)(B)— by striking under section 702(i)(3) and inserting under section 702(j)(3) ; and by striking of section 702(i)(4) and inserting of section 702(j)(4) ; and in subsection (b)— in paragraph (3)— in subparagraph (A), by striking to section 702(h) and inserting to section 702(i) ; and in subparagraph (B)— by striking section 702(h)(3) of and inserting section 702(i)(3) of ; and by striking to section 702(h) and inserting to section 702(i) ; and in paragraph (4)— in subparagraph (A), by striking and sections 702(l) and inserting and sections 702(m) ; and in subparagraph (B)(iv), by striking or section 702(l) and inserting or section 702(m) .
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- Pub. L. 110-261
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