Sec. 2. Clarification on prohibition on querying of collections of communications to conduct warrantless queries for the communications of United States persons and persons inside the United States
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/bill/115/s/1997/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 702(b) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(b) ) is amended— by redesignating paragraphs
(1)through
(5)as subparagraphs
(A)through (E), respectively, and indenting such subparagraphs, as so redesignated, an additional two ems from the left margin; by striking An acquisition and inserting the following: An acquisition ; and by adding at the end the following: Except as provided in subparagraphs
(B)and (C), no officer or employee of the United States may conduct a query of information acquired under this section in an effort to find communications of or about a particular United States person or a person inside the United States. Subparagraph
(A)shall not apply to a query for communications related to a particular United States person or person inside the United States if— such United States person or person inside the United States is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section 105, 304, 703, 704, or 705 of this Act, or under title 18, United States Code, for the effective period of that order; the entity carrying out the query has a reasonable belief that the life or safety of such United States person or person inside the United States is threatened and the information is sought for the purpose of assisting that person; such United States person or person in the United States is a corporation; or such United States person or person inside the United States has consented to the query. If an officer or employee of the United States conducts a query of a data set, or of federated data sets, that includes any information acquired under this section, the system shall be configured not to return such information unless the officer or employee enters a code or other information indicating that— the person associated with the search term is not a United States person or person inside the United States; or if the person associated with the search term is a United States person or person inside the United States, one or more of the conditions of subparagraph
(B)are satisfied. In the event that a query for communications related to a particular United States person or a person inside the United States is conducted pursuant to an emergency authorization authorizing electronic surveillance or a physical search described in subsection (B)(i) and the application for such emergency authorization is denied, or in any other case in which the query has been conducted and no order is issued approving the query— no information obtained or evidence derived from such query may 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 query may 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. The Attorney General shall assess compliance with the requirements under clause (i). .
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Sec. 2
Clarification on prohibition on querying of collections of communications to conduct warrantless queries for the communications of United States persons and persons inside the United States
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