Sec. 8. Review of queries conducted by Federal Bureau of Investigation of acquisitions obtained under section 702 of the Foreign Intelligence Surveillance Act of 1978
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Section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ), as amended by sections 3 and 7, is further amended by adding at the end the following: Not later than 1 business day after the Director of the Federal Bureau of Investigation conducts a query of acquisitions obtained under this section which the Director finds to have been responsive and which returns information that concerns a known United States person, the Director of the Federal Bureau of Investigation shall submit to the Foreign Intelligence Surveillance Court the query, the responsive information, and a justification for executing the query.
Not later than 2 business days after receiving a submittal under paragraph (1), the Foreign Intelligence Surveillance Court shall review the submittal for consistency with the Fourth Amendment to the Constitution and submit to the Director the findings of the Court with respect to the review. If the Foreign Intelligence Surveillance Court determines under paragraph
(2)that a submittal received under paragraph
(2)regarding information responsive to a query is not consistent with the Fourth Amendment, such information shall not be used in any court proceeding. Not less frequently than once each year, the Foreign Intelligence Surveillance Court shall submit to the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) a report on the reviews conducted by the Court under paragraph
(2)in the previous year. Such report shall include the number of submittals received under such paragraph in such year and the number that the Court determined were not consistent with the Fourth Amendment to the Constitution. . Subsection
(o)of such section, as added by subsection (a), shall not be construed to require any action to determine the nationality of an individual that would not have been required to be carried out on the day before the date of the enactment of this Act. Subsection
(o)of such section, as added by subsection (a), shall take effect on the date that is 90 days after the date of the enactment of this Act.
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Sec. 8
Review of queries conducted by Federal Bureau of Investigation of acquisitions obtained under section 702 of the Foreign Intelligence Surveillance Act of 1978
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