Sec. 101. Court orders and protection of incidentally collected United States person communications
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/bill/115/s/2158/is/section-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 702 ( 50 U.S.C. 1881a ) is amended— by redesignating subsections (j), (k), and
(l)as subsections (k), (l), and (m), respectively; and by inserting after subsection
(i)the following: Except as provided under paragraph (3), in response to a query relating to a United States person or a person reasonably believed to be located in the United States, the contents of queried communications acquired under subsection
(a)may be accessed or disseminated only if— the Attorney General submits to the Foreign Intelligence Surveillance Court an application that demonstrates that— there is probable cause to believe that— such contents provide evidence of a crime specified in section 2516 of title 18, United States Code; or the individual is an agent of a foreign power; and any use of such communications pursuant to section 706 will be carried out in accordance with such section; and a judge of the Foreign Intelligence Surveillance Court reviews and approves such application under subparagraph (B). Upon an application made under subparagraph (A), the Foreign Intelligence Surveillance Court shall enter an order as requested or as modified by the Court approving the access or dissemination of contents of communications covered by the application if the Court determines that, based on an independent review— the application contains all information required under subparagraph (A); on the basis of the facts in the application, there is probable cause to believe that— such contents provide evidence of a crime specified in section 2516 of title 18, United States Code; or the person identified by the queried term is an agent of a foreign power; and the minimization procedures adopted pursuant to subsection
(e)will ensure compliance with subparagraph (A)(i)(II). A denial of an application submitted under subparagraph
(A)may be reviewed as provided in section 103. Any application submitted under paragraph (1)(A) shall be considered by the Foreign Intelligence Surveillance Court expeditiously and without delay. The requirement for an order pursuant to paragraph
(1)shall not apply to accessing or disseminating communications acquired under subsection
(a)if— the Attorney General determines that the person identified by the queried term is the subject of an order based upon a finding of probable cause, or emergency authorization, that authorizes electronic surveillance or physical search under this Act or title 18, United States Code (other than such emergency authorizations under title IV of this Act or section 3125 of title 18, United States Code); the Attorney General— reasonably determines that an emergency situation requires the accessing or dissemination of the communications before an order pursuant to paragraph
(1)authorizing such access or dissemination can with due diligence be obtained; reasonably believes that the factual basis for the issuance of such an order exists; and with respect to the access or dissemination of the contents of such communications— informs the Court at the time the Attorney General requires the emergency access or dissemination that the decision has been made to employ the authority under this paragraph; and may not use the contents of such communications pursuant to section 706 if the Court finds that the determination by the Attorney General with respect to the emergency situation was not appropriate; or there is consent provided in accordance with paragraph (12). . Section 404(b)(4) of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 ( 50 U.S.C. 1801 note) is amended by striking 702(l) each place it appears and inserting 702(m) .
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Sec. 101
Court orders and protection of incidentally collected United States person communications
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