Sec. 102. Attorney General approval and additional protection of incidentally collected United States person communications
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Subsection
(j)of section 702 ( 50 U.S.C. 1881a ), as added by section 101, is amended by inserting after paragraph
(3)the following: Except as provided under paragraph (5), in response to a query relating to a United States person or a person reasonably believed to be located in the United States, the information of communications acquired under subsection
(a)relating to dialing, routing, addressing, or signaling information that is not content and could otherwise be lawfully obtained under title IV of this Act may be accessed or disseminated only— with the approval of the Attorney General; if such information is relevant to an authorized investigation or assessment and is not sought solely on the basis of activities protected by the First Amendment to the Constitution of the United States; if an order based on probable cause would not be required by law to obtain such information if requested as part of an investigation of a Federal crime; and if any use of such communications pursuant to section 706 will be carried out in accordance with such section. The requirement for approval of the Attorney General under paragraph (4)(A) shall not apply to accessing or disseminating information of communications acquired under subsection
(a)relating to dialing, routing, addressing, or signaling information that is not content and could otherwise be lawfully obtained under title IV of this Act 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); a supervisory determination is obtained that— reasonably determines that an emergency situation requires the accessing or dissemination of the information of communications before the approval of the Attorney General under paragraph (4)(A) can with due diligence be obtained; reasonably believes that the factual basis for the approval of the Attorney General under paragraph (4)(A) exists; and with respect to the access or dissemination of such information of communications— informs the Attorney General at the time the supervisor requires the emergency access or dissemination that the decision has been made to employ the authority under this subparagraph; and may not use such information of communications pursuant to section 706 if the Attorney General finds that the determination by the supervisor with respect to the emergency situation was not appropriate; or there is consent provided in accordance with paragraph (12). A determination of whether the person identified by the queried term is a United States person or a person reasonably believed to be located in the United States under paragraph
(1)or
(4)shall be made based on the totality of the circumstances, including by, to the extent practicable, ensuring that any conflicting information regarding whether the person is a United States person or is reasonably believed to be located outside the United States is resolved before making such determination. If there is insufficient information available to make a determination, the person identified by the queried term shall be considered a United States person or person reasonably believed to be located in the United States for purposes of paragraphs
(1)and (4). If the Attorney General determines that it is necessary to conduct electronic surveillance on a known United States person whose communications have been acquired under subsection (a), the Attorney General may only conduct such electronic surveillance using authority provided under other provisions of law. Except as otherwise provided by law or applicable minimization procedures, 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 queried when the Federal Bureau of Investigation properly uses an information system of the Federal Bureau of Investigation to determine whether information exists in such a database. The Attorney General shall delegate the authority under this subsection to the fewest number of officials that the Attorney General determines practicable. The Attorney General shall retain records of queries of a collection of communications acquired under subsection (a). The heads of elements of the intelligence community that are not components of the Department of Justice shall retain records of queries of a collection of communications acquired under subsection
(a)that use a term identifying a United States person or a person located in the United States. Records retained under subparagraph
(A)shall— include 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 identifying a person who is a party to the communications acquired under subsection (a), or a person who otherwise has lawful authority to provide consent, and who consents to such queries; or the accessing or the dissemination of the contents or information of communications acquired under subsection
(a)of a person who is a party to the communications, or a person who otherwise has lawful authority to provide consent, and who consents to such access or dissemination. The contents of communications acquired under subsection
(a)and the information relating to the dialing, routing, addressing, or signaling information of such communications may only be queried if the query is reasonably designed to return foreign intelligence information or evidence of a crime. .
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Sec. 102
Attorney General approval and additional protection of incidentally collected United States person communications
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