Sec. 103. Limitation on collection and improvements to targeting procedures and minimization procedures
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Section 702(d) ( 50 U.S.C. 1881a(d) ) is amended— in paragraph (1), by striking The Attorney General and inserting In accordance with paragraphs
(3)and (4), the Attorney General ; and by adding at the end the following new paragraphs: The procedures adopted in accordance with paragraph
(1)shall require due diligence in determining whether a person targeted is a non-United States person reasonably believed to be located outside the United States by— making the determination based on the totality of the circumstances, including by, to the extent practicable, ensuring that any conflicting information regarding whether the person is reasonably believed to be located outside the United States or is a United States person is resolved before making such determination; documenting the processes used for determinations described in subparagraph (A); and documenting the rationale for why targeting such person will result in the acquisition of foreign intelligence information authorized by subsection (a). The procedures adopted in accordance with paragraph
(1)shall require that the targeting of a person is limited to communications to or from the targeted person. On an annual basis, the Attorney General shall submit to the congressional intelligence committees and the Committees on the Judiciary of the House of Representatives and the Senate a report on— any difficulty relating to the limitation under subparagraph (A); and the technical feasibility of ensuring that the handling of communications acquired under subsection
(a)with respect to incidentally collected United States person information complies with the minimization procedures adopted under subsection (e). . Section 702(e) ( 50 U.S.C. 1881a(e) ) is amended— in paragraph (1), by inserting , and the requirements of this subsection before the period at the end; and by adding at the end the following new paragraph: The procedures adopted under paragraph
(1)shall include specific procedures adopted by the Attorney General for elements of the intelligence community to submit requests to unmask information in disseminated intelligence reports. Such specific procedures shall— require the documentation of the requesting individual that such request is for legitimate reasons authorized pursuant to paragraph (1); and require the retention of the records of each request, including— a copy of the request; the name and position of the individual who is making the request; and if the request is approved, the name and position of the individual who approved the request and the date of the approval. . Section 701(b) ( 50 U.S.C. 1881(b) ) is amended by adding at the end the following new paragraph: The term unmask means, with respect to a disseminated intelligence report containing a reference to a United States person that does not identify that person (including by name or title), to disseminate the identity of the United States person, including the name or title of the person. . The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.) is amended as follows: In section 101(h) ( 50 U.S.C. 1801(h) )— in paragraph (3), by striking ; and and inserting a semicolon; in paragraph (4), by striking the period at the end and inserting ; and ; and by adding at the end the following new paragraph: specific procedures as described in section 702(e)(3). . In section 301(4) ( 50 U.S.C. 1821(4) )— in subparagraph (C), by striking ; and and inserting a semicolon; in subparagraph (D), by striking the period at the end and inserting ; and ; and by adding at the end the following new subparagraph: specific procedures as described in section 702(e)(3). . In section 402(h) ( 50 U.S.C. 1842(h) )— by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph
(1)the following new paragraph (2): The policies and procedures adopted under paragraph
(1)shall include specific procedures as described in section 702(e)(3). . In section 501(g)(2) ( 50 U.S.C. 1861(g)(2) )— in subparagraph (B), by striking ; and and inserting a semicolon; in subparagraph (C), by striking the period at the end and inserting ; and ; and by adding at the end the following new subparagraph: specific procedures as described in section 702(e)(3). . Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate a report on the progress made by the Director with respect to— ensuring that incidentally collected communications of United States persons (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 )) are properly masked if masking is necessary; and implementing procedures for requests to unmask information under section 702(e)(3) of such Act ( 50 U.S.C. 1881a(e)(3) ), as added by subsection (c).
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Sec. 103
Limitation on collection and improvements to targeting procedures and minimization procedures
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