Sec. 2. Query procedure reform
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Section 702(f)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(f)(1) ) is amended by adding at the end the following: The Attorney General shall ensure that the procedures adopted under subparagraph
(A)limit the authority to conduct queries such that— for each field office of the Federal Bureau of Investigation, the most senior official whose primary duty station is that field office is authorized to designate not more than five individuals whose primary duty station is that field office who are eligible to conduct a query using a United States person query term; and for the headquarters of the Federal Bureau of Investigation, the Director of the Federal Bureau of Investigation is authorized to designate not more than five individuals whose primary duty station is the Headquarters of the Federal Bureau of Investigation who are eligible to conduct a query using a United States person query term. . Section 702(f) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(f) ), as amended by subsection (a), is further amended— in paragraph (1)— in subparagraph (A), by inserting and the limitations and requirements in paragraph
(2)after Constitution of the United States ; and in subparagraph (B), by striking United States person query term used for a query and inserting term for a United States person or person reasonably believed to be in the United States used for a query as required by paragraph
(3); by redesignating paragraph
(3)as paragraph (6); and by striking paragraph
(2)and inserting 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 or information the compelled production of which would require a probable cause warrant if sought for law enforcement purposes in the United States, of or about 1 or more United States persons or persons reasonably believed to be located in the United States at the time of the query or the time of the communication or creation of the information. Subparagraph
(A)shall not apply to a query related to a United States person or person reasonably believed to be located in the United States at the time of the query or the time of the communication or creation of the information if— such person is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section 105 or 304 of this Act, or a warrant issued pursuant to the Federal Rules of Criminal Procedure by a court of competent jurisdiction covering the period of the query; the officer or employee carrying out the query has a reasonable belief that— an emergency exists involving an imminent threat of death or serious bodily harm; and in order to prevent or mitigate this threat, the query must be conducted before authorization pursuant to subparagraph
(I)can, with due diligence, be obtained; and a description of the query is provided to the Foreign Intelligence Surveillance Court and the congressional intelligence committees and the Committees on the Judiciary of the House of Representatives and of the Senate in a timely manner; such person or, if such person is incapable of providing consent, a third party legally authorized to consent on behalf of such person, has provided consent to the query on a case-by-case basis; or the query uses a known cybersecurity threat signature as a query term; the query is conducted, and the results of the query are used, for the sole purpose of identifying targeted recipients of malicious software and preventing or mitigating harm from such malicious software; no additional contents of communications retrieved as a result of the query are accessed or reviewed; and all such queries are reported to the Foreign Intelligence Surveillance Court. No information retrieved pursuant to a query authorized by clause (i)(II) or information derived from such query may be used, received in evidence, or otherwise disseminated in any investigation, 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, except in proceedings or investigations that arise from the threat that prompted the query. The Attorney General shall not less frequently than annually assess compliance with the requirements under subclause (I). In the event that a query for communications or information, the compelled production of which would require a probable cause warrant if sought for law enforcement purposes in the United States, of or about 1 more United States persons or persons reasonably believed to be located in the United States at the time of the query or the time of the communication or creation of the information is conducted pursuant to an emergency authorization described in subparagraph (B)(i)(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 used, received in evidence, or otherwise disseminated in any investigation, 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 or person reasonably believed to be located in the United States at the time of the query or the time of the communication or the creation of the information acquired from such query may subsequently be used or disclosed in any other manner 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 not less frequently than annually assess compliance with the requirements under clause (i). Except as provided in subparagraph (B)(i), no officer or employee of the United States may conduct a query of information acquired under this section in an effort to find information of or about 1 or more United States persons or persons reasonably believed to be located in the United States at the time of the query or the time of the communication or creation of the information unless the query is reasonably likely to retrieve foreign intelligence information. No officer or employee of the United States may conduct a query of information acquired under this section in an effort to find information of or about 1 or more United States persons or persons reasonably believed to be located in the United States at the time of query or the time of the communication or the creation of the information, unless first an electronic record is created, and a system, mechanism, or business practice is in place to maintain such record, that includes the following: Each term used for the conduct of the query. The date of the query. The identifier of the officer or employee. A statement of facts showing that the use of each query term included under subparagraph
(A)is— reasonably likely to retrieve foreign intelligence information; or in furtherance of the exceptions described in paragraph (2)(B)(i). If a query of information acquired under this section is conducted in an effort to find communications metadata of 1 or more United States persons or persons reasonably believed to be located in the United States at the time of the query or communication and the query returns such metadata, the results of the query shall not be used as a basis for reviewing communications or information a query for which is otherwise prohibited under this section. The prohibitions and requirements in this section shall apply to queries of federated and mixed datasets that include information acquired under this section, unless a mechanism exists to limit the query to information not acquired under this section. .
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Sec. 2
Query procedure reform
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