Sec. 2. Query procedure reform
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Subsection
(f)of section 702 is amended— by redesignating paragraph
(3)as paragraph (5); and by inserting after paragraph
(2)the following new paragraph: Federal Bureau of Investigation personnel must obtain prior approval from a Federal Bureau of Investigation supervisor (or employee of equivalent or greater rank) or attorney who is authorized to access unminimized contents or noncontents obtained through acquisitions authorized under subsection
(a)for any query of such unminimized contents or noncontents made using a United States person query term. A United States person query to be conducted by the Federal Bureau of Investigation of unminimized contents or noncontents obtained through acquisitions authorized under subsection
(a)using a United States person query term may be conducted without obtaining prior approval as specified in clause
(i)only if the person conducting the United States person query has a reasonable belief that conducting the query could assist in mitigating or eliminating a threat to life or serious bodily harm. . Subparagraph
(D)of section 702(f)(3), as added by subsection
(d)of this section, is amended by inserting after clause
(v)the following: The procedures shall prohibit any political personnel, such as those classified by the Office of Personnel Management as Presidential Appointment with Senate Confirmation, Presidential Appointment (without Senate Confirmation), Noncareer Senior Executive Service Appointment, or Schedule C Excepted Appointment, from inclusion in the Federal Bureau of Investigation’s prior approval process under clause (ii). . For each query identified by the Federal Bureau of Investigation as a United States person query against information acquired pursuant to subsection
(a)of section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ) conducted by the Federal Bureau of Investigation, not later than 180 days after the conduct of such query, the Department of Justice shall conduct an audit of such query. The requirement under paragraph
(1)shall apply with respect to queries conducted on or after the date of the enactment of this Act. This section shall terminate on the earlier of the following: The date that is 2 years after the date of the enactment of this Act. The date on which the Attorney General submits to the appropriate congressional committees a certification that the Federal Bureau of Investigation has implemented a process for the internal audit of all queries referred to in paragraph (1). In this section, the term appropriate congressional committees means— the congressional intelligence committees, as such term is defined in subsection
(b)of section 701 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881 ); and the Committees on the Judiciary of the House of Representatives and of the Senate. Paragraph
(3)of section 702(f), as added by subsection (a)(2) of this section, is amended by adding after subparagraph (C), as added by subsection
(f)of this section, the following: For any procedures adopted under paragraph
(1)applicable to the Federal Bureau of Investigation, the Attorney General, in consultation with the Director of National Intelligence, shall include the following requirements: A requirement that, prior to conducting any query, personnel of the Federal Bureau of Investigation successfully complete training on the querying procedures on an annual basis. A requirement that, absent exigent circumstances, prior to conducting certain queries, personnel of the Federal Bureau of Investigation receive approval, at minimum, as follows: Approval from the Deputy Director of the Federal Bureau of Investigation if the query uses a query term reasonably believed to identify a United States elected official, an appointee of the President or a State governor, a United States political candidate, a United States political organization or a United States person prominent in such organization, or a United States media organization or a United States person who is a member of such organization. Approval from an attorney of the Federal Bureau of Investigation if the query uses a query term reasonably believed to identify a United States religious organization or a United States person who is prominent in such organization. Approval from an attorney of the Federal Bureau of Investigation if such conduct involves batch job technology (or successor tool). A requirement that, prior to conducting a query using a United States person query term, personnel of the Federal Bureau of Investigation provide a written statement of the specific factual basis to support the reasonable belief that such query meets the standards required by the procedures adopted under paragraph (1). For each United States person query, the Federal Bureau of Investigation shall keep a record of the query term, the date of the conduct of the query, the identifier of the personnel conducting the query, and such written statement. Any system of the Federal Bureau of Investigation that stores unminimized contents or noncontents obtained through acquisitions authorized under subsection
(a)together with contents or noncontents obtained through other lawful means shall be configured in a manner that— requires personnel of the Federal Bureau of Investigation to affirmatively elect to include such unminimized contents or noncontents obtained through acquisitions authorized under subsection
(a)when running a query; or includes other controls reasonably expected to prevent inadvertent queries of such unminimized contents or noncontents. If the Foreign Intelligence Surveillance Court finds that the procedures adopted under paragraph
(1)include measures that are reasonably expected to result in similar compliance outcomes as the measures specified in clauses
(i)through
(iv)of this subparagraph, the Foreign Intelligence Surveillance Court may waive one or more of the requirements specified in such clauses. . Paragraph
(3)of section 702(f), as added by subsection
(a)of this section, is amended by adding at the end the following: The Director of the Federal Bureau of Investigation shall promptly notify appropriate congressional leadership of any query conducted by the Federal Bureau of Investigation using a query term that is reasonably believed to be the name or other personally identifying information of a member of Congress, and shall also notify the member who is the subject of such query. In this subparagraph, the term appropriate congressional leadership means the following: The chairs and ranking minority members of the congressional intelligence committees. The Speaker and minority leader of the House of Representatives. The majority and minority leaders of the Senate. In submitting a notification under clause (i), the Director shall give due regard to the protection of classified information, sources and methods, and national security. The Director may waive a notification required under clause
(i)if the Director determines such notification would impede an ongoing national security or law enforcement investigation. A waiver under subclause
(I)shall terminate on the date the Director determines the relevant notification would not impede the relevant national security or law enforcement investigation or on the date that such investigation ends, whichever is earlier. . Paragraph
(3)of section 702(f), as added by subsection
(a)of this section, is amended by adding after subparagraph (B), as added by subsection
(e)of this section, the following: The Federal Bureau of Investigation may not, for the exclusive purpose of supplementing the contents of a briefing on the defense against a counterintelligence threat to a member of Congress, conduct a query using a query term that is the name or restricted personal information (as such term is defined in section 119 of title 18, United States Code) of that member unless— the member provides consent to the use of the query term; or the Deputy Director of the Federal Bureau of Investigation determines that exigent circumstances exist sufficient to justify the conduct of such query. Not later than three business days after submitting a request for consent from a member of Congress under clause (i), the Director of the Federal Bureau of Investigation shall notify the appropriate congressional leadership, regardless of whether the member provided such consent. Not later than three business days after the conduct of a query under clause
(i)without consent on the basis of the existence of exigent circumstances determined under subclause
(II)of such clause, the Director of the Federal Bureau of Investigation shall notify the appropriate congressional leadership. Nothing in this subparagraph may be construed as— applying to matters outside of the scope of the briefing on the defense against a counterintelligence threat to be provided or supplemented under clause (i); or limiting the lawful investigative activities of the Federal Bureau of Investigation other than supplementing the contents of a briefing on the defense against a counterintelligence threat to a member of Congress. In this subparagraph, the term appropriate congressional leadership means the following: The chairs and ranking minority members of the congressional intelligence committees. The Speaker and minority leader of the House of Representatives. The majority and minority leaders of the Senate. .
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