Sec. 103. Federal Bureau of Investigation compliance requirements
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Section 702(f) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(f) ), as amended by section 102, is further amended— by redesignating paragraph
(3)as paragraph (5); and by inserting after paragraph
(2)the following: For any procedures adopted under paragraph
(1)for the Federal Bureau of Investigation, the Attorney General, in consultation with the Director of National Intelligence, shall also ensure that the procedures— prohibit personnel of the Bureau from conducting any query, unless such personnel successfully complete relevant training; require that all systems of the Bureau that store unminimized contents or noncontents obtained through acquisitions authorized under subsection
(a)together with contents or noncontents obtained through other lawful means must— be configured such that personnel of the Bureau must affirmatively opt-in in order to include such unminimized contents or noncontents obtained through acquisitions authorized under subsection
(a)when running a query; or contain other controls reasonably expected to prevent inadvertent queries of unminimized contents or noncontents obtained through acquisitions authorized under subsection (a); require prior approval from an attorney of the Bureau for any query using the Bureau’s batch job technology or a successor tool, absent exigent circumstances; require prior approval, absent exigent circumstances, from the Director of the Bureau, the Deputy Director of the Bureau, or the Executive Assistant Director for the National Security Branch of the Bureau, in coordination with the General Counsel of the Bureau or an attorney designated by the General Counsel to provide appropriate legal review, for any 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 an individual prominent in such organization; a United States news media or a member of a United States news media; or a United States religious organization or an individual prominent in such organization; and require that, prior to conducting a query using a United States person query term, personnel of the Bureau provide a written statement of the specific factual basis to believe that such query meets the standard required by the procedures adopted under paragraph (1). The Director of the Federal Bureau of Investigation shall develop a technical procedure whereby a record is kept of each written statement provided pursuant to subparagraph (A)(v). If the Foreign Intelligence Surveillance Court finds that the procedures adopted under paragraph
(1)for the Federal Bureau of Investigation include measures that are reasonably expected to result in similar compliance outcomes as the measures specified in clauses
(i)through
(v)of subparagraph (A), the Foreign Intelligence Surveillance Court may waive one or more of the requirements specified in such clauses. The Director of the Federal Bureau of Investigation shall adopt accountability procedures which shall be reasonably designed to ensure investigation, consequences, and disciplinary action, where appropriate, for query compliance incidents. The Director of the Federal Bureau of Investigation shall— provide the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives the procedures adopted in accordance with subparagraph (A); and promptly provide to such committees notice whenever any material change is made to the procedures adopted in accordance with subparagraph (A). .
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Sec. 103
Federal Bureau of Investigation compliance requirements
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