Sec. 101. QUERYING PROCEDURES REQUIRED
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## SEC. 101 QUERYING PROCEDURES REQUIRED ###
(a)Querying Procedures ####
(1)In general Section 702 (50 U.S.C. 1881a) is amended— #####
(A)by redesignating subsections
(f)through
(l)as subsections
(g)through (m), respectively; and #####
(B)by inserting after subsection
(e)the following new subsection: > > ### “(f) Queries > > > #### “(1) Procedures required > > > ##### “(A) Requirement to adopt > > The Attorney General, in consultation with the Director of National Intelligence, shall adopt querying procedures consistent with the requirements of the fourth amendment to the Constitution of the United States for information collected pursuant to an authorization under subsection (a). > > > ##### “(B) Record of united states person query terms > > The Attorney General, in consultation with the Director of National Intelligence, shall ensure that the procedures adopted under subparagraph
(A)include a technical procedure whereby a record is kept of each United States person query term used for a query. > > > ##### “(C) Judicial review > > The procedures adopted in accordance with subparagraph
(A)shall be subject to judicial review pursuant to subsection (j). > > > #### “(2) Access to results of certain queries conducted by fbi > > > ##### “(A) Court order required for fbi review of certain query results in criminal investigations unrelated to national security > > Except as provided by subparagraph (E), in connection with a predicated criminal investigation opened by the Federal Bureau of Investigation that does not relate to the national security of the United States, the Federal Bureau of Investigation may not access the contents of communications acquired under subsection
(a)that were retrieved pursuant to a query made using a United States person query term that was not designed to find and extract foreign intelligence information unless— > > > ###### “(i) > > the Federal Bureau of Investigation applies for an order of the Court under subparagraph (C); and > > > ###### “(ii) > > the Court enters an order under subparagraph
(D)approving such application. > > > ##### “(B) Jurisdiction > > The Court shall have jurisdiction to review an application and to enter an order approving the access described in subparagraph (A). > > > ##### “(C) Application > > Each application for an order under this paragraph shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under subparagraph (B). Each application shall require the approval of the Attorney General based upon the finding of the Attorney General that the application satisfies the criteria and requirements of such application, as set forth in this paragraph, and shall include— > > > ###### “(i) > > the identity of the Federal officer making the application; and > > > ###### “(ii) > > an affidavit or other information containing a statement of the facts and circumstances relied upon by the applicant to justify the belief of the applicant that the contents of communications described in subparagraph
(A)covered by the application would provide evidence of— > > > ###### “(I) > > criminal activity; > > > ###### “(II) > > contraband, fruits of a crime, or other items illegally possessed by a third party; or > > > ###### “(III) > > property designed for use, intended for use, or used in committing a crime. > > > ##### “(D) Order > > Upon an application made pursuant to subparagraph (C), the Court shall enter an order approving the accessing of the contents of communications described in subparagraph
(A)covered by the application if the Court finds probable cause to believe that such contents would provide any of the evidence described in subparagraph (C)(ii). > > > ##### “(E) Exception > > The requirement for an order of the Court under subparagraph
(A)to access the contents of communications described in such subparagraph shall not apply with respect to a query if the Federal Bureau of Investigation determines there is a reasonable belief that such contents could assist in mitigating or eliminating a threat to life or serious bodily harm. > > > ##### “(F) Rule of construction > > Nothing in this paragraph may be construed as— > > > ###### “(i) > > limiting the authority of the Federal Bureau of Investigation to conduct lawful queries of information acquired under subsection (a); > > > ###### “(ii) > > limiting the authority of the Federal Bureau of Investigation to review, without a court order, the results of any query of information acquired under subsection
(a)that was reasonably designed to find and extract foreign intelligence information, regardless of whether such foreign intelligence information could also be considered evidence of a crime; or > > > ###### “(iii) > > prohibiting or otherwise limiting the ability of the Federal Bureau of Investigation to access the results of queries conducted when evaluating whether to open an assessment or predicated investigation relating to the national security of the United States. > > > #### “(3) Definitions > > In this subsection: > > > ##### “(A) > > The term ‘contents’ has the meaning given that term in section 2510(8) of title 18, United States Code. > > > ##### “(B) > > The term ‘query’ means the use of one or more terms to retrieve the unminimized contents or noncontents located in electronic and data storage systems of communications of or concerning United States persons obtained through acquisitions authorized under subsection (a).” > . ####
(2)Application Subsection
(f)of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as added by paragraph (1), shall apply with respect to certifications submitted under subsection
(h)of such section to the Foreign Intelligence Surveillance Court after January 1, 2018. ###
(b)Conforming Amendments ####
(1)Amendments to section 702 of fisa Such section 702 is further amended— #####
(A)in subsection (a), by striking “with subsection (i)(3)” and inserting “with subsection (j)(3)”; #####
(B)in subsection (c)— ######
(i)in paragraph (1)(B), by striking “with subsection (g)” and inserting “with subsection (h)”; ######
(ii)in paragraph (2), by striking “to subsection (i)(3)” and inserting “to subsection (j)(3)”; and ######
(iii)in paragraph (3)— ######
(I)in subparagraph (A), by striking “with subsection (g)” and inserting “with subsection (h)”; and ######
(II)in subparagraph (B)— ######
(aa)by striking “to subsection (i)(1)(C)” and inserting “to subsection (j)(1)(C)”; and ######
(bb)by striking “under subsection (i)” and inserting “under subsection (j)”; #####
(C)in subsection (d)(2), by striking “to subsection (i)” and inserting “to subsection (j)”; #####
(D)in subsection (e)(2), by striking “to subsection (i)” and inserting “to subsection (j)”; #####
(E)in subsection (h), as redesignated by subsection (a)(1)— ######
(i)in paragraph (2)(A)(iii), by striking “with subsection (f)” and inserting “with subsection (g)”; ######
(ii)in paragraph (3), by striking “with subsection (i)(1)(C)” and inserting “with subsection (j)(1)(C)”; and ######
(iii)in paragraph (6), by striking “to subsection (i)” and inserting “to subsection (j)”; #####
(F)in subsection (j), as redesignated by subsection (a)(1)— ######
(i)in paragraph (1)— ######
(I)in subparagraph (A), by striking “targeting and minimization procedures adopted in accordance with subsections
(d)and (e)” and inserting “targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)”; ######
(II)in subparagraph (B), by striking “targeting and minimization procedures adopted in accordance with subsections
(d)and (e)” and inserting “targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)”; and ######
(III)in subparagraph (C), by striking “targeting and minimization procedures adopted in accordance with subsections
(d)and (e)” and inserting “targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)”; ######
(ii)in paragraph (2)— ######
(I)in subparagraph (A), by striking “with subsection (g)” and inserting “with subsection (h)”; and ######
(II)by adding at the end the following: > > ##### “(D) Querying procedures > > The querying procedures adopted in accordance with subsection (f)(1) to assess whether such procedures comply with the requirements of such subsection.” > ; ######
(iii)in paragraph (3)— ######
(I)in subparagraph (A)— ######
(aa)by striking “with subsection (g)” and inserting “with subsection (h)”; and ######
(bb)by striking “targeting and minimization procedures adopted in accordance with subsections
(d)and (e)” and inserting “targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)”; and ######
(II)in subparagraph (B), in the matter before clause (i)— ######
(aa)by striking “with subsection (g)” and inserting “with subsection (h)”; and ######
(bb)by striking “with subsections
(d)and (e)” and inserting “with subsections (d), (e), and (f)(1)”; and ######
(iv)in paragraph (5)(A)— ######
(I)by striking “with subsection (g)” and inserting “with subsection (h)”; and ######
(II)by striking “with subsections
(d)and (e)” and inserting “with subsections (d), (e), and (f)(1)”; and #####
(G)in subsection (m), as redesignated by subsection (a)(1)— ######
(i)in paragraph (1), in the matter before subparagraph (A)— ######
(I)by striking “targeting and minimization procedures adopted in accordance with subsections
(d)and (e)” and inserting “targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)”; and ######
(II)by striking “with subsection (f)” and inserting “with subsection (g)”; and ######
(ii)in paragraph (2)(A)— ######
(I)by striking “targeting and minimization procedures adopted in accordance with subsections
(d)and (e)” and inserting “targeting, minimization, and querying procedures adopted in accordance with subsections (d), (e), and (f)(1)”; and ######
(II)by striking “with subsection (f)” and inserting “with subsection (g)”. ####
(2)Amendments to fisa The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further amended— #####
(A)by striking “section 702(h)” each place it appears and inserting “section 702(i)”; #####
(B)by striking “section 702(g)” each place it appears and inserting “section 702(h)”; and #####
(C)in section 707(b)(1)(G)(ii), by striking “subsections (d), (e), and (f)” and inserting “subsections (d), (e), (f)(1), and (g)”. ####
(3)Amendments to fisa amendments act of 2008 Section 404 of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 (Public Law 110-261; 50 U.S.C. 1801 note) is amended— #####
(A)in subsection (a)(7)(B)— ######
(i)by striking “under section 702(i)(3)” and inserting “under section 702(j)(3)”; and ######
(ii)by striking “of section 702(i)(4)” and inserting “of section 702(j)(4)”; #####
(B)in subsection (b)— ######
(i)in paragraph (3)— ######
(I)in subparagraph (A), by striking “to section 702(h)” and inserting “to section 702(i)”; and ######
(II)in subparagraph (B)— ######
(aa)by striking “section 702(h)(3) of” and inserting “section 702(i)(3) of”; and ######
(bb)by striking “to section 702(h)” and inserting “to section 702(i)”; and ######
(ii)in paragraph (4)— ######
(I)in subparagraph (A), by striking “and sections 702(l)” and inserting “and sections 702(m)”; and ######
(II)in subparagraph (B)(iv), by striking “or section 702(l)” and inserting “or section 702(m)”.
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- Pub. L. 110-261
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