,,ii #aaith ,,congress #b;d ,session ,s4 #dgch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #aj1 #bjbf,mr4 ,wyden introduced the following bill2 which was read twice and referred to the ,select ,committee on ,intelligence ,a ,,bill ,to implement reforms relating to foreign intelligence surveillance authorities1 protections relating to warrantless queries for the communications of ,united ,states persons1 and for other purposes4 #a4 ,protections relating to warrantless queries for the communications of ,united ,states persons 7a7 ,in general ,section #gjb7;f7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7f77 is amended-- 7#a7 in paragraph 7#a77;,a71 by inserting and the limitations and requirements in this subsection after ,constitution of the ,united ,states2 7#b7 in paragraph 7#e7-- 7,a7 by striking subparagraph 7,b71 and inserting the following3 7,b7 ,the term covered information means-- 7i7 communications content2 and 7ii7 information1 the compelled disclosure of which would require a probable cause warrant if sought for law enforcement purposes inside the ,united ,states4 7,c7 ,the term covered person means-- 7i7 a ,united ,states person2 or 7ii7 a person reasonably believed to be located in the ,united ,states-- 7,i7 at the time of the applicable query2 or 7,,ii7 at the time of the communication or creation of the information subject to the applicable query4 7,d7 ,the term covered query means a query that is conducted-- 7i7 using any terms associated with #a or more covered persons2 or 7ii7 for a significant purpose of detecting or retrieving information of or concerning #a or more covered persons4 7,e7 ,the term query-- 7i7 means the use of any technique1 whether manual or automated1 to detect or retrieve information obtained through acquisitions authorized under subsection 7a7 from within a system1 collection1 or assortment of information1 or a subset thereof2 and 7ii7 does not include the manual observation of retrieved information4 2 and 7#c7 by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,prohibition on warrantless access to the communications and other information of ,united ,states persons and persons located in the ,united ,states 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 no officer or employee of the ,federal ,government may access covered information returned in response to a covered query4 7,b7 ,exceptions for concurrent authorization1 consent1 emergency situations1 and certain defensive cybersecurity queries 7i7 ,in general ,subparagraph 7,a7 shall not apply if-- 7,i7 the covered person to whom the covered query relates is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section #aje1 #cjd1 #gjc or #gjd of this ,act1 or a warrant issued pursuant to the ,federal ,rules of ,criminal ,procedure by a court of competent jurisdiction1 if-- 7aa7 such order1 authorization1 or warrant is active at the time the covered query is conducted2 7bb7 the covered query is conducted and covered information is accessed in compliance with all use1 dissemination1 querying1 retention1 and other minimization limitations required by the order1 authorization1 or warrant2 and 7cc7 with respect to an emergency authorization1 the ,attorney ,general makes or has made an application to the ,foreign ,intelligence ,surveillance ,court in accordance with section #aje1 #cjd1 #gjc or #gjd1 as applicable2 7,,ii7 7aa7 the officer or employee accessing the covered information has a reasonable belief that-- 7,,aa7 an emergency exists involving an imminent threat of death or serious bodily harm2 and 7,,bb7 in order to prevent or mitigate the threat described in item 7aa71 the covered information must be accessed before authorization described in clause 7i7 can1 with due diligence1 be obtained2 and 7bb7 not later than #g days after the covered information is accessed1 a description of the circumstances justifying the accessing of the covered information is provided to the ,foreign ,intelligence ,surveillance ,court1 the congressional intelligence committees1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,senate2 7,,iii7 the covered person to whom the covered query relates or1 if such person is incapable of providing consent1 a third party legally authorized to consent on behalf of such person1 has provided consent for the access on a case-by-case basis2 or 7,,iv7 7aa7 the covered information is accessed and used for defensive cybersecurity purposes1 including the protection of a covered person from cybersecurity attack2 7bb7 other than for such defensive cybersecurity purposes1 no covered information is accessed or reviewed2 and 7cc7 not later than #g days after the covered information is accessed1 a description of the circumstances justifying the accessing of the covered information is provided to the ,foreign ,intelligence ,surveillance ,court1 the congressional intelligence committees1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,senate4 7ii7 ,matters relating to emergency queries 7,i7 ,treatment of denials of applications after emergency authorizations ,if the ,foreign ,intelligence ,surveillance ,court denies an application described in clause 7i77,i77cc71 the restrictions set forth in section #aje7;e77#e71 #cjd7;e77#e71 #gjc7;d77#d71 or #gjd7;d77#d71 as applicable1 shall apply4 7,,ii7 ,foreign ,intelligence ,surveillance ,court review of emergency exception 7aa7 ,in general ,not later than #g days after receipt of a description provided under clause 7i77,,ii77bb71 the ,foreign ,intelligence ,surveillance ,court shall determine whether the criteria set forth in clause 7i77,,ii77aa7 were met4 7bb7 ,submission ,the ,foreign ,intelligence ,surveillance ,court may require the submission of any additional information the ,court considers necessary to make the determination described in item 7aa74 7cc7 ,criteria not met ,if the ,foreign ,intelligence ,surveillance ,court determines that the criteria set forth in item 7aa7 of clause 7i77,,ii7 were not met1 no information obtained or evidence derived from the accessing of querying results shall be received in evidence1 or otherwise disclosed in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof1 and no information concerning any covered person acquired from accessing of the results of the covered query shall subsequently be used or disclosed in any other manner by ,federal officers or employees without the consent of such person1 except with the approval of the ,attorney ,general if the information indicates a threat of death or serious bodily harm to any person4 7dd7 ,submissions to ,congress ,not later than #g days after the determination described in item 7aa7 is made1 a copy of such determination shall be provided to the congressional intelligence committees1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,senate4 7iii7 ,assessment of compliance ,not less frequently than once each year1 the ,attorney ,general shall assess compliance with the requirements under subclauses 7,i77cc7 and 7,,ii77bb7 of clause 7i7 and subclauses 7,i7 and 7,,ii77cc7 of clause 7ii74 7,c7 ,foreign intelligence purpose required for queries 7i7 ,in general ,except as provided in clause 7ii71 no officer or employee of the ,federal ,government may conduct a query unless the query is-- 7,i7 reasonably likely to retrieve foreign intelligence information2 and 7,,ii7 is made with a significant foreign intelligence purpose4 7ii7 ,exceptions ,an officer or employee of the ,federal ,bureau of ,investigation may conduct a query if-- 7,i7 7aa7 the officer or employee conducting the query has a reasonable belief that-- 7,,aa7 an emergency exists involving an imminent threat of death or serious bodily harm2 and 7,,bb7 the query could reasonably be expected to assist in mitigating or eliminating that threat to life or serious bodily harm2 and 7bb7 not later than #g days after the query is conducted1 a description of the query is provided to the ,foreign ,intelligence ,surveillance ,court1 the congressional intelligence committees1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,senate2 or 7,,ii7 the query is necessary to identify information that must be produced or preserved in connection with a litigation matter or to fulfill discovery obligations in a criminal matter under the laws of the ,united ,states or any ,state4 7iii7 ,rule of construction ,nothing in this subparagraph shall be construed to limit any oversight or training activities required under any other provision of law4 7#c7 ,required documentation and query record system 7,a7 ,documentation ,no officer or employee of the ,federal ,government may conduct a query1 or access covered information returned in response to a covered query1 unless an electronic record is created that includes-- 7i7 for each query-- 7,i7 each term used for the conduct of the query2 7,,ii7 the date of the query2 7,,iii7 the identifier of the officer or employee who conducted the query2 and 7,,iv7 a statement of facts justifying that the query is reasonably likely to retrieve foreign intelligence information and the significant foreign intelligence purpose for the query or1 if an exception under subparagraph 7,d77ii7 applies1 a description of the basis for such exception2 and 7ii7 for each access-- 7,i7 the date of the access2 7,,ii7 the identifier of the officer or employee who did the particular access2 and 7,,iii7 a statement of facts showing that an access is authorized by an exception under subparagraph 7,b74 7,b7 ,query record system ,each head of an agency who is authorized to conduct a covered query shall ensure that a system1 mechanism1 or business practice is in place to maintain the records described in subparagraph 7,a71 including ensuring that any queries or accesses to covered information returned in response to covered queries1 that are conducted by automated means are attributed to the officer or employee who was the proximate cause of such query or access4 4 7b7 ,report on compliance with query record system requirement ,not later than #ij days after the date of enactment of this ,act1 each head of a ,federal agency described in section #gjb7;f77#c77;,b7 of such ,act1 as added by subsection 7a71 shall submit to the congressional intelligence committees1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,senate a report on the compliance of the ,federal agency with the requirement of such section4 7c7 ,conforming amendments ,section #gjb7;f7 of such ,act1 as amended by subsection 7a71 is further amended-- 7#a7 in the headings for subparagraph 7,b7 of paragraph 7#a71 subparagraph 7,a7 of paragraph 7#b71 and subparagraph 7,a7 of paragraph 7#c71 by striking ,united ,states person each place it appears and inserting covered person2 7#b7 in paragraph 7#f7-- 7,a7 in the heading1 by striking non-,united ,states persons and inserting noncovered persons2 and 7,b7 by striking non-,united ,states persons and inserting noncovered persons2 and 7#c7 in paragraphs 7#a7 through 7#f71 by striking ,united ,states person each place it appears and inserting covered person4 #b4 ,nine-month extension of section #gjb of the ,foreign ,intelligence ,surveillance ,act 7a7 ,extension of repeal date of title ,,vii ,section #djc7;b7 of the ,,fisa ,amendments ,act of #bjjh 7,public ,law #aaj-bfa7 is amended-- 7#a7 in paragraph 7#a7 7#ej ,u4,s4,c4 #ahha note71 by striking ,june #ab1 #bjbf and inserting ,march #ab1 #bjbg2 and 7#b7 in paragraph 7#b7 7#ah ,u4,s4,c4 #beaa note71 in the matter preceding subparagraph 7,a71 by striking ,june #ab1 #bjbf and inserting ,march #ab1 #bjbg4 7b7 ,effective date ,the amendment made by this section shall take effect on the earlier of the date of the enactment of this ,act or ,june #aa1 #bjbf4