Protections related to warrantless queries for the communications of United States persons and persons located in the United States

(a) Definitions In this section: (1) Covered information The term covered information includes— (A) communications content; and (B) information, the compelled disclosure of which would require a probable cause warrant if sought for law enforcement purposes inside the United States. (2) Covered query The term covered query means a query— (A) using a term associated with 1 or more covered persons; or (B) for a significant purpose of retrieving information of, or concerning 1 or more covered persons. (3) Query (A) In general The term query means the use of 1 or more terms, whether conducted through manual or automated means, to retrieve any information described in subparagraph (B), including retrieval from a subset of such information, whether that subset was created by retrieval through a query or other means. (B) Information described The information described in this subparagraph is information that was acquired for foreign intelligence purposes, other than acquisitions authorized by the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), regardless of whether such acquisition occurred inside or outside the United States. (b) In general Except as provided in subsections (c) and (d), no officer or employee of the Federal Government may access covered information returned in response to a covered query. (c) Exceptions for concurrent authorization, consent, emergency situations, and certain defensive cybersecurity queries Subsection (b) shall not apply if— (1) 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 105 or 304 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805, 1824), or a warrant issued pursuant to the Federal Rules of Criminal Procedure by a court of competent jurisdiction if— (A) such order, authorization, or warrant covers the period of the covered query; and (B) the covered query is conducted and covered information is accessed in compliance with all use, dissemination, querying, retention, and other minimization limitations required by the order, authorization, or warrant; (2) (A) the officer or employee accessing the covered information has a reasonable belief that— (i) an emergency exists involving an imminent threat of death or serious bodily harm; and (ii) in order to prevent or mitigate the threat described in clause (i), the query must be conducted before authorization described in subparagraph (A) can, with due diligence, be obtained; and (B) not later than 14 days after the covered information is accessed, a description of the circumstances justifying the accessing of the covered information is provided to the congressional intelligence committees in a timely manner; (3) the covered person to whom the covered query relates or, if such person is incapable of providing consent, a third party legally authorized to consent on behalf of the person, has provided consent for such access on a case-by-case basis; or (4) (A) the covered information is used for defensive cybersecurity purposes, including the protection of a covered person from cybersecurity attack; (B) other than for such defensive cybersecurity purposes, no covered information is accessed or reviewed; and (C) not later than 14 days after the covered information is accessed, a description of the circumstances justifying the accessing of the covered information is provided to the congressional intelligence committees. (d) Matters relating to emergency queries (1) Treatment of denials If covered information is accessed pursuant to an emergency authorization described in subsection (c)(1) and the subsequent application to authorize electronic surveillance, a physical search, or an acquisition pursuant to section 105(e) or 304(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e), 1824(e)) is denied, or in any other case in which covered information is accessed in violation of this section— (A) no covered information accessed, or evidence derived from such access, 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 (B) no covered information accessed, or evidence derived from such access, concerning a covered person may subsequently be used or disclosed in any other manner without the consent of such covered person, except if the Attorney General approves the use or disclosure of such covered information in order to prevent the death of or serious bodily harm to any person. (2) Assessment of compliance Not less frequently than annually, the Attorney General shall assess compliance with the requirements under paragraph (1). (e) Foreign Intelligence Surveillance Act of 1978 This section shall not apply to the access of covered information collected pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (f) Foreign intelligence purpose required for queries (1) In general Except as provided in paragraph (2), no officer or employee of the Federal Government may conduct a query unless the query is— (A) reasonably likely to retrieve foreign intelligence information; and (B) made with a significant foreign intelligence purpose. (2) Exceptions An officer or employee of the Federal Government is permitted to conduct a query if an exception described in clauses (i) and (ii) of section 702(f)(2)(B) of the Foreign Intelligence Surveillance Act of 1978, as amended by section 101, applies. (g) Documentation No officer or employee of the Federal Government may conduct a covered query, or access covered information returned in response to a covered query, unless an electronic record is created that includes— (1) for each query— (A) each term used for the conduct of the query; (B) the date of the covered query; (C) the identifier of the officer or employee who conducted the covered query; (D) a statement of facts justifying that it is reasonably likely to retrieve foreign intelligence information or an exception under subsection (f)(2) applies; and (E) a description of the basis for the exception; and (2) for each access— (A) the date of the access; (B) the identifier of the officer or employee who did the particular access; and (C) a statement of facts showing that an access is authorized by an exception under subsection (c). (h) Query record system (1) In general The head of each agency that may conduct a covered query shall ensure that a system, mechanism, or business practice is in place to maintain the records described in subsection (g), including ensuring that any covered queries, or accesses to covered information returned in response to covered queries, that are conducted by automated means are attributed to the officer or employee who was the proximate cause of such covered query or access. (2) Compliance report Not later than 90 days after the date of the enactment of this Act, the head of each applicable agency shall report to the congressional intelligence committees on its compliance with paragraph (1).