[Congressional Record Volume 170, Number 68 (Thursday, April 18, 2024)]
[Senate]
[Pages S2898-S2899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1833. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 7888, to reform the Foreign Intelligence 
Surveillance Act of 1978; which was ordered to lie on the table; as 
follows:

       On page 15, strike line 3 and all that follows through page 
     16, line 4, and insert the following:
       (a) Prohibition on Warrantless Queries for the 
     Communications of United States Persons.--
       (1) In general.--Section 702(f) is amended--
       (A) by redesignating paragraph (5), as redesignated by 
     section 2(a)(1) of this Act, as paragraph (9);

[[Page S2899]]

       (B) by redesignating paragraph (4), as added by section 
     16(a)(1) of this Act, as paragraph (8);
       (C) by redesignating paragraph (3), as added by section 
     2(a)(2) of this Act, as paragraph (7);
       (D) in paragraph (1)(A) by inserting ``and the limitations 
     and requirements in paragraph (2)'' after ``Constitution of 
     the United States''; and
       (E) by striking paragraph (2) and inserting the following:
       ``(2) Prohibition on warrantless queries for the 
     communications and other information of united states 
     persons.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), no officer or employee of any agency that receives 
     any information obtained through an acquisition under this 
     section may conduct a query of information acquired under 
     this section for the purpose of finding communications or 
     information the compelled production of which would require a 
     probable cause warrant if sought for law enforcement purposes 
     in the United States, of a United States person.
       ``(B) Exceptions for concurrent authorization, consent, 
     emergency situations, and certain defensive cybersecurity 
     queries.--
       ``(i) In general.--Subparagraph (A) shall not apply to a 
     query related to a United States person if--

       ``(I) such person is the subject of an order or emergency 
     authorization authorizing electronic surveillance or physical 
     search under section 105 (50 U.S.C. 1805) or section 304 (50 
     U.S.C. 1824) of this Act, or a warrant issued pursuant to the 
     Federal Rules of Criminal Procedure by a court of competent 
     jurisdiction;
       ``(II)(aa) the officer or employee conducting the query has 
     a reasonable belief that--

       ``(AA) an emergency exists involving an imminent threat of 
     death or serious bodily harm; and
       ``(BB) in order to prevent or mitigate the threat described 
     in subitem (AA), the query must be conducted before 
     authorization described in subclause (I) can, with due 
     diligence, be obtained; and

       ``(bb) a description of the query is provided to the 
     Foreign Intelligence Surveillance Court and the congressional 
     intelligence committees and the Committees on the Judiciary 
     of the House of Representatives and of the Senate in a timely 
     manner;
       ``(III) such person or, if such person is incapable of 
     providing consent, a third party legally authorized to 
     consent on behalf of such person, has provided consent to the 
     query on a case-by-case basis; or
       ``(IV)(aa) the query uses a known cybersecurity threat 
     signature as a query term;
       ``(bb) the query is conducted, and the results of the query 
     are used, for the sole purpose of identifying targeted 
     recipients of malicious software and preventing or mitigating 
     harm from such malicious software;
       ``(cc) no additional contents of communications acquired as 
     a result of the query are accessed or reviewed; and
       ``(dd) each such query is reported to the Foreign 
     Intelligence Surveillance Court.

       ``(ii) Limitations.--

       ``(I) Use in subsequent proceedings.--No information 
     acquired pursuant to a query authorized under clause (i)(II) 
     or information derived from the information acquired pursuant 
     to such query may be used, received in evidence, or otherwise 
     disseminated in any 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, 
     except in a proceeding that arises from the threat that 
     prompted the query.
       ``(II) Assessment of compliance.--Not less frequently than 
     annually, the Attorney General shall assess compliance with 
     the requirements under subclause (I).

       ``(C) Matters relating to emergency queries.--
       ``(i) Treatment of denials.--In the event that a query for 
     communications or information, the compelled production of 
     which would require a probable cause warrant if sought for 
     law enforcement purposes in the United States, of a United 
     States person is conducted pursuant to an emergency 
     authorization described in subparagraph (B)(i)(I) and the 
     subsequent application for such surveillance pursuant to 
     section 105(e) (50 U.S.C. 1805(e)) or section 304(e) (50 
     U.S.C. 1824(e)) of this Act is denied, or in any other case 
     in which the query has been conducted in violation of this 
     paragraph--

       ``(I) no information acquired or evidence derived from such 
     query may be used, received in evidence, or otherwise 
     disseminated in any 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
       ``(II) no information concerning any United States person 
     acquired from such query may subsequently be used or 
     disclosed in any other manner without the consent of such 
     person, except in the case that the Attorney General approves 
     the use or disclosure of such information in order to prevent 
     death or serious bodily harm to any person.

       ``(ii) Assessment of compliance.--Not less frequently than 
     annually, the Attorney General shall assess compliance with 
     the requirements under clause (i).
       ``(D) Foreign intelligence purpose.--Except as provided in 
     subclauses (II) through (IV) of subparagraph (B)(i), no 
     officer or employee of any agency that receives any 
     information obtained through an acquisition under this 
     section may conduct a query of information acquired under 
     this section for the purpose of finding information of a 
     United States person unless the query is reasonably likely to 
     retrieve foreign intelligence information.
       ``(3) Documentation.--No officer or employee of any agency 
     that receives any information obtained through an acquisition 
     under this section may conduct a query of information 
     acquired under this section for the purpose of finding 
     information of or about a United States person, unless an 
     electronic record is created that includes the following:
       ``(A) Each term used for the conduct of the query.
       ``(B) The date of the query.
       ``(C) The identifier of the officer or employee.
       ``(D) A statement of facts showing that the use of each 
     query term included under subparagraph (A)--
       ``(i) falls within an exception specified in paragraph 
     (2)(B)(i); and
       ``(ii) is--

       ``(I) reasonably likely to retrieve foreign intelligence 
     information; or
       ``(II) in furtherance of an exception described in 
     subclauses (II) through (IV) of paragraph (2)(B)(i).

       ``(4) Query record system.--The head of each agency that 
     conducts queries shall ensure that a system, mechanism, or 
     business practice is in place to maintain the records 
     described in paragraph (3). Not later than 90 days after 
     enactment of this paragraph, the head of each agency shall 
     report to Congress on its compliance with this procedure.
       ``(5) Prohibition on results of metadata query as a basis 
     for access to communications and other protected 
     information.--If a query of information acquired under this 
     section is conducted for the purpose of finding 
     communications metadata of a United States person and the 
     query returns such metadata, the communications content 
     associated with the metadata may not be reviewed except as 
     provided under paragraph (2)(B)(i) of this subsection.
       ``(6) Federated datasets.--The prohibitions and 
     requirements under this subsection shall apply to queries of 
     federated and mixed datasets that include information 
     acquired under this section, unless each agency has 
     established a system, mechanism, or business practice to 
     limit the query to information not acquired under this 
     section.''.
       (2) Conforming amendments.--
       (A) Section 603(b)(2) is amended, in the matter preceding 
     subparagraph (A), by striking ``, including pursuant to 
     subsection (f)(2) of such section,''.
       (B) Section 706(a)(2)(A)(i) is amended by striking 
     ``obtained an order of the Foreign Intelligence Surveillance 
     Court to access such information pursuant to section 
     702(f)(2)'' and inserting ``accessed such information in 
     accordance with section 702(b)(2)''.
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