A bill to implement reforms relating to foreign intelligence surveillance authorities, protections relating to warrantless queries for the communications of United States persons, and for other purposes.

committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate;(III)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 such person, has provided consent for the access on a case-by-case basis; or(IV)(aa)the covered information is accessed and used for defensive cybersecurity purposes, including the protection of a covered person from cybersecurity attack;(bb)other than for such defensive cybersecurity purposes, no covered information is accessed or reviewed; and(cc)not later than 7 days after the covered information is accessed, a description of the circumstances justifying the accessing of the covered information is provided to the Foreign Intelligence Surveillance Court, the congressional intelligence committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate.(ii)Matters relating to emergency queries(I)Treatment of denials of applications after emergency authorizationsIf the Foreign Intelligence Surveillance Court denies an application described in clause (i)(I)(cc), the restrictions set forth in section 105(e)(5), 304(e)(5), 703(d)(4), or 704(d)(4), as applicable, shall apply.(II)Foreign Intelligence Surveillance Court review of emergency exception(aa)In generalNot later than 7 days after receipt of a description provided under clause (i)(II)(bb), the Foreign Intelligence Surveillance Court shall determine whether the criteria set forth in clause (i)(II)(aa) were met.(bb)SubmissionThe Foreign Intelligence Surveillance Court may require the submission of any additional information the Court considers necessary to make the determination described in item (aa).(cc)Criteria not metIf the Foreign Intelligence Surveillance Court determines that the criteria set forth in item (aa) of clause (i)(II) were not met, no information obtained or evidence derived from the accessing of querying results shall be received in evidence, or otherwise disclosed 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 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 person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.(dd)Submissions to CongressNot later than 7 days after the determination described in item (aa) is made, a copy of such determination shall be provided to the congressional intelligence committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate.(iii)Assessment of complianceNot less frequently than once each year, the Attorney General shall assess compliance with the requirements under subclauses (I)(cc) and (II)(bb) of clause (i) and subclauses (I) and (II)(cc) of clause (ii).(C)Foreign intelligence purpose required for queries(i)In generalExcept as provided in clause (ii), no officer or employee of the Federal Government may conduct a query unless the query is—(I)reasonably likely to retrieve foreign intelligence information; and(II)is made with a significant foreign intelligence purpose.(ii)ExceptionsAn officer or employee of the Federal Bureau of Investigation may conduct a query if—(I)(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)the query could reasonably be expected to assist in mitigating or eliminating that threat to life or serious bodily harm; and(bb)not later than 7 days after the query is conducted, a description of the query is provided to the Foreign Intelligence Surveillance Court, the congressional intelligence committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate; or(II)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 State.(iii)Rule of constructionNothing in this subparagraph shall be construed to limit any oversight or training activities required under any other provision of law.(3)Required documentation and query record system(A)DocumentationNo officer or employee of the Federal Government may conduct a query, or access covered information returned in response to a covered query, unless an electronic record is created that includes—(i)for each query—(I)each term used for the conduct of the query;(II)the date of the query;(III)the identifier of the officer or employee who conducted the query; and(IV)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 or, if an exception under subparagraph (D)(ii) applies, a description of the basis for such exception; and(ii)for each access—(I)the date of the access;(II)the identifier of the officer or employee who did the particular access; and(III)a statement of facts showing that an access is authorized by an exception under subparagraph (B).(B)Query record systemEach head of an agency who is authorized to conduct a covered query shall ensure that a system, mechanism, or business practice is in place to maintain the records described in subparagraph (A), including ensuring that any 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 query or access..(b)Report on compliance with query record system requirementNot later than 90 days after the date of enactment of this Act, each head of a Federal agency described in section 702(f)(3)(B) of such Act, as added by subsection (a), shall submit to the congressional intelligence committees, the Committee on the Judiciary of the House of Representatives, and the Committee on the Judiciary of the Senate a report on the compliance of the Federal agency with the requirement of such section.(c)Conforming amendmentsSection 702(f) of such Act, as amended by subsection (a), is further amended—(1)in the headings for subparagraph (B) of paragraph (1), subparagraph (A) of paragraph (2), and subparagraph (A) of paragraph (3), by striking United States person each place it appears and inserting covered person;(2)in paragraph (6)—(A)in the heading, by striking non-United States persons and inserting noncovered persons; and(B)by striking non-United States persons and inserting noncovered persons; and(3)in paragraphs (1) through (6), by striking United States person each place it appears and inserting covered person.2.Nine-month extension of section 702 of the Foreign Intelligence Surveillance Act(a)Extension of repeal date of title VIISection 403(b) of the FISA Amendments Act of 2008 (Public Law 110–261) is amended—(1)in paragraph (1) (50 U.S.C. 1881 note), by striking June 12, 2026 and inserting March 12, 2027; and(2)in paragraph (2) (18 U.S.C. 2511 note), in the matter preceding subparagraph (A), by striking June 12, 2026 and inserting March 12, 2027.(b)Effective dateThe amendment made by this section shall take effect on the earlier of the date of the enactment of this Act or June 11, 2026.