(a) Requirement
Paragraph (1) of subsection (n) of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) is amended to read as follows:
(1) Restriction
The Federal Bureau of Investigation may not ingest unminimized information acquired under this section into its analytic repositories unless the targeted person is relevant to an existing, open, predicated full national security investigation by the Federal Bureau of Investigation. If the subject of such predicated, full national security investigation is a United States person, for purposes of this paragraph, the investigation must be supported by probable cause.
(b) Requirement
Section 702 of such Act is further amended by adding at the end the following new subsection:
(1) Prohibition
Pursuant to subsection (b), no officer or employee of the United States Government may intentionally target for acquisition the communications of a United States person pursuant to an authorization issued under subsection (a). Pursuant to other provisions of this Act and the Federal Rules of Criminal Procedure, the Government may seek a warrant or other appropriate order supported by a probable cause showing to target for collection the communications of a United States person if there exists probable cause that the United States person to whom such communications relate—
(A) is a foreign power or an agent of foreign power, in which circumstances the Government may seek authorization for electronic surveillance in accordance with title I, a physical search in accordance with title III, or for acquisitions in accordance with section 703, 704, or 705; or
(B) is committing or has committed a crime, in which circumstances the Government may seek a warrant issued pursuant to the Federal Rules of Criminal Procedure by a court of competent jurisdiction.
(2) Procedures and standards
The Attorney General and the Director of National Intelligence shall jointly establish procedures and standards for officers and employees of the United States Government to determine the existence of probable cause described in paragraph (1).
(3) Savings provision
Nothing in this subsection shall be construed to limit the authority of the Government under any applicable laws or the Constitution of the United States.
(c) Use of information
Paragraph (2) of section 706(a) of such Act (50 U.S.C. 1881e(a)) is amended to read as follows:
(2) United States persons
Any information concerning a United States person acquired under section 702 may not be used in evidence against that United States person pursuant to paragraph (1) in any criminal proceeding if such information was acquired in violation of subsection (o) of such section.
Section 3. Additional criminal penalties
Section 709 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881h) is amended to read as follows (and conform the table of contents at the beginning of such Act accordingly):
Section 4. Attendance procedures for Member access to the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review
Not later than 60 days after the date of the enactment of this Act, the Attorney General shall—
(1) revoke the procedures issued by the Attorney General on or before December 31, 2025, pursuant to section 5(d) of the Reforming Intelligence and Securing America Act (Public Law 118–49; 50 U.S.C. 1803 note); and
(2) issue new procedures that comply with such section and ensure the access of the Members of Congress and staff specified in such section to any proceeding of the Foreign Intelligence Surveillance Court or any proceeding of the Foreign Intelligence Surveillance Court of Review.
Section 5. Requirement for attorney approval of FBI queries using United States person query term
Section 702(f)(3)(A)(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(f)(3)(A)(i)) is amended by striking supervisor (or employee of equivalent or greater rank) or.
(a) Audit
The Comptroller General of the United States, consistent with the protection of sensitive sources and methods, shall conduct an audit of the targeting procedures used for acquisitions under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), including the technical mechanisms, implementation, and operations used by the Federal Government for targeting capabilities.
(b) Report
Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report containing the results of the audit required by subsection (a), including an analysis of whether the targeting procedures as implemented are appropriately limiting targeting under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) to non-United States persons located outside of the United States.