[Congressional Record Volume 161, Number 86 (Monday, June 1, 2015)]
[Senate]
[Page S3408]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1455. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill H.R. 2048, to reform the 
authorities of the Federal Government to require the production of 
certain business records, conduct electronic surveillance, use pen 
registers and trap and trace devices, and use other forms of 
information gathering for foreign intelligence, counterterrorism, and 
criminal purposes, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CLARIFICATION ON PROHIBITION ON SEARCHING OF 
                   COLLECTIONS OF COMMUNICATIONS TO CONDUCT 
                   WARRANTLESS SEARCHES FOR THE COMMUNICATIONS OF 
                   UNITED STATES PERSONS.

       Section 702(b) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1881a(b)) is amended--
       (1) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively, and indenting 
     such subparagraphs, as so redesignated, an additional two ems 
     from the left margin;
       (2) by striking ``An acquisition'' and inserting the 
     following:
       ``(1) In general.--An acquisition''; and
       (3) by adding at the end the following:
       ``(2) Clarification on prohibition on searching of 
     collections of communications of united states persons.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no officer or employee of the United States may conduct a 
     search of a collection of communications acquired under this 
     section in an effort to find communications of a particular 
     United States person (other than a corporation).
       ``(B) Concurrent authorization and exception for emergency 
     situations.--Subparagraph (A) shall not apply to a search for 
     communications related to a particular United States person 
     if--
       ``(i) such United States person is the subject of an order 
     or emergency authorization authorizing electronic 
     surveillance or physical search under section 105, 304, 703, 
     704, or 705 of this Act, or under title 18, United States 
     Code, for the effective period of that order;
       ``(ii) the entity carrying out the search has a reasonable 
     belief that the life or safety of such United States person 
     is threatened and the information is sought for the purpose 
     of assisting that person; or
       ``(iii) such United States person has consented to the 
     search.''.
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