[Congressional Record Volume 161, Number 86 (Monday, June 1, 2015)]
[Senate]
[Page S3410]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1459. Mr. PAUL (for himself and Mr. Wyden) 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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