[Congressional Record Volume 164, Number 9 (Tuesday, January 16, 2018)]
[Senate]
[Page S196]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1878. Mrs. FEINSTEIN (for herself, Ms. Harris, Mr. Leahy, and Mr. 
Lee) submitted an amendment intended to be proposed by her to the House 
Amendment to the bill S. 139, to implement the use of Rapid DNA 
instruments to inform decisions about pretrial release or detention and 
their conditions, to solve and prevent violent crimes and other crimes, 
to exonerate the innocent, to prevent DNA analysis backlogs, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 4, strike line 1 and all that follows 
     through page 7, line 16, and insert the following:
       ``(2) Requirements for access to communications of united 
     states persons.--
       ``(A) Court orders.--Except as provided under subparagraph 
     (C), in response to a query relating to a United States 
     person, the contents of queried communications acquired under 
     subsection (a) may be accessed only if--
       ``(i) the Attorney General submits to the Foreign 
     Intelligence Surveillance Court an application that 
     demonstrates that there is probable cause to believe that--

       ``(I) such contents may relate to a crime a specified in 
     section 2516 of title 18, United States Code; or
       ``(II) the individual is the agent of a foreign power; and

       ``(ii) a judge of the Foreign Intelligence Surveillance 
     Court reviews and approves such application.
       ``(B) Expeditious consideration.--Any application under 
     subparagraph (A) shall be considered by the Foreign 
     Intelligence Surveillance Court expeditiously and without 
     delay.
       ``(C) Exception.--If the Attorney General determines that 
     exigent circumstances require access to contents before an 
     order can be obtained, the Attorney General may access such 
     contents without an order for a maximum period of 7 days.
       ``(D) Reporting.--Not less frequently than once every 6 
     months, the Attorney General shall submit to the Committee on 
     the Judiciary and the Select Committee on Intelligence of the 
     Senate and the Committee on the Judiciary and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report containing the number of times the 
     Attorney General has made a determination under subparagraph 
     (C) in the previous 6 months.

       On page 15, strike lines 20 through 23.

       On page 42, line 15, strike ``Federal Bureau of 
     Investigation'' and insert ``Attorney General''.
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