[Congressional Record Volume 164, Number 9 (Tuesday, January 16, 2018)]
[Senate]
[Pages S204-S205]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1891. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him 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 2, strike line 14 and all that follows 
     through page 15, line 6, and insert the following:

     SEC. 101. CLARIFICATION ON PROHIBITION ON QUERYING OF 
                   COLLECTIONS OF COMMUNICATIONS TO CONDUCT 
                   WARRANTLESS QUERIES FOR THE COMMUNICATIONS OF 
                   UNITED STATES PERSONS AND PERSONS INSIDE THE 
                   UNITED STATES.

       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 querying of 
     collections of communications of united states persons and 
     persons inside the united states.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), no officer or employee of the United States may 
     conduct a query of information acquired under this section in 
     an effort to find communications of or about a particular 
     United States person or a person inside the United States.
       ``(B) Concurrent authorization and exception for emergency 
     situations.--Subparagraph (A) shall not apply to a query for 
     communications related to a particular United States person 
     or person inside the United States if--
       ``(i) such United States person or person inside the United 
     States 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 query has a reasonable 
     belief that the life or safety of such United States person 
     or person inside the United States is threatened and the 
     information is sought for the purpose of assisting that 
     person;
       ``(iii) such United States person or person in the United 
     States is a corporation; or
       ``(iv) such United States person or person inside the 
     United States has consented to the query.
       ``(C) Queries of federated data sets and mixed data.--If an 
     officer or employee of the United States conducts a query of 
     a data set, or of federated data sets, that includes any 
     information acquired under this section, the system shall be 
     configured not to return such information unless the officer 
     or employee enters a code or other information indicating 
     that--
       ``(i) the person associated with the search term is not a 
     United States person or person inside the United States; or
       ``(ii) if the person associated with the search term is a 
     United States person or person inside the United States, one 
     or more of the conditions of subparagraph (B) are satisfied.
       ``(D) Matters relating to emergency queries.--
       ``(i) Treatment of denials.--In the event that a query for 
     communications related to a particular United States person 
     or a person inside the United States is conducted pursuant to 
     an emergency authorization authorizing electronic 
     surveillance or a physical search described in subsection 
     (B)(i) and the application for such emergency authorization 
     is denied, or in any other case in which the query has been 
     conducted and no order is issued approving the query--

       ``(I) no information obtained or evidence derived from such 
     query may 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
       ``(II) no information concerning any United States person 
     acquired from such query may 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.

       ``(ii) Assessment of compliance.--The Attorney General 
     shall assess compliance with the requirements under clause 
     (i).''.

[[Page S205]]

  

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