[Congressional Record Volume 164, Number 12 (Friday, January 19, 2018)]
[Senate]
[Page S349]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1908. Mr. PAUL (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the bill H.R. 195, to amend title 44,
United States Code, to restrict the distribution of free printed copies
of the Federal Register to Members of Congress and other officers and
employees of the United States, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. LIMITATION ON USE OF FUNDS TO QUERY CERTAIN
COLLECTIONS OF COMMUNICATIONS OBTAINED UNDER
CERTAIN PROVISIONS OF THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
(a) In General.--Except as provided in subsection (b), none
of the amounts appropriated or otherwise made available by
this Act may be used to conduct a query of information
acquired under Section 702 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a) 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.--Subsection (a) shall not apply to a query for
communications related to a particular United States person
or person inside the United States if--
(1) 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 the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805, 1824,
1881b, and 1881d), or under title 18, United States Code, for
the effective period of that order;
(2) 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;
(3) such United States person or person in the United
States is a corporation; or
(4) such United States person or person inside the United
States has consented to the query.
(c) Queries of Federated Data Sets and Mixed Data.--In
addition to subsection (a), none of the amounts appropriated
or otherwise made available by this Act may be used to
conduct a query of a data set, or of federated data sets,
that includes any information acquired under Section 702 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1881a), unless the system has been configured to not return
such information unless the officer or employee enters a code
or other information indicating that--
(1) the person associated with the search term is not a
United States person or person inside the United States; or
(2) 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 paragraph (2) is satisfied.
(d) Matters Relating to Emergency Queries.--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)(1) 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, none of the amounts appropriated or otherwise made
available by this Act shall be used--
(1) to introduce or otherwise disclose information obtained
or evidence derived from such query 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; or
(2) to use or disclose information concerning any United
States person acquired from such query 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.
______