S.Amdt. 1417

1. Adds SEC. 1073. EMERGENCY ACCESS TO BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND OTHER INVESTIGATIONS at the end of subtitle G of title X

   Adds a section

   In S. 1042 · Placed on Calendar Senate

   Section 21(a) of the Internal Security Act of 1950 (Public Law 81- 831; 64 Stat. 1005) is amended by inserting "or military or civilian director" after "military commander".

   Inserted: SEC. 1073. EMERGENCY ACCESS TO BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND OTHER INVESTIGATIONS.

   Inserted: (a) Emergency Access.--Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended--

   Inserted: (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

   Inserted: (2) by inserting after subsection (c) the following new subsection (d):

   Inserted: "(d)(1) Notwithstanding any other provision of this section, when the Attorney General reasonably determines that--

   Inserted: "(A) an emergency situation exists with respect to the production of tangible things for an investigation described in subsection (a) before an order authorizing production of such tangible things can with due diligence be obtained; and

   Inserted: "(B) the factual basis for the issuance of an order under this section to approve production of such tangible things exists, the Attorney General may issue an order requiring production of such tangible things, which order shall have the same effect as an order issued by the court established by section 103(a) if a judge having jurisdiction under section 103 is informed by the Attorney General, or a designee of the Attorney General, at the time of the issuance of such order that the Attorney General has made the decision to require production of such tangible things under this subsection and an application in accordance with this section is made to that judge as soon as practicable, but not later than 72 hours, thereafter.

   Inserted: "(2) In the event that an application under paragraph (1) is denied, or in any other case where no order is issued by the court established by section 103(a) approving access to tangible things, no information obtained or evidence derived from the production of tangible things under paragraph (1) shall 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 no information concerning any United States person acquired from the production of tangible things under paragraph (1) shall subsequently be used or disclosed in any other manner by any officer or employee of the Federal Government 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.

   Inserted: "(3) The denial of an application under paragraph (1) may be reviewed as provided in section 103.".

   Inserted: (b) Construction of Provisions of Act.--No provision of this Act may be construed to authorize the Federal Bureau of Investigation to utilize administrative subpoenas for foreign intelligence or national security investigations.

   Original wording

   At the end of subtitle G of title X, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed