S.Amdt. 3438

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

SA 3438. Mr. WYDEN (for himself, Mr. Udall of Colorado, Mr. Lee, Mr.
Durbin, Mr. Merkley, Mr. Udall of New Mexico, Mr. Begich, Mr. Franken,
Mr. Webb, Mrs. Shaheen, Mr. Tester, Mr. Bingaman, and Mr. Lautenberg)
submitted an amendment intended to be proposed by him to the bill H.R.
5949, to extend the FISA Amendments Act of 2008 for five years; which
was ordered to lie on the table.

       At the appropriate place, insert the following:

[[Page S8454]]

     SEC. _. CLARIFICATION ON PROHIBITION ON SEARCHING OF
                   COLLECTIONS OF COMMUNICATIONS OF UNITED STATES
                   PERSONS.

       Section 702 of the Foreign Intelligence Surveillance Act of
     1978 (50 U.S.C. 1881a) is amended--
       (1) in subsection (b), 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) does 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, or 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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