S.Amdt. 1875

SA 1875. Mr. LEE (for himself, Mr. Leahy, Mr. Daines, and Mr.
Blumenthal) submitted an amendment intended to be proposed by him 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:

On page 4, strike line 1 and all that follows through page
7, line 16, and insert the following:
``(2) Requirements for access and dissemination of
collections of communications.--
``(A) Court orders.--
``(i) In general.--Except as provided under subparagraph
(C), in response to a query relating to a United States
person or a person reasonably believed to be located in the
United States, the contents of queried communications
acquired under subsection (a) may be accessed or disseminated
only if--

``(I) the Attorney General submits to the Foreign
Intelligence Surveillance Court an application that
demonstrates that--

``(aa) there is probable cause to believe that--
``(AA) such contents provide evidence of a crime specified
in section 2516 of title 18, United States Code; or
``(BB) the individual is an agent of a foreign power; and
``(bb) any use of such communications pursuant to section
706 will be carried out in accordance with such section; and

``(II) a judge of the Foreign Intelligence Surveillance
Court reviews and approves such application under clause
(ii).

``(ii) Order.--

``(I) Approval.--Upon an application made under clause (i),
the Foreign Intelligence Surveillance Court shall enter an
order as requested or as modified by the Court approving the
access or dissemination of contents of communications covered
by the application if the Court determines that, based on an
independent review--

``(aa) the application contains all information required
under clause (i);
``(bb) on the basis of the facts in the application, there
is probable cause to believe that--
``(AA) such contents provide evidence of a crime specified
in section 2516 of title 18, United States Code; or
``(BB) the person identified by the queried term is an
agent of a foreign power; and
``(cc) the minimization procedures adopted pursuant to
subsection (e) will ensure compliance with clause (i)(I)(bb).

``(II) Review.--A denial of an application submitted under
clause (i) may be reviewed as provided in section 103.

``(B) Expeditious consideration.--Any application submitted
under subparagraph (A)(i) shall be considered by the Foreign
Intelligence Surveillance Court expeditiously and without
delay.
``(C) Exceptions.--The requirement for an order pursuant to
subparagraph (A) shall not apply to accessing or
disseminating communications acquired under subsection (a)
if--
``(i) the Attorney General determines that the person
identified by the queried term is the subject of an order
based upon a finding of probable cause, or emergency
authorization, that authorizes electronic surveillance or
physical search under this Act or title 18, United States
Code (other than such emergency authorizations under title IV
of this Act or section 3125 of title 18, United States Code);
``(ii) the Attorney General--

``(I) reasonably determines that an emergency situation
requires the accessing or dissemination of the communications
before an order pursuant to subparagraph (A) authorizing such
access or dissemination can with due diligence be obtained;
``(II) reasonably believes that the factual basis for the
issuance of such an order exists; and
``(III) with respect to the access or dissemination of the
contents of such communications--

``(aa) informs the Court at the time the Attorney General
requires the emergency access or dissemination that the
decision has been made to employ the authority under this
clause; and
``(bb) may not use the contents of such communications
pursuant to section 706 if the Court finds that the
determination by the Attorney General with respect to the
emergency situation was not appropriate; or
``(iii) there is consent provided in accordance with
subparagraph (D).
``(D) Consent.--The requirements of this paragraph do not
apply with respect to--
``(i) queries made using a term identifying a person who is
a party to the communications acquired under subsection (a),
or a person who otherwise has lawful authority to provide
consent, and who consents to such queries; or
``(ii) the accessing or the dissemination of the contents
or information of communications acquired under subsection
(a) of a person who is a party to the communications, or a
person who otherwise has lawful authority to provide consent,
and who consents to such access or dissemination.
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