S.Amdt. 1877

SA 1877. 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 20, strike line 13 and all that follows through
page 27, line 23 and insert the following:

SEC. 103. LIMITATION ON COLLECTION AND IMPROVEMENTS TO
TARGETING PROCEDURES AND MINIMIZATION
PROCEDURES.

(a) Targeting Procedures; Limitation on Collection.--
Section 702(d) (50 U.S.C. 1881a(d)) is amended--
(1) in paragraph (1), by striking ``The Attorney General''
and inserting ``In accordance with paragraphs (3) and (4),
the Attorney General''; and
(2) by adding at the end the following new paragraphs:
``(3) Due diligence.--The procedures adopted in accordance
with paragraph (1) shall require due diligence in determining
whether a person targeted is a non-United States person
reasonably believed to be located outside the United States
by--
``(A) making the determination based on the totality of the
circumstances, including by, to the extent practicable,
ensuring that any conflicting information regarding whether
the person is reasonably believed to be located outside the
United States or is a United States person is resolved before
making such determination;
``(B) documenting the processes used for determinations
described in subparagraph (A); and
``(C) documenting the rationale for why targeting such
person will result in the acquisition of foreign intelligence
information authorized by subsection (a).
``(4) Limitation.--
``(A) In general.--The procedures adopted in accordance
with paragraph (1) shall require that the targeting of a
person is limited to communications to or from the targeted
person.
``(B) Annual report.--On an annual basis, the Attorney
General shall submit to the congressional intelligence
committees and the Committees on the Judiciary of the House
of Representatives and the Senate a report on--
``(i) any difficulty relating to the limitation under
subparagraph (A); and
``(ii) the technical feasibility of ensuring that the
handling of communications acquired under subsection (a) with
respect to incidentally collected United States person
information complies with the minimization procedures adopted
under subsection (e).''.
(b) Minimization Procedures.--Section 702(e) (50 U.S.C.
1881a(e)) is amended--
(1) in paragraph (1), by inserting ``, and the requirements
of this subsection'' before the period at the end; and
(2) by adding at the end the following new paragraph:
``(3) Requests to unmask information.--The procedures
adopted under paragraph (1) shall include specific procedures
adopted by the Attorney General for elements of the
intelligence community to submit requests to unmask
information in disseminated intelligence reports. Such
specific procedures shall--
``(A) require the documentation of the requesting
individual that such request is for legitimate reasons
authorized pursuant to paragraph (1); and
``(B) require the retention of the records of each request,
including--
``(i) a copy of the request;
``(ii) the name and position of the individual who is
making the request; and

[[Page S196]]

``(iii) if the request is approved, the name and position
of the individual who approved the request and the date of
the approval.''.
(c) Unmask Defined.--Section 701(b) (50 U.S.C. 1881(b)) is
amended by adding at the end the following new paragraph:
``(6) Unmask.--The term `unmask' means, with respect to a
disseminated intelligence report containing a reference to a
United States person that does not identify that person
(including by name or title), to disseminate the identity of
the United States person, including the name or title of the
person.''.
(d) Consistent Requirements To Retain Records on Requests
To Unmask Information.--The Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) is amended as follows:
(1) In section 101(h) (50 U.S.C. 1801(h))--
(A) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) specific procedures as described in section
702(e)(3).''.
(2) In section 301(4) (50 U.S.C. 1821(4))--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) specific procedures as described in section
702(e)(3).''.
(3) In section 402(h) (50 U.S.C. 1842(h))--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Requests for nonpublicly available information.--The
policies and procedures adopted under paragraph (1) shall
include specific procedures as described in section
702(e)(3).''.
(4) In section 501(g)(2) (50 U.S.C. 1861(g)(2))--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(D) specific procedures as described in section
702(e)(3).''.
(e) Report on Unmasking.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the Permanent Select Committee
on Intelligence of the House of Representatives, the Select
Committee on Intelligence of the Senate, and the Committees
on the Judiciary of the House of Representatives and the
Senate a report on the progress made by the Director with
respect to--
(1) ensuring that incidentally collected communications of
United States persons (as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801)) are properly masked if masking is necessary; and
(2) implementing procedures for requests to unmask
information under section 702(e)(3) of such Act (50 U.S.C.
1881a(e)(3)), as added by subsection (c).
______