S.Amdt. 1878

SA 1878. Mrs. FEINSTEIN (for herself, Ms. Harris, Mr. Leahy, and Mr.
Lee) submitted an amendment intended to be proposed by her 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:

Beginning on page 4, strike line 1 and all that follows
through page 7, line 16, and insert the following:
``(2) Requirements for access to communications of united
states persons.--
``(A) Court orders.--Except as provided under subparagraph
(C), in response to a query relating to a United States
person, the contents of queried communications acquired under
subsection (a) may be accessed only if--
``(i) the Attorney General submits to the Foreign
Intelligence Surveillance Court an application that
demonstrates that there is probable cause to believe that--

``(I) such contents may relate to a crime a specified in
section 2516 of title 18, United States Code; or
``(II) the individual is the agent of a foreign power; and

``(ii) a judge of the Foreign Intelligence Surveillance
Court reviews and approves such application.
``(B) Expeditious consideration.--Any application under
subparagraph (A) shall be considered by the Foreign
Intelligence Surveillance Court expeditiously and without
delay.
``(C) Exception.--If the Attorney General determines that
exigent circumstances require access to contents before an
order can be obtained, the Attorney General may access such
contents without an order for a maximum period of 7 days.
``(D) Reporting.--Not less frequently than once every 6
months, the Attorney General shall submit to the Committee on
the Judiciary and the Select Committee on Intelligence of the
Senate and the Committee on the Judiciary and the Permanent
Select Committee on Intelligence of the House of
Representatives a report containing the number of times the
Attorney General has made a determination under subparagraph
(C) in the previous 6 months.

On page 15, strike lines 20 through 23.

On page 42, line 15, strike ``Federal Bureau of
Investigation'' and insert ``Attorney General''.
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