S.Amdt. 1881

SA 1881. Mr. PAUL (for himself, Mr. Wyden, and Mr. Markey) 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:

Beginning on page 2, strike line 14 and all that follows
through page 15, line 6, and insert the following:

SEC. 101. CLARIFICATION ON PROHIBITION ON QUERYING OF
COLLECTIONS OF COMMUNICATIONS TO CONDUCT
WARRANTLESS QUERIES FOR THE COMMUNICATIONS OF
UNITED STATES PERSONS AND PERSONS INSIDE THE
UNITED STATES.

Section 702(b) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1881a(b)) is amended--
(1) 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 querying of
collections of communications of united states persons and
persons inside the united states.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), no officer or employee of the United States may
conduct a query of information acquired under this section in
an effort to find communications of or about a particular
United States person or a person inside the United States.
``(B) Concurrent authorization and exception for emergency
situations.--Subparagraph (A) shall not apply to a query for
communications related to a particular United States person
or person inside the United States if--
``(i) such United States person or person inside the United
States is the subject of an order or emergency authorization
authorizing electronic surveillance or physical search under
section 105, 304, 703, 704, or 705 of this Act, or under
title 18, United States Code, for the effective period of
that order;
``(ii) the entity carrying out the query has a reasonable
belief that the life or safety of such United States person
or person inside the United States is threatened and the
information is sought for the purpose of assisting that
person;
``(iii) such United States person or person in the United
States is a corporation; or
``(iv) such United States person or person inside the
United States has consented to the query.
``(C) Queries of federated data sets and mixed data.--If an
officer or employee of the United States conducts a query of
a data set, or of federated data sets, that includes any
information acquired under this section, the system shall be
configured not to return such information unless the officer
or employee enters a code or other information indicating
that--
``(i) the person associated with the search term is not a
United States person or person inside the United States; or
``(ii) if the person associated with the search term is a
United States person or person inside the United States, one
or more of the conditions of subparagraph (B) are satisfied.
``(D) Matters relating to emergency queries.--
``(i) Treatment of denials.--In the event that a query for
communications related to a particular United States person
or a person inside the United States is conducted pursuant to
an emergency authorization authorizing electronic
surveillance or a physical search described in subsection
(B)(i) and the application for such emergency authorization
is denied, or in any other case in which the query has been
conducted and no order is issued approving the query--

``(I) no information obtained or evidence derived from such
query may 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
``(II) no information concerning any United States person
acquired from such query may subsequently be used or
disclosed in any other manner by Federal officers or
employees 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.

``(ii) Assessment of compliance.--The Attorney General
shall assess compliance with the requirements under clause
(i).''.
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