S.Amdt. 1908Senate115th Congress (2017-2019)
S.Amdt. 1908
Sponsored by
Sen. Rand Paul (R-KY)
Submitted January 19, 2018
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Senate amendment submitted
January 19, 2018
Text
Submitted
SA 1908. Mr. PAUL (for himself and Mr. Wyden) submitted an amendment intended to be proposed by him to the bill H.R. 195, to amend title 44, United States Code, to restrict the distribution of free printed copies of the Federal Register to Members of Congress and other officers and employees of the United States, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. LIMITATION ON USE OF FUNDS TO QUERY CERTAIN COLLECTIONS OF COMMUNICATIONS OBTAINED UNDER CERTAIN PROVISIONS OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. (a) In General.--Except as provided in subsection (b), none of the amounts appropriated or otherwise made available by this Act may be used to conduct a query of information acquired under Section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) 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.--Subsection (a) shall not apply to a query for communications related to a particular United States person or person inside the United States if-- (1) 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 the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805, 1824, 1881b, and 1881d), or under title 18, United States Code, for the effective period of that order; (2) 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; (3) such United States person or person in the United States is a corporation; or (4) such United States person or person inside the United States has consented to the query. (c) Queries of Federated Data Sets and Mixed Data.--In addition to subsection (a), none of the amounts appropriated or otherwise made available by this Act may be used to conduct a query of a data set, or of federated data sets, that includes any information acquired under Section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), unless the system has been configured to not return such information unless the officer or employee enters a code or other information indicating that-- (1) the person associated with the search term is not a United States person or person inside the United States; or (2) 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 paragraph (2) is satisfied. (d) Matters Relating to Emergency Queries.--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)(1) 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, none of the amounts appropriated or otherwise made available by this Act shall be used-- (1) to introduce or otherwise disclose information obtained or evidence derived from such query 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; or (2) to use or disclose information concerning any United States person acquired from such query 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. ______