May 13, 2020 - Issue: Vol. 166, No. 90 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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TEXT OF AMENDMENTS; Congressional Record Vol. 166, No. 90
(Senate - May 13, 2020)
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[Pages S2426-S2429] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] TEXT OF AMENDMENTS SA 1583. Mr. WYDEN (for himself, Mr. Daines, Mr. Leahy, Mr. Lee, Mr. Udall, Mr. Markey, Mr. Heinrich, Ms. Baldwin, Mr. Sanders, Mr. Braun, Mr. Cramer, Mr. Merkley, Mr. Paul, and Mr. Booker) proposed an amendment [[Page S2427]] to the bill H.R. 6172, to amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the production of certain business records, and for other purposes; as follows: On page 7, strike lines 13 and 14 and insert the following: cell site location or global positioning system information. ``(C) An application under paragraph (1) may not seek an order authorizing or requiring the production of internet website browsing information or internet search history information.''. ______ SA 1584. Mr. LEE (for himself, Mr. Leahy, Ms. Baldwin, Mr. Blumenthal, Mr. Booker, Mr. Braun, Mr. Coons, Mr. Cramer, Mr. Daines, Mr. Durbin, Mr. Grassley, Ms. Harris, Mr. Heinrich, Ms. Hirono, Mr. Markey, Ms. McSally, Mr. Paul, Mr. Sanders, Mr. Udall, Mr. Van Hollen, Ms. Warren, Mr. Wyden, and Mr. Cruz) proposed an amendment to the bill H.R. 6172, to amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the production of certain business records, and for other purposes; as follows: In subsection (a)(2)(B) of section 602 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1872), as added by section 301(b)(3), insert after ``section 103(i)'' the following: ``, a proceeding in the Foreign Intelligence Court of Review resulting from the petition of an amicus curiae under section 103(i)(7), or a proceeding in which an amicus curiae could have been appointed pursuant to section 103(i)(2)(A)''. In section 302, strike subsections (a) and (b) and insert the following: (a) Expansion of Appointment Authority.-- (1) In general.--Section 103(i)(2) (50 U.S.C. 1803(i)(2)) is amended-- (A) by striking subparagraph (A) and inserting the following: ``(A) shall appoint one or more individuals who have been designated under paragraph (1), not less than one of whom possesses privacy and civil liberties expertise, unless the court finds that such a qualification is inappropriate, to serve as amicus curiae to assist the court in the consideration of any application or motion for an order or review that, in the opinion of the court-- ``(i) presents a novel or significant interpretation of the law, unless the court issues a finding that such appointment is not appropriate; ``(ii) presents significant concerns with respect to the activities of a United States person that are protected by the first amendment to the Constitution of the United States, unless the court issues a finding that such appointment is not appropriate; ``(iii) presents or involves a sensitive investigative matter, unless the court issues a finding that such appointment is not appropriate; ``(iv) presents a request for approval of a new program, a new technology, or a new use of existing technology, unless the court issues a finding that such appointment is not appropriate; ``(v) presents a request for reauthorization of programmatic surveillance, unless the court issues a finding that such appointment is not appropriate; or ``(vi) otherwise presents novel or significant civil liberties issues, unless the court issues a finding that such appointment is not appropriate; and''; and (B) in subparagraph (B), by striking ``an individual or organization'' each place the term appears and inserting ``one or more individuals or organizations''. (2) Definition of sensitive investigative matter.-- Subsection (i) of section 103 (50 U.S.C. 1803) is amended by adding at the end the following: ``(12) Definition.--In this subsection, the term `sensitive investigative matter' means-- ``(A) an investigative matter involving the activities of-- ``(i) a domestic public official or political candidate, or an individual serving on the staff of such an official or candidate; ``(ii) a domestic religious or political organization, or a known or suspected United States person prominent in such an organization; or ``(iii) the domestic news media; or ``(B) any other investigative matter involving a domestic entity or a known or suspected United States person that, in the judgment of the applicable court established under subsection (a) or (b), is as sensitive as an investigative matter described in subparagraph (A).''. (b) Authority to Seek Review.--Subsection (i) of section 103 (50 U.S.C. 1803), as amended by subsection (a) of this section, is amended-- (1) in paragraph (4)-- (A) in the paragraph heading, by inserting ``; authority'' after ``Duties''; (B) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and adjusting the margins accordingly; (C) in the matter preceding clause (i), as so designated, by striking ``the amicus curiae shall'' and inserting the following: ``the amicus curiae-- ``(A) shall''; (D) in subparagraph (A)(i), as so designated, by inserting before the semicolon at the end the following: ``, including legal arguments regarding any privacy or civil liberties interest of any United States person that would be significantly impacted by the application or motion''; and (E) by striking the period at the end and inserting the following: ``; and ``(B) may seek leave to raise any novel or significant privacy or civil liberties issue relevant to the application or motion or other issue directly impacting the legality of the proposed electronic surveillance with the court, regardless of whether the court has requested assistance on that issue.''; (2) by redesignating paragraphs (7) through (12) as paragraphs (8) through (13), respectively; and (3) by inserting after paragraph (6) the following: ``(7) Authority to seek review of decisions.-- ``(A) FISA court decisions.--Following issuance of an order under this Act by the Foreign Intelligence Surveillance Court, an amicus curiae appointed under paragraph (2) may petition the Foreign Intelligence Surveillance Court to certify for review to the Foreign Intelligence Surveillance Court of Review a question of law pursuant to subsection (j). If the court denies such petition, the court shall provide for the record a written statement of the reasons for such denial. Upon certification of any question of law pursuant to this subparagraph, the Court of Review shall appoint the amicus curiae to assist the Court of Review in its consideration of the certified question, unless the Court of Review issues a finding that such appointment is not appropriate. ``(B) FISA court of review decisions.--An amicus curiae appointed under paragraph (2) may petition the Foreign Intelligence Surveillance Court of Review to certify for review to the Supreme Court of the United States any question of law pursuant to section 1254(2) of title 28, United States Code. ``(C) Declassification of referrals.--For purposes of section 602, a petition filed under subparagraph (A) or (B) of this paragraph and all of its content shall be considered a decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review described in paragraph (2) of section 602(a).''. In section 302(c), redesignate paragraph (2) as paragraph (3). In section 302(c), strike paragraph (1) and insert the following: (1) Application and materials.--Subparagraph (A) of section 103(i)(6) (50 U.S.C. 1803(i)(6)) is amended to read as follows: ``(A) In general.-- ``(i) Right of amicus.--If a court established under subsection (a) or (b) appoints an amicus curiae under paragraph (2), the amicus curiae-- ``(I) shall have access to, to the extent such information is available to the Government-- ``(aa) the application, certification, petition, motion, and other information and supporting materials, including any information described in section 901, submitted to the Foreign Intelligence Surveillance Court in connection with the matter in which the amicus curiae has been appointed, including access to any relevant legal precedent (including any such precedent that is cited by the Government, including in such an application); ``(bb) an unredacted copy of each relevant decision made by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review in which the court decides a question of law, without regard to whether the decision is classified; and ``(cc) any other information or materials that the court determines are relevant to the duties of the amicus curiae; and ``(II) may make a submission to the court requesting access to any other particular materials or information (or category of materials or information) that the amicus curiae believes to be relevant to the duties of the amicus curiae. ``(ii) Supporting documentation regarding accuracy.--The Foreign Intelligence Surveillance Court, upon the motion of an amicus curiae appointed under paragraph (2) or upon its own motion, may require the Government to make available the supporting documentation described in section 902.''. (2) Clarification of access to certain information.--Such section is further amended-- (A) in subparagraph (B), by striking ``may'' and inserting ``shall''; and (B) by striking subparagraph (C) and inserting the following: ``(C) Classified information.--An amicus curiae appointed by the court shall have access to, to the extent such information is available to the Government, unredacted copies of each opinion, order, transcript, pleading, or other document of the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review, including, if the individual is eligible for access to classified information, any classified documents, information, and other materials or proceedings.''. Redesignate section 207 as section 208. Insert after section 206 the following: SEC. 207. DISCLOSURE OF RELEVANT INFORMATION; CERTIFICATION REGARDING ACCURACY PROCEDURES. (a) Disclosure of Relevant Information.-- [[Page S2428]] (1) In general.--The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the end the following: ``TITLE IX--DISCLOSURE OF RELEVANT INFORMATION ``SEC. 901. DISCLOSURE OF RELEVANT INFORMATION. ``The Attorney General or any other Federal officer making an application for a court order under this Act shall provide the court with-- ``(1) all information in the possession of the Government that is material to determining whether the application satisfies the applicable requirements under this Act, including any exculpatory information; and ``(2) all information in the possession of the Government that might reasonably-- ``(A) call into question the accuracy of the application or the reasonableness of any assessment in the application conducted by the department or agency on whose behalf the application is made; or ``(B) otherwise raise doubts with respect to the findings that are required to be made under the applicable provision of this Act in order for the court order to be issued.''. (2) Technical amendment.--The table of contents of the Foreign Intelligence Surveillance Act of 1978 is amended by adding at the end the following: ``TITLE IX--DISCLOSURE OF RELEVANT INFORMATION ``Sec. 901. Disclosure of relevant information.''. (b) Certification Regarding Accuracy Procedures.-- (1) In general.--Title IX of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a), is amended by adding at the end the following: ``SEC. 902. CERTIFICATION REGARDING ACCURACY PROCEDURES. ``(a) Definition.--In this section, the term `accuracy procedures' means specific procedures, adopted by the Attorney General, to ensure that an application for a court order under this Act, including any application for renewal of an existing order, is accurate and complete, including procedures that ensure, at a minimum, that-- ``(1) the application reflects all information that might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the application, or otherwise raises doubts about the requested findings; ``(2) the application reflects all material information that might reasonably call into question the reliability and reporting of any information from a confidential human source that is used in the application; ``(3) a complete file documenting each factual assertion in an application is maintained; ``(4) the applicant coordinates with the appropriate elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), concerning any prior or existing relationship with the target of any surveillance, search, or other means of investigation, and discloses any such relationship in the application; ``(5) before any application targeting a United States person is made, the applicant Federal officer shall document that the officer has collected and reviewed for accuracy and completeness supporting documentation for each factual assertion in the application; and ``(6) the applicant Federal agency establish compliance and auditing mechanisms on an annual basis to assess the efficacy of the accuracy procedures that have been adopted and report such findings to the Attorney General. ``(b) Statement and Certification of Accuracy Procedures.-- Any Federal officer making an application for a court order under this Act shall include with the application-- ``(1) a description of the accuracy procedures employed by the officer or the officer's designee; and ``(2) a certification that the officer or the officer's designee has collected and reviewed for accuracy and completeness-- ``(A) supporting documentation for each factual assertion contained in the application; ``(B) all information that might reasonably call into question the accuracy of the information or the reasonableness of any assessment in the application, or otherwise raises doubts about the requested findings; and ``(C) all material information that might reasonably call into question the reliability and reporting of any information from any confidential human source that is used in the application. ``(c) Necessary Finding for Court Orders.--A judge may not enter an order under this Act unless the judge finds, in addition to any other findings required under this Act, that the accuracy procedures described in the application for the order, as required under subsection (b)(1), are actually accuracy procedures as defined in this section.''. (2) Technical amendment.--The table of contents of the Foreign Intelligence Surveillance Act of 1978, as amended by subsection (a), is amended by inserting after the item relating to section 901 the following: ``Sec. 902. Certification regarding accuracy procedures.''. In section 208, as so redesignated, strike ``section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861)'' and insert ``the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) (if applicable)''. At the end, add the following: SEC. 409. ANNUAL REPORTING ON ACCURACY AND COMPLETENESS OF APPLICATIONS. Section 603 (50 U.S.C. 1873) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Annual Report by DOJ Inspector General on Accuracy and Completeness of Applications.-- ``(1) Definition of appropriate committees of congress.--In this subsection, the term `appropriate committees of Congress' means-- ``(A) the Committee on the Judiciary and the Select Committee on Intelligence of the Senate; and ``(B) the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives. ``(2) Report.--In April of each year, the Inspector General of the Department of Justice shall submit to the appropriate committees of Congress and make public, subject to a declassification review, a report setting forth, with respect to the preceding calendar year, the following: ``(A) A summary of all accuracy or completeness reviews of applications submitted to the Foreign Intelligence Surveillance Court by the Federal Bureau of Investigation. ``(B) The total number of applications reviewed for accuracy or completeness. ``(C) The total number of material errors or omissions identified during such reviews. ``(D) The total number of nonmaterial errors or omissions identified during such reviews. ``(E) The total number of instances in which facts contained in an application were not supported by documentation that existed in the applicable file being reviewed at the time of the accuracy review.''. ______ SA 1585. Mr. GARDNER proposed an amendment to the bill S. 2661, to amend the Communications Act of 1934 to designate 9-8-8 as the universal telephone number for the purpose of the national suicide prevention and mental health crisis hotline system operating through the National Suicide Prevention Lifeline and through the Veterans Crisis Line, and for other purposes; as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``National Suicide Hotline Designation Act of 2020''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the American Foundation for Suicide Prevention, on average, there are 129 suicides per day in the United States. (2) To prevent future suicides, it is critical to transition the cumbersome, existing 10-digit National Suicide Hotline to a universal, easy-to-remember, 3-digit phone number and connect people in crisis with life-saving resources. (3) It is essential that people in the United States have access to a 3-digit national suicide hotline across all geographic locations. (4) The designated suicide hotline number will need to be both familiar and recognizable to all people in the United States. SEC. 3. UNIVERSAL TELEPHONE NUMBER FOR NATIONAL SUICIDE PREVENTION AND MENTAL HEALTH CRISIS HOTLINE SYSTEM. (a) In General.--Section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) is amended by adding at the end the following: ``(4) Universal telephone number for national suicide prevention and mental health crisis hotline system.--9-8-8 is designated as the universal telephone number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system operating through the National Suicide Prevention Lifeline maintained by the Assistant Secretary for Mental Health and Substance Use under section 520E-3 of the Public Health Service Act (42 U.S.C. 290bb-36c) and through the Veterans Crisis Line maintained by the Secretary of Veterans Affairs under section 1720F(h) of title 38, United States Code.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. (c) Required Report.--Not later than 180 days after the date of enactment of this Act, the Assistant Secretary for Mental Health and Substance Use and the Secretary of Veterans Affairs shall jointly submit a report that details the resources necessary to make the use of 9-8-8, as designated under paragraph (4) of section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection (a) of this section, operational and effective across the United States to-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. SEC. 4. STATE AUTHORITY OVER FEES. (a) Authority.-- [[Page S2429]] (1) In general.--Nothing in this Act, any amendment made by this Act, the Communications Act of 1934 (47 U.S.C. 151 et seq.), or any Commission regulation or order may prevent the imposition and collection of a fee or charge applicable to a commercial mobile service or an IP-enabled voice service specifically designated by a State, a political subdivision of a State, an Indian Tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for 9-8-8 related services, if the fee or charge is held in a sequestered account to be obligated or expended only in support of 9-8-8 services, or enhancements of such services, as specified in the provision of State or local law adopting the fee or charge. (2) Use of 9-8-8 funds.--A fee or charge collected under this subsection shall only be imposed, collected, and used to pay expenses that a State, a political subdivision of a State, an Indian Tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is expected to incur that are reasonably attributed to-- (A) ensuring the efficient and effective routing of calls made to the 9-8-8 national suicide prevention and mental health crisis hotline to an appropriate crisis center; and (B) personnel and the provision of acute mental health, crisis outreach and stabilization services by directly responding to the 9-8-8 national suicide prevention and mental health crisis hotline. (b) Fee Accountability Report.--To ensure efficiency, transparency, and accountability in the collection and expenditure of a fee or charge for the support or implementation of 9-8-8 services, not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Commission shall submit to the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a report that-- (1) details the status in each State, political subdivision of a State, Indian Tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) of the collection and distribution of such fees or charges; and (2) includes findings on the amount of revenues obligated or expended by each State, political subdivision of a State, Indian Tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for any purpose other than the purpose for which any such fees or charges are specified. (c) Definitions.--In this section: (1) Commercial mobile service.--The term ``commercial mobile service'' has the meaning given that term under section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)). (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) IP-enabled voice service.--The term ``IP-enabled voice service'' shall include-- (A) an interconnected VoIP service, as defined in section 9.3 of the title 47 of the Code of Federal Regulations, or any successor thereto; and (B) a one-way interconnected VoIP service. (4) State.--The term ``State'' has the meaning given that term in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b). SEC. 5. LOCATION IDENTIFICATION REPORT. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall submit to the appropriate committees a report that examines the feasibility and cost of including an automatic dispatchable location that would be conveyed with a 9-8-8 call, regardless of the technological platform used and including with calls from multi-line telephone systems (as defined in section 6502 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1471)). (b) Definitions.--In this section: (1) Appropriate committees.--The term ``appropriate committees'' means the following: (A) The Committee on Commerce, Science, and Transportation of the Senate. (B) The Committee on Health, Education, Labor, and Pensions of the Senate. (C) The Committee on Energy and Commerce of the House of Representatives. (2) Dispatchable location.--The term ``dispatchable location'' means the street address of the calling party and additional information such as room number, floor number, or similar information necessary to adequately identify the location of the calling party. SEC. 6. REPORT ON CERTAIN TRAINING PROGRAMS. (a) Sense of Congress.--It is the sense of Congress that-- (1) youth who are lesbian, gay, bisexual, transgender, or queer (referred to in this section as ``LGBTQ'') are more than 4 times more likely to contemplate suicide than their peers, with 1 in 5 LGBTQ youth and more than 1 in 3 transgender youth reporting attempting suicide; (2) American Indian and Alaska Natives have the highest rate of suicide of any racial or ethnic group in the United States with a suicide rate over 3.5 times higher than the racial or ethnic group with the lowest rate, with the suicide rate increasing, since 1999, by 139 percent for American Indian women and 71 percent for men; (3) between 2001 and 2015, the suicide death rate in rural counties in the United States was 17.32 per 100,000 individuals, which is significantly greater than the national average, and the data shows that between that same time period, suicide rates increased for all age groups across all counties in the United States, with the highest rates and the greatest increases being in more rural counties; and (4) the Substance Abuse and Mental Health Services Administration must be equipped to provide specialized resources to these and other high-risk populations. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Assistant Secretary for Mental Health and Substance Use shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) details a strategy, to be developed in consultation with the Centers for Disease Control and Prevention, the National Institute of Mental Health, and organizations capable of providing nationwide suicide prevention and crisis services for LGBTQ youth, minorities, rural individuals, or other high-risk populations, for the Substance Abuse and Mental Health Services Administration to offer, support, or provide technical assistance to training programs for National Suicide Prevention Lifeline counselors to increase competency in serving high-risk populations; and (2) includes recommendations regarding-- (A) the facilitation of access to services that are provided to specially trained staff and partner organizations for LGBTQ youth, minorities, rural individuals, and other high-risk populations; and (B) a strategy for optimally implementing an Integrated Voice Response, or other equally effective mechanism, to allow National Suicide Prevention Lifeline callers who are LGBTQ youth, minorities, rural individuals, or members of other high-risk populations to access specialized services. ____________________
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