May 14, 2020 - Issue: Vol. 166, No. 91 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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TEXT OF AMENDMENTS; Congressional Record Vol. 166, No. 91
(Senate - May 14, 2020)
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[Page S2458] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] TEXT OF AMENDMENTS SA 1586. Mr. PAUL 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: At the appropriate place, insert the following: SEC. ___. LIMITATION ON AUTHORITIES IN FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. (a) Foreign Intelligence Surveillance Act of 1978.-- (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--LIMITATIONS ``SEC. 901. LIMITATIONS ON AUTHORITIES TO SURVEIL UNITED STATES PERSONS AND ON USE OF INFORMATION CONCERNING UNITED STATES PERSONS. ``(a) Definitions.--In this section: ``(1) Pen register and trap and trace device.--The terms `pen register' and `trap and trace device' have the meanings given such terms in section 3127 of title 18, United States Code. ``(2) United states person.--The term `United States person' has the meaning given such term in section 101. ``(b) Limitation on Authorities.--Notwithstanding any other provision of this Act, an officer of the United States may not under this Act request an order for, and the Foreign Intelligence Surveillance Court may not under this Act order-- ``(1) electronic surveillance of a United States person; ``(2) a physical search of a premises, information, material, or property used exclusively by, or under the open and exclusive control of, a United States person; ``(3) approval of the installation and use of a pen register or trap and trace device to obtain information concerning a United States person; ``(4) the production of tangible things (including books, records, papers, documents, and other items) concerning a United States person; or ``(5) the targeting of a United States person for the acquisition of information. ``(c) Limitation on Use of Information Concerning United States Persons.-- ``(1) Definition of aggrieved person.--In this subsection, the term `aggrieved person' means a person who is the target of any surveillance activity under this Act or any other person whose communications or activities were subject to any surveillance activity under this Act. ``(2) In general.--Except as provided in paragraph (3), any information concerning a United States person acquired under this Act shall not be used in evidence against that United States person in any criminal, civil, or administrative proceeding or as part of any criminal, civil, or administrative investigation. ``(3) Use by aggrieved persons.--An aggrieved person who is a United States person may use information concerning such person acquired under this Act in a criminal, civil, or administrative proceeding or as part of a criminal, civil, or administrative investigation. ``(d) Warrants.--An officer of the United States seeking to conduct electronic surveillance, a physical search, installation and use of a pen register or trap and trace device, production of tangible things, or targeting for acquisition of information with respect to a United States person as described in subsection (b) may only conduct such activities pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure by a Federal court other than the Foreign Intelligence Surveillance Court.''. (2) Clerical amendment.--The table of contents preceding section 101 is amended by adding at the end the following: ``TITLE IX--LIMITATIONS ``Sec. 901. Limitations on authorities to surveil United States persons and on use of information concerning United States persons.''. (b) Limitation on Surveillance Under Executive Order 12333.-- (1) Definitions.--In this subsection: (A) Aggrieved person.--The term ``aggrieved person'' means a person who is the target of any surveillance activity under Executive Order 12333 (50 U.S.C. 3001 note; relating to United States intelligence activities) or any other person whose communications or activities were subject to any surveillance activity under such Executive Order. (B) Pen register; trap and trace device; united states person.--The terms ``pen register'', ``trap and trace device'', and ``United States person'' have the meanings given such terms in section 901 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a). (2) Limitation.--Except as provided in paragraph (3), any information concerning a United States person acquired under Executive Order 12333 (50 U.S.C. 3001 note; relating to United States intelligence activities) shall not be used in evidence against that United States person in any criminal, civil, or administrative proceeding or as part of any criminal, civil, or administrative investigation. (3) Use by aggrieved persons.--An aggrieved person who is a United States person may use information concerning such person acquired under Executive Order 12333 in a criminal, civil, or administrative proceeding or as part of a criminal, civil, or administrative investigation. ______ SA 1587. Mr. CORNYN (for Mr. Grassley (for himself and Mr. Booker)) proposed an amendment to the bill S. 3607, to extend public safety officer death benefits to public safety officers whose death is caused by COVID-19, and for other purposes; as follows: In section 2(a)(5), strike ``deaths resulting from infectious disease sustained by public safety officers in carrying out their duties, the determination of claims may'' and insert ``deaths and permanent and total disabilities resulting from infectious disease sustained by public safety officers in carrying out their duties, the determination of claims involving personal injuries believed to have resulted from COVID-19 or its complications may''. In section 3, strike ``As determined'' and insert ``(a) Death Benefits.--As determined''. At the end of section 3, add the following: (b) Disability Benefits.--As determined by the Bureau of Justice Assistance, COVID-19 (or complications therefrom) suffered by a public safety officer shall be presumed to constitute a personal injury within the meaning of section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(b)), sustained in the line of duty by the officer, if-- (1) the officer engaged in a line of duty action or activity between January 1, 2020, and December 31, 2021; and (2) the officer was diagnosed with COVID-19 (or evidence indicates that the officer had COVID-19) during the 45-day period beginning on the last day of duty of the officer. ____________________
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