S.Amdt. 3931

SA 3931. Mr. KENNEDY (for himself, Mr. Kerry, and Mr. Menendez)
submitted an amendment intended to be proposed by him to the bill S.
2248, to amend the Foreign Intelligence Surveillance Act of 1978, to
modernize and streamline the provisions of that Act, and for other
purposes; which was ordered to lie on the table; as follows:

On page 6, line 13, strike ``and'' and all that follows
through page 8, line 3, and insert the following:
``(4) shall not intentionally acquire any communication as
to which the sender and all intended recipients are known at
the time of the acquisition to be located in the United
States; and
``(5) shall be conducted in a manner consistent with the
fourth amendment to the Constitution of the United States.
``(c) Conduct of Acquisition.--An acquisition authorized
under subsection (a) may be conducted only in accordance
with--
``(1) a certification made by the Attorney General and the
Director of National Intelligence pursuant to subsection (f);
and
``(2) the targeting and minimization procedures required
pursuant to subsections (d) and (e).
``(d) Targeting Procedures.--
``(1) Requirement to adopt.--The Attorney General, in
consultation with the Director of National Intelligence,
shall adopt targeting procedures that are reasonably designed
to ensure that any acquisition authorized under subsection
(a) is limited to targeting persons reasonably believed to be
located outside the United States and does not result in the
intentional acquisition of any communication as to which the
sender and all intended recipients are known at the time of
the acquisition to be located in the United States.
``(2) Judicial review.--The procedures referred to in
paragraph (1) shall be subject to judicial review pursuant to
subsection (h).
``(e) Minimization Procedures.--
``(1) Requirement to adopt.--The Attorney General, in
consultation with the Director of National Intelligence,
shall adopt, consistent with the requirements of section
101(h) or section 301(4), minimization procedures for
acquisitions authorized under subsection (a).
``(2) Persons in the united states.--The minimization
procedures required by this subsection shall require the
destruction, upon recognition, of any communication as to
which the sender and all intended recipients are known to be
located in the United States, a person has a reasonable
expectation of privacy, and a warrant would be required for
law enforcement purposes, unless the Attorney General
determines that the communication indicates a threat of death
or serious bodily harm to any person.
``(3) Judicial review.--The minimization procedures
required by this subsection shall be subject to judicial
review pursuant to subsection (h).
``(f) Certification.--
``(1) In general.--
``(A) Requirement.--
``(i) In general.--Subject to subparagraph (B), prior to
the initiation of an acquisition authorized under subsection
(a), the Attorney General and the Director of National
Intelligence shall provide, under oath, a written
certification, as described in this subsection.
``(ii) Procedures.--A certification made under this
subsection shall attest that there are reasonable procedures
in place for determining that the acquisition authorized
under subsection (a) does not result in the intentional
acquisition of any communication as to which the sender and
all intended recipients are known at the time of the
acquisition to be located in the United States, and that such
procedures have been approved by, or will promptly be
submitted for approval by, the Foreign Intelligence
Surveillance Court pursuant to subsection (h).
______