S.Amdt. 3940

SA 3940. Mr. BOND submitted an amendment intended to be proposed to
amendment SA 3911 proposed by Mr. Rockefeller (for himself and Mr.
Bond) 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:

Strike section 103 and insert the following:

SEC. 103. MODERNIZING DEFINITIONS.

(a) Electronic Surveillance.--Subsection (f) of section 101
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801) is amended to read as follows:
``(f) `Electronic surveillance' means--
``(1) the installation or use of an electronic, mechanical,
or other surveillance device for acquiring information by
intentionally directing surveillance at a particular, known
person who is reasonably believed to be located within the
United States under circumstances in which that person has a
reasonable expectation of privacy and a warrant would be
required for law enforcement purposes; or
``(2) the intentional acquisition of the contents of any
communication under circumstances in which a person has a
reasonable expectation of privacy and a warrant would be
required for law enforcement purposes, if both the sender and
all intended recipients are reasonably believed to be located
outside the United States.''.
(b) Wire Communication.--Section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801) is
amended by striking subsection (l).
(c) Contents.--Subsection (n) of section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801) is
amended to read as follows:
``(n) `Contents', when used with respect to a
communication, includes any information concerning the
substance, purport, or meaning of that communication.''.
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