S.Amdt. 1886

SA 1886. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment
intended to be proposed by him to the House amendment to the bill S.
139, to implement the use of Rapid DNA instruments to inform decisions
about pretrial release or detention and their conditions, to solve and
prevent violent crimes and other crimes, to exonerate the innocent, to
prevent DNA analysis backlogs, and for other purposes; which was
ordered to lie on the table; as follows:

On page 42, after line 21, add the following:

[[Page S199]]

SEC. 113. LIMITATION ON TECHNICAL ASSISTANCE FROM ELECTRONIC
COMMUNICATION SERVICE PROVIDERS UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

Section 702(i)(1) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1881a(i)(1)), as redesignated by
section 101(a)(1)(A), is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving such clauses 2 ems to
the right;
(2) by striking ``With respect to'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), in carrying
out''; and
(3) by adding at the end the following:
``(B) Limitations.--The Attorney General or the Director of
National Intelligence may not request assistance from an
electronic communication service provider under subparagraph
(A) without demonstrating, to the satisfaction of the Court,
that the assistance sought--
``(i) is necessary;
``(ii) is narrowly tailored to the surveillance at issue;
and
``(iii) would not pose an undue burden on the electronic
communication service provider or its customers who are not
an intended target of the surveillance.
``(C) Compliance.--An electronic communication service
provider is not obligated to comply with a directive to
provide assistance under this paragraph unless--
``(i) such assistance is a manner or method that has been
explicitly approved by the Court; and
``(ii) the Court issues an order, which has been delivered
to the provider, explicitly describing the assistance to be
furnished by the provider that has been approved by the
Court.''.
______