[Congressional Record Volume 164, Number 9 (Tuesday, January 16, 2018)]
[Senate]
[Page S211]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1901. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him 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:

     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.''.
                                 ______