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AMENDMENT TO H.R. ll
OFFERED BY Ml. llllll
Add at the end the following new section:
1SEC. ll. DEFINITION OF ELECTRONIC COMMUNICATION

23SERVICE PROVIDER.

(a) Section 701(b)(4) of the Foreign Intelligence Sur-

4 veillance Act of 1978 is amended—
56(1) by redesignating subparagraph (E) as subparagraph (F);78(2) in subparagraph (D), by striking ‘‘; or’’ andinserting a semicolon;

910(3) by inserting after subparagraph (D) the following new subparagraph:11‘‘(E) any other service provider who has

12

access to equipment that is being or may be

13

used to transmit or store wire or electronic

14

communications, but not including any entity

15

that serves primarily as—

16‘‘(i) a public accommodation facility,

17

as that term is defined in section 501(4);18‘‘(ii) a dwelling, as that term is de-19

fined in section 802 of the Fair Housing

20

Act (42 U.S.C. 3602);

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G:\CMTE\JD\18\FISA\COMP\ECSP.XML21‘‘(iii) a community facility, as that

2term is defined in section 315 of the De-

3fense Housing and Community Facilities

4and Services Act of 1951 (42 U.S.C.

51592n); or6‘‘(iv) a food service establishment, as

7that term is defined in section 281 of the8Agricultural Marketing Act of 1946 (79U.S.C. 1638); or’’;10(4) in subparagraph (F), as redesignated—

11(A) by inserting ‘‘custodian,’’ after ‘‘em-

12ployee,’’;13(B) by striking ‘‘or’’ before ‘‘(D)’’; and14(C) by inserting ‘‘, or (E)’’ after ‘‘(D)’’.

15(b) Paragraph (6) of section 801 of the Foreign Intel-

16 ligence Surveillance Act of 1978 is amended—
1718(1) by redesignating subparagraphs (E) and(F) as subparagraphs (F) and (G), respectively;

1920(2) in subparagraph (F), as redesignated, bystriking ‘‘; or’’ and inserting a semicolon;

2122(3) by inserting after subparagraph (D) the following new subparagraph:23‘‘(E) any other service provider who has24

access to equipment that is being or may be25

used to transmit or store wire or electronic

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G:\CMTE\JD\18\FISA\COMP\ECSP.XML31communications, but not including any entity

2that serves primarily as—3‘‘(i) a public accommodation facility,

4

as that term is defined in section 501(4);5‘‘(ii) a dwelling, as that term is de-

6fined in section 802 of the Fair Housing

7

Act (42 U.S.C. 3602);

8‘‘(iii) a community facility, as that

9term is defined in section 315 of the De-

10fense Housing and Community Facilities

11and Services Act of 1951 (42 U.S.C.

121592n); or13‘‘(iv) a food service establishment, as

14

that term is defined in section 281 of the15Agricultural Marketing Act of 1946 (716U.S.C. 1638);’’; and17(4) in subparagraph (G), as redesignated—

18(A) by inserting ‘‘custodian,’’ after ‘‘em-19ployee,’’;20(B) by striking ‘‘or’’ before ‘‘(E)’’; and21(C) by inserting ‘‘, or (F)’’ after ‘‘(E)’’.

◊

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