[Congressional Record Volume 164, Number 9 (Tuesday, January 16, 2018)]
[Senate]
[Page S197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1883. Mr. PAUL (for himself, Mr. Wyden, and Mr. Markey) 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 39, strike lines 6 through 22 and insert the 
     following:

     SEC. 111. CLARIFICATION REGARDING TREATMENT OF INFORMATION 
                   ACQUIRED UNDER FOREIGN INTELLIGENCE 
                   SURVEILLANCE ACT OF 1978.

       (a) Derived Defined.--
       (1) In general.--Section 101 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801) is amended by 
     adding at the end the following:
       ``(q) For the purposes of notification provisions of this 
     Act, information or evidence is `derived' from an electronic 
     surveillance, physical search, use of a pen register or trap 
     and trace device, production of tangible things, or 
     acquisition under this Act when the Government would not have 
     originally possessed the information or evidence but for that 
     electronic surveillance, physical search, use of a pen 
     register or trap and trace device, production of tangible 
     things, or acquisition, and regardless of any claim that the 
     information or evidence is attenuated from the surveillance 
     or search, would inevitably have been discovered, or was 
     subsequently reobtained through other means.''.
       (2) Policies and guidance.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Attorney General and the 
     Director of National Intelligence shall publish the 
     following:
       (i) Policies concerning the application of subsection (q) 
     of section 101 of such Act, as added by paragraph (1).
       (ii) Guidance for all members of the intelligence community 
     (as defined in section 3 of the National Security Act of 1947 
     (50 U.S.C. 3003)) and all Federal agencies with law 
     enforcement responsibilities concerning the application of 
     such subsection.
       (B) Modifications.--Whenever the Attorney General and the 
     Director modify a policy or guidance published under 
     subparagraph (A), the Attorney General and the Director shall 
     publish such modifications.
       (b) Use of Information Acquired Under Title VII.--Section 
     706 of such Act (50 U.S.C. 1881e) is amended--
       (1) in subsection (a), by striking ``, except for the 
     purposes of subsection (j) of such section''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Information Acquired Under Sections 703-705.--
     Information acquired from an acquisition conducted under 
     section 703, 704, or 705 shall be deemed to be information 
     acquired from an electronic surveillance pursuant to title I 
     for the purposes of section 106.''.
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