[Congressional Record Volume 164, Number 9 (Tuesday, January 16, 2018)]
[Senate]
[Page S199]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1888. 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 15, strike line 8 and all that follows through page 
     17, line 11, and insert the following:
       (a) Limitation on Use of Information Obtained Under Certain 
     Authority of Foreign Intelligence Surveillance Act of 1978 
     Relating to United States Persons.--Section 706(a) (50 U.S.C. 
     1881e(a)) is amended--
       (1) by striking ``Information acquired'' and inserting the 
     following:
       ``(1) In general.--Information acquired''; and
       (2) by adding at the end the following:
       ``(2) Limitation on use in criminal, civil, and 
     administrative proceedings and investigations.--No 
     communication to or from, or information about, a person 
     acquired under section 702 who is either a United States 
     person or is located in the United States may be introduced 
     as evidence against the person in any criminal, civil, or 
     administrative proceeding or used as part of any criminal, 
     civil, or administrative investigation, except--
       ``(A) with the prior approval of the Attorney General; and
       ``(B) in a proceeding or investigation in which the 
     information is directly related to and necessary to address a 
     specific threat of--
       ``(i) terrorism (as defined in clauses (i) through (iii) of 
     section 2332(g)(5)(B) of title 18, United States Code);
       ``(ii) espionage (as used in chapter 37 of title 18, United 
     States Code);
       ``(iii) proliferation or use of a weapon of mass 
     destruction (as defined in section 2332a(c) of title 18, 
     United States Code);
       ``(iv) a cybersecurity threat from a foreign country;
       ``(v) incapacitation or destruction of critical 
     infrastructure (as defined in section 1016(e) of the Uniting 
     and Strengthening America by Providing Appropriate Tools 
     Required to Intercept and Obstruct Terrorism (USA PATRIOT 
     ACT) Act of 2001 (42 U.S.C. 5195c(e))); or
       ``(vi) a threat to the armed forces of the United States or 
     an ally of the United States or to other personnel of the 
     United States Government or a government of an ally of the 
     United States.''.
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