S.Amdt. 1888

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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