S.Amdt. 1902

SA 1902. 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 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.''.

____________________