Sec. 13. Clarification regarding treatment of information acquired under Foreign Intelligence Surveillance Act of 1978
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Section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ) is amended by adding at the end the following: 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. .
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: Policies concerning the application of subsection
(q)of section 101 of such Act, as added by paragraph (1). 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. 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. Section 706 of such Act ( 50 U.S.C. 1881e ) is amended— in subsection (a), by striking , except for the purposes of subsection
(j)of such section ; and by amending subsection
(b)to read as follows: 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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Sec. 13
Clarification regarding treatment of information acquired under Foreign Intelligence Surveillance Act of 1978
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