Clarification regarding treatment of information and evidence acquired under the Foreign Intelligence Surveillance Act of 1978

(a) In general Section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801), as amended by section 2(a), is further amended by adding at the end the following: (t) 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.. (b) Policies and guidance (1) 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: (A) Policies concerning the application of subsection (t) of section 101 of such Act, as added by subsection (a). (B) 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 (t). (2) Modifications Whenever the Attorney General and the Director modify a policy or guidance published under paragraph (1), the Attorney General and the Director shall publish such modifications.