Prohibition on avoiding disclosure obligations through parallel construction

(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) Derived from, with respect to an electronic surveillance, physical search, use of a pen register or trap and trace device, production of tangible things, or acquisition under this Act or pursuant to executive authority, means 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, which shall be determined without regard to any claim that the information or evidence is attenuated from the surveillance, search, use, production, or acquisition, would inevitably have been discovered, or was subsequently reobtained through other means.. (2) Conforming addition to other titles The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended— (A) in section 301(1) (50 U.S.C. 1821(1)), by inserting derived from, after destruction’,; (B) in section 401(1) (50 U.S.C. 1841(1)), by inserting derived from, after person’,; (C) in section 501(1) (50 U.S.C. 1861(1)), by inserting derived from, after terrorism’,; and (D) in section 701(a) (50 U.S.C. 1881(a)), by inserting derived from, after United States’,. (b) Policies and guidance (1) In general Not later than 90 days after the date of enactment of this Act, the Attorney General and the Director of National Intelligence shall publish— (A) policies concerning the application of subsection (q) of section 101 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a); and (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 subsection (q) of section 101 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a). (2) Modifications Whenever the Attorney General and the Director of National Intelligence modify a policy or guidance published under paragraph (1), the Attorney General and the Director shall publish the modifications. (c) Use of information acquired under title VII Section 706 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881e) is amended— (1) in subsection (a)(1), 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, 704, or 705 Information acquired 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..