S.Amdt. 1830

SA 1830. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill H.R. 7888, to reform the Foreign Intelligence
Surveillance Act of 1978; which was ordered to lie on the table; as
follows:

At the end, add the following:

SEC. 26. 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) 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.''.
(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 (q)
of section 101 of such Act, as added by subsection (a).

[[Page S2898]]

(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 (q).
(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.
______