[Congressional Record Volume 170, Number 68 (Thursday, April 18, 2024)]
[Senate]
[Pages S2897-S2898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
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