; and (B) are located outside the United States. (3) Objective steps A person shall be presumed to have taken objectively reasonable steps to avoid surveillance under this section if the person demonstrates that the steps were taken in reasonable response to rules of professional conduct or analogous professional rules. . 12. Clarification of applicability of requirement to declassify significant decisions of Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review Section 602 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1872 ) shall apply with respect to decisions, orders, and opinions described in subsection (a) of such section that were issued on, before, or after the date of the enactment of the Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015 ( Public Law 114–23 ). 13. Clarification regarding treatment of information acquired under Foreign Intelligence Surveillance Act of 1978 (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) 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. . (2) Policies and guidance (A) 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