To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the use of authorities under such Act to surveil United States persons and to prohibit the use of information acquired under such Act in any criminal, civil, or administrative proceeding or as part of any criminal, civil, or administrative investigation, and for other purposes.

SA 1586. Mr. PAUL proposed an amendment to the bill H.R. 6172, to
amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the
production of certain business records, and for other purposes; as
follows:

At the appropriate place, insert the following:

SEC. ___. LIMITATION ON AUTHORITIES IN FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.

(a) Foreign Intelligence Surveillance Act of 1978.--
(1) In general.--The Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the
end the following:

``TITLE IX--LIMITATIONS

``SEC. 901. LIMITATIONS ON AUTHORITIES TO SURVEIL UNITED
STATES PERSONS AND ON USE OF INFORMATION
CONCERNING UNITED STATES PERSONS.

``(a) Definitions.--In this section:
``(1) Pen register and trap and trace device.--The terms
`pen register' and `trap and trace device' have the meanings
given such terms in section 3127 of title 18, United States
Code.
``(2) United states person.--The term `United States
person' has the meaning given such term in section 101.
``(b) Limitation on Authorities.--Notwithstanding any other
provision of this Act, an officer of the United States may
not under this Act request an order for, and the Foreign
Intelligence Surveillance Court may not under this Act
order--
``(1) electronic surveillance of a United States person;
``(2) a physical search of a premises, information,
material, or property used exclusively by, or under the open
and exclusive control of, a United States person;
``(3) approval of the installation and use of a pen
register or trap and trace device to obtain information
concerning a United States person;
``(4) the production of tangible things (including books,
records, papers, documents, and other items) concerning a
United States person; or
``(5) the targeting of a United States person for the
acquisition of information.
``(c) Limitation on Use of Information Concerning United
States Persons.--
``(1) Definition of aggrieved person.--In this subsection,
the term `aggrieved person' means a person who is the target
of any surveillance activity under this Act or any other
person whose communications or activities were subject to any
surveillance activity under this Act.
``(2) In general.--Except as provided in paragraph (3), any
information concerning a United States person acquired under
this Act shall not be used in evidence against that United
States person in any criminal, civil, or administrative
proceeding or as part of any criminal, civil, or
administrative investigation.
``(3) Use by aggrieved persons.--An aggrieved person who is
a United States person may use information concerning such
person acquired under this Act in a criminal, civil, or
administrative proceeding or as part of a criminal, civil, or
administrative investigation.
``(d) Warrants.--An officer of the United States seeking to
conduct electronic surveillance, a physical search,
installation and use of a pen register or trap and trace
device, production of tangible things, or targeting for
acquisition of information with respect to a United States
person as described in subsection (b) may only conduct such
activities pursuant to a warrant issued using the procedures
described in the Federal Rules of Criminal Procedure by a
Federal court other than the Foreign Intelligence
Surveillance Court.''.
(2) Clerical amendment.--The table of contents preceding
section 101 is amended by adding at the end the following:

``TITLE IX--LIMITATIONS

``Sec. 901. Limitations on authorities to surveil United States persons
and on use of information concerning United States
persons.''.

(b) Limitation on Surveillance Under Executive Order
12333.--
(1) Definitions.--In this subsection:
(A) Aggrieved person.--The term ``aggrieved person'' means
a person who is the target of any surveillance activity under
Executive Order 12333 (50 U.S.C. 3001 note; relating to
United States intelligence activities) or any other person
whose communications or activities were subject to any
surveillance activity under such Executive Order.
(B) Pen register; trap and trace device; united states
person.--The terms ``pen register'', ``trap and trace
device'', and ``United States person'' have the meanings
given such terms in section 901 of the Foreign Intelligence
Surveillance Act of 1978, as added by subsection (a).
(2) Limitation.--Except as provided in paragraph (3), any
information concerning a United States person acquired under
Executive Order 12333 (50 U.S.C. 3001 note; relating to
United States intelligence activities) shall not be used in
evidence against that United States person in any criminal,
civil, or administrative proceeding or as part of any
criminal, civil, or administrative investigation.
(3) Use by aggrieved persons.--An aggrieved person who is a
United States person may use information concerning such
person acquired under Executive Order 12333 in a criminal,
civil, or administrative proceeding or as part of a criminal,
civil, or administrative investigation.
______