S.Amdt. 4394

SA 4394. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; 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.

[[Page S7903]]

``(3) Derived.--Information or evidence is `derived' from
an acquisition when the Government would not have originally
possessed the information or evidence but for that
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) 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 or
derived from an acquisition 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.''.
(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 on acquisition.--Where authority is provided
by statute or by the Federal Rules of Criminal Procedure to
perform physical searches or to acquire, directly or through
third parties, communications content, non-contents
information, or business records, those authorizations shall
provide the exclusive means by which such searches or
acquisition shall take place if the target of acquisition is
a United States person and the information is sought for
foreign intelligence purposes.
(3) Limitation on use in legal proceedings.--Except as
provided in paragraph (5), any information concerning a
United States person acquired or derived from an acquisition
under Executive Order 12333 (50 U.S.C. 3001 note; relating to
United States intelligence activities), where such
acquisition is not authorized by statute or by the Federal
Rules of Criminal Procedure, 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.
(4) Limitation on united states person queries.--No
governmental entity shall query communications content, non-
contents information, or business records acquired for
foreign intelligence purposes under Executive Order 12333 (50
U.S.C. 3001 note; relating to United States intelligence
activities) but without statutory authorization or
authorization under the Federal Rules of Criminal Procedure
using search terms associated with a United States person.
(5) 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.
______