To prohibit the use of authorities under the Foreign Intelligence Surveillance Act of 1978 to surveil United States persons, to prohibit queries under such Act using search terms associated with 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.

SA 1828. Mr. PAUL submitted an amendment intended to be proposed by
him 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. 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, ON CONDUCTING QUERIES, 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.
``(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 Queries of Information Collected Under
Section 702.--Notwithstanding any other provision of this
Act, an officer of the United States may not conduct a query
of information collected pursuant to an authorization under
section 702(a) using search terms associated with a United
States person.
``(d) 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 of such Act is amended by adding at the end the
following:

``TITLE IX--LIMITATIONS

``Sec. 901. Limitations on authorities to surveil United States
persons, on conducting queries, and on use of information
concerning United States persons.''.
(b) Limitations Relating to Executive Order 12333.--
(1) Definitions.--In this subsection:
(A) Aggrieved person.--The term ``aggrieved person''
means--
(i) 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 successor order;
or
(ii) any other person whose communications or activities
were subject to any surveillance activity under such
Executive order, or successor 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

[[Page S2896]]

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 the acquisition
is a United States person.
(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), or successor order,
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.--
Notwithstanding any other provision of law, no governmental
entity or officer of the United States shall query
communications content, non-contents information, or business
records of a United States person under Executive Order 12333
(50 U.S.C. 3001 note; relating to United States intelligence
activities), or successor order.
(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, or successor
order, in a criminal, civil, or administrative proceeding or
as part of a criminal, civil, or administrative
investigation.
(c) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to
abrogate jurisprudence of the Supreme Court of the United
States relating to the exceptions to the warrant requirement
of the Fourth Amendment to the Constitution of the United
States, including the exigent circumstances exception.
______