[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7902-S7903]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
                                 ______