[Congressional Record Volume 170, Number 68 (Thursday, April 18, 2024)]
[Senate]
[Pages S2895-S2896]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
                                 ______