BAG20636 S.L.C. AMENDMENT NO.llll Calendar No.lll Purpose: 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. IN THE SENATE OF THE UNITED STATES—116th Cong., 2d Sess. H. R. 6172 To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the production of certain business records, and for other purposes. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT intended to be proposed by Mr. PAUL Viz: 1 2 At the appropriate place, insert the following: SEC. lll. LIMITATION ON AUTHORITIES IN FOREIGN IN- 3 TELLIGENCE SURVEILLANCE ACT OF 1978. 4 (a) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 5 1978.— 6 (1) IN GENERAL.—The Foreign Intelligence 7 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 8 is amended by adding at the end the following: BAG20636 S.L.C. 2 1 ‘‘TITLE IX—LIMITATIONS 2 ‘‘SEC. 901. LIMITATIONS ON AUTHORITIES TO SURVEIL 3 UNITED STATES PERSONS AND ON USE OF IN- 4 FORMATION CONCERNING UNITED STATES 5 PERSONS. 6 ‘‘(a) DEFINITIONS.—In this section: 7 ‘‘(1) PEN REGISTER AND TRAP AND TRACE DE- 8 VICE.—The 9 device’ have the meanings given such terms in sec- 10 terms ‘pen register’ and ‘trap and trace tion 3127 of title 18, United States Code. 11 ‘‘(2) UNITED STATES PERSON.—The term 12 ‘United States person’ has the meaning given such 13 term in section 101. 14 ‘‘(b) LIMITATION ON AUTHORITIES.—Notwith- 15 standing any other provision of this Act, an officer of the 16 United States may not under this Act request an order 17 for, and the Foreign Intelligence Surveillance Court may 18 not under this Act order— 19 20 ‘‘(1) electronic surveillance of a United States person; 21 ‘‘(2) a physical search of a premises, informa- 22 tion, material, or property used exclusively by, or 23 under the open and exclusive control of, a United 24 States person; BAG20636 S.L.C. 3 1 ‘‘(3) approval of the installation and use of a 2 pen register or trap and trace device to obtain infor- 3 mation concerning a United States person; 4 ‘‘(4) the production of tangible things (includ- 5 ing books, records, papers, documents, and other 6 items) concerning a United States person; or 7 ‘‘(5) the targeting of a United States person for 8 the acquisition of information. 9 ‘‘(c) LIMITATION 10 11 CERNING ON USE OF INFORMATION CON- UNITED STATES PERSONS.— ‘‘(1) DEFINITION OF AGGRIEVED PERSON.—In 12 this subsection, the term ‘aggrieved person’ means a 13 person who is the target of any surveillance activity 14 under this Act or any other person whose commu- 15 nications or activities were subject to any surveil- 16 lance activity under this Act. 17 ‘‘(2) IN GENERAL.—Except as provided in para- 18 graph (3), any information concerning a United 19 States person acquired under this Act shall not be 20 used in evidence against that United States person 21 in any criminal, civil, or administrative proceeding or 22 as part of any criminal, civil, or administrative in- 23 vestigation. 24 25 ‘‘(3) USE BY AGGRIEVED PERSONS.—An ag- grieved person who is a United States person may BAG20636 S.L.C. 4 1 use information concerning such person acquired 2 under this Act in a criminal, civil, or administrative 3 proceeding or as part of a criminal, civil, or adminis- 4 trative investigation. 5 ‘‘(d) WARRANTS.—An officer of the United States 6 seeking to conduct electronic surveillance, a physical 7 search, installation and use of a pen register or trap and 8 trace device, production of tangible things, or targeting 9 for acquisition of information with respect to a United 10 States person as described in subsection (b) may only con11 duct such activities pursuant to a warrant issued using 12 the procedures described in the Federal Rules of Criminal 13 Procedure by a Federal court other than the Foreign In14 telligence Surveillance Court.’’. 15 (2) CLERICAL AMENDMENT.—The table of con- 16 tents preceding section 101 is amended by adding at 17 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.’’. 18 19 20 21 (b) LIMITATION TIVE ON SURVEILLANCE UNDER EXECU- ORDER 12333.— (1) DEFINITIONS.—In this subsection: (A) AGGRIEVED PERSON.—The term ‘‘ag- 22 grieved person’’ means a person who is the tar- 23 get of any surveillance activity under Executive BAG20636 S.L.C. 5 1 Order 12333 (50 U.S.C. 3001 note; relating to 2 United States intelligence activities) or any 3 other person whose communications or activities 4 were subject to any surveillance activity under 5 such Executive Order. 6 (B) PEN REGISTER; TRAP AND TRACE DE- 7 VICE; 8 ‘‘pen register’’, ‘‘trap and trace device’’, and 9 ‘‘United States person’’ have the meanings 10 given such terms in section 901 of the Foreign 11 Intelligence Surveillance Act of 1978, as added 12 by subsection (a). 13 (2) LIMITATION.—Except as provided in para- 14 graph (3), any information concerning a United 15 States person acquired under Executive Order 16 12333 (50 U.S.C. 3001 note; relating to United 17 States intelligence activities) shall not be used in evi- 18 dence against that United States person in any 19 criminal, civil, or administrative proceeding or as 20 part of any criminal, civil, or administrative inves- 21 tigation. 22 UNITED (3) USE BY STATES PERSON.—The AGGRIEVED terms PERSONS.—An ag- 23 grieved person who is a United States person may 24 use information concerning such person acquired 25 under Executive Order 12333 in a criminal, civil, or BAG20636 S.L.C. 6 1 administrative proceeding or as part of a criminal, 2 civil, or administrative investigation.