II 

118TH CONGRESS 

1ST SESSION S. 3372 

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. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 30, 2023 

Mr. PAUL introduced the following bill; which was read twice and referred to 

the Committee on the Judiciary 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fourth Amendment 

5 Restoration and Protection Act’’. 


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1 SEC. 2. LIMITATION ON AUTHORITIES IN FOREIGN INTEL2 LIGENCE SURVEILLANCE ACT OF 1978. 

3 (a) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF

4 1978.— 

5 (1) IN GENERAL.—The Foreign Intelligence 

6 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 

7 is amended by adding at the end the following: 

8 ‘‘TITLE IX—LIMITATIONS 

9 ‘‘SEC. 901. LIMITATIONS ON AUTHORITIES TO SURVEIL 

10 UNITED STATES PERSONS AND ON USE OF IN11 FORMATION CONCERNING UNITED STATES 

12 PERSONS. 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) PEN REGISTER AND TRAP AND TRACE DE15 VICE.—The terms ‘pen register’ and ‘trap and trace 

16 device’ have the meanings given such terms in sec17 tion 3127 of title 18, United States Code. 

18 ‘‘(2) UNITED STATES PERSON.—The term 

19 ‘United States person’ has the meaning given such 

20 term in section 101. 

21 ‘‘(3) DERIVED.—Information or evidence is ‘de22 rived’ from an acquisition when the Government 

23 would not have originally possessed the information 

24 or evidence but for that acquisition, and regardless 

25 of any claim that the information or evidence is at26 tenuated from the surveillance or search, would inVerDate Sep 11 2014 05:49 Dec 05, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3372.IS S3372

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1 evitably have been discovered, or was subsequently 

2 reobtained through other means 

3 ‘‘(b) LIMITATION ON AUTHORITIES.—Notwith4 standing any other provision of this Act, an officer of the 

5 United States may not under this Act request an order 

6 for, and the Foreign Intelligence Surveillance Court may 

7 not under this Act order— 

8 ‘‘(1) electronic surveillance of a United States 

9 person; 

10 ‘‘(2) a physical search of a premises, informa11 tion, material, or property used exclusively by, or 

12 under the open and exclusive control of, a United 

13 States person; 

14 ‘‘(3) approval of the installation and use of a 

15 pen register or trap and trace device to obtain infor16 mation concerning a United States person; 

17 ‘‘(4) the production of tangible things (includ18 ing books, records, papers, documents, and other 

19 items) concerning a United States person; or 

20 ‘‘(5) the targeting of a United States person for 

21 the acquisition of information. 

22 ‘‘(c) LIMITATION ON QUERIES OF INFORMATION

23 COLLECTED UNDER SECTION 702.—Notwithstanding any 

24 other provision of this Act, an officer of the United States 

25 may not conduct a query of information collected pursuant 


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1 to an authorization under section 702(a) using search 

2 terms associated with a United States person. 

3 ‘‘(d) LIMITATION ON USE OF INFORMATION CON4 CERNING UNITED STATES PERSONS.— 

5 ‘‘(1) DEFINITION OF AGGRIEVED PERSON.—In 

6 this subsection, the term ‘aggrieved person’ means a 

7 person who is the target of any surveillance activity 

8 under this Act or any other person whose commu9 nications or activities were subject to any surveil10 lance activity under this Act. 

11 ‘‘(2) IN GENERAL.—Except as provided in para12 graph (3), any information concerning a United 

13 States person acquired or derived from an acquisi14 tion under this Act shall not be used in evidence 

15 against that United States person in any criminal, 

16 civil, or administrative proceeding or as part of any 

17 criminal, civil, or administrative investigation. 

18 ‘‘(3) USE BY AGGRIEVED PERSONS.—An ag19 grieved person who is a United States person may 

20 use information concerning such person acquired 

21 under this Act in a criminal, civil, or administrative 

22 proceeding or as part of a criminal, civil, or adminis23 trative investigation.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of con2 tents preceding section 101 is amended by adding at 

3 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.’’. 

4 (b) LIMITATION ON SURVEILLANCE UNDER EXECU5 TIVE ORDER 12333.— 

6 (1) DEFINITIONS.—In this subsection: 

7 (A) AGGRIEVED PERSON.—The term ‘‘ag8 grieved person’’ means— 

9 (i) a person who is the target of any 

10 surveillance activity under Executive Order 

11 12333 (50 U.S.C. 3001 note; relating to 

12 United States intelligence activities), or 

13 successor order; or 

14 (ii) any other person whose commu15 nications or activities were subject to any 

16 surveillance activity under such Executive 

17 order, or successor order. 

18 (B) PEN REGISTER; TRAP AND TRACE DE19 VICE; UNITED STATES PERSON.—The terms 

20 ‘‘pen register’’, ‘‘trap and trace device’’, and 

21 ‘‘United States person’’ have the meanings 

22 given such terms in section 901 of the Foreign 


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1 Intelligence Surveillance Act of 1978, as added 

2 by subsection (a). 

3 (2) LIMITATION ON ACQUISITION.—Where au4 thority is provided by statute or by the Federal 

5 Rules of Criminal Procedure to perform physical 

6 searches or to acquire, directly or through third par7 ties, communications content, non-contents informa8 tion, or business records, those authorizations shall 

9 provide the exclusive means by which such searches 

10 or acquisition shall take place if the target of acqui11 sition is a United States person. 

12 (3) LIMITATION ON USE IN LEGAL PRO13 CEEDINGS.—Except as provided in paragraph (5), 

14 any information concerning a United States person 

15 acquired or derived from an acquisition under Exec16 utive Order 12333 (50 U.S.C. 3001 note; relating to 

17 United States intelligence activities), or successor 

18 order, shall not be used in evidence against that 

19 United States person in any criminal, civil, or ad20 ministrative proceeding or as part of any criminal, 

21 civil, or administrative investigation. 

22 (4) LIMITATION ON UNITED STATES PERSON

23 QUERIES.—Notwithstanding any other provision of 

24 law, no governmental entity or officer of the United 

25 States shall query communications content, non-conVerDate Sep 11 2014 05:49 Dec 05, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3372.IS S3372

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1 tents information, or business records of a United 

2 States person under Executive Order 12333 (50 

3 U.S.C. 3001 note; relating to United States intel4 ligence activities), or successor order. 

5 (5) USE BY AGGRIEVED PERSONS.—An ag6 grieved person who is a United States person may 

7 use information concerning such person acquired 

8 under Executive Order 12333, or successor order, in 

9 a criminal, civil, or administrative proceeding or as 

10 part of a criminal, civil, or administrative investiga11 tion. 

Æ 


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