Fourth Amendment Restoration and Protection Act

Bill: 118-s-3372
Sponsor: full_name: Sen. Paul, Rand [R-KY]
Introduced: 2023-11-30
Policy area: Armed Forces and National Security
Latest action: action_date: 2023-11-30
text: Read twice and referred to the Committee on the Judiciary.

Summaries:

tv_txt: II 118th CONGRESS 1st Session S. 3372 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. Short title This Act may be cited as the Fourth Amendment Restoration and Protection Act . 2. 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: IX Limitations 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. (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 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— (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 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. (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.