[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3372 Introduced in Senate (IS)]
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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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fourth Amendment Restoration and
Protection Act''.
SEC. 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:
``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.
``(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.
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