[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1037 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1037

To ensure adequate protection of the rights under the Fourth Amendment 
               to the Constitution of the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2013

   Mr. Paul introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To ensure adequate protection of the rights under the Fourth Amendment 
               to the Constitution of the United States.

    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 Preservation and 
Protection Act of 2013''.

SEC. 2. FINDINGS.

    Congress finds that the right under the Fourth Amendment to the 
Constitution of the United States of the people to be secure in their 
persons, houses, papers, and effects against unreasonable searches and 
seizures is violated when the Federal Government or a State or local 
government acquires information voluntarily relinquished by a person to 
another party for a limited business purpose without the express 
informed consent of the person to the specific request by the Federal 
Government or a State or local government or a warrant, upon probable 
cause, supported by oath or affirmation, and particularly describing 
the place to be searched, and the persons or things to be seized.

SEC. 3. DEFINITION.

    In this Act, the term ``system of records'' means any group of 
records from which information is retrieved by the name of the 
individual or by some identifying number, symbol, or other identifying 
particular associated with the individual.

SEC. 4. PROHIBITION.

    (a) In General.--Except as provided in subsection (b), the Federal 
Government and a State or local government is prohibited from obtaining 
or seeking to obtain information relating to an individual or group of 
individuals held by a third-party in a system of records, and no such 
information shall be admissible in a criminal prosecution in a court of 
law.
    (b) Exception.--The Federal Government or a State or local 
government may obtain, and a court may admit, information relating to 
an individual held by a third-party in a system of records if--
            (1) the individual whose name or identification information 
        the Federal Government or State or local government is using to 
        access the information provides express and informed consent to 
        the search; or
            (2) the Federal Government or State or local government 
        obtains a warrant, upon probable cause, supported by oath or 
        affirmation, and particularly describing the place to be 
        searched, and the persons or things to be seized.
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