[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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