[Congressional Record Volume 161, Number 85 (Sunday, May 31, 2015)]
[Senate]
[Page S3345]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1446. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 2048, to reform the authorities of the Federal 
Government to require the production of certain business records, 
conduct electronic surveillance, use pen registers and trap and trace 
devices, and use other forms of information gathering for foreign 
intelligence, counterterrorism, and criminal purposes, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FOURTH AMENDMENT PRESERVATION AND PROTECTION.

       (a) Short Title.--This section may be cited as the ``Fourth 
     Amendment Preservation and Protection Act of 2015''.
       (b) 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.
       (c) Definition.--In this section, 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.
       (d) Prohibition.--
       (1) In general.--Except as provided in paragraph (2), the 
     Federal Government and a State or local government may not 
     obtain or seek 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.
       (2) 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--
       (A) 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
       (B) 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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