S3372-118

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 The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the end the following: In this section: The terms pen register and trap and trace device have the meanings given such terms in section 3127 of title 18, United States Code. The term United States person has the meaning given such term in section 101. 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 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— electronic surveillance of a United States person; 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; approval of the installation and use of a pen register or trap and trace device to obtain information concerning a United States person; the production of tangible things (including books, records, papers, documents, and other items) concerning a United States person; or the targeting of a United States person for the acquisition of information. 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. 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. 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. 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. The table of contents preceding section 101 is amended by adding at the end the following: In this subsection: The term aggrieved person means— 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 any other person whose communications or activities were subject to any surveillance activity under such Executive order, or successor order. 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). 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. 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. 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. 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. IXLimitations901.Limitations on authorities to surveil United States persons and on use of information concerning United States persons(a)DefinitionsIn this section:(1)Pen register and trap and trace deviceThe 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 personThe term United States person has the meaning given such term in section 101.(3)DerivedInformation 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 authoritiesNotwithstanding 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 702Notwithstanding 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 personIn 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 generalExcept 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 personsAn 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.. TITLE IX—Limitations Sec. 901. Limitations on authorities to surveil United States persons and on use of information concerning United States persons..

901. Limitations on authorities to surveil United States persons and on use of information concerning United States persons In this section: The terms pen register and trap and trace device have the meanings given such terms in section 3127 of title 18, United States Code. The term United States person has the meaning given such term in section 101. 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 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— electronic surveillance of a United States person; 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; approval of the installation and use of a pen register or trap and trace device to obtain information concerning a United States person; the production of tangible things (including books, records, papers, documents, and other items) concerning a United States person; or the targeting of a United States person for the acquisition of information. 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. 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. 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. 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.