Fourth Amendment Restoration and Protection Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4998 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4998

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

                             July 15, 2026

   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 of 2026''.

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.
    (c) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to abrogate
jurisprudence of the Supreme Court of the United States relating to the
exceptions to the warrant requirement of the Fourth Amendment to the
Constitution of the United States, including the exigent circumstances
exception.
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