summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
112th Congress
Bill Summary
Fourth Amendment Restoration Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to impose limits on roving electronic surveillance by revising specifications and adding directions required to be included in the order of a designated judge approving such surveillance, including, in cases where the facility or place at which the electronic surveillance will be directed is unknown at the time the order is issued, that the electronic surveillance be conducted only for such time as reasonable to presume that the target of the surveillance is or was reasonably proximate to the particular facility or place. Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to make the following FISA provisions, subject to exceptions, read as they read on October 25, 2001 (prior to enactment of the USA PATRIOT Act on October 26, 2001): (1) effective December 31, 2013, provisions specifying the directions to be contained in orders approving electronic surveillance of a foreign power or agent of a foreign power; and (2) effective February 28, 2011, provisions authorizing the Federal Bureau of Investigation (FBI) to apply for orders requiring production of business records and other tangible things in investigations related to foreign intelligence and international terrorism and directing the Attorney General (AG) to annually inform Congress of such requests. Directs the AG to establish minimization and destruction procedures, as specified, governing the acquisition, retention, and dissemination of any records received by the FBI: (1) in response to a national security letter issued under specified federal criminal code provisions authorizing the FBI to request telephone toll and transactional records from wire or electronic communication service providers for counterintelligence purposes, the Fair Credit Reporting Act, the Right to Financial Privacy Act of 1978, or the National Security Act of 1947; or (2) pursuant to the above FISA provisions authorizing the FBI to apply for production of business records and other tangible things and directing the AG to inform Congress of such requests. Sets forth provisions requiring judicial review of certain national security letters and suspicious activity reports.
AI Summary
This bill, the Fourth Amendment Restoration Act, aims to strengthen protections against unreasonable searches and seizures by amending the Foreign Intelligence Surveillance Act of 1978 (FISA) and related laws. It imposes stricter requirements for "roving electronic surveillance," which allows for monitoring of a target wherever they may be, by requiring more specific details in court orders, especially when the exact location of surveillance is unknown, limiting it to times when the target is reasonably presumed to be near a particular place. The bill also seeks to revert certain FISA provisions related to electronic surveillance and the FBI's ability to obtain business records back to their pre-USA PATRIOT Act wording from October 25, 2001, effectively rolling back some expanded surveillance powers. Furthermore, it mandates that the Attorney General establish procedures for the FBI to minimize the acquisition, retention, and dissemination of records obtained through National Security Letters (NSLs), which are administrative requests for information from entities like phone companies, and through certain FISA provisions, ensuring that information about U.S. persons is handled carefully and destroyed if not relevant to foreign intelligence or evidence of a crime. Crucially, the bill introduces judicial review for NSLs, requiring a judge to approve them similarly to how a search warrant is issued, and also mandates judicial review for Suspicious Activity Reports (SARs), which financial institutions file to report potentially illicit transactions, before they can be required.
Committee Categories
Justice
Sponsors (1)
Last Action
Read twice and referred to the Committee on the Judiciary. (on 05/25/2011)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.congress.gov/bill/112th-congress/senate-bill/1070/all-info |
| BillText | http://gpo.gov/fdsys/pkg/BILLS-112s1070is/pdf/BILLS-112s1070is.pdf |
| Bill | http://gpo.gov/fdsys/pkg/BILLS-112s1070is/pdf/BILLS-112s1070is.pdf.pdf |
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