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, titled 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. Key provisions include imposing stricter requirements on "roving electronic surveillance," which allows for monitoring of targets without specifying a particular location, by requiring more detailed descriptions of targets and locations in judicial orders, and limiting such surveillance to times when the target is reasonably believed to be near a specific, though potentially unknown, facility or 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 minimizing the collection and retention of information obtained through National Security Letters (NSLs), which are administrative requests for records 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 and Suspicious Activity Reports (SARs), requiring a judge to determine if a warrant could be issued for the information sought before an NSL can be issued or a SAR can be mandated, thereby bringing these forms of information gathering under greater judicial oversight.
Sponsors (1)
Last Action
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 66. (on 05/24/2011)
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/1050/all-info |
| BillText | http://gpo.gov/fdsys/pkg/BILLS-112s1050pcs/pdf/BILLS-112s1050pcs.pdf |
| Bill | http://gpo.gov/fdsys/pkg/BILLS-112s1050pcs/pdf/BILLS-112s1050pcs.pdf.pdf |
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