S.1070 - Fourth Amendment Restoration Act

A bill to modify the Foreign Intelligence Surveillance Act of 1978 and to require judicial review of National Security Letters and Suspicious Activity Reports to prevent unreasonable searches and for other purposes. view all titles (2)

All Bill Titles

  • Official: A bill to modify the Foreign Intelligence Surveillance Act of 1978 and to require judicial review of National Security Letters and Suspicious Activity Reports to prevent unreasonable searches and for other purposes. as introduced.
  • Short: Fourth Amendment Restoration Act as introduced.

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Introduced
 
Senate
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House
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President
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05/25/11
 
 
 
 
 
 
 

Official 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, incl

Official 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.

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