Fourth Amendment Restoration Act
Bill: H.R.8173 | Sponsor: Rep. Biggs, Andy (R-AZ)
Policy area: Armed Forces and National Security

Summary:
Fourth Amendment Restoration Act
This bill limits surveillance conducted for foreign intelligence purposes.
Specifically, the bill repeals provisions authorizing without a court order various types of searches and surveillance for foreign intelligence purposes, including electronic surveillance and access to business records.
An officer of the U.S. government must obtain a warrant for certain search and surveillance activities against a U.S. citizen, including (1) conducting electronic surveillance, (2) conducting physical searches of property under a U.S. citizen's exclusive control, or (3) targeting a U.S. citizen to acquire foreign intelligence information. The bill provides for criminal penalties for a person who knowingly violates these requirements or otherwise obtains such information under color of law without statutory authorization.
Information about a U.S. citizen acquired under Executive Order 12333 (relating to intelligence gathering) or during surveillance of a non-U.S. citizen shall not be used against the U.S. citizen in any civil, criminal, or administrative proceeding or investigation.

To repeal the Foreign Intelligence Surveillance Act.

    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 Act''.

SEC. 2. REPEAL OF FOREIGN SURVEILLANCE AUTHORITIES.

    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
et seq.) is repealed.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
     (a) 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.
    (b) United States Citizen.--The term ``United States citizen'' 
means an individual who is a citizen of the United States.
    (c) Foreign Intelligence Information.--The term ``foreign 
intelligence information'' means--
            (1) information that relates to, and if concerning a United 
        States citizen is necessary to, the ability of the United 
        States to protect against--
                    (A) actual or potential attack or other grave 
                hostile acts of a foreign power or an agent of a 
                foreign power;
                    (B) sabotage, international terrorism, or the 
                intentional proliferation of weapons of mass 
                destruction by a foreign power or an agent of a foreign 
                power; or
                    (C) clandestine intelligence activities by an 
                intelligence service or network of a foreign power or 
                by an agent of a foreign power; or
            (2) information with respect to a foreign power or foreign 
        territory that relates to, and if concerning a United States 
        citizen, is necessary to--
                    (A) the national defense or the security of the 
                United States; or
                    (B) the conduct of the foreign affairs of the 
                United States.
    (d) Electronic Surveillance.--The term ``electronic surveillance'' 
means--
            (1) the acquisition by an electronic, mechanical, or other 
        surveillance device of the contents of any wire or radio 
        communication sent by or intended to be received by a 
        particular, known United States citizen who is in the United 
        States, if the contents are acquired by intentionally targeting 
        that United States citizen, under circumstances in which a 
        citizen has a reasonable expectation of privacy and a warrant 
        would be required for law enforcement purposes; or
            (2) the installation or use of an electronic, mechanical, 
        or other surveillance device in the United States for 
        monitoring to acquire information, other than from a wire or 
        radio communication, under circumstances in which a citizen has 
        a reasonable expectation of privacy and a warrant would be 
        required for law enforcement purposes.
    (e) Wire Communication.--The term ``wire communication'' means any 
communication while it is being carried by a wire, cable, or other like 
connection furnished or operated by any person engaged as a common 
carrier in providing or operating such facilities for the transmission 
of interstate or foreign communications.

SEC. 4. PROHIBITIONS ON SURVEILLING UNITED STATES CITIZENS.

    (a) An officer of the United States must obtain a warrant issued 
using the procedures described in the Federal Rules of Criminal 
Procedure by a Federal court in order to conduct or request--
            (1) electronic surveillance of a United States citizen;
            (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 citizen;
            (3) approval of the installation and use of a pen register 
        or trap and trace device, a sole or significant purpose of 
        which is to obtain foreign intelligence information concerning 
        a United States citizen;
            (4) the production of tangible things (including books, 
        records, papers, documents, and other items) concerning a 
        United States citizen to obtain foreign intelligence 
        information; or
            (5) the targeting of a United States citizen for the 
        acquisition of foreign intelligence information.
    (b) Any information concerning a United States citizen acquired 
under Executive Order 12333 (50 U.S.C. 3001 note; relating to United 
States intelligence activities) shall not be used in evidence against 
that United States citizen in any criminal, civil, or administrative 
proceeding or as part of any criminal, civil, or administrative 
investigation.

SEC. 5. LIMITATION ON USE OF INFORMATION CONCERNING UNITED STATES 
              CITIZENS.

    Any information concerning a United States citizen acquired during 
surveillance of a non-United States citizen shall not be used in 
evidence against that United States citizen in any criminal, civil, or 
administrative proceeding or as part of any criminal, civil, or 
administrative investigation.

SEC. 6. CRIMINAL SANCTIONS.

    (a) A person is guilty of an offense if he intentionally--
            (1) engages in any of the offenses described in section 4, 
        except as authorized by this Act, title 18, or any express 
        statutory authorization that is an additional exclusive means 
        for conducting electronic surveillance under section 1812 of 
        title 50; or
            (2) discloses or uses information obtained under color of 
        law by any of the methods described in section 4, paragraph 
        (1), knowing or having reason to know that the information was 
        obtained without authorization by this chapter, title 18, or 
        any express statutory authorization that is an additional 
        exclusive means for conducting electronic surveillance under 
        section 1812 of title 50.
    (b) It is a defense to prosecution under subsection (a) that the 
defendant was a law enforcement officer or investigative officer 
engaging in the course of his official duties and the conduct was 
authorized and conducted pursuant to a search warrant or court order of 
a court of competent jurisdiction.
    (c) An offense described in this section is punishable by a fine of 
not more than $10,000 or imprisonment for not less than five years, or 
both.
    (d) There is a Federal jurisdiction over an offense under this 
section if the person committing the offense was an officer or employee 
of the United States at the time the offense was committed.
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