[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1070 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1070

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2011

   Mr. Paul introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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.

    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. FINDINGS.

    Congress finds the following:
            (1) The Fourth Amendment of the United States Constitution 
        states ``The right of the people to be secure in their persons, 
        houses, papers, and effects, against unreasonable searches and 
        seizures, shall not be violated, and no Warrants shall issue, 
        but upon probable cause, supported by Oath or affirmation, and 
        particularly describing the place to be searched, and the 
        persons or things to be seized.''.
            (2) Prior to the American Revolution, American colonists 
        objected to the issuance of writs of assistance, which were 
        general warrants that did not specify either the place or goods 
        to be searched.
            (3) Writs of assistance played an important role in the 
        events that led to the American Revolution.
            (4) The Fourth Amendment of the United States Constitution 
        was intended to protect against the issuance of general 
        warrants, and to guarantee that only judges, not soldiers or 
        police officers, are able to issue warrants.
            (5) Various provisions of the USA PATRIOT Act (Public Law 
        107-56; 115 Stat. 272) expressly violate the original intent of 
        the Fourth Amendment of the United States Constitution.

SEC. 3. LIMITATIONS ON ROVING WIRETAPS.

    Section 105(c) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1805(c)) is amended--
            (1) in paragraph (1), by striking subparagraphs (A) and (B) 
        and inserting the following:
            ``(A)(i) the identity of the target of the electronic 
        surveillance, if known; or
            ``(ii) if the identity of the target is not known, a 
        description of the specific target and the nature and location 
        of the facilities and places at which the electronic 
        surveillance will be directed;
            ``(B)(i) the nature and location of each of the facilities 
        or places at which the electronic surveillance will be 
        directed, if known; or
            ``(ii) if any of the facilities or places are not known, 
        the identity of the target;''; and
            (2) in paragraph (2)--
                    (A) by redesignating subparagraphs (B) through (D) 
                as subparagraphs (C) through (E), respectively; and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) in cases where the facility or place at which 
                the electronic surveillance will be directed is not 
                known at the time the order is issued, that the 
                electronic surveillance be conducted only for such time 
                as it is reasonable to presume that the target of the 
                surveillance is or was reasonably proximate to the 
                particular facility or place;''.

SEC. 4. SUNSETS ON ROVING WIRETAP AUTHORITY AND ACCESS TO BUSINESS 
              RECORDS.

    Section 102(b)(1) of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note, 
50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended to read as 
follows:
            ``(1) In general.--
                    ``(A) Section 206.--Effective December 31, 2013, 
                the Foreign Intelligence Surveillance Act of 1978 is 
                amended so that section 105(c)(2) (50 U.S.C. 
                1805(c)(2)) read as such section read on October 25, 
                2001.
                    ``(B) Section 215.--Effective February 28, 2011, 
                the Foreign Intelligence Surveillance Act of 1978 is 
                amended so that sections 501 and 502 (50 U.S.C. 1861 
                and 1862) read as such sections read on October 25, 
                2001.''.

SEC. 5. MINIMIZATION PROCEDURES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall establish 
minimization and destruction procedures governing the acquisition, 
retention, and dissemination by the Federal Bureau of Investigation of 
any records received by the Federal Bureau of Investigation--
            (1) in response to a National Security Letter issued under 
        section 2709 of title 18, United States Code, section 626 or 
        627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 
        1681v), section 1114 of the Right to Financial Privacy Act of 
        1978 (12 U.S.C. 3414), or section 802(a) of the National 
        Security Act of 1947 (50 U.S.C. 436(a)); or
            (2) pursuant to title V of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
    (b) Minimization and Destruction Procedures Defined.--In this 
section, the term ``minimization and destruction procedures'' means--
            (1) specific procedures that are reasonably designed in 
        light of the purpose and technique of a National Security 
        Letter or a request for tangible things for an investigation to 
        obtain foreign intelligence information, as appropriate, to 
        minimize the acquisition and retention, and prohibit the 
        dissemination, of nonpublicly available information concerning 
        unconsenting United States persons consistent with the need of 
        the United States to obtain, produce, and disseminate foreign 
        intelligence information, including procedures to ensure that 
        information obtained that is outside the scope of such National 
        Security Letter or request, is returned or destroyed;
            (2) procedures that require that nonpublicly available 
        information, which is not foreign intelligence information (as 
        defined in section 101(e)(1) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801(e)(1))) shall not be 
        disseminated in a manner that identifies any United States 
        person, without the consent of the United States person, unless 
        the identity of the United States person is necessary to 
        understand foreign intelligence information or assess its 
        importance; and
            (3) notwithstanding paragraphs (1) and (2), procedures that 
        allow for the retention and dissemination of information that 
        is evidence of a crime which has been, is being, or is about to 
        be committed and that is to be retained or disseminated for law 
        enforcement purposes.

SEC. 6. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

    Section 3511 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(f) National Security Letters.--An officer or employee of the 
United States may not issue a National Security Letter under section 
270 of title 18, United States Code, section 626 or 627 of the Fair 
Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the 
Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 
802(a) of the National Security Act of 1947 (50 U.S.C. 436(a)) unless--
            ``(1) the National Security Letter is submitted to a judge 
        of the court established under section 103(a) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1803); and
            ``(2) such judge issues an order finding that a warrant 
        could be issued under rule 41 of the Federal Rules of Criminal 
        Procedure to search for and seize the information sought to be 
        obtained in the National Security Letter.''.

SEC. 7. JUDICIAL REVIEW OF SUSPICIOUS ACTIVITY REPORTS.

    Section 5318(g) of title 31, United States Code, is amended--
            (1) in paragraph (1), by inserting before the period at the 
        end ``, subject to judicial review under paragraph (5)''; and
            (2) by adding at the end the following:
            ``(5) Judicial review.--The Secretary may not, under this 
        section or the rules issued under this section, or under any 
        other provision of law, require any financial institution, 
        director, officer, employee, or agent of any financial 
        institution, or any other entity that is otherwise subject to 
        regulation or oversight by the Secretary or pursuant to the 
        securities laws (as that term is defined under section 3 of the 
        Securities Exchange Act of 1934) to report any transaction 
        under this section or its equivalent under such provision of 
        law, unless the appropriate district court of the United States 
        issues an order finding that a warrant could be issued under 
        rule 41 of the Federal Rules of Criminal Procedure for the 
        information sought to be obtained by the Secretary.''.
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