H.R. 117 — Fourth Amendment Restoration Act

This section establishes the short title of the Act as the “Fourth Amendment Restoration Act.”

This section repeals the Foreign Intelligence Surveillance Act of 1978 (FISA) in its entirety, including the statutory authorities codified at 50 U.S.C. 1801 et seq. (Thus, the legal framework governing foreign intelligence surveillance under FISA would be eliminated.)

This section provides definitions for the Act, including by incorporating the meanings of “pen register” and “trap and trace device” from 18 U.S.C. § 3127. It also defines “United States citizen” as an individual who is a citizen of the United States, “foreign intelligence information” as information relating to foreign threats, sabotage, terrorism, weapons proliferation, clandestine intelligence activities, national defense, security, or foreign affairs, and “electronic surveillance” as the intentional acquisition of certain communications or other information in the United States under circumstances in which a citizen has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes. In addition, it defines “wire communication” as any communication carried by a wire, cable, or similar connection furnished or operated by a common carrier for interstate or foreign communications.

This section establishes a warrant requirement for United States officers to conduct or request five types of intelligence activities involving a United States citizen: (1) electronic surveillance; (2) a physical search of premises, information, material, or property used exclusively by, or under the open and exclusive control of, a United States citizen; (3) installation and use of a pen register or trap and trace device when a sole or significant purpose is to obtain foreign intelligence information concerning a United States citizen; (4) production of tangible things, including books, records, papers, documents, and other items, to obtain foreign intelligence information concerning a United States citizen; and (5) targeting a United States citizen for the acquisition of foreign intelligence information. It also prohibits the use, in any criminal, civil, or administrative proceeding or investigation, of information concerning a United States citizen acquired under Executive Order 12333 (50 U.S.C. 3001 note; relating to United States intelligence activities).

This section limits the use of information concerning a United States citizen that is acquired during surveillance of a non-United States citizen by prohibiting its use as evidence against that U.S. citizen in any criminal, civil, or administrative proceeding or as part of any criminal, civil, or administrative investigation.

This section establishes criminal penalties for intentionally engaging in unauthorized electronic surveillance or for disclosing or using information obtained through unauthorized surveillance, except where authorized by this Act, title 18, or another express statutory authorization under 50 U.S.C. § 1812. It provides a defense for law enforcement or investigative officers acting within their official duties pursuant to a search warrant or court order issued by a court of competent jurisdiction. It makes violations punishable by a fine of not more than $10,000 or imprisonment for not less than 5 years, or both, and establishes federal jurisdiction when the offender was an officer or employee of the United States at the time of the offense.