Fourth Amendment Restoration Act

I 116TH CONGRESS 2D SESSION H. R. 6804 To repeal the Foreign Intelligence Surveillance Act. IN THE HOUSE OF REPRESENTATIVES MAY 12, 2020 Mr. BIGGS introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Permanent Select Committee on Intelligence, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned A BILL To repeal the Foreign Intelligence Surveillance Act. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fourth Amendment 4 Restoration Act’’. 5 SEC. 2. REPEAL OF FOREIGN SURVEILLANCE AUTHORI- 6 TIES. 7 Strike ‘‘50 U.S.C. Chapter 36—Foreign Intelligence 8 Surveillance’’. 9 VerDate Sep 11 2014 00:37 May 30, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6804.IH H6804 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 6804 IH SEC. 3. DEFINITIONS. 1 For the purposes of this Act— 2 (a) PEN REGISTER AND TRAP AND TRACE DE- 3 VICE.—The terms ‘‘pen register’’ and ‘‘trap and trace de- 4 vice’’ have the meanings given such terms in section 3127 5 of title 18, United States Code. 6 (b) UNITED STATES CITIZEN.—The term ‘‘United 7 States citizen’’ means an individual who is a citizen of the 8 United States. 9 (c) FOREIGN INTELLIGENCE INFORMATION.—The 10 term ‘‘foreign intelligence information’’ means— 11 (1) information that relates to, and if con- 12 cerning a United States citizen is necessary to, the 13 ability of the United States to protect against— 14 (A) actual or potential attack or other 15 grave hostile acts of a foreign power or an 16 agent of a foreign power; 17 (B) sabotage, international terrorism, or 18 the intentional proliferation of weapons of mass 19 destruction by a foreign power or an agent of 20 a foreign power; or 21 (C) clandestine intelligence activities by an 22 intelligence service or network of a foreign 23 power or by an agent of a foreign power; or 24 VerDate Sep 11 2014 00:37 May 30, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6804.IH H6804 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 6804 IH (2) information with respect to a foreign power 1 or foreign territory that relates to, and if concerning 2 a United States citizen, is necessary to— 3 (A) the national defense or the security of 4 the United States; or 5 (B) the conduct of the foreign affairs of 6 the United States. 7 (d) ELECTRONIC SURVEILLANCE.—The term ‘‘elec- 8 tronic surveillance’’ means— 9 (1) the acquisition by an electronic, mechanical, 10 or other surveillance device of the contents of any 11 wire or radio communication sent by or intended to 12 be received by a particular, known United States cit- 13 izen who is in the United States, if the contents are 14 acquired by intentionally targeting that United 15 States citizen, under circumstances in which a cit- 16 izen has a reasonable expectation of privacy and a 17 warrant would be required for law enforcement pur- 18 poses; or 19 (2) the installation or use of an electronic, me- 20 chanical, or other surveillance device in the United 21 States for monitoring to acquire information, other 22 than from a wire or radio communication, under cir- 23 cumstances in which a citizen has a reasonable ex- 24 VerDate Sep 11 2014 00:37 May 30, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6804.IH H6804 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 6804 IH pectation of privacy and a warrant would be re- 1 quired for law enforcement purposes. 2 (e) WIRE COMMUNICATION.—The term ‘‘wire com- 3 munication’’ means any communication while it is being 4 carried by a wire, cable, or other like connection furnished 5 or operated by any person engaged as a common carrier 6 in providing or operating such facilities for the trans- 7 mission of interstate or foreign communications. 8 SEC. 4. PROHIBITIONS ON SURVEILLING UNITED STATES 9 CITIZENS. 10 (a) An officer of the United States must obtain a 11 warrant issued using the procedures described in the Fed- 12 eral Rules of Criminal Procedure by a Federal court in 13 order to conduct or request— 14 (1) electronic surveillance of a United States 15 citizen; 16 (2) a physical search of a premises, informa- 17 tion, material, or property used exclusively by, or 18 under the open and exclusive control of, a United 19 States citizen; 20 (3) approval of the installation and use of a pen 21 register or trap and trace device, a sole or signifi- 22 cant purpose of which is to obtain foreign intel- 23 ligence information concerning a United States cit- 24 izen; 25 VerDate Sep 11 2014 00:37 May 30, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6804.IH H6804 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 6804 IH (4) the production of tangible things (including 1 books, records, papers, documents, and other items) 2 concerning a United States citizen to obtain foreign 3 intelligence information; or 4 (5) the targeting of a United States citizen for 5 the acquisition of foreign intelligence information. 6 (b) Any information concerning a United States cit- 7 izen acquired under Executive Order 12333 (50 U.S.C. 8 3001 note; relating to United States intelligence activities) 9 shall not be used in evidence against that United States 10 citizen in any criminal, civil, or administrative proceeding 11 or as part of any criminal, civil, or administrative inves- 12 tigation. 13 SEC. 5. LIMITATION ON USE OF INFORMATION CON- 14 CERNING UNITED STATES CITIZENS. 15 Any information concerning a United States citizen 16 acquired during surveillance of a non-United States citizen 17 shall not be used in evidence against that United States 18 citizen in any criminal, civil, or administrative proceeding 19 or as part of any criminal, civil, or administrative inves- 20 tigation. 21 SEC. 6. CRIMINAL SANCTIONS. 22 (a) A person is guilty of an offense if he inten- 23 tionally— 24 VerDate Sep 11 2014 00:37 May 30, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6804.IH H6804 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 6804 IH (1) engages in any of the offenses described in 1 section 4, except as authorized by this Act, title 18, 2 or any express statutory authorization that is an ad- 3 ditional exclusive means for conducting electronic 4 surveillance under section 1812 of title 50; or 5 (2) discloses or uses information obtained under 6 color of law by any of the methods described in sec- 7 tion 4, paragraph (1), knowing or having reason to 8 know that the information was obtained without au- 9 thorization by this chapter, title 18, or any express 10 statutory authorization that is an additional exclu- 11 sive means for conducting electronic surveillance 12 under section 1812 of title 50. 13 (b) It is a defense to prosecution under subsection 14 (a) that the defendant was a law enforcement officer or 15 investigative officer engaging in the course of his official 16 duties and the conduct was authorized and conducted pur- 17 suant to a search warrant or court order of a court of 18 competent jurisdiction. 19 (c) An offense described in this section is punishable 20 by a fine of not more than $10,000 or imprisonment for 21 not less than five years, or both. 22 (d) There is a Federal jurisdiction over an offense 23 under this section if the person committing the offense 24 VerDate Sep 11 2014 20:31 Jun 01, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6804.IH H6804 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 6804 IH was an officer or employee of the United States at the 1 time the offense was committed. 2 Æ VerDate Sep 11 2014 00:37 May 30, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H6804.IH H6804 kjohnson on DSK79L0C42PROD with BILLS