HR 117 · 119th CongressIn Committee

Fourth Amendment Restoration Act

Latest updateJan 3, 2025

Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Armed Forces and National Security

Sponsor

Andy Biggs

Introduced

January 3, 2025

Latest action

January 3, 2025

Legislative Progress

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Introduced

Bill filed in chamber

Committee

Reviewed & reported

Passed Chamber

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President

Sent to White House

Enacted

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Introduced

Bill filed in chamber

Committee

Reviewed & reported

Passed Chamber

House or Senate vote

Passed Both

House & Senate agree

President

Sent to White House

Enacted

Signed into law

Latest Action

Plain-Language Summary

AI Generated

The Foreign Intelligence Surveillance Act of 1978 (FISA) currently authorizes the federal government to conduct surveillance of foreign powers and their agents with a lower legal threshold than traditional criminal investigations. Under FISA, the Foreign Intelligence Surveillance Court can approve surveillance based on a finding that the target is a foreign power or agent of a foreign power, without requiring the probable cause standard that applies to domestic criminal investigations. This framework has enabled intelligence agencies to monitor communications and conduct searches when national security interests are at stake, even when traditional warrant requirements might not apply.

The Fourth Amendment Restoration Act repeals FISA entirely and requires federal officers to obtain a warrant under standard Federal Rules of Criminal Procedure from a federal court before conducting electronic surveillance, physical searches, pen registers, or demanding tangible things concerning any United States citizen. The bill defines electronic surveillance narrowly to cover intentional targeting of a particular known citizen in the United States under circumstances where a reasonable expectation of privacy exists and a warrant would be required for law enforcement purposes. The act also prohibits use of any information about a U.S. citizen acquired under Executive Order 12333 (the executive order governing intelligence activities) as evidence in any proceeding, and bars use of information about citizens incidentally collected during surveillance of non-citizens.

The repeal takes effect upon enactment, immediately eliminating the legal authority under which intelligence agencies currently operate surveillance programs. No new funding is required; the bill simply removes statutory authorization. Existing intelligence operations targeting U.S. citizens would cease unless conducted under traditional criminal warrant procedures. The bill establishes criminal penalties of up to $10,000 in fines and at least five years imprisonment for officers who conduct surveillance without authorization, with a defense available only for law enforcement acting under valid search warrants or court orders.

Key Provisions

1Repeal the Foreign Intelligence Surveillance Act of 1978 entirely, eliminating the legal framework that authorizes surveillance of foreign intelligence targets.
2Require federal officers to obtain a warrant under standard Federal Rules of Criminal Procedure before conducting electronic surveillance, physical searches, pen registers, or demanding tangible things concerning any United States citizen.
3Prohibit use of any information about a United States citizen acquired under Executive Order 12333 as evidence in criminal, civil, or administrative proceedings or investigations.
4Prohibit use of information about a United States citizen incidentally collected during surveillance of non-citizens as evidence in any proceeding or investigation.
5Establish criminal penalties of up to $10,000 in fines and at least five years imprisonment for federal officers who conduct surveillance without proper authorization.

★ Why this matters

The repeal eliminates the legal authority under which intelligence agencies currently conduct surveillance operations targeting foreign powers and their agents. All surveillance of U.S. citizens would require traditional criminal warrants based on probable cause rather than the lower national security standard. Intelligence collection on foreign targets that incidentally captures information about Americans would become inadmissible in any legal proceeding. This fundamentally restructures how federal agencies can gather foreign intelligence information.

● Who this affects

Intelligence agencies including the Central Intelligence Agency, National Security Agency, and Federal Bureau of Investigation would face immediate operational constraints. Federal prosecutors and law enforcement officers would need to obtain traditional warrants for any surveillance involving U.S. citizens. U.S. citizens and permanent residents would gain stronger legal protections against surveillance by intelligence agencies. Foreign intelligence targets and agents of foreign powers would no longer be subject to surveillance under the current FISA framework.

Bill Text

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<DOC>

119th CONGRESS
  1st Session
                                H. R. 117

          To repeal the Foreign Intelligence Surveillance Act.

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2025

Mr. Biggs of Arizona 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 jurisdiction of the committee concerned

                                 A BILL

 
          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 citi…

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