Us Congress 2023-2024 Regular Session

Us Congress House Bill HB4454

Introduced
6/30/23  

Caption

To amend the Foreign Intelligence Surveillance Act of 1978 to ensure that politically derived information is not used in an application to the Foreign Intelligence Surveillance Court for an order under title I or III of such Act.

Impact

If enacted, the implications of HB 4454 are substantial concerning state laws regarding surveillance and personal privacy. The proposed restrictions could lead to a decrease in the admissibility of evidence derived from political structures when investigating matters where surveillance or intelligence is warranted. This change would necessitate that any information stemming from political organizations must be accompanied by explicit identification and corroboration through independent investigative means, thus shaping the nature of how intelligence can be gathered and used in legal proceedings.

Summary

House Bill 4454 proposes amendments to the Foreign Intelligence Surveillance Act of 1978, aiming to specifically prohibit the use of politically derived information in applications submitted to the Foreign Intelligence Surveillance Court (FISC) for certain surveillance orders. The core intention of the bill is to uphold the integrity of the judicial process and prevent potential political biases from leaking into national security decisions. By ensuring that FISC applications are grounded in information that is impartial and verified, the bill seeks to enhance the accountability and transparency of intelligence operations under the jurisdiction of this court.

Contention

Despite the bill's objective to promote fairness in intelligence assessments, notable points of contention have emerged. Critics argue that the bill might inadvertently restrict access to vital information that could be essential for law enforcement and national security purposes, potentially hindering efforts to protect the nation from threats. Furthermore, some policymakers worry about the implications of defining 'politically derived information,' fearing it could become a tool for lessening the scrutiny of government actions and limiting oversight of surveillance practices.

Companion Bills

US SB3351

Related FISA Reform and Reauthorization Act of 2023 Foreign Intelligence Surveillance Act of 1978 Reform and Reauthorization Act of 2023

US HB7888

Related Reforming Intelligence and Securing America Act

Previously Filed As

US SB3351

FISA Reform and Reauthorization Act of 2023 Foreign Intelligence Surveillance Act of 1978 Reform and Reauthorization Act of 2023

US HR577

Expressing the sense of the House of Representatives that authorities under section 702 of the Foreign Intelligence Surveillance Act of 1978 should be allowed to expire.

US SB4197

A bill to amend the FISA Amendments Act of 2008 to provide for an extension of certain authorities under title VII of the Foreign Intelligence Surveillance Act of 1978.

US HB237

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.

US HB117

Fourth Amendment Restoration ActThis bill repeals the Foreign Intelligence Surveillance Act of 1978 (which authorizes various types of searches and surveillance for foreign intelligence purposes) and limits surveillance of U.S. citizens.The bill requires that an officer of the U.S. government 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 intentionally (1) violates these requirements without statutory authorization, or (2) discloses or uses information that the person knows (or has a reason to know) was obtained under color of law by methods that violate these requirements. 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.  

US HB4108

Protecting Americans' Data From Foreign Surveillance Act of 2023

US SB1974

Protecting Americans' Data From Foreign Surveillance Act of 2023

US HB5522

Combatting Foreign Surveillance Spyware Sanctions Act

US HB5557

Combatting Foreign Surveillance Spyware Sanctions Act

US AJR8

The Foreign Intelligence Surveillance Act.

Similar Bills

No similar bills found.