Us Congress 2025-2026 Regular Session

Us Congress House Bill HB117 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	119THCONGRESS
3	3	1
4	4	STSESSION H. R. 117
5	5	To repeal the Foreign Intelligence Surveillance Act.
6	6	IN THE HOUSE OF REPRESENTATIVES
7	7	JANUARY3, 2025
8	8	Mr. B
9	9	IGGSof Arizona introduced the following bill; which was referred to the
10	10	Committee on the Judiciary, and in addition to the Permanent Select
11	11	Committee on Intelligence, for a period to be subsequently determined by
12	12	the Speaker, in each case for consideration of such provisions as fall with-
13	13	in the jurisdiction of the committee concerned
14	14	A BILL
15	15	To repeal the Foreign Intelligence Surveillance Act.
16	16	Be it enacted by the Senate and House of Representa-1
17	17	tives of the United States of America in Congress assembled, 2
18	18	SECTION 1. SHORT TITLE. 3
19	19	This Act may be cited as the ‘‘Fourth Amendment 4
20	20	Restoration Act’’. 5
21	21	SEC. 2. REPEAL OF FOREIGN SURVEILLANCE AUTHORI-6
22	22	TIES. 7
23	23	The Foreign Intelligence Surveillance Act of 1978 8
24	24	(50 U.S.C. 1801 et seq.) is repealed. 9
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27	27	•HR 117 IH
28	28	SEC. 3. DEFINITIONS. 1
29	29	For the purposes of this Act— 2
30	30	(a) P
31	31	ENREGISTER AND TRAP ANDTRACEDE-3
32	32	VICE.—The terms ‘‘pen register’’ and ‘‘trap and trace de-4
33	33	vice’’ have the meanings given such terms in section 3127 5
34	34	of title 18, United States Code. 6
35	35	(b) U
36	36	NITEDSTATESCITIZEN.—The term ‘‘United 7
37	37	States citizen’’ means an individual who is a citizen of the 8
38	38	United States. 9
39	39	(c) F
40	40	OREIGNINTELLIGENCE INFORMATION.—The 10
41	41	term ‘‘foreign intelligence information’’ means— 11
42	42	(1) information that relates to, and if con-12
43	43	cerning a United States citizen is necessary to, the 13
44	44	ability of the United States to protect against— 14
45	45	(A) actual or potential attack or other 15
46	46	grave hostile acts of a foreign power or an 16
47	47	agent of a foreign power; 17
48	48	(B) sabotage, international terrorism, or 18
49	49	the intentional proliferation of weapons of mass 19
50	50	destruction by a foreign power or an agent of 20
51	51	a foreign power; or 21
52	52	(C) clandestine intelligence activities by an 22
53	53	intelligence service or network of a foreign 23
54	54	power or by an agent of a foreign power; or 24
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57	57	•HR 117 IH
58	58	(2) information with respect to a foreign power 1
59	59	or foreign territory that relates to, and if concerning 2
60	60	a United States citizen, is necessary to— 3
61	61	(A) the national defense or the security of 4
62	62	the United States; or 5
63	63	(B) the conduct of the foreign affairs of 6
64	64	the United States. 7
65	65	(d) E
66	66	LECTRONICSURVEILLANCE.—The term ‘‘elec-8
67	67	tronic surveillance’’ means— 9
68	68	(1) the acquisition by an electronic, mechanical, 10
69	69	or other surveillance device of the contents of any 11
70	70	wire or radio communication sent by or intended to 12
71	71	be received by a particular, known United States cit-13
72	72	izen who is in the United States, if the contents are 14
73	73	acquired by intentionally targeting that United 15
74	74	States citizen, under circumstances in which a cit-16
75	75	izen has a reasonable expectation of privacy and a 17
76	76	warrant would be required for law enforcement pur-18
77	77	poses; or 19
78	78	(2) the installation or use of an electronic, me-20
79	79	chanical, or other surveillance device in the United 21
80	80	States for monitoring to acquire information, other 22
81	81	than from a wire or radio communication, under cir-23
82	82	cumstances in which a citizen has a reasonable ex-24
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85	85	•HR 117 IH
86	86	pectation of privacy and a warrant would be re-1
87	87	quired for law enforcement purposes. 2
88	88	(e) W
89	89	IRECOMMUNICATION.—The term ‘‘wire com-3
90	90	munication’’ means any communication while it is being 4
91	91	carried by a wire, cable, or other like connection furnished 5
92	92	or operated by any person engaged as a common carrier 6
93	93	in providing or operating such facilities for the trans-7
94	94	mission of interstate or foreign communications. 8
95	95	SEC. 4. PROHIBITIONS ON SURVEILLING UNITED STATES 9
96	96	CITIZENS. 10
97	97	(a) An officer of the United States must obtain a 11
98	98	warrant issued using the procedures described in the Fed-12
99	99	eral Rules of Criminal Procedure by a Federal court in 13
100	100	order to conduct or request— 14
101	101	(1) electronic surveillance of a United States 15
102	102	citizen; 16
103	103	(2) a physical search of a premises, informa-17
104	104	tion, material, or property used exclusively by, or 18
105	105	under the open and exclusive control of, a United 19
106	106	States citizen; 20
107	107	(3) approval of the installation and use of a pen 21
108	108	register or trap and trace device, a sole or signifi-22
109	109	cant purpose of which is to obtain foreign intel-23
110	110	ligence information concerning a United States cit-24
111	111	izen; 25
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114	114	•HR 117 IH
115	115	(4) the production of tangible things (including 1
116	116	books, records, papers, documents, and other items) 2
117	117	concerning a United States citizen to obtain foreign 3
118	118	intelligence information; or 4
119	119	(5) the targeting of a United States citizen for 5
120	120	the acquisition of foreign intelligence information. 6
121	121	(b) Any information concerning a United States cit-7
122	122	izen acquired under Executive Order 12333 (50 U.S.C. 8
123	123	3001 note; relating to United States intelligence activities) 9
124	124	shall not be used in evidence against that United States 10
125	125	citizen in any criminal, civil, or administrative proceeding 11
126	126	or as part of any criminal, civil, or administrative inves-12
127	127	tigation. 13
128	128	SEC. 5. LIMITATION ON USE OF INFORMATION CON-14
129	129	CERNING UNITED STATES CITIZENS. 15
130	130	Any information concerning a United States citizen 16
131	131	acquired during surveillance of a non-United States citizen 17
132	132	shall not be used in evidence against that United States 18
133	133	citizen in any criminal, civil, or administrative proceeding 19
134	134	or as part of any criminal, civil, or administrative inves-20
135	135	tigation. 21
136	136	SEC. 6. CRIMINAL SANCTIONS. 22
137	137	(a) A person is guilty of an offense if he inten-23
138	138	tionally— 24
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141	141	•HR 117 IH
142	142	(1) engages in any of the offenses described in 1
143	143	section 4, except as authorized by this Act, title 18, 2
144	144	or any express statutory authorization that is an ad-3
145	145	ditional exclusive means for conducting electronic 4
146	146	surveillance under section 1812 of title 50; or 5
147	147	(2) discloses or uses information obtained under 6
148	148	color of law by any of the methods described in sec-7
149	149	tion 4, paragraph (1), knowing or having reason to 8
150	150	know that the information was obtained without au-9
151	151	thorization by this chapter, title 18, or any express 10
152	152	statutory authorization that is an additional exclu-11
153	153	sive means for conducting electronic surveillance 12
154	154	under section 1812 of title 50. 13
155	155	(b) It is a defense to prosecution under subsection 14
156	156	(a) that the defendant was a law enforcement officer or 15
157	157	investigative officer engaging in the course of his official 16
158	158	duties and the conduct was authorized and conducted pur-17
159	159	suant to a search warrant or court order of a court of 18
160	160	competent jurisdiction. 19
161	161	(c) An offense described in this section is punishable 20
162	162	by a fine of not more than $10,000 or imprisonment for 21
163	163	not less than five years, or both. 22
164	164	(d) There is a Federal jurisdiction over an offense 23
165	165	under this section if the person committing the offense 24
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168	168	•HR 117 IH
169	169	was an officer or employee of the United States at the 1
170	170	time the offense was committed. 2
171	171	Æ
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