I
119THCONGRESS
1
STSESSION H. R. 117
To repeal the Foreign Intelligence Surveillance Act.
IN THE HOUSE OF REPRESENTATIVES
JANUARY3, 2025
Mr. B
IGGSof 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 with-
in the jurisdiction 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
The Foreign Intelligence Surveillance Act of 1978 8
(50 U.S.C. 1801 et seq.) is repealed. 9
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SEC. 3. DEFINITIONS. 1
For the purposes of this Act— 2
(a) P
ENREGISTER AND TRAP ANDTRACEDE-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) U
NITEDSTATESCITIZEN.—The term ‘‘United 7
States citizen’’ means an individual who is a citizen of the 8
United States. 9
(c) F
OREIGNINTELLIGENCE 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
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(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) E
LECTRONICSURVEILLANCE.—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
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pectation of privacy and a warrant would be re-1
quired for law enforcement purposes. 2
(e) W
IRECOMMUNICATION.—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
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(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
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(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
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was an officer or employee of the United States at the 1
time the offense was committed. 2
Æ
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