Us Congress House Bill HB117

Us Congress 2025-2026 Regular Session

• Introduced: 1/3/25
• Refer: 1/3/25

Caption

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.  

Impact

The repeal of FISA, if enacted, would fundamentally alter U.S. surveillance policies. It would prevent law enforcement and intelligence agencies from conducting electronic surveillance on U.S. citizens without obtaining a warrant, thereby imposing stricter regulations on surveillance practices. This bill highlights a growing concern regarding state intrusion into personal privacy and the need for stronger protections for civil liberties. Advocates argue that this is a necessary step toward ensuring that constitutional rights are upheld in the face of increasing government oversight and surveillance capabilities.

Summary

House Bill 117, titled the 'Fourth Amendment Restoration Act', seeks to repeal the Foreign Intelligence Surveillance Act (FISA) of 1978. This proposed legislation is positioned as a means to restore constitutional protections regarding individual privacy, specifically in the context of government surveillance practices. The bill aims to eliminate existing federal authorities that allow for the surveillance of U.S. citizens without a warrant, arguing that such practices infringe upon citizens' Fourth Amendment rights against unreasonable searches and seizures.

Contention

The proposed repeal of FISA is expected to spark significant debate among legislators and stakeholders. Supporters contend that the existing framework permits invasive practices that undermine individual freedoms, while critics may argue that the repeal could impede national security efforts. The discussion surrounding this legislation will likely focus on balancing the need for effective intelligence gathering to protect against threats and maintaining the constitutional rights of citizens. The bill may face opposition from those who believe that certain surveillance capabilities are vital for addressing national security concerns.

Congress_id

119-HR-117

Policy_area

Armed Forces and National Security

Introduced_date

2025-01-03