What This Bill Does
This bill would repeal the Foreign Intelligence Surveillance Act of 1978, which currently authorizes certain intelligence gathering activities. The bill creates new rules requiring federal officers to obtain a warrant (a court document giving permission) before conducting surveillance on American citizens. It also prohibits using information gathered about citizens during surveillance of foreign suspects in criminal cases against those citizens.
Who It Affects
Federal officers and employees who conduct surveillance or intelligence gathering activities, American citizens who may be surveilled, and people involved in criminal, civil or administrative proceedings where surveillance information might be used as evidence.
Key Provisions
- Federal officers must obtain a warrant through standard criminal court procedures before conducting electronic surveillance of a U.S. citizen. (Sec. 4(a)(1))
- Federal officers must obtain a warrant before physically searching a place or property that belongs exclusively to a U.S. citizen or before installing tracking devices to collect foreign intelligence information about a U.S. citizen. (Sec. 4(a)(2) and (3))
- Information about a U.S. citizen gathered while surveilling a non-citizen cannot be used as evidence against that citizen in any criminal, civil or administrative case or investigation. (Sec. 5)
- Anyone who intentionally conducts surveillance on a U.S. citizen without proper authorization is guilty of a crime punishable by a fine of no more than $10,000 or imprisonment for at least five years or both. (Sec. 6)
What Changes
If this bill becomes law, the Foreign Intelligence Surveillance Act of 1978 would be eliminated. Federal officers would no longer have authority under that act to conduct surveillance. All surveillance of U.S. citizens would require a warrant obtained through federal court using standard criminal procedure rules. Information collected about Americans during surveillance of foreign suspects could not be used against those Americans in court.
Important Definitions
The bill defines several key terms: "Electronic surveillance" means using devices to capture phone calls or other communications from a specific U.S. citizen, or installing monitoring devices when a person has a reasonable expectation of privacy and a warrant would normally be required. "Foreign intelligence information" means information about potential attacks, sabotage, international terrorism, weapons of mass destruction, secret spy activities by foreign powers, or information needed for national defense or foreign affairs. "Wire communication" means messages sent through wires, cables or similar connections used by common carriers (companies that provide communication services to the public).
I
118TH CONGRESS
1ST SESSION
H. R. 237
To repeal the Foreign Intelligence Surveillance Act.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 10, 2023
Mr. BIGGS 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 juris-
diction of the committee concerned
A BILL
To repeal the Foreign Intelligence Surveillance Act.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Fourth Amendment
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Restoration Act’’.
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SEC. 2. REPEAL OF FOREIGN SURVEILLANCE AUTHORI-
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TIES.
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The Foreign Intelligence Surveillance Act of 1978
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(50 U.S.C. 1801 et seq.) is repealed.
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•HR 237 IH
SEC. 3. DEFINITIONS.
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For the purposes of this Act—
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(a) PEN REGISTER
AND TRAP
AND TRACE DE-
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VICE.—The terms ‘‘pen register’’ and ‘‘trap and trace de-
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vice’’ have the meanings given such terms in section 3127
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of title 18, United States Code.
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(b) UNITED STATES CITIZEN.—The term ‘‘United
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States citizen’’ means an individual who is a citizen of the
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United States.
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(c) FOREIGN INTELLIGENCE INFORMATION.—The
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term ‘‘foreign intelligence information’’ means—
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(1) information that relates to, and if con-
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cerning a United States citizen is necessary to, the
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ability of the United States to protect against—
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(A) actual or potential attack or other
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grave hostile acts of a foreign power or an
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agent of a foreign power;
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(B) sabotage, international terrorism, or
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the intentional proliferation of weapons of mass
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destruction by a foreign power or an agent of
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a foreign power; or
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(C) clandestine intelligence activities by an
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intelligence service or network of a foreign
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power or by an agent of a foreign power; or
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•HR 237 IH
(2) information with respect to a foreign power
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or foreign territory that relates to, and if concerning
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a United States citizen, is necessary to—
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(A) the national defense or the security of
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the United States; or
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(B) the conduct of the foreign affairs of
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the United States.
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(d) ELECTRONIC SURVEILLANCE.—The term ‘‘elec-
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tronic surveillance’’ means—
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(1) the acquisition by an electronic, mechanical,
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or other surveillance device of the contents of any
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wire or radio communication sent by or intended to
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be received by a particular, known United States cit-
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izen who is in the United States, if the contents are
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acquired by intentionally targeting that United
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States citizen, under circumstances in which a cit-
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izen has a reasonable expectation of privacy and a
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warrant would be required for law enforcement pur-
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poses; or
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(2) the installation or use of an electronic, me-
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chanical, or other surveillance device in the United
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States for monitoring to acquire information, other
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than from a wire or radio communication, under cir-
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cumstances in which a citizen has a reasonable ex-
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•HR 237 IH
pectation of privacy and a warrant would be re-
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quired for law enforcement purposes.
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(e) WIRE COMMUNICATION.—The term ‘‘wire com-
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munication’’ means any communication while it is being
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carried by a wire, cable, or other like connection furnished
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or operated by any person engaged as a common carrier
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in providing or operating such facilities for the trans-
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mission of interstate or foreign communications.
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SEC. 4. PROHIBITIONS ON SURVEILLING UNITED STATES
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CITIZENS.
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(a) An officer of the United States must obtain a
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warrant issued using the procedures described in the Fed-
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eral Rules of Criminal Procedure by a Federal court in
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order to conduct or request—
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(1) electronic surveillance of a United States
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citizen;
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(2) a physical search of a premises, informa-
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tion, material, or property used exclusively by, or
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under the open and exclusive control of, a United
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States citizen;
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(3) approval of the installation and use of a pen
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register or trap and trace device, a sole or signifi-
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cant purpose of which is to obtain foreign intel-
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ligence information concerning a United States cit-
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izen;
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•HR 237 IH
(4) the production of tangible things (including
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books, records, papers, documents, and other items)
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concerning a United States citizen to obtain foreign
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intelligence information; or
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(5) the targeting of a United States citizen for
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the acquisition of foreign intelligence information.
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(b) Any information concerning a United States cit-
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izen acquired under Executive Order 12333 (50 U.S.C.
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3001 note; relating to United States intelligence activities)
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shall not be used in evidence against that United States
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citizen in any criminal, civil, or administrative proceeding
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or as part of any criminal, civil, or administrative inves-
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tigation.
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SEC. 5. LIMITATION ON USE OF INFORMATION CON-
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CERNING UNITED STATES CITIZENS.
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Any information concerning a United States citizen
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acquired during surveillance of a non-United States citizen
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shall not be used in evidence against that United States
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citizen in any criminal, civil, or administrative proceeding
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or as part of any criminal, civil, or administrative inves-
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tigation.
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SEC. 6. CRIMINAL SANCTIONS.
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(a) A person is guilty of an offense if he inten-
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tionally—
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•HR 237 IH
(1) engages in any of the offenses described in
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section 4, except as authorized by this Act, title 18,
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or any express statutory authorization that is an ad-
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ditional exclusive means for conducting electronic
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surveillance under section 1812 of title 50; or
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(2) discloses or uses information obtained under
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color of law by any of the methods described in sec-
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tion 4, paragraph (1), knowing or having reason to
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know that the information was obtained without au-
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thorization by this chapter, title 18, or any express
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statutory authorization that is an additional exclu-
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sive means for conducting electronic surveillance
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under section 1812 of title 50.
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(b) It is a defense to prosecution under subsection
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(a) that the defendant was a law enforcement officer or
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investigative officer engaging in the course of his official
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duties and the conduct was authorized and conducted pur-
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suant to a search warrant or court order of a court of
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competent jurisdiction.
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(c) An offense described in this section is punishable
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by a fine of not more than $10,000 or imprisonment for
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not less than five years, or both.
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(d) There is a Federal jurisdiction over an offense
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under this section if the person committing the offense
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•HR 237 IH
was an officer or employee of the United States at the
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time the offense was committed.
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